Today's Law As Amended


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AB-866 Local government finance: property tax revenue allocations: county of the 28th class.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 97.82 is added to the Revenue and Taxation Code, to read:

97.82.
 (a) Notwithstanding any other law, for the 2012–13 fiscal year and for each fiscal year thereafter, the auditor of a qualified county shall do both of the following:
(1) Increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated to that county by the county equity amount.
(2) (A) Decrease the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the county Educational Revenue Augmentation Fund by the county equity amount.
(B) If, for any fiscal year, there is not enough ad valorem property tax revenue that is otherwise required to be allocated to a county Educational Revenue Augmentation Fund for the auditor to complete the allocation reduction required by subparagraph (A), the auditor shall additionally reduce the total amount of ad valorem property tax revenue that is otherwise required to be allocated to all school districts in the county for that fiscal year by an amount equal to the difference between the county equity amount and the amount of ad valorem property tax revenue that is otherwise required to be allocated to the county Educational Revenue Augmentation Fund for that fiscal year. This reduction for each school district in the county shall be the percentage share of the total reduction that is equal to the proportion that the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the school district bears to the total amount of ad valorem property tax revenue that is otherwise required to be allocated to all school districts in a county. For purposes of this subparagraph, “school districts” do not include any districts that are excess tax school entities, as defined in Section 95.
(C) Any reduction in the amount of ad valorem property tax revenues deposited in the county’s Educational Revenue Augmentation Fund as a result of subparagraph (A) shall be applied exclusively to reduce the amounts that are allocated from that fund to school districts and county offices of education, and shall not be applied to reduce the amounts of ad valorem property tax revenues that are otherwise required to be allocated from that fund to community college districts.
(b) For purposes of this section, all of the following shall apply:
(1) “County equity amount” means that amount, as calculated by the auditor, equal to 5.6783 percent of the amount of ad valorem property tax revenues allocated to a qualified city in the immediately preceding fiscal year.
(2) “Qualified city” means the city that is located within the boundaries of a qualified county that incorporated on January 1, 1987.
(3) “Qualified county” means the county of the 28th class as described in Section 28049 of the Government Code.
(c) For the 2012–13 fiscal year and for each fiscal year thereafter, ad valorem property tax revenue allocations made pursuant to Sections 96.1 and 96.5 shall not incorporate the allocation adjustments made by this section.
SEC. 2.
 The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique fiscal pressures being encountered by the county of the 28th class in providing vital public services.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.