California 2009-2010 Regular Session Status: Enacted

AB 2136 — Disaster relief: County of Imperial earthquake.

Last action — Chaptered by Secretary of State - Chapter 461, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2010. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, the CalHome Program, authorizes funds appropriated for purposes of the program to be used to enable low- and very low income households to become or remain homeowners. Existing law permits CalHome Program financial assistance to be provided as a secured forgivable loan to an individual household to rehabilitate, repair, or replace manufactured housing in a mobilehome park that is not permanently affixed to a foundation. Existing law requires that these loans be due and payable in 20 years, with 10% of the original principal to be forgiven annually for each additional year beyond the 10th year that the home is owned and continuously occupied by the borrower. This bill would require that loans provided pursuant to the CalHome Program Disaster Assistance for Imperial County that have been made for the purpose of rehabilitation, reconstruction, or replacement of lower income owner-occupied manufactured homes be due and payable in 10 years, with 20% of the original principal to be forgiven annually for each additional year beyond the 5th year that the manufactured home is owned and continuously occupied by the borrower. (2) Existing law authorizes a county board of supervisors to provide by ordinance for the reassessment of property that is damaged or destroyed, without fault on the part of the assessee, by a major misfortune or calamity, upon the application of the assessee or upon the action of the county assessor with the board's approval. With respect to certain counties that have adopted reassessment ordinances and have been declared by the Governor to be in a state of emergency as a result of certain events, existing law provides for state allocations of the estimated amounts of the reductions in property tax revenues resulting in certain fiscal years from reassessments under those ordinances. Existing law also continuously appropriates, without regard to fiscal years, moneys in the Special Fund for Economic Uncertainties for purposes of funding these state allocations. This bill would provide for similar state allocations with respect to property tax revenue reductions resulting from a reassessment for damages incurred within the County of Imperial, which was declared by the Governor to be in a state of emergency due to the earthquake that occurred on April 4, 2010. By requiring moneys continuously appropriated from the Special Fund for Economic Uncertainties to be allocated for the new purpose of reimbursing the County of Imperial for these property tax revenue reductions, this bill would make an appropriation. (3) Existing property tax law provides, pursuant to a specified provision of the California Constitution, for a homeowners' property tax exemption in the amount of $7,000 of the full value of a "dwelling," as defined. This bill would prohibit any dwelling that qualified for the exemption prior to April 4, 2010, that was damaged or destroyed by the earthquake in the County of Imperial, and that has not changed ownership since April 4, 2010, from being denied the exemption solely on the basis that the dwelling was temporarily damaged or destroyed or was being reconstructed by the owner, or was temporarily uninhabited as a result of restricted access to the property due to the earthquake. (4) The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners' property tax exemption. This bill would state the intent of the Legislature to make this required reimbursement in the annual Budget Act. By requiring local tax officials to implement new exemption criteria, this bill would impose a state-mandated local program. (5) 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. (6) The Personal Income Tax Law and the Corporation Tax Law provide for the carryover to specified taxable years of specified losses sustained as a result of certain disasters occurring in California in an area determined by the President of the United States to warrant specified federal assistance, or proclaimed by the Governor to be in a state of emergency. This bill would extend these provisions to losses sustained in the County of Imperial as a result of the earthquake that occurred in April 2010. This bill would authorize a taxpayer to make an election to claim a deduction for those losses on the tax return for the preceding year. (7) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 461, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:20 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 6786.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 7. Noes 0.) (August 26).

  6. Joint Rule 62(a), file notice suspended. (Page 6680.)

  7. Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 34. Noes 0. Page 4833.)

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. Read second time and amended. Ordered to third reading.

  13. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (August 12).

  14. In committee: Placed on APPR suspense file.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  16. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 0.) (June 23).

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on REV. & TAX.

  18. Referred to Com. on REV. & TAX.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 69. Noes 0. Page 5287.)

  21. Read second time. To third reading.

  22. From committee: Do pass. (Ayes 16. Noes 0.) (May 19).

  23. Re-referred to Com. on APPR.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  25. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (May 10).

  26. In committee: Set, first hearing. Referred to REV. & TAX. suspense file.

  27. Re-referred to Com. on REV. & TAX.

  28. Read second time and amended.

  29. From committee: Amend, do pass as amended, and re-refer to Com. on REV. & TAX. (Ayes 8. Noes 0.) (May 5).

  30. Re-referred to Com. on L. GOV.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  32. Referred to Com. on L. GOV.

  33. From printer. May be heard in committee March 21.

  34. Read first time. To print.

Sponsors

  • V. Manuel Perez · Primary
  • Salas · Cosponsor
  • Ducheny · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • V. Manuel Perez

Co-sponsors (2)

  • Salas
  • Ducheny

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2136 PEREZ, V.M. Concurrence in Senate Amendments

Passed 87 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 3000
Republican 3000
Total 87003
% of votes cast 97%0%0%3%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
John — Yea
A. — Yea
Perez — Yea
Gilmore — Not Voting
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Not Voting
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Not Voting
Eng — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Senate amendments be concurred in.

