California 2009-2010, 3rd Special Session Status: Passed Senate 1 D cosponsors

SB 37 — Income tax: credit: purchase: principal residence.

Last action — From Assembly without further action.

  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, 3rd 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Personal Income Tax Law authorizes a credit against the taxes imposed by that law in an amount equal to the lesser of 5% of the purchase price or $10,000 in the case of the purchase of a qualified principal residence on and after March 1, 2009, and before March 1, 2010, but not to exceed an aggregate limitation of $100,000,000 for all credits allowable. Existing law requires for each amount of credit allowed, that a certification that the residence has never been occupied be provided to the Franchise Tax Board within one week of the sale of the qualified principal residence. This bill would limit the credit to taxpayers who purchased a qualified principal residence on and after March 1, 2009, and before July 3, 2009, and on and after the effective date of this bill and before March 1, 2010. This bill would increase the aggregate amount of credits that may be allocated by requiring the aggregate limitation of $100,000,000 in credits to be reduced by only 70% of the credit amount allocated under each certification received by the Franchise Tax Board. The bill would appropriate the sum of $44,000 from the General Fund to the Franchise Tax Board, in augmentation of a specified appropriation made in the 2009–10 Budget Act. 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

Action History

  1. From Assembly without further action.

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

  3. Read third time. Passed. (Ayes 35. Noes 1.) To Assembly.

  4. Senate Rule 29.3 suspended. (Ayes 38. Noes 0.)

  5. Joint Rule 10.5 suspended. (Ayes 38. Noes 0.)

  6. Read third time. Amended.

  7. (Ayes 40. Noes 0. Page 255.)

  8. Reconsideration granted.

  9. Motion to reconsider made by Senator Ducheny.

  10. Read third time. Refused passage. (Ayes 18. Noes 1. Page 255.)

  11. Read second time. To third reading.

  12. Placed on second reading file.

  13. Withdrawn from committee.

  14. Introduced. Read first time. To Com. on RLS.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Ashburn

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Senate 3rd Reading SB37 Ashburn Suspend Joint Rules

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 3000
Republican 1000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Yee — Yea
Cedillo — Not Voting
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
Ducheny — Yea
Dutton — Yea
McLeod — Yea
Benoit — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Harman — Yea
Leno — Yea
Maldonado — Yea
Romero — Yea
Steinberg — Yea
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB37 Ashburn

Passed 36 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32104
Democratic 3000
Republican 1000
Total 36104
% of votes cast 88%2%0%10%
How each member voted (41)
Member Party Vote
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Yee — Yea
Wyland — Yea
Cedillo — Not Voting
Cogdill — Yea
Ducheny — Yea
Hancock — Nay
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Not Voting
McLeod — Yea
Negrete — Yea
Runner — Yea
Dutton — Yea
Pavley — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Price — Yea
Romero — Not Voting
Walters — Yea
Wolk — Yea
Aanestad — Yea
Huff — Yea
Leno — Yea
Maldonado — Yea
Oropeza — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB37 Ducheny Reconsider

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Cedillo — Yea
Cogdill — Yea
Alquist — Yea
Benoit — Yea
Yee — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Hollingsworth — Yea
Liu — Yea
Maldonado — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB37 Ducheny

Failed 18 Yea · 1 Nay · 22 Other
Party YeaNayPresentNot Voting
Unaffiliated 171019
Democratic 1002
Republican 0001
Total 181022
% of votes cast 44%2%0%54%
How each member voted (41)
Member Party Vote
Wyland — Not Voting
Correa — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Yee — Not Voting
Cedillo — Yea
Corbett — Yea
Cox — Yea
Hancock — Yea
Benoit — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Romero — Yea
Wiggins — Yea
Runner — Nay
Negrete — Not Voting
Cogdill — Not Voting
Huff — Not Voting
McLeod — Not Voting
Oropeza — Not Voting
Ducheny — Not Voting
Dutton — Not Voting
Aanestad — Not Voting
Ashburn — Not Voting
Walters — Not Voting
Wright — Not Voting
Alquist — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Maldonado — Not Voting
Pavley — Yea
Simitian — Yea
Steinberg — Not Voting
Wolk — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

taxation housing
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Frequently asked questions

What does SB 37 do?
The Personal Income Tax Law authorizes a credit against the taxes imposed by that law in an amount equal to the lesser of 5% of the purchase price or $10,000 in the case of the purchase of a qualified principal residence on and after March 1, 2009, and before March 1, 2010, but not to exceed an aggregate limitation of $100,000,000 for all credits allowable. Existing law requires for each amount of credit allowed, that a certification that the residence has never been occupied be provided to the Franchise Tax Board within one week of the sale of the qualified principal residence. This bill would limit the credit to taxpayers who purchased a qualified principal residence on and after March 1, 2009, and before July 3, 2009, and on and after the effective date of this bill and before March 1, 2010. This bill would increase the aggregate amount of credits that may be allocated by requiring the aggregate limitation of $100,000,000 in credits to be reduced by only 70% of the credit amount allocated under each certification received by the Franchise Tax Board. The bill would appropriate the sum of $44,000 from the General Fund to the Franchise Tax Board, in augmentation of a specified appropriation made in the 2009–10 Budget Act. 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.
Who sponsors SB 37?
SB 37 is sponsored by Ashburn, Calderon, and Caballero, Anna M. (Democratic).
What is the current status of SB 37?
This bill died with 2009-2010, 3rd 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 37?
Track SB 37 free on One Click Politics — get push/email alerts when it moves.

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