Bill Text: CA AB1082 | 2009-2010 | Regular Session | Amended
Bill Title: Sales and use taxes: Domestic Violence Prevention and
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1082 Detail]
Download: California-2009-AB1082-Amended.html
BILL NUMBER: AB 1082 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Torrico
FEBRUARY 27, 2009
An act to add Section 139 to the Health and Safety Code, to add
Section 646.95 to the Penal Code, and to add Sections 6051.8 and
6201.7 6201.8 to the Revenue and
Taxation Code, relating to taxation, and making an appropriation
therefor, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1082, as amended, Torrico. Sales and use taxes: Domestic
Violence Prevention and Sexual Abuse Fund: Domestic Abuser
Surveillance Fund.
The Sales and Use Tax Law imposes a tax on the sale of or the
storage, use, or other consumption of tangible personal property in
this state at specified rates.
This bill would, in addition, impose a tax on the sale of ,
or the storage, use, or other consumption of, tangible personal
property that is harmful matter, as defined, in this state at a rate
of ____ 12 %. This bill would create
the Domestic Violence and Sexual Abuse Prevention Fund and
the Domestic Abuser Surveillance Fund and would require that all
revenues, less refunds, derived from the 12% tax be
transferred to the funds each fund in a
specified percentage . This bill would continuously appropriate
all of the money in the Domestic Violence and Sexual Abuse
Prevention Fund to the State Department of Public
Health Services and the California Emergency
Management Agency for programs that support
survivors of preventing domestic violence and
assisting victims of sexual assault , sexual crimes,
and domestic violence, and in The the
Domestic Abuser Surveillance Fund to the Department of
Corrections and Rehabilitation to fund a tracking
system for the electronic surveillance of domestic abusers
and stalkers.
This bill would result in a change in state taxes for the purpose
of increasing state revenues within the meaning of Section 3 of
Article XIII A of the California Constitution, and thus would require
for passage the approval of 2/3 of the membership of each house of
the Legislature.
This bill would take effect immediately as a tax levy.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 139 is added to the Health and Safety Code, to
read:
139. The Domestic Violence and Sexual Abuse Prevention
Fund is hereby established in the State Treasury. Notwithstanding
Section 13340 of the Government Code, all moneys in the fund are
hereby continuously appropriated, without regard to fiscal year, to
the State Department of Health Services for programs that
support survivors of sexual assault, stalking, domestic violence, and
rape. State Department of Public Health and the
California Emergency Management Agency to fund domestic violence
prevention programs and programs assisting victims of sexual assault,
sexual crimes, and domestic violence.
SEC. 2. Section 646.95 is added to the Penal Code, to read:
646.95. The Domestic Abuser Surveillance Fund is hereby
established in the State Treasury. Notwithstanding Section 13340 of
the Government Code, all moneys in the fund are hereby continuously
appropriated, without regard to fiscal year, to the Department of
Corrections and Rehabilitation for programs to monitor an offender
who is on parole for domestic violence or stalking, or sentenced to
probation for domestic violence or stalking, or on a conditional
discharge for a violation of an order of protection, to be placed
under an electronic surveillance system that will both allow peace
officers to speak to the offender through the surveillance device and
warn potential victims of the offender's presence in a forbidden
zone.
SEC. 3. Section 6051.8 is added to the Revenue and Taxation Code,
to read:
6051.8. (a) In addition to any other taxes imposed by this part,
for the privilege of selling tangible personal property that is
harmful matter, as defined by Section 313 of the Penal Code, at
retail, a tax is hereby imposed upon all retailers at the rate of
____-percent 12 percent of the gross
receipts of any retailer from the sale of all tangible personal
property that is harmful matter sold at retail in this state.
(b) Notwithstanding any other provision of this part, all
revenues, less refunds, derived from the ____
12 percent tax imposed pursuant to this section shall be
transferred as follows:
(1) _____ Forty percent to the
Domestic Violence and Sexual Abuse Prevention Fund created
by Section 139 of the Health and Safety Code.
(2) ____ Sixty percent to the
Domestic Abuser Surveillance Fund created by Section 646.95 of the
Penal Code.
SEC. 4. Section 6201.7 6201.8 is
added to the Revenue and Taxation Code, to read:
6201.7. 6201.8. (a) In addition to
the taxes imposed by any other provision of this part, an excise tax
is hereby imposed on the storage, use, or other consumption in this
state of tangible person property that is harmful matter, as defined
by Section 313 of the Penal Code, purchased from any retailer for
storage, use, or other consumption in this state at the rate of
____ 12 percent of the sales price of
the property.
(b) Notwithstanding any other provision of this part, all
revenues, less refunds, derived from the ____-percent
12 percent tax imposed pursuant to this section
shall be as follows:
(1) _____ Forty percent to the
Domestic Violence and Sexual Abuse Prevention Fund created
by Section 139 of the Health and Safety Code.
(2) ____ Sixty percent to
the Domestic Abuser Surveillance Fund created by Section 646.95 of
the Penal Code.
SEC. 5. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
