AB 855 California Assembly · 2011-2012 Regular Session

Sales and use taxes: consumers: veterans: itinerant vendors.

Summary
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 a retailer for storage, use, or other consumption in this state, measured by sales price. That law, with certain exceptions, defines a retailer as a seller who makes any retail sale of tangible personal property and as a person who makes more than 2 retail sales of tangible personal property during any 12-month period, and defines a retail sale as a sale of tangible personal property for any purpose other than resale in the regular course of business. Existing law, from September 6, 2011, to January 1, 2022, provides that a qualified itinerant vendor, as defined, is a consumer, and not a retailer, of tangible personal property owned and sold by the qualified itinerant vendor, except for alcoholic beverages or items sold for more than $100, so that the retail sale subject to tax is the sale of tangible personal property to the qualified itinerant vendor. This bill would apply this provision beginning on and after January 1, 1986. This bill would make findings regarding the public purpose served by the bill. 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 conforms to the Sales and Use Tax Law. Amendments to state sales and use taxes are incorporated into these laws. Section 2230 of the Revenue and Taxation Code provides that the state will reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for sales and use tax revenues lost by them pursuant to this bill.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2011
Committee Review
Jun 2012
Assembly Passage
May 2011
Senate Passage
Governor
Introduced Feb 17, 2011 Last action Jun 21, 2012
Floor votes · Assembly May 9, 2011

How they voted

67–0
Passed · 4 other
Total votes 71
May 9, 2011
D Democratic45
44 Yea 1
97% Yea
I Independent1
1 Yea
100% Yea
R Republican25
22 Yea 3
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
4
Committee
8
Jun 21, 2012
Committee
Re-referred to Com. on GOV. & F.
upper
Jun 20, 2012
Committee
Re-referred to Com. on RLS.
upper
May 19, 2011
Committee
Referred to Com. on PUB. S.
upper
May 9, 2011
Assembly · Passed
Assembly Vote: pass (67-0-4)
assembly
Apr 27, 2011
Lower · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (April 26).
lower
Apr 12, 2011
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 22, 2011
Committee
Re-referred to Com. on PUB. S.
lower
Mar 17, 2011
Committee
Referred to Com. on PUB. S.
lower
Feb 18, 2011
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 3 co-sponsors

Sponsors