California 2009-2010 Regular Session Status: Enacted

AB 94 — Natural Heritage Preservation Tax Credit Act of 2000.

Last action — Chaptered by Secretary of State - Chapter 220, Statutes of 2009.

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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 January 06, 2009. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 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) Under the Natural Heritage Preservation Tax Credit Act of 2000, property may be contributed to departments, as defined, any local government, or any nonprofit organization designated by a local government or department, based on specified criteria, in order to provide for the protection of wildlife habitat, open space, and agricultural lands. The act defines "donee" as a department within the Natural Resources Agency to which a donor has applied to donate property, a local government requesting approval of a donation of property to it, or a designated nonprofit organization. This bill would expand the definition of "donee" to include a local government that has submitted an application directly to the Wildlife Conservation Board. The bill would make related changes. (2) The act limits the total amount of tax credits to $100,000,000 and prohibits tax credits from being awarded after the 2007–08 fiscal year without further statutory authorization. This bill, instead, would prohibit tax credits from being awarded after the 2014–15 fiscal year without further statutory authorization, and would delete the monetary limit on the award of tax credits pursuant to the act. (3) Existing law provides that, whenever a program or project to be undertaken by a public entity will result in the displacement of a person, the displaced person, as defined, is entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary. This bill would exclude as a displaced person, for those purposes, a person displaced by willingly donating or selling his or her property for the purposes of protecting fish and wildlife habitat, providing recreation areas, or preserving cultural or agricultural resources and open space, or any person who occupies on a rental basis the property donated or sold. The bill would provide that this exclusion does not apply when a sale is in response to an eminent domain proceeding.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 220, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 67. Noes 9. Page 3182.)

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

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

  7. Read third time, passed, and to Assembly. (Ayes 24. Noes 12. Page 2175.)

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

  9. From committee: Amend, and do pass as amended. (Ayes 8. Noes 5.) (August 27).

  10. In committee: Placed on Appropriations suspense file.

  11. (Corrected August 19.)

  12. Read second time, amended, and re-referred to Com. on APPR.

  13. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (July 8).

  14. From committee: Do pass, and re-refer to Com. on REV. & TAX. Re-referred. (Ayes 7. Noes 3.) (June 23).

  15. Referred to Coms. on N.R. & W. and REV. & TAX.

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

  17. Read third time, passed, and to Senate. (Ayes 70. Noes 7. Page 1869.)

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 13. Noes 4.) (May 28).

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

  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 13).

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

  25. From printer. May be heard in committee February 6.

  26. Read first time. To print.

Sponsors

  • Evans · Primary
  • Monning · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 4 voted No

Sponsors (1)

  • Evans

Co-sponsors (1)

  • Monning

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 94 EVANS Concurrence in Senate Amendments

Passed 78 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 73903
Democratic 3000
Republican 2100
Total 781003
% of votes cast 86%11%0%3%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Adams — Yea
Beall — Yea
Coto — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Tom — Nay
Yamada — Yea
Duvall — Not Voting
Hagman — Nay
Anderson — Nay
Bass — Yea
Miller — Not Voting
Nestande — Nay
Ruskin — Yea
Silva — Yea
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Jeffries — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
A. — Yea
Emmerson — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
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 AB94 Evans By Wolk

Passed 25 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 231104
Democratic 2000
Republican 0100
Total 251204
% of votes cast 61%29%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Nay
Corbett — Yea
Ducheny — Yea
Florez — Not Voting
Lowenthal — Yea
Negrete — Yea
Dutton — Nay
Harman — Not Voting
Hollingsworth — Not Voting
Huff — Nay
Kehoe — Yea
Runner — Nay
Liu — Yea
Maldonado — Yea
Ashburn — Nay
Benoit — Nay
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Leno — Yea
Oropeza — Yea
Wyland — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8500
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Nay
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Nay
Wolk — Yea
Wyland — Nay
Cox — Nay
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Corbett — Yea
Kehoe — Yea
Oropeza — Yea
Walters — Yea
Wolk — Yea
Leno — Yea
Price — Yea
Wyland — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 94 EVANS Assembly Third Reading

Passed 81 Yea · 8 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 76703
Democratic 3000
Republican 2100
Total 81803
% of votes cast 88%9%0%3%
How each member voted (92)
Member Party Vote
Adams — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Beall — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tom — Nay
Yamada — Yea
Conway — Nay
Garrick — Not Voting
Hagman — Nay
Anderson — Nay
Bass — Yea
Duvall — Not Voting
Villines — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
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 18 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16400
Democratic 1000
Republican 1000
Total 18400
% of votes cast 82%18%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Fuentes — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Davis — Yea
Harkey — Nay
Ammiano — Yea
Duvall — Nay
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation environment agriculture
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Frequently asked questions

What does AB 94 do?
(1) Under the Natural Heritage Preservation Tax Credit Act of 2000, property may be contributed to departments, as defined, any local government, or any nonprofit organization designated by a local government or department, based on specified criteria, in order to provide for the protection of wildlife habitat, open space, and agricultural lands. The act defines "donee" as a department within the Natural Resources Agency to which a donor has applied to donate property, a local government requesting approval of a donation of property to it, or a designated nonprofit organization. This bill would expand the definition of "donee" to include a local government that has submitted an application directly to the Wildlife Conservation Board. The bill would make related changes. (2) The act limits the total amount of tax credits to $100,000,000 and prohibits tax credits from being awarded after the 2007–08 fiscal year without further statutory authorization. This bill, instead, would prohibit tax credits from being awarded after the 2014–15 fiscal year without further statutory authorization, and would delete the monetary limit on the award of tax credits pursuant to the act. (3) Existing law provides that, whenever a program or project to be undertaken by a public entity will result in the displacement of a person, the displaced person, as defined, is entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary. This bill would exclude as a displaced person, for those purposes, a person displaced by willingly donating or selling his or her property for the purposes of protecting fish and wildlife habitat, providing recreation areas, or preserving cultural or agricultural resources and open space, or any person who occupies on a rental basis the property donated or sold. The bill would provide that this exclusion does not apply when a sale is in response to an eminent domain proceeding.
Who sponsors AB 94?
AB 94 is sponsored by Evans and Monning.
What is the current status of AB 94?
This bill has been enacted into law. Introduced January 06, 2009. Enacted.
Where can I track AB 94?
Track AB 94 free on One Click Politics — get push/email alerts when it moves.

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