California 2009-2010, 4th Special Session Status: Enacted

AB 18 — Taxation.

Last action — Chaptered by Secretary of State. Chapter 16, Statutes of 2009-10 Fourth Extraordinary Session.

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

This bill has been enacted into law. Introduced July 02, 2009. 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

The Sales and Use Tax Law requires a person conducting business as a seller of tangible personal property in this state to obtain a permit from the State Board of Equalization for each place of business and also requires a person selling tangible personal property for storage, use, or other consumption in this state to register with the State Board of Equalization. This bill would require a qualified purchaser, as defined, to register with the State Board of Equalization and to report and pay by April 15 the use tax owed for the previous calendar year, as provided. This bill would not apply to the purchase of a vehicle, vessel, or aircraft. The Franchise Tax Board administers the Personal Income Tax Law and the Corporation Tax Law. Existing law authorizes persons that are required to withhold taxes from recipients of income to require the recipients of the income to provide that person with the recipient's name and address. This bill would require the recipient of income to also provide the person paying the income with the recipient's social security number or other taxpayer identification number if requested by the person paying the income. Existing law provides that the Franchise Tax Board may, by regulation, require any person to withhold an amount, determined by the Franchise Tax Board to reasonably represent the amount of tax due, as specified, and to transmit the amount withheld to the Franchise Tax Board at a designated time. This bill would, in modified conformity with the federal income tax law, require backup withholding, as provided, at a rate of 7% on specified payments made on or after January 1, 2010, whenever such payments are subject to federal backup withholding. 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 July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 16, Statutes of 2009-10 Fourth Extraordinary Session.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 32. Page 69.)

  5. Assembly Rule 77 suspended.

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time, passed, and to Assembly. (Ayes 23. Noes 16. Page 57.)

  8. (Ayes 24. Noes 12. Page 43.)

  9. Senate Rule 29.3 suspended.

  10. (Ayes 37. Noes 1. Page 43.)

  11. Joint Rule 10.5 suspended.

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

  13. Read second time. To third reading.

  14. Withdrawn from committee. Ordered placed on second reading file.

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

  16. Read third time, passed, and to Senate. (Ayes 47. Noes 2. Page 29.)

  17. Read second time. To third reading.

  18. Ordered to second reading.

  19. Without reference to committee.

  20. From printer.

  21. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Committee on Budget

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

Passed 54 Yea · 37 Nay
Party YeaNayPresentNot Voting
Unaffiliated 483500
Democratic 5000
Republican 1200
Total 543700
% of votes cast 59%41%0%0%
How each member voted (91)
Member Party Vote
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Furutani — Yea
Hagman — Nay
Carter — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Chesbro — Yea
Hall — Yea
Charles — Yea
Hayashi — Yea
Hernandez — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Beall — Yea
Coto — Yea
Lieu — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Garrick — Nay
Gilmore — Nay
Fletcher — Nay
Gaines — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Nestande — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Block — Nay
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Nay
Krekorian — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Silva — Nay
Smyth — Nay
Swanson — Yea
Torrico — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Passed 24 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211501
Democratic 3000
Republican 0100
Total 241601
% of votes cast 59%39%0%2%
How each member voted (41)
Member Party Vote
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Yee — Yea
Cedillo — Not Voting
Wyland — Nay
Negrete — Yea
Cogdill — Nay
Florez — Yea
Hancock — Yea
Runner — Nay
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Corbett — Yea
Ducheny — Yea
Alquist — Yea
Ashburn — Nay
Dutton — Nay
Leno — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Benoit — Nay
Harman — Nay
Liu — Yea
Maldonado — Nay
Wright — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 55 Yea · 3 Nay · 33 Other
Party YeaNayPresentNot Voting
Unaffiliated 512030
Democratic 4001
Republican 0102
Total 553033
% of votes cast 60%3%0%36%
How each member voted (91)
Member Party Vote
Emmerson — Not Voting
Coto — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Not Voting
Galgiani — Yea
Garrick — Not Voting
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Block — Yea
Hall — Yea
Yamada — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Not Voting
Audra — Nay
Cook — Not Voting
Bill — Not Voting
Berryhill — Not Voting
Tom — Not Voting
Berryhill — Not Voting
Charles — Not Voting
Fuller — Not Voting
Gilmore — Not Voting
Hagman — Not Voting
Fletcher — Not Voting
Gaines — Not Voting
Duvall — Not Voting
Harkey — Not Voting
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Not Voting
Krekorian — Not Voting
Adams — Not Voting
Anderson — Nay
Blakeslee — Not Voting
Lieu — Yea
Logue — Not Voting
Mendoza — Yea
Monning — Yea
Nava — Yea
Nielsen — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Bass — Yea
Beall — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Not Voting
Ma — Yea
Miller — Not Voting
Nestande — Not Voting
Silva — Not Voting
Solorio — Yea
Torres — Yea
Villines — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Nay

Official roll call →

Subjects

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 AB 18 do?
The Sales and Use Tax Law requires a person conducting business as a seller of tangible personal property in this state to obtain a permit from the State Board of Equalization for each place of business and also requires a person selling tangible personal property for storage, use, or other consumption in this state to register with the State Board of Equalization. This bill would require a qualified purchaser, as defined, to register with the State Board of Equalization and to report and pay by April 15 the use tax owed for the previous calendar year, as provided. This bill would not apply to the purchase of a vehicle, vessel, or aircraft. The Franchise Tax Board administers the Personal Income Tax Law and the Corporation Tax Law. Existing law authorizes persons that are required to withhold taxes from recipients of income to require the recipients of the income to provide that person with the recipient's name and address. This bill would require the recipient of income to also provide the person paying the income with the recipient's social security number or other taxpayer identification number if requested by the person paying the income. Existing law provides that the Franchise Tax Board may, by regulation, require any person to withhold an amount, determined by the Franchise Tax Board to reasonably represent the amount of tax due, as specified, and to transmit the amount withheld to the Franchise Tax Board at a designated time. This bill would, in modified conformity with the federal income tax law, require backup withholding, as provided, at a rate of 7% on specified payments made on or after January 1, 2010, whenever such payments are subject to federal backup withholding. 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 July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution.
Who sponsors AB 18?
AB 18 is sponsored by Committee on Budget.
What is the current status of AB 18?
This bill has been enacted into law. Introduced July 02, 2009. Enacted.
Where can I track AB 18?
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