California 2009-2010 Regular Session Status: To Executive

AB 2458 — Taxation: penalties: limited liability companies.

Last action — Vetoed by Governor.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law requires every limited liability company subject to tax to pay an annual fee, as specified. Existing law requires this fee to be estimated and paid on a specified date, and requires a penalty of 10% of the amount of any underpayment to be added to the fee. This bill would, for a small business, as defined, instead require the penalties described above to be due and payable 60 days from the date the small business is notified of the penalty. This bill would require this provision to be applied to penalties imposed on or after January 1, 2011, and before January 1, 2016.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 11:45 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6478.)

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  5. Read third time, passed, and to Assembly. (Ayes 33. Noes 0. Page 4674.)

  6. Read second time. To third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. In committee: Hearing postponed by committee.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 0.) (June 23).

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

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

  13. Read third time, passed, and to Senate. (Ayes 72. Noes 0. Page 5245.)

  14. Read second time. To third reading.

  15. From committee: Do pass. (Ayes 16. Noes 0.) (May 12).

  16. In committee: Hearing postponed by committee.

  17. Re-referred to Com. on APPR.

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

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 8. Noes 0.) (April 12).

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

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

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

  24. Read first time.

  25. From printer. May be heard in committee March 23.

  26. Introduced. To print.

Sponsors

  • Saldana · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Saldana

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

AB 2458 SALDANA Concurrence in Senate Amendments

Passed 88 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 3000
Republican 3000
Total 88002
% of votes cast 98%0%0%2%
How each member voted (90)
Member Party Vote
Adams — Yea
Ammiano — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bass — Yea
Block — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
John — Yea
A. — Yea
Perez — Yea
Furutani — Not Voting
Norby — Not Voting
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Villines — Yea
Anderson — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Tran — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2458 Saldana By Wolk

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Democratic 2000
Republican 1000
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Corbett — Yea
Correa — Yea
Harman — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Alquist — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Runner — Yea
Wyland — Yea
Huff — Not Voting
Oropeza — Not Voting
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Hollingsworth — Yea
Liu — Yea
Romero — Yea
Walters — Not Voting
Wright — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2458 SALDANA Assembly Third Reading

Passed 80 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 740011
Democratic 3000
Republican 3000
Total 800011
% of votes cast 88%0%0%12%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
De — Yea
Leon — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Fletcher — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Not Voting
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Mendoza — Yea
Miller — Yea
Nava — Not Voting
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Villines — Not Voting
Adams — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Tran — Yea
Emmerson — Yea
Evans — Not Voting
DeVore — Yea
Fuentes — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16001
Democratic 0001
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Charles — Not Voting
Hall — Yea
Hill — Yea
Conway — Yea
Coto — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Davis — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Harkey — Yea
Miller — Yea
Solorio — Yea
Torrico — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

taxation
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Frequently asked questions

What does AB 2458 do?
Existing law requires every limited liability company subject to tax to pay an annual fee, as specified. Existing law requires this fee to be estimated and paid on a specified date, and requires a penalty of 10% of the amount of any underpayment to be added to the fee. This bill would, for a small business, as defined, instead require the penalties described above to be due and payable 60 days from the date the small business is notified of the penalty. This bill would require this provision to be applied to penalties imposed on or after January 1, 2011, and before January 1, 2016.
Who sponsors AB 2458?
AB 2458 is sponsored by Saldana.
What is the current status of AB 2458?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 2458?
Track AB 2458 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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