California Senate Bill SB680 Amended / Bill

 BILL NUMBER: SB 680AMENDED BILL TEXT AMENDED IN SENATE JANUARY 26, 2016 AMENDED IN SENATE MAY 14, 2015 INTRODUCED BY Senator Wieckowski (  Coauthor:   Senator   Hill   Coauthors:   Senators  Hill   and Stone  ) FEBRUARY 27, 2015 An act to add  and repeal  Section 6388.6  to   of  the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGEST SB 680, as amended, Wieckowski. Sales  and use  taxes: exemption:  motor  passenger  vehicles. Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for the storage, use, or other consumption in this state, and provides various exemptions from those taxes. This  bill   bill, until January 1, 2020,  would  provide an exemption from the sales tax for   exempt those taxes,   the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, a  qualified new  motor vehicles,   passenger vehicle,  as defined, and qualified accessories, as defined, that are purchased in California for permanent use outside this state, as provided.  The bill would provide that a qualified new passenger vehicle sold or purchased without payment of tax pursuant to this exemption would be ineligible for any electric vehicle incentive offered by the State of California, as specified.  The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes 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. Amendments to state sales and use taxes are incorporated into  these   the local tax  laws.  Section 2230 of the Revenue and Taxation Code provides that   Existing law requires  the state  will   to  reimburse counties and cities 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,   that notwithstanding those provisions,  no appropriation is made and the state shall not reimburse  any  local agencies for sales and use tax revenues lost by them pursuant to this bill. 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 6388.6 is added to the Revenue and Taxation Code, to read: 6388.6. (a) There are exempted from the  computation of the amount of sales tax   taxes imposed by this part,  the gross receipts from the sale  of   in this state of, and the storage, use, or other consumption in this state of,  any qualified new  motor   passenger  vehicle and qualified accessories sold to a person for permanent use outside this state, provided all of the following conditions are met: (1) The qualified new  motor   passenger  vehicle is moved to a point outside of this state within 30 days from the date of purchase. (2) A one-trip permit for driving or moving the qualified new  motor   passenger  vehicle to a point outside of this state pursuant to Section 4003 of the Vehicle Code is obtained by a person who presented an out-of-state driver's license at the time he or she obtained the permit. (3) The purchaser provides the retailer at time of purchase with an exemption certificate as provided in Section 6421.  (4) The purchaser is not a California resident, as defined in Section 516 of the Vehicle Code.  (b) The exemption certificate shall identify the vehicle, seller,  and  purchaser,  and purchaser's out-of-state driver's license or permit number,  state that the vehicle will be removed from this state within 30 days of the date of purchase, and state that the vehicle will be licensed and registered outside this state for permanent use outside this state.  (c) Notwithstanding any other law, the purchaser of any qualified new passenger vehicle pursuant to this section is ineligible for all of the following:   (1) A rebate administered by the State Air Resources Board or offered by the Clean Vehicle Rebate Project.   (2) Any incentive or exemption provided under the Clean Air Vehicle decal program.   (3) Any other electric vehicle incentive offered by the State of California.   (c)   (d)  For purposes of this section: (1) "Permanent use outside this state" means that the qualified new  motor   passenger  vehicle is licensed, registered, and used outside this state and the qualified new  motor  passenger  vehicle and qualified accessories do not return to this state within 12 months from the date of purchase. (2) "Qualified accessories" means tangible personal property that is affixed or attached to, or sold with, the qualified new  motor   passenger  vehicle, a power source for the qualified new  motor   passenger  vehicle, or other accessories commonly sold with a new  motor   passenger  vehicle that are sold together with the qualified new  motor  passenger  vehicle. (3) "Qualified new  motor   passenger  vehicle" means a  motor vehicle   passenger vehicle,  as  described   defined  in  subdivision (a) of  Section  415   465  of the Vehicle  Code   Code,  that has not previously been  sold.   sold, except any of the following motor vehicles:   (A) Motorcycles.   (B) Housecars.   (C) Motor vehicles constructed on truck chassis.   (e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.  SEC. 2. Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act. SEC. 3. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.