California 2011-2012 Regular Session Status: Enacted

SB 805 — Sales and use taxes: consumers: veterans: itinerant vendors.

Last action — Chaptered by Secretary of State. Chapter 246, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 18, 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 6 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 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. Existing law provides 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. This provision will be repealed on January 1, 2012. This bill would extend that repeal date to January 1, 2022. 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. Amendments to 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 246, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 34. Noes 0. Page 2017.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 76. Noes 0. Page 2344.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 6).

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 13).

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

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

  14. Read third time. Passed. (Ayes 37. Noes 0. Page 988.) Ordered to the Assembly.

  15. Read second time. Ordered to consent calendar.

  16. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  17. Set for hearing May 9.

  18. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 763.) (April 27). Re-referred to Com. on APPR.

  19. Set for hearing April 27.

  20. Hearing postponed by committee.

  21. Set for hearing May 11.

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

  23. From printer. May be acted upon on or after March 22.

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

Sponsors

  • Committee on Veterans Affairs · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Committee on Veterans Affairs

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 #8 SB805 Committee on V.A.

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 0001
Democratic 0002
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Hernandez — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Alquist — Yea
Harman — Not Voting
Huff — Yea
Simitian — Not Voting
Vargas — Yea
Walters — Yea
Wolk — Yea
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

SB 805 V. A. Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 73004
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Butler — Yea
Carter — Yea
Feuer — Yea
Fong — Yea
Cedillo — Yea
Furutani — Yea
Allen — Yea
Gatto — Yea
Hagman — Yea
Portantino — Yea
John A. Pérez — Yea
Hill — Yea
Fletcher — Yea
Huber — Yea
Logue — Yea
Alejo — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Valadao — Yea
Wagner — Yea
Galgiani — Yea
Gordon — Yea
Halderman — Yea
Hall — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Garrick — Not Voting
Mitchell — Not Voting
Beall — Yea
Block — Yea
Gorell — Not Voting
Campos — Yea
Donnelly — Yea
Mendoza — Yea
Monning — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Pan — Yea
Silva — Yea
Swanson — Yea
Torres — Yea
Williams — Yea
Chesbro — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Beth Gaines — Not Voting
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, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Gatto — Yea
Harkey — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Blumenfield — Yea
Davis — Not Voting
Norby — Yea
Solorio — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Wagner — Yea
Donnelly — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Consent Calendar 2nd SB805 Committee on V.A.

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 0001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
Dutton — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Hernandez — Yea
Rubio — Yea
Huff — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Harman — Yea
Wyland — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

taxation veterans
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 805 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. Existing law provides 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. This provision will be repealed on January 1, 2012. This bill would extend that repeal date to January 1, 2022. 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. Amendments to 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 SB 805?
SB 805 is sponsored by Committee on Veterans Affairs.
What is the current status of SB 805?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 805?
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