19611

REVENUE AND TAXATION CODE
SECTION 19611




19611.  (a) The Tax Relief and Refund Account is hereby created in
the General Fund. Notwithstanding Section 13340 of the Government
Code, all moneys in the Tax Relief and Refund Account are hereby
continuously appropriated, without regard to fiscal year, to the
Franchise Tax Board for purposes of making all payments as provided
in this section.
   (b) Notwithstanding any other provision of law, all payments
required to be made to taxpayers or other persons from the Personal
Income Tax Fund shall be paid from the Tax Relief and Refund Account.
   (c) The Controller shall transfer, as needed, to the Tax Relief
and Refund Account:
   (1) From the unexpended balance of the annual Budget Act
appropriation for Item 9100-101-001, Schedule 80-Renter's Tax Relief,
an amount determined by the Franchise Tax Board to be equivalent to
the total amount of renters' assistance credits and refunds allowed
under Section 17053.5.
   (A) If there is no unexpended balance of the appropriation, as
provided for in paragraph (1), the Controller shall transfer
sufficient moneys from the Personal Income Tax Fund to make the
renters' assistance credits and refunds until there is an unexpended
balance.
   (B) Subsequent to there being no unexpended balance of the
appropriation, as provided for in paragraph (1), and there being a
transfer of moneys from the Personal Income Tax Fund to make the
renters' assistance credits and refunds, reimbursement shall be made
from the unexpended balance of the appropriation as provided for in
paragraph (1) to the Personal Income Tax Fund. However, if no such
appropriation is subsequently made, reimbursement shall be made from
the General Fund.
   (2) From the disability fund, the amount transferable to the
General Fund pursuant to subdivision (a) of Section 1176.5 of the
Unemployment Insurance Code.
   (3) From the Personal Income Tax Fund, such additional amounts as
determined by the Franchise Tax Board to be necessary to make the
payments required under this section.