California 2009-2010 Regular Session Status: To Executive

SB 70 — Sales and use taxes: fuel taxes.

Last action — Chaptered by Secretary of State. Chapter 9, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. Assembly Bill 6 of the 2009–10 8th Extraordinary Session would, if enacted, impose an additional 1.75% tax on the sale of, and the storage, use, or other consumption in this state of, diesel fuel on or after July 1, 2011. This bill would exempt the sale of, and the storage, use, or other consumption of, specified diesel fuel from that tax that would be imposed by AB 6 of the 2009–10 8th Extraordinary Session. Assembly Bill 6 of the 2009–10 Eighth Extraordinary Session would both increase and decrease the rates of specified taxes and require adjustments to the rates on an annual basis to achieve revenue neutrality. Assembly Bill 6 would increase the rate of tax under the Motor Vehicle Fuel Tax Law on the removal, entry, sale, delivering or specified use of motor vehicle fuel, including aviation gasoline. This bill would clarify that the rate changes to achieve revenue neutrality would be effective for the next fiscal year. This bill would exclude aviation gasoline from the increase in the rate of motor vehicle fuel taxes. The Sales and Use Tax Law requires a collection of prepayment of retail sales tax at the time that motor vehicle fuel tax or diesel fuel tax is imposed, and on each subsequent sale other than the retail sale. This law requires the State Board of Equalization to establish the prepayment rate based on 80% of the combined state and local sales tax rate, as prescribed. This law authorizes the board to readjust the rate if the price of fuel decreases or increases and the established rate results in prepayments which consistently exceed or are significantly lower than the retailers' sales tax liability. This bill would also authorize the State Board of Equalization to readjust the rate if an exemption from sales tax for sales of fuel, as specified, is enacted and the established rate results in or could result in prepayments which consistently exceed or are significantly lower than the retailers' sales tax liability. This bill would become operative only if both this bill and AB 6 of the 2009–10 8th Extraordinary Session are chaptered and this bill is chaptered last. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 9, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 6:30 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 25. Noes 10. Page 2983.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 10. Noes 3. Page 2985.)

  6. Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

  7. In Senate. To unfinished business.

  8. Read third time. Passed. (Ayes 70. Noes 2. Page 4358.) To Senate.

  9. Read third time. Amended. (Page 4358.) To third reading.

  10. From inactive file to third reading file.

  11. Placed on inactive file on request of Assembly Member Torrico.

  12. From inactive file to third reading file.

  13. Notice of motion to remove from inactive file given by Assembly Member Krekorian.

  14. Placed on inactive file on request of Assembly Member Krekorian.

  15. Read second time. To third reading.

  16. Placed on second reading file.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 22. Noes 14. Page 511.) To Assembly.

  19. Read second time. To third reading.

  20. Placed on second reading file.

  21. Withdrawn from committee.

  22. To Com. on RLS.

  23. Read first time.

  24. From print. May be acted upon on or after February 20.

  25. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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

W/O REF. TO FILE SB70 Committee on B. & F.R. (Ducheny)

Passed 26 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 24904
Democratic 2000
Republican 0100
Total 261004
% of votes cast 65%25%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Hancock — Yea
Runner — Nay
Harman — Not Voting
Ducheny — Yea
Dutton — Not Voting
Hollingsworth — Nay
Huff — Nay
Leno — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Oropeza — Yea
Steinberg — Yea
Wright — Not Voting
Wyland — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 70 B.& F. R. Senate Third Reading By BLUMENFIELD

Passed 80 Yea · 2 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 76108
Democratic 2100
Republican 2001
Total 80209
% of votes cast 88%2%0%10%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Bass — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Saldana — Not Voting
Conway — Not Voting
Knight — Not Voting
Miller — Not Voting
Anderson — Not Voting
Adams — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Hayashi — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
John — Yea
A. — Yea
Emmerson — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB70 Committee on B. & F.R. (Ducheny)

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211302
Democratic 2001
Republican 0100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Wyland — Nay
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Hancock — Yea
Harman — Nay
Huff — Nay
Runner — Nay
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Benoit — Nay
Dutton — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Hollingsworth — Nay
Maldonado — Not Voting
Wiggins — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation
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Frequently asked questions

What does SB 70 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. Assembly Bill 6 of the 2009–10 8th Extraordinary Session would, if enacted, impose an additional 1.75% tax on the sale of, and the storage, use, or other consumption in this state of, diesel fuel on or after July 1, 2011. This bill would exempt the sale of, and the storage, use, or other consumption of, specified diesel fuel from that tax that would be imposed by AB 6 of the 2009–10 8th Extraordinary Session. Assembly Bill 6 of the 2009–10 Eighth Extraordinary Session would both increase and decrease the rates of specified taxes and require adjustments to the rates on an annual basis to achieve revenue neutrality. Assembly Bill 6 would increase the rate of tax under the Motor Vehicle Fuel Tax Law on the removal, entry, sale, delivering or specified use of motor vehicle fuel, including aviation gasoline. This bill would clarify that the rate changes to achieve revenue neutrality would be effective for the next fiscal year. This bill would exclude aviation gasoline from the increase in the rate of motor vehicle fuel taxes. The Sales and Use Tax Law requires a collection of prepayment of retail sales tax at the time that motor vehicle fuel tax or diesel fuel tax is imposed, and on each subsequent sale other than the retail sale. This law requires the State Board of Equalization to establish the prepayment rate based on 80% of the combined state and local sales tax rate, as prescribed. This law authorizes the board to readjust the rate if the price of fuel decreases or increases and the established rate results in prepayments which consistently exceed or are significantly lower than the retailers' sales tax liability. This bill would also authorize the State Board of Equalization to readjust the rate if an exemption from sales tax for sales of fuel, as specified, is enacted and the established rate results in or could result in prepayments which consistently exceed or are significantly lower than the retailers' sales tax liability. This bill would become operative only if both this bill and AB 6 of the 2009–10 8th Extraordinary Session are chaptered and this bill is chaptered last. This bill would take effect immediately as a tax levy.
Who sponsors SB 70?
SB 70 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 70?
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 SB 70?
Track SB 70 free on One Click Politics — get push/email alerts when it moves.

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