BILL NUMBER: AB 877	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly  Member   Bocanegra
  Members   Bocanegra   and
Jones-Sawyer 

                        FEBRUARY 22, 2013

    An act to amend Section 19271 of the Elections Code,
relating to voting systems.   An act to add Sections
17228 and 24343.8 to the Revenue and Taxation Code, relating to
taxation, to take effect immediately, tax levy. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 877, as amended, Bocanegra.  Direct recording
electronic voting systems.   Income and Corporation
taxes: denial of deduction: owner fine or penalty.  
   The Personal Income Tax Law and the Corporation Tax Law allow
various deductions in computing the income that is subject to the
taxes imposed by those laws. Both laws allow a deduction for ordinary
and necessary business expenses, including a deduction for amounts
paid or incurred for specified types of fines or penalties. 

    This bill, for taxable years beginning on or after January 1,
2014, would disallow, under both laws, a deduction for the amount of
any fine or penalty paid or incurred by an owner of all or part of a
professional sports franchise where that fine or penalty is assessed
or imposed by the professional sports league that includes that
franchise.  
   This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.  
   This bill would take effect immediately as a tax levy. 

   Existing law prohibits the Secretary of State from approving, and
prohibits a city or county from contracting for or purchasing, a
direct recording electronic voting system, defined as a voting system
that records a vote electronically and does not require or permit
the voter to record his or her vote directly onto a tangible ballot.
Existing law defines the term "voter verified paper audit trail" as a
component of a direct recording electronic voting system that prints
a contemporaneous paper record copy of each electronic ballot and
allows each voter to confirm his or her selections before the voter
casts his or her ballot.  
   This bill would revise the definition of "voter verified paper
audit trail" to instead mean a component of a direct recording
electronic voting system that prints a synchronous paper record
facsimile of each electronic ballot and allows each voter to confirm
his or her selections before the voter casts his or her ballot.

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 17228 is added to the 
 Revenue and Taxation Code   , to read:  
   17228.  For taxable years beginning on or after January 1, 2014, a
deduction shall not be allowed for the amount of any fine or penalty
paid or incurred by an owner of all or part of a professional sports
franchise, where that fine or penalty is assessed or imposed by the
professional sports league that includes that franchise. 
   SEC. 2.    Section 24343.8 is added to the  
Revenue and Taxation Code   , to read:  
   24343.8.  For taxable years beginning on or after January 1, 2014,
a deduction shall not be allowed for the amount of any fine or
penalty paid or incurred by an owner of all or part of a professional
sports franchise, where that fine or penalty is assessed or imposed
by the professional sports league that includes that franchise. 

   SEC. 3.    This act provides for a tax levy within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  
  SECTION 1.    Section 19271 of the Elections Code,
as amended by Section 67 of Chapter 602 of the Statutes of 2013, is
amended to read:
   19271.  As used in this article:
   (a) "Accessible" means that the information provided on the paper
record copy from the voter verified paper audit trail mechanism is
provided or conveyed to voters via both a visual and a nonvisual
method, such as through an audio component.
   (b) "Direct recording electronic voting system" means a voting
system that records a vote electronically and does not require or
permit the voter to record his or her vote directly onto a tangible
ballot.
   (c) "Voter verified paper audit trail" means a component of a
direct recording electronic voting system that prints a synchronous
paper record facsimile of each electronic ballot and allows each
voter to confirm his or her selections before the voter casts his or
her ballot.
   (d) "Federal qualification" means the system has been certified,
if applicable, by means of qualification testing by a nationally
recognized test laboratory and has met or exceeded the minimum
requirements set forth in the Performance and Text Standards for
Punch Card, Mark Sense, and Direct Recording Electronic Voting
Systems, or in any successor voluntary standard document, developed
and promulgated by the Federal Election Commission, the Election
Assistance Commission, or the National Institute of Standards and
Technology.
   (e) "Paper record copy" means an auditable document printed by a
voter verified paper audit trail component that corresponds to the
voter's electronic vote and lists the contests on the ballot and the
voter's selections for those contests. A paper record copy is not a
ballot.
   (f) "Parallel monitoring" means the testing of a randomly selected
sampling of voting equipment on election day designed to simulate
actual election conditions to confirm that the system is registering
votes accurately.