Amended in Assembly April 21, 2014

Amended in Assembly September 12, 2013

Amended in Senate May 28, 2013

Amended in Senate May 24, 2013

Amended in Senate May 8, 2013

Amended in Senate April 25, 2013

Senate BillNo. 69


Introduced by Senators Roth and Emmerson

January 10, 2013


An act to amend Section 97.70 of the Revenue and Taxation Code, relating to local government finance.

LEGISLATIVE COUNSEL’S DIGEST

SB 69, as amended, Roth. Local government finance: property tax revenue allocation: vehicle license fee adjustments.

Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally provides that each jurisdiction shall be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined.

Existing property tax law also requires that, for purposes of determining property tax revenue allocations in each county for the 1992-93 and 1993-94 fiscal years, the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education.

Beginning with the 2004-05 fiscal year and for each fiscal year thereafter, existing law requires that each city, county, and city and county receive additional property tax revenues in the form of a vehicle license fee adjustment amount, as defined, from a Vehicle License Fee Property Tax Compensation Fund that exists in each county treasury. Existing law requires that these additional allocations be funded from ad valorem property tax revenues otherwise required to be allocated to educational entities.

This bill would modify these reduction and transfer provisions, for thebegin delete 2013-14end deletebegin insert 2014-15end insert fiscal year and for each fiscal year thereafter, by providing for a vehicle license fee adjustment amount calculated on the basis of changes in assessed valuation.begin delete This bill would also modify these reduction and transfer provisions, for the 2013-14 fiscal year and for each fiscal year thereafter, by providing for a vehicle license fee adjustment amount for certain cities incorporating after a specified date, as provided.end delete

By imposing additional duties upon local tax officials with respect to the allocation of ad valorem property tax revenues, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 97.70 of the end insertbegin insertRevenue and Taxation Codeend insert
2begin insert is amended to read:end insert

3

97.70.  

Notwithstanding any other law, for the 2004-05 fiscal
4year and for each fiscal year thereafter, all of the following apply:

P3    1(a) (1) (A) The auditor shall reduce the total amount of ad
2valorem property tax revenue that is otherwise required to be
3allocated to a county’s Educational Revenue Augmentation Fund
4by the countywide vehicle license fee adjustment amount.

5(B) If, for the fiscal year, after complying with Section 97.68
6there is not enough ad valorem property tax revenue that is
7otherwise required to be allocated to a county Educational Revenue
8Augmentation Fund for the auditor to complete the allocation
9reduction required by subparagraph (A), the auditor shall
10 additionally reduce the total amount of ad valorem property tax
11revenue that is otherwise required to be allocated to all school
12districts and community college districts in the county for that
13fiscal year by an amount equal to the difference between the
14countywide vehicle license fee adjustment amount and the amount
15of ad valorem property tax revenue that is otherwise required to
16be allocated to the county Educational Revenue Augmentation
17Fund for that fiscal year. This reduction for each school district
18and community college district in the county shall be the percentage
19share of the total reduction that is equal to the proportion that the
20total amount of ad valorem property tax revenue that is otherwise
21required to be allocated to the school district or community college
22district bears to the total amount of ad valorem property tax revenue
23that is otherwise required to be allocated to all school districts and
24community college districts in a county. For purposes of this
25subparagraph, “school districts” and “community college districts”
26do not include any districts that are excess tax school entities, as
27defined in Section 95.

28(2) The countywide vehicle license fee adjustment amount shall
29be allocated to the Vehicle License Fee Property Tax Compensation
30Fund that shall be established in the treasury of each county.

31(b) (1) The auditor shall allocate moneys in the Vehicle License
32Fee Property Tax Compensation Fund according to the following:

33(A) Each city in the county shall receive its vehicle license fee
34adjustment amount.

35(B) Each county and city and county shall receive its vehicle
36license fee adjustment amount.

37(2) The auditor shall allocate one-half of the amount specified
38in paragraph (1) on or before January 31 of each fiscal year, and
39the other one-half on or before May 31 of each fiscal year.

