SB 792 — Sales and use tax: returns: online transactions: local jurisdiction schedule.
Last action — Veto sustained.
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed Assembly
-
5To Executive
-
6Enacted
This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or 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. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property, the storage, use, or other consumption of which is subject to the use tax, as specified. Existing law requires a retailer or purchaser subject to the sales and use tax to file, on or before the last day of the month following each quarterly period, a return for the preceding quarterly period. This bill, for reporting periods beginning on or after January 1, 2022, would require a qualified retailer, defined as a retailer whose annual qualified sales of tangible personal property transacted online exceeded $50,000,000 for the previous calendar year, to include with each tax return a schedule that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction. The bill would subject a qualified retailer who fails or refuses to timely furnish that schedule to a penalty of $5,000. The bill would define terms for its purposes.
Bill Text
- Enrolled 09/14/21 - Enrolled Current pdf September 14, 2021
- Amended 08/26/21 - Amended Assembly pdf August 26, 2021
- Amended 07/08/21 - Amended Assembly pdf July 08, 2021
- Amended 05/20/21 - Amended Senate pdf May 20, 2021
- Introduced 02/19/21 - Introduced pdf February 19, 2021
- SB792 View text html
Action History
-
Veto sustained.
-
Stricken from file.
-
In Senate. Consideration of Governor's veto pending.
-
Vetoed by the Governor.
-
Enrolled and presented to the Governor at 1:30 p.m.
-
Assembly amendments concurred in. (Ayes 31. Noes 4. Page 2637.) Ordered to engrossing and enrolling.
-
In Senate. Concurrence in Assembly amendments pending.
-
Read third time. Passed. (Ayes 56. Noes 14. Page 3137.) Ordered to the Senate.
-
Ordered to third reading.
-
Read third time and amended.
-
Read second time. Ordered to third reading.
-
From committee: Do pass. (Ayes 13. Noes 3.) (August 19).
-
Coauthors revised.
-
Read second time and amended. Re-referred to Com. on APPR.
-
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 5).
-
Referred to Com. on REV. & TAX.
-
In Assembly. Read first time. Held at Desk.
-
Read third time. Passed. (Ayes 27. Noes 4. Page 1387.) Ordered to the Assembly.
-
Read second time. Ordered to third reading.
-
Read second time and amended. Ordered to second reading.
-
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1204.) (May 20).
-
Set for hearing May 20.
-
April 19 hearing: Placed on APPR suspense file.
-
Set for hearing April 19.
-
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 633.) (March 25). Re-referred to Com. on APPR.
-
Set for hearing March 25.
-
Referred to Com. on GOV. & F.
-
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
-
(Ayes 32. Noes 4.)
-
Art. IV. Sec. 8(a) of the Constitution dispensed with.
-
Read first time.
-
From printer. May be acted upon on or after March 24.
-
Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Glazer · Primary
- Hertzberg · Cosponsor
- Nielsen · Cosponsor
- Quirk · Cosponsor
- Megan Dahle · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 117 not signed on · 8 voted No
Sponsors (1)
- Glazer
Co-sponsors (4)
- Hertzberg
- Nielsen
- Quirk
- Dahle, Megan Republican
Not signed on (117)
117 members have not signed on to this bill.
