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AB-33 Property taxation: disaster relief.(1991-1992)

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AB33:v92#DOCUMENT

Assembly Bill No. 33
CHAPTER 20

An act to amend Sections 196.4 and 196.6 of, and to add Sections 195.5, 195.6, and 195.7 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 28, 1992. Approved by Governor  September 26, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 33, Hauser. 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 provides, for an eligible county declared to be in a state of disaster as a result of the Oakland/Berkeley Fire of 1991 or the Painted Cave Fire of June 1990, for state allocations of the estimated amounts of the reductions in property tax revenues on the regular secured roll and on the supplemental roll for the 1992–93 fiscal year, as a result of the reassessment of damaged properties under a reassessment ordinance. Existing law requires 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. 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 modify the above allocation provisions by excluding from the amounts of estimated and actual property tax revenue losses the amounts of estimated and actual losses for school districts, other than basic state aid districts, as defined, county offices of education, and community college districts. This bill would also establish similar allocation provisions, containing the same exclusions, with respect to those eligible counties declared to be in a state of disaster as a result of the earthquakes that occurred in California in April 1992.
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 1992–93 fiscal year property tax revenue reductions, this bill would make an appropriation.
Existing property tax law generally requires, where the filing of a claim is necessary to obtain a property tax exemption, that any person claiming an exemption as to a supplemental assessment file a claim, or an amendment to a claim, on or before the 30th day following the date of the notice of a supplemental assessment, in order to receive the full exemption.
This bill would provide, notwithstanding the foregoing requirement, that an application for the property tax welfare exemption shall be deemed timely filed with the assessor of a county of the 9th class where certain conditions are met with respect to the dates of filing and delinquency. This bill would contain legislative findings as to the necessity of a special statute with respect to these provisions.
This bill would provide that its provisions are severable. 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 195.5 is added to the Revenue and Taxation Code, to read:

195.5.
 In the 1991–92 fiscal year or as soon as possible thereafter, the county auditor of an eligible county, proclaimed by the Governor to be in a state of disaster as a result of the earthquakes that occurred in California in April 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 the 1992–93 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. For purposes of this section, “basic state aid school district” means any school district that does not receive a state apportionment pursuant to subdivision (h) of Section 42238 of the Education Code, but receives from the state only a basic apportionment pursuant to Section 6 of Article IX of the California Constitution.

SEC. 2.

 Section 195.6 is added to the Revenue and Taxation Code, to read:

195.6.
 After the county auditor of an eligible county described in Section 195.5 has made the applicable certification to the Director of Finance pursuant to Section 195.5, 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 195.7 is added to the Revenue and Taxation Code, to read:

195.7.
 On or before December 31, 1993, each eligible county described in Section 195.5 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 195.6, less the actual amount of its property tax revenue lost in the 1992–93 fiscal year on the regular secured roll and on the supplemental roll, 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 school districts), county offices of education, and community college districts. For purposes of this section, “basic state aid school district” means any school district that does not receive a state apportionment pursuant to subdivision (h) of Section 42238 of the Education Code, but receives from the state only a basic apportionment pursuant to Section 6 of Article IX of the California Constitution. 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.

 Section 196.4 of the Revenue and Taxation Code is amended to read:

196.4.
 (a)  In the 1991–92 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 Oakland/Berkeley Fire that occurred in October 1991, 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.
(b)  In the 1991–92 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 Painted Cave Fire that occurred in June 1990, 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 the 1990–91 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 aid school districts), county offices of education, and community college districts.
(c)  For purposes of this section, “basic state aid school district” means any school district that does not receive a state apportionment pursuant to subdivision (h) of Section 42238 of the Education Code, but receives from the state only a basic apportionment pursuant to Section 6 of Article IX of the California Constitution.

SEC. 5.

 Section 196.6 of the Revenue and Taxation Code is amended to read:

196.6.
 (a)  On or before December 31, 1992, each eligible county, as described in subdivision (a) of Section 196.4, 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 196.4, 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 school districts), county offices of education, and community college districts. If the amount computed pursuant to this subdivision for an eligible county described in this subdivision is less than zero, the Controller shall allocate that amount to the county.
(b)  On or before December 31, 1992, each eligible county, as described in subdivision (b) of Section 196.4, 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 196.4, less the actual amount of its property tax revenue lost in the 1990–91 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 school districts), county offices of education, and community college districts. If the amount computed pursuant to this subdivision for an eligible county as described in this subdivision is less than zero, the Controller shall allocate that amount to the county.
(c)  For purposes of this section, “basic state aid school district” means any school district that does not receive a state apportionment pursuant to subdivision (h) of Section 42238 of the Education Code, but receives from the state only a basic apportionment pursuant to Section 6 of Article IX of the California Constitution.

SEC. 6.

 Notwithstanding subdivision (c) of Section 75.21 of the Revenue and Taxation Code, an application for the welfare exemption shall be deemed timely filed with the assessor of a county of the ninth class if both of the following conditions are met:
(a)  The application is filed on or before the date on which the second installment of taxes on the applicant’s supplemental tax bill becomes delinquent.
(b)  The second installment of taxes on the applicant’s supplemental tax bill becomes delinquent on August 31, 1992.

SEC. 7.

 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 unique circumstances in the County of Contra Costa with respect to the administration of the property tax welfare exemption.

SEC. 8.

 If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SEC. 9.

 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, essential and proper tax relief in California, it is necessary that this act take effect immediately.