BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1690
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          Date of Hearing:  May 10, 2010

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                            Anthony J. Portantino, Chair

                 AB 1690 (Chesbro) - As Introduced:  January 27, 2010
           
           2/3 vote.  Urgency.  Fiscal committee.

           SUBJECT  :  Disaster relief:  County of Humboldt earthquake.

           SUMMARY  :  Adds the earthquake that occurred in Humboldt County  
          on January 9, 2010 (2010 Earthquake) 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 Humboldt County for  
            property tax losses resulting from the reassessment of  
            properties damaged by the 2010 Earthquake.

          2)Provides that any dwelling that qualified for a homeowners'  
            property tax exemption before January 9, 2010, that was  
            damaged or destroyed by the 2010 Earthquake, and that has not  
            changed ownership since January 9, 2010, 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 2010 Earthquake 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. 

          5)Takes immediate effect as an urgency measure.   








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           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  
               the same carry forward rules that apply to individual  








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               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 State Board of Equalization  
            (BOE) estimates that the cost of reimbursing Humboldt County's  
            property tax losses would be $405,072.

           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 $12,000. 
           
          3)Income Tax Losses  :  The revenue losses related to the disaster  
            loss treatment provisions of this bill are currently unknown.   
            Specifically, the Franchise Tax Board analysis notes, "The  
            revenue impact has not been determined at this time, but will  
            be developed as the bill moves through the legislative  
            process."   

           COMMENTS  :

          1)The author states:

               AB 1690 would allow special tax treatment, called disaster  
               loss treatment, for losses sustained as a result of the  
               January 9, 2010 earthquake in Humboldt County.  The purpose  
               of this bill is to provide immediate tax relief to  
               individuals and businesses affected by the earthquake.

               Traditionally, when a disaster has occurred in California,  
               the state has enacted legislation to keep counties whole  
               with respect to any loss of property tax revenue they  
               experience from reduced property values resulting from the  
               disaster.  This bill follows a longstanding policy of  
               backfilling county losses resulting from reduced property  
               values.  

          2)The County of Humboldt notes:

               The Humboldt County Board of Supervisors is authorized to  








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               reassess property that was damaged or destroyed by the  
               earthquake.  This reassessment would have a significant  
               adverse impact on the County's property tax revenues if not  
               reimbursed by the state.  This bill would amend existing  
               law that already provided similar relief to other counties  
               on over twenty previous occasions, by including this  
               incident in Humboldt County among the disasters eligible  
               for reimbursement.

          3)Committee Staff Comments:

              a)   The 2010 Earthquake  :  On Saturday, January 9, 2010, a  
               6.5 magnitude earthquake struck the northern coast of  
               California, disrupting utilities and damaging at least 175  
               structures.  On January 12, 2010, Governor Schwarzenegger  
               proclaimed a state of emergency in Humboldt County due to  
               the earthquake.  
              
             b)   Double Referral  :  This bill was double-referred with the  
               Committee on Local Government, and passed out of that  
               committee by a vote of 8-0 on April 14, 2010.  

             c)   Related Bills  :  
              
                i)     AB 1662 (Portantino), of the current Legislative  
                 Session, would provide similar disaster relief in  
                 connection with certain wildfires that occurred in Los  
                 Angeles and Monterey Counties.  AB 1662 is currently  
                 pending in the Assembly Appropriations Committee.
                
                ii)    AB 1766 (Gaines), of the currently Legislative  
                 Session, would provide similar disaster relief in  
                 connection with the 49 Fire that began in Placer County  
                 in August 2009.  AB 1766 is scheduled to be heard by this  
                 Committee along with this bill.
                
                iii)   Should these bills all continue to progress through  
                 the Legislature, appropriate amendments should be taken  
                 to prevent chaptering out issues.   

          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          County of Humboldt








                                                                  AB 1690
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          Regional Council of Rural Counties


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