California 2009-2010 Regular Session Status: In Committee

SB 1071 — Personal income tax: credit: prescription drugs: controlled substances tax: CURES.

Last action — From committee without further action.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes various credits against the tax imposed by that law. This bill would, on and after January 1, 2011, and before January 1, 2016, authorize a credit against that tax for a person who is 55 years of age or older in an amount equal to the amount paid or incurred for that taxpayer's own medicines or drugs, as described, that is not reimbursable or payable by public or private health insurance plans or by any 3rd party. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. Existing law also requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe or dispense these controlled substances. This bill would, on and after January 1, 2011, and before January 1, 2016, impose a tax upon every manufacturer and importer of a controlled substance classified as Schedule II, III, or IV upon the first sale of that substance at the rate of $0.0025 for each pill sold. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all taxes, penalties, and interest collected, less refunds and administrative costs, in the CURES Fund, which this bill would create. This bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to the Department of Justice for the cost of administration of the CURES program, as specified. This bill would also require a person that manufactures controlled substances classified in Schedule II, III, or IV in this state, or that imports controlled substances classified in Schedule II, III, or IV into this state, to register with the Department of Justice to enable the department to report specified information to the board for purposes of collecting a tax on those persons. Those provisions would remain in effect until January 1, 2016. Because this bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. From committee without further action.

  2. Set, second hearing. Hearing canceled at the request of author.

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

  4. (For vote only.)

  5. Set for hearing June 16.

  6. Set, first hearing. Failed passage in committee. (Ayes 4. Noes 5. Page 3466.) Reconsideration granted.

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

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

  9. Set for hearing May 5.

  10. Re-referred to Coms. on HEALTH and REV. & TAX.

  11. Withdrawn from committee.

  12. Hearing postponed by committee.

  13. Set for hearing April 14.

  14. Re-referred to Coms. on REV. & TAX. and HEALTH.

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

  16. To Com. on RLS.

  17. From print. May be acted upon on or after March 20.

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

Sponsors

  • DeSaulnier · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • DeSaulnier

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

Subjects

taxation healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1071 do?
The Personal Income Tax Law authorizes various credits against the tax imposed by that law. This bill would, on and after January 1, 2011, and before January 1, 2016, authorize a credit against that tax for a person who is 55 years of age or older in an amount equal to the amount paid or incurred for that taxpayer's own medicines or drugs, as described, that is not reimbursable or payable by public or private health insurance plans or by any 3rd party. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. Existing law also requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe or dispense these controlled substances. This bill would, on and after January 1, 2011, and before January 1, 2016, impose a tax upon every manufacturer and importer of a controlled substance classified as Schedule II, III, or IV upon the first sale of that substance at the rate of $0.0025 for each pill sold. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all taxes, penalties, and interest collected, less refunds and administrative costs, in the CURES Fund, which this bill would create. This bill would require moneys in the fund, upon appropriation by the Legislature, to be allocated to the Department of Justice for the cost of administration of the CURES program, as specified. This bill would also require a person that manufactures controlled substances classified in Schedule II, III, or IV in this state, or that imports controlled substances classified in Schedule II, III, or IV into this state, to register with the Department of Justice to enable the department to report specified information to the board for purposes of collecting a tax on those persons. Those provisions would remain in effect until January 1, 2016. Because this bill would expand the application of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would take effect immediately as a tax levy.
Who sponsors SB 1071?
SB 1071 is sponsored by DeSaulnier.
What is the current status of SB 1071?
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 1071?
Track SB 1071 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1071

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 1071

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →