California 2009-2010, 1st Special Session Status: Passed Senate

SB 1 — Taxation.

Last action — From Assembly without further action.

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

This bill died with 2009-2010, 1st Special Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the rate of 614% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. This bill would provide that the state sales and use tax rate on the sale of, and on the storage, use, or other consumption of, tangible personal property, would increase 112% to a rate of 734% from March 1, 2009, to and including December 31, 2011. The Alcoholic Beverage Tax Law imposes an excise tax, at specified rates, for the privilege of selling or possessing for sale beer, wine, sparkling wine, sparkling cider, and distilled spirits. The proceeds from the excise tax are deposited in the Alcoholic Beverage Control Fund for transfer to the General Fund. The Alcoholic Beverage Tax Law also imposes a surtax, at specified rates, for the privilege of selling or possessing for sale, beer, wine, sparkling cider, and distilled spirits. The proceeds from this surtax are deposited into the General Fund. This bill would, beginning on February 1, 2009, impose an additional surtax on beer, wine, sparkling cider, and distilled spirits, and would also impose a surtax on sparkling wines. This bill would require that the revenues derived from the additional taxes be remitted to the State Board of Equalization and deposited in the General Fund. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an oil severance tax on and after February 1, 2009, upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 9.9% of the gross value of each barrel of oil severed. The tax would be administered by the Department of Conservation and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the department to deposit all tax revenues, penalties, and interest collected pursuant to these provisions into the General Fund, except for a specified sum, which would be required to be deposited into the Oil, Gas, and Geothermal Administrative Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated 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. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution. This bill would take effect immediately as a tax levy, but the operative dates of its provisions would be the dates specified in its provisions.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Refused passage. (Ayes 1. Noes 27. Page 28.)

  3. Amended. (Page 27.)

  4. Read second time.

  5. (Ayes 71. Noes 0. Page 26.)

  6. Art. IV, Sec. 8(b), of Constitution dispensed with.

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

  8. Read third time. Passed. (Ayes 33. Noes 1. Page 9.) To Assembly.

  9. Read second time.

  10. (Ayes 33. Noes 1. Page 8.)

  11. Art. IV, Sec. 8(b), of Constitution dispensed with.

  12. Withdrawn from committee.

  13. Introduced. Read first time. To Com. on Senate RLS.

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Ducheny

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

SB1 Ducheny Senate Third Reading By EVANS First Extraordinary Session

Failed 1 Yea · 30 Nay · 61 Other
Party YeaNayPresentNot Voting
Unaffiliated 128055
Republican 0201
Democratic 0005
Total 130061
% of votes cast 1%33%0%66%
How each member voted (92)
Member Party Vote
Emmerson — Nay
Eng — Not Voting
Evans — Not Voting
Davis — Not Voting
DeVore — Nay
Yamada — Not Voting
Furutani — Not Voting
Gilmore — Nay
Conway — Nay
Fuller — Nay
Garrick — Nay
Hagman — Nay
Harkey — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Jeffries — Nay
Knight — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Adams — Nay
Anderson — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Price — Yea
Silva — Nay
Tran — Nay
Carter — Not Voting
Chesbro — Not Voting
Feuer — Not Voting
Fuentes — Not Voting
Charles — Not Voting
Galgiani — Not Voting
Hall — Not Voting
Hayashi — Not Voting
Hernandez — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
De — Not Voting
Leon — Not Voting
Bonnie — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Portantino — Not Voting
Salas — Not Voting
Saldana — Not Voting
Cook — Not Voting
Coto — Not Voting
Bass — Not Voting
Beall — Not Voting
Block — Not Voting
Huber — Not Voting
Huffman — Not Voting
Krekorian — Not Voting
Mendoza — Not Voting
Monning — Not Voting
Nava — Not Voting
Skinner — Not Voting
Solorio — Not Voting
Swanson — Not Voting
Torres — Not Voting
Torrico — Not Voting
Ammiano — Not Voting
Blakeslee — Nay
Blumenfield — Not Voting
Brownley — Not Voting
Buchanan — Not Voting
Hill — Not Voting
Lieu — Not Voting
Logue — Nay
Ma — Not Voting
Ruskin — Not Voting
Smyth — Not Voting
Torlakson — Not Voting
Villines — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Not Voting
Lowenthal, Josh Democratic Not Voting
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

W/O REF. TO FILE SB1 Ducheny

Passed 34 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30105
Democratic 3000
Republican 1000
Total 34105
% of votes cast 85%3%0%13%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Florez — Yea
Harman — Yea
Huff — Yea
Kehoe — Not Voting
Negrete — Yea
Ducheny — Yea
Liu — Yea
Runner — Not Voting
Dutton — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Yea
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Hollingsworth — Yea
Leno — Yea
Maldonado — Yea
Pavley — Yea
Wiggins — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB1 Ducheny Invoke Constitution

Passed 34 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 30105
Democratic 3000
Republican 1000
Total 34105
% of votes cast 85%3%0%13%
How each member voted (40)
Member Party Vote
Wyland — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Huff — Yea
Negrete — Yea
Corbett — Yea
Leno — Yea
Runner — Not Voting
Ducheny — Yea
Dutton — Yea
Ashburn — Nay
Benoit — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Not Voting
Liu — Yea
Maldonado — Yea
Oropeza — Not Voting
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1 do?
Existing law imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the rate of 614% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. This bill would provide that the state sales and use tax rate on the sale of, and on the storage, use, or other consumption of, tangible personal property, would increase 112% to a rate of 734% from March 1, 2009, to and including December 31, 2011. The Alcoholic Beverage Tax Law imposes an excise tax, at specified rates, for the privilege of selling or possessing for sale beer, wine, sparkling wine, sparkling cider, and distilled spirits. The proceeds from the excise tax are deposited in the Alcoholic Beverage Control Fund for transfer to the General Fund. The Alcoholic Beverage Tax Law also imposes a surtax, at specified rates, for the privilege of selling or possessing for sale, beer, wine, sparkling cider, and distilled spirits. The proceeds from this surtax are deposited into the General Fund. This bill would, beginning on February 1, 2009, impose an additional surtax on beer, wine, sparkling cider, and distilled spirits, and would also impose a surtax on sparkling wines. This bill would require that the revenues derived from the additional taxes be remitted to the State Board of Equalization and deposited in the General Fund. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an oil severance tax on and after February 1, 2009, upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 9.9% of the gross value of each barrel of oil severed. The tax would be administered by the Department of Conservation and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the department to deposit all tax revenues, penalties, and interest collected pursuant to these provisions into the General Fund, except for a specified sum, which would be required to be deposited into the Oil, Gas, and Geothermal Administrative Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it would impose a state-mandated 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. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution. This bill would take effect immediately as a tax levy, but the operative dates of its provisions would be the dates specified in its provisions.
Who sponsors SB 1?
SB 1 is sponsored by Ducheny.
What is the current status of SB 1?
This bill died with 2009-2010, 1st Special Session. It reached “Passed Senate” 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 1?
Track SB 1 free on One Click Politics — get push/email alerts when it moves.

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