California 2015-2016 Regular Session Status: Enacted

SB 35 — Income and corporation taxes: deductions: disaster relief.

Last action — Chaptered by Secretary of State. Chapter 230, Statutes of 2015.

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

This bill has been enacted into law. Introduced December 01, 2014. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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 Personal Income Tax Law and the Corporation Tax Law provide for a deduction of specified losses sustained as a result of disasters occurring in California in an area determined by the President of the United States to warrant specified federal assistance or, for other disasters for which a specific law has been enacted, proclaimed by the Governor to be in a state of emergency. Those laws allow a taxpayer to elect to deduct those disaster losses on the return for the taxable year preceding the taxable year in which the disaster occurred, filed by a specified date. Existing law also allows individual and corporate taxpayers to utilize net operating losses and carryovers and carrybacks of those losses for purposes of offsetting their individual and corporate tax liabilities. Existing law, for net operating losses incurred in taxable years beginning on or after January 1, 2013, allows net operating losses to be carrybacks to each of the preceding 2 taxable years, as provided, but varies the amount of carryback allowed for net operating losses attributed to specified taxable years. This bill would, for taxable years beginning on or after January 1, 2014, and before January 1, 2024, extend the provisions relating to disaster losses to losses in any city, county, or city and county that is proclaimed by the Governor to be in a state of emergency and would extend the time during which a taxpayer may claim the deduction. This bill would additionally provide that any law that suspends, defers, reduces, or otherwise diminishes the deduction of a net operating loss, other than those variations already imposed in existing law, shall not apply to a net operating loss attributable to these specified disaster losses. This bill would make a legislative finding and declaration relating to the statewide public purpose served by the bill. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 230, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:15 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2047.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 2431.) Ordered to the Senate.

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (July 8).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 22). Re-referred to Com. on APPR.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.

  11. Referred to Com. on REV. & TAX.

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

  13. Read third time. Passed. (Ayes 38. Noes 0. Page 532.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 218.) (February 25).

  18. Set for hearing February 25.

  19. Referred to Com. on GOV. & F.

  20. From printer. May be acted upon on or after January 1.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Dodd · Cosponsor
  • Wolk · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Wolk

Co-sponsors (1)

  • Dodd

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Unfinished Business SB35 Wolk Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 3000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hernandez — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Moorlach — Yea
Morrell — Yea
Pavley — Yea
Wolk — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Pan — Yea
Runner — Not Voting
Hancock — Yea
Hertzberg — Yea
Beall — Yea
Hueso — Yea
Huff — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Hall — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 35 Wolk Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 4000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Harper — Yea
Holden — Yea
McCarty — Yea
Mullin — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Santiago — Yea
Waldron — Yea
Eggman — Yea
Frazier — Yea
Gonzalez — Yea
Salas — Yea
Cooper — Yea
Linder — Yea
Brown — Yea
Mayes — Yea
Olsen — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Burke — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Gomez — Yea
Jones-Sawyer — Yea
Kim — Yea
Levine — Yea
Low — Yea
Melendez — Yea
Nazarian — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Steinorth — Yea
Thurmond — Yea
Wilk — Yea
Achadjian — Yea
Baker — Yea
Brough — Yea
Campos — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Gray — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Maienschein — Yea
Medina — Yea
Wagner — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Hadley — Yea
Mathis — Yea
Quirk — Yea
Ting — Yea
Wood — Yea
Gatto — Yea
Gordon — Not Voting
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10003
Democratic 2000
Republican 2000
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Bloom — Yea
Rendon — Yea
Weber — Yea
Eggman — Yea
Gomez — Yea
Chang — Yea
Daly — Not Voting
Holden — Not Voting
Bigelow — Yea
Quirk — Yea
Wagner — Not Voting
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Huff — Yea
Leyva — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Hall — Yea
Hancock — Yea
Allen — Yea
Cannella — Yea
Hernandez — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hertzberg — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic 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 35 do?
The Personal Income Tax Law and the Corporation Tax Law provide for a deduction of specified losses sustained as a result of disasters occurring in California in an area determined by the President of the United States to warrant specified federal assistance or, for other disasters for which a specific law has been enacted, proclaimed by the Governor to be in a state of emergency. Those laws allow a taxpayer to elect to deduct those disaster losses on the return for the taxable year preceding the taxable year in which the disaster occurred, filed by a specified date. Existing law also allows individual and corporate taxpayers to utilize net operating losses and carryovers and carrybacks of those losses for purposes of offsetting their individual and corporate tax liabilities. Existing law, for net operating losses incurred in taxable years beginning on or after January 1, 2013, allows net operating losses to be carrybacks to each of the preceding 2 taxable years, as provided, but varies the amount of carryback allowed for net operating losses attributed to specified taxable years. This bill would, for taxable years beginning on or after January 1, 2014, and before January 1, 2024, extend the provisions relating to disaster losses to losses in any city, county, or city and county that is proclaimed by the Governor to be in a state of emergency and would extend the time during which a taxpayer may claim the deduction. This bill would additionally provide that any law that suspends, defers, reduces, or otherwise diminishes the deduction of a net operating loss, other than those variations already imposed in existing law, shall not apply to a net operating loss attributable to these specified disaster losses. This bill would make a legislative finding and declaration relating to the statewide public purpose served by the bill. This bill would take effect immediately as a tax levy.
Who sponsors SB 35?
SB 35 is sponsored by Dodd and Wolk.
What is the current status of SB 35?
This bill has been enacted into law. Introduced December 01, 2014. Enacted.
Where can I track SB 35?
Track SB 35 free on One Click Politics — get push/email alerts when it moves.

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