California 2009-2010 Regular Session Status: To Executive

SB 1028 — State Board of Equalization: administration: interest.

Last action — Chaptered by Secretary of State. Chapter 316, 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law requires the payment of interest on late payments, or late prepayments, of tax, fee, or surcharge payments at the modified adjusted rate per month under the provisions of the Sales and Use Tax Law, Motor Vehicle Fuel Tax Law, Use Fuel Tax Law, Cigarette and Tobacco Products Tax Law, Alcoholic Beverage Tax Law, Energy Resources Surcharge Law, Emergency Telephone Users Surcharge Act, Hazardous Substances Tax Law, Integrated Waste Management Fee Law, Oil Spill Response, Prevention, and Administration Fees Law, Underground Storage Tank Maintenance Fee Law, Fee Collection Procedures Law, Diesel Fuel Tax Law, and the law governing the taxation of insurance companies. Interest is charged on a per-month basis, with one month's interest charged for each month, or fraction of a month, that a payment or prepayment is unpaid. This bill would allow, until January 1, 2016, the members of the State Board of Equalization, meeting as a public body, to find, under specified circumstances, that it is inequitable to compute interest on a monthly basis and to instead compute interest on a daily basis. The bill would also specify that the above provisions shall only apply to electronic payments or prepayments of taxes, fees, and surcharges.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 316, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4646.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 6178.) To Senate.

  7. Read second time. To Consent Calendar.

  8. (Heard in committee on August 4.)

  9. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  10. Joint Rule 62(a) file notice suspended. (Page 5989.)

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

  12. (Heard in committee on June 28.)

  13. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.)

  14. To Com. on REV. & TAX.

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

  16. Read third time. Passed. (Ayes 30. Noes 0. Page 3482.) To Assembly.

  17. To Special Consent Calendar.

  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 3.

  21. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 5. Noes 0. Page 3185.) Re-referred to Com. on APPR.

  22. Set for hearing April 14.

  23. To Com. on REV. & TAX.

  24. From print. May be acted upon on or after March 15.

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

Sponsors

  • Correa · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Correa

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

Unfinished Business SB1028 Correa

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 2000
Republican 1000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Ashburn — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Wyland — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
McLeod — Yea
Romero — Yea
Walters — Not Voting
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1028 Correa Consent Calendar Second Day Regular Session

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Yea
DeVore — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Feuer — Yea
Yamada — Yea
Furutani — 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 →

Do pass, to Consent Calendar.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Gatto — Yea
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
Conway — Yea
Coto — Yea
Miller — Yea
Norby — Yea
Solorio — Yea
Torrico — Yea
Bradford — Yea
Harkey — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Amend, and do pass as amended and be re-referred to the Committee on Appropriations with the recommendation: To Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Charles — Yea
Portantino — Yea
Coto — Yea
Harkey — Yea
Beall — Yea
Nestande — Yea
DeVore — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #23 SB1028 Correa

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Democratic 2000
Republican 0001
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Corbett — Not Voting
Ducheny — Yea
Harman — Not Voting
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Not Voting
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Huff — Yea
Liu — Not Voting
Simitian — Yea
Wolk — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

taxation
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Frequently asked questions

What does SB 1028 do?
Existing law requires the payment of interest on late payments, or late prepayments, of tax, fee, or surcharge payments at the modified adjusted rate per month under the provisions of the Sales and Use Tax Law, Motor Vehicle Fuel Tax Law, Use Fuel Tax Law, Cigarette and Tobacco Products Tax Law, Alcoholic Beverage Tax Law, Energy Resources Surcharge Law, Emergency Telephone Users Surcharge Act, Hazardous Substances Tax Law, Integrated Waste Management Fee Law, Oil Spill Response, Prevention, and Administration Fees Law, Underground Storage Tank Maintenance Fee Law, Fee Collection Procedures Law, Diesel Fuel Tax Law, and the law governing the taxation of insurance companies. Interest is charged on a per-month basis, with one month's interest charged for each month, or fraction of a month, that a payment or prepayment is unpaid. This bill would allow, until January 1, 2016, the members of the State Board of Equalization, meeting as a public body, to find, under specified circumstances, that it is inequitable to compute interest on a monthly basis and to instead compute interest on a daily basis. The bill would also specify that the above provisions shall only apply to electronic payments or prepayments of taxes, fees, and surcharges.
Who sponsors SB 1028?
SB 1028 is sponsored by Correa.
What is the current status of SB 1028?
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 1028?
Track SB 1028 free on One Click Politics — get push/email alerts when it moves.

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