California 2009-2010 Regular Session Status: To Executive

SB 809 — Sales and use taxes: consumers: veterans: itinerant vendors.

Last action — Chaptered by Secretary of State. Chapter 621, Statutes of 2009.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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, measured by sales price. That law, with certain exceptions, defines a retailer as a seller who makes any retail sale of tangible personal property and as a person who makes more than 2 retail sales of tangible personal property during any 12-month period, and defines a retail sale as a sale of tangible personal property for any purpose other than resale in the regular course of business. This bill would specify, until January 1, 2012, that a qualified itinerant vendor, as defined, is a consumer, and not a retailer, of tangible personal property owned and sold by the qualified itinerant vendor, except for alcoholic beverages or items sold for more than $100, so that the retail sale subject to tax is the sale of tangible personal property to the qualified itinerant vendor. 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 taxes. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 621, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 1 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 40. Noes 0. Page 2267.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 2915.) To Senate.

  7. Read third time. Amended. (Page 2825.) To third reading.

  8. From Consent Calendar to third reading.

  9. Read second time. To Consent Calendar.

  10. (Heard in committee on August 19.)

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

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

  13. (Heard in committee on July 6.)

  14. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 8. Noes 0.)

  15. To Com. on REV. & TAX.

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

  17. Read third time. Passed. (Ayes 39. Noes 0. Page 1149.) To Assembly.

  18. To Special Consent Calendar.

  19. Read second time. To third reading.

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

  21. Set for hearing May 26.

  22. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 915.) Re-referred to Com. on APPR.

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

  24. Set for hearing May 13.

  25. To Com. on REV. & TAX.

  26. Read first time.

  27. From print. May be acted upon on or after March 31.

  28. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Veterans Affairs · Primary
  • Ma · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Committee on Veterans Affairs

Co-sponsors (1)

  • Ma

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 SB809 Committee on V.A. (Denham)

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Harman — Yea
Hollingsworth — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Huff — Yea
Maldonado — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 809 V. A. Senate Third Reading By MA

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Republican 3000
Democratic 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Hagman — Yea
Yamada — Yea
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
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Bass — Yea
Hall — Not Voting
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Evans — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — 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 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
Conway — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Harkey — Yea
Duvall — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Hill — Yea
Miller — Yea
Skinner — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #7 SB809 Committee on V.A. (Wyland)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Harman — Yea
Corbett — Yea
Ducheny — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Benoit — Yea
Dutton — Yea
Oropeza — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wyland — Yea
Aanestad — Yea
Ashburn — Yea
Maldonado — Yea
Pavley — Yea
Wolk — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation veterans
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Frequently asked questions

What does SB 809 do?
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, measured by sales price. That law, with certain exceptions, defines a retailer as a seller who makes any retail sale of tangible personal property and as a person who makes more than 2 retail sales of tangible personal property during any 12-month period, and defines a retail sale as a sale of tangible personal property for any purpose other than resale in the regular course of business. This bill would specify, until January 1, 2012, that a qualified itinerant vendor, as defined, is a consumer, and not a retailer, of tangible personal property owned and sold by the qualified itinerant vendor, except for alcoholic beverages or items sold for more than $100, so that the retail sale subject to tax is the sale of tangible personal property to the qualified itinerant vendor. 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 taxes. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.
Who sponsors SB 809?
SB 809 is sponsored by Committee on Veterans Affairs and Ma.
What is the current status of SB 809?
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 809?
Track SB 809 free on One Click Politics — get push/email alerts when it moves.

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