SB 80 — Personal income taxes: earned income credit.
Last action — Chaptered by Secretary of State. Chapter 21, Statutes of 2015.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2015. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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 Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill Text
- Chaptered 06/24/15 - Chaptered Current pdf June 24, 2015
- Enrolled 06/19/15 - Enrolled pdf June 19, 2015
- Amended 06/16/15 - Amended Assembly pdf June 16, 2015
- Introduced 01/09/15 - Introduced pdf January 09, 2015
- SB80 View text html
Action History
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Chaptered by Secretary of State. Chapter 21, Statutes of 2015.
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Approved by the Governor.
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Enrolled and presented to the Governor at 9:30 a.m.
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Assembly amendments concurred in. (Ayes 38. Noes 1. Page 1514.) Ordered to engrossing and enrolling.
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Unanimous consent granted to take up without reference to file.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 75. Noes 3. Page 2060.) Ordered to the Senate.
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Assembly Rule 63 suspended.
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Ordered to third reading.
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Withdrawn from committee.
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Assembly Rule 96 suspended.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.
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Referred to Com. on BUDGET.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 23. Noes 13. Page 379.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Ordered to second reading.
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Referred to Com. on RLS.
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Read first time.
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From printer. May be acted upon on or after February 11.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Committee on Budget and Fiscal Review · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No
Sponsors (1)
- Committee on Budget and Fiscal Review
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 66 | 3 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 1 |
| Total | 75 | 3 | 0 | 2 |
| % of votes cast | 94% | 4% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Baker | — | Yea |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Harper | — | Nay |
| Holden | — | Yea |
| Levine | — | Yea |
| Linder | — | Yea |
| Mullin | — | Yea |
| Olsen | — | Yea |
| Ridley-Thomas | — | Yea |
| Santiago | — | Yea |
| Waldron | — | Yea |
| Williams | — | Yea |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Frazier | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Burke | — | Yea |
| Gordon | — | Yea |
| Salas | — | Yea |
| Bonilla | — | Yea |
| Jones-Sawyer | — | Yea |
| Low | — | Yea |
| Gray | — | Yea |
| Maienschein | — | Yea |
| Mayes | — | Yea |
| Lopez | — | Yea |
| McCarty | — | Yea |
| Medina | — | Yea |
| Melendez | — | Yea |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Campos | — | Yea |
| Chang | — | Yea |
| Chiu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Thurmond | — | Yea |
| Wagner | — | Yea |
| Weber | — | Yea |
| Wilk | — | Yea |
| Chau | — | Yea |
| Atkins | — | Yea |
| Hadley | — | Yea |
| Chu | — | Yea |
| Kim | — | Yea |
| Mathis | — | Yea |
| Obernolte | — | Not Voting |
| Quirk | — | Yea |
| Rodriguez | — | Yea |
| Steinorth | — | Yea |
| Ting | — | Yea |
| Wood | — | Yea |
| Gonzalez | — | Yea |
| Beth Gaines | — | Nay |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Nay |
| 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 | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 1 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 38 | 1 | 0 | 1 |
| % of votes cast | 95% | 3% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Bates | — | Yea |
| Block | — | Yea |
| Hancock | — | Yea |
| Hueso | — | Yea |
| Lara | — | Yea |
| Leyva | — | Yea |
| Moorlach | — | Nay |
| Nielsen | — | Yea |
| Pavley | — | Yea |
| Roth | — | Yea |
| Wolk | — | Yea |
| Fuller | — | Not Voting |
| Galgiani | — | Yea |
| Hill | — | Yea |
| Cannella | — | Yea |
| Leno | — | Yea |
| Allen | — | Yea |
| Mitchell | — | Yea |
| Pan | — | Yea |
| De León | — | Yea |
| Runner | — | Yea |
| Glazer | — | Yea |
| Hall | — | Yea |
| Beall | — | Yea |
| Hernandez | — | Yea |
| Hertzberg | — | Yea |
| Huff | — | Yea |
| Liu | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Vidak | — | Yea |
| Wieckowski | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 12 | 0 | 3 |
| Democratic | 2 | 1 | 0 | 0 |
| Total | 23 | 13 | 0 | 3 |
| % of votes cast | 59% | 33% | 0% | 8% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Nay |
| Beall | — | Yea |
| Hertzberg | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Mendoza | — | Yea |
| Cannella | — | Nay |
| Galgiani | — | Yea |
| Hall | — | Yea |
| Allen | — | Yea |
| Mitchell | — | Yea |
| Hancock | — | Yea |
| Hernandez | — | Yea |
| Runner | — | Nay |
| De León | — | Not Voting |
| Hueso | — | Yea |
| Bates | — | Nay |
| Block | — | Yea |
| Huff | — | Nay |
| Leno | — | Yea |
| Leyva | — | Yea |
| Liu | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Not Voting |
| Morrell | — | Nay |
| Nielsen | — | Nay |
| Pan | — | Yea |
| Pavley | — | Not Voting |
| Roth | — | Yea |
| Vidak | — | Nay |
| Wieckowski | — | Yea |
| Wolk | — | Yea |
| Fuller | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Mark Stone | — | Nay |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
Subjects
Frequently asked questions
- What does SB 80 do?
- The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
- Who sponsors SB 80?
- SB 80 is sponsored by Committee on Budget and Fiscal Review.
- What is the current status of SB 80?
- This bill has been enacted into law. Introduced January 09, 2015. Enacted.
- Where can I track SB 80?
- Track SB 80 free on One Click Politics — get push/email alerts when it moves.
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