California 2009-2010 Regular Session Status: To Executive

SB 765 — Sales and use taxes: exemptions: thrift stores operated by designated entities on military installations.

Last action — Chaptered by Secretary of State. Chapter 615, Statutes of 2009.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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. That law provides various exemptions from that tax. This bill would, until January 1, 2014, exempt from sales and use tax, the sale of tangible personal property by a designated entity that operates a thrift store on a military installation, whose purpose is to assist members of the Armed Forces of the United States, and eligible family members and survivors. 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. 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 act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 615, 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 2341.) To enrollment.

  5. To Special Consent Calendar.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 76. Noes 0. Page 2923.) To Senate.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee on August 27.)

  11. From committee: Do pass as amended. (Ayes 17. Noes 0.)

  12. Set, first hearing. Referred to APPR. suspense file.

  13. (Heard in committee on July 6.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) Re-referred to Com. on APPR.

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

  16. To Com. on REV. & TAX.

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

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

  19. To Special Consent Calendar.

  20. Read second time. To third reading.

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

  22. Set for hearing May 26.

  23. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 8. Noes 0. Page 915.) Re-referred to Com. on APPR.

  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 30.

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

Sponsors

  • Dutton · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Dutton

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

Special Consent #20 SB765 Dutton

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
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
Liu — Yea
Cogdill — Yea
Corbett — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Walters — Yea
Wolk — 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 765 Dutton Senate Third Reading By SALAS

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 3000
Republican 3000
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Hall — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Bass — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Not Voting
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Gilmore — 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 as amended.

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
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Yea
Harkey — Yea
Coto — Yea
Miller — Yea
Torlakson — Yea
Ammiano — Yea
Hill — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #7 SB765 Dutton

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
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Runner — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Kehoe — Yea
Leno — Yea
Maldonado — Yea
Romero — Yea
Wiggins — Yea
Wyland — Yea
Cogdill — 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 765 do?
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property 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. That law provides various exemptions from that tax. This bill would, until January 1, 2014, exempt from sales and use tax, the sale of tangible personal property by a designated entity that operates a thrift store on a military installation, whose purpose is to assist members of the Armed Forces of the United States, and eligible family members and survivors. 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. 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 act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
Who sponsors SB 765?
SB 765 is sponsored by Dutton.
What is the current status of SB 765?
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 765?
Track SB 765 free on One Click Politics — get push/email alerts when it moves.

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