California 2009-2010, 1st Special Session Status: To Executive

SB 11 — User fee: gasoline and diesel fuel.

Last action — Vetoed by Governor.

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

This bill died with 2009-2010, 1st Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 imposes a levy of $0.18 per gallon on motor vehicle fuel, commonly referred to as gasoline, and on diesel fuel. Under Article XIX of the California Constitution, the portion of these revenues that is derived from use in motor vehicles upon public streets and highways is restricted for expenditure on street and highway and certain mass transit guideway purposes. This bill would, commencing April 1, 2009, impose a user fee of $0.39 per gallon on gasoline and $0.31 per gallon on diesel fuel. The bill would require the State Board of Equalization to adjust the amount of the fee every 3 years consistent with the California Consumer Price Index. The bill would require revenues from the fee to be distributed pursuant to specified formulas. The bill would require the State Board of Equalization to administer the user fees in the same manner as the existing $0.18 per gallon levies. Revenues from the fee would be required to be used solely for purposes consistent with the requirements under law for a user fee of this nature. The bill would continuously appropriate the fee revenues deposited in the Motor Vehicle Fuel Account, and would continuously appropriate the portion of fee revenues designated for apportionment by the Controller to cities and counties, as specified, thereby making an appropriation. The bill would enact other related provisions. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled. To Governor at 2:30 p.m.

  3. Senate concurs in Assembly amendments. (Ayes 21. Noes 15. Page 33.) To enrollment.

  4. In Senate.

  5. Read third time. Passed. (Ayes 47. Noes 27. Page 41.) To Senate.

  6. Amended. (Page 35.)

  7. Read second time.

  8. Held at desk.

  9. (Ayes 71. Noes 0. Page 26.)

  10. Art. IV, Sec. 8(b), of Constitution dispensed with.

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

  12. Read third time. Passed. (Ayes 33. Noes 1. Page 12.) To Assembly.

  13. Read second time.

  14. (Ayes 33. Noes 1. Page 8.)

  15. Art. IV, Sec. 8(b), of Constitution dispensed with.

  16. Withdrawn from committee.

  17. Introduced. Read first time. To Com. on RLS.

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

  • Ducheny

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

SB 11 Ducheny Senate Third Reading By EVANS Appeal the Decision of the Chair By DE VORE First Extraordinary Session

Failed 30 Yea · 58 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 285204
Republican 2100
Democratic 0500
Total 305804
% of votes cast 33%63%0%4%
How each member voted (92)
Member Party Vote
Chesbro — Nay
Coto — Nay
Eng — Nay
Davis — Nay
Fuller — Yea
Galgiani — Nay
Garrick — Yea
Gilmore — Yea
Carter — Nay
Emmerson — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Hagman — Yea
Knight — Yea
Gaines — Yea
Audra — Yea
Logue — Yea
Miller — Yea
Charles — Nay
Nestande — Yea
Ammiano — Nay
Anderson — Yea
Beall — Nay
Blakeslee — Yea
DeVore — Yea
Duvall — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Tran — Yea
Villines — Yea
De — Nay
La — Nay
Torre — Nay
De — Nay
Leon — Nay
Yamada — Nay
Bonnie — Nay
V. — Nay
Manuel — Nay
Perez — Nay
John — Nay
A. — Nay
Perez — Nay
Portantino — Nay
Salas — Nay
Saldana — Nay
Fletcher — Not Voting
Cook — Not Voting
Evans — Nay
Feuer — Nay
Fuentes — Nay
Furutani — Nay
Hall — Nay
Hayashi — Nay
Hernandez — Nay
Bass — Nay
Huber — Not Voting
Huffman — Nay
Jeffries — Not Voting
Krekorian — Nay
Mendoza — Nay
Monning — Nay
Nava — Nay
Ruskin — Nay
Swanson — Nay
Torlakson — Nay
Torrico — Nay
Adams — Yea
Block — Nay
Blumenfield — Nay
Brownley — Nay
Buchanan — Nay
Harkey — Yea
Hill — Nay
Lieu — Nay
Ma — Nay
Price — Nay
Skinner — Nay
Torres — Nay
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Nay
Fong, Mike Democratic Nay
Lowenthal, Josh Democratic Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB11 Ducheny Concurrence

Passed 21 Yea · 15 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 181404
Democratic 3000
Republican 0100
Total 211504
% of votes cast 53%38%0%10%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Cedillo — Yea
Hancock — Yea
Harman — Nay
Huff — Nay
Cogdill — Nay
Kehoe — Yea
Leno — Yea
McLeod — Not Voting
Oropeza — Yea
Runner — Nay
Negrete — Not Voting
Corbett — Yea
Romero — Not Voting
Simitian — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Ashburn — Nay
Benoit — Nay
Correa — Nay
Ducheny — Yea
Dutton — Nay
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Liu — Yea
Maldonado — Nay
Pavley — Yea
Steinberg — Yea
Wiggins — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 11 Ducheny Senate Third Reading By EVANS First Extraordinary Session

Passed 54 Yea · 30 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 482808
Democratic 5000
Republican 1200
Total 543008
% of votes cast 59%33%0%9%
How each member voted (92)
Member Party Vote
Emmerson — Nay
Coto — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Gilmore — Nay
Evans — Yea
Fuentes — Yea
Carter — Yea
Chesbro — Yea
Furutani — Yea
Hall — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Bill — Nay
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Nava — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Gaines — Nay
Audra — Nay
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Garrick — Nay
Conway — Nay
Cook — Not Voting
Hagman — Nay
Harkey — Nay
Blakeslee — Nay
DeVore — Nay
Duvall — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Not Voting
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Huber — Not Voting
Krekorian — Yea
Monning — Yea
Price — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Torlakson — Yea
Villines — Nay
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 →

W/O REF. TO FILE SB11 Ducheny

Passed 34 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30105
Democratic 3000
Republican 1000
Total 34105
% of votes cast 85%3%0%13%
How each member voted (40)
Member Party Vote
Cedillo — Yea
Wyland — Not Voting
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Yee — Yea
Hancock — Yea
Ashburn — Nay
Benoit — Yea
Cogdill — Yea
Ducheny — Yea
Dutton — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Not Voting
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Negrete — Yea
Runner — Not Voting
Aanestad — Yea
Alquist — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Wiggins — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation transportation
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Frequently asked questions

What does SB 11 do?
Existing law imposes a levy of $0.18 per gallon on motor vehicle fuel, commonly referred to as gasoline, and on diesel fuel. Under Article XIX of the California Constitution, the portion of these revenues that is derived from use in motor vehicles upon public streets and highways is restricted for expenditure on street and highway and certain mass transit guideway purposes. This bill would, commencing April 1, 2009, impose a user fee of $0.39 per gallon on gasoline and $0.31 per gallon on diesel fuel. The bill would require the State Board of Equalization to adjust the amount of the fee every 3 years consistent with the California Consumer Price Index. The bill would require revenues from the fee to be distributed pursuant to specified formulas. The bill would require the State Board of Equalization to administer the user fees in the same manner as the existing $0.18 per gallon levies. Revenues from the fee would be required to be used solely for purposes consistent with the requirements under law for a user fee of this nature. The bill would continuously appropriate the fee revenues deposited in the Motor Vehicle Fuel Account, and would continuously appropriate the portion of fee revenues designated for apportionment by the Controller to cities and counties, as specified, thereby making an appropriation. The bill would enact other related provisions. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.
Who sponsors SB 11?
SB 11 is sponsored by Ducheny.
What is the current status of SB 11?
This bill died with 2009-2010, 1st Special 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 SB 11?
Track SB 11 free on One Click Politics — get push/email alerts when it moves.

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