SB 446, as amended, Cannella. Local government finance: property tax revenue allocations: County of San Benito.
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 requires that each jurisdiction 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 law provides for the computation, on the basis of these allocations, of apportionment factors that are applied to actual property tax revenues in each county in order to determine actual amounts of property tax revenue received by each recipient jurisdiction.
This bill would deem to be correct those property tax revenue apportionment factors that were
applied in allocating property tax revenues in the County of San Benito for each fiscal year through thebegin delete 2001-02end deletebegin insert 2000end insertbegin insert-01end insert fiscal year. This bill would,begin delete however,end deletebegin insert notwithstanding specified audit requirements, require the county auditor to make the allocation adjustments identified in the State Controller’s audit of the County of San Benito for the 2001end insertbegin insert-02 fiscal year. The bill would additionallyend insert require property tax
apportionment factors applied in allocating property tax revenue in the County of San Benito for the 2002-03 fiscal year and each fiscal year thereafter to be determined on the basis of apportionment factors for prior fiscal years that have been corrected or adjusted as would be required if those prior apportionment factors were not deemed correct by this bill.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Benito.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 96.24 is added to the Revenue and
2Taxation Code, to read:
Notwithstanding any otherbegin delete provision ofend delete law, the property
4tax apportionment factors applied in allocating property tax
5revenues in the County of San Benito for each fiscal year through
6thebegin delete 2001-02end deletebegin insert 2000end insertbegin insert-01end insert fiscal year, inclusive, are deemed to be
7correct.begin delete However, forend deletebegin insert
Notwithstanding the audit time limits
8specified in paragraph (3) of subdivision (c) of Section 96.1, the
9county auditor shall make the allocation adjustments identified in
10the State Controller’s audit of the County of San Benito for the
112001end insertbegin insert-02 fiscal year pursuant to the other provisions of paragraph
12(3) of subdivision (c) of Section 96.1. Forend insert the 2002-03 fiscal year
13and each fiscal year thereafter, property tax apportionment factors
14applied in allocating property tax revenues in the County of San
15Benito shall be determined on the basis of property tax
16apportionment factors for prior fiscal years that have been fully
17corrected and adjusted, pursuant to the review and recommendation
18of the Controller, as would be required in the absence of the
19precedingbegin delete sentenceend deletebegin insert
sentencesend insert.
The Legislature finds and declares that a special law
21is necessary and that a general law cannot be made applicable
22within the meaning of Section 16 of Article IV of the California
23Constitution because of the uniquely severe fiscal difficulties being
24suffered by the County of San Benito.
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