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

AB 23 — Local government finance.

Last action — Died at Desk.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Bradley-Burns Uniform Local Sales and Use Tax Law (Bradley-Burns Law) authorizes a county that adopts a specified ordinance to impose local sales and use taxes at a rate of 1.25%, and similarly authorizes a city, located within a county imposing those taxes, to impose local sales and use taxes at a rate of 1% or less, which is credited against the county taxes. Existing law temporarily suspends, during the revenue exchange period, the authority for a county and city to impose local sales and use taxes at the rate of 0.25% under the Bradley-Burns Law by requiring, for that period, sales and use tax rates of 1% for a county and 0.75% or less for a city. Existing law defines the "revenue exchange period" as the period on and after July 1, 2004, and before the first day of the first calendar quarter commencing more than 90 days following a specified notification by the Director of Finance to the State Board of Equalization. Existing law requires the auditor of each county, during the fiscal adjustment period, as defined, to decrease the amount of ad valorem property tax revenue otherwise allocated to a county's Educational Revenue Augmentation Fund by the countywide adjustment amount, which is measured by the combined revenue loss of the county, and the cities therein, resulting from the temporary suspension of the authority to impose a portion of their sales and use taxes. Existing law requires the auditor to instead allocate this amount among the county, and the cities therein, in reimbursement of their revenue losses resulting from that suspension. This bill would end the temporary suspension of the authority of a county and city to impose sales and use taxes at the rate of 0.25% under the Bradley-Burns Law by redefining the "revenue exchange period" to a period ending on June 30, 2011. This bill would also make this provision temporarily suspending that authority during the revenue exchange period inoperative on July 1, 2011. The bill would make related and conforming changes. By imposing new duties upon local officials with respect to the allocation of ad valorem property tax revenues, this bill would impose a state-mandated local program. Existing law prescribes the percentage of General Fund Revenues appropriated for school districts and community college districts for purposes of the provisions of the California Constitution requiring minimum funding for the public schools. This bill would require the Director of Finance to adjust that percentage in a specified manner. This bill would appropriate $1,000 from the General Fund to the State Board of Equalization for administrative operations. 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. 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. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Died at Desk.

  2. Held at Desk.

  3. Withdrawn from Engrossing and Enrolling.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 210.).

  5. Assembly Rule 77 suspended. (Page 210.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 17 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 16. Page 148.).

  8. Ordered to third reading.

  9. Withdrawn from committee.

  10. Joint Rule 10.5 suspended. (Page 146.)

  11. Pursuant to Joint Rule 33.1,

  12. 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.

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

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 21. Page 179.)

  16. Read second time. Ordered to third reading.

  17. (Page 171.)

  18. Ordered to second reading.

  19. Without reference to committee.

  20. From printer.

  21. 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 AB23 Blumenfield By Leno

Passed 23 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211501
Democratic 2000
Republican 0100
Total 231601
% of votes cast 58%40%0%3%
How each member voted (40)
Member Party Vote
Cannella — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Fuller — Nay
Yee — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Hancock — Yea
Harman — Nay
Hernandez — Yea
Dutton — Nay
Rubio — Nay
Runner — Not Voting
Kehoe — Yea
Anderson — Nay
Blakeslee — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Huff — Nay
Lieu — Yea
Steinberg — Yea
Vargas — 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 23 BLUMENFIELD Concurrence in Senate Amendments

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 492402
Democratic 3000
Republican 0200
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Garrick — Nay
Gatto — Yea
Hagman — Nay
Butler — Yea
Eng — Yea
Furutani — Yea
Carter — Yea
Cedillo — Yea
Hill — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Fuentes — Yea
Huffman — Yea
Campos — Yea
Achadjian — Nay
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Yamada — Yea
Gordon — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Conway — Nay
Lara — Yea
Logue — Nay
Cook — Nay
Davis — Yea
Mendoza — Yea
Monning — Yea
Olsen — Nay
Smyth — Nay
Solorio — Yea
Wagner — Nay
Fletcher — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Valadao — Nay
Gorell — Not Voting
Halderman — Not Voting
Donnelly — Nay
Morrell — Nay
Alejo — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Ma — Yea
Mansoor — Nay
Pan — Yea
Torres — Yea
Wieckowski — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
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 →

AB 23 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
Dickinson — Yea
Fuentes — Yea
Garrick — Not Voting
Gatto — Yea
Feuer — Yea
Butler — Yea
Hill — Yea
Huber — Yea
Williams — Yea
Yamada — Yea
Furutani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Galgiani — Yea
Gordon — Yea
Hall — Yea
Chesbro — Yea
Hueso — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Lara — Yea
Cook — Nay
Beall — Yea
Block — Yea
Davis — Yea
Mendoza — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Fletcher — Not Voting
Gorell — Not Voting
Hagman — Nay
Halderman — Nay
Harkey — Nay
Carter — Not Voting
Conway — Nay
Donnelly — Nay
Knight — Nay
Miller — Not Voting
Nestande — Not Voting
Nielsen — Nay
Silva — Nay
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Morrell — Nay
Norby — Nay
Smyth — Not Voting
Solorio — Yea
Wieckowski — 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

taxation finance
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Frequently asked questions

What does AB 23 do?
The Bradley-Burns Uniform Local Sales and Use Tax Law (Bradley-Burns Law) authorizes a county that adopts a specified ordinance to impose local sales and use taxes at a rate of 1.25%, and similarly authorizes a city, located within a county imposing those taxes, to impose local sales and use taxes at a rate of 1% or less, which is credited against the county taxes. Existing law temporarily suspends, during the revenue exchange period, the authority for a county and city to impose local sales and use taxes at the rate of 0.25% under the Bradley-Burns Law by requiring, for that period, sales and use tax rates of 1% for a county and 0.75% or less for a city. Existing law defines the "revenue exchange period" as the period on and after July 1, 2004, and before the first day of the first calendar quarter commencing more than 90 days following a specified notification by the Director of Finance to the State Board of Equalization. Existing law requires the auditor of each county, during the fiscal adjustment period, as defined, to decrease the amount of ad valorem property tax revenue otherwise allocated to a county's Educational Revenue Augmentation Fund by the countywide adjustment amount, which is measured by the combined revenue loss of the county, and the cities therein, resulting from the temporary suspension of the authority to impose a portion of their sales and use taxes. Existing law requires the auditor to instead allocate this amount among the county, and the cities therein, in reimbursement of their revenue losses resulting from that suspension. This bill would end the temporary suspension of the authority of a county and city to impose sales and use taxes at the rate of 0.25% under the Bradley-Burns Law by redefining the "revenue exchange period" to a period ending on June 30, 2011. This bill would also make this provision temporarily suspending that authority during the revenue exchange period inoperative on July 1, 2011. The bill would make related and conforming changes. By imposing new duties upon local officials with respect to the allocation of ad valorem property tax revenues, this bill would impose a state-mandated local program. Existing law prescribes the percentage of General Fund Revenues appropriated for school districts and community college districts for purposes of the provisions of the California Constitution requiring minimum funding for the public schools. This bill would require the Director of Finance to adjust that percentage in a specified manner. This bill would appropriate $1,000 from the General Fund to the State Board of Equalization for administrative operations. 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. 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. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 23?
AB 23 is sponsored by Blumenfield.
What is the current status of AB 23?
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 23?
Track AB 23 free on One Click Politics — get push/email alerts when it moves.

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