Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2011-2012 Legislature.

AB 780 - An Act to Add Section 7111 to the Public Contract Code, and to Amend Sections 7261 and 7262 of the Revenue and Taxation Code, Relating to Fixed Price Contracts.

Public contracts: fixed price contracts: sales and use taxes rate changes: transactions and use taxe. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law imposes requirements on public entities with respect to the terms of public contracts. The Sales and Use Tax Law imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the combined rate of 614% of the gross receipts from the retail sale of tangible personal property in this state and of the sales… More
Existing law imposes requirements on public entities with respect to the terms of public contracts. The Sales and Use Tax Law imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the combined rate of 614% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state that is stored, used, or otherwise consumed in this state.

This bill would provide, for a fixed price contract, as specified, between a government entity and a contractor, that the contractor is entitled to an increase in payment for a change in the contract price that is attributable to an increase in the taxes imposed by the Sales and Use Tax Law, and the government entity is entitled to a reduction in payment for a change in the contract price that is attributable to a decrease in the taxes imposed by the Sales and Use Tax Law, with the increase or decrease paid in accordance with the contract terms or as agreed to by the parties, as prescribed. The bill would also authorize the government entity to require the contractor to submit invoices for specified items consumed solely for use in the public work pursuant to the contract entered into by the government entity and the contractor. By placing new duties on local officials with respect to their contract practices, the bill would impose a state-mandated local program.

Existing laws authorize 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. The Transactions and Use Tax Law requires any transactions and use taxes ordinance adopted in accordance with that law to include specified provisions, as may be amended, including provisions that exempt from the tax the sale of, or the storage, use, or other consumption of, tangible personal property obligated to be furnished or purchased for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance, and provisions that exempt from tax a lease of, or possession of, or the exercise of any right or power over, tangible personal property during the period of time for which there is an obligation to lease the property for an amount fixed by the lease prior to the operative date of the ordinance. That law provides that property is not deemed obligated pursuant to a contract or lease if any party has an unconditional right to terminate the contract or lease.

This bill would provide that the sale or lease of tangible personal property to a government entity, as defined, is deemed obligated pursuant to a contract or lease for any period of time for which the contractor or lessor does not have the unconditional right to terminate that contract or lease.

Section 2230 of the Revenue and Taxation Code provides that the state will reimburse cities and counties 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 cities and counties for sales and use tax revenues lost by them pursuant to this bill.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
 
Status:
The bill was voted on by a Senate committee on August 15, 2011. 
Assembly Vote: On Passage

PASSED on May 31, 2011.

voted YES: 78 voted NO: 0
2 voted present/not voting

Other Votes:

An Act to Add Section 7111 to the Public Contract Code, and to Amend Sections 7261 and 7262 of the Revenue and Taxation Code, Relating to Fixed Price Contracts.

AB 780 — 2011-2012 Legislature

Summary
Existing law imposes requirements on public entities with respect to the terms of public contracts. The Sales and Use Tax Law imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the combined rate of 614% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state that is stored, used, or otherwise consumed in this state.

This bill would provide, for a fixed price contract, as specified, between a government entity and a contractor, that the contractor is entitled to an increase in payment for a change in the contract price that is attributable to an increase in the taxes imposed by the Sales and Use Tax Law, and the government entity is entitled to a reduction in payment for a change in the contract price that is attributable to a decrease in the taxes imposed by the Sales and Use Tax Law, with the increase or decrease paid in accordance with the contract terms or as agreed to by the parties, as prescribed. The bill would… More
Existing law imposes requirements on public entities with respect to the terms of public contracts. The Sales and Use Tax Law imposes a state sales and use tax on retailers and on the storage, use, or other consumption of tangible personal property in this state at the combined rate of 614% of the gross receipts from the retail sale of tangible personal property in this state and of the sales price of tangible personal property purchased from any retailer for storage, use, or other consumption in this state that is stored, used, or otherwise consumed in this state.

This bill would provide, for a fixed price contract, as specified, between a government entity and a contractor, that the contractor is entitled to an increase in payment for a change in the contract price that is attributable to an increase in the taxes imposed by the Sales and Use Tax Law, and the government entity is entitled to a reduction in payment for a change in the contract price that is attributable to a decrease in the taxes imposed by the Sales and Use Tax Law, with the increase or decrease paid in accordance with the contract terms or as agreed to by the parties, as prescribed. The bill would also authorize the government entity to require the contractor to submit invoices for specified items consumed solely for use in the public work pursuant to the contract entered into by the government entity and the contractor. By placing new duties on local officials with respect to their contract practices, the bill would impose a state-mandated local program.

Existing laws authorize 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. The Transactions and Use Tax Law requires any transactions and use taxes ordinance adopted in accordance with that law to include specified provisions, as may be amended, including provisions that exempt from the tax the sale of, or the storage, use, or other consumption of, tangible personal property obligated to be furnished or purchased for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance, and provisions that exempt from tax a lease of, or possession of, or the exercise of any right or power over, tangible personal property during the period of time for which there is an obligation to lease the property for an amount fixed by the lease prior to the operative date of the ordinance. That law provides that property is not deemed obligated pursuant to a contract or lease if any party has an unconditional right to terminate the contract or lease.

This bill would provide that the sale or lease of tangible personal property to a government entity, as defined, is deemed obligated pursuant to a contract or lease for any period of time for which the contractor or lessor does not have the unconditional right to terminate that contract or lease.

Section 2230 of the Revenue and Taxation Code provides that the state will reimburse cities and counties 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 cities and counties for sales and use tax revenues lost by them pursuant to this bill.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 7111 to the Public Contract Code, and to Amend Sections 7261 and 7262 of the Revenue and Taxation Code, Relating to Fixed Price Contracts.
Author(s)
Charles Calderon
Co-Authors
    Subjects
    • Public contracts: fixed price contracts: sales and use taxes rate changes: transactions and use taxe
    Major Actions
    Introduced2/17/2011
    Referred to Committee
    Passed Assembly Committee on Revenue and Taxation5/02/2011
    Passed Assembly Committee on Appropriations5/27/2011
    Passed Assembly5/31/2011
    Passed Senate Committee on Governance and Finance7/06/2011
    Passed Senate Committee on Appropriations8/15/2011
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Revenue and TaxationDo pass as amended and be re-referred to the Committee on Appropriations.5/02/2011This motion PASSED the Assembly Committee on Revenue and Taxation
    8 voted YES 0 voted NO 1 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.5/27/2011This motion PASSED the Assembly Committee on Appropriations
    17 voted YES 0 voted NO 0 voted present/not voting
    currently selectedAssemblyAB 780 CALDERON Assembly Third Reading5/31/2011This bill PASSED the Assembly
    78 voted YES 0 voted NO 2 voted present/not voting
    select this voteSenate Committee on Governance and FinanceDo pass as amended, and re-refer to the Committee on Appropriations.7/06/2011This motion PASSED the Senate Committee on Governance and Finance
    9 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/15/2011This motion PASSED the Senate Committee on Appropriations
    8 voted YES 0 voted NO 1 voted present/not voting
    ActionDateDescription
    Introduced2/17/2011
    2/17/2011Read first time. To print.
    2/18/2011From printer. May be heard in committee March 20.
    3/14/2011Referred to Com. on REV. & TAX.
    3/15/2011From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
    3/16/2011Re-referred to Com. on REV. & TAX.
    4/11/2011In committee: Hearing postponed by committee.
    4/25/2011In committee: Set, first hearing. Referred to REV. & TAX. suspense file.
    select this voteVote5/02/2011Do pass as amended and be re-referred to the Committee on Appropriations.
    5/09/2011From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (May 2).
    5/10/2011Read second time and amended.
    5/11/2011Re-referred to Com. on APPR.
    5/18/2011In committee: Set, first hearing. Referred to APPR. suspense file.
    5/27/2011From committee: Do pass. (Ayes 17. Noes 0.) (May 27). Read second time. Ordered to third reading.
    select this voteVote5/27/2011Do pass.
    5/31/2011Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1653.)
    5/31/2011In Senate. Read first time. To Com. on RLS. for assignment.
    currently selectedAssembly Vote on Passage5/31/2011AB 780 CALDERON Assembly Third Reading
    6/08/2011Referred to Com. on GOV. & F.
    6/27/2011In committee: Set, first hearing. Hearing canceled at the request of author.
    select this voteVote7/06/2011Do pass as amended, and re-refer to the Committee on Appropriations.
    7/11/2011From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 6).
    7/12/2011Read second time and amended. Re-referred to Com. on APPR.
    8/15/2011In committee: Referred to APPR. suspense file.
    select this voteVote8/15/2011Placed on Appropriations Suspense file.
    8/25/2011In committee: Held under submission.

