California 2009-2010 Regular Session Status: Passed Senate

SB 1391 — Income taxes: business tax incentives: reporting information and recapture.

Last action — Senate refuses to concur in Assembly amendments. (Ayes 20. Noes 17. Page 5115.)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Personal Income Tax Law and the Corporation Tax Law authorize various credits, deductions, exclusions, exemptions, and other tax benefits with respect to the taxes imposed by those laws. This bill would require a taxpayer, as described, doing business in California that claims a business tax incentive, as provided, to submit to the Franchise Tax Board on the original return specified information, including the number of employees employed by the taxpayer in the state. The bill would also require, in cases in which a taxpayer has a disqualifying event resulting in a net decrease in the number of full-time employees for a business tax incentive added by statute on or after January 1, 2011, the business tax incentive to be recaptured, and the taxable amount computed in accordance with specified procedures.

Bill Text

Action History

  1. Senate refuses to concur in Assembly amendments. (Ayes 20. Noes 17. Page 5115.)

  2. In Senate.

  3. Read third time. Passed. (Ayes 46. Noes 28. Page 6690.) To Senate.

  4. Assembly Rule 69(d) suspended. (Page 6463.)

  5. Read third time. Amended. (Page 6425.) To third reading.

  6. Read second time. To third reading.

  7. Read second time. Amended. To second reading.

  8. (Heard in committee August 12.)

  9. From committee: Do pass as amended. (Ayes 12. Noes 5.)

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

  11. (August 2 amended measure version corrected August 3.)

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

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

  14. (Heard in committee on June 28.)

  15. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 3.)

  16. To Com. on REV. & TAX.

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

  18. Read third time. Passed. (Ayes 22. Noes 11. Page 3776.) To Assembly.

  19. Read second time. To third reading.

  20. From committee: Do pass. (Ayes 6. Noes 3. Page 3594.)

  21. Set for hearing May 24.

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

  23. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 3548.)

  24. Set for hearing May 12.

  25. Hearing postponed by committee.

  26. Set for hearing April 28.

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

  28. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  29. To Com. on RLS.

  30. From print. May be acted upon on or after March 22.

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

Sponsors

  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Yee

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

W/O REF. TO FILE SB1391 Yee Concurrence

Failed 21 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 191602
Democratic 2000
Republican 0100
Total 211702
% of votes cast 53%43%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Corbett — Yea
Harman — Nay
Leno — Yea
Runner — Nay
Ashburn — Nay
Blakeslee — Nay
Ducheny — Nay
Dutton — Nay
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wyland — Nay
Oropeza — Not Voting
Walters — Nay
Wiggins — Not Voting
Wright — Nay
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Romero — Yea
Wolk — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 1391 Yee Senate Third Reading By SWANSON

Passed 53 Yea · 31 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 502806
Democratic 2100
Republican 1200
Total 533106
% of votes cast 59%34%0%7%
How each member voted (90)
Member Party Vote
Carter — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Chesbro — Yea
Hall — Yea
Hayashi — Yea
Charles — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Galgiani — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
DeVore — Nay
Gilmore — Nay
Hagman — Nay
Huber — Not Voting
Jeffries — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Anderson — Nay
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Knight — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Villines — Nay
Eng — Yea
Davis — Yea
Fuentes — Yea
Fuller — Nay
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
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 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Fuentes — Yea
Hall — Yea
De — Yea
Leon — Yea
Solorio — Yea
Conway — Nay
Harkey — Nay
Miller — Nay
Nielsen — Nay
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Huffman — Yea
Norby — Nay
Skinner — Yea
Coto — Yea
Davis — Yea
Gatto — Yea

Official roll call →

Senate 3rd Reading SB1391 Yee

Passed 23 Yea · 11 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211005
Democratic 2000
Republican 0100
Total 231105
% of votes cast 59%28%0%13%
How each member voted (39)
Member Party Vote
Hancock — Yea
Yee — Yea
Corbett — Yea
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Runner — Not Voting
Cogdill — Nay
Harman — Nay
Hollingsworth — Nay
Huff — Not Voting
Oropeza — Not Voting
Ashburn — Nay
Dutton — Nay
Walters — Nay
Aanestad — Nay
Alquist — Yea
Liu — Yea
Romero — Yea
Simitian — Yea
Wiggins — Not Voting
Wright — Yea
Cedillo — Yea
Wyland — Nay
Correa — Nay
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6302
Total 6302
% of votes cast 55%27%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Leno — Yea
Price — Not Voting
Alquist — Yea
Kehoe — Yea
Walters — Nay
Wolk — Yea
Corbett — Yea
Cox — Nay
Denham — Not Voting

Official roll call →

Subjects

taxation
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Frequently asked questions

What does SB 1391 do?
The Personal Income Tax Law and the Corporation Tax Law authorize various credits, deductions, exclusions, exemptions, and other tax benefits with respect to the taxes imposed by those laws. This bill would require a taxpayer, as described, doing business in California that claims a business tax incentive, as provided, to submit to the Franchise Tax Board on the original return specified information, including the number of employees employed by the taxpayer in the state. The bill would also require, in cases in which a taxpayer has a disqualifying event resulting in a net decrease in the number of full-time employees for a business tax incentive added by statute on or after January 1, 2011, the business tax incentive to be recaptured, and the taxable amount computed in accordance with specified procedures.
Who sponsors SB 1391?
SB 1391 is sponsored by Yee.
What is the current status of SB 1391?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 1391?
Track SB 1391 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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