California 2009-2010 Regular Session Status: Enacted

AB 384 — Property taxation: certificated aircraft assessment.

Last action — Chaptered by Secretary of State - Chapter 228, Statutes of 2010.

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  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 23, 2009. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 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

Existing property tax law requires the personal property of an air carrier be taxed at its fair market value, and the California Constitution requires property subject to ad valorem property taxation to be assessed in the county in which it is situated. Existing law, for the 2005–06 fiscal year to the 2010–11 fiscal year, inclusive, specifies a formula to determine the fair market value of certificated aircraft of a commercial air carrier. Existing law further requires, until December 31, 2010, the Aircraft Advisory Subcommittee of the California Assessors' Association to designate, after soliciting input from commercial air carriers operating in the state, a lead county assessor's office for each commercial air carrier operating certificated aircraft in this state in an assessment year, and requires the lead county assessor to calculate the value of the air carrier's personal property and to transmit these calculations to other county assessors, but specifies that each county assessor is responsible for assessing and enrolling the taxable value of the property in his or her county, as provided. Existing law also requires, until December 31, 2010, the lead county assessor's office to lead a team to audit the books and records of a commercial air carrier and authorizes these air carriers to file a property statement solely with the lead county assessor's office, as provided. This bill would extend the 2010–11 fiscal year termination date to the 2015–16 fiscal year and the December 31, 2010, repeal date to December 31, 2015, for the above-described provisions relating to the determination of the fair market value and taxation of certificated aircraft. This bill would also specify that it shall be rebuttably presumed that the fair market value of certificated aircraft is the amount determined under the formula specified above, and would authorize this value to be rebutted by certain evidence. This bill would also require the value of an individual aircraft assessed to the original owner of that aircraft to not exceed its original cost from the manufacturer, as provided. By extending the application of the aforementioned valuation process for certificated aircraft beyond the 2010–11 fiscal year, thereby imposing new duties upon a lead county assessor's office, the 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 228, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6295.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 17 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 33. Noes 0. Page 4492.)

  7. Read second time. To third reading.

  8. From committee: Do pass. (Ayes 10. Noes 0.) (June 28).

  9. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 0.) (June 9).

  10. 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.

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

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

  13. Read third time, passed, and to Senate. (Ayes 62. Noes 8. Page 3892.)

  14. Read second time. To third reading.

  15. From committee: Do pass. (Ayes 17. Noes 0.) (January 21).

  16. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (January 12).

  17. Joint Rule 62(a), file notice suspended. (Page 3746.)

  18. From committee: Be re-referred to Com. on REV. & TAX. Re-referred. (Ayes 10. Noes 0.) (January 7).

  19. Re-referred to Com. on RULES. pursuant to Assembly Rule 96.

  20. Re-referred to Com. on INS.

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

  22. In committee: Set, second hearing. Hearing canceled at the request of author.

  23. In committee: Set, first hearing. Hearing canceled at the request of author.

  24. Referred to Com. on INS.

  25. From printer. May be heard in committee March 26.

  26. Read first time. To print.

Sponsors

  • Ma · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Ma

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 384 MA Concurrence in Senate Amendments

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 82003
Republican 3000
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
Bill — Yea
Tom — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Block — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Charles — Not Voting
Monning — Not Voting
Blakeslee — Not Voting
Adams — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Evans — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB384 Ma By Wolk

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 0002
Republican 1000
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Wyland — Yea
Oropeza — Not Voting
Wright — Yea
Runner — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Walters — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Harman — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Cogdill — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Kehoe — Yea
Leno — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Price — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 384 MA Assembly Third Reading

Passed 72 Yea · 8 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 677010
Democratic 3000
Republican 2100
Total 728010
% of votes cast 80%9%0%11%
How each member voted (90)
Member Party Vote
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Ammiano — Yea
Beall — Yea
Coto — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Not Voting
Fletcher — Nay
Eng — Yea
Evans — Yea
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
DeVore — Yea
Fuentes — Yea
Bass — Not Voting
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Not Voting
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Not Voting
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Not Voting
Torrico — Yea
Villines — Nay
Adams — Yea
Anderson — Nay
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Knight — Yea
Logue — Nay
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Nay
Smyth — Yea
Torlakson — Not Voting
Tran — Yea
Cook — Not Voting
Emmerson — Nay
Feuer — Yea
Davis — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Nay
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 Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Yea
Fuentes — Yea
Harkey — Yea
Coto — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Be referred to Committee on Revenue and Taxation.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Hall — Yea
Fuller — Yea
Furutani — Yea
Torlakson — Yea
Adams — Yea
Lieu — Yea
Mendoza — Yea
Silva — Yea
Swanson — Not Voting
Yamada — Yea
Beth Gaines — Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

What does AB 384 do?
Existing property tax law requires the personal property of an air carrier be taxed at its fair market value, and the California Constitution requires property subject to ad valorem property taxation to be assessed in the county in which it is situated. Existing law, for the 2005–06 fiscal year to the 2010–11 fiscal year, inclusive, specifies a formula to determine the fair market value of certificated aircraft of a commercial air carrier. Existing law further requires, until December 31, 2010, the Aircraft Advisory Subcommittee of the California Assessors' Association to designate, after soliciting input from commercial air carriers operating in the state, a lead county assessor's office for each commercial air carrier operating certificated aircraft in this state in an assessment year, and requires the lead county assessor to calculate the value of the air carrier's personal property and to transmit these calculations to other county assessors, but specifies that each county assessor is responsible for assessing and enrolling the taxable value of the property in his or her county, as provided. Existing law also requires, until December 31, 2010, the lead county assessor's office to lead a team to audit the books and records of a commercial air carrier and authorizes these air carriers to file a property statement solely with the lead county assessor's office, as provided. This bill would extend the 2010–11 fiscal year termination date to the 2015–16 fiscal year and the December 31, 2010, repeal date to December 31, 2015, for the above-described provisions relating to the determination of the fair market value and taxation of certificated aircraft. This bill would also specify that it shall be rebuttably presumed that the fair market value of certificated aircraft is the amount determined under the formula specified above, and would authorize this value to be rebutted by certain evidence. This bill would also require the value of an individual aircraft assessed to the original owner of that aircraft to not exceed its original cost from the manufacturer, as provided. By extending the application of the aforementioned valuation process for certificated aircraft beyond the 2010–11 fiscal year, thereby imposing new duties upon a lead county assessor's office, the 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.
Who sponsors AB 384?
AB 384 is sponsored by Ma.
What is the current status of AB 384?
This bill has been enacted into law. Introduced February 23, 2009. Enacted.
Where can I track AB 384?
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