BILL NUMBER: AB 1082	INTRODUCED
	BILL TEXT


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 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 introduced, Torrico. Sales and use taxes: Domestic
Violence Prevention 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 ____%.
This bill would create the Domestic Violence Prevention Fund and the
Domestic Abuser Surveillance Fund and would require that all
revenues, less refunds, derived from the tax be transferred to the
funds. This bill would continuously appropriate all of the money in
the Domestic Violence Prevention Fund to the State Department of
Health Services for programs that support survivors of domestic
violence and sexual assault and in The Domestic Abuser Surveillance
Fund to the Department of Corrections and Rehabilitation to fund a
tracking system 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 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.
  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 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 ____ percent tax imposed
pursuant to this section shall be transferred as follows:
   (1) _____ percent to the Domestic Violence Prevention Fund created
by Section 139 of the Health and Safety Code.
   (2) ____ percent to the Domestic Abuser Surveillance Fund created
by Section 646.95 of the Penal Code.
  SEC. 4.  Section 6201.7 is added to the Revenue and Taxation Code,
to read:
   6201.7.  (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 ____ percent of the sales
price of the property.
   (b) Notwithstanding any other provision of this part, all
revenues, less refunds, derived from the ____-percent tax imposed
pursuant to this section shall be as follows:
   (1) _____ percent to the Domestic Violence Prevention Fund created
by Section 139 of the Health and Safety Code.
   (2) ____ 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.