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AB-1082 Sales and use taxes: Domestic Violence Prevention and Sexual Abuse Fund: Domestic Abuser Surveillance Fund.(2009-2010)

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Amended  IN  Assembly  April 15, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1082

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   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.