SB 681,
as amended, Hill. begin deleteCorporation taxes: deduction: gas corporations. end deletebegin insertVehicles: right turn violations.end insert
Existing law requires a driver facing a steady circular red signal alone to stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and to remain stopped until an indication to proceed is shown, except as specified. A violation of this provision is an infraction punishable by a fine of $100.
end insertbegin insertThis bill would recast those provisions, and instead would require that a violation of this provision for a right turn or a left turn from a one-way street onto a one-way street is punishable by a fine of $35.
end insertUnder existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations.
end deleteThe Corporation Tax Law allows various deductions in computing the income that is subject to the taxes imposed by those laws, and in modified conformity with federal law, allows a deduction for ordinary and necessary expenses carrying on a trade or business. Existing law provides that no deduction is allowed for any fine or similar penalty paid to a government for the violation of any law.
end deleteFor the taxable year beginning on January 1, 2015, this bill would not allow a deduction under the Corporation Tax Law for expenses or expenditures by a gas corporation that the Public Utilities Commission identified in a decision to penalize the gas corporation for a natural gas safety violation. For any taxable year for which those expenses or expenditures are paid or incurred, the bill would require a gas corporation to provide with the return a certification, under penalty of perjury, that none of those expenses or expenditures were taken into account, directly or indirectly, in determining the amount of income of the gas corporation, or any other related taxpayer, that is subject to tax under the Corporation Tax Law, for that taxable year. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteThis bill would declare that it is to take effect immediately as an urgency statute.
end deleteVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 21453 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert
(a) A driver facing a steady circular red signal alone
4shall stop at a marked limit line, but if none, before entering the
P3 1crosswalk on the near side of the intersection or, if none, then
2before entering the intersection, and shallbegin delete remain stoppedend deletebegin insert not
3proceed straight through the intersection, turn left, except from a
4one-way street onto a one-way street, or turn in a manner
5prohibited by a sign,end insert until an indication to proceed isbegin delete shown, except begin insert shown.end insert
6as provided in subdivision (b).end delete
7(b) Except when a sign is in place prohibiting a turn, a driver,
8after stopping as required by subdivision (a), facing a steady
9circular red signal, may turn right, or turn left from a one-way
10street onto a one-way street. A
11(b) (1) A driver facing a steady circular red signal alone shall,
12prior to turning right or turning left from a one-way
street onto a
13one-way street, stop at a marked limit line, but if none, before
14entering the crosswalk on the near side of the intersection or, if
15none, then before entering the intersection.
16begin insert(2)end insertbegin insert end insertbegin insertAend insert driver makingbegin delete thatend deletebegin insert aend insert turnbegin insert pursuant to paragraph (1)end insert shall
17yield the right-of-way to pedestrians lawfully within an adjacent
18crosswalk and to any vehicle that has approached or is approaching
19so closely as to constitute an immediate hazard to the driver, and
20shall continue to yield the right-of-way to that vehicle until the
21driver can proceed with reasonable safety.
22(c) A driver facing a steady red arrow signal shall not enter the
23intersection to make the movement indicated by the arrow and,
24unless entering the intersection to make a movement permitted by
25another signal, shall stop at a clearly marked limit line, but if none,
26before entering the crosswalk on the near side of the intersection,
27
or if none, then before entering the intersection, and shall remain
28stopped until an indication permitting movement is shown.
29(d) Unless otherwise directed by a pedestrian control signal as
30provided in Section 21456, a pedestrian facing a steady circular
31red or red arrow signal shall not enter the roadway.
begin insertSection 42001.15 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
33read:end insert
begin insert(a)end insertbegin insert end insert Every person convicted of an infraction for a
35violation of subdivision (a) or (c) of Section 21453, subdivision
36(c) of Section 21454, or subdivision (a) of Section 21457 shall be
37punished by a fine of one hundred dollars ($100).
38(b) Every person convicted of an infraction for a violation of
39paragraph (1) of subdivision (b) of Section 21453 shall be punished
40by a fine of thirty-five dollars ($35).
The Legislature finds and declares both of the
2following:
3(a) A fine or similar penalty paid at the direction of the
4government, where the government has determined the fine or
5similar penalty to be punitive, is not an ordinary and necessary
6business expense and, therefore, no deduction shall be allowed for
7any fine or similar penalty paid at the direction of the government
8for the violation of any law.
9(b) Subdivision (a) does not constitute a change in, but is
10declaratory of, existing law.
Section 24446 is added to the Revenue and Taxation
12Code, to read:
(a) For the taxable year beginning January 1, 2015, no
14deduction shall be allowed for any amount paid or incurred by a
15gas corporation, as defined in Section 222 of the Public Utilities
16Code, for expenses or expenditures identified by the Public Utilities
17Commission in
a decision to penalize the gas corporation for a
18natural gas safety violation, including any of the following:
19(1) Future gas infrastructure improvements related to
20transmission pipeline safety to be paid for by shareholders of the
21gas corporation.
22(2) Bill credits for the gas ratepayers of the gas corporation.
23(3) The implementation of pipeline safety remedies and
24reimbursement of the
Public Utilities Commission for its costs
25incurred in investigating and enforcing violations of law relating
26to the public safety by the gas corporation.
27(b) For any taxable year for which expenses or expenditures
28identified in subdivision (a) are paid or incurred, the gas
29corporation shall provide with the return, for that taxable year, a
30certification, under penalty of perjury, that none of those expenses
31or expenditures were taken into
account, directly or indirectly, in
32determining the amount of income of
the gas corporation, or any
33other related taxpayer, that is
subject to tax under this part, for that
34taxable year.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P5 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:
8In order for the provisions of this act to be applicable to the
9current tax year and to better ensure the effectiveness of decisions
10of the Public Utilities Commission protecting the public safety, it
11is necessary that this act take effect
immediately.
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