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AB-1676 Local government finance: property tax revenue allocations: County of San Benito.(2011-2012)

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Amended  IN  Assembly  March 15, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1676

Introduced  by  Assembly Member Alejo
 (Coauthor(s): Senator Cannella)

February 14, 2012

An act to add Section 96.24 to the Revenue and Taxation Code, relating to local government finance.


LEGISLATIVE COUNSEL'S DIGEST


AB 1676, as amended, Alejo. Local government finance: property tax revenue allocations: County of San Benito.
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined. Existing law provides for the computation, on the basis of these allocations, of apportionment factors that are applied to actual property tax revenues in each county in order to determine actual amounts of property tax revenue received by each recipient jurisdiction.
This bill would deem to be correct those property tax revenue apportionment factors that were applied in allocating property tax revenues in the County of San Benito for each fiscal year through the 2001–02 2000–01 fiscal year. This bill would, however, require property tax apportionment factors applied in allocating property tax revenue in the County of San Benito for the 2002–03 2001–02 fiscal year and each fiscal year thereafter to be determined on the basis of apportionment factors for prior fiscal years that have been corrected or adjusted as would be required if those prior apportionment factors were not deemed correct by this bill.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Benito.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 96.24 is added to the Revenue and Taxation Code, to read:

96.24.
 Notwithstanding any other provision of law, the property tax apportionment factors applied in allocating property tax revenues in the County of San Benito for each fiscal year through the 2001–02 2000–01 fiscal year, inclusive, are deemed to be correct. However, for the 2002–03 2001–02 fiscal year and each fiscal year thereafter, property tax apportionment factors applied in allocating property tax revenues in the County of San Benito shall be determined on the basis of property tax apportionment factors for prior fiscal years that have been fully corrected and adjusted, pursuant to the review and recommendation of the Controller, as would be required in the absence of the preceding sentence.

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 uniquely severe fiscal difficulties being suffered by the County of San Benito.