BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2136
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2136 (V. Manuel Perez and Salas)
          As Amended  August 20, 2010
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |69-0 |(May 24, 2010)  |SENATE: |34-0 |(August 24,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    L. GOV.  

           SUMMARY  :  Adds the earthquake that struck Imperial County on  
          April 4, 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  :  

           1)Delete the provisions that added the Earthquake to the list of  
            disasters eligible for full state reimbursement of local  
            agency costs.

          2)Specify that loans provided under the "CalHome Program  
            Disaster Assistance" for Imperial County that have been made  
            to rehabilitate, reconstruct, or replace lower income  
            owner-occupied manufactured homes shall be due and payable in  
            10 years, with 20% of the original principal to be forgiven  
            annually for each additional year beyond the fifth year that  
            the manufactured home is owned and continuously occupied by  
            the borrower.  

          3)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  








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            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  
               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:  









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

          2)Provided that any dwelling that qualified for a homeowners'  
            property tax exemption before April 4, 2010, that was damaged  
            or destroyed by the Earthquake, and that has not changed  
            ownership since April 4, 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)Provided that any taxpayer's excess disaster loss resulting  
            from the 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)Added the Earthquake to the list of disasters eligible for the  
            higher state share of costs.

          5)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.

          6)Takes immediate effect as an urgency measure.

           FISCAL EFFECT  :  

          1)The State Board of Equalization estimates General Fund costs  
            of $78,000 in fiscal year 2010-11 and declining amounts  
            thereafter for reimbursing Imperial County for its property  
            tax losses and extending the homeowners' exemption.

          2)This bill's income tax provisions will result in minor revenue  
            losses of likely less than $7,000 per year for the next  
            several years.

          3)According to the Senate Appropriations Committee, providing  
            CalHome loan forgiveness would accelerate up to $10 million in  
            revenue losses by ten years, beginning in 2015.  








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           COMMENTS  :  According to the author's office, the purpose of this  
          bill is to provide immediate tax relief to individuals and  
          businesses affected by the Earthquake.  Specifically, the author  
          states, "AB 2136 supplements a number of existing provisions in  
          state tax law that can be helpful both to local jurisdictions  
          and to individuals after a natural disaster."  

          Committee Staff Comments:

          The Earthquake:  At approximately 3:40 p.m. on April 4, 2010, a  
          magnitude 7.2 earthquake struck 16 miles south-southwest of  
          Guadalupe Victoria, Baja California, Mexico, approximately 40  
          miles south of the United States border.  The Earthquake was  
          widely felt in southern California, particularly in Imperial  
          County, south of the Salton Sea.  The Earthquake damaged or  
          destroyed numerous homes, businesses, schools, water treatment  
          and storage facilities, and other public facilities in Imperial  
          County.  While two deaths have been reported in Mexico, no  
          deaths have been reported in California.  On April 5, 2010,  
          Governor Arnold Schwarzenegger proclaimed a state of emergency  
          in Imperial County.               
           
           
          Analysis Prepared by  :  M. David Ruff / REV. & TAX. / (916)  
          319-2098 


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