California 2011-2012 Regular Session Status: In Committee

AB 1941 — Taxation: qualified heavy equipment.

Last action — In committee: Set, first hearing. Held under submission.

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

This bill died with 2011-2012 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 California Constitution authorizes the Legislature to classify personal property for differential taxation or for exemption by means of a statute approved by a 23 vote of the membership of each house. This bill would, pursuant to this constitutional authorization, on and after January 1, 2013, impose a tax on every qualified lessee, as defined, of qualified heavy equipment, as defined, for the privilege of leasing or renting qualified heavy equipment in this state at the rate of 1.25% of the gross receipts of the qualified lessee. This bill would provide that this tax shall be in lieu of any personal property tax on qualified heavy equipment. This bill would require the tax to be administered by the State Board of Equalization and to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require all revenues, interest, penalties, and other amounts derived from the imposition of the tax to be deposited in the Heavy Equipment Revenue Fund in the State Treasury, established by this bill. This bill would require all revenues in the fund, upon appropriation by the Legislature, to be used to reimburse local entities for their loss of property tax revenues resulting from this bill. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandate local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. In committee: Set, first hearing. Held under submission.

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

  3. In committee: Hearing postponed by committee.

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

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

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

  7. From printer. May be heard in committee March 24.

  8. Read first time. To print.

Sponsors

  • Ma · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Ma

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

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Frequently asked questions

What does AB 1941 do?
The California Constitution authorizes the Legislature to classify personal property for differential taxation or for exemption by means of a statute approved by a 23 vote of the membership of each house. This bill would, pursuant to this constitutional authorization, on and after January 1, 2013, impose a tax on every qualified lessee, as defined, of qualified heavy equipment, as defined, for the privilege of leasing or renting qualified heavy equipment in this state at the rate of 1.25% of the gross receipts of the qualified lessee. This bill would provide that this tax shall be in lieu of any personal property tax on qualified heavy equipment. This bill would require the tax to be administered by the State Board of Equalization and to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require all revenues, interest, penalties, and other amounts derived from the imposition of the tax to be deposited in the Heavy Equipment Revenue Fund in the State Treasury, established by this bill. This bill would require all revenues in the fund, upon appropriation by the Legislature, to be used to reimburse local entities for their loss of property tax revenues resulting from this bill. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandate local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Who sponsors AB 1941?
AB 1941 is sponsored by Ma.
What is the current status of AB 1941?
This bill died with 2011-2012 Regular Session. It reached “In Committee” 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 AB 1941?
Track AB 1941 free on One Click Politics — get push/email alerts when it moves.

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