California 2011-2012 Regular Session Status: Passed Assembly

AB 404 — Local government: county assessors: property tax agents and property tax agent firms.

Last action — Reconsideration granted. (Ayes 35. Noes 0. Page 4976.)

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides for the governance of counties. Existing law sets forth the powers and duties of the officers of a county and the board of supervisors. Existing law sets forth the qualifications of the county assessor, as specified. Existing constitutional provisions authorize the establishment of an assessment appeals board of a county. This bill would, in a county that regulates lobbying before the board of supervisors by ordinance, require the board to adopt an ordinance to regulate property tax agents and property tax agent firms. The bill would require the ordinance to include specific provisions, including, but not limited to, annual registration and a prohibition against property tax agents and property tax agent firms from making any political contributions to an elected county assessor or a candidate for county assessor within that county. The bill would authorize the board to impose a reasonably necessary fee to cover the costs to regulate the activities of property tax agents and property tax agent firms. By adding to the duties of a county, the bill would impose a state-mandated local program. The bill would provide that its provisions do not apply to property owners, and are not to be construed to prohibit a tax agent from charging a contingency fee, as specified. 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.

Bill Text

Action History

  1. Reconsideration granted. (Ayes 35. Noes 0. Page 4976.)

  2. Motion to reconsider made by Senator Leno.

  3. Read third time. Refused passage. (Ayes 13. Noes 19. Page 4976.).

  4. Read second time. Ordered to third reading.

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

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

  7. From committee: Do pass as amended. (Ayes 5. Noes 2.) (August 16).

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

  9. In committee: Referred to APPR. suspense file.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (July 3).

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

  13. In committee: Hearing postponed by committee.

  14. In committee: Hearing postponed by committee.

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

  16. Re-referred to Com. on GOV. & F.

  17. Re-referred to Com. on RLS.

  18. Withdrawn from committee.

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

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

  21. Re-referred to Com. on ED.

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

  23. Referred to Com. on RLS.

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

  25. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1663.)

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 17. Noes 0.) (May 27).

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

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (May 4). Re-referred to Com. on APPR.

  30. From committee: Be re-referred to Com. on G.O. Re-referred. (Ayes 9. Noes 0.) (April 28). Re-referred to Com. on G.O.

  31. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  32. Re-referred to Com. on APPR.

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

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

  35. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 29). Re-referred to Com. on APPR.

  36. Re-referred to Com. on HIGHER ED.

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

  38. Referred to Com. on HIGHER ED.

  39. From printer. May be heard in committee March 17.

  40. Read first time. To print.

Sponsors

  • Gatto · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Gatto

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Republican 1000
Democratic 2000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Fuller — Yea
Lowenthal — Yea
De León — Yea
Hancock — Not Voting
Negrete McLeod — Yea
Hernandez — Yea
Rubio — Yea
Huff — Yea
Cannella — Yea
Kehoe — Yea
Blakeslee — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Not Voting
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Runner — Not Voting
Alquist — Yea
Anderson — Yea
Harman — Yea
Lieu — Not Voting
Steinberg — Yea
Wolk — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Failed 13 Yea · 19 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 131707
Republican 0100
Democratic 0101
Total 131908
% of votes cast 33%48%0%20%
How each member voted (40)
Member Party Vote
Yee — Nay
Wyland — Not Voting
Cannella — Nay
Fuller — Nay
Corbett — Yea
Hancock — Not Voting
Harman — Nay
Negrete McLeod — Yea
Lowenthal — Yea
Hernandez — Yea
Correa — Nay
De León — Yea
Huff — Nay
Kehoe — Not Voting
Rubio — Nay
Runner — Not Voting
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Leno — Yea
Lieu — Not Voting
Price — Yea
Simitian — Yea
Vargas — Nay
Wright — Nay
Alquist — Yea
Liu — Yea
Pavley — Not Voting
Steinberg — Not Voting
Walters — Nay
Wolk — Yea
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Kehoe — Yea
Lieu — Yea
Dutton — Nay
Price — Yea
Steinberg — Yea
Alquist — Yea
Walters — Nay

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Dutton — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Lieu — Yea

Official roll call →

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Republican 1001
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Halderman — Not Voting
Feuer — Yea
Butler — Yea
Fuentes — Yea
Carter — Yea
Garrick — Yea
Gatto — Yea
Fong — Yea
Cedillo — Yea
Allen — Yea
Huber — Yea
Alejo — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Yamada — Yea
Fletcher — Yea
Galgiani — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Hall — Yea
Harkey — Yea
Jeffries — Yea
Lara — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Davis — Yea
Donnelly — Not Voting
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Torres — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Campos — Yea
Solorio — Yea
Davis — Yea
Donnelly — Yea
Blumenfield — Yea
Bradford — Yea
Norby — Yea
Wagner — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Garrick — Yea
Chesbro — Yea
Cook — Yea
Nestande — Yea
Silva — Yea
Atkins — Yea
Hill — Yea
Torres — Yea
Block — Yea
Blumenfield — Yea
Jeffries — Yea
Ma — Yea
Perea — Yea
Galgiani — Yea
Gatto — Yea
V. Manuel Pérez — Yea

Official roll call →

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Hagman — Yea
Butler — Yea
Carter — Yea
Donnelly — Yea
Hueso — Not Voting
Knight — Yea
Silva — Yea
Williams — Yea
Alejo — Yea
Skinner — Yea
Davis — Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 404 do?
Existing law provides for the governance of counties. Existing law sets forth the powers and duties of the officers of a county and the board of supervisors. Existing law sets forth the qualifications of the county assessor, as specified. Existing constitutional provisions authorize the establishment of an assessment appeals board of a county. This bill would, in a county that regulates lobbying before the board of supervisors by ordinance, require the board to adopt an ordinance to regulate property tax agents and property tax agent firms. The bill would require the ordinance to include specific provisions, including, but not limited to, annual registration and a prohibition against property tax agents and property tax agent firms from making any political contributions to an elected county assessor or a candidate for county assessor within that county. The bill would authorize the board to impose a reasonably necessary fee to cover the costs to regulate the activities of property tax agents and property tax agent firms. By adding to the duties of a county, the bill would impose a state-mandated local program. The bill would provide that its provisions do not apply to property owners, and are not to be construed to prohibit a tax agent from charging a contingency fee, as specified. 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.
Who sponsors AB 404?
AB 404 is sponsored by Gatto.
What is the current status of AB 404?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 404?
Track AB 404 free on One Click Politics — get push/email alerts when it moves.

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