California 2011-2012 Regular Session Status: Enacted

AB 289 — Sales and use taxes: exemption: charitable thrift stores.

Last action — Chaptered by Secretary of State - Chapter 289, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 08, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Sales and Use Tax Law imposes on retailers measured by the gross receipts from the sale 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. The law provides various exemptions from this tax, including an exemption for retail items sold by thrift stores operated by nonprofit organizations, if the purpose of that thrift store is to obtain funding for medical, hospice, or social services provided to individuals with HIV or AIDS by the nonprofit organization. This exemption will be repealed January 1, 2012. This bill would extend that repeal date to January 1, 2019. 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 existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into 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 bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 289, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2164.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 9. Noes 0.) (August 25).

  8. In committee: Referred to APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (June 29). Re-referred to Com. on APPR.

  10. Referred to Com. on GOV. & F.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1647.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 17. Noes 0.) (May 27).

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

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (May 16).

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

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

  21. From printer. May be heard in committee March 11.

  22. Read first time. To print.

Sponsors

  • Cedillo · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Cedillo

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

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Huff — Yea
Lieu — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Cannella — Yea
Fuller — Yea
Runner — Not Voting
Hernandez — Yea
Dutton — Yea
Kehoe — Yea
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Alquist — Yea
Harman — Not Voting
Pavley — Yea
Steinberg — Yea
Wright — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Lieu — Yea
Alquist — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Kehoe — Yea
Pavley — Yea
Alquist — Yea
Price — Yea
Walters — Yea
Lieu — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Yea
Yamada — Yea
Hagman — Yea
Halderman — Yea
Butler — Yea
Campos — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Jeffries — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Carter — Yea
Logue — Yea
Portantino — Yea
Bradford — Yea
Cedillo — Yea
Chesbro — Yea
Davis — Yea
Donnelly — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Allen — Yea
Bonilla — Yea
Eng — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gorell — Not Voting
Beall — Yea
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Miller — Yea
Olsen — Yea
Perea — Yea
Swanson — Yea
Cook — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Mitchell — Yea
Gatto — Yea
Campos — Yea
Harkey — Yea
Blumenfield — Yea
Donnelly — Yea
Norby — Yea
Solorio — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Wagner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 289 do?
The Sales and Use Tax Law imposes on retailers measured by the gross receipts from the sale 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. The law provides various exemptions from this tax, including an exemption for retail items sold by thrift stores operated by nonprofit organizations, if the purpose of that thrift store is to obtain funding for medical, hospice, or social services provided to individuals with HIV or AIDS by the nonprofit organization. This exemption will be repealed January 1, 2012. This bill would extend that repeal date to January 1, 2019. 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 existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into 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 bill would take effect immediately as a tax levy.
Who sponsors AB 289?
AB 289 is sponsored by Cedillo.
What is the current status of AB 289?
This bill has been enacted into law. Introduced February 08, 2011. Enacted.
Where can I track AB 289?
Track AB 289 free on One Click Politics — get push/email alerts when it moves.

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