40(c) For purposes of this section, all of the following apply:

P4    1(1) “Vehicle license fee adjustment amount” for a particular
2city, county, or a city and county means, subject to an adjustment
3under paragraph (2) and Section 97.71, all of the following:

4(A) For the 2004-05 fiscal year, an amount equal to the
5difference between the following two amounts:

6(i) The estimated total amount of revenue that would have been
7deposited to the credit of the Motor Vehicle License Fee Account
8in the Transportation Tax Fund, including any amounts that would
9have been certified to the Controller by the auditor of the County
10of Ventura under subdivision (j) of Section 98.02, as that section
11read on January 1, 2004, for distribution under the law as it read
12on January 1, 2004, to the county, city and county, or city for the
132004-05 fiscal year if the fee otherwise due under the Vehicle
14License Fee Lawbegin delete (Pt.end deletebegin insert (Partend insert 5 (commencing with Section 10701)
15ofbegin delete Div.end deletebegin insert Divisionend insert 2) was 2 percent of the market value of a vehicle,
16as specified inbegin delete Sectionend deletebegin insert Sectionsend insert 10752 and 10752.1 as those
17sections read on January 1, 2004.

18(ii) The estimated total amount of revenue that is required to be
19distributed from the Motor Vehicle License Fee Account in the
20Transportation Tax Fund to the county, city and county, and each
21city in the county for the 2004-05 fiscal year under Section 11005,
22as that section read on the operative date of the act that amended
23this clause.

24(B) (i) Subject to an adjustment under clause (ii), for the
252005-06 fiscal year, the sum of the following two amounts:

26(I) The difference between the following two amounts:

begin delete

27(Ia)

end delete

28begin insert(ia)end insert The actual total amount of revenue that would have been
29deposited to the credit of the Motor Vehicle License Fee Account
30in the Transportation Tax Fund, including any amounts that would
31have been certified to the Controller by the auditor of the County
32of Ventura under subdivision (j) of Section 98.02, as that section
33read on January 1, 2004, for distribution under the law as it read
34on January 1, 2004, to the county, city and county, or city for the
352004-05 fiscal year if the fee otherwise due under the Vehicle
36License Fee Law (Part 5 (commencing with Section 10701) of
37Division 2) was 2 percent of the market value of a vehicle, as
38specified in Sections 10752 and 10752.1 as those sections read on
39January 1, 2004.

begin delete

40(Ib)

end delete

P5    1begin insert(ib)end insert The actual total amount of revenue that was distributed
2from the Motor Vehicle License Fee Account in the Transportation
3Tax Fund to the county, city and county, and each city in the county
4for the 2004-05 fiscal year under Section 11005, as that section
5read on the operative date of the act that amended this
6begin delete sub-subclauseend deletebegin insert subsubclauseend insert.

7(II) The product of the following two amounts:

begin delete

8(IIa)

end delete

9begin insert(ia)end insert The amount described in subclause (I).

begin delete

10(IIb)

end delete

11begin insert(ib)end insert The percentage change from the prior fiscal year to the
12current fiscal year in gross taxable assessed valuation within the
13jurisdiction of the entity, as reflected in the equalized assessment
14roll for those fiscal years. For the first fiscal year for which a
15change in a city’s jurisdictional boundaries first applies, the
16percentage change in gross taxable assessed valuation from the
17prior fiscal year to the current fiscal year shall be calculated solely
18on the basis of the city’s previous jurisdictional boundaries, without
19regard to the change in that city’s jurisdictional boundaries. For
20each following fiscal year, the percentage change in gross taxable
21assessed valuation from the prior fiscal year to the current fiscal
22year shall be calculated on the basis of the city’s current
23jurisdictional boundaries.

24(ii) The amount described in clause (i) shall be adjusted as
25follows:

26(I) If the amount described in subclause (I) of clause (i) for a
27particular city, county, or city and county is greater than the amount
28described in subparagraph (A) for that city, county, or city and
29county, the amount described in clause (i) shall be increased by
30an amount equal to this difference.

31(II) If the amount described in subclause (I) of clause (i) for a
32particular city, county, or city and county is less than the amount
33described in subparagraph (A) for that city, county, or city and
34county, the amount described in clause (i) shall be decreased by
35an amount equal to this difference.

36(C) For the 2006-07 fiscal yearbegin delete and for each fiscal year
37thereafter,end delete
begin insert end insertbegin insertto the 2013-14 fiscal year, inclusive,end insert the sum of the
38following two amounts:

P6    1(i) The vehicle license fee adjustment amount for the prior fiscal
2year, if Section 97.71 and clause (ii) of subparagraph (B) did not
3apply for that fiscal year, for that city, county, and city and county.

4(ii) The product of the following two amounts:

5(I) The amount described in clause (i).

