California 2015-2016 Regular Session Status: Enacted

AB 160 — Criminal profiteering: counterfeit labels: sales and use taxes.

Last action — Chaptered by Secretary of State - Chapter 427, Statutes of 2015.

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  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 January 21, 2015. 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 8 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

Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes, including forgery and offenses relating to counterfeit of a registered mark. Existing law also defines organized crime for the purposes of these provisions as including, among other things, specified crimes that are of a conspiratorial nature and are either of an organized nature and seek to supply illegal goods and services or crimes that, through planning and coordination of individual efforts, seek to conduct specified illegal activities. This bill would include within the definition of criminal profiteering activity offenses relating to piracy, and insurance fraud, as specified. The bill would also broaden the definition of organized crime to include pimping and pandering, counterfeiting of a registered mark, piracy of a recording or audiovisual work, embezzlement, securities fraud, grand theft, money laundering, and forgery. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program. Existing law, the Sales and Use Tax Law, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law provides that a "retail sale" or "sale at retail" includes any sale by a convicted seller, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that sale, regardless of whether the sale is for resale in the regular course of business. Existing law provides that "storage" or "use" includes a purchase by a convicted purchaser, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that purchase, regardless of whether the purchase is for resale in the regular course of business. Under this bill, a "retail sale" or "sale at retail" additionally would include any sale by a convicted seller of tangible personal property with a counterfeit label or an illicit label, as specified. The bill similarly would provide that "storage" and "use" additionally would include a purchase by a convicted purchaser of tangible personal property with a counterfeit label or an illicit label, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. The amendments made by this bill would be incorporated into these laws. This bill would include a change in state statute that would result in a taxpayer paying a higher tax 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 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 427, Statutes of 2015.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2767.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2291.).

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 15). Re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 0.) (June 30). Re-referred to Com. on GOV. & F.

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

  12. Referred to Coms. on PUB. S. and GOV. & F.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1626.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 15. Noes 0.) (May 20).

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 27).

  20. In committee: Set, first hearing. Referred to REV. & TAX. suspense file.

  21. Re-referred to Com. on REV. & TAX.

  22. Read second time and amended.

  23. From committee: Amend, and do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 7. Noes 0.) (April 7).

  24. In committee: Set, second hearing. Hearing canceled at the request of author.

  25. Re-referred to Com. on PUB. S.

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

  27. In committee: Set, first hearing. Hearing canceled at the request of author.

  28. Re-referred to Com. on PUB. S.

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

  30. Referred to Com. on PUB. S.

  31. From printer. May be heard in committee February 21.

  32. Read first time. To print.

Sponsors

  • Dababneh · Primary
  • Cooper · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Dababneh

Co-sponsors (1)

  • Cooper

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

AB 160 DABABNEH Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Wagner — Yea
Wilk — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Salas — Yea
Olsen — Yea
Frazier — Yea
Gatto — Yea
Burke — Yea
Hadley — Yea
Harper — Yea
Holden — Yea
Campos — Yea
Jones-Sawyer — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Gray — Yea
Low — Yea
McCarty — Yea
Atkins — Yea
Chang — Yea
Bonilla — Yea
Medina — Yea
Lopez — Yea
Melendez — Yea
Alejo — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Gordon — Not Voting
Quirk — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — 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

Official roll call →

3rd Reading AB160 Dababneh By Wieckowski

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hertzberg — Yea
Hill — Yea
Liu — Yea
Allen — Yea
Pan — Yea
Cannella — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Hancock — Yea
Hernandez — Yea
Bates — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 160 DABABNEH Assembly Third Reading

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 4000
Republican 5001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Not Voting
Brown — Yea
Kim — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Perea — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Chang — Yea
Chau — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Daly — Yea
Gomez — Yea
Harper — Yea
Levine — Yea
Salas — Yea
Linder — Yea
Low — Yea
Mayes — Yea
Burke — Yea
McCarty — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Brough — Yea
Chiu — Yea
Cooley — Yea
Rendon — Yea
Rodriguez — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Gatto — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Bigelow — Yea
Chávez — Yea
Dababneh — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Wood — Yea
Frazier — Yea
Gonzalez — Yea
Gordon — Not Voting
Hadley — Yea
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 Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 2000
Republican 1001
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Holden — Yea
Quirk — Yea
Rendon — Yea
Wagner — Yea
Wood — Yea
Eggman — Yea
Daly — Not Voting
Gomez — Yea
Chang — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety taxation
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Frequently asked questions

What does AB 160 do?
Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes, including forgery and offenses relating to counterfeit of a registered mark. Existing law also defines organized crime for the purposes of these provisions as including, among other things, specified crimes that are of a conspiratorial nature and are either of an organized nature and seek to supply illegal goods and services or crimes that, through planning and coordination of individual efforts, seek to conduct specified illegal activities. This bill would include within the definition of criminal profiteering activity offenses relating to piracy, and insurance fraud, as specified. The bill would also broaden the definition of organized crime to include pimping and pandering, counterfeiting of a registered mark, piracy of a recording or audiovisual work, embezzlement, securities fraud, grand theft, money laundering, and forgery. By increasing the burdens on local prosecuting agencies, this bill would impose a state-mandated local program. Existing law, the Sales and Use Tax Law, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer for storage, use, or other consumption in this state. Existing law provides that a "retail sale" or "sale at retail" includes any sale by a convicted seller, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that sale, regardless of whether the sale is for resale in the regular course of business. Existing law provides that "storage" or "use" includes a purchase by a convicted purchaser, as defined, of tangible personal property with a counterfeit mark on, or in connection with, that purchase, regardless of whether the purchase is for resale in the regular course of business. Under this bill, a "retail sale" or "sale at retail" additionally would include any sale by a convicted seller of tangible personal property with a counterfeit label or an illicit label, as specified. The bill similarly would provide that "storage" and "use" additionally would include a purchase by a convicted purchaser of tangible personal property with a counterfeit label or an illicit label, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. The amendments made by this bill would be incorporated into these laws. This bill would include a change in state statute that would result in a taxpayer paying a higher tax 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 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 160?
AB 160 is sponsored by Dababneh and Cooper.
What is the current status of AB 160?
This bill has been enacted into law. Introduced January 21, 2015. Enacted.
Where can I track AB 160?
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