California 2017-2018 Regular Session Status: Enacted

SB 872 — Local government: taxation: prohibition: groceries.

Last action — Chaptered by Secretary of State. Chapter 88, Statutes of 2018.

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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 January 10, 2018. 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 3 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 authorizes counties, cities, and other local agencies to impose various taxes and fees in connection with activity or property within those jurisdictions. The California Constitution also authorizes a charter city to levy local taxes to raise revenues for local purposes, subject to restrictions imposed by that city's charter or preemption in matters of statewide concern. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the county or city, or purchased for storage, use, or other consumption in the county or city. That law requires the county or city to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. AB 1838 of the 2017–18 Regular Session, if enacted, on and after the effective date of that measure and until January 1, 2031, would prohibit the imposition, increase, levy and collection, or enforcement by a local agency of any tax, fee, or other assessment on groceries, except as provided. That bill would allow a local agency to continue to levy and collect, enforce, or reauthorize any tax, fee, or other assessment on groceries imposed, extended, or increased on or before January 1, 2018. That bill would make inoperative on the effective date of that measure any tax, fee, or other assessment on groceries imposed by a local agency after January 1, 2018. This bill would exclude cannabis from the definition of groceries, as defined for purposes of AB 1838 of the 2017–18 Regular Session, if that bill is enacted and becomes effective. This bill would appropriate from the General Fund $12,000 to the California Department of Tax and Fee Administration to notify affected governmental entities of the requirements of AB 1838 of the 2017–18 Regular Session on its Internet Web site. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 88, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 29. Noes 5. Page 5005.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 72. Noes 0. Page 6055.) Ordered to the Senate.

  7. Assembly Rule 63 suspended. (Ayes 53. Noes 22. Page 6049.)

  8. Ordered to third reading.

  9. Withdrawn from committee.

  10. Assembly Rule 96 suspended. (Ayes 53. Noes 22. Page 6049.)

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

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

  13. Referred to Com. on BUDGET.

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

  15. Read third time. Passed. (Ayes 24. Noes 11. Page 4929.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Withdrawn from committee. (Ayes 25. Noes 11. Page 4865.)

  19. Referred to Com. on B. & F.R.

  20. From printer. May be acted upon on or after February 10.

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

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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

Unfinished Business SB872 B. & F.R. (Mitchell) Concurrence

Passed 29 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 26404
Democratic 3101
Total 29505
% of votes cast 74%13%0%13%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Yea
Beall — Yea
Hertzberg — Yea
Leyva — Yea
Monning — Yea
Morrell — Nay
Pan — Yea
Wieckowski — Yea
Fuller — Not Voting
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Allen — Yea
De León — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Chang — Yea
Hill — Yea
Dodd — Yea
Hueso — Yea
Bradford — Yea
Lara — Yea
Moorlach — Not Voting
Nielsen — Nay
Roth — Yea
Skinner — Not Voting
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Not Voting

SB 872 B. & F. R. Senate Third Reading

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 51007
Democratic 16000
Republican 5001
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Harper — Not Voting
Holden — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
Medina — Yea
Obernolte — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Chiu — Yea
Chávez — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Thurmond — Yea
Friedman — Yea
Rivas — Yea
Rubio — Yea
Gloria — Yea
Salas — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Kamlager-Dove — Not Voting
Kiley — Not Voting
Chau — Yea
Gonzalez Fletcher — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Baker — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Voepel — Not Voting
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

3rd Reading SB872 B. & F.R.

Passed 24 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201004
Democratic 4100
Total 241104
% of votes cast 62%28%0%10%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Bradford — Yea
Hill — Yea
Hueso — Not Voting
Leyva — Yea
Monning — Yea
Moorlach — Nay
Vidak — Nay
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Lara — Yea
Allen — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Dodd — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Cannella — Not Voting
De León — Not Voting
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Subjects

taxation
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Frequently asked questions

What does SB 872 do?
Existing law authorizes counties, cities, and other local agencies to impose various taxes and fees in connection with activity or property within those jurisdictions. The California Constitution also authorizes a charter city to levy local taxes to raise revenues for local purposes, subject to restrictions imposed by that city's charter or preemption in matters of statewide concern. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the county or city, or purchased for storage, use, or other consumption in the county or city. That law requires the county or city to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. AB 1838 of the 2017–18 Regular Session, if enacted, on and after the effective date of that measure and until January 1, 2031, would prohibit the imposition, increase, levy and collection, or enforcement by a local agency of any tax, fee, or other assessment on groceries, except as provided. That bill would allow a local agency to continue to levy and collect, enforce, or reauthorize any tax, fee, or other assessment on groceries imposed, extended, or increased on or before January 1, 2018. That bill would make inoperative on the effective date of that measure any tax, fee, or other assessment on groceries imposed by a local agency after January 1, 2018. This bill would exclude cannabis from the definition of groceries, as defined for purposes of AB 1838 of the 2017–18 Regular Session, if that bill is enacted and becomes effective. This bill would appropriate from the General Fund $12,000 to the California Department of Tax and Fee Administration to notify affected governmental entities of the requirements of AB 1838 of the 2017–18 Regular Session on its Internet Web site. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 872?
SB 872 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 872?
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Where can I track SB 872?
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