BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 79
                                                                  Page  1

          Date of Hearing:  May 18, 2009

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                             Charles M. Calderon, Chair

                     AB 79 (Duvall) - As Amended:  April 13, 2009

          2/3 vote.  Urgency.  Fiscal committee.

           SUBJECT  :  Disaster relief

           SUMMARY  :  Adds the wildfires that occurred in Orange, Riverside,  
          and San Bernardino Counties in 2008 (2008 Wildfires) to the list  
          of disasters eligible for full state reimbursement of local  
          property tax losses, beneficial homeowners' property tax  
          exemption treatment, and special "carry forward" treatment of  
          excess disaster losses.  Specifically,  this bill  :

          1)Provides a mechanism for reimbursing the counties for property  
            tax losses resulting from the reassessment of properties  
            damaged by the 2008 Wildfires.

          2)Provides that any dwelling that qualified for a homeowners'  
            property tax exemption before the commencement dates of the  
            2008 Wildfires, that was damaged or destroyed by the 2008  
            Wildfires, and that has not changed ownership since the  
            commencement dates of these disasters, shall not be denied a  
            homeowners' exemption solely because that dwelling was  
            temporarily damaged or destroyed, or was being reconstructed  
            by the owner, or was temporarily uninhabited as a result of  
            restricted access.

          3)Provides that any taxpayer's excess disaster loss resulting  
            from the 2008 Wildfires shall be carried forward to each of  
            the five taxable years following the taxable year for which  
            the loss is claimed.  However, if there is any excess disaster  
            loss remaining after this five-year period, then the  
            applicable percentage of that excess disaster loss shall be  
            carried forward to each of the next 10 taxable years. 

          4)Specifies that, if the Commission on State Mandates determines  
            that this bill contains costs mandated by the state, local  
            agencies and school districts will be reimbursed for those  
            costs.









                                                                  AB 79
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          5)Takes effect immediately as an urgency measure.

           EXISTING LAW  :

          1)Property Tax Reassessment  :  Allows each county, by ordinance,  
            to provide for the reassessment of properties damaged by a  
            calamity, disaster, or misfortune.  Taxpayers owning damaged  
            property must apply for a reassessment within the time period  
            specified in the applicable county's ordinance or within 12  
            months of the misfortune or calamity, whichever is later.  The  
            application for reassessment must show the condition and value  
            of the property after the damage and the dollar value of the  
            damage.  Once the property is reassessed, the taxpayer is  
            entitled to a refund of any excess property tax paid on the  
            property.  If the affected property is subsequently repaired,  
            its value is subject to an upward reassessment by the county.

           2)Homeowners' Exemption  :

             a)   Exempts the first $7,000 of the full value of a dwelling  
               from property tax, when the dwelling is occupied by an  
               owner as his/her principal residence.  However, if a  
               property is no longer owner-occupied or is vacant on the  
               lien date (January 1), the property is not eligible for the  
               exemption for the succeeding tax year.  

             b)   Provides certain disaster-related exceptions to the  
               general rule that a property must be owner-occupied on the  
               lien date to receive the homeowners' exemption.  Under  
               these exceptions, properties that were eligible for the  
               homeowners' exemption immediately before the disaster, do  
               not change ownership after the disaster, and are vacant  
               solely because of damage incurred during the disaster,  
               continue to be eligible for the homeowners' exemption.

           3)Income Tax Losses  :  

             a)   Allows non-business taxpayers with casualty losses that  
               are not reimbursed by insurance and that exceed $100 plus  
               10% of the taxpayer's adjusted gross income (AGI) to claim  
               these losses as itemized deductions on their tax return.   
               Taxpayers may carry forward 100% of any remaining losses  
               for up to 10 years.  Corporate taxpayers with casualty  
               losses that are not reimbursed by insurance are not subject  
               to the $100 plus 10% of AGI threshold, but are subject to  








                                                                  AB 79
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               the same carry forward rules that apply to individual  
               taxpayers. 

             b)   Allows both individual and corporate taxpayers who  
               experience losses as a result of certain named disasters to  
               claim these losses either in the year in which the loss  
               occurred or in the preceding year.

           FISCAL EFFECT  :

           1)Property Tax Reassessment  :  The Board of Equalization (BOE)  
            estimates that the cost of reimbursing the counties' property  
            tax losses would be $635,952.

           2)Homeowners' Exemption :  BOE estimates that extending the  
            homeowners' exemption to homes that are uninhabitable on the  
            lien date will result in revenue losses of less than $8,000. 
           
          3)Income Tax Losses  :  The Franchise Tax Board estimates minimal  
            revenue losses resulting from the income tax provisions of  
            this bill.  

           COMMENTS  :

          1)The author states, "This bill is vitally important to our  
            local governments to ensure that they recover the losses  
            suffered from this disaster."  

          2)Proponents state, "As you know, AB 79 provides  
            disaster-related tax relief for losses sustained as a result  
            of wildfires that occurred in Orange, Riverside, and San  
            Bernardino Counties.  The legislation includes state  
            reimbursement to backfill property tax revenue losses  
            resulting from assessment reductions because of these  
            wildfires."

          3)Committee staff notes:

             a)   This bill was double-referred with the Committee on  
               Local Government, and passed out of that committee by a  
               vote of 7 to 0 on April 1, 2009.

             b)   This bill is similar to both AB 50 (Nava) and AB 15  
               (Fuentes), also introduced in the current Legislative  
               Session.  Should all three bills continue to progress  








                                                                  AB 79
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               through the Legislature, double-jointing amendments may  
               become necessary.  

             c)   Technical amendment:  Committee staff recommends  
               replacing the phrase "that county" with "those counties" on  
               page 22, line 8.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California State Association of Counties
          Orange County Board of Supervisors
          Regional Council of Rural Counties
          Riverside County Board of Supervisors

           Opposition 
           
          None on file 
           
          Analysis Prepared by  :  M. David Ruff / REV. & TAX. / (916)  
          319-2098