Excise taxes: claim for refund: timely filed claims.
Summary
Existing law establishes procedures by which a person may claim a refund for an overpayment of the taxes, fees, and surcharges imposed by the Sales and Use Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, the Alcoholic Beverage Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance Fee Law, and the Diesel Fuel Tax Law, and of taxes, fees, and surcharges imposed in accordance with the Fee Collection Procedures Law. Existing law generally requires that a claim be filed within 3 years after specified periods in which the overpayment was made. This bill would, with respect to each of the above-described laws, provide that a claim that is otherwise valid that is made in the case in which the amount of tax determined, as defined, has not been paid in full is deemed a timely filed claim for refund with respect to all subsequent payments applied to that determination. The bill would specify that its provisions apply only to claims for refund on or after its effective date.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2016
Committee Review
Jun 2016
Assembly Passage
Apr 2016
Senate Passage
Jun 2016
Signed into Law
Jul 2016
Introduced Feb 10, 2016
Signed Jul 25, 2016
Floor votes · Senate Jun 30, 2016 · Assembly Apr 28, 2016
How they voted
37–0
Passed · 3 other
Total votes 40
Jun 30, 2016
D
Democratic26
92% Yea
R
Republican14
92% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
7
Committee
11
Jul 25, 2016
Signed into law
Approved by the Governor.
legislature
Jun 30, 2016
Senate · Passed
Senate Vote: pass (37-0-3)
senate
Jun 30, 2016
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Jun 27, 2016
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Jun 15, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 15). Re-referred to Com. on APPR.
upper
May 5, 2016
Committee
Referred to Coms. on GOV. & F. and APPR.
upper
Apr 28, 2016
Assembly · Passed
Assembly Vote: pass (74-0-4)
assembly
Apr 20, 2016
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 20).
lower
Apr 12, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 11). Re-referred to Com. on APPR.
lower
Apr 7, 2016
Committee
Re-referred to Com. on REV. & TAX.
lower
Mar 30, 2016
Committee
Re-referred to Com. on REV. & TAX.
lower
Mar 28, 2016
Committee
Re-referred to Com. on REV. & TAX.
lower
Mar 14, 2016
Committee
Referred to Com. on REV. & TAX.
lower
Feb 11, 2016
Lower · Passed
From printer. May be heard in committee March 12.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Matthew Dababneh
DDemocratic
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