California 2009-2010 Regular Session Status: To Executive

AB 311 — Property taxation: certificated aircraft assessment.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 2014–15 fiscal year and the December 31, 2010, repeal date to December 31, 2014, for the above-described provisions relating to the determination of the value and taxation of certificated aircraft. This bill would incorporate additional changes in Section 441 of the Revenue and Taxation Code proposed by AB 852, to be operative only if AB 852 and this bill are both enacted and become effective on or before January 1, 2010, both bills amend Section 441, and this bill is enacted after AB 852. 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. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 57. Noes 15. Page 3166.)

  6. Assembly Rule 77 suspended. (Page 3152.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 36. Noes 3. Page 2210.)

  9. Read second time. To third reading.

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

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

  12. From committee: Amend, and do pass as amended. (Ayes 10. Noes 3.) (July 23).

  13. (Page 1804.)

  14. Joint Rule 62(a) suspended.

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

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

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

  18. Read third time, passed, and to Senate. (Ayes 60. Noes 4. Page 1738.)

  19. Read second time. To third reading.

  20. From committee: Do pass. (Ayes 13. Noes 1.) (May 20).

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 27).

  24. In committee: Hearing postponed by committee.

  25. In committee: Hearing for testimony only.

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

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

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

  29. From printer. May be heard in committee March 20.

  30. 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 311 MA Concurrence in Senate Amendments

Passed 69 Yea · 15 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 641407
Democratic 3000
Republican 2100
Total 691507
% of votes cast 76%16%0%8%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
Huffman — Yea
Krekorian — Yea
Lieu — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Fletcher — Nay
Garrick — Not Voting
Cook — Not Voting
Gilmore — Nay
Hagman — Nay
Jeffries — Nay
Knight — Not Voting
Mendoza — Yea
Miller — Not Voting
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Anderson — Nay
Bass — Yea
Duvall — Not Voting
Torlakson — Yea
Torrico — Yea
Tran — Nay
Villines — Nay
Adams — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Huber — Yea
Logue — Nay
Ma — Yea
Monning — Not Voting
Nielsen — Yea
Solorio — Yea
Torres — Not Voting
Emmerson — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Yamada — Yea
Fuentes — 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 →

Assembly 3rd Reading AB311 Ma By Runner

Passed 37 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34301
Democratic 2000
Republican 1000
Total 37301
% of votes cast 90%7%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Harman — Yea
Huff — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
Ducheny — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Dutton — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Hollingsworth — Not Voting
Kehoe — Yea
Maldonado — Yea
Price — Yea
Wyland — Nay
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10300
Total 10300
% of votes cast 77%23%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Yea
Runner — Nay
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Kehoe — Yea
Wyland — Nay
Cox — Nay
Denham — Yea

Official roll call →

AB 311 MA Assembly Third Reading

Passed 72 Yea · 4 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 654015
Democratic 5000
Republican 2001
Total 724016
% of votes cast 78%4%0%17%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Ammiano — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Nielsen — Yea
Ruskin — Yea
Saldana — Yea
Audra — Yea
Yamada — Yea
Fletcher — Not Voting
Gaines — Not Voting
Cook — Not Voting
Gilmore — Not Voting
Jeffries — Not Voting
Logue — Not Voting
Nestande — Not Voting
Bass — Yea
Duvall — Not Voting
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Adams — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hernandez — Yea
Huffman — Yea
Ma — Yea
Miller — Nay
Monning — Yea
Price — Yea
Silva — Not Voting
Solorio — Yea
Torres — Not Voting
Villines — Not Voting
Emmerson — Not Voting
Eng — Yea
Evans — Yea
DeVore — Nay
Garrick — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16102
Democratic 1000
Republican 1000
Total 18102
% of votes cast 86%5%0%10%
How each member voted (21)
Member Party Vote
Duvall — Yea
Fuentes — Yea
Charles — Yea
Hall — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Miller — Not Voting
Price — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Not Voting
Nielsen — Nay
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

What does AB 311 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 2014–15 fiscal year and the December 31, 2010, repeal date to December 31, 2014, for the above-described provisions relating to the determination of the value and taxation of certificated aircraft. This bill would incorporate additional changes in Section 441 of the Revenue and Taxation Code proposed by AB 852, to be operative only if AB 852 and this bill are both enacted and become effective on or before January 1, 2010, both bills amend Section 441, and this bill is enacted after AB 852. 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 311?
AB 311 is sponsored by Ma.
What is the current status of AB 311?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 311?
Track AB 311 free on One Click Politics — get push/email alerts when it moves.

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