SB 901 — Taxation: undocumented immigrants.
Last action — From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 2. Page 5131.)
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Existing law creates within state government the Department of Justice. Existing law provides that the department is under the direction and control of the Attorney General. Existing law requires the Franchise Tax Board to, among other things, administer personal and corporation income tax laws and certain other nontax programs, including the collection of specified delinquent debt. This bill would, until January 1, 2020, establish a program that would require the Department of Justice, until January 1, 2018, to report to the Franchise Tax Board information on a qualified person, defined as, among others, a person who is not eligible to receive a social security number, but who has filed a state income tax return with a valid individual taxpayer identification number. The bill would require the Franchise Tax Board to submit an annual report to the Legislature, until January 1, 2019, that details the tax receipts collected from qualified persons who participate in the program. The bill would provide that information collected under the program is confidential and not subject to public disclosure under the California Public Records Act, except for purposes authorized under the act. The bill would require the destruction of all records collected under the act, as specified. The California Constitution provides that the powers of state government are legislative, executive, and judicial. Existing law requires that the Governor see that the law is faithfully executed. Existing law provides that the Governor is the sole official organ of communication between the state and the government of any other state or of the United States. Existing federal law regulates immigration. This bill would require the Governor to request that the President of the United States direct the Department of Homeland Security, the United States Immigration and Customs Enforcement (ICE) , and other relevant federal agencies to not expend resources during the term of the program to apprehend, detain, or remove any qualified person participating in the program, or to prosecute any individual employing a qualified person.
Bill Text
- Amended 08/29/12 - Amended Assembly Current pdf August 29, 2012
- Amended 08/22/12 - Amended Assembly pdf August 22, 2012
- Introduced 02/18/11 - Introduced pdf February 18, 2011
- SB901 View text html
Action History
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From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 2. Page 5131.)
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From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 5082.) Re-referred to Com. on PUB. S.
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Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 43. Noes 32. Page 6741.) Ordered to the Senate.
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 7. Noes 2.) (August 28).
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Joint Rule 62(a) file notice suspended. (Page 6357.)
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (August 24). Re-referred to Com. on JUD.
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Joint Rule 62(a) file notice suspended. (Ayes 48. Noes 27. Page 6207.)
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Re-referred to Coms. on REV. & TAX. and JUD. pursuant to Assembly Rule 77.2.
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Ordered to third reading.
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Read third time and amended. (Ayes 51. Noes 26. Page 6089.)
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Ordered to third reading.
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Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.
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In Assembly. Held at Desk.
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Ordered to the Assembly.
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Withdrawn from engrossing and enrolling.
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In Senate. Ordered to engrossing and enrolling.
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Read third time. Passed. (Ayes 79. Noes 0. Page 5966.) Ordered to the Senate.
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Read second time. Ordered to consent calendar.
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From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (June 11). Re-referred to Com. on APPR.
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Referred to Com. on TRANS.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 35. Noes 0. Page 2701.) Ordered to the Assembly.
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Read second time. Ordered to consent calendar.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
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Set for hearing January 17.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0. Page 2639.) (January 11). Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on E.Q. (Ayes 8. Noes 0. Page 2641.) (January 10). Re-referred to Com. on E.Q.
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Set for hearing January 11 in E.Q. pending receipt.
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Set for hearing January 10.
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Hearing postponed by committee.
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Set for hearing April 12.
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Referred to Coms. on T. & H. and E.Q.
