California 2009-2010, 3rd Special Session Status: Passed Assembly

AB 2 — VLF state parks fee: fuel taxes: emergency services surcharge: cigarettes and other tobacco products tax: oil severance tax.

Last action — Died Concurrence pending.

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

This bill died with 2009-2010, 3rd Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 that the Insurance Commissioner, in cooperation with insurers, the Office of Emergency Services, and other emergency service agencies, shall establish procedures for the coordination of efforts between insurers and their representatives and those of emergency response agencies. This bill would create the Emergency Response Fund in the State Treasury. Insureds would be required to pay a special purpose surcharge at a rate of 4.8% (or as adjusted) on commercial and residential fire and multiperil insurance policies, including policies with combined property and liability coverage, issued or renewed on or after January 1, 2010, as specified. Funds from this surcharge would be available for appropriation by the Legislature to fund emergency activities, as defined, of the California Emergency Management Agency, the Department of Forestry and Fire Protection, and the Military Department. Any balance remaining in the fund at the end of a fiscal year would be retained and carried forward to the next fiscal year. This bill would require insurers collecting the surcharge to make a specified disclosure on the policy declarations page, billing statement, or a separate document accompanying the declarations page or billing statement. This bill would also require the Department of Insurance, the Department of Forestry and Fire Protection, and other state agencies and departments to cooperate and provide information to the California Emergency Management Agency as necessary to implement these provisions. The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under the California Constitution and existing law, the fees are deposited into the Vehicle License Fee Account of the Local Revenue Fund in the State Treasury for allocation to cities, counties, and cities and counties. This bill would additionally impose an annual surcharge in the amount of $15 on every vehicle subject to the VLF to sustain the operation and maintenance of the state park system, among other things. The bill would create the State Parks Access Fund in the State Treasury and would require that the $15 surcharge be deposited in this fund to be used for specified purposes by the Department of Parks and Recreation upon appropriation by the Legislature. The Motor Vehicle Fuel License Tax Law imposes a tax of $0.18 per gallon of fuel and requires, if the federal fuel tax is reduced below the rate of $0.09 per gallon and federal financial allocations to this state are reduced or eliminated, that the tax rate be increased so that the combined state and federal tax rate per gallon equals $0.27. The Diesel Fuel Tax Law imposes a tax of $0.18 upon each gallon of fuel, as provided. This bill would eliminate those fuel taxes on October 1, 2009. The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax on every distributor of cigarettes and tobacco products at specified rates, including additional taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Families and Children Act of 1998 (Proposition 10) . That law imposes a tax upon the distribution of tobacco products at a tax rate which is equivalent to the combined rate of all taxes imposed on cigarettes, which is deposited in specified accounts. This bill would, commencing on October 1, 2009, impose an additional excise tax on the distribution of cigarettes at the rate of $0.075 for each cigarette distributed, which would, under Proposition 99, impose an equivalent tax rate on the distribution of tobacco products. This bill would also impose a tax upon the distribution of tobacco products at the same equivalent tax rate, as specified. The bill would impose a floor stock tax and require a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession or under his or her control on that date, as specified, and to remit the tax to the board. The revenues collected from the additional tax, except as specified, would be deposited in the General Fund. Because this bill would impose new requirements under the Cigarette and Tobacco Products Law, the violation of which is a crime, it would impose a state-mandated local program. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an oil severance tax on and after October 1, 2009, upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 9.9% (or as adjusted) of the gross value of each barrel of oil severed. The tax would be administered by the Department of Conservation and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the department to deposit all tax revenues, penalties, and interest collected pursuant to these provisions into the General Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason. 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 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. Died Concurrence pending.

  2. In Assembly. Concurrence in Senate amendments pending.

  3. Read third time, passed, and to Assembly. (Ayes 22. Noes 17. Page 187.)

  4. (Ayes 23. Noes 13. Page 183.)

  5. Senate Rule 29.3 suspended.

  6. Ordered to third reading.

  7. From committee: Do pass. (Ayes 23. Noes 14.) (June 29).

  8. (Ayes 25. Noes 12. Page 182.)

