Amended in Assembly August 18, 2016

Amended in Senate February 22, 2016

Senate BillNo. 817


Introduced by Senator Roth

begin insert

(Coauthor: Assembly Member Melendez)

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January 5, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

SB 817, as amended, Roth. Local government finance: property tax revenue allocations: 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 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 a city incorporating after January 1, 2004, and on or before January 1, 2012, for the 2016-17 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.

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.

This bill would incorporate additional changes to Section 97.70 of the Revenue and Taxation Code proposed by AB 448 that would become operative if this bill and AB 448 are both chaptered and this bill is chaptered last.

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

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

P2    1

SECTION 1.  

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

3

97.70.  

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

5(a) (1) (A) The auditor shall reduce the total amount of ad
6valorem property tax revenue that is otherwise required to be
7allocated to a county’s Educational Revenue Augmentation Fund
8by the countywide vehicle license fee adjustment amount.

P3    1(B) If, for the fiscal year, after complying with Section 97.68
2there is not enough ad valorem property tax revenue that is
3otherwise required to be allocated to a county Educational Revenue
4Augmentation Fund for the auditor to complete the allocation
5reduction required by subparagraph (A), the auditor shall
6 additionally reduce the total amount of ad valorem property tax
7revenue that is otherwise required to be allocated to all school
8districts and community college districts in the county for that
9fiscal year by an amount equal to the difference between the
10countywide vehicle license fee adjustment amount and the amount
11of ad valorem property tax revenue that is otherwise required to
12be allocated to the county Educational Revenue Augmentation
13Fund for that fiscal year. This reduction for each school district
14and community college district in the county shall be the percentage
15share of the total reduction that is equal to the proportion that the
16total amount of ad valorem property tax revenue that is otherwise
17required to be allocated to the school district or community college
18district bears to the total amount of ad valorem property tax revenue
19that is otherwise required to be allocated to all school districts and
20community college districts in a county. For purposes of this
21subparagraph, “school districts” and “community college districts”
22do not include any districts that are excess tax school entities, as
23defined in Section 95.

24(2) The countywide vehicle license fee adjustment amount shall
25be allocated to the Vehicle License Fee Property Tax Compensation
26Fund that shall be established in the treasury of each county.

27(b) (1) The auditor shall allocate moneys in the Vehicle License
28Fee Property Tax Compensation Fund according to the following:

29(A) Each city inbegin delete theend deletebegin insert aend insert county shall receive its vehicle license
30fee adjustment amount.

31(B) Each county and city and county shall receive its vehicle
32license fee adjustment amount.

33(2) The auditor shall allocate one-half of the amount specified
34in paragraph (1) on or before January 31 of each fiscal year, and
35the other one-half on or before May 31 of each fiscal year.

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

37(1) “Vehicle license fee adjustment amount” for a particular
38city, county, or a city and county means, subject to an adjustment
39under paragraph (2) and Section 97.71, all of the following:

P4    1(A) For the 2004-05 fiscal year, an amount equal to the
2difference between the following two amounts:

3(i) The estimated total amount of revenue that would have been
4deposited to the credit of the Motor Vehicle License Fee Account
5in the Transportation Tax Fund, including any amounts that would
6have been certified to the Controller by the auditor of the County
7of Ventura under subdivision (j) of Section 98.02, as that section
8read on January 1, 2004, for distribution under the law as it read
9on January 1, 2004, to the county, city and county, or city for the
102004-05 fiscal year if the fee otherwise due under the Vehicle
11License Fee Law (Part 5 (commencing with Section 10701) of
12Division 2) was 2 percent of the market value of a vehicle, as
13specified in Sections 10752 and 10752.1 as those sections read on
14January 1, 2004.

15(ii) The estimated total amount of revenue that is required to be
16distributed from the Motor Vehicle License Fee Account in the
17Transportation Tax Fund to the county, city and county, and each
18city in the county for the 2004-05 fiscal year under Section 11005,
19as that section read on the operative date of the act that amended
20this clause.

21(B) (i) Subject to an adjustment under clause (ii), for the
222005-06 fiscal year, the sum of the following two amounts:

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

24(ia) The actual total amount of revenue that would have been
25deposited to the credit of the Motor Vehicle License Fee Account
26in the Transportation Tax Fund, including any amounts that would
27have been certified to the Controller by the auditor of the County
28of Ventura under subdivision (j) of Section 98.02, as that section
29read on January 1, 2004, for distribution under the law as it read
30on January 1, 2004, to the county, city and county, or city for the
312004-05 fiscal year if the fee otherwise due under the Vehicle
32License Fee Law (Part 5 (commencing with Section 10701) of
33Division 2) was 2 percent of the market value of a vehicle, as
34specified in Sections 10752 and 10752.1 as those sections read on
35 January 1, 2004.

