BILL NUMBER: SB 339 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 11, 2014
AMENDED IN ASSEMBLY JUNE 24, 2013
AMENDED IN ASSEMBLY JUNE 12, 2013
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Senator Cannella
(Principal coauthor: Assembly Member Gray)
FEBRUARY 20, 2013
An act to add Section 25536.3 to the Government Code,
relating to local government. amend Section 17144.5 of
the Revenue and Taxation Code, relating to taxation, making an
appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 339, as amended, Cannella. Counties: disposition of
real property. Taxation: cancellation of indebtedness:
mortgage debt forgiveness.
The Personal Income Tax Law provides for modified conformity to
specified provisions of federal income tax law relating to the
exclusion of the discharge of qualified principal residence
indebtedness, as defined, from an individual's income if that debt is
discharged after January 1, 2007, and before January 1, 2013, as
provided. The federal American Taxpayer Relief Act of 2012 extended
the operation of those provisions to qualified principal residence
indebtedness that is discharged before January 1, 2014.
This bill would conform to the federal extension and make
legislative findings and declarations regarding the public purpose
served by the bill. The bill would also make a continuous
appropriation from the General Fund to the Franchise Tax Board in
those amounts necessary to make payments to taxpayers who have
included in income and paid tax on qualified principal residence
indebtedness that was discharged on and after January 1, 2013, and
before January 1, 2014.
Existing law authorizes the board of supervisors of a county to
sell or lease any real property belonging to the county, as
specified, provided that the board complies with certain procedural
requirements. Existing law authorizes the board to enter into a
lease, concession, or managerial contract involving county owned,
leased, or managed property for specified purposes without otherwise
complying with the existing procedural requirements.
This bill would additionally authorize a county to sell or enter
into a lease, concession, or managerial contract involving a
specified area of county property that the county acquired from the
federal government due to the closure of a former military base,
without complying with the existing procedural requirements
referenced above, as specified.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17144.5 of the
Revenue and Taxation Code is amended to read:
17144.5. (a) Section 108(a)(1)(E) of the Internal Revenue Code,
is modified to provide that the amount excluded from gross income
shall not exceed $500,000 ($250,000 in the case of a married
individual filing a separate return).
(b) Section 108(h)(2) of the Internal Revenue Code, is modified by
substituting the phrase "(within the meaning of section 163(h)(3)
(B), applied by substituting '$800,000 ($400,000' for '$1,000,000
($500,000' in clause (ii) thereof)" for the phrase "(within the
meaning of section 163(h)(3)(B), applied by substituting '$2,000,000
($1,000,000' for '$1,000,000 ($500,000' in clause (ii) thereof)"
contained therein.
(c) This section shall apply to discharges of indebtedness
occurring on or after January 1, 2007, and, notwithstanding any other
law to the contrary, no penalties or interest shall be due with
respect to the discharge of qualified principal residence
indebtedness during the 2007 or 2009 taxable year regardless of
whether or not the taxpayer reports the discharge on his or her
return for the 2007 or 2009 taxable year.
(d) The amendments made by Section 202 of the American Taxpayer
Relief Act of 2012 (Public Law 112-240) to Section 108 of the
Internal Revenue Code shall apply.
SEC. 2. The amendments made by this act that
conform to the amendments made by Section 202 of the American
Taxpayer Relief Act of 2012 (Public Law 112-240) to Section 108 of
the Internal Revenue Code, apply to qualified principal residence
indebtedness that is discharged on and after January 1, 2013, and
before January 1, 2014. The Legislature declares that the amendments
made by this act and the retroactive application contained in the
preceding sentence are necessary for the public purpose of conforming
state law to the amendments to the Internal Revenue Code as made by
the American Taxpayer Relief Act of 2012 (Public
Law 112-240) and thereby prevent undue hardship to taxpayers
whose qualified principal residence indebtedness was discharged on
and after January 1, 2013, and before January 1, 2014.
SEC. 3. Notwithstanding Section 13340 of the
Government Code, and without regard to fiscal year, there is hereby
continuously appropriated from the General Fund to the Franchise Tax
Board those amounts necessary to make the payments required by this
act to taxpayers who have included amounts in gross income by reason
of the discharge of principal residence indebtedness that was
discharged on and after January 1, 2013, and before January 1, 2014.
SECTION 1. Section 25536.3 is added to the
Government Code, to read:
25536.3. (a) In addition to the authority provided for in Section
25536, and in accordance with subdivision (b), a county, by a
four-fifths vote of the board of supervisors, may sell, or enter into
a lease, concession, or managerial contract involving a specified
area of county property that the county has acquired from the federal
government due to the closure of a military base, without otherwise
complying with this article.
(b) The board shall take an action specified in subdivision (a)
only if the following conditions are met, or if the board makes a
finding in a noticed public hearing that the following conditions
were met at the time the property was acquired from the federal
government:
(1) Reuse of the property is governed solely by the county.
(2) The county has prepared and adopted a general or specific plan
pursuant to Article 5 (commencing with Section 65300) of Chapter 3
of Division 1 of Title 7 and has adopted a zoning ordinance for the
area, and the proposed use is consistent with that general or
specific plan and the zoning ordinance.
(3) The airport land use commission has prepared and adopted a
comprehensive airport land use plan for the area pursuant to Article
3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of
Division 9 of the Public Utilities Code, and the proposed use is
consistent with that plan.
(4) The county has complied with Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
Section 65402 with regard to the property, as provided in Section
25350.1.
(5) The county has given notice pursuant to Section 6062a and
posted the notice in the office of the county clerk. The notice shall
specify the date that the board determines that any of the affected
property shall be subject to this section, and shall include all of
the following:
(A) A description of the property proposed to be sold, leased, or
subject to a concession or managerial contract pursuant to this
section.
(B) The proposed terms of the sale, lease, concession, or
managerial contract.
(C) The location where offers will be accepted and executed.
(D) The telephone number and address of the county officer
responsible for executing the sale, lease, concession, or managerial
contract.