Amended in Assembly June 18, 2014

Amended in Senate January 27, 2014

Amended in Senate January 21, 2014

Amended in Senate January 6, 2014

Amended in Senate April 2, 2013

Senate BillNo. 663


Introduced by Senator Lara

February 22, 2013


An act to amend Sectionsbegin delete 1048.1, 1050, and 13515.30 of, and to add Section 13519.06 to, the Penal Code, relating to crime.end deletebegin insert 33670, 34172, and 34183 of the Health and Safety Code, and to add Section 95.5 to the Revenue and Taxation Code, relating to local government.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 663, as amended, Lara. begin deleteCrimes: persons with developmental and intellectual disabilities. end deletebegin insertLocal government: redevelopment: revenues from property tax override rates.end insert

begin insert

Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies. Existing law requires revenues equivalent to those that would have been allocated to each redevelopment agency, had the agency not been dissolved, to be allocated to the Redevelopment Property Tax Trust Fund of each successor agency for making payments on the principal of and interest on loans, and moneys advanced to or indebtedness incurred by the dissolved redevelopment agencies. Existing law requires, from February 1, 2012, to July 1, 2012, inclusive, and for each fiscal year thereafter, the county auditor-controller, after deducting administrative costs, to allocate property tax revenues in each Redevelopment Property Tax Trust Fund in a specified manner.

end insert
begin insert

This bill, for the 2014-15 fiscal year and each fiscal year thereafter, would prohibit any revenues derived from the imposition of a property tax rate, approved by the voters of a city, county, or city and county to make payments in support of pension programs and levied in addition to the general property tax rate, from being allocated to a Redevelopment Property Tax Trust Fund and would, instead, require these revenues be allocated to, and when collected to be paid into, the fund of the city, county, or city and county whose voters approved the tax unless, following a written request with each Recognized Obligation Payment Schedule cycle from the successor agency to the city, county, or city and county whose voters approved the tax, the city, county, or city and county authorizes the use of the revenues by the successor agency to pay any enforceable obligation, as specified. The bill would require any revenues derived from the imposition of a property tax rate as so described that have been pledged as security for the payment of any indebtedness obligation to be allocated to the successor agency to pay that indebtedness obligation, as specified. The bill would require all allocations of revenues derived from the imposition of a property tax rate as so described made by any county auditor-controller prior to July 1, 2014, to be deemed correct, and would prohibit any city, county, city and county, county auditor-controller, successor agency, or affected taxing entity from being subject to any claim, as specified.

end insert
begin insert

By adding to the duties of local government officials, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin delete

(1) Existing law requires that, in scheduling a trial date at an arraignment in superior court involving any of specified offenses, including sexual assault, reasonable efforts be made to avoid setting that trial, when that case is assigned to a particular prosecuting attorney, on the same day that another case is set for trial involving the same prosecuting attorney. Existing law also requires that continuances be granted only upon a showing of good cause and defines good cause to include specified cases, including cases of sexual abuse, sexual assault, and domestic violence.

end delete
begin delete

This bill would make those provisions applicable to a case involving a crime against a person with a developmental disability.

end delete
begin delete

(2) Existing law directs the Commission on Peace Officer Standards and Training to establish minimum standards relating to the training of law enforcement officers and establishes standards that are specifically applicable in specific types of cases, including domestic violence and the handling of persons with developmental disabilities or mental illness. Existing law also requires the commission to establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center.

end delete
begin delete

The bill would require the Commission on Peace Officer Standards and Training, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and make available on DVD a training course regarding the investigation of crimes against or involving individuals with developmental disabilities, intellectual disabilities, cognitive impairments, and communication impairments, as specified. The bill would also require the continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center to be integrated and coordinated with the training course developed pursuant to the bill.