  9. Referred to Com. on B. & F.R.

  10. (Ayes 23. Noes 13. Page 181.)

  11. Read third time and amended.

  12. Read third time, amended, and returned to third reading. (Page 28.).

  13. Ordered returned to third reading.

  14. From committee: Amend, and do pass as amended. (Ayes 23. Noes 13. Page 57.) (February 14).

  15. Re-referred to Com. on B. & F.R.

  16. (Ayes 23. Noes 13. Page 24.)

  17. Senate Rule 29.3 suspended.

  18. Read second time. To third reading.

  19. Withdrawn from committee. Ordered placed on second reading file.

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

  21. Read third time, passed, and to Senate. (Ayes 48. Noes 0. Page 29.)

  22. Withdrawn from committee. Ordered placed on third reading file.

  23. Re-referred to Com. on RULES.

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

  25. Referred to Com. on RULES.

  26. From printer.

  27. Read first time. To print.

Sponsors

  • Evans · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Evans

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

Do pass.

Passed 24 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 3000
Republican 0100
Total 241403
% of votes cast 59%34%0%7%
How each member voted (41)
Member Party Vote
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Cedillo — Yea
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Negrete — Yea
Ducheny — Yea
Liu — Yea
Oropeza — Yea
Wyland — Nay
Runner — Nay
Cogdill — Nay
Correa — Not Voting
Harman — Nay
Huff — Nay
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Not Voting
Aanestad — Not Voting
Alquist — Yea
Hollingsworth — Nay
Maldonado — Nay
McLeod — Yea
Romero — Yea
Walters — Nay
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB2 Evans

Passed 22 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 201700
Democratic 2001
Republican 0100
Total 221801
% of votes cast 54%44%0%2%
How each member voted (41)
Member Party Vote
Wyland — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Cedillo — Yea
Hancock — Yea
Kehoe — Yea
Corbett — Yea
Ducheny — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Negrete — Nay
Runner — Nay
Cogdill — Nay
Hollingsworth — Nay
Huff — Nay
McLeod — Nay
Dutton — Nay
Ashburn — Nay
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Benoit — Nay
Harman — Nay
Leno — Yea
Liu — Yea
Maldonado — Nay
Steinberg — Yea
Wolk — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211203
Democratic 3000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Wyland — Nay
Corbett — Yea
Correa — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Cedillo — Yea
Negrete — Yea
Runner — Nay
Cogdill — Not Voting
Ducheny — Yea
Dutton — Nay
Hancock — Yea
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Leno — Yea
Ashburn — Not Voting
Benoit — Nay
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Walters — Nay
Wiggins — Yea
Aanestad — Nay
Alquist — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Nay
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB2 EVANS Assembly Third Reading Third Extraordinary Session

Passed 56 Yea · 0 Nay · 36 Other
Party YeaNayPresentNot Voting
Unaffiliated 510033
Democratic 4001
Republican 1002
Total 560036
% of votes cast 61%0%0%39%
How each member voted (92)
Member Party Vote
Emmerson — Not Voting
Evans — Yea
Yamada — Yea
Gilmore — Not Voting
Eng — Yea
Feuer — Yea
Carter — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Chesbro — Yea
Coto — Yea
Hernandez — Yea
Huffman — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Not Voting
Cook — Not Voting
Davis — Not Voting
Bill — Not Voting
Berryhill — Not Voting
Tom — Not Voting
Berryhill — Not Voting
Charles — Not Voting
Fuller — Not Voting
Garrick — Not Voting
Hagman — Not Voting
Harkey — Not Voting
Fletcher — Not Voting
Gaines — Not Voting
Audra — Not Voting
DeVore — Not Voting
Duvall — Not Voting
Knight — Not Voting
Krekorian — Yea
Lieu — Yea
Mendoza — Not Voting
Miller — Not Voting
Monning — Yea
Bass — Yea
Nava — Yea
Nielsen — Not Voting
Ruskin — Yea
Silva — Not Voting
Smyth — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Not Voting
Villines — Not Voting
Adams — Not Voting
Ammiano — Yea
Anderson — Not Voting
Beall — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Not Voting
Logue — Not Voting
Ma — Yea
Nestande — Not Voting
Price — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

public-safety taxation environment
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Frequently asked questions

What does AB 2 do?
Existing law provides that the Insurance Commissioner, in cooperation with insurers, the Office of Emergency Services, and other emergency service agencies, shall establish procedures for the coordination of efforts between insurers and their representatives and those of emergency response agencies. This bill would create the Emergency Response Fund in the State Treasury. Insureds would be required to pay a special purpose surcharge at a rate of 4.8% (or as adjusted) on commercial and residential fire and multiperil insurance policies, including policies with combined property and liability coverage, issued or renewed on or after January 1, 2010, as specified. Funds from this surcharge would be available for appropriation by the Legislature to fund emergency activities, as defined, of the California Emergency Management Agency, the Department of Forestry and Fire Protection, and the Military Department. Any balance remaining in the fund at the end of a fiscal year would be retained and carried forward to the next fiscal year. This bill would require insurers collecting the surcharge to make a specified disclosure on the policy declarations page, billing statement, or a separate document accompanying the declarations page or billing statement. This bill would also require the Department of Insurance, the Department of Forestry and Fire Protection, and other state agencies and departments to cooperate and provide information to the California Emergency Management Agency as necessary to implement these provisions. The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under the California Constitution and existing law, the fees are deposited into the Vehicle License Fee Account of the Local Revenue Fund in the State Treasury for allocation to cities, counties, and cities and counties. This bill would additionally impose an annual surcharge in the amount of $15 on every vehicle subject to the VLF to sustain the operation and maintenance of the state park system, among other things. The bill would create the State Parks Access Fund in the State Treasury and would require that the $15 surcharge be deposited in this fund to be used for specified purposes by the Department of Parks and Recreation upon appropriation by the Legislature. The Motor Vehicle Fuel License Tax Law imposes a tax of $0.18 per gallon of fuel and requires, if the federal fuel tax is reduced below the rate of $0.09 per gallon and federal financial allocations to this state are reduced or eliminated, that the tax rate be increased so that the combined state and federal tax rate per gallon equals $0.27. The Diesel Fuel Tax Law imposes a tax of $0.18 upon each gallon of fuel, as provided. This bill would eliminate those fuel taxes on October 1, 2009. The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax on every distributor of cigarettes and tobacco products at specified rates, including additional taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Families and Children Act of 1998 (Proposition 10) . That law imposes a tax upon the distribution of tobacco products at a tax rate which is equivalent to the combined rate of all taxes imposed on cigarettes, which is deposited in specified accounts. This bill would, commencing on October 1, 2009, impose an additional excise tax on the distribution of cigarettes at the rate of $0.075 for each cigarette distributed, which would, under Proposition 99, impose an equivalent tax rate on the distribution of tobacco products. This bill would also impose a tax upon the distribution of tobacco products at the same equivalent tax rate, as specified. The bill would impose a floor stock tax and require a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession or under his or her control on that date, as specified, and to remit the tax to the board. The revenues collected from the additional tax, except as specified, would be deposited in the General Fund. Because this bill would impose new requirements under the Cigarette and Tobacco Products Law, the violation of which is a crime, it would impose a state-mandated local program. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an oil severance tax on and after October 1, 2009, upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 9.9% (or as adjusted) of the gross value of each barrel of oil severed. The tax would be administered by the Department of Conservation and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the department to deposit all tax revenues, penalties, and interest collected pursuant to these provisions into the General Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason. 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 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would take effect immediately as a tax levy.
Who sponsors AB 2?
AB 2 is sponsored by Evans.
What is the current status of AB 2?
This bill died with 2009-2010, 3rd Special 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 2?
Track AB 2 free on One Click Politics — get push/email alerts when it moves.

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