California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

AB 155 — State Board of Equalization: administration: retailer engaged in business in this state.

Last action — Chaptered by Secretary of State - Chapter 313, Statutes of 2011.

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  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 January 18, 2011. Enacted.

Prognosis

Advancing 60% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Mixed recorded votes

    9 passed, 1 failed in 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

Existing law imposes a sales tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, and a use tax 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 requires every retailer engaged in business in this state, as defined, and making sales of tangible personal property for storage, use, or other consumption in this state to collect the tax from the purchaser. Existing law defines a "retailer engaged in business in this state" to include a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty; a retailer entering into an agreement or agreements under which a person or persons in this state, for a commission or other consideration, directly or indirectly refer potential purchasers of tangible personal property to the retailer, whether by an Internet-based link or an Internet Web site, or otherwise, provided that 2 specified conditions are met, including the condition that the retailer, within the preceding 12 months, has total cumulative sales of tangible personal property to purchasers in this state in excess of $500,000; and a retailer that is a member of a commonly controlled group, as defined under the Corporation Tax Law, and a member of a combined reporting group, as defined, that includes another member of the retailer's commonly controlled group that, pursuant to an agreement with or in cooperation with the retailer, performs services in this state in connection with tangible personal property to be sold by the retailer. This bill would revise the definition of a "retailer engaged in business in this state" to temporarily eliminate the above-mentioned inclusions in that definition, and would condition the commencement of the operation of these inclusions upon the enactment of a certain federal law and the state's election to implement that law. This bill, for purposes of one of those inclusions, would revise the cumulative sales condition to increase the amount of total cumulative sales of tangible personal property to purchasers in this state to an amount in excess of $1,000,000. This bill would provide that certain provisions of this bill are severable. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 313, Statutes of 2011.

  2. Approved by the Governor.

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

  4. Measure version as amended on September 9 corrected.

  5. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 7. Page 3235.).

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 2470.).

  8. Ordered to third reading.

  9. Senate Rule 29.3 suspended.

  10. Read third time and amended.

  11. Joint Rule 61(a)(13) suspended. (Ayes 34. Noes 0. Page 2469.)

  12. Pursuant to Joint Rule 33.1,

  13. Reconsideration granted. (Ayes 40. Noes 0. Page 2318.)

  14. Motion to reconsider made by Senator Hancock.

  15. Read third time. Urgency clause refused adoption. (Ayes 22. Noes 12. Page 2317.)

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

  17. From committee: Do pass as amended. (Ayes 6. Noes 3.) (August 25).

  18. In committee: Placed on APPR. suspense file.

  19. In committee: Hearing postponed by committee.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (July 6). Re-referred to Com. on APPR.

  21. In committee: Hearing postponed by committee.

  22. In committee: Hearing postponed by committee.

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

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

  25. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 20. Page 1642.)

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 12. Noes 5.) (May 27).

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

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 25).

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

  33. In committee: Hearing postponed by committee.

  34. Re-referred to Com. on REV. & TAX.

  35. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

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

  37. From printer. May be heard in committee February 18.

  38. Read first time. To print.

Sponsors

  • Hancock · Cosponsor
  • Skinner · Cosponsor
  • Lisa Calderon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (2)

  • Hancock
  • Skinner

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.

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

AB 155 CALDERON Concurrence - Urgency Added

Passed 68 Yea · 7 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 67505
Democratic 1000
Republican 0200
Total 68705
% of votes cast 85%9%0%6%
How each member voted (80)
Member Party Vote
Halderman — Nay
Feuer — Yea
Fong — Yea
Butler — Yea
Fuentes — Yea
Allen — Yea
Galgiani — Yea
Garrick — Yea
Gordon — Yea
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Harkey — Yea
Fletcher — Yea
Hill — Yea
Huber — Yea
Cedillo — Yea
Huffman — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Lara — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Gorell — Not Voting
Hagman — Not Voting
Campos — Yea
Jeffries — Not Voting
Cook — Not Voting
Donnelly — Nay
Knight — Nay
Mendoza — Not Voting
Morrell — Nay
Solorio — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Logue — Yea
Ma — Yea
Mansoor — Nay
Norby — Yea
Perea — Yea
Smyth — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB155 Charles Calderon By Hancock Urgency Clause

Passed 36 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34102
Democratic 2000
Republican 0001
Total 36103
% of votes cast 90%3%0%8%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Cannella — Yea
Runner — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Hancock — Yea
Rubio — Yea
Dutton — Yea
Hernandez — Yea
Anderson — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Wyland — Nay
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

3rd Reading AB155 Charles Calderon By Hancock Reconsider

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
Anderson — Yea
Blakeslee — Yea
Harman — Yea
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Cannella — Yea
Fuller — Yea
Leno — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Alquist — Yea
Huff — Yea
Liu — Yea
Vargas — Yea
Wright — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — 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 →

3rd Reading AB155 Charles Calderon By Hancock Urgency Clause

Failed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 201106
Republican 0100
Democratic 2000
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cannella — Not Voting
Runner — Nay
Emmerson — Not Voting
Evans — Yea
Rubio — Not Voting
Fuller — Not Voting
Harman — Nay
Huff — Nay
Leno — Yea
Dutton — Nay
Walters — Nay
Wright — Not Voting
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
DeSaulnier — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Wolk — Yea
Alquist — Yea
Anderson — Nay
Blakeslee — Nay
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Wyland — Nay
Corbett — Yea
Correa — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
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 · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Runner — Nay
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Emmerson — Nay

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

Official roll call →

AB 155 CALDERON Assembly Third Reading

Passed 52 Yea · 20 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 511907
Democratic 1000
Republican 0101
Total 522008
% of votes cast 65%25%0%10%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Eng — Yea
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Fong — Yea
Allen — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Davis — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Bonilla — Yea
Beall — Yea
Dickinson — Yea
Huffman — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Skinner — Yea
Torres — Yea
Williams — Yea
Atkins — Yea
Fletcher — Nay
Gorell — Not Voting
Halderman — Nay
Cedillo — Not Voting
Jeffries — Nay
Cook — Nay
Donnelly — Nay
Miller — Nay
Morrell — Nay
Nestande — Not Voting
Nielsen — Nay
Norby — Not Voting
Silva — Nay
Solorio — Yea
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hueso — Yea
Knight — Nay
Lara — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Olsen — Not Voting
Perea — Yea
Smyth — Nay
Swanson — Yea
Valadao — Nay
Campos — Yea
Conway — Not Voting
Garrick — Not Voting
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Hall — Yea
Harkey — Nay
Mitchell — Yea
Hill — Yea
Lara — Yea
Donnelly — Nay
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Nielsen — Nay
Solorio — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

What does AB 155 do?
Existing law imposes a sales tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, and a use tax 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 requires every retailer engaged in business in this state, as defined, and making sales of tangible personal property for storage, use, or other consumption in this state to collect the tax from the purchaser. Existing law defines a "retailer engaged in business in this state" to include a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty; a retailer entering into an agreement or agreements under which a person or persons in this state, for a commission or other consideration, directly or indirectly refer potential purchasers of tangible personal property to the retailer, whether by an Internet-based link or an Internet Web site, or otherwise, provided that 2 specified conditions are met, including the condition that the retailer, within the preceding 12 months, has total cumulative sales of tangible personal property to purchasers in this state in excess of $500,000; and a retailer that is a member of a commonly controlled group, as defined under the Corporation Tax Law, and a member of a combined reporting group, as defined, that includes another member of the retailer's commonly controlled group that, pursuant to an agreement with or in cooperation with the retailer, performs services in this state in connection with tangible personal property to be sold by the retailer. This bill would revise the definition of a "retailer engaged in business in this state" to temporarily eliminate the above-mentioned inclusions in that definition, and would condition the commencement of the operation of these inclusions upon the enactment of a certain federal law and the state's election to implement that law. This bill, for purposes of one of those inclusions, would revise the cumulative sales condition to increase the amount of total cumulative sales of tangible personal property to purchasers in this state to an amount in excess of $1,000,000. This bill would provide that certain provisions of this bill are severable. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 155?
AB 155 is sponsored by Hancock, Skinner, and Calderon, Lisa (Democratic).
What is the current status of AB 155?
This bill has been enacted into law. Introduced January 18, 2011. Enacted.
Where can I track AB 155?
Track AB 155 free on One Click Politics — get push/email alerts when it moves.

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