6(II) The percentage change from the prior fiscal year to the
7current fiscal year in gross taxable assessed valuation within the
8jurisdiction of the entity, as reflected in the equalized assessment
9roll for those fiscal years. For the first fiscal year for which a
10change in a city’s jurisdictional boundaries first applies, the
11percentage change in gross taxable assessed valuation from the
12prior fiscal year to the current fiscal year shall be calculated solely
13on the basis of the city’s previous jurisdictional boundaries, without
14regard to the change in that city’s jurisdictional boundaries. For
15each following fiscal year, the percentage change in gross taxable
16assessed valuation from the prior fiscal year to the current fiscal
17year shall be calculated on the basis of the city’s current
18jurisdictional boundaries.

begin insert

19(D) For the 2014-15 fiscal year, the sum of the following two
20amounts:

end insert
begin insert

21(i) The amount described in clause (i) of subparagraph (B) if
22Section 97.71 and clause (ii) of subparagraph (B) did not apply
23for that fiscal year, for that city, county, and city and county.

end insert
begin insert

24(ii) The product of the following two amounts:

end insert
begin insert

25(I) The amount described in clause (i).

end insert
begin insert

26(II) The percentage change from the 2004-05 fiscal year to the
272014-15 fiscal year, inclusive, in gross taxable assessed valuation
28within the jurisdiction of the entity, as reflected in the equalized
29assessment roll for those fiscal years.

end insert
begin insert

30(E) For the 2015-16 fiscal year and each fiscal year thereafter,
31the sum of the following two amounts:

end insert
begin insert

32(i) The vehicle license fee adjustment amount for the prior fiscal
33year.

end insert
begin insert

34(ii) The product of the following two amounts:

end insert
begin insert

35(I) The amount described in clause (i).

end insert
begin insert

36(II) The percentage change from the immediately preceding
37fiscal year to the current fiscal year in gross taxable assessed
38valuation within the jurisdiction of the entity, as reflected in the
39equalized assessment roll for those fiscal years.

end insert

P7    1(2) begin deleteFor the 2013-14 fiscal year, the end deletebegin insertThe end insertvehicle license fee
2adjustment amount that is determined under subparagraph (C) of
3paragraph (1)begin insert for the 2013-14 fiscal year, subparagraph (D) of
4paragraph (1) for the 2014-15 fiscal year, and subparagraph (E)
5of paragraph (1) for the 2015-16 fiscal year,end insert
for the County of
6begin delete Orangeend deletebegin insert Orange,end insert shall be increased by fifty-three million dollars
7($53,000,000). For thebegin delete 2014-15end deletebegin insert 2016-17end insert fiscal year and each
8fiscal year thereafter, the calculation of the vehicle license fee
9adjustment amount for the County of Orange under subparagraph
10begin delete (C)end deletebegin insert (E)end insert of paragraph (1) shall be based on a prior fiscal year amount
11that reflects the full amount of this one-time increase of fifty-three
12million dollars ($53,000,000).

13(3) “Countywide vehicle license fee adjustment amount” means,
14for any fiscal year, the total sum of the amounts described in
15paragraphs (1) and (2) for a county or city and county, and each
16city in the county.

17(4) On or before June 30 of each fiscal year, the auditor shall
18report to the Controller the vehicle license fee adjustment amount
19for the county and each city in the county for that fiscal year.

20(d) For the 2005-06 fiscal year and each fiscal year thereafter,
21the amounts determined under subdivision (a) of Section 96.1, or
22any successor to that provision, shall not reflect, for a preceding
23fiscal year, any portion of any allocation required by this section.

24(e) For purposes of Section 15 of Article XI of the California
25Constitution, the allocations from a Vehicle License Fee Property
26Tax Compensation Fund constitute successor taxes that are
27otherwise required to be allocated to counties and cities, and as
28successor taxes, the obligation to make those transfers as required
29by this section shall not be extinguished nor disregarded in any
30manner that adversely affects the security of, or the ability of, a
31county or city to pay the principal and interest on any debts or
32obligations that were funded or secured by that city’s or county’s
33allocated share of motor vehicle license fee revenues.