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From printer. May be acted upon on or after March 22.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Fuentes · Cosponsor
- Steinberg · Primary
- Stephen C. Padilla · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 5 voted No
Sponsors (1)
- Steinberg
Co-sponsors (2)
- Fuentes
- Padilla, Stephen C. Democratic
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 4 | 2 | 0 | 1 |
| % of votes cast | 57% | 29% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Harman | — | Nay |
| Steinberg | — | Yea |
| Anderson | — | Nay |
| Liu | — | Yea |
| Price | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 29 | 0 | 5 |
| Republican | 0 | 2 | 0 | 0 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 43 | 32 | 0 | 5 |
| % of votes cast | 54% | 40% | 0% | 6% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Hagman | — | Nay |
| Butler | — | Yea |
| Feuer | — | Yea |
| Furutani | — | Yea |
| Gatto | — | Yea |
| Carter | — | Yea |
| Hayashi | — | Yea |
| Huber | — | Yea |
| Hueso | — | Yea |
| Huffman | — | Yea |
| Cedillo | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Perea | — | Yea |
| Yamada | — | Not Voting |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Garrick | — | Nay |
| Campos | — | Yea |
| Allen | — | Nay |
| Gorell | — | Nay |
| Portantino | — | Nay |
| Fletcher | — | Not Voting |
| Halderman | — | Nay |
| Fong | — | Not Voting |
| Hall | — | Yea |
| Harkey | — | Nay |
| Chesbro | — | Yea |
| Jeffries | — | Nay |
| Lara | — | Yea |
| Logue | — | Nay |
| Beall | — | Yea |
| Block | — | Not Voting |
| Conway | — | Nay |
| Cook | — | Nay |
| Donnelly | — | Nay |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Monning | — | Yea |
| Morrell | — | Nay |
| Nielsen | — | Nay |
| Norby | — | Nay |
| Olsen | — | Nay |
| Pan | — | Yea |
| Silva | — | Nay |
| Smyth | — | Nay |
| Swanson | — | Nay |
| Torres | — | Yea |
| Valadao | — | Nay |
| Wagner | — | Nay |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Nay |
| Buchanan | — | Yea |
| Hill | — | Yea |
| Knight | — | Nay |
| Ma | — | Yea |
| Mansoor | — | Nay |
| Nestande | — | Nay |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Williams | — | Yea |
| Eng | — | Not Voting |
| Davis | — | Yea |
| Dickinson | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 2 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 7 | 2 | 0 | 1 |
| % of votes cast | 70% | 20% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Gorell | — | Nay |
| Cedillo | — | Yea |
| Alejo | — | Yea |
| Dickinson | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Huber | — | Yea |
| Wagner | — | Nay |
| Feuer | — | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 2 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 5 | 1 | 0 | 3 |
| % of votes cast | 56% | 11% | 0% | 33% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Harkey | — | Not Voting |
| Cedillo | — | Yea |
| Fletcher | — | Not Voting |
| Nestande | — | Nay |
| Beall | — | Yea |
| Perea | — | Yea |
| Fuentes | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 24 | 0 | 3 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 51 | 26 | 0 | 3 |
| % of votes cast | 64% | 33% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gorell | — | Nay |
| Halderman | — | Nay |
| Butler | — | Yea |
| Eng | — | Yea |
| Fuentes | — | Yea |
| Furutani | — | Yea |
| Gatto | — | Yea |
| Carter | — | Yea |
| Cedillo | — | Yea |
| Harkey | — | Yea |
| Fong | — | Yea |
| Allen | — | Yea |
| Huber | — | Yea |
| Hueso | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Ammiano | — | Yea |
| Davis | — | Yea |
| Ma | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Williams | — | Yea |
| Yamada | — | Yea |
| Garrick | — | Nay |
| Campos | — | Yea |
| Gordon | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Hagman | — | Nay |
| Chesbro | — | Yea |
| Hall | — | Yea |
| Fletcher | — | Not Voting |
| Portantino | — | Not Voting |
| Cook | — | Nay |
| Beall | — | Yea |
| Donnelly | — | Nay |
| Knight | — | Nay |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Monning | — | Yea |
| Nestande | — | Nay |
| Nielsen | — | Nay |
| Norby | — | Nay |
| Pan | — | Yea |
| Silva | — | Nay |
| Smyth | — | Nay |
| Solorio | — | Yea |
| Torres | — | Yea |
| Valadao | — | Nay |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Hill | — | Yea |
| Huffman | — | Yea |
| Jeffries | — | Nay |
| Lara | — | Yea |
| Logue | — | Nay |
| Mansoor | — | Nay |
| Morrell | — | Nay |
| Olsen | — | Nay |
| Perea | — | Yea |
| Wagner | — | Nay |
| Conway | — | Nay |
| Feuer | — | Yea |
| Dickinson | — | Yea |
| Galgiani | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Not Voting |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 76 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 79 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Yea |
| Butler | — | Yea |
| Campos | — | Yea |
| Feuer | — | Yea |
| Garrick | — | Yea |
| Halderman | — | Yea |
| Huber | — | Yea |
| Hueso | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Jeffries | — | Yea |
| Atkins | — | Yea |
| Knight | — | Yea |
| Carter | — | Yea |
| Cedillo | — | Yea |
| Portantino | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Yea |
| Chesbro | — | Yea |
| Allen | — | Yea |
| Ammiano | — | Yea |
| Cook | — | Yea |
| Donnelly | — | Yea |
| Olsen | — | Yea |
| Pan | — | Yea |
| Perea | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Valadao | — | Yea |
| Wieckowski | — | Yea |
| Williams | — | Yea |