Show all 117 →"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 | 31 | 10 | 0 | 3 |
| Democratic | 21 | 2 | 0 | 4 |
| Republican | 4 | 2 | 0 | 3 |
| Total | 56 | 14 | 0 | 10 |
| % of votes cast | 70% | 18% | 0% | 13% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Kiley | — | Yea |
| Mayes | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| O'Donnell | — | Yea |
| Levine | — | Yea |
| Daly | — | Yea |
| McCarty | — | Yea |
| Bloom | — | Yea |
| Friedman | — | Yea |
| Cooley | — | Yea |
| Chiu | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Villapudua | — | Yea |
| Jones-Sawyer | — | Yea |
| Burke | — | Yea |
| Cunningham | — | Yea |
| Cooper | — | Yea |
| Chau | — | Yea |
| Gray | — | Nay |
| Smith | — | Nay |
| Voepel | — | Nay |
| Waldron | — | Nay |
| Mathis | — | Nay |
| Bigelow | — | Nay |
| Medina | — | Nay |
| Salas | — | Nay |
| Rodriguez | — | Not Voting |
| Frazier | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Lorena Gonzalez | — | Not Voting |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Not Voting |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Nay |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Not Voting |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Not Voting |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Not Voting |
| Choi, Steven S. | Republican | Not Voting |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Nay |
| Flora, Heath | Republican | Not Voting |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Seyarto, Kelly | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 0 | 0 | 2 |
| Republican | 3 | 1 | 0 | 0 |
| Unaffiliated | 17 | 3 | 0 | 3 |
| Total | 31 | 4 | 0 | 5 |
| % of votes cast | 78% | 10% | 0% | 13% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Wilk | — | Yea |
| Bradford | — | Yea |
| Hertzberg | — | Yea |
| Nielsen | — | Yea |
| Glazer | — | Yea |
| Atkins | — | Yea |
| Hueso | — | Yea |
| Min | — | Yea |
| Pan | — | Yea |
| Newman | — | Yea |
| Bates | — | Yea |
| Rubio | — | Yea |
| Portantino | — | Yea |
| Skinner | — | Yea |
| Wieckowski | — | Yea |
| Dodd | — | Yea |
| Kamlager | — | Yea |
| Borgeas | — | Nay |
| Melendez | — | Nay |
| Leyva | — | Nay |
| Gonzalez | — | Not Voting |
| Eggman | — | Not Voting |
| Roth | — | Not Voting |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Not Voting |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Not Voting |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Nay |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 3 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 13 | 3 | 0 | 0 |
| % of votes cast | 81% | 19% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Mullin | — | Yea |
| Quirk | — | Yea |
| Chau | — | Yea |
| McCarty | — | Yea |
| Voepel | — | Nay |
| Bigelow | — | Nay |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 1 | 0 | 0 |
| Democratic | 2 | 1 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 8 | 3 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Mayes | — | Yea |
| Quirk | — | Yea |
| Levine | — | Yea |
| Mullin | — | Yea |
| Burke | — | Yea |
| Gray | — | Nay |
| Luz Rivas | — | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Yea |
| Seyarto, Kelly | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 2 | 0 | 7 |
| Democratic | 11 | 0 | 0 | 2 |
| Republican | 2 | 2 | 0 | 0 |
| Total | 27 | 4 | 0 | 9 |
| % of votes cast | 68% | 10% | 0% | 23% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Dodd | — | Yea |
| Wieckowski | — | Yea |
| Atkins | — | Yea |
| Rubio | — | Yea |
| Portantino | — | Yea |
| Wilk | — | Yea |
| Glazer | — | Yea |
| Gonzalez | — | Yea |
| Skinner | — | Yea |
| Newman | — | Yea |
| Hueso | — | Yea |
| Hertzberg | — | Yea |
| Min | — | Yea |
| Pan | — | Yea |
| Borgeas | — | Nay |
| Bates | — | Nay |
| Kamlager | — | Not Voting |
| Bradford | — | Not Voting |
| Roth | — | Not Voting |
| Eggman | — | Not Voting |
| Leyva | — | Not Voting |
| Nielsen | — | Not Voting |
| Melendez | — | Not Voting |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Not Voting |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Not Voting |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Wieckowski | — | Yea |
| Kamlager | — | Yea |
| Portantino | — | Yea |
| Bradford | — | Yea |
| Bates | — | Nay |
| Laird, John | Democratic | Yea |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Kamlager | — | Yea |
| Bates | — | Yea |
| Bradford | — | Yea |
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Laird, John | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Nielsen | — | Nay |
| Hertzberg | — | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 792 do?
- The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or 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. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property, the storage, use, or other consumption of which is subject to the use tax, as specified. Existing law requires a retailer or purchaser subject to the sales and use tax to file, on or before the last day of the month following each quarterly period, a return for the preceding quarterly period. This bill, for reporting periods beginning on or after January 1, 2022, would require a qualified retailer, defined as a retailer whose annual qualified sales of tangible personal property transacted online exceeded $50,000,000 for the previous calendar year, to include with each tax return a schedule that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction. The bill would subject a qualified retailer who fails or refuses to timely furnish that schedule to a penalty of $5,000. The bill would define terms for its purposes.
- Who sponsors SB 792?
- SB 792 is sponsored by Glazer, Hertzberg, Nielsen, Quirk, and Dahle, Megan (Republican).
- What is the current status of SB 792?
- This bill died with 2021-2022 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 792?
- Track SB 792 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 792
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 792
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →