California 2011-2012 Regular Session Status: To Executive

SB 364 — Income taxes: business tax credits: reporting information and penalty.

Last action — Veto sustained.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 with respect to the taxes imposed by those laws. This bill would, with respect to any business tax credit, as defined, enacted after the effective date of this bill, require a qualified taxpayer, as defined, that claims a business tax credit and that has a specified net decrease in its employees in this state to pay a penalty, as specified. This bill would also require a qualified taxpayer to submit to the Franchise Tax Board on the original return specified information, including the number of annual full-time equivalent employees employed by the qualified taxpayer in the state in the current and previous year, as provided. The bill would impose a penalty if that information is not provided.

Bill Text

Action History

  1. Veto sustained.

  2. Consideration of Governor's veto stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

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

  6. Assembly amendments concurred in. (Ayes 22. Noes 15. Page 2271.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 42. Noes 28. Page 2793.) Ordered to the Senate.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 5.) (August 25).

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

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

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

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 27).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.

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

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

  18. Read third time. Passed. (Ayes 22. Noes 17. Page 1238.) Ordered to the Assembly.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 6. Noes 2. Page 1116.) (May 26).

  21. Set for hearing May 26.

  22. Placed on APPR. suspense file.

  23. Set for hearing May 16.

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

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3. Page 762.) (April 27).

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  27. Set for hearing April 27.

  28. Hearing postponed by committee.

  29. Set for hearing April 6.

  30. Hearing postponed by committee.

  31. Set for hearing March 30.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  33. Hearing postponed by committee.

  34. Set for hearing April 27.

  35. Hearing postponed by committee.

  36. Set for hearing March 23.

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

  38. From printer. May be acted upon on or after March 18.

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

Sponsors

  • Huffman · Cosponsor
  • Yee · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Yee

Co-sponsors (1)

  • Huffman

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Unfinished Business SB364 Yee Concurrence

Passed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 2000
Republican 0100
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Harman — Nay
Cannella — Nay
Runner — Nay
Corbett — Yea
Anderson — Nay
Blakeslee — Not Voting
Dutton — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Walters — Not Voting
Wolk — Yea
Wright — Nay
Alquist — Not Voting
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 364 Yee Senate Third Reading By ENG

Passed 42 Yea · 28 Nay · 10 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 4126010
Democratic 1000
Total 4228010
% of votes cast 53%35%0%13%
How each member voted (80)
Member Party Vote
Hall — Yea
Campos — Not Voting
Atkins — Yea
Garrick — Nay
Gordon — Not Voting
Fletcher — Nay
Gorell — Not Voting
Hagman — Nay
Chesbro — Yea
Halderman — Nay
Bonilla — Not Voting
Harkey — Nay
Huber — Nay
Jeffries — Nay
Alejo — Not Voting
Block — Yea
Cook — Nay
Donnelly — Nay
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Not Voting
Feuer — Yea
Furutani — Yea
Fong — Yea
Hayashi — Yea
Allen — Yea
Hill — Yea
Butler — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Blumenfield — Yea
Carter — Yea
Cedillo — Yea
Hueso — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Achadjian — Nay
Ammiano — Yea
Beall — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Huffman — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Pan — Yea
Smyth — Nay
Torres — Yea
Wagner — Nay
Conway — Nay
Eng — Yea
Davis — Not Voting
Dickinson — Yea
Fuentes — Yea
Galgiani — Not Voting
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Mitchell — Yea
Campos — Not Voting
Davis — Yea
Donnelly — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Hill — Yea
Lara — Yea
Nielsen — Nay
Norby — Nay
Solorio — Yea
Wagner — Nay
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 22 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 201601
Democratic 2000
Republican 0100
Total 221701
% of votes cast 55%43%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Harman — Nay
Huff — Nay
Alquist — Yea
Blakeslee — Nay
Dutton — Nay
Leno — Yea
Lieu — Yea
Price — Yea
Vargas — Yea
Wolk — Yea
Runner — Nay
Rubio — Not Voting
Anderson — Nay
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wright — Nay
Cannella — Nay
Wyland — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Kehoe — Yea
Lieu — Yea
Runner — Nay
Walters — Nay
Alquist — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

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
Lieu — Yea
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

What does SB 364 do?
The Personal Income Tax Law and the Corporation Tax Law authorize various credits with respect to the taxes imposed by those laws. This bill would, with respect to any business tax credit, as defined, enacted after the effective date of this bill, require a qualified taxpayer, as defined, that claims a business tax credit and that has a specified net decrease in its employees in this state to pay a penalty, as specified. This bill would also require a qualified taxpayer to submit to the Franchise Tax Board on the original return specified information, including the number of annual full-time equivalent employees employed by the qualified taxpayer in the state in the current and previous year, as provided. The bill would impose a penalty if that information is not provided.
Who sponsors SB 364?
SB 364 is sponsored by Huffman and Yee.
What is the current status of SB 364?
This bill died with 2011-2012 Regular Session. It reached “To Executive” 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 364?
Track SB 364 free on One Click Politics — get push/email alerts when it moves.

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