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 6002
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Saldana — Not Voting
Eng — Yea
Torres — Yea
Tran — Yea
Bradford — Yea
Knight — Yea
Torlakson — Not Voting
Gilmore — Yea
Arambula, Joaquin Democratic Yea

Official roll call →

Assembly 3rd Reading AB2136 V. Manuel Perez Urgency Clause

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 1001
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Liu — Yea
McLeod — Yea
Dutton — Yea
Ashburn — Yea
Blakeslee — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Leno — Yea
Price — Yea
Simitian — Yea
Wiggins — Not Voting
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Kehoe — Yea
Leno — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Alquist — Yea
Ashburn — Yea
Price — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Alquist — Not Voting
Leno — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

AB 2136 PEREZ, V.M. Third Reading Urgency

Passed 79 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 730012
Democratic 3000
Republican 3000
Total 790012
% of votes cast 87%0%0%13%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Eng — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Evans — Not Voting
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Knight — Not Voting
Lieu — Yea
Bass — Not Voting
Mendoza — Yea
Monning — Yea
Nava — Not Voting
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Not Voting
Jeffries — Yea
Logue — Yea
Ma — Not Voting
Miller — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Villines — Not Voting
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Hall — Yea
Charles — Yea
Harkey — Yea
De — Not Voting
Leon — Not Voting
Conway — Yea
Coto — Yea
Davis — Yea
Miller — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Hill — Yea
Solorio — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety taxation housing
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Frequently asked questions

What does AB 2136 do?
(1) Existing law, the CalHome Program, authorizes funds appropriated for purposes of the program to be used to enable low- and very low income households to become or remain homeowners. Existing law permits CalHome Program financial assistance to be provided as a secured forgivable loan to an individual household to rehabilitate, repair, or replace manufactured housing in a mobilehome park that is not permanently affixed to a foundation. Existing law requires that these loans be due and payable in 20 years, with 10% of the original principal to be forgiven annually for each additional year beyond the 10th year that the home is owned and continuously occupied by the borrower. This bill would require that loans provided pursuant to the CalHome Program Disaster Assistance for Imperial County that have been made for the purpose of rehabilitation, reconstruction, or replacement of lower income owner-occupied manufactured homes be due and payable in 10 years, with 20% of the original principal to be forgiven annually for each additional year beyond the 5th year that the manufactured home is owned and continuously occupied by the borrower. (2) Existing law authorizes a county board of supervisors to provide by ordinance for the reassessment of property that is damaged or destroyed, without fault on the part of the assessee, by a major misfortune or calamity, upon the application of the assessee or upon the action of the county assessor with the board's approval. With respect to certain counties that have adopted reassessment ordinances and have been declared by the Governor to be in a state of emergency as a result of certain events, existing law provides for state allocations of the estimated amounts of the reductions in property tax revenues resulting in certain fiscal years from reassessments under those ordinances. Existing law also continuously appropriates, without regard to fiscal years, moneys in the Special Fund for Economic Uncertainties for purposes of funding these state allocations. This bill would provide for similar state allocations with respect to property tax revenue reductions resulting from a reassessment for damages incurred within the County of Imperial, which was declared by the Governor to be in a state of emergency due to the earthquake that occurred on April 4, 2010. By requiring moneys continuously appropriated from the Special Fund for Economic Uncertainties to be allocated for the new purpose of reimbursing the County of Imperial for these property tax revenue reductions, this bill would make an appropriation. (3) Existing property tax law provides, pursuant to a specified provision of the California Constitution, for a homeowners' property tax exemption in the amount of $7,000 of the full value of a "dwelling," as defined. This bill would prohibit any dwelling that qualified for the exemption prior to April 4, 2010, that was damaged or destroyed by the earthquake in the County of Imperial, and that has not changed ownership since April 4, 2010, from being denied the exemption solely on the basis that the dwelling was temporarily damaged or destroyed or was being reconstructed by the owner, or was temporarily uninhabited as a result of restricted access to the property due to the earthquake. (4) The California Constitution requires the Legislature, in each fiscal year, to reimburse local governments for the revenue losses incurred by those governments in that fiscal year as a result of the homeowners' property tax exemption. This bill would state the intent of the Legislature to make this required reimbursement in the annual Budget Act. By requiring local tax officials to implement new exemption criteria, this bill would impose a state-mandated local program. (5) 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. (6) The Personal Income Tax Law and the Corporation Tax Law provide for the carryover to specified taxable years of specified losses sustained as a result of certain disasters occurring in California in an area determined by the President of the United States to warrant specified federal assistance, or proclaimed by the Governor to be in a state of emergency. This bill would extend these provisions to losses sustained in the County of Imperial as a result of the earthquake that occurred in April 2010. This bill would authorize a taxpayer to make an election to claim a deduction for those losses on the tax return for the preceding year. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 2136?
AB 2136 is sponsored by V. Manuel Perez, Salas, and Ducheny.
What is the current status of AB 2136?
This bill has been enacted into law. Introduced February 18, 2010. Enacted.
Where can I track AB 2136?
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