34(f) This section shall not be construed to do any of the following:

35(1) Reduce any allocations of excess, additional, or remaining
36funds that would otherwise have been allocated to county
37superintendents of schools, cities, counties, and cities and counties
38pursuant to clause (i) of subparagraph (B) of paragraph (4) of
39subdivision (d) of Sections 97.2 and 97.3 or Article 4 (commencing
40with Section 98) had this section not been enacted. The allocations
P8    1required by this section shall be adjusted to comply with this
2paragraph.

3(2) Require an increased ad valorem property tax revenue
4allocation or increased tax increment allocation to a community
5redevelopment agency.

6(3) Alter the manner in which ad valorem property tax revenue
7growth from fiscal year to fiscal year is otherwise determined or
8allocated in a county.

9(4) Reduce ad valorem property tax revenue allocations required
10under Article 4 (commencing with Section 98).

11(g) Tax exchange or revenue sharing agreements, entered into
12prior to the operative date of this section, between local agencies
13or between local agencies and nonlocal agencies are deemed to be
14modified to account for the reduced vehicle license fee revenues
15resulting from the act that added this section. These agreements
16are modified in that these reduced revenues are, in kind and in lieu
17thereof, replaced with ad valorem property tax revenue from a
18Vehicle License Fee Property Tax Compensation Fund or an
19Educational Revenue Augmentation Fund.

20begin insert

begin insertSEC. end insertbegin insert2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.

end insert
begin delete
25

SECTION 1.  

Section 97.70 of the Revenue and Taxation Code
26 is amended to read:

27

97.70.  

Notwithstanding any other law, for the 2004-05 fiscal
28year and for each fiscal year thereafter, all of the following apply:

29(a) (1) (A) The auditor shall reduce the total amount of ad
30valorem property tax revenue that is otherwise required to be
31allocated to a county’s Educational Revenue Augmentation Fund
32by the countywide vehicle license fee adjustment amount.

33(B) If, for the fiscal year, after complying with Section 97.68
34there is not enough ad valorem property tax revenue that is
35otherwise required to be allocated to a county Educational Revenue
36Augmentation Fund for the auditor to complete the allocation
37reduction required by subparagraph (A), the auditor shall
38additionally reduce the total amount of ad valorem property tax
39revenue that is otherwise required to be allocated to all school
40 districts and community college districts in the county for that
P9    1fiscal year by an amount equal to the difference between the
2countywide vehicle license fee adjustment amount and the amount
3of ad valorem property tax revenue that is otherwise required to
4be allocated to the county Educational Revenue Augmentation
5Fund for that fiscal year. This reduction for each school district
6and community college district in the county shall be the percentage
7share of the total reduction that is equal to the proportion that the
8total amount of ad valorem property tax revenue that is otherwise
9required to be allocated to the school district or community college
10district bears to the total amount of ad valorem property tax revenue
11that is otherwise required to be allocated to all school districts and
12community college districts in a county. For purposes of this
13subparagraph, “school districts” and “community college districts”
14do not include any districts that are excess tax school entities, as
15defined in Section 95.

16(2) The countywide vehicle license fee adjustment amount shall
17be allocated to the Vehicle License Fee Property Tax Compensation
18Fund that shall be established in the treasury of each county.

19(b) (1) The auditor shall allocate moneys in the Vehicle License
20Fee Property Tax Compensation Fund according to the following:

21(A) Each city in the county shall receive its vehicle license fee
22adjustment amount.

23(B) Each county and city and county shall receive its vehicle
24license fee adjustment amount.

25(2) The auditor shall allocate one-half of the amount specified
26in paragraph (1) on or before January 31 of each fiscal year, and
27the other one-half on or before May 31 of each fiscal year.

28(c) For purposes of this section, all of the following apply:

29(1) “Vehicle license fee adjustment amount” for a particular
30city, county, or a city and county means, subject to an adjustment
31under paragraph (2) and Section 97.71, all of the following:

32(A) For the 2004-05 fiscal year, an amount equal to the
33difference between the following two amounts:

34(i) The estimated total amount of revenue that would have been
35deposited to the credit of the Motor Vehicle License Fee Account
36in the Transportation Tax Fund, including any amounts that would
37have been certified to the Controller by the auditor of the County
38of Ventura under subdivision (j) of Section 98.02, as that section
39read on January 1, 2004, for distribution under the law as it read
40on January 1, 2004, to the county, city and county, or city for the
P10   12004-05 fiscal year if the fee otherwise due under the Vehicle
2License Fee Law (Part 5 (commencing with Section 10701) of
3Division 2) was 2 percent of the market value of a vehicle, as
4specified in Sections 10752 and 10752.1 as those sections read on
5January 1, 2004.

6(ii) The estimated total amount of revenue that is required to be
7distributed from the Motor Vehicle License Fee Account in the
8Transportation Tax Fund to the county, city and county, and each
9city in the county for the 2004-05 fiscal year under Section 11005,
10as that section read on the operative date of the act that amended
11this clause.

12(B) (i) Subject to an adjustment under clause (ii), for the
132005-06 fiscal year, the sum of the following two amounts:

14(I) The difference between the following two amounts:

15(ia) The actual total amount of revenue that would have been
16deposited to the credit of the Motor Vehicle License Fee Account
17in the Transportation Tax Fund, including any amounts that would
18have been certified to the Controller by the auditor of the County
19of Ventura under subdivision (j) of Section 98.02, as that section
20read on January 1, 2004, for distribution under the law as it read
21on January 1, 2004, to the county, city and county, or city for the
222004-05 fiscal year if the fee otherwise due under the Vehicle
23License Fee Law (Part 5 (commencing with Section 10701) of
24Division 2) was 2 percent of the market value of a vehicle, as
25specified in Sections 10752 and 10752.1 as those sections read on
26 January 1, 2004.

27(ib) The actual total amount of revenue that was distributed
28from the Motor Vehicle License Fee Account in the Transportation
29Tax Fund to the county, city and county, and each city in the county
30for the 2004-05 fiscal year under Section 11005, as that section
31read on the operative date of the act that amended this
32subsubclause.

33(II) The product of the following two amounts:

34(ia) The amount described in subclause (I).

35(ib) The percentage change from the prior fiscal year to the
36current fiscal year in gross taxable assessed valuation within the
37jurisdiction of the entity, as reflected in the equalized assessment
38roll for those fiscal years. For the first fiscal year for which a
39change in a city’s jurisdictional boundaries first applies, the
40percentage change in gross taxable assessed valuation from the
P11   1prior fiscal year to the current fiscal year shall be calculated solely
2on the basis of the city’s previous jurisdictional boundaries, without
3regard to the change in that city’s jurisdictional boundaries. For
4each following fiscal year, the percentage change in gross taxable
5assessed valuation from the prior fiscal year to the current fiscal
6year shall be calculated on the basis of the city’s current
7jurisdictional boundaries.

8(ii) The amount described in clause (i) shall be adjusted as
9follows:

10(I) If the amount described in subclause (I) of clause (i) for a
11particular city, county, or city and county is greater than the amount
12described in subparagraph (A) for that city, county, or city and
13county, the amount described in clause (i) shall be increased by
14an amount equal to this difference.

15(II) If the amount described in subclause (I) of clause (i) for a
16particular city, county, or city and county is less than the amount
17described in subparagraph (A) for that city, county, or city and
18county, the amount described in clause (i) shall be decreased by
19an amount equal to this difference.

20(C) For the 2006-07 fiscal year to the 2012-13 fiscal year,
21inclusive, the sum of the following two amounts:

22(i) The vehicle license fee adjustment amount for the prior fiscal
23year, if Section 97.71 and clause (ii) of subparagraph (B) did not
24apply for that fiscal year, for that city, county, and city and county.

25(ii) The product of the following two amounts:

26(I) The amount described in clause (i).

27(II) The percentage change from the prior fiscal year to the
28current fiscal year in gross taxable assessed valuation within the
29jurisdiction of the entity, as reflected in the equalized assessment
30roll for those fiscal years. For the first fiscal year for which a
31change in a city’s jurisdictional boundaries first applies, the
32percentage change in gross taxable assessed valuation from the
33prior fiscal year to the current fiscal year shall be calculated solely
34on the basis of the city’s previous jurisdictional boundaries, without
35regard to the change in that city’s jurisdictional boundaries. For
36each following fiscal year, the percentage change in gross taxable
37assessed valuation from the prior fiscal year to the current fiscal
38year shall be calculated on the basis of the city’s current
39jurisdictional boundaries.

P12   1(D) For the 2013-14 fiscal year, the vehicle license fee
2adjustment amount shall be equal to the sum of the following two
3amounts:

4(i) The amount described in clause (i) of subparagraph (B) if
5Section 97.71 and clause (ii) of subparagraph (B) did not apply
6for that fiscal year, for that city, county, and city and county.

7(ii) The product of the following two amounts:

8(I) The amount described in clause (i).

9(II) The percentage change from the 2004-05 fiscal year to the
102013-14 fiscal year, inclusive, in gross taxable assessed valuation
11within the jurisdiction of the entity, as reflected in the equalized
12assessment roll for those fiscal years.

13(E) For the 2014-15 fiscal year and each fiscal year thereafter,
14the sum of the following two amounts:

15(i) The vehicle license fee adjustment amount for the prior fiscal
16year.

17(ii) The product of the following two amounts:

18(I) The amount described in clause (i).

19(II) The percentage change from the immediately preceding
20fiscal year to the current fiscal year in gross taxable assessed
21valuation within the jurisdiction of the entity, as reflected in the
22equalized assessment roll for those fiscal years.

23(2) Notwithstanding paragraph (1), “vehicle license fee
24adjustment amount,” for the 2013-14 fiscal year and each fiscal
25year thereafter for a city incorporating after January 1, 2004, means
26the following:

27(A) For the 2013-14 fiscal year, or the first year of incorporation
28of the city, whichever is later, the quotient derived from the
29following fraction:

30(i) The numerator is the product of the following two amounts:

31(I) The sum of the most recent vehicle license fee adjustment
32amounts determined for all cities in the county incorporated prior
33to 2005.

34(II) The population of the incorporating city.

35(ii) The denominator is the sum of the populations of all cities
36in the county.

37(B) For each fiscal year thereafter, the sum of the following two
38amounts:

39(i) The vehicle license fee adjustment amount for the prior fiscal
40year.

P13   1(ii) The product of the following two amounts:

2(I) The amount described in clause (i).

3(II) The percentage change from the prior fiscal year to the
4current fiscal year in gross taxable assessed valuation within the
5jurisdiction of the entity, as reflected in the equalized assessment
6roll for those fiscal years.

7(3) “Countywide vehicle license fee adjustment amount” means,
8for any fiscal year, the total sum of the amounts described in
9paragraphs (1) and (2), for a county or city and county, and each
10city in the county.

11(4) On or before June 30 of each fiscal year, the auditor shall
12report to the Controller the vehicle license fee adjustment amount
13for the county and each city in the county for that fiscal year.

14(d) For the 2005-06 fiscal year and each fiscal year thereafter,
15the amounts determined under subdivision (a) of Section 96.1, or
16any successor to that provision, shall not reflect, for a preceding
17fiscal year, any portion of any allocation required by this section.

18(e) For purposes of Section 15 of Article XI of the California
19Constitution, the allocations from a Vehicle License Fee Property
20Tax Compensation Fund constitute successor taxes that are
21otherwise required to be allocated to counties and cities, and as
22successor taxes, the obligation to make those transfers as required
23by this section shall not be extinguished nor disregarded in any
24manner that adversely affects the security of, or the ability of, a
25county or city to pay the principal and interest on any debts or
26obligations that were funded or secured by that city’s or county’s
27allocated share of motor vehicle license fee revenues.

28(f) This section shall not be construed to do any of the following:

29(1) Reduce any allocations of excess, additional, or remaining
30funds that would otherwise have been allocated to county
31superintendents of schools, cities, counties, and cities and counties
32pursuant to clause (i) of subparagraph (B) of paragraph (4) of
33subdivision (d) of Sections 97.2 and 97.3 or Article 4 (commencing
34with Section 98) had this section not been enacted. The allocations
35required by this section shall be adjusted to comply with this
36paragraph.

37(2) Require an increased ad valorem property tax revenue
38allocation or increased tax increment allocation to a community
39redevelopment agency.

P14   1(3) Alter the manner in which ad valorem property tax revenue
2growth from fiscal year to fiscal year is otherwise determined or
3allocated in a county.

4(4) Reduce ad valorem property tax revenue allocations required
5under Article 4 (commencing with Section 98).

6(g) Tax exchange or revenue sharing agreements, entered into
7prior to the operative date of this section, between local agencies
8or between local agencies and nonlocal agencies are deemed to be
9 modified to account for the reduced vehicle license fee revenues
10resulting from the act that added this section. These agreements
11are modified in that these reduced revenues are, in kind and in lieu
12thereof, replaced with ad valorem property tax revenue from a
13Vehicle License Fee Property Tax Compensation Fund or an
14Educational Revenue Augmentation Fund.

15

SEC. 2.  

If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.

end delete


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