California 2015-2016, 1st Special Session Status: In Committee 1 D cosponsors

SB 7 — Diesel sales and use tax.

Last action — Read second time and amended. Re-referred to Com. on APPR.

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

This bill died with 2015-2016, 1st Special Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to transferred to the Public Transportation Account. Existing law continuously appropriates these revenues to the Controller, for allocation by formula to transportation agencies for public transit purposes. This bill, as of July 1, 2016, would increase the additional sales and use tax rate on diesel fuel to 5.25%. By increasing the revenues deposited in a continuously appropriated fund, the bill would thereby make an appropriation. The bill would restrict expenditures of revenues from the July 1, 2016, increase in the sales and use tax on diesel fuel to transit capital purposes and certain transit services. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements. Existing law requires the State Board of Equalization to annually modify the diesel excise tax rate on a going-forward basis to account for increases in the sales and use tax on diesel and maintain revenue neutrality, as specified. This bill would provide that the increase in the additional sales and use tax on diesel fuel imposed by the bill shall not be considered by the board in its annual modification of the diesel excise tax rate. 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.

Bill Text

Action History

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

  2. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 57.) (September 1).

  3. Set for hearing September 1.

  4. From printer.

  5. To print.

  6. Introduced. Read first time. Referred to Com. on T. & I.D.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8202
Democratic 1000
Total 9202
% of votes cast 69%15%0%15%
How each member voted (13)
Member Party Vote
Cannella — Not Voting
Hertzberg — Yea
Allen — Yea
Liu — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
Pavley — Yea
Wieckowski — Yea
Leyva — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
McGuire, Mike Democratic Yea

Official roll call →

Subjects

taxation transportation
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 7 do?
Existing law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to transferred to the Public Transportation Account. Existing law continuously appropriates these revenues to the Controller, for allocation by formula to transportation agencies for public transit purposes. This bill, as of July 1, 2016, would increase the additional sales and use tax rate on diesel fuel to 5.25%. By increasing the revenues deposited in a continuously appropriated fund, the bill would thereby make an appropriation. The bill would restrict expenditures of revenues from the July 1, 2016, increase in the sales and use tax on diesel fuel to transit capital purposes and certain transit services. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements. Existing law requires the State Board of Equalization to annually modify the diesel excise tax rate on a going-forward basis to account for increases in the sales and use tax on diesel and maintain revenue neutrality, as specified. This bill would provide that the increase in the additional sales and use tax on diesel fuel imposed by the bill shall not be considered by the board in its annual modification of the diesel excise tax rate. 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.
Who sponsors SB 7?
SB 7 is sponsored by Allen, Benjamin (Democratic).
What is the current status of SB 7?
This bill died with 2015-2016, 1st Special Session. It reached “In Committee” 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 7?
Track SB 7 free on One Click Politics — get push/email alerts when it moves.

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