AB 3 — Income taxes: sales and use taxes: vehicle license fees.

Summary

The Personal Income Tax Law imposes taxes based upon taxable income. That law also allows credits for personal exemptions, and imposes an alternative minimum tax, as specified. This bill would, for taxable years beginning on or after January 1, 2009, until either January 1, 2011, or January 1, 2013, as applicable, decrease the amount allowable as a credit for personal exemption for dependents. This bill would, for taxable years beginning on or after January 1, 2009, and before January 1, 2013, increase the tax rate applicable to taxable income, and increase the alternative minimum tax rate, as provided. The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 0.65% of the market value of that vehicle, as provided. This bill would, on and after May 19, 2009, and until July 1, 2013, increase that rate to 1%, for specified vehicles and require that the revenues derived from the increase be deposited into the General Fund. This bill would also, on and after May 19, 2009, and until July 1, 2013, add a sum equal to 0.15% of the market value of specified vehicles, as determined by the Department of Motor Vehicles, to the vehicle license fee, to be deposited in the General Fund and transferred to the Local Safety and Protection Account, which this bill would create in the Transportation Tax Fund. This bill would continuously appropriate all moneys in the account to the Controller for allocation for, specified purposes. This bill would require the Director of Finance to make written determinations, as specified, of whether any moneys derived from that fee are being allocated for any purpose other than the specified purpose, and to immediately submit his or her written determination to the Director of the Department of Motor Vehicles and specified legislative committees, as provided. The bill would further provide that if the Director of Finance determines that moneys are being allocated by the state for an unauthorized purpose, the Director of the Department of Motor Vehicles shall, upon receipt of the written determination, immediately stop collection of the fee, and shall resume collection only upon his or her receipt of a written determination by the Director of Finance that none of the moneys are being allocated for an unauthorized purpose. 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 increase the state sales and use tax rate on the sale of, and on the storage, use, or other consumption of, tangible personal property, by 1% to a rate of 714% from April 1, 2009, until July 1, 2012. This bill would reduce the operative periods for the increases proposed by this bill in specified income, sales and use, and vehicle license fees, if specified conditions occur. 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 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 02/20/09 - Chaptered Current pdf February 20, 2009
• Enrolled 02/19/09 - Enrolled pdf February 19, 2009
• Amended 02/19/09 - Amended Senate pdf February 19, 2009
• Amended 02/14/09 - Amended Senate pdf February 14, 2009
• Amended 01/07/09 - Amended Assembly pdf January 07, 2009
• Introduced 01/05/09 - Introduced pdf January 05, 2009
• AB3 View text html

Action History

1. February 20, 2009

   Chaptered by Secretary of State. Chapter 18, Statutes of 2009-10 Third Extraordinary Session.

2. February 20, 2009

   Approved by the Governor.

3. February 19, 2009

   Enrolled and to the Governor at 11 a.m.

4. February 19, 2009

   Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 54. Noes 26. Page 121.)

5. February 19, 2009

   In Assembly. Concurrence in Senate amendments pending.

6. February 19, 2009

   Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 27. Noes 12.)

7. February 19, 2009

   Joint Rule 10.5 suspended.

8. February 19, 2009

   Senate Rule 29.3 suspended.

9. February 19, 2009

   Read third time, amended, and returned to third reading.

10. February 19, 2009

    Reconsideration granted.

11. February 19, 2009

    Motion to reconsider made by Senator Ducheny.

12. February 19, 2009

    Read third time. Urgency clause refused adoption. (Ayes 23. Noes 12.)

13. February 14, 2009

    Read third time, amended, and returned to third reading. (Page 29.).

14. February 14, 2009

    Ordered returned to third reading.

15. February 14, 2009

    From committee: Amend, and do pass as amended. (Ayes 23. Noes 13. Page 57.) (February 14).

16. February 14, 2009

    Re-referred to Com. on B. & F.R.

17. February 14, 2009

    (Ayes 23. Noes 13. Page 24.)

18. February 14, 2009

    Senate Rule 29.3 suspended.

19. January 26, 2009

    Read second time. To third reading.

20. January 26, 2009

    Withdrawn from committee. Ordered placed on second reading file.

21. January 12, 2009

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

22. January 12, 2009

    Read third time, passed, and to Senate. (Ayes 48. Noes 0. Page 30.)

23. January 12, 2009

    Withdrawn from committee. Ordered placed on third reading file.

24. January 08, 2009

    Re-referred to Com. on RULES.

25. January 07, 2009

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

26. January 07, 2009

    Referred to Com. on RULES.

27. January 06, 2009

    From printer.

28. January 05, 2009

    Read first time. To print.

Sponsors

• Evans · Primary

Votes

Subjects