California 2009-2010 Regular Session Status: Enacted

AB 308 — Property tax revenue allocations: state-assessed property.

Last action — Chaptered by Secretary of State - Chapter 433, 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 17, 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 13 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) The California Constitution requires the State Board of Equalization to assess the property, other than franchises, of companies transmitting or selling gas or electricity. Existing property tax law provides for the valuation, as a unit, of properties of a state assessee that are operated as a unit as a primary function of that assessee, and for the allocation of the assessed value of the unit among various counties in which the state‑assessee's unitary property is located. Existing law also provides, pursuant to specified formulas, for the application in each county of specified tax rates to unitary assessed value, and for the allocation among jurisdictions in that county of the resulting revenues. This bill would, for the 2010–11 fiscal year and for each fiscal year thereafter, require the assessed value of specified property that is located within a redevelopment project area of a joint powers authority be allocated exclusively to the county in which the facility is located, and that the revenues derived from the assessment of this property be allocated in the same percentage shares as revenues derived from locally assessed property among the jurisdictions in which the property is located, as provided. This bill would authorize the State Board of Equalization to amend the tax rolls for the 2010–11 fiscal year in order to provide these allocations. This bill would also make conforming changes to related provisions. (2) This bill would make legislative findings and declarations as to the necessity of a special statute. (3) This bill would also incorporate additional changes in Section 100 of the Revenue and Taxation Code, proposed by SB 1398, to be operative if SB 1398 and this bill are both enacted and become effective on or before January 1, 2011, and this bill is enacted last. (4) By establishing new duties with respect to the annual allocation of property tax revenues derived from state‑assessed property, this bill would create 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. (5) This bill would change the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county, within the meaning of paragraph (3) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (6) 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 433, Statutes of 2010.

  2. Approved by the Governor.

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

  4. (Corrected September 9.)

  5. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6792.)

  6. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 16. Noes 0.) (August 26).

  7. Joint Rule 62(a), file notice suspended. (Page 6732.)

  8. From committee: With recommendation: That Senate amendments be concurred in, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (August 25).

  9. Joint Rule 62(a), file notice suspended. (Page 6691.)

  10. Joint Rule 62(a), file notice suspended. (Page 6608.)

  11. Re-referred to Coms. on L. GOV. and APPR. pursuant to Asssembly Rule 77.2.

  12. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  13. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 36. Noes 0. Page 4791.)

  14. Read second time. To third reading.

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

  16. Read second time. To third reading.

  17. Received August 13 pursuant to JR 61(b)(14).

  18. From committee: Do pass. (Ayes 11. Noes 0.) (August 12).

  19. In committee: Placed on APPR suspense file.

  20. In committee: Hearing postponed by committee.

  21. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 30).

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

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

  24. Re-referred to Com. on RLS.

  25. Withdrawn from committee.

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

  27. In committee: Held under submission.

  28. In committee: Placed on Appropriations suspense file.

  29. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 0.) (June 16).

  30. Referred to Com. on E., R., & C.A.

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

  32. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 1440.)

  33. Read third time, amended, and returned to third reading. (Page 1354.).

  34. Read second time. To third reading.

  35. From committee: Do pass. (Ayes 15. Noes 0.) (April 29).

  36. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (March 31).

  37. Referred to Com. on E. & R.

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

  39. Read first time. To print.

Sponsors

  • Carter · Cosponsor
  • Cook · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Cook

Co-sponsors (1)

  • Carter

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 308 COOK Concurrence- Urgency Added

Passed 86 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 80004
Republican 3000
Total 86004
% of votes cast 96%0%0%4%
How each member voted (90)
Member Party Vote
Ammiano — Yea
Anderson — Yea
Carter — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Tran — Yea
John — Yea
A. — Yea
Perez — Yea
Yamada — Yea
Gilmore — Not Voting
Norby — Not Voting
Torlakson — Not Voting
Villines — Yea
Adams — Yea
Bass — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torrico — Yea
Eng — Not Voting
Evans — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — 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 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17001
Democratic 1000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Conway — Yea
Charles — Yea
De — Yea
Leon — Yea
Coto — Yea
Hall — Yea
Harkey — Yea
Norby — Not Voting
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Assembly 3rd Reading AB308 Cook Urgency Clause

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Ashburn — Yea
Blakeslee — Yea
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Liu — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

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
Corbett — Yea
Leno — Yea
Ashburn — Yea
Price — Yea
Alquist — Yea
Kehoe — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

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
Corbett — Yea
Leno — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Wyland — Yea
Emmerson — Yea

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
Wyland — Yea
Runner — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Kehoe — Yea
Walters — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 308 COOK Assembly Third Reading

Passed 86 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 78006
Democratic 5000
Republican 3000
Total 86006
% of votes cast 93%0%0%7%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Jeffries — Yea
Fletcher — Yea
Bonnie — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Duvall — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Yamada — Yea
Gaines — Not Voting
Saldana — Not Voting
Fuentes — Not Voting
Nestande — Yea
Price — Yea
Ruskin — Yea
Bass — Yea
Silva — Yea
Skinner — Not Voting
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Not Voting
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Yea
Nielsen — Yea
Smyth — Not Voting
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
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 Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
Duvall — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Harkey — Yea
Krekorian — Yea
Miller — Yea
Nielsen — Yea
Price — Yea
Skinner — Not Voting
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Monning — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation housing
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Frequently asked questions

What does AB 308 do?
(1) The California Constitution requires the State Board of Equalization to assess the property, other than franchises, of companies transmitting or selling gas or electricity. Existing property tax law provides for the valuation, as a unit, of properties of a state assessee that are operated as a unit as a primary function of that assessee, and for the allocation of the assessed value of the unit among various counties in which the state‑assessee's unitary property is located. Existing law also provides, pursuant to specified formulas, for the application in each county of specified tax rates to unitary assessed value, and for the allocation among jurisdictions in that county of the resulting revenues. This bill would, for the 2010–11 fiscal year and for each fiscal year thereafter, require the assessed value of specified property that is located within a redevelopment project area of a joint powers authority be allocated exclusively to the county in which the facility is located, and that the revenues derived from the assessment of this property be allocated in the same percentage shares as revenues derived from locally assessed property among the jurisdictions in which the property is located, as provided. This bill would authorize the State Board of Equalization to amend the tax rolls for the 2010–11 fiscal year in order to provide these allocations. This bill would also make conforming changes to related provisions. (2) This bill would make legislative findings and declarations as to the necessity of a special statute. (3) This bill would also incorporate additional changes in Section 100 of the Revenue and Taxation Code, proposed by SB 1398, to be operative if SB 1398 and this bill are both enacted and become effective on or before January 1, 2011, and this bill is enacted last. (4) By establishing new duties with respect to the annual allocation of property tax revenues derived from state‑assessed property, this bill would create 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. (5) This bill would change the pro rata shares in which ad valorem property tax revenues are allocated among local agencies in a county, within the meaning of paragraph (3) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 308?
AB 308 is sponsored by Carter and Cook.
What is the current status of AB 308?
This bill has been enacted into law. Introduced February 17, 2009. Enacted.
Where can I track AB 308?
Track AB 308 free on One Click Politics — get push/email alerts when it moves.

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