California 2009-2010 Regular Session Status: Passed Assembly

AB 765 — Income tax: credit: purchase: principal residence.

Last action — Died on Senate third reading file.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Personal Income Tax Law authorizes a credit against the taxes imposed by that law in an amount equal to the lesser of 5% of the purchase price or $10,000 in the case of the purchase of a qualified principal residence on and after March 1, 2009, and before March 1, 2010, but not to exceed an aggregate limitation of $100,000,000 for all credits allowable. Existing law requires a certification that the residence has never been occupied be provided to the Franchise Tax Board within one week of the sale of the qualified principal residence. This bill would limit the credit to taxpayers who purchased a qualified principal residence on and after March 1, 2009, and before July 3, 2009, and on and after the effective date of this bill and before March 1, 2010. This bill would also require the aggregate limitation of credits to be reduced by a specified amount per certification received by the Franchise Tax Board. (2) The bill would appropriate the sum of $44,000 from the General Fund to the Franchise Tax Board, in augmentation of a specified appropriation made in the 2009-10 Budget Act. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Died on Senate third reading file.

  2. Read second time. To third reading.

  3. Withdrawn from committee. Ordered placed on second reading file.

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

  5. In committee: Placed on Appropriations suspense file.

  6. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 0.) (August 26).

  7. 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.

  8. (Page 1907.)

  9. Joint Rule 62(a), file notice suspended.

  10. In committee: Referred to REV. & TAX. suspense file.

  11. 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.

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

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

  14. Read third time, passed, and to Senate. (Ayes 71. Noes 4. Page 1849.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 18).

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

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

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

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

  24. In committee: Hearing postponed by committee.

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

  26. From printer. May be heard in committee March 29.

  27. Read first time. To print.

Sponsors

  • Ashburn · Cosponsor
  • Portantino · Cosponsor
  • Salas · Cosponsor
  • Caballero · Primary
  • Conway · Cosponsor
  • Coto · Cosponsor
  • Emmerson · Cosponsor
  • Galgiani · Cosponsor
  • Gilmore · Cosponsor
  • Hagman · Cosponsor
  • Harkey · Cosponsor
  • Huber · Cosponsor
  • Hill · Cosponsor
  • Jeffries · Cosponsor
  • Logue · Cosponsor
  • Ma · Cosponsor
  • Mendoza · Cosponsor
  • Nestande · Cosponsor
  • Nielsen · Cosponsor
  • Silva · Cosponsor
  • Smyth · Cosponsor
  • Solorio · Cosponsor
  • Steinberg · Cosponsor
  • Torres · Cosponsor
  • Tran · Cosponsor
  • Wolk · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 25 co-sponsors · 96 not signed on

Sponsors (1)

  • Caballero

Co-sponsors (25)

  • Ashburn
  • Portantino
  • Salas
  • Conway
  • Coto
  • Emmerson
  • Galgiani
  • Gilmore
  • Hagman
  • Harkey
  • Huber
  • Hill
  • Jeffries
  • Logue
  • Ma
  • Mendoza
  • Nestande
  • Nielsen
  • Silva
  • Smyth
  • Solorio
  • Steinberg
  • Torres
  • Tran
  • Wolk

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"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

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Yea
Leno — Yea
Oropeza — Yea
Runner — Yea
Wyland — Yea
Wolk — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 765 CABALLERO Assembly Third Reading

Passed 82 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 76406
Democratic 3000
Republican 3000
Total 82406
% of votes cast 89%4%0%7%
How each member voted (92)
Member Party Vote
Hagman — Yea
Cook — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Tom — Yea
Charles — Yea
Beall — Yea
Blakeslee — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Evans — Yea
Feuer — Nay
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Davis — Yea
Bill — Not Voting
Fuller — Yea
Duvall — Yea
Furutani — Yea
Bass — Yea
Block — Not Voting
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Nay
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Not Voting
Price — Not Voting
Ruskin — Nay
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Nay
Adams — Yea
Ammiano — Yea
Anderson — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Eng — Yea
DeVore — Yea
Yamada — Not Voting
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
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 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Fuentes — Yea
Charles — Yea
Hall — Yea
De — Yea
Leon — Yea
Harkey — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Krekorian — Yea
Miller — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Nielsen — Yea
Price — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation housing
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Frequently asked questions

What does AB 765 do?
The Personal Income Tax Law authorizes a credit against the taxes imposed by that law in an amount equal to the lesser of 5% of the purchase price or $10,000 in the case of the purchase of a qualified principal residence on and after March 1, 2009, and before March 1, 2010, but not to exceed an aggregate limitation of $100,000,000 for all credits allowable. Existing law requires a certification that the residence has never been occupied be provided to the Franchise Tax Board within one week of the sale of the qualified principal residence. This bill would limit the credit to taxpayers who purchased a qualified principal residence on and after March 1, 2009, and before July 3, 2009, and on and after the effective date of this bill and before March 1, 2010. This bill would also require the aggregate limitation of credits to be reduced by a specified amount per certification received by the Franchise Tax Board. (2) The bill would appropriate the sum of $44,000 from the General Fund to the Franchise Tax Board, in augmentation of a specified appropriation made in the 2009-10 Budget Act. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 765?
AB 765 is sponsored by Ashburn, Portantino, Salas, Caballero, Conway, Coto, Emmerson, Galgiani, Gilmore, Hagman, Harkey, Huber, Hill, Jeffries, Logue, Ma, Mendoza, Nestande, Nielsen, Silva, Smyth, Solorio, Steinberg, Torres, Tran, and Wolk.
What is the current status of AB 765?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 765?
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