end delete
begin delete

The bill would also express the intent of the Legislature in enacting the provision developing the new course to encourage the establishment of crime investigation units in law enforcement agencies throughout the state specializing in investigating crimes against or involving individuals with developmental disabilities, intellectual disabilities, cognitive impairments, and communication impairments, including, but not limited to, investigating crimes involving the sexual exploitation and sexual abuse of developmentally disabled children and adults.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares all of the
2following:

end insert
begin insert

3(1) The California Constitution limits property-based tax levies,
4with exceptions to these limits only when a local jurisdiction
5obtains the approval of its voting electorate to use additional
6property-based tax levies for specific purposes approved by the
7voting electorate, in accordance with applicable constitutional
8and statutory provisions.

end insert
begin insert

9(2) With the enactment of Chapter 5 of the 2011-12 First
10 Extraordinary Session (Assembly Bill 26), the Legislature intended
11that, upon dissolution of redevelopment agencies in the State of
12California, property taxes that would have been allocated to
13redevelopment agencies are no longer deemed tax increment.
14Instead, those taxes are deemed property tax revenues and are to
15be allocated first to successor agencies to make payments on the
16indebtedness incurred by the dissolved redevelopment agencies,
17with remaining balances allocated in accordance with applicable
18constitutional and statutory provisions.

end insert
begin insert

19(3) It is the intent of the Legislature in enacting this act to do
20all of the following:

end insert
begin insert

21(A) If a redevelopment agency had previously pledged revenues
22derived from the imposition of a property tax rate, approved by
23the voters of a city, county, or city and county to make payments
24in support of pension programs and levied in addition to the
25 property tax rate limited by subdivision (a) of Section 1 of Article
26XIII A of the California Constitution, to pay a portion of the debt
27service due on indebtedness incurred by the former redevelopment
28agency on an approved recognized obligation payment schedule,
29then the successor agency shall continue to pledge those revenues,
30in a commensurate rate going forward. For example, if revenues
31derived from a pension tax rate approved by the voters of a city,
32county, or city and county were pledged to pay up to 25 percent
33of the annual debt service for the indebtedness approved in a
34recognized obligation payment schedule, the successor agency
35shall continue to pay up to 25 percent of the annual debt service
36on the indebtedness until maturity. Any and all excess pledged
37revenues derived from the pension property tax rate that are not
38necessary to pay the debt service on the indebtedness shall be
P5    1allocated and paid to the city, county, or city and county whose
2voters approved the pension property tax rate.

end insert
begin insert

3(B) Ensure that the use of revenues derived from the imposition
4of a property tax rate approved by the voters of a city, county, or
5city and county, to make payments in support of pension programs
6and levied in addition to the property tax rate limited by
7subdivision (a) of Section 1 of Article XIII A of the California
8Constitution, is consistent with the use approved by the voters of
9a city, county, or city and county, once revenues from such property
10tax rates are not needed to pay approved indebtedness of a former
11redevelopment agency.

end insert
begin insert

12(C) Implement the allocation and distribution of voter-approved,
13property-based tax revenues for pension programs under the
14redevelopment dissolution process in a manner that would have
15been consistent with the allocation and distribution of those
16revenues had redevelopment agencies not been dissolved, in
17accordance with applicable constitutional provisions.

end insert
begin insert

18(4) Further, it is the intent of the Legislature that this act not
19affect any property tax allocations that occurred prior to July 1,
202014.

end insert
21begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 33670 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
22amended to read:end insert

23

33670.  

Any redevelopment plan may contain a provision that
24taxes, if any, levied upon taxable property in a redevelopment
25project each year by or for the benefit of the State of California,
26any city, county, city and county, district, or other public
27corporation (hereinafter sometimes called “taxing agencies”) after
28the effective date of the ordinance approving the redevelopment
29plan, shall be divided as follows:

