BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 1690
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1690 (Chesbro)
          As Amended  August 19, 2010
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |42-28|(January 28,    |SENATE: |33-0 |(August 23,    |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    REV. & TAX.  

           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.  
           

           The Senate amendments  are technical in nature and prevent  
          chaptering out issues given the large number of disaster-related  
          bills pending in the current legislative session.

           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  








                                                                           
           AB 1690
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               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  
               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.

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Provided a mechanism for reimbursing Humboldt County for  
            property tax losses resulting from the reassessment of  
            properties damaged by the 2010 Earthquake.

          2)Provided 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.








                                                                           
           AB 1690
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          3)Provided 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)Specified 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)Took immediate effect as an urgency measure.   

           FISCAL EFFECT  :

          1)The State Board of Equalization estimates that General Fund  
            expenditures for reimbursing Humboldt County for its property  
            tax losses and extending the homeowners' exemption would be  
            about $125,000 in fiscal year 2010-11, with declining amounts  
            in subsequent years.

          2)This bill's income tax provisions will result in minor revenue  
            losses of likely less than $5,000 per year for the next  
            several years.

           COMMENTS  :  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.  








                                                                           
           AB 1690
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          Committee Staff Comments:  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.  


           Analysis Prepared by  :    M. David Ruff / REV. & TAX. / (916)  
          319-2098 


          FN: 0006558