California 2011-2012, 1st Special Session Status: Passed Assembly

AB 18 — The Schools and Local Public Safety Protection Act of 2011.

Last action — Died on third reading file.

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  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, 1st 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law, until July 1, 2011, imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the rate of 714% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law reduces the state sales and use tax rate by 1% on July 1, 2011. The Vehicle License Fee Law establishes, until July 1, 2011, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 1.15% of the market value of that vehicle, as provided. Existing law, on and after July 1, 2011, reduces that rate to 0.65%. This bill would extend the existing sales and use tax rate and vehicle license fees until July 1, 2012, and would deposit the revenues derived from that extension into the Local Revenue Fund 2011, established by this bill, to be appropriated by the Legislature to fund the provision of public safety services, as described. This bill would require local county officials to create a County Local Revenue Fund 2011, and would require the money in the County Local Revenue Fund 2011 to be used exclusively to fund the provision of public safety services by local agencies pursuant to the 2011 Realignment Legislation, as defined. By imposing new duties upon local county officials with respect to the creation of the County Local Revenue Fund 2011, this bill would impose a state-mandated local program. This bill would additionally require, when the rates in the above-described taxes cease to be operative, the state to annually provide moneys in at least an equivalent amount to fund the provision of public safety services, and would make an appropriation for this purpose from the General Fund if the Legislature does not appropriate sufficient funds for this purpose and transfer the moneys, as specified. (2) The Personal Income Tax Law imposes taxes based upon taxable income. That law also allows credits for personal exemptions, and imposes an alternative minimum tax, as specified. Existing law, for taxable years beginning on or after January 1, 2009, and before January 1, 2011, decreased the amount allowable as a credit for personal exemption for dependents, increased the tax rate applicable to taxable income, and increased the alternative minimum tax rate, as provided. This bill would continue the decrease in the amount allowable as a credit for personal exemption for dependents for taxable years beginning on or after January 1, 2011, and before January 1, 2013, and would increase the tax rate applicable to taxable income and the alternative minimum tax rate for taxable years beginning on or after January 1, 2012, and before January 1, 2013. This bill would require the additional revenue received from the imposition of these tax rates and from the continuation of the credit amounts to be used exclusively for the support of school districts and community college districts. (3) 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. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Died on third reading file.

  2. Reconsideration granted. (Ayes 39. Noes 0. Page 133.)

  3. Motion to reconsider made by Senator Leno.

  4. Read third time. Urgency clause refused adoption. (Ayes 22. Noes 15. Page 132.)

  5. Ordered to third reading.

  6. Withdrawn from committee.

  7. (Page 132.)

  8. Pursuant to Joint Rule 33.1, Joint Rule 10.5 suspended by unanimous consent.

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

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

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

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 21. Page 177.)

  14. Read second time. Ordered to third reading.

  15. (Page 171.)

  16. Ordered to second reading.

  17. Without reference to committee.

  18. From printer.

  19. Read first time. To print.

Sponsors

  • Blumenfield · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Blumenfield

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

3rd Supp 1 AB18 Blumenfield Reconsider

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Yee — Not Voting
Evans — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Cannella — Yea
Hancock — Yea
Huff — Yea
Kehoe — Yea
Anderson — Yea
Corbett — Yea
Dutton — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Yea
Hernandez — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wolk — 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 →

3rd Supp 1 (Urgency Clause)

Failed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 2000
Republican 0100
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Wyland — Nay
Emmerson — Nay
Correa — Not Voting
DeSaulnier — Yea
Fuller — Nay
Yee — Not Voting
Hancock — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Cannella — Nay
Harman — Nay
Corbett — Yea
Runner — Nay
Rubio — Not Voting
Huff — Nay
Anderson — Nay
Dutton — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Blakeslee — Nay
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Wright — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 18 BLUMENFIELD Assembly Third Reading

Passed 49 Yea · 21 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4619010
Republican 0200
Democratic 3000
Total 4921010
% of votes cast 61%26%0%13%
How each member voted (80)
Member Party Vote
Cedillo — Not Voting
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Yamada — Yea
Gorell — Not Voting
Butler — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Gordon — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Nay
Hall — Yea
Hayashi — Yea
Chesbro — Yea
Hill — Yea
Bonilla — Yea
Atkins — Yea
Huber — Yea
Hueso — Yea
Conway — Nay
Huffman — Yea
Ammiano — Yea
Beall — Yea
Cook — Nay
Davis — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Williams — Yea
Fletcher — Not Voting
Garrick — Not Voting
Carter — Not Voting
Halderman — Nay
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Miller — Not Voting
Morrell — Nay
Nestande — Not Voting
Nielsen — Nay
Smyth — Not Voting
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Swanson — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety taxation education
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Frequently asked questions

What does AB 18 do?
(1) Existing law, until July 1, 2011, imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the rate of 714% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law reduces the state sales and use tax rate by 1% on July 1, 2011. The Vehicle License Fee Law establishes, until July 1, 2011, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 1.15% of the market value of that vehicle, as provided. Existing law, on and after July 1, 2011, reduces that rate to 0.65%. This bill would extend the existing sales and use tax rate and vehicle license fees until July 1, 2012, and would deposit the revenues derived from that extension into the Local Revenue Fund 2011, established by this bill, to be appropriated by the Legislature to fund the provision of public safety services, as described. This bill would require local county officials to create a County Local Revenue Fund 2011, and would require the money in the County Local Revenue Fund 2011 to be used exclusively to fund the provision of public safety services by local agencies pursuant to the 2011 Realignment Legislation, as defined. By imposing new duties upon local county officials with respect to the creation of the County Local Revenue Fund 2011, this bill would impose a state-mandated local program. This bill would additionally require, when the rates in the above-described taxes cease to be operative, the state to annually provide moneys in at least an equivalent amount to fund the provision of public safety services, and would make an appropriation for this purpose from the General Fund if the Legislature does not appropriate sufficient funds for this purpose and transfer the moneys, as specified. (2) The Personal Income Tax Law imposes taxes based upon taxable income. That law also allows credits for personal exemptions, and imposes an alternative minimum tax, as specified. Existing law, for taxable years beginning on or after January 1, 2009, and before January 1, 2011, decreased the amount allowable as a credit for personal exemption for dependents, increased the tax rate applicable to taxable income, and increased the alternative minimum tax rate, as provided. This bill would continue the decrease in the amount allowable as a credit for personal exemption for dependents for taxable years beginning on or after January 1, 2011, and before January 1, 2013, and would increase the tax rate applicable to taxable income and the alternative minimum tax rate for taxable years beginning on or after January 1, 2012, and before January 1, 2013. This bill would require the additional revenue received from the imposition of these tax rates and from the continuation of the credit amounts to be used exclusively for the support of school districts and community college districts. (3) 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. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 18?
AB 18 is sponsored by Blumenfield.
What is the current status of AB 18?
This bill died with 2011-2012, 1st 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 18?
Track AB 18 free on One Click Politics — get push/email alerts when it moves.

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