30(a)  That portion of the taxes which would be produced by the
31rate upon which the tax is levied each year by or for each of the
32taxing agencies upon the total sum of the assessed value of the
33taxable property in the redevelopment project as shown upon the
34assessment roll used in connection with the taxation of that property
35by the taxing agency, last equalized prior to the effective date of
36the ordinance, shall be allocated to and when collected shall be
37paid to the respective taxing agencies as taxes by or for the taxing
38agencies on all other property are paid (for the purpose of allocating
39taxes levied by or for any taxing agency or agencies which did not
40include the territory in a redevelopment project on the effective
P6    1date of the ordinance but to which that territory has been annexed
2or otherwise included after that effective date, the assessment roll
3of the county last equalized on the effective date of the ordinance
4shall be used in determining the assessed valuation of the taxable
5property in the project on the effectivebegin delete date); andend deletebegin insert date).end insert

6(b)  Except as provided in subdivision (e) or in Section
733492.15, that portion of the levied taxes each year in excess of
8that amount shall be allocated to and when collected shall be paid
9into a special fund of the redevelopment agency to pay the principal
10of and interest on loans, moneys advanced to, or indebtedness
11(whether funded, refunded, assumed, or otherwise) incurred by
12the redevelopment agency to finance or refinance, in whole or in
13part, the redevelopment project. Unless and until the total assessed
14valuation of the taxable property in a redevelopment project
15exceeds the total assessed value of the taxable property in that
16project as shown by the last equalized assessment roll referred to
17in subdivision (a), all of the taxes levied and collected upon the
18taxable property in the redevelopment project shall be paid to the
19respective taxing agencies. When the loans, advances, and
20indebtedness, if any, and interest thereon, have been paid, all
21moneys thereafter received from taxes upon the taxable property
22in the redevelopment project shall be paid to the respective taxing
23agencies as taxes on all other property are paid.

24(c)  In any redevelopment project in which taxes have been
25divided pursuant to this section prior to 1968, located within any
26county with total assessed valuation subject to general property
27taxes for the 1967-68 fiscal year between two billion dollars
28($2,000,000,000) and two billion one hundred million dollars
29($2,100,000,000), if the total assessed valuation of taxable property
30within the redevelopment project for the 1967-68 fiscal year was
31reduced, the total sum of the assessed value of taxable property
32used as the basis for apportionment of taxes under subdivision (a)
33shall be reduced by 10 percent for the 1968-69 fiscal year and
34fiscal years thereafter.

35(d)  For the purposes of this section, taxes shall not include taxes
36from the supplemental assessment roll levied pursuant to Chapter
373.5 (commencing with Section 75) of Part 0.5 of Division 1 of the
38Revenue and Taxation Code for the 1983-84 fiscal year.

39(e)  That portion of the taxes in excess of the amount identified
40in subdivision (a) which are attributable to a tax rate levied by a
P7    1taxing agency for the purpose of producing revenues in an amount
2sufficient to make annual repayments of the principal of, and the
3interest on, any bonded indebtedness for the acquisition or
4improvement of real property shall be allocated to, and when
5collected shall be paid into, the fund of that taxing agency. This
6subdivision shall only apply to taxes levied to repay bonded
7indebtedness approved by the voters of the taxing agency on or
8after January 1, 1989.

begin insert

9(f) (1) That portion of the taxes in excess of the amount
10identified in subdivision (a) which are attributable to revenues
11derived from the imposition of a property tax rate, approved by
12the voters of a city, county, or city and county to make payments
13in support of pension programs and levied in addition to the
14property tax rate limited by subdivision (a) of Section 1 of Article
15XIII A of the California Constitution, shall not be allocated to the
16Redevelopment Property Tax Trust Fund established pursuant to
17subdivision (b) of Section 34170.5 but shall be allocated to, and
18when collected shall be paid into, the fund of the city, county, or
19city and county whose voters approved the tax unless, following
20a written request with each Recognized Obligation Payment
21Schedule cycle from the successor agency, as defined in subdivision
22(j) of Section 34171, to the city, county, or city and county whose
23voters approved the tax, the city, county, or city and county
24authorizes the use of the revenues from the fund of the city, county,
25or city and county by the successor agency to pay any enforceable
26obligation, as defined in subdivision (d) of Section 34171, on an
27approved Recognized Obligation Payment Schedule pursuant to
28subdivisions (l) and (m) of Section 34177 and subdivision (h) of
29Section 34179.

