AB 311 California Assembly · 2009-2010 Regular Session

Property taxation: certificated aircraft assessment.

Summary
Existing property tax law requires the personal property of an air carrier be taxed at its fair market value, and the California Constitution requires property subject to ad valorem property taxation to be assessed in the county in which it is situated. Existing law, for the 2005–06 fiscal year to the 2010–11 fiscal year, inclusive, specifies a formula to determine the fair market value of certificated aircraft of a commercial air carrier. Existing law further requires, until December 31, 2010, the Aircraft Advisory Subcommittee of the California Assessors' Association to designate, after soliciting input from commercial air carriers operating in the state, a lead county assessor's office for each commercial air carrier operating certificated aircraft in this state in an assessment year, and requires the lead county assessor to calculate the value of the air carrier's personal property and to transmit these calculations to other county assessors, but specifies that each county assessor is responsible for assessing and enrolling the taxable value of the property in his or her county, as provided. Existing law also requires, until December 31, 2010, the lead county assessor's office to lead a team to audit the books and records of a commercial air carrier and authorizes these air carriers to file a property statement solely with the lead county assessor's office, as provided. This bill would extend the 2010–11 fiscal year termination date to the 2014–15 fiscal year and the December 31, 2010, repeal date to December 31, 2014, for the above-described provisions relating to the determination of the value and taxation of certificated aircraft. This bill would incorporate additional changes in Section 441 of the Revenue and Taxation Code proposed by AB 852, to be operative only if AB 852 and this bill are both enacted and become effective on or before January 1, 2010, both bills amend Section 441, and this bill is enacted after AB 852. By extending the application of the aforementioned valuation process for certificated aircraft beyond the 2010–11 fiscal year, thereby imposing new duties upon a lead county assessor's office, the bill 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, 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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2009
Committee Review
Jul 2009
Assembly Passage
May 2009
Senate Passage
Sep 2009
Vetoed
Oct 2009
Introduced Feb 17, 2009 Vetoed Oct 26, 2009
Floor votes · Senate Sep 4, 2009 · Assembly May 28, 2009

How they voted

36–3
Passed · 1 other
Total votes 40
Sep 4, 2009
D Democratic25
25 Yea
100% Yea
R Republican15
11 Yea 3 Nay 1
73% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
10
Committee
9
Amendments
7
Jan 14, 2010
Vetoed
Consideration of Governor's veto stricken from file.
lower
Oct 26, 2009
Vetoed
Consideration of Governor's veto pending.
lower
Oct 11, 2009
Vetoed
Vetoed by Governor.
lower
Sep 9, 2009
Lower · Passed
Senate amendments concurred in. To enrollment. (Ayes 57. Noes 15. Page 3166.)
lower
Sep 8, 2009
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.
lower
Sep 4, 2009
Senate · Passed
Senate Vote: pass (36-3-1)
senate
Aug 18, 2009
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Aug 17, 2009
Introduced
From committee: Amend, and do pass as amended. (Ayes 10. Noes 3.) (July 23).
upper
Jul 9, 2009
Upper · Passed
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (July 8).
upper
Jun 4, 2009
Committee
Referred to Com. on REV. & TAX.
upper
May 28, 2009
Assembly · Passed
Assembly Vote: pass (55-4-15)
assembly
May 21, 2009
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 1.) (May 20).
lower
May 5, 2009
Committee
Re-referred to Com. on APPR.
lower
May 4, 2009
Lower · Passed
Read second time and amended.
lower
Apr 30, 2009
Introduced
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 27).
lower
Apr 20, 2009
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 13, 2009
Lower · Passed
In committee: Hearing for testimony only.
lower
Apr 13, 2009
Committee
Re-referred to Com. on REV. & TAX.
lower
Apr 2, 2009
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
lower
Mar 4, 2009
Committee
Referred to Com. on REV. & TAX.
lower
Feb 18, 2009
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
FM
Fiona Ma
DDemocratic
CA
12