36(ib) The actual total amount of revenue that was distributed
37from the Motor Vehicle License Fee Account in the Transportation
38Tax Fund to the county, city and county, and each city in the county
39for the 2004-05 fiscal year under Section 11005, as that section
P5    1read on the operative date of the act that amended this
2subsubclause.

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

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

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

18(iii) The amount described in clause (i) shall be adjusted as
19follows:

20(I) If the amount described in subclause (I) of clause (i) for a
21particular city, county, or city and county is greater than the amount
22described in subparagraph (A) for that city, county, or city and
23county, the amount described in clause (i) shall be increased by
24an amount equal to this difference.

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

30(C) For the 2006-07 fiscal year and for each fiscal year
31thereafter, the sum of the following two amounts:

32(i) The vehicle license fee adjustment amount for the prior fiscal
33year, if Section 97.71 and clause (ii) of subparagraph (B) did not
34apply for that fiscal year, for that city, county, and city and county.

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

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

37(II) The percentage change from the prior fiscal year to the
38current fiscal year in gross taxable assessed valuation within the
39jurisdiction of the entity, as reflected in the equalized assessment
40roll for those fiscal years. For the first fiscal year for which a
P6    1change in a city’s jurisdictional boundaries first applies, the
2percentage change in gross taxable assessed valuation from the
3prior fiscal year to the current fiscal year shall be calculated solely
4on the basis of the city’s previous jurisdictional boundaries, without
5regard to the change in that city’s jurisdictional boundaries. For
6each following fiscal year, the percentage change in gross taxable
7assessed valuation from the prior fiscal year to the current fiscal
8year shall be calculated on the basis of the city’s current
9jurisdictional boundaries.

10(2) Notwithstanding paragraph (1), “vehicle license fee
11adjustment amount,” for a city incorporating after January 1, 2004,
12and on or before January 1, 2012, means the following:

13(A) For the 2016-17 fiscal year, the quotient derived from the
14following fraction:

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

16(I) The sum of the most recent vehicle license fee adjustment
17amounts determined for all cities in the county.

18(II) The population of the incorporating city.

19(ii) The denominator is the sum of the populations of all cities
20in the county.

21(B) For the 2017-18 fiscal year, and for each fiscal year
22thereafter, the sum of the following two amounts:

23(i) The vehicle license fee adjustment amount for the prior fiscal
24year.

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.

31(3) For the 2013-14 fiscal year, the vehicle license fee
32adjustment amount that is determined under subparagraph (C) of
33paragraph (1) for the County of Orange shall be increased by
34fifty-three million dollars ($53,000,000). For the 2014-15 fiscal
35year and each fiscal year thereafter, the calculation of the vehicle
36license fee adjustment amount for the County of Orange under
37subparagraph (C) of paragraph (1) shall be based on a prior fiscal
38year amount that reflects the full amount of this one-time increase
39of fifty-three million dollars ($53,000,000).

P7    1(4) “Countywide vehicle license fee adjustment amount” means,
2for any fiscal year, the total sum of the amounts described in
3paragraphs (1), (2), and (3) for a county or city and county, and
4each city in the county.

5(5) On or before June 30 of each fiscal year, the auditor shall
6report to the Controller the vehicle license fee adjustment amount
7for the county and each city in the county for that fiscal year.

8(d) For the 2005-06 fiscal year and each fiscal year thereafter,
9the amounts determined under subdivision (a) of Section 96.1, or
10any successor to that provision, shall not reflect, for a preceding
11fiscal year, any portion of any allocation required by this section.

12(e) For purposes of Section 15 of Article XI of the California
13Constitution, the allocations from a Vehicle License Fee Property
14Tax Compensation Fund constitute successor taxes that are
15otherwise required to be allocated to counties and cities, and as
16successor taxes, the obligation to make those transfers as required
17by this section shall not be extinguished nor disregarded in any
18manner that adversely affects the security of, or the ability of, a
19county or city to pay the principal and interest on any debts or
20obligations that were funded or secured by that city’s or county’s
21allocated share of motor vehicle license fee revenues.

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

23(1) Reduce any allocations of excess, additional, or remaining
24funds that would otherwise have been allocated to county
25superintendents of schools, cities, counties, and cities and counties
26pursuant to clause (i) of subparagraph (B) of paragraph (4) of
27subdivision (d) of Sections 97.2 and 97.3 or Article 4 (commencing
28with Section 98) had this section not been enacted. The allocations
29required by this section shall be adjusted to comply with this
30paragraph.

31(2) Require an increased ad valorem property tax revenue
32allocation or increased tax increment allocation to a community
33redevelopment agency.

34(3) Alter the manner in which ad valorem property tax revenue
35growth from fiscal year to fiscal year is otherwise determined or
36allocated in a county.

37(4) Reduce ad valorem property tax revenue allocations required
38under Article 4 (commencing with Section 98).

39(g) Tax exchange or revenue sharing agreements, entered into
40prior to the operative date of this section, between local agencies
P8    1or between local agencies and nonlocal agencies are deemed to be
2 modified to account for the reduced vehicle license fee revenues
3resulting from the act that added this section. These agreements
4are modified in that these reduced revenues are, in kind and in lieu
5thereof, replaced with ad valorem property tax revenue from a
6Vehicle License Fee Property Tax Compensation Fund or an
7Educational Revenue Augmentation Fund.

8

SEC. 1.5.  

Section 97.70 of the Revenue and Taxation Code is
9amended to read:

10

97.70.  

Notwithstanding any other law, for the 2004-05 fiscal
11year and for each fiscal year thereafter, all of the following apply:

12(a) (1) (A) The auditor shall reduce the total amount of ad
13valorem property tax revenue that is otherwise required to be
14allocated to a county’s Educational Revenue Augmentation Fund
15by the countywide vehicle license fee adjustment amount.

16(B) If, for the fiscal year, after complying with Section 97.68
17there is not enough ad valorem property tax revenue that is
18otherwise required to be allocated to a county Educational Revenue
19Augmentation Fund for the auditor to complete the allocation
20reduction required by subparagraph (A), the auditor shall
21 additionally reduce the total amount of ad valorem property tax
22revenue that is otherwise required to be allocated to all school
23districts and community college districts in the county for that
24fiscal year by an amount equal to the difference between the
25countywide vehicle license fee adjustment amount and the amount
26of ad valorem property tax revenue that is otherwise required to
27be allocated to the county Educational Revenue Augmentation
28Fund for that fiscal year. This reduction for each school district
29and community college district in the county shall be the percentage
30share of the total reduction that is equal to the proportion that the
31total amount of ad valorem property tax revenue that is otherwise
32required to be allocated to the school district or community college
33district bears to the total amount of ad valorem property tax revenue
34that is otherwise required to be allocated to all school districts and
35community college districts in a county. For purposes of this
36subparagraph, “school districts” and “community college districts”
37do not include any districts that are excess tax school entities, as
38defined in Section 95.

P9    1(2) The countywide vehicle license fee adjustment amount shall
2be allocated to the Vehicle License Fee Property Tax Compensation
3Fund that shall be established in the treasury of each county.

4(b) (1) The auditor shall allocate moneys in the Vehicle License
5Fee Property Tax Compensation Fund according to the following:

6(A) Each city in the county shall receive its vehicle license fee
7adjustment amount.

8(B) Each county and city and county shall receive its vehicle
9license fee adjustment amount.

10(2) The auditor shall allocate one-half of the amount specified
11in paragraph (1) on or before January 31 of each fiscal year, and
12the other one-half on or before May 31 of each fiscal year.

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

14(1) “Vehicle license fee adjustment amount” for a particular
15city, county, or a city and county means, subject to an adjustment
16under paragraph (2) and Section 97.71, all of the following:

17(A) For the 2004-05 fiscal year, an amount equal to the
18difference between the following two amounts:

19(i) The estimated total amount of revenue that would have been
20deposited to the credit of the Motor Vehicle License Fee Account
21in the Transportation Tax Fund, including any amounts that would
22have been certified to the Controller by the auditor of the County
23of Ventura under subdivision (j) of Section 98.02, as that section
24read on January 1, 2004, for distribution under the law as it read
25on January 1, 2004, to the county, city and county, or city for the
262004-05 fiscal year if the fee otherwise due under the Vehicle
27License Fee Law (Part 5 (commencing with Section 10701) of
28Division 2) was 2 percent of the market value of a vehicle, as
29specified in Sections 10752 and 10752.1 as those sections read on
30January 1, 2004.

31(ii) The estimated total amount of revenue that is required to be
32distributed from the Motor Vehicle License Fee Account in the
33Transportation Tax Fund to the county, city and county, and each
34city in the county for the 2004-05 fiscal year under Section 11005,
35as that section read on the operative date of the act that amended
36this clause.

37(B) (i) Subject to an adjustment under clause (ii), for the
382005-06 fiscal year, the sum of the following two amounts:

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

P10   1(ia) The actual total amount of revenue that would have been
2deposited to the credit of the Motor Vehicle License Fee Account
3in the Transportation Tax Fund, including any amounts that would
4have been certified to the Controller by the auditor of the County
5of Ventura under subdivision (j) of Section 98.02, as that section
6read on January 1, 2004, for distribution under the law as it read
7on January 1, 2004, to the county, city and county, or city for the
82004-05 fiscal year if the fee otherwise due under the Vehicle
9License Fee Law (Part 5 (commencing with Section 10701) of
10Division 2) was 2 percent of the market value of a vehicle, as
11specified in Sections 10752 and 10752.1 as those sections read on
12 January 1, 2004.

13(ib) The actual total amount of revenue that was distributed
14from the Motor Vehicle License Fee Account in the Transportation
15Tax Fund to the county, city and county, and each city in the county
16for the 2004-05 fiscal year under Section 11005, as that section
17read on the operative date of the act that amended this
18subsubclause.

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

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

21(ib) The percentage change from the prior fiscal year to the
22current fiscal year in gross taxable assessed valuation within the
23jurisdiction of the entity, as reflected in the equalized assessment
24roll for those fiscal years. For the first fiscal year for which a
25change in a city’s jurisdictional boundaries first applies, the
26percentage change in gross taxable assessed valuation from the
27prior fiscal year to the current fiscal year shall be calculated solely
28on the basis of the city’s previous jurisdictional boundaries, without
29regard to the change in that city’s jurisdictional boundaries. For
30each following fiscal year, the percentage change in gross taxable
31assessed valuation from the prior fiscal year to the current fiscal
32year shall be calculated on the basis of the city’s current
33jurisdictional boundaries.

34(iii) The amount described in clause (i) shall be adjusted as
35follows:

36(I) If the amount described in subclause (I) of clause (i) for a
37particular city, county, or city and county is greater than the amount
38described in subparagraph (A) for that city, county, or city and
39county, the amount described in clause (i) shall be increased by
40an amount equal to this difference.

P11   1(II) If the amount described in subclause (I) of clause (i) for a
2particular city, county, or city and county is less than the amount
3described in subparagraph (A) for that city, county, or city and
4county, the amount described in clause (i) shall be decreased by
5an amount equal to this difference.

6(C) For the 2006-07 fiscal year, to the 2014-15 fiscal year,
7inclusive, the sum of the following two amounts:

8(i) The vehicle license fee adjustment amount for the prior fiscal
9year, if Section 97.71 and clause (ii) of subparagraph (B) did not
10apply for that fiscal year, for that city, county, and city and county.

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

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

13(II) The percentage change from the prior fiscal year to the
14current fiscal year in gross taxable assessed valuation within the
15jurisdiction of the entity, as reflected in the equalized assessment
16roll for those fiscal years. For the first fiscal year for which a
17change in a city’s jurisdictional boundaries first applies, the
18percentage change in gross taxable assessed valuation from the
19prior fiscal year to the current fiscal year shall be calculated solely
20on the basis of the city’s previous jurisdictional boundaries, without
21regard to the change in that city’s jurisdictional boundaries. For
22each following fiscal year, the percentage change in gross taxable
23assessed valuation from the prior fiscal year to the current fiscal
24year shall be calculated on the basis of the city’s current
25jurisdictional boundaries.

26(D) For the 2015-16 fiscal year, the sum of the following two
27amounts:

28(i) The amount described in clause (i) of subparagraph (B) if
29Section 97.71 and clause (ii) of subparagraph (B) did not apply
30for that fiscal year, for that city, county, and city and county.

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

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

33(II) The percentage change from the 2004-05 fiscal year to the
342015-16 fiscal year, inclusive, in gross taxable assessed valuation
35within the jurisdiction of the entity, as reflected in the equalized
36assessment roll for those fiscal years.

37(E) For the 2016-17 fiscal year and each fiscal year thereafter,
38the sum of the following two amounts:

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

P12   1(ii) The product of the following two amounts:

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

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

7(2) Notwithstanding paragraph (1), “vehicle license fee
8adjustment amount,” for a city incorporating after January 1, 2004,
9and on or before January 1, 2012, means the following:

10(A) For the 2016-17 fiscal year, the quotient derived from the
11following fraction:

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

13(I) The sum of the most recent vehicle license fee adjustment
14amounts determined for all cities in the county.

15(II) The population of the incorporating city.

16(ii) The denominator is the sum of the populations of all cities
17in the county.

18(B) For the 2017-18 fiscal year, and for each fiscal year
19thereafter, the sum of the following two amounts:

20(i) The vehicle license fee adjustment amount for the prior fiscal
21year.

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

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

24(II) The percentage change from the prior fiscal year to the
25current fiscal year in gross taxable assessed valuation within the
26jurisdiction of the entity, as reflected in the equalized assessment
27roll for those fiscal years.

28(3) For the 2013-14 fiscal year, the vehicle license fee
29adjustment amount that is determined under subparagraph (C) of
30paragraph (1) for the County of Orange shall be increased by
31fifty-three million dollars ($53,000,000). For the 2014-15 fiscal
32year and each fiscal year thereafter, the calculation of the vehicle
33license fee adjustment amount for the County of Orange under
34subparagraph (C), (D), or (E), as applicable, of paragraph (1) shall
35be based on a prior fiscal year amount that reflects the full amount
36of this one-time increase of fifty-three million dollars
37($53,000,000).

38(4) “Countywide vehicle license fee adjustment amount” means,
39for any fiscal year, the total sum of the amounts described in
P13   1paragraphs (1), (2), and (3) for a county or city and county, and
2each city in the county.

3(5) On or before June 30 of each fiscal year, the auditor shall
4report to the Controller the vehicle license fee adjustment amount
5for the county and each city in the county for that fiscal year.

6(d) For the 2005-06 fiscal year and each fiscal year thereafter,
7the amounts determined under subdivision (a) of Section 96.1, or
8any successor to that provision, shall not reflect, for a preceding
9fiscal year, any portion of any allocation required by this section.

10(e) For purposes of Section 15 of Article XI of the California
11Constitution, the allocations from a Vehicle License Fee Property
12Tax Compensation Fund constitute successor taxes that are
13otherwise required to be allocated to counties and cities, and as
14successor taxes, the obligation to make those transfers as required
15by this section shall not be extinguished nor disregarded in any
16manner that adversely affects the security of, or the ability of, a
17county or city to pay the principal and interest on any debts or
18obligations that were funded or secured by that city’s or county’s
19allocated share of motor vehicle license fee revenues.

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

21(1) Reduce any allocations of excess, additional, or remaining
22funds that would otherwise have been allocated to county
23superintendents of schools, cities, counties, and cities and counties
24pursuant to clause (i) of subparagraph (B) of paragraph (4) of
25subdivision (d) of Sections 97.2 and 97.3 or Article 4 (commencing
26with Section 98) had this section not been enacted. The allocations
27required by this section shall be adjusted to comply with this
28paragraph.

29(2) Require an increased ad valorem property tax revenue
30allocation or increased tax increment allocation to a community
31redevelopment agency.

32(3) Alter the manner in which ad valorem property tax revenue
33growth from fiscal year to fiscal year is otherwise determined or
34allocated in a county.

35(4) Reduce ad valorem property tax revenue allocations required
36under Article 4 (commencing with Section 98).

37(g) Tax exchange or revenue sharing agreements, entered into
38prior to the operative date of this section, between local agencies
39or between local agencies and nonlocal agencies are deemed to be
40 modified to account for the reduced vehicle license fee revenues
P14   1resulting from the act that added this section. These agreements
2are modified in that these reduced revenues are, in kind and in lieu
3thereof, replaced with ad valorem property tax revenue from a
4Vehicle License Fee Property Tax Compensation Fund or an
5Educational Revenue Augmentation Fund.

6

SEC. 2.  

Section 1.5 of this bill incorporates amendments to
7Section 97.70 of the Revenue and Taxation Code proposed by this
8bill and Assembly Bill 448. It shall only become operative if (1)
9both bills are enacted and become effective on or before January
101, 2017, (2) each bill amends Section 97.70 of the Revenue and
11Taxation Code, and (3) this bill is enacted after Assembly Bill 448,
12in which case Section 97.70 of the Revenue and Taxation Code,
13as amended by Assembly Bill 448, shall remain operative only
14until the operative date of this bill, at which time Section 1.5 of
15this bill shall become operative, and Section 1 of this bill shall not
16become operative.

17

SEC. 3.  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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