end insert
begin insert

30(2) Subject to the approval of the city, county, or city and county
31as provided for in paragraph (1), the amounts necessary to pay
32approved enforceable obligations shall be allocated to the
33successor agency pursuant to paragraph (2) of subdivision (a) of
34Section 34183, from revenues derived from the imposition of a
35property tax rate, approved by the voters of a city, county, or city
36and county to make payments in support of pension programs and
37levied in addition to the property tax rate limited by subdivision
38(a) of Section 1 of Article XIII A of the California Constitution, but
39only after all other moneys deposited in the successor agency’s
P8    1Redevelopment Property Tax Trust Fund established pursuant to
2subdivision (b) of Section 34170.5 have been exhausted.

end insert
begin insert

3(3) Any revenues derived from the imposition of a property tax
4rate, approved by the voters of a city, county, or city and county
5to make payments in support of pension programs, known as a
6pension tax rate, and levied in addition to the property tax rate
7limited by subdivision (a) of Section 1 of Article XIII A of the
8California Constitution, that have been pledged as security for the
9payment of any indebtedness obligation, as defined in subdivision
10(e) of Section 34171, shall be allocated to the successor agency,
11after all other moneys deposited in the successor agency’s
12Redevelopment Property Tax Trust Fund established pursuant to
13subdivision (b) of Section 34170.5 have been exhausted, in the
14amount necessary to pay that indebtedness obligation for an
15applicable Recognized Obligation Payment Schedule cycle, until
16such time as that indebtedness obligation has been completely
17paid off. Any and all excess pledged revenues derived from the
18pension property tax rate that are not necessary to pay the debt
19service on the indebtedness shall be allocated and paid to the city,
20county, or city and county whose voters approved the pension
21property tax rate.

end insert
22begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 34172 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
23amended to read:end insert

24

34172.  

(a) (1) All redevelopment agencies and redevelopment
25agency components of community development agencies created
26under Part 1 (commencing with Section 33000), Part 1.5
27(commencing with Section 34000), Part 1.6 (commencing with
28Section 34050), and Part 1.7 (commencing with Section 34100)
29that were in existence on the effective date of this part are hereby
30dissolved and shall no longer exist as a public body, corporate or
31politic. Nothing in this part dissolves or otherwise affects the
32authority of a community redevelopment commission, other than
33in its authority to act as a redevelopment agency, in its capacity
34as a housing authority or for any other community development
35purpose of the jurisdiction in which it operates. For those other
36nonredevelopment purposes, the community development
37commission derives its authority solely from federal or local laws,
38or from state laws other than the Community Redevelopment Law
39(Part 1 (commencing with Section 33000)).

P9    1(2) A community in which an agency has been dissolved under
2this section may not create a new agency pursuant to Part 1
3(commencing with Section 33000), Part 1.5 (commencing with
4Section 34000), Part 1.6 (commencing with Section 34050), or
5Part 1.7 (commencing with Section 34100). However, a community
6in which the agency has been dissolved and the successor entity
7has paid off all of the former agency’s enforceable obligations
8may create a new agency pursuant to Part 1 (commencing with
9Section 33000), Part 1.5 (commencing with Section 34000), Part
101.6 (commencing with Section 34050), or Part 1.7 (commencing
11with Section 34100), subject to the tax increment provisions
12contained in Chapter 3.5 (commencing with Section 34194.5) of
13Part 1.9 (commencing with Section 34192).

14(b) All authority to transact business or exercise powers
15previously granted under the Community Redevelopment Law
16(Part 1 (commencing with Sectionbegin delete 33000)end deletebegin insert 33000))end insert is hereby
17withdrawn from the former redevelopment agencies.

18(c) Solely for purposes of Section 16 of Article XVI of the
19California Constitution, the Redevelopment Property Tax Trust
20Fund shall be deemed to be a special fund of the dissolved
21redevelopment agency to pay the principal of and interest on loans,
22moneys advanced to, or indebtedness, whether funded, refunded,
23assumed, or otherwise incurred by the redevelopment agency to
24finance or refinance, in whole or in part, the redevelopment projects
25of each redevelopment agency dissolved pursuant to this part.