| Bonilla | — | Yea |
| Fong | — | Yea |
| Fletcher | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Yea |
| Gatto | — | Yea |
| Conway | — | Yea |
| Gordon | — | Yea |
| Gorell | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Hall | — | Yea |
| Hayashi | — | Yea |
| Huffman | — | Yea |
| Lara | — | Not Voting |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nestande | — | Yea |
| Nielsen | — | Yea |
| Norby | — | Yea |
| Smyth | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Yea |
| Hill | — | Yea |
| Logue | — | Yea |
| Ma | — | Yea |
| Mansoor | — | Yea |
| Solorio | — | Yea |
| Wagner | — | Yea |
| Eng | — | Yea |
| Davis | — | Yea |
| Dickinson | — | Yea |
| Furutani | — | Yea |
| Yamada | — | 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Gatto | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| Mitchell | — | Yea |
| Campos | — | Yea |
| Lara | — | Yea |
| Nielsen | — | Yea |
| Norby | — | Yea |
| Donnelly | — | Yea |
| Solorio | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Hill | — | Yea |
| Wagner | — | Yea |
| Davis | — | Yea |
| Fuentes | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 1 |
| Total | 13 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Bonilla | — | Yea |
| Eng | — | Yea |
| Portantino | — | Yea |
| Galgiani | — | Yea |
| Jeffries | — | Yea |
| Miller | — | Yea |
| Norby | — | Yea |
| Solorio | — | Not Voting |
| Achadjian | — | Yea |
| Blumenfield | — | Yea |
| Buchanan | — | Yea |
| Logue | — | Yea |
| Furutani | — | Yea |
| Bonnie Lowenthal | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 5 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 35 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Evans | — | Not Voting |
| Wyland | — | Not Voting |
| Fuller | — | Yea |
| Cannella | — | Not Voting |
| Lowenthal | — | Yea |
| De León | — | Yea |
| Hancock | — | Yea |
| Negrete McLeod | — | Yea |
| Harman | — | Yea |
| Rubio | — | Yea |
| Hernandez | — | Yea |
| Huff | — | Yea |
| Runner | — | Not Voting |
| Leno | — | Yea |
| Blakeslee | — | Yea |
| Corbett | — | Yea |
| Correa | — | Yea |
| Dutton | — | Yea |
| Lieu | — | Yea |
| Price | — | Yea |
| Simitian | — | Yea |
| Vargas | — | Yea |
| Walters | — | Yea |
| Wolk | — | Yea |
| Alquist | — | Yea |
| Anderson | — | Yea |
| Kehoe | — | Yea |
| Liu | — | Yea |
| Pavley | — | Yea |
| Steinberg | — | Yea |
| Wright | — | Yea |
| Emmerson | — | Yea |
| DeSaulnier | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| La Malfa | — | Not Voting |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hancock | — | Yea |
| Lowenthal | — | Yea |
| Blakeslee | — | Yea |
| Pavley | — | Yea |
| Simitian | — | Yea |
| Kehoe | — | Yea |
| Strickland, Tony | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Harman | — | Yea |
| Rubio | — | Yea |
| Lowenthal | — | Yea |
| Huff | — | Yea |
| DeSaulnier | — | Yea |
| Kehoe | — | Yea |
| Pavley | — | Yea |
| Simitian | — | Not Voting |
| Beth Gaines | — | Yea |
Subjects
Frequently asked questions
- What does SB 901 do?
- Existing law creates within state government the Department of Justice. Existing law provides that the department is under the direction and control of the Attorney General. Existing law requires the Franchise Tax Board to, among other things, administer personal and corporation income tax laws and certain other nontax programs, including the collection of specified delinquent debt. This bill would, until January 1, 2020, establish a program that would require the Department of Justice, until January 1, 2018, to report to the Franchise Tax Board information on a qualified person, defined as, among others, a person who is not eligible to receive a social security number, but who has filed a state income tax return with a valid individual taxpayer identification number. The bill would require the Franchise Tax Board to submit an annual report to the Legislature, until January 1, 2019, that details the tax receipts collected from qualified persons who participate in the program. The bill would provide that information collected under the program is confidential and not subject to public disclosure under the California Public Records Act, except for purposes authorized under the act. The bill would require the destruction of all records collected under the act, as specified. The California Constitution provides that the powers of state government are legislative, executive, and judicial. Existing law requires that the Governor see that the law is faithfully executed. Existing law provides that the Governor is the sole official organ of communication between the state and the government of any other state or of the United States. Existing federal law regulates immigration. This bill would require the Governor to request that the President of the United States direct the Department of Homeland Security, the United States Immigration and Customs Enforcement (ICE) , and other relevant federal agencies to not expend resources during the term of the program to apprehend, detain, or remove any qualified person participating in the program, or to prosecute any individual employing a qualified person.
- Who sponsors SB 901?
- SB 901 is sponsored by Fuentes, Steinberg, and Padilla, Stephen C. (Democratic).
- What is the current status of SB 901?
- This bill died with 2011-2012 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 901?
- Track SB 901 free on One Click Politics — get push/email alerts when it moves.
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