California 2011-2012 Regular Session Status: Passed Senate

SB 1040 — Fire prevention: fees.

Last action — From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law requires the state to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas. Existing law requires the board to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area. The board is required to adjust the fire prevention fee annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed. Existing law requires the Department of Forestry and Fire Protection to annually transmit to the State Board of Equalization the appropriate names and addresses of persons who are liable for the fire prevention fee and the amount of the fire prevention fee to be assessed by the State Board of Equalization. Existing law establishes the State Responsibility Area Fire Prevention Fund and requires the fire prevention fees collected, except that portion retained by the State Board of Equalization, to be deposited into the fund and to be available, upon appropriation by the Legislature, for specified fire prevention activities, which would benefit the owners of structures in state responsibility areas who are subject to the fire prevention fee, including, but not limited to, covering startup costs, and for the costs of administration, as specified. Existing law requires the State Board of Equalization to retain and expend, upon appropriation by the Legislature, the funds necessary to pay refunds and for its expenses incurred in collection. Existing law permits a person from whom a fire prevention fee is determined to be due to use an appeals process and, if applicable, a refund process. This bill would repeal the above provisions. (2) The bill would provide that its provisions take effect only upon the enactment of AB 1500 of the 2011–12 Regular Session. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  2. Re-referred to Com. on BUDGET pursuant to Assembly Rule 77.2.

  3. Ordered to third reading.

  4. Read third time and amended. (Ayes 50. Noes 19. Page 6273.)

  5. Assembly Rule 69 suspended. (Page 6273.)

  6. Ordered to third reading.

  7. Withdrawn from committee.

  8. Assembly Rule 96 suspended. (Ayes 50. Noes 26. Page 5460.)

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  10. Referred to Com. on BUDGET.

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 23. Noes 10. Page 2985.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

  14. Ordered to second reading.

  15. Withdrawn from committee. (Ayes 24. Noes 14. Page 2916.)

  16. Referred to Com. on RLS.

  17. From printer. May be acted upon on or after March 8.

  18. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Chesbro · Cosponsor
  • Evans · Primary
  • Nestande · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 5 voted No

Sponsors (1)

  • Evans

Co-sponsors (2)

  • Chesbro
  • Nestande

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

SB 1040 B. & F. R. Senate Third Reading Amend By NESTANDE Set #1

Passed 50 Yea · 19 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 4917011
Democratic 1000
Republican 0200
Total 5019011
% of votes cast 63%24%0%14%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Butler — Yea
Carter — Yea
Cedillo — Yea
Feuer — Yea
Furutani — Yea
Fong — Yea
Allen — Yea
Gatto — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Ammiano — Yea
Davis — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Ma — Yea
Nestande — Yea
Skinner — Yea
Gorell — Nay
Yamada — Yea
Atkins — Yea
Campos — Yea
Halderman — Not Voting
Hall — Not Voting
Bonilla — Not Voting
Harkey — Not Voting
Lara — Yea
Mendoza — Yea
Miller — Nay
Block — Yea
Chesbro — Yea
Conway — Nay
Cook — Not Voting
Monning — Yea
Morrell — Nay
Nielsen — Nay
Olsen — Not Voting
Silva — Not Voting
Smyth — Not Voting
Solorio — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Jeffries — Nay
Knight — Nay
Logue — Nay
Mansoor — Nay
Norby — Not Voting
Pan — Yea
Perea — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Donnelly — Nay
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Not Voting
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading SB1040 Committee on B. & F.R.

Passed 23 Yea · 10 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 211006
Democratic 2000
Republican 0001
Total 231007
% of votes cast 58%25%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cannella — Nay
Corbett — Not Voting
Lowenthal — Yea
De León — Yea
Fuller — Nay
Negrete McLeod — Yea
Rubio — Yea
Correa — Yea
Dutton — Nay
Harman — Nay
Runner — Not Voting
Anderson — Nay
Blakeslee — Nay
Hernandez — Not Voting
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Alquist — Yea
Huff — Nay
Price — Yea
Simitian — Yea
Vargas — Yea
Wyland — Not Voting
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

public-safety finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1040 do?
(1) Existing law requires the state to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas. Existing law requires the board to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area. The board is required to adjust the fire prevention fee annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed. Existing law requires the Department of Forestry and Fire Protection to annually transmit to the State Board of Equalization the appropriate names and addresses of persons who are liable for the fire prevention fee and the amount of the fire prevention fee to be assessed by the State Board of Equalization. Existing law establishes the State Responsibility Area Fire Prevention Fund and requires the fire prevention fees collected, except that portion retained by the State Board of Equalization, to be deposited into the fund and to be available, upon appropriation by the Legislature, for specified fire prevention activities, which would benefit the owners of structures in state responsibility areas who are subject to the fire prevention fee, including, but not limited to, covering startup costs, and for the costs of administration, as specified. Existing law requires the State Board of Equalization to retain and expend, upon appropriation by the Legislature, the funds necessary to pay refunds and for its expenses incurred in collection. Existing law permits a person from whom a fire prevention fee is determined to be due to use an appeals process and, if applicable, a refund process. This bill would repeal the above provisions. (2) The bill would provide that its provisions take effect only upon the enactment of AB 1500 of the 2011–12 Regular Session. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 1040?
SB 1040 is sponsored by Chesbro, Evans, and Nestande.
What is the current status of SB 1040?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” 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 SB 1040?
Track SB 1040 free on One Click Politics — get push/email alerts when it moves.

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