California 2009-2010 Regular Session Status: To Executive

AB 469 — Sales and use taxes: qualified use tax payment.

Last action — Consideration of Governor's veto stricken from file.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law requires retailers, as specified, to register with the State Board of Equalization, and requires that board to issue forms for the computation and payment of sales and use taxes collected or owed by those retailers. For taxable years beginning on or after January 1, 2003, and ending on or before December 31, 2009, existing law authorizes a person to make an irrevocable election to report qualified use tax, as defined, on that person's income tax form. Existing law requires the Franchise Tax Board to include space on income tax returns to allow a person to report and remit qualified use taxes to the Franchise Tax Board, and requires the Franchise Tax Board to remit the qualified use taxes collected to the State Board of Equalization. This bill would revise the provisions relating to use tax reporting on an income tax return to instead require every person subject to qualified use tax, as defined, to report and remit that tax on an acceptable tax return, as specified. This bill would require the Franchise Tax Board to revise the income tax form to enable a person to report and remit qualified use tax. This bill would also make conforming changes to related provisions.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

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

  5. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 30. Page 2943.)

  6. Assembly Rule 77 suspended. (Ayes 48. Noes 27. Page 2889.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 22. Noes 14. Page 2021.)

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 8. Noes 3.) (August 17).

  11. (Corrected August 17.)

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

  13. Read second time, amended, and re-referred to Com. on APPR.

  14. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 8).

  15. In committee: Hearing postponed by committee.

  16. In committee: Hearing postponed by committee.

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

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

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

  20. Read third time, passed, and to Senate. (Ayes 49. Noes 30. Page 1685.)

  21. Read second time. To third reading.

  22. From committee: Do pass. (Ayes 11. Noes 5.) (May 13).

  23. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 2.) (April 27).

  24. In committee: Set, first hearing. Referred to REV. & TAX. suspense file.

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

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

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

  28. From printer. May be heard in committee March 27.

  29. Read first time. To print.

Sponsors

  • Eng · Primary
  • Evans · Cosponsor
  • Wolk · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 4 voted No

Sponsors (1)

  • Eng

Co-sponsors (2)

  • Evans
  • Wolk

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 469 ENG Concurrence in Senate Amendments

Passed 56 Yea · 33 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 523102
Democratic 3000
Republican 1200
Total 563302
% of votes cast 62%36%0%2%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Eng — Yea
Chesbro — Yea
Evans — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Ammiano — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Nay
Fletcher — Nay
Audra — Nay
Hagman — Nay
Duvall — Nay
Harkey — Nay
Bass — Yea
Hernandez — Yea
Hill — Yea
Huber — Nay
Huffman — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Anderson — Nay
Beall — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Jeffries — Nay
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB469 Eng By Wolk

Passed 23 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221303
Democratic 1001
Republican 0100
Total 231404
% of votes cast 56%34%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Alquist — Yea
Cedillo — Yea
Cogdill — Nay
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Runner — Nay
Harman — Not Voting
Ashburn — Not Voting
Aanestad — Nay
Benoit — Nay
Liu — Yea
Maldonado — Nay
Price — Yea
Simitian — Yea
Walters — Nay
Wyland — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Not Voting
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8302
Total 8302
% of votes cast 62%23%0%15%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Nay
Runner — Nay
Hancock — Yea
Corbett — Yea
Kehoe — Yea
Walters — Nay
Wolk — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Cox — Not Voting
Denham — Not Voting

Official roll call →

AB 469 ENG Assembly Third Reading

Passed 58 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 523101
Democratic 5000
Republican 1200
Total 583301
% of votes cast 63%36%0%1%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Coto — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Krekorian — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Lieu — Yea
Mendoza — Yea
Bill — Nay
Berryhill — Nay
Tom — Nay
Anderson — Nay
Bass — Yea
Beall — Yea
Block — Yea
Monning — Yea
Ruskin — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Berryhill — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Conway — Nay
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Cook — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Torres — Not Voting
Villines — Nay
Adams — Nay
Ammiano — Yea
Blakeslee — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Huffman — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Price — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Fuller — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0100
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Davis — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Duvall — Nay
Hall — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Price — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Skinner — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation
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Frequently asked questions

What does AB 469 do?
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law requires retailers, as specified, to register with the State Board of Equalization, and requires that board to issue forms for the computation and payment of sales and use taxes collected or owed by those retailers. For taxable years beginning on or after January 1, 2003, and ending on or before December 31, 2009, existing law authorizes a person to make an irrevocable election to report qualified use tax, as defined, on that person's income tax form. Existing law requires the Franchise Tax Board to include space on income tax returns to allow a person to report and remit qualified use taxes to the Franchise Tax Board, and requires the Franchise Tax Board to remit the qualified use taxes collected to the State Board of Equalization. This bill would revise the provisions relating to use tax reporting on an income tax return to instead require every person subject to qualified use tax, as defined, to report and remit that tax on an acceptable tax return, as specified. This bill would require the Franchise Tax Board to revise the income tax form to enable a person to report and remit qualified use tax. This bill would also make conforming changes to related provisions.
Who sponsors AB 469?
AB 469 is sponsored by Eng, Evans, and Wolk.
What is the current status of AB 469?
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 469?
Track AB 469 free on One Click Politics — get push/email alerts when it moves.

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