HomeMy WebLinkAboutAB1120 - Sales Tax ExemptionXT
REQUEST:
2007 ✓
OTHER
DATE: April 12, 2007 +1BETI G DATE Li - l a -07
AYES : epson . F-e rsu5Dni Finer-� i Spiel e l 1�erl
CONTENTS: AB1120 LanguageNOES : No,Ue- ' Y1
ABSENT: Noble
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RECOMMENDATION: VERIFIED BY: �Ur
Original on File with. Ci- Clef' ffice
By Minute Motion, concur with the action taken by the Legislative eview mmi at itg
meeting of March 27, 2007, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB1120 (Tran) relative to Sales Tax Exemption.
DENIED
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE
ACTION ON AB10T 1 4firMLIM71 TING OF MARCH 27,
P OVED
EXECUTIVE SUMMARY:
Passage of AB1120 would exempt for a specified period of time disaster preparedness
products from sales tax collection.
BACKGROUND:
The Sales and Use Tax Law imposes a tax on the gross receipts from the sale of, or the
storage, use, or other consumption in this state of tangible personal property and provides
various exemptions from that tax. This bill would provide that beginning January 1, 2010,
and until January 1, 2011, an exemption from the sales tax of qualified disaster
preparedness products purchased during a specific period of time.
Because the City of Palm Desert opposes any legislation enacted by the State, which
would remove local revenues, the Legislative Review Committee recommends that the City
Council oppose AB1120 and direct staff to prepare a letter stating that position to
appropriate Legislators for the Mayor's signature.
PATRICIA SCULLt CF
PAUL
IOR MAN AsaEMENTANALYST DIRE
CITY EASURER
SHEILA R. GILLI AN
ACM/COMMUNIT SE ICES
ROF FINANCE/
CARLOS L. ORTEGA
CITY MANAGER
AB 1120 Assembly Bill - INTRODUCED
Page 1 of 2
BILL NUMBER: AB 1120 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Tran
(Coauthors: Assembly Members DeVore, Gaines, Garrick, Jeffries,
Plescia, Sharon Runner, Spitzer, and Strickland)
(Coauthors: Senators Dutton and Harman)
FEBRUARY 23, 2007
An act to add and repeal Section 6399 of the Revenue and Taxation
Code, relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1120, as introduced, Tran. Sales and use tax: exemptions:
disaster preparedness products.
The Sales and Use Tax Law imposes a tax on the gross receipts from
the sale of, or the storage, use, or other consumption in this state
of, tangible personal property, and provides various exemptions from
that tax. Existing law authorizes cities, counties, and cities and
counties to impose local sales and use taxes or transactions and use
taxes, and provides that exemptions from state sales and use tax are
incorporated into those local taxes.
This bill would provide, beginning January 1, 2008, and until
January 1, 2011, an exemption from the sales tax for the gross
receipts from the retail sale of qualified disaster preparedness
products, as defined, purchased during a specified period.
This bill would specify that this exemption does not apply to
local sales or transaction and use taxes, unless the governing body
of the taxing county, city, or district votes otherwise.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6399 is added to the Revenue and Taxation Code,
to read:
6399. (a) There are exempted from the computation of the amount
of the sales tax the gross receipts from the sale of qualified
disaster preparedness products sold to a purchaser at the retailer's
physical place of business, as provided in subdivision (b).
(b) The exemption authorized under subdivision (a) shall apply to
sales that occur during the nine -day period beginning at 12:01 a.m.
on the first Saturday in October and ending at 12:00 midnight on the
second Sunday in October.
(c) For purposes of this section "qualified disaster preparedness
products" include:
(1) Batteries, including rechargeable and nonrechargeable
batteries in AA, C, D, and 6-volt cell sizes, with a retail price
that is not more than forty dollars ($40). Batteries shall not
include automobile and boat batteries.
(2) First aid kits with a retail price that is not more than forty
dollars ($40).
(3) Battery -operated emergency beacons with a retail price that is
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AB 1120 Assembly Bill - INTRODUCED Page 2 of 2
not more than fifty dollars ($50).
(4) Gas or diesel fuel containers with a retail price that is not
more than thirty-five dollars ($35).
(5) Ground anchor systems to secure tarps with a retail price that
is not more than sixty dollars ($60).
(6) Nonelectrical food storage coolers with a retail price that is
not more than forty dollars ($40).
(7) Portable generators to provide light, communications, or
preserve perishable food with a retail price of not more than eight
hundred fifty dollars ($850).
(8) Portable self -powered light sources, including battery powered
flashlights, battery powered lanterns, gas powered lanterns, and
candles with a retail price that is not more than thirty dollars
($30) .
(9) Self -powered and battery -powered radios, including two-way
radios and weather -band radios, with a retail price of not more than
sixty dollars ($60).
(10) Tarpaulins with a retail price of not more than sixty dollars
($60) .
(11) Tie -down kits, including bungee cords and rope, with a retail
value of not more than sixty dollars ($60).
(d) The exemption provided for by this section also includes any
of the following purchases:
(1) Layaway agreements entered into during the period specified in
subdivision (b) for which the purchaser has made a deposit of at
least 10 percent of the sale price of the article.
(2) The sale of an article pursuant to an order placed by the
purchaser and paid for in full during the period of exemption
specified in subdivision (b), notwithstanding the fact that delivery
of the article is made subsequent to the period of the exemption.
(e) Notwithstanding any provision of the Bradley -Burns Uniform
Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200))
or the Transactions and Use Tax Law (Part 1.6 (commencing with
Section 7251)), the exemption established herein does not apply with
respect to any tax levied by a county, city, or district pursuant to,
or in accordance with, either of these laws, unless the governing
body of the county, city, or district votes to have the exemption
apply.
(f) This section shall become operative on January 1, 2008, and
shall remain in effect only until January 1, 2011, and as of that
date is repealed, unless a later enacted statute, that is enacted
January 1, 2011, deletes or extends that date.
SEC. 2. The governing body of any county, city, or district that
votes to allow the exemption provided in Section 6399 of the Revenue
and Taxation Code, shall notify the State Board of Equalization on or
before August 15 of each year.
SEC. 3. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
http://info.sen.ca.gov/pub/07-08/bi11/asm/ab_1101-1150/ab_1120 bill_20070223_introduc... 2/26/2007