California 2015-2016 Regular Session Status: Passed Senate

SB 1338 — Sales and use taxes: exemption: zero-emission and near-zero-emission equipment.

Last action — June 20 set for first hearing canceled at the request of author.

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

This bill died with 2015-2016 Regular 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing sales and use tax laws impose 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 a retailer for storage, use, or other consumption in this state, and provides various exemptions from those taxes. The bill would exempt from those taxes, on and after January 1, 2017, and before January 1, 2030, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person, as defined, for use primarily in, at, or on a marine terminal or qualified tangible personal property used primarily to maintain, repair, or test the above-described equipment, as provided. The bill would require the purchaser to furnish the retailer with an exemption certificate, 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 conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, the Local Revenue Fund, or the Local Revenue Fund 2011. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. June 20 set for first hearing canceled at the request of author.

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

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

  4. Read third time. Passed. (Ayes 39. Noes 0. Page 4064.) Ordered to the Assembly.

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 7. Noes 0. Page 4008.) (May 27).

  7. Set for hearing May 27.

  8. May 16 hearing: Placed on APPR. suspense file.

  9. Set for hearing May 16.

  10. (Corrected May 19).

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

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3699.) (April 27).

  13. Set for hearing April 27.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

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

  16. Read first time.

  17. From printer. May be acted upon on or after March 23.

  18. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Beall · Cosponsor
  • Hernandez · Cosponsor
  • Hertzberg · Cosponsor
  • Lara · Primary
  • Pavley · Cosponsor

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

  • Lara

Co-sponsors (4)

  • Beall
  • Hernandez
  • Hertzberg
  • Pavley

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hernandez — Yea
Hill — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Pavley — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Pan — Yea
Hertzberg — Yea
Block — Yea
Liu — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Wieckowski — Yea
Wolk — Yea
Runner — Not Voting
Hall — Yea
Hancock — Yea
Hueso — Yea
Huff — Yea
Roth — Yea
Vidak — 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 →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Lara — Yea
Bates — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Mendoza — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

taxation environment
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 1338 do?
Existing sales and use tax laws impose 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 a retailer for storage, use, or other consumption in this state, and provides various exemptions from those taxes. The bill would exempt from those taxes, on and after January 1, 2017, and before January 1, 2030, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person, as defined, for use primarily in, at, or on a marine terminal or qualified tangible personal property used primarily to maintain, repair, or test the above-described equipment, as provided. The bill would require the purchaser to furnish the retailer with an exemption certificate, 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 conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, the Local Revenue Fund, or the Local Revenue Fund 2011. This bill would take effect immediately as a tax levy.
Who sponsors SB 1338?
SB 1338 is sponsored by Beall, Hernandez, Hertzberg, Lara, and Pavley.
What is the current status of SB 1338?
This bill died with 2015-2016 Regular 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 1338?
Track SB 1338 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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