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AB 31

  • California Assembly Bill
  • 2009-2010, 8th Special Session
  • Introduced in Assembly
  • Assembly
  • Senate
  • Governor

Disaster relief: County of Los Angeles.

Abstract

(1) 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 board's approval. With respect to certain counties that have adopted reassessment ordinances and have been declared by the Governor to be in a state of emergency as a result of certain events, existing law provides for state allocations of the estimated amounts of the reductions in property tax revenues resulting in certain fiscal years from reassessments under those ordinances. Existing law also continuously appropriates, without regard to fiscal years, moneys in the Special Fund for Economic Uncertainties for purposes of funding these state allocations. This bill would provide for similar state allocations with respect to property tax revenue reductions resulting from a reassessment for damages incurred within the County of Los Angeles, which was declared by the Governor to be in a state of emergency due to the wildfires that commenced in August 2009. By requiring moneys continuously appropriated from the Special Fund for Economic Uncertainties to be allocated for the new purpose of reimbursing the County of Los Angeles for these property tax revenue reductions, this bill would make an appropriation. (2) Existing property tax law provides, pursuant to a specified provision of the California Constitution, for a homeowners' property tax exemption in the amount of $7,000 of the full value of a "dwelling," as defined. This bill would also provide that any dwelling that qualified for the exemption prior to August 26, 2009, that was damaged or destroyed by the wildfires in the County of Los Angeles, and that has not changed ownership since August 26, 2009, may not be denied the exemption solely on the basis that the dwelling was temporarily damaged or destroyed or was being reconstructed by the owner, or was temporarily uninhabited as a result of restricted access to the property due to wildfires. The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners' property tax exemption. This bill would state the intent of the Legislature to make this required reimbursement in the annual Budget Act. By requiring local tax officials to implement new exemption criteria, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (3) The Personal Income Tax Law and the Corporation Tax Law provide for the carryover to specified taxable years of specified losses sustained as a result of certain disasters occurring in California in an area determined by the President of the United States to warrant specified federal assistance, or proclaimed by the Governor to be in a state of emergency. This bill would extend these provisions to losses sustained in the County of Los Angeles as a result of the wildfires that commenced in August 2009. This bill would authorize a taxpayer to make an election to claim a deduction for those losses on the tax return for the preceding year. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010.This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (2)

Portantino

Author

Kevin D Jeffries

  • Republican
Author

Votes


No votes to display

Actions


Mar 11, 2010

Assembly

Died at Desk.

Jan 20, 2010

Assembly

From printer.

Jan 19, 2010

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB31 HTML
01/19/10 - Introduced PDF

Related Documents

Document Format
No related documents.

Sources

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