26(d) begin deleteRevenues end deletebegin insertExcept as provided in subdivision (c) of Section
2734183, revenues end insert
equivalent to those that would have been allocated
28pursuant to subdivision (b) of Section 16 of Article XVI of the
29California Constitution shall be allocated to the Redevelopment
30Property Tax Trust Fund of each successor agency for making
31payments on the principal of and interest on loans, and moneys
32advanced to or indebtedness incurred by the dissolved
33redevelopment agencies. Amounts in excess of those necessary to
34pay obligations of the former redevelopment agency shall be
35deemed to be property tax revenues within the meaning of
36subdivision (a) of Section 1 of Article XIII A of the California
37 Constitution.

38begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 34183 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
39amended to read:end insert

P10   1

34183.  

(a) Notwithstanding any other law, from February 1,
22012, to July 1, 2012, and for each fiscal year thereafter, the county
3auditor-controller shall, after deducting administrative costs
4allowed under Section 34182 and Section 95.3 of the Revenue and
5Taxation Codebegin insert and revenues allocated pursuant to subdivision
6(c)end insert
, allocate moneys in each Redevelopment Property Tax Trust
7Fund as follows:

8(1) Subject to any prior deductions required by subdivision (b),
9first, the county auditor-controller shall remit from the
10Redevelopment Property Tax Trust Fund to each local agency and
11school entity an amount of property tax revenues in an amount
12equal to that which would have been received under Section 33401,
1333492.140, 33607, 33607.5, 33607.7, or 33676, as those sections
14read on January 1, 2011, or pursuant to any passthrough agreement
15between a redevelopment agency and a taxing entity that was
16entered into prior to January 1, 1994, that would be in force during
17that fiscal year, had the redevelopment agency existed at that time.
18The amount of the payments made pursuant to this paragraph shall
19be calculated solely on the basis of passthrough payment
20obligations, existing prior to the effective date of this part and
21continuing as obligations of successor entities, shall occur no later
22than May 16, 2012, and no later than June 1, 2012, and each
23January 2 and June 1 thereafter. Notwithstanding subdivision (e)
24of Section 33670, that portion of the taxes in excess of the amount
25identified in subdivision (a) of Section 33670, which are
26attributable to a tax rate levied by a taxing entity for the purpose
27of producing revenues in an amount sufficient to make annual
28repayments of the principal of, and the interest on, any bonded
29indebtedness for the acquisition or improvement of real property
30shall be allocated to, and when collected shall be paid into, the
31fund of that taxing entity. The amount of passthrough payments
32computed pursuant to this section, including any passthrough
33agreements, shall be computed as though the requirement to set
34aside funds for the Low and Moderate Income Housing Fund was
35still in effect.

36(2) Second, on June 1, 2012, and each January 2 and June 1
37thereafter, to each successor agency for payments listed in its
38Recognized Obligation Payment Schedule for the six-month fiscal
39period beginning January 1, 2012, and July 1, 2012, and each
40January 2 and June 1 thereafter, in the following order of priority:

P11   1(A) Debt service payments scheduled to be made for tax
2allocation bonds.

3(B) Payments scheduled to be made on revenue bonds, but only
4to the extent the revenues pledged for them are insufficient to make
5the payments and only if the agency’s tax increment revenues were
6also pledged for the repayment of the bonds.

7(C) Payments scheduled for other debts and obligations listed
8in the Recognized Obligation Payment Schedule that are required
9to be paid from former tax increment revenue.

10(3) Third, on June 1, 2012, and each January 2 and June 1
11thereafter, to each successor agency for the administrative cost
12allowance, as defined in Section 34171, for administrative costs
13set forth in an approved administrative budget for those payments
14required to be paid from former tax increment revenues.

