California 2009-2010 Regular Session Status: To Executive 1 D cosponsors

AB 852 — Property taxation: statement.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 law requires taxpayers that meet certain criteria to file a signed property statement with the county assessor. Existing law authorizes the county assessor to refuse to accept any property statement that he or she determines to be in error. This bill would authorize the county assessor to refuse to accept any property statement that is not in the requested format, and would require the assessor, if he or she refuses to accept a property statement that is not in the requested format, as provided, to notify the taxpayer that he or she may file an amended property statement that is in the requested format without incurring a penalty, as provided. This bill would also authorize the assessor to require the electronic filing of a property statement, as provided, and would require the county assessor, if he or she requires a property statement to be filed electronically, to notify the taxpayer, in writing, of this requirement. This bill would authorize a county assessor to apply a penalty on a taxpayer, as provided, if a taxpayer fails to file a property statement electronically. This bill would require the State Board of Equalization to adopt equipment category codes, as specified, and would require taxpayers filing a property statement electronically to use the equipment category codes, as specified. This bill would incorporate additional changes in Section 441 of the Revenue and Taxation Code proposed by AB 311, to be operative only if AB 311 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 311.

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 11:30 a.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 50. Noes 26. Page 3222.)

  6. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  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 22. Noes 14. Page 2162.)

  9. Read second time. To third reading.

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

  11. Read second time. To third reading.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

  14. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 8).

  15. 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.

  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 52. Noes 27. Page 1743.)

  19. Read second time. To third reading.

  20. From committee: Do pass. (Ayes 12. Noes 3.) (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 6. Noes 1.) (April 27).

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

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

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

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

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

  29. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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 852 FONG Concurrence in Senate Amendments

Passed 59 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 552604
Democratic 3000
Republican 1200
Total 592804
% of votes cast 65%31%0%4%
How each member voted (91)
Member Party Vote
Hall — Yea
Evans — Yea
Carter — Yea
Chesbro — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — 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
Block — Yea
Coto — Yea
Hill — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Conway — Nay
Tom — Nay
Fuller — Nay
Fletcher — Nay
Audra — Nay
Bill — Not Voting
Cook — Nay
Garrick — Nay
Hagman — Nay
Jeffries — Nay
Knight — Nay
Mendoza — Not Voting
Bass — Yea
Blakeslee — Nay
Duvall — Not Voting
Miller — Nay
Silva — Nay
Smyth — Nay
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Nay
Huffman — Yea
Logue — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
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 Nay

Official roll call →

Assembly 3rd Reading AB852 Fong By Alquist

Passed 23 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221303
Republican 0100
Democratic 1001
Total 231404
% of votes cast 56%34%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Wyland — Nay
Corbett — Yea
Ducheny — Nay
Lowenthal — Yea
Negrete — Yea
Dutton — Nay
Hancock — Yea
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Yea
Benoit — Nay
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Kehoe — Yea
Maldonado — Nay
Price — Yea
Walters — Nay
Wright — Yea
Cogdill — Not Voting
Correa — Yea
Cox — Nay
DeSaulnier — Not Voting
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 852 FONG Assembly Third Reading

Passed 61 Yea · 30 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 552801
Democratic 5000
Republican 1200
Total 613001
% of votes cast 66%33%0%1%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hall — Yea
Harkey — Yea
Hernandez — 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
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Hill — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Davis — Yea
DeVore — Nay
Duvall — Nay
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Gaines — Nay
Audra — Nay
Saldana — Not Voting
Garrick — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Krekorian — Yea
Mendoza — Yea
Miller — Nay
Nielsen — Nay
Price — Yea
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Yamada — Yea
Fuentes — Yea
Fuller — Nay
Gilmore — 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 Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15301
Democratic 1000
Republican 0100
Total 16401
% of votes cast 76%19%0%5%
How each member voted (21)
Member Party Vote
Hall — Yea
Davis — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Harkey — Yea
Price — Yea
Skinner — Yea
Audra — Nay
Duvall — Nay
Ammiano — Yea
Miller — Not Voting
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation
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Frequently asked questions

What does AB 852 do?
Existing law requires taxpayers that meet certain criteria to file a signed property statement with the county assessor. Existing law authorizes the county assessor to refuse to accept any property statement that he or she determines to be in error. This bill would authorize the county assessor to refuse to accept any property statement that is not in the requested format, and would require the assessor, if he or she refuses to accept a property statement that is not in the requested format, as provided, to notify the taxpayer that he or she may file an amended property statement that is in the requested format without incurring a penalty, as provided. This bill would also authorize the assessor to require the electronic filing of a property statement, as provided, and would require the county assessor, if he or she requires a property statement to be filed electronically, to notify the taxpayer, in writing, of this requirement. This bill would authorize a county assessor to apply a penalty on a taxpayer, as provided, if a taxpayer fails to file a property statement electronically. This bill would require the State Board of Equalization to adopt equipment category codes, as specified, and would require taxpayers filing a property statement electronically to use the equipment category codes, as specified. This bill would incorporate additional changes in Section 441 of the Revenue and Taxation Code proposed by AB 311, to be operative only if AB 311 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 311.
Who sponsors AB 852?
AB 852 is sponsored by Fong, Mike (Democratic).
What is the current status of AB 852?
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 852?
Track AB 852 free on One Click Politics — get push/email alerts when it moves.

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