2007 House Bill 4375

Revise commercial rental property assessment occupancy formula

Introduced in the House

March 1, 2007

Introduced by Rep. Paul Condino (D-35)

To eliminate a cap on the maximum amount that tax assessors can raise the assessment of rental property due to a higher occupancy rate, if the assessment had been previously lowered as a result of a lower occupancy rate. A 2002 Supreme Court ruling (WPW vs. Troy) held that raising these assessments faster than inflation violates the Constitutional tax cap put in place by Proposal A in 1994, which limits assessment increases to five percent or the rate of inflation, whichever is less. This bill exempts commercial rental property from the regular property tax law, and instead subject it to a new property tax law which taxes this property at the same rate as the current law. Note: The effect of the bills in some sense would be retroactive, requiring property owners to pay higher taxes in the future to compensate governments for past tax savings under the WPW ruling.

Referred to the Committee on Tax Policy

March 28, 2007

Reported without amendment

Without amendment and with the recommendation that the bill pass.

April 17, 2007

Substitute offered by Rep. Paul Condino (D-35)

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Substitute offered by Rep. Fulton Sheen (R-88)

To replace the previous version of the bill with one that eliminate the retroactive nature of the bill, which would require property owners to pay higher taxes in the future to compensate governments for past tax savings under the WPW ruling.

The substitute failed 51 to 57 (details)

Passed in the House 59 to 49 (details)

Received in the Senate

April 19, 2007

Referred to the Committee on Finance