15(4) Fourth, on June 1, 2012, and each January 2 and June 1
16thereafter, any moneys remaining in the Redevelopment Property
17Tax Trust Fund after the payments and transfers authorized by
18paragraphs (1) to (3), inclusive, shall be distributed to local
19agencies and school entities in accordance with Section 34188.

20(b) If the successor agency reports, no later than April 1, 2012,
21and May 1, 2012, and each December 1 and May 1 thereafter, to
22the county auditor-controller that the total amount available to the
23successor agency from the Redevelopment Property Tax Trust
24Fund allocation to that successor agency’s Redevelopment
25Obligation Retirement Fund, from other funds transferred from
26each redevelopment agency, and from funds that have or will
27become available through asset sales and all redevelopment
28operations, are insufficient to fund the payments required by
29paragraphs (1) to (3), inclusive, of subdivision (a) in the next
30six-month fiscal period, the county auditor-controller shall notify
31the Controller and the Department of Finance no later than 10 days
32from the date of that notification. The county auditor-controller
33shall verify whether the successor agency will have sufficient funds
34from which to service debts according to the Recognized
35Obligation Payment Schedule and shall report the findings to the
36Controller. If the Controller concurs that there are insufficient
37funds to pay required debt service, the amount of the deficiency
38shall be deducted first from the amount remaining to be distributed
39to taxing entities pursuant to paragraph (4)begin insert of subdivision (a)end insert, and
40if that amount is exhausted, from amounts available for distribution
P12   1for administrative costs in paragraph (3)begin insert of subdivision (a)end insert. If an
2agency, pursuant to the provisions of Section 33492.15, 33492.72,
333607.5, 33671.5, 33681.15, or 33688 or as expressly provided in
4a passthrough agreement entered into pursuant to Section 33401,
5made passthrough payment obligations subordinate to debt service
6payments required for enforceable obligations, funds for servicing
7bond debt may be deducted from the amounts for passthrough
8payments under paragraph (1)begin insert of subdivision (a)end insert, as provided in
9those sections, but only to the extent that the amounts remaining
10to be distributed to taxing entities pursuant to paragraph (4)begin insert of
11subdivision (a)end insert
and the amounts available for distribution for
12administrative costs in paragraph (3)begin insert of subdivision (a)end insert have all
13been exhausted.

begin insert

14(c) (1) (A) Notwithstanding any other law, for the 2014-15
15fiscal year and each fiscal year thereafter, any revenues derived
16from the imposition of a property tax rate, approved by the voters
17of a city, county, or city and county to make payments in support
18of pension programs and levied in addition to the property tax rate
19limited by subdivision (a) of Section 1 of Article XIII A of the
20California Constitution, shall not be allocated to each
21Redevelopment Property Tax Trust Fund and shall instead be
22allocated to, and when collected shall be paid into, the fund of the
23city, county, or city and county whose voters approved the tax
24unless, following a written request with each Recognized
25Obligation Payment Schedule cycle from the successor agency to
26the city, county, or city and county whose voters approved the tax,
27the city, county, or city and county authorizes the use of the
28revenues from the fund of the city, county, or city and county by
29the successor agency to pay any enforceable obligation, as defined
30in subdivision (d) of Section 34171, on an approved Recognized
31Obligation Payment Schedule pursuant to subdivisions (l) and (m)
32of Section 34177 and subdivision (h) of Section 34179.

end insert
begin insert

33(B) Subject to the approval of the city, county, or city and county
34as provided for in paragraph (1), the amounts necessary to pay
35approved enforceable obligations shall be allocated to the
36successor agency pursuant to paragraph (2) of subdivision (a),
37from revenues derived from the imposition of a property tax rate,
38approved by the voters of the city, county, or city and county to
39make payments in support of pension programs and levied in
40addition to the property tax rate limited by subdivision (a) of
P13   1Section 1 of Article XIII A of the California Constitution, but only
2after all other moneys deposited in the successor agency’s
3Redevelopment Property Tax Trust Fund have been exhausted.

