Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Government Code Provisions

Provisions Relating to Property Tax Relief

DIVISION 4. FISCAL AFFAIRS

PART 1. FUNDS FOR SUBVENTIONS

CHAPTER 1.5. Special Supplemental Subventions*

Section 16111.5

16111.5. Allocations to nonenterprise special districts. (a) From the amount appropriated specifically for the purposes of this section, for the 1984–85 fiscal year only, the Controller shall allocate to each nonenterprise special district an amount in accordance with the terms and conditions set forth in this section.

(b) Upon, and only upon, application by a nonenterprise special district, the Controller shall determine the loss occasioned by the repeal of the former personal property tax subvention program, as follows:

(1) The Controller shall determine the amount of personal property tax subventions which would have been received by the nonenterprise special district in the 1983–84 fiscal year, but for the operation of Section 100.7 of the Revenue and Taxation Code.

(2) The Controller shall determine the amount of revenue received by the nonenterprise special district pursuant to Section 75.70 of the Revenue and Taxation Code for the 1984–85 fiscal year.

(3) If the amount determined pursuant to paragraph (2) is less than the amount determined pursuant to paragraph (1), then the controller shall allocate to the nonenterprise special district an amount equal to the difference between the amounts determined pursuant to paragraphs (1) and (2).

(4) The Controller shall make no allocation to a nonenterprise special district if the amount determined pursuant to paragraph (2) is greater than or equal to the amount determined pursuant to paragraph (1).

(c) If the amount appropriated specifically for the purpose of this section is not sufficient to pay all the claims made pursuant to this section, the Controller shall reduce the allocations on a pro rata basis.

(d) As used in this section, "nonenterprise special district" means a special district which is not engaged in an enterprise activity, as reported in the most recent Controller's Annual Report on Financial Transactions of Special Districts. "Nonenterprise special district" may include the nonenterprise activities of a special district which is also engaged in enterprise activities. "Nonenterprise special district" does not include a multicounty special district as defined pursuant to Section 16113.

History.—Stats. 1984, Ch. 1325, in effect September 25, 1984, substituted "engaged in" for "identified as" after "not", substituted "activity, as reported" for "special district" after "enterprise", and deleted "and is not a multicounty special district, as defined in Section 16113" after "Districts" in the first sentence, and added the second and third sentences to subdivision (d).

*History.—Added by Stats. 1984, Ch. 447, in effect July 16, 1984.