Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

General Law Provisions

Supplemental Acts to the Revenue and Taxation Code


Stats. 1992, Ch. 603

Stats. 1992, Ch. 603An act to amend Section 2 of Chapter 93 of the Statutes of 1992, relating to property taxation, and declaring the urgency thereof, to take effect immediately.

Section 2. State Board of Equalization; settlement of lawsuits.(a) Notwithstanding any other provision of law, and in addition to its general authority with respect to the settlement of lawsuits, the State Board of Equalization is expressly authorized to enter into, in its discretion, the settlement of a lawsuit or lawsuits that provides for the manner in which the affected state assessee's property will be valued in future assessment years, where all of the following are satisfied:

(1) The lawsuit involves refunds with respect to one or more prior assessment years.

(2) A judgment in favor of the taxpayer in the lawsuit would have a significant, negative impact on the fiscal status of cities, counties, school entities, and special districts.

(3) The State Board of Equalization determines that the settlement is reasonably balanced against any assessment reductions in future assessment years that would result from the settlement and the risks and expense of continued litigation.

(4) The required number of affected counties, as specified in the settlement, agree to the settlement.

(5) The State Board of Equalization has obtained the Attorney General's approval of the settlement.

(b) For purposes of this act, "settlement of a lawsuit or lawsuits" includes, but is not limited to, a settlement agreement that is the subject of a validation proceeding filed pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, that includes as a party or within its scope all parties to the settlement agreement. Any settlement agreement executed pursuant to this act shall be deemed a contract within the meaning of Section 53511 of the Government Code.

Sec. 3. Declaratory of existing law. The amendments made by Section 2 of this act do not constitute a change in, but are declaratory of, existing law, including, but not limited to, Section 19 of Article XIII of the California Constitution.

Sec. 4. Urgency statute. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to promptly provide the State Board of Equalization with the necessary authority to properly and efficiently perform its duties with respect to the valuation of state-assessed property, it is necessary that this act take effect immediately.

History.—Enacted by Stats. 1992, Ch. 603, in effect September 9, 1992.