end insert
begin insert

4(C) Any revenues derived from the imposition of a property tax
5rate, approved by the voters of a city, county, or city and county
6to make payments in support of pension programs and levied in
7addition to the property tax rate limited by subdivision (a) of
8Section 1 of Article XIII A of the California Constitution, that have
9been pledged as security for the payment of any indebtedness
10obligation shall be allocated to the successor agency, after all
11other moneys deposited in the successor agency’s Redevelopment
12Property Tax Trust Fund have been exhausted, in the amount
13necessary to pay that indebtedness obligation for an applicable
14Recognized Obligation Payment Schedule cycle, until such time
15as that indebtedness obligation has been completely paid off. Any
16and all excess pledged revenues derived from the pension property
17tax rate that are not necessary to pay the debt service on the
18indebtedness shall be allocated and paid to the city, county, or
19city and county whose voters approved the pension property tax
20rate.

end insert
begin insert

21(2) Notwithstanding any other law, all allocations of revenues
22derived from the imposition of a property tax rate, approved by
23the voters of a city, county, or city and county to make payments
24in support of pension programs and levied in addition to the
25property tax rate limited by subdivision (a) of Section 1 of Article
26XIII A of the California Constitution, made by any county
27auditor-controller prior to July 1, 2014, shall be deemed correct
28and shall not be affected by this act. A city, county, city and county,
29county auditor-controller, successor agency, or affected taxing
30entity shall not be subject to any claim for money, damages, or
31reallocated revenues based on any allocation of such revenues
32prior to July 1, 2014.

end insert
begin delete

33(c)

end delete

34begin insert(d)end insert The county treasurer may loan any funds from the county
35treasury to the Redevelopment Property Tax Trust Fund of the
36successor agency for the purpose of paying an item approved on
37the Recognized Obligation Payment Schedule at the request of the
38Department of Finance that are necessary to ensure prompt
39payments of redevelopment agency debts. An enforceable
40obligation is created for repayment of those loans.

begin delete

P14   1(d)

end delete

2begin insert(e)end insert The Controller may recover the costs of audit and oversight
3required under this part from the Redevelopment Property Tax
4Trust Fund by presenting an invoice therefor to the county
5auditor-controller who shall set aside sufficient funds for and
6disburse the claimed amounts prior to making the next distributions
7to the taxing entities pursuant to Section 34188. Subject to the
8approval of the Director of Finance, the budget of the Controller
9may be augmented to reflect the reimbursement, pursuant to
10Section 28.00 of the Budget Act.

begin delete

11(e)

end delete

12begin insert(f)end insert Within 10 days of each distribution of property tax, the
13county auditor-controller shall provide a report to the department
14regarding the distribution for each successor agency that includes
15information on the total available for allocation, the passthrough
16amounts and how they were calculated, the amounts distributed
17to successor agencies, and the amounts distributed to taxing entities
18in a manner and form specified by the department. This reporting
19requirement shall also apply to distributions required under
20subdivision (b) of Section 34183.5.

21begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 95.5 is added to the end insertbegin insertRevenue and Taxation
22Code
end insert
begin insert, to read:end insert

begin insert
23

begin insert95.5.end insert  

Notwithstanding any other law, allocations of revenues
24derived from the imposition of a property tax rate, approved by
25the voters of a city, county, or city and county to make payments
26in support of pension programs and levied in addition to the
27property tax rate limited by subdivision (a) of Section 1 of Article
28XIII A of the California Constitution, shall be made pursuant to
29subdivision (c) of Section 34183 of the Health and Safety Code.

end insert
30begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

No inference shall be drawn from the enactment of
31this act with respect to the use, distribution, or allocation of
32revenues derived from the imposition of a property tax rate,
33approved by the voters of a city, county, or city and county to make
34payments in support of pension programs and levied in addition
35to the property tax rate limited by subdivision (a) of Section 1 of
36Article XIII A of the California Constitution, made by any county
37auditor-controller prior to July 1, 2014.

end insert
38begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P15   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Senate, January 27, 2014. (JR11)



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