California 2009-2010 Regular Session Status: Passed Assembly

AB 394 — Sales and use taxes: exemption: automobile manufacturing.

Last action — From Senate committee without further action.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) 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. This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, tangible personal property, as specified, purchased for use by an automobile manufacturer located in Fremont, California or purchased for use by a contractor who will use the property in performing a construction contract for the automobile manufacturer, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these laws. This bill would provide that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state sales and use taxes. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation.

Bill Text

Action History

  1. From Senate committee without further action.

  2. 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.

  3. (Ayes 23. Noes 14. Page 2280.)

  4. Senate Rule 29.3 suspended.

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

  6. (Page 1907.)

  7. Withdrawn from committee. Re-referred to Com. on RLS.

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

  9. In committee: Set, second hearing. Hearing canceled at the request of author.

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Referred to Com. on G.O.

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

  13. Read third time, passed, and to Senate. (Ayes 53. Noes 24. Page 1838.)

  14. Read second time. To third reading.

  15. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  16. In committee: Set, first hearing. Referred to APPR. suspense file.

  17. In committee: Hearing postponed by committee.

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 30).

  19. Re-referred to Com. on E. & R.

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

  21. Referred to Com. on E. & R.

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

  23. Read first time. To print.

Sponsors

  • Corbett · Cosponsor
  • Torrico · Primary
  • Wright · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 3 voted No

Sponsors (1)

  • Torrico

Co-sponsors (2)

  • Corbett
  • Wright

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 394 FUENTES Assembly Third Reading

Passed 63 Yea · 25 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 592304
Democratic 3000
Republican 1200
Total 632504
% of votes cast 68%27%0%4%
How each member voted (92)
Member Party Vote
Eng — Yea
Feuer — Yea
Carter — Yea
Chesbro — Yea
Fuentes — Yea
Tom — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Blumenfield — Yea
Huffman — Yea
Lieu — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Fuller — Nay
Gilmore — Nay
Yamada — Yea
Fletcher — Nay
Audra — Nay
Bill — Not Voting
Hagman — Nay
Jeffries — Nay
Conway — Nay
Cook — Nay
Knight — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Price — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Bass — Yea
Blakeslee — Not Voting
DeVore — Nay
Duvall — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Nay
Beall — Yea
Block — Not Voting
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Huber — Yea
Krekorian — Yea
Logue — Nay
Ma — Yea
Monning — Yea
Nielsen — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Coto — Yea
Evans — Yea
Davis — Yea
Furutani — Yea
Garrick — Nay
Beth Gaines — Nay
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 Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Duvall — Nay
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Price — Yea
Skinner — Yea
Ammiano — Yea
Harkey — Nay
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation labor
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Frequently asked questions

What does AB 394 do?
(1) 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. This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, tangible personal property, as specified, purchased for use by an automobile manufacturer located in Fremont, California or purchased for use by a contractor who will use the property in performing a construction contract for the automobile manufacturer, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and the Transactions and Use Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated in these laws. This bill would provide that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state sales and use taxes. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation.
Who sponsors AB 394?
AB 394 is sponsored by Corbett, Torrico, and Wright.
What is the current status of AB 394?
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 394?
Track AB 394 free on One Click Politics — get push/email alerts when it moves.

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