Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Revenue and Taxation Code

Other Taxes

Part 5. Vehicle License Fee

Chapter 5. Distribution of Proceeds

Section 11005.6

11005.6. Estimates of increased population. Any city, county, or city and county may apply to the population research unit of the Department of Finance to estimate its population. The department may make the estimate if in the opinion of the department there is available adequate information upon which to base the estimate. Not less than 25 days nor more than 30 days after the completion of the estimate, the Department of Finance shall file a certified copy thereof with the Controller if the estimate is greater than the current certified population. Such a certification may be made once each fiscal year.

All payments under Section 11005 for any allocation subsequent to the filing of the estimate shall be based upon the population so estimated until a subsequent certification is made by the Department of Finance or a subsequent federal decennial census is made.

Population changes based on a federal or state special census or estimate validated by the Department of Finance shall be accepted by the Controller only if certified to him or her at the request of the Department of Finance. The request shall be made only if the census or estimate is greater than the current certified population and shall become effective on the first day of the month following receipt of the certification.

The Department of Finance may assess a reasonable charge, not to exceed the actual cost thereof, for the preparation of population estimates pursuant to this section, which is a proper charge against the city, county, or city and county applying therefor. The amount received shall be deposited in the State Treasury as a reimbursement to be credited to the appropriation from which the expenditure is made.

As of May 1, 1988 any population estimate prepared by the Department of Finance pursuant to Section 2227 may be used for all purposes of this section unless a written request not to certify is received by the department from the city, city and county, or county within 25 days of completion of the estimate.

History.—Added by Stats. 1959, p. 2816, in effect September 18, 1959. Stats. 1967, p. 3092, in effect November 8, 1967, substituted "Each year except the year of a" for "During the year beginning January 1, 1965, and every fifth year following the year of the last" federal decennial census, and added the requirement for an enumeration, in the first sentence of the first paragraph; and deleted language requiring a population increase of 5 percent or more from the first sentence of the second paragraph. Stats. 1969, p. 1181, in effect November 10, 1969, substituted "Once each calendar year" for "Each year" in the first sentence of the first paragraph. Stats. 1970, p. 24, in effect March 16, 1970, deleted "except the year of a federal decennial census" after "Once each calendar year" in the first sentence of the first paragraph. Stats. 1973, Ch. 358, p. 797, in effect August 31, 1973, added last paragraph. Stats. 1975, Ch. 1186, p. 2923, in effect January 1, 1976, substituted "Any" for "Once each calendar year, any", substituted "which has had a census taken" for "whose population has been increased substantially since the last federal census and which has held an enumeration", substituted "United States" for "federal", and substituted "its population" for "the increase in population" in the first sentence, added "and if requested to do so by the county or city and county," after "estimate," in the third sentence, and added the fourth sentence of the first paragraph; added the balance of the first sentence after "estimated", and deleted the former second sentence of the second paragraph; substituted the third paragraph for the former third paragraph; and substituted "the Revenue and Taxation Code" for "this code", and added the balance of the first sentence of the fifth paragraph after "this section". Stats. 1984, Ch. 711, in effect January 1, 1985, added "city," before "county" and deleted "which has had a census taken within the five-year period preceding application under the supervision of either the United States Bureau of the Census of the Department of Finance" after "and county" in the first sentence of the first paragraph. Stats. 1986, Ch. 982, effective January 1, 1987, added "the population research unit of" after "apply to" in the first sentence, deleted "the department and" after "with" in the third sentence, and substituted "fiscal" for "calendar" after "each" in the fourth sentence of the first paragraph; deleted "of the Revenue and Taxation code" after "Section 11005", and deleted "such time as" after "until" in the second paragraph; added "or her" after "him", and substituted "the" for "such" after "receipt of" in the third paragraph; and deleted "of the Revenue and Taxation Code" after "Section 2227", and substituted "," for "or" after "city" in the fifth paragraph. Stats. 1988, Ch. 154, in effect June 10, 1988, added a comma after "county" in the first sentence of the first and fourth paragraphs; substituted "not less than 25 days nor more than 30 days after the" for "Upon", deleted "and if requested to do so by the city, county or city and county," before "the Department", added "if the estimate is greater than the current certified population" after "Controller" in the second sentence of the first paragraph; added "or state" after "federal", deleted "a subsequent census or" before "estimate validated", substituted "Department of . . . certified population" for "city, city and county, or county for which the census or estimate was made" in the third paragraph; added "As of May 1, 1988" before "any population", deleted "the provisions of" before "Section 2227", substituted "unless" for "if" before "a written", substituted "not to certify" for "for certification to the Controller", added "by the department" after "received", substituted "25" for "45" before "days" in the fifth paragraph.