TAXATION. FAMILY TRANSFERS. LEGISLATIVE CONSTITUTIONAL AMENDMENT. State Constitution Article XIII A. enacted as Proposition 13 in 1978, with certain exceptions, places a limitation on real property taxes equal to 1 percent of its full cash value listed on the 1975-1976 tax bill. Property may be reassessed on "purchase" or other "change of ownership." This measure amends Article XIII A to provide the terms "purchase" and "change of ownership" do not include the purchase or transfer of (1) real property between spouses and (2) the principal residence and the first $1,000,000 of other real property between parents and children. Summary of Legislative Analyst's estimate of state and local fiscal impact: Measure would reduce local property tax revenues. Cities, counties, and special districts would lose an estimated $17 million in 1987-88, $37 million in 1988-89, and increasing amounts in future years. Remaining losses would be to school and community college districts. Increased state aid from the State General Fund would offset these losses, resulting in an estimated loss to the General Fund of $11 million in 1987-88, $23 million in 1988-89, and increasing amounts in future years.
Legislative Vote Results
Assembly - Ayes, 74; Noes, 0 -- Senate - Ayes, 34; Noes, 0
Popular Vote Results
Y: 5109645; A: 75.7; N: 1638812; B: 24.3
Assembly Constitutional Amendment
Empire Properties v. County of Los Angeles: 44 Cal. App. 4th 781: 52 Cal. Rptr. 2d 69, 1996; Penner v. County of Santa Barbara: 37 Cal. App. 4th 1672: 44 Cal. Rptr. 2d 606, 1995; Sea World, Inc. v. County of San Diego: 27 Cal. App. 4th 1390: 33 Cal. Rptr. 2d 194, 1994; Larson v. Duca: 213 Cal. App. 3d 324: 261 Cal. Rptr. 559, 1989
Code Sections Affected
Amended Cal. Const. art. XIIIA, section 2
Thomas M. Hannigan, Member of the Assembly, 4th District; Leo T. McCarthy, Lieutenant Governor; Lucy Killea, Member of the Assembly, 78th District
Gary B. Wesley, Attorney at Law
Rebuttal Against Author
Thomas M. Hannigan, Member of the Assembly, 4th District
Taxation. Family Transfers. California Proposition 58 (1986).