California 2009-2010 Regular Session Status: To Executive

AB 1087 — State Board of Equalization: sales and use taxes: administration: transportation charges: public contracts with expatriate corporations: tax treaty.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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, measured by the sales price of the property. That law provides various exclusions from gross receipts and sales price, including an exclusion for separately stated charges for transportation from the retailer's place of business or other point from which shipment is made directly to the purchaser, as specified. This bill would state that charges for transportation are separately stated when stated as a single amount and not combined in a single amount with other charges. Existing law regarding contracting between state agencies and private contractors sets forth requirements for the procurement of materials, supplies, equipment, and services by state agencies. Existing law sets out the various responsibilities of the Department of General Services, and other state agencies, in overseeing and implementing state contracting procedures and policies. Existing law prohibits a state agency from entering into any contract with an expatriate corporation, as defined, or its subsidiary, unless certain conditions are met. Existing law defines an expatriate corporation as a foreign incorporated entity that is publicly traded in the United States and that meets specified criteria. This bill would revise the definition of an expatriate corporation to also require that the entity be domiciled in a jurisdiction that does not have an income tax treaty with the United States.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 5 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 51. Noes 27. Page 3355.)

  6. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 6. Noes 1.) (September 10).

  7. Joint Rule 62(a), file notice waived. (Page 3255.)

  8. Re-referred to Com. on REV. & TAX. pursuant to Assembly Rule 77.2.

  9. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  10. Read third time, passed, and to Assembly. (Ayes 23. Noes 16. Page 2210.)

  11. Read second time. To third reading.

  12. Read third time, amended. To second reading.

  13. Reconsideration granted. (Ayes 38. Noes 0. Page 2072.)

  14. Motion to reconsider made by Senator Wolk.

  15. Read third time, passage refused. (Ayes 19. Noes 17. Page 2071.)

  16. Read second time. To third reading.

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

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 3.) (July 8).

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

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

  21. Read third time, passed, and to Senate. (Ayes 50. Noes 28. Page 2041.)

  22. Read second time. To third reading.

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

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

  26. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (May 18).

  27. In committee: Set, first hearing. Referred to REV. & TAX. suspense file.

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

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

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

  31. Read first time.

  32. From printer. May be heard in committee March 30.

  33. Introduced. To print.

Sponsors

  • Ma · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Ma

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

AB 1087 MA Concurrence in Senate Amendments

Passed 60 Yea · 30 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 562801
Democratic 3000
Republican 1200
Total 603001
% of votes cast 66%33%0%1%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Charles — Yea
Huffman — Yea
Krekorian — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Ammiano — Yea
Beall — Yea
Coto — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Cook — Nay
Garrick — Nay
Hagman — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Knight — Nay
Logue — Nay
Nestande — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hayashi — Yea
Huber — Yea
Jeffries — Nay
Lieu — Yea
Ma — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
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 →

Senate amendments be concurred in.

Passed 7 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Democratic 1000
Total 7102
% of votes cast 70%10%0%20%
How each member voted (10)
Member Party Vote
Charles — Yea
Portantino — Yea
Saldana — Yea
Hagman — Not Voting
Beall — Yea
Harkey — Not Voting
Ma — Yea
Coto — Yea
DeVore — Nay
Calderon, Lisa Democratic Yea

Official roll call →

Assembly 3rd Reading AB1087 Ma By Wolk

Passed 24 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221501
Democratic 2000
Republican 0100
Total 241601
% of votes cast 59%39%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Lowenthal — Yea
Negrete — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Runner — Nay
Leno — Yea
Ducheny — Not Voting
Dutton — Nay
Liu — Yea
McLeod — Yea
Oropeza — Yea
Ashburn — Nay
Benoit — Nay
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Nay
Maldonado — Nay
Romero — Yea
Walters — Nay
Cogdill — Nay
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1087 Ma By Wolk

Failed 20 Yea · 17 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 181604
Democratic 2000
Republican 0100
Total 201704
% of votes cast 49%41%0%10%
How each member voted (41)
Member Party Vote
Corbett — Yea
Yee — Nay
Lowenthal — Yea
Negrete — Yea
Cedillo — Not Voting
Runner — Nay
Florez — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Liu — Yea
Ashburn — Nay
Benoit — Nay
Ducheny — Not Voting
Dutton — Nay
McLeod — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Nay
Kehoe — Yea
Leno — Yea
Maldonado — Nay
Oropeza — Not Voting
Price — Yea
Simitian — Yea
Wolk — Yea
Wyland — Nay
Cogdill — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1087 Ma Reconsider

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36002
Democratic 2000
Republican 1000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cogdill — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
Ducheny — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Aanestad — Yea
Benoit — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wright — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1087 MA Assembly Third Reading

Passed 60 Yea · 30 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 562802
Democratic 3000
Republican 1200
Total 603002
% of votes cast 65%33%0%2%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Charles — Yea
Fuentes — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — 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
Chesbro — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Gilmore — Nay
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Fletcher — Nay
Bass — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Duvall — Nay
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Price — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Audra — Nay
Yamada — Not Voting
Miller — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Villines — Nay
Emmerson — Nay
Feuer — Yea
DeVore — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
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 as amended.

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
A. — Yea
Fuentes — Yea
Krekorian — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
Ammiano — Yea
Perez — Yea
Audra — Nay
Harkey — Nay
Duvall — Nay
Miller — Nay
Price — Yea
Skinner — Yea
Torlakson — Yea
Nielsen — Nay
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation labor transportation
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Frequently asked questions

What does AB 1087 do?
The Sales and Use Tax Law imposes a tax on retailers measured by 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, measured by the sales price of the property. That law provides various exclusions from gross receipts and sales price, including an exclusion for separately stated charges for transportation from the retailer's place of business or other point from which shipment is made directly to the purchaser, as specified. This bill would state that charges for transportation are separately stated when stated as a single amount and not combined in a single amount with other charges. Existing law regarding contracting between state agencies and private contractors sets forth requirements for the procurement of materials, supplies, equipment, and services by state agencies. Existing law sets out the various responsibilities of the Department of General Services, and other state agencies, in overseeing and implementing state contracting procedures and policies. Existing law prohibits a state agency from entering into any contract with an expatriate corporation, as defined, or its subsidiary, unless certain conditions are met. Existing law defines an expatriate corporation as a foreign incorporated entity that is publicly traded in the United States and that meets specified criteria. This bill would revise the definition of an expatriate corporation to also require that the entity be domiciled in a jurisdiction that does not have an income tax treaty with the United States.
Who sponsors AB 1087?
AB 1087 is sponsored by Ma.
What is the current status of AB 1087?
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 AB 1087?
Track AB 1087 free on One Click Politics — get push/email alerts when it moves.

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