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AB-30 Property taxation: disaster relief.(1991-1992)

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AB30:v95#DOCUMENT

Assembly Bill No. 30
CHAPTER 19

An act to add Sections 195.2, 195.3, and 195.4 to the Revenue and Taxation Code, relating to disaster relief, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 21, 1992. Approved by Governor  September 21, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 30, Katz. Property taxation: disaster relief.
Existing law authorizes a county board of supervisors to provide by ordinance for the reassessment of property that is damaged or destroyed, without fault on the part of the assessee, by a major misfortune or calamity, upon the application of the assessee or upon the action of the county assessor with the approval of the board of supervisors. With respect to an eligible county, defined to include a county that, among other things, has adopted a reassessment ordinance as described above, existing law also authorizes owners of eligible property, as defined, who have applied for reassessment under that ordinance, to apply for and receive the deferral of the next installment of property taxes on the regular secured roll. It additionally authorizes an eligible county to adopt an ordinance allowing, upon the filing of a claim by an assessee, the deferral of that assessee’s unpaid and nondelinquent taxes on the supplemental roll. Existing law provides, as specified, for state allocations to eligible counties to reimburse those counties for the deferral of taxes on the regular secured and supplemental rolls, and requires eligible counties to in turn reimburse the state, as provided, for those allocations. Existing law also continuously appropriates, without regard to fiscal years, moneys in the Special Fund for Economic Uncertainties for purposes of making the required state allocations.
This bill would additionally provide, as specified, for state allocations to eligible counties, declared by the Governor to be in a state of disaster as a result of floods occurring in California in February 1992, of the estimated amounts of the reductions in property tax revenues on the regular secured and supplemental rolls for the 1991–92 fiscal year as a result of the reassessment of damaged properties under a reassessment ordinance, with the exception of any estimated property tax revenue reductions to school districts (other than basic state aid school districts), county offices of education, and community college districts, as specified. It would require alternatively that the eligible counties receiving those allocations reimburse the state for those amounts or that the state make additional allocations to those eligible counties, as applicable, where the estimated reductions in property tax revenues differ from the actual amounts of those reductions, excluding any property tax revenue lost by school districts (other than basic state aid school districts), county offices of education, and community college districts, as specified.
By requiring moneys continuously appropriated from the Special Fund for Economic Uncertainties to be allocated by the Controller for the purpose of reimbursing certain eligible counties for 1991–92 fiscal year property tax revenue reductions, this bill would make an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 195.2 is added to the Revenue and Taxation Code, to read:

195.2.
 In the 1991–92 fiscal year or as soon as possible thereafter during the 1992–93 fiscal year, the county auditor of an eligible county, proclaimed by the Governor to be in a state of disaster as a result of the floods that occurred in California in February 1992, shall certify to the Director of Finance an estimate of the total amount of the reduction in property tax revenues on both the regular secured roll and the supplemental roll for that fiscal year resulting from the reassessment of eligible properties by the county assessor pursuant to Section 170, except that the amount certified shall not include any estimated property tax revenue reductions to school districts (other than basic state aid school districts), county offices of education, and community college districts.

SEC. 2.

 Section 195.3 is added to the Revenue and Taxation Code, to read:

195.3.
 After the county auditor of an eligible county described in Section 195.2 has made the applicable certification to the Director of Finance pursuant to Section 195.2, the director shall, within 30 days and after verification of the county auditor’s estimate, certify this amount to the Controller for allocation to the county. Upon receipt of certification from the Director of Finance, the Controller shall make the appropriate allocation to the county within 10 working days thereafter.

SEC. 3.

 Section 195.4 is added to the Revenue and Taxation Code, to read:

195.4.
 On or before December 31, 1992, each eligible county described in Section 195.2 shall compute and remit to the Controller for deposit in the General Fund an amount equal to the amount allocated to it by the Controller pursuant to Section 195.3, less the actual amount of its property tax revenue lost in the immediately preceding fiscal year on the regular secured and supplemental rolls with respect to eligible properties as a result of the reassessment of those properties pursuant to Section 170, excluding any property tax revenue lost by school districts (other than basic state aid districts), county offices of education, and community college districts. If the amount computed pursuant to this section for an eligible county is less than zero, the Controller shall allocate that amount to the county.

SEC. 4.

 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 provide as soon as possible necessary relief and essential assistance to ensure recovery from the extensive damage to lives and property inflicted by floods that occurred in California in February 1992, it is necessary that this act take effect immediately.