California 2009-2010 Regular Session Status: Passed Senate

SB 138 — Local taxes: graffiti.

Last action — From Assembly without further action.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes a city or county, or city and county to levy a tax, as provided, on the sale at retail within its jurisdiction of aerosol paint containers, felt tip markers, as specified, and marking substances or instruments at the rate of no more than $0.10 per aerosol paint container or container of other marking substance, and no more than $0.05 per felt tip marker meeting specified requirements or other marking instrument. Existing law requires the State Board of Equalization to enforce and administer these provisions. This bill would increase the amount of the tax authorized to be levied under these provisions to $0.25 per aerosol paint container or felt tip marker meeting specified requirements, would revise the definition of an aerosol paint container, and would delete the authorization for the levy of a tax for containers of other marking instruments and other marking substances. The bill would also require any jurisdiction implementing the tax to provide retailers of products subject to the tax the option to store or display the products in an area continuously observable by employees, as specified, or in an area not accessible to the public without employee assistance.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. Set, second hearing. Held in committee and under submission.

  4. Set, first hearing. Referred to APPR. suspense file.

  5. Read second time. Amended. Re-referred to Com. on APPR.

  6. (Heard in committee on July 6.)

  7. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 2.)

  8. Set, first hearing. Referred to REV. & TAX. suspense file.

  9. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on REV. & TAX.

  10. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on REV. & TAX.

  11. To Com. on REV. & TAX.

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

  13. Read third time. Passed. (Ayes 22. Noes 17. Page 1145.) To Assembly.

  14. (Ayes 39. Noes 0. Page 1009.)

  15. Reconsideration granted.

  16. Motion to reconsider made by Senator Liu.

  17. Read third time. Refused passage. (Ayes 19. Noes 19. Page 1009.)

  18. Read second time. To third reading.

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

  20. Set for hearing May 11.

  21. Read second time. Amended. Re-referred to Com. on APPR.

  22. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 638.)

  23. Set for hearing April 22.

  24. To Com. on REV. & TAX.

  25. From print. May be acted upon on or after March 14.

  26. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Liu · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Liu

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

Senate 3rd Reading SB138 Liu

Passed 22 Yea · 18 Nay
Party YeaNayPresentNot Voting
Unaffiliated 201700
Democratic 2000
Republican 0100
Total 221800
% of votes cast 55%45%0%0%
How each member voted (40)
Member Party Vote
Hancock — Yea
Yee — Nay
Cedillo — Yea
Lowenthal — Yea
Cogdill — Nay
Corbett — Yea
Florez — Yea
Negrete — Nay
Runner — Nay
Ducheny — Yea
Dutton — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Alquist — Yea
Benoit — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Nay
Oropeza — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Ashburn — Nay
Maldonado — Yea
Pavley — Yea
Simitian — Yea
Wyland — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB138 Liu Reconsider

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Maldonado — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Oropeza — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB138 Liu

Failed 19 Yea · 20 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 171801
Democratic 2100
Republican 0100
Total 192001
% of votes cast 48%50%0%3%
How each member voted (40)
Member Party Vote
Yee — Nay
Cedillo — Not Voting
Cogdill — Nay
Hancock — Yea
Corbett — Yea
Correa — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Leno — Yea
Liu — Yea
McLeod — Nay
Negrete — Nay
Runner — Nay
Cox — Nay
Ducheny — Yea
Dutton — Nay
Oropeza — Yea
Pavley — Yea
Romero — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Nay
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Kehoe — Yea
Maldonado — Nay
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wyland — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 138 do?
Existing law authorizes a city or county, or city and county to levy a tax, as provided, on the sale at retail within its jurisdiction of aerosol paint containers, felt tip markers, as specified, and marking substances or instruments at the rate of no more than $0.10 per aerosol paint container or container of other marking substance, and no more than $0.05 per felt tip marker meeting specified requirements or other marking instrument. Existing law requires the State Board of Equalization to enforce and administer these provisions. This bill would increase the amount of the tax authorized to be levied under these provisions to $0.25 per aerosol paint container or felt tip marker meeting specified requirements, would revise the definition of an aerosol paint container, and would delete the authorization for the levy of a tax for containers of other marking instruments and other marking substances. The bill would also require any jurisdiction implementing the tax to provide retailers of products subject to the tax the option to store or display the products in an area continuously observable by employees, as specified, or in an area not accessible to the public without employee assistance.
Who sponsors SB 138?
SB 138 is sponsored by Liu.
What is the current status of SB 138?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 138?
Track SB 138 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 138

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 138

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →