California 2023-2024 Regular Session Status: Enacted 1 D cosponsors

AB 1268 — Franchise Tax Board: returns: organ donor elections and data sharing.

Last action — Chaptered by Secretary of State - Chapter 573, Statutes of 2023.

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

This bill has been enacted into law. Introduced February 16, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 08, 2023.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires an individual taxable under the Personal Income Tax Law to make a return to the Franchise Tax Board stating specifically the items of the individual's gross income from all sources and the deductions and credits allowable, as prescribed. This bill would require the Franchise Tax Board to include a checkbox on resident income returns for purposes of allowing individuals to provide written consent for Donate Life California to enroll the individual in a specified organ and tissue donor registry and for the Franchise Tax Board to share the individual's information, as described. The bill would require the Franchise Tax Board to enter into a memorandum of understanding with the Donate Life California Organ and Tissue Donor Registry for purposes of mutually agreeing on the language to be used on the returns. Existing law makes it a misdemeanor for the Franchise Tax Board or any member thereof, or any of specified individuals who in the course of their employment or duty has or had access to returns, reports, or documents required to be filed under specified law, to disclose or make known in any manner information as to the amount of income or any particulars set forth or disclosed in those returns, reports, or documents. Commencing January 1, 2026, this bill would require the Franchise Tax Board to annually send, notwithstanding the above-described prohibition, specified information to Donate Life California with respect to an individual who provides written consent to enroll in the registry and share their information with Donate Life California. The bill would require Donate Life California to only use that information to administer the registry and to add individuals consenting to enrollment within 30 days of receiving their information from the Franchise Tax Board. The bill would require the Franchise Tax Board and Donate Life California to enter into a data sharing agreement, as specified, by January 1, 2025.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 573, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3029.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2354.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 14). Re-referred to Com. on APPR.

  10. 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.

  11. Referred to Com. on GOV. & F.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1464.)

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 10). Re-referred to Com. on APPR.

  17. Re-referred to Com. on REV. & TAX.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  19. Referred to Com. on REV. & TAX.

  20. From printer. May be heard in committee March 19.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 47000
Unaffiliated 19001
Republican 13000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Rendon — Yea
Friedman — Yea
Ting — Yea
Wood — Yea
Low — Yea
Holden — Yea
Mathis — Yea
Rodriguez — Yea
McCarty — Yea
Waldron — Yea
Santiago — Yea
Essayli — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 7000
Democratic 21001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bradford — Yea
Skinner — Yea
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Republican 2000
Unaffiliated 2000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Glazer — Yea
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 44003
Republican 11002
Unaffiliated 20000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Not Voting
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Not Voting
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Not Voting

Official roll call →

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 10000
Unaffiliated 3000
Republican 3000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Mathis — Yea
Holden — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Republican 2000
Unaffiliated 1001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Jim Patterson — Not Voting
Luz Rivas — Yea
Bains, Jasmeet Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Pacheco, Blanca Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Valencia, Avelino Democratic Yea
Zbur, Rick Chavez Democratic Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1268 do?
Existing law requires an individual taxable under the Personal Income Tax Law to make a return to the Franchise Tax Board stating specifically the items of the individual's gross income from all sources and the deductions and credits allowable, as prescribed. This bill would require the Franchise Tax Board to include a checkbox on resident income returns for purposes of allowing individuals to provide written consent for Donate Life California to enroll the individual in a specified organ and tissue donor registry and for the Franchise Tax Board to share the individual's information, as described. The bill would require the Franchise Tax Board to enter into a memorandum of understanding with the Donate Life California Organ and Tissue Donor Registry for purposes of mutually agreeing on the language to be used on the returns. Existing law makes it a misdemeanor for the Franchise Tax Board or any member thereof, or any of specified individuals who in the course of their employment or duty has or had access to returns, reports, or documents required to be filed under specified law, to disclose or make known in any manner information as to the amount of income or any particulars set forth or disclosed in those returns, reports, or documents. Commencing January 1, 2026, this bill would require the Franchise Tax Board to annually send, notwithstanding the above-described prohibition, specified information to Donate Life California with respect to an individual who provides written consent to enroll in the registry and share their information with Donate Life California. The bill would require Donate Life California to only use that information to administer the registry and to add individuals consenting to enrollment within 30 days of receiving their information from the Franchise Tax Board. The bill would require the Franchise Tax Board and Donate Life California to enter into a data sharing agreement, as specified, by January 1, 2025.
Who sponsors AB 1268?
AB 1268 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 1268?
This bill has been enacted into law. Introduced February 16, 2023. Enacted.
Where can I track AB 1268?
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