U.S. Supreme Court Refuses to Hear Internet Sales Tax Case
The Online Sales Tax You're Supposed to Pay But Don't...
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The company argued that under U.S. Supreme Court precedents, it wasn't required to charge tax because it had no physical presence in the state. But a 2011 California law, drafted to level the playing field for local brick-and-mortar businesses and capture lost sales tax revenue, declared that online merchants with affiliate sellers in the state did indeed have a taxable presence here. (Affiliate sellers are usually independent merchants who earn a commission from a larger company by referring customers there.)\u003c/p>\n\u003cp>Amazon and some other major retailers fought the law. But in the end, Amazon cut a deal with the state to delay the requirement to collect the tax in return for an agreement to locate new fulfillment centers (and thousands of jobs) here. Amazon started collecting the tax in September 2012 while another big retailer, Overstock.com, decided to cut ties with thousands of affiliates based in the state so that it wouldn't be obligated to collect the sales tax.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'The world has changed dramatically in the last two decades, and it may be that the physical presence test is outdated.'\u003c/aside>\n\u003cp>Of course, the California action didn't settle the issue for the rest of the country. Other states, also watching sales tax proceeds decline as more people buy merchandise online, have passed similar laws. And Congress has gotten involved, too. The Senate has passed \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2013/04/22/everything-you-need-to-know-about-the-senates-online-sales-tax-bill/\" target=\"_blank\">an online sales tax measure\u003c/a> ; it's unclear whether the House will go along, even as \u003ca href=\"http://www.washingtonpost.com/blogs/govbeat/wp/2013/11/14/state-republicans-making-the-case-for-internet-sales-tax-to-congress/\" target=\"_blank\">Republican state officials say\u003c/a> they need a national measure to help deal with a loss of revenue due to growing online sales. \u003c/p>\n\u003cp>All of which brings us to the state of New York's online sales tax and today's non-decision by the U.S. Supreme Court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Amazon and Overstock have been fighting the New York law, which like California's statute says that affiliate sellers create a taxable business presence. The companies lost a March decision in the New York Court of Appeals. \u003ca href=\"http://www.nytimes.com/2013/12/03/business/new-york-ruling-on-sales-tax-collection-by-online-retailers-will-stand.html?_r=0#h%5BIasTMF,3,FnAAti,1,3%5D\" target=\"_blank\">According to The New York Times\u003c/a>: \u003c/p>\n\u003cblockquote>\u003cp>[The court] ruled that the companies had a sufficient presence in the state because of affiliated independent sites that linked to the retailers in return for a commission. “The bottom line,” Chief Judge Jonathan Lippman wrote for the majority, “is that if a vendor is paying New York residents to actively solicit business in this state, there is no reason why that vendor should not shoulder the appropriate tax burden.”\u003c/p>\n\u003cp>The chief judge added that it might be time to reconsider the basic rule that states may not collect taxes from out-of-state companies without some physical presence in the state, a principle recognized by the United States Supreme Court in its 1992 decision in Quill Corp. v. North Dakota.\u003c/p>\n\u003cp>“The world has changed dramatically in the last two decades,” Chief Judge Lippman wrote, “and it may be that the physical presence test is outdated. An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet. That question, however, would be for the United States Supreme Court to consider.”\u003c/p>\u003c/blockquote>\n\u003cp>The next stop for Amazon and Overstock was the U.S. Supreme Court. Today, without comment, the high court declined to take the case. The bottom line for shoppers: state online sales tax laws in California, New York and elsewhere will stand. Maybe, somewhere down the road, Congress will act to make the tax collections universal for larger businesses. \u003c/p>\n\u003cp>And until then, remember: If you buy taxable goods online, \u003ca href=\"http://www.boe.ca.gov/taxprograms/usetax/\" target=\"_blank\">you owe the tax\u003c/a> whether it's collected or not. But that's another story. \u003c/p>\n\u003cp>Below: The latest writeup on the New York case from the Associated Press:\u003c/p>\n\u003cp>\u003cstrong>By \u003ca href=\"http://www.twitter.com/jessejholland\">Jesse J. Holland\u003c/a>\u003cbr>\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>WASHINGTON — On perhaps the busiest online shopping day of the year, the Supreme Court refused on Monday to wade into a dispute over New York state's taxes on purchases on websites like Amazon.com. The move likely will prompt more states to attempt to collect taxes on Internet sales — and ignite a furious battle in Congress involving Internet sellers, brick-and-mortar stores and states hungry for extra tax revenue.\u003c/p>\n\u003cp>The high court without comment turned away appeals from Amazon and Overstock.com Inc., in their fights against a New York court decision forcing them to remit sales tax the same way in-state businesses do. This could affect online shopping in that state, since for many shoppers one of the attractions of Internet purchasing is the lack of a state sales tax, which makes some items a little cheaper than they would be inside a brick-and-mortar store.\u003c/p>\n\u003cp>The National Council of State Legislatures estimated that states lost an estimated $23.3 billion in 2012 as a result of being prohibited from collecting sales tax on online and catalog purchases.\u003c/p>\n\u003cp>Web retailers generally have not had to charge sales taxes in states where they lack a store or some other physical presence. But New York and other states say that a retailer has a physical presence when it uses affiliates — people and businesses that refer customers to the retailer's website and collect a commission on sales. These affiliates range from one-person blogs promoting the latest gadgets to companies that run coupon and deal sites.\u003c/p>\n\u003cp>Amazon and Overstock both use affiliate programs. Amazon has been collecting sales tax in New York as it fights the state over a 2008 law that was the first to consider local affiliates enough of an in-state presence to require sales tax collection. Overstock ended its affiliate program in 2008 after the law passed.\u003c/p>\n\u003cp>But each state has its own rules on Internet sales taxes. While this settles the issue for New York state, other states like Illinois have come to different conclusions — meaning that some Americans will still get state-tax free Internet purchases from certain websites, while others won't simply because of where they live.\u003c/p>\n\u003cp>And the big Internet sellers aren't giving up. After the decision, both Amazon and Overstock said they plan to take their case to Congress in hopes of getting a federal decision on state-level Internet sales taxes that would apply to every state uniformly.\u003c/p>\n\u003cp>\"States might take courage from this non-decision but they shouldn't,\" said Jonathan Johnson, executive vice chairman of Overstock.com. Johnson pