BILL NUMBER: AB 1322	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2013

INTRODUCED BY   Assembly Member Patterson
   (  Coauthor:   Assembly Member 
 Levine   Coauthors:   Assembly Members
  Levine   and Wilk  )
    (   Coauthor:   Senator   Fuller
  ) 

                        FEBRUARY 22, 2013

   An act to amend Section 16213 of, and to repeal and add Section
16180 of, the Government Code, and to amend and repeal Section 20623
of the Revenue and Taxation Code, relating to state government, and
making an appropriation  therefor, to take effect
immediately, bill related to the budget   therefor 
.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1322, as amended, Patterson. State Controller: property tax
postponement.
   The Senior Citizens and Disabled Citizens Property Tax
Postponement Law, until February 20, 2009, authorized a claimant, as
defined, to file a claim with the Controller to postpone the payment
of ad valorem property taxes, where household income, as defined, did
not exceed specified amounts.  Existing   That
 law authorized the Controller, upon approval of the claim, to
either make payment directly to specified entities, or to issue the
claimant a certificate of eligibility that constituted a written
promise of the state to pay the amount specified on the certificate,
as provided.  Existing   That  law required
these payments to be made out of specified funds appropriated to the
Controller, as specified, and also required  certain 
repaid property tax postponement payments to be paid into an impound
account and transferred, as specified, to the General Fund.
   Existing law, on and after February 20, 2009, prohibits a person
from filing a claim for postponement, and prohibits the Controller
from accepting applications for postponement, under the Senior
Citizens and Disabled Citizens Property Tax Postponement Law.
   This bill would repeal the prohibition against a person filing a
claim for postponement and the Controller from accepting applications
for postponement under the program as of July 1, 2014.
   This bill would create in the State Treasury a Senior Citizens and
Disabled Citizens Property Tax Postponement Fund. The bill would
require that repaid property tax postponement payments be transferred
from the impound account to, or be directly deposited into, the
newly created fund. The bill would continuously appropriate these
funds to the Controller for purposes of administering the property
tax postponement program, as specified. 
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.

   Vote:  majority   2/3  . Appropriation:
yes. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16180 of the Government Code is repealed.
  SEC. 2.  Section 16180 is added to the Government Code, to read:
   16180.  (a) There is hereby created in the State Treasury a Senior
Citizens and Disabled Citizens Property Tax Postponement Fund.
Subject to subdivision (b) and notwithstanding Section 13340, the
fund is continuously appropriated to the Controller, commencing
 July 1, 2013   January 1, 2014  , for
purposes of administering this chapter, including, but not limited
to, necessary administrative costs and disbursements relating to the
postponement of property taxes pursuant to the Senior Citizens and
Disabled Citizens Property Tax Postponement Law (Chapter 2
(commencing with Section 20581) of Part 10.5 of Division 2 of the
Revenue and Taxation Code).
   (b) The Controller shall transfer any moneys in the fund in excess
of ten million dollars ($10,000,000) to the General Fund.
   (c) Any loan repayments relating to the Senior Citizens and
Disabled Citizens Property Tax Postponement Law that are not
deposited into an impound account, as described in Section 16210 or
16211.5, shall be deposited into the Senior Citizens and Disabled
Citizens Property Tax Postponement Fund.
  SEC. 3.  Section 16213 of the Government Code is amended to read:
   16213.  At the end of the six-month period specified in Section
16210 or the six-month period specified in Section 16211.5, all funds
remaining in an impound account shall be transferred to the Senior
Citizens and Disabled Citizens Property Tax Postponement Fund,
established pursuant to Section 16180.
  SEC. 4.  Section 20623 of the Revenue and Taxation Code is amended
to read:
   20623.  (a) No person shall file a claim for postponement under
this chapter on or after the effective date of the act adding this
section, and the Controller shall not accept applications for
postponement under this chapter on or after that date.
   (b) This section shall become inoperative on July 1, 2014, and as
of January 1, 2015, is repealed, unless a later enacted statute that
is enacted before January 1, 2015, deletes or extends the dates on
which it becomes inoperative and is repealed. 
  SEC. 5.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.