    Total contributions given to Assemblymembers from interest groups that…

    18 Organizations Supported and 0 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Section 7111 to the Public Contract Code, and to Amend Sections 7261 and 7262 of the Revenue and Taxation Code, Relating to Fixed Price Contracts.: AB 780 CALDERON Assembly Third Reading

    18 organizations supported this bill

    Associated Builders & Contractors
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    Associated General Contractors of America
    Assembly Committee on Revenue and Taxation (2011, April 22). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Asphalt Pavement Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Chapter American Fence Association
    Assembly Committee on Revenue and Taxation (2011, April 22). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Fence Contractors' Association
    Assembly Committee on Revenue and Taxation (2011, April 22). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Landscape Contractors Association
    Assembly Committee on Revenue and Taxation (2011, April 22). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Legislative Conference of the Plumbing, Heating and Piping Industry
    Assembly Committee on Revenue and Taxation (2011, April 22). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Nevada Cement Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Precast Concrete Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California State Council of Laborers
    Assembly Committee on Revenue and Taxation (2011, April 22). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    California Taxpayers Association
    Senate Committee on Governance and Finance (2011, June 24). Senate Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    Concrete Contractors Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    Engineering & Utility Contractors Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    Engineering Contractors' Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    Flasher Barricade Association
    Assembly Committee on Revenue and Taxation (2011, April 22). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    Golden State Builders Exchange
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    Marin Builders Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.
    National Electrical Contractors Association
    Assembly Committee on Revenue and Taxation (2011, April 29). Assembly Committee Analysis. Retrieved June 7, 2012, from Leginfo: Bill Analysis.

    0 organizations opposed this bill

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$3,500$0
    Luis AlejoDCA-28$3,750$0
    Michael AllenDCA-7$8,800$0
    Tom AmmianoDCA-13$2,700$0
    Toni AtkinsDCA-76$10,324$0
    Jim BeallDCA-24$22,900$0
    Bill BerryhillRCA-26$29,150$0
    Marty BlockDCA-78$25,100$0
    Bob BlumenfieldDCA-40$6,500$0
    Susan BonillaDCA-11$3,424$0
    Steven BradfordDCA-51$1,000$0
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$16,168$0
    Betsy ButlerDCA-53$21,324$0
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$5,474$0
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$500$0
    Connie ConwayRCA-34$33,950$0
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$3,350$0
    Tim DonnellyRCA-59$9,000$0
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$3,500$0
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$15,068$0
    Cathleen GalgianiDCA-17$48,975$0
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$24,300$0
    Rich GordonDCA-21$17,168$0
    Jeff GorellRCA-37$2,500$0
    Shannon GroveRCA-32$4,900$0
    Curt HagmanRCA-60$19,200$0
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$6,300$0
    Diane HarkeyRCA-73$7,000$0
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$7,550$0
    Jerry HillDCA-19$17,350$0
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$5,500$0
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$7,500$0
    Steve KnightRCA-36$4,500$0
    Ricardo LaraDCA-50$10,800$0
    Dan LogueRCA-3$10,800$0
    Bonnie LowenthalDCA-54$6,000$0
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$12,325$0
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$48,100$0
    Holly MitchellDCA-47$1,974$0
    Bill MonningDCA-27$11,800$0
    Mike MorrellRCA-63$10,120$0
    Brian NestandeRCA-64$6,750$0
    Jim NielsenRCA-2$2,000$0
    Chris NorbyRCA-72$11,250$0
    Kristin OlsenRCA-25$8,000$0
    Richard PanDCA-5$5,368$0
    Henry PereaDCA-31$27,100$0
    John PerezDCA-46$40,755$0
    Manuel PerezDCA-80$1,000$0
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$3,800$0
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$5,750$0
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$5,000$0
    Bob WieckowskiDCA-20$4,000$0
    Das WilliamsDCA-35$3,500$0
    Mariko YamadaDCA-8$2,600$0

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$3,500$0
    Luis AlejoDCA-28$3,750$0
    Michael AllenDCA-7$8,800$0
    Tom AmmianoDCA-13$2,700$0
    Toni AtkinsDCA-76$10,324$0
    Jim BeallDCA-24$22,900$0
    Bill BerryhillRCA-26$29,150$0
    Marty BlockDCA-78$25,100$0
    Bob BlumenfieldDCA-40$6,500$0
    Susan BonillaDCA-11$3,424$0
    Steven BradfordDCA-51$1,000$0
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$16,168$0
    Betsy ButlerDCA-53$21,324$0
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$5,474$0
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$500$0
    Connie ConwayRCA-34$33,950$0
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$3,350$0
    Tim DonnellyRCA-59$9,000$0
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$3,500$0
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$15,068$0
    Cathleen GalgianiDCA-17$48,975$0
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$24,300$0
    Rich GordonDCA-21$17,168$0
    Jeff GorellRCA-37$2,500$0
    Shannon GroveRCA-32$4,900$0
    Curt HagmanRCA-60$19,200$0
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$6,300$0
    Diane HarkeyRCA-73$7,000$0
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$7,550$0
    Jerry HillDCA-19$17,350$0
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$5,500$0
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$7,500$0
    Steve KnightRCA-36$4,500$0
    Ricardo LaraDCA-50$10,800$0
    Dan LogueRCA-3$10,800$0
    Bonnie LowenthalDCA-54$6,000$0
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$12,325$0
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$48,100$0
    Holly MitchellDCA-47$1,974$0
    Bill MonningDCA-27$11,800$0
    Mike MorrellRCA-63$10,120$0
    Brian NestandeRCA-64$6,750$0
    Jim NielsenRCA-2$2,000$0
    Chris NorbyRCA-72$11,250$0
    Kristin OlsenRCA-25$8,000$0
    Richard PanDCA-5$5,368$0
    Henry PereaDCA-31$27,100$0
    John PerezDCA-46$40,755$0
    Manuel PerezDCA-80$1,000$0
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$3,800$0
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$5,750$0
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$5,000$0
    Bob WieckowskiDCA-20$4,000$0
    Das WilliamsDCA-35$3,500$0
    Mariko YamadaDCA-8$2,600$0

    Interest Groups that supported this bill

    $ Donated
    Builders associations$314,825
    Labor unions$107,250
    Engineering, architecture & construction management services$103,695
    Fiscal & tax policy$48,800
    Electrical contractors$20,297
    Stone, clay, glass & concrete products$18,800
    Landscaping & excavation services$9,300
    Other construction-related products$7,900
    Special trade contractors$6,150
    Plumbing, heating & air conditioning$0

    Interest Groups that opposed this bill

    $ Donated
    Loading…
    Date Range of Contributions
    Enter a custom date range