California 2009-2010 Regular Session Status: To Executive

AB 823 — Smog check: vehicle repair assistance.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. Existing law provides for a repair assistance program available to an individual whose maximum income level is 185% of the federal poverty level, or 225% of the federal poverty level if a certain determination is made, and who is the owner of a motor vehicle that has failed a smog check inspection or received a notice to correct, or an individual who has failed a smog check inspection and is directed to a test-only facility. This bill would make the repair assistance program available only to low-income individuals whose income does not exceed 225% of the federal poverty level, as specified. The bill would make other conforming changes, and delete obsolete provisions of law.

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 1:30 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 57. Noes 22. Page 3098.)

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

  7. Read third time, passed, and to Assembly. (Ayes 23. Noes 10. Page 2110.)

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

  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 7. Noes 3.) (July 7).

  14. In committee: Hearing postponed by committee.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  16. Referred to Com. on T. & H.

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

  18. Read third time, passed, and to Senate. (Ayes 56. Noes 19. Page 2023.)

  19. Read third time, amended, and returned to third reading. (Ayes 49. Noes 28. Page 1933.).

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

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

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 13).

  26. Re-referred to Com. on TRANS.

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

  28. Referred to Com. on TRANS.

  29. From printer. May be heard in committee March 30.

  30. Read first time. To print.

Sponsors

  • Hill · Primary
  • Jeffries · Cosponsor
  • Nestande · Cosponsor
  • Solorio · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Hill

Co-sponsors (3)

  • Jeffries
  • Nestande
  • Solorio

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 823 HILL Concurrence in Senate Amendments

Passed 66 Yea · 25 Nay
Party YeaNayPresentNot Voting
Unaffiliated 612400
Democratic 3000
Republican 2100
Total 662500
% of votes cast 73%27%0%0%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Coto — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Hall — 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
Ammiano — Yea
Block — Yea
Davis — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Garrick — Nay
Fletcher — Nay
Yamada — Yea
Audra — Nay
Cook — Nay
Harkey — Nay
Knight — Nay
Duvall — Nay
Miller — Nay
Nielsen — Nay
Bass — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Nay
Beall — Yea
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Nay
Krekorian — Yea
Logue — Nay
Ma — Yea
Nestande — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
DeVore — Nay
Fuentes — Yea
Fuller — Nay
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
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 Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB823 Hill By Yee

Passed 24 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 23906
Democratic 1001
Republican 0100
Total 241007
% of votes cast 59%24%0%17%
How each member voted (41)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Runner — Not Voting
Hollingsworth — Not Voting
Ducheny — Not Voting
Kehoe — Yea
Ashburn — Nay
Benoit — Not Voting
Dutton — Nay
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Huff — Nay
Liu — Yea
Maldonado — Yea
Wiggins — Yea
Cedillo — Yea
Wyland — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
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
Hancock — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Runner — Nay
Oropeza — Yea
Wolk — Yea
Price — Yea
Walters — Nay
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
Corbett — Yea
Cox — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Kehoe — Yea
Oropeza — Yea
Walters — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Denham — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Hollingsworth — Nay
Lowenthal — Yea
Ashburn — Nay
Kehoe — Yea
Oropeza — Not Voting
Simitian — Yea
Harman — Yea
Huff — Nay
Pavley — Yea
Wolk — Yea
DeSaulnier — Yea

Official roll call →

AB 823 HILL Assembly Third Reading

Passed 64 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 602105
Democratic 2001
Republican 2100
Total 642206
% of votes cast 70%24%0%7%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Coto — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Yamada — Not Voting
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Garrick — Nay
Fletcher — Nay
Audra — Nay
Hagman — Nay
Charles — Not Voting
Huber — Yea
Huffman — Yea
Knight — Nay
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Anderson — Nay
DeVore — Nay
Duvall — Nay
Monning — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Bass — Yea
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hernandez — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
Fuentes — Yea
Fuller — Not Voting
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
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 Nay

Official roll call →

AB 823 HILL Assembly Third Reading Amend By HILL Set #1

Passed 58 Yea · 31 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 542903
Democratic 3000
Republican 1200
Total 583103
% of votes cast 63%34%0%3%
How each member voted (92)
Member Party Vote
Bill — Nay
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Hill — 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
Huffman — Yea
Lieu — Yea
Adams — Nay
Anderson — Nay
Beall — Yea
Blumenfield — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tom — Nay
Fletcher — Nay
Audra — Nay
Conway — Nay
Gilmore — Nay
Hagman — Nay
Huber — Not Voting
Cook — Nay
Duvall — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Villines — Nay
Ammiano — Yea
Bass — Yea
Blakeslee — Nay
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Nestande — Not Voting
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Emmerson — Nay
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
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 Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%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 — Nay
Harkey — Nay
Krekorian — Yea
Duvall — Nay
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11103
Democratic 1000
Republican 1000
Total 13103
% of votes cast 76%6%0%18%
How each member voted (17)
Member Party Vote
Conway — Not Voting
Eng — Yea
Furutani — Yea
Galgiani — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Miller — Nay
Solorio — Yea
Torlakson — Yea
Blumenfield — Yea
Buchanan — Yea
Jeffries — Not Voting
Garrick — Not Voting
Lowenthal, Josh Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety environment transportation
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Frequently asked questions

What does AB 823 do?
Existing law establishes a motor vehicle inspection and maintenance (smog check) program, developed, implemented, and administered by the Department of Consumer Affairs. The duty of enforcing and administering the program is vested in the Chief of the Bureau of Automotive Repair within the department. Existing law provides for a repair assistance program available to an individual whose maximum income level is 185% of the federal poverty level, or 225% of the federal poverty level if a certain determination is made, and who is the owner of a motor vehicle that has failed a smog check inspection or received a notice to correct, or an individual who has failed a smog check inspection and is directed to a test-only facility. This bill would make the repair assistance program available only to low-income individuals whose income does not exceed 225% of the federal poverty level, as specified. The bill would make other conforming changes, and delete obsolete provisions of law.
Who sponsors AB 823?
AB 823 is sponsored by Hill, Jeffries, Nestande, and Solorio.
What is the current status of AB 823?
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 823?
Track AB 823 free on One Click Politics — get push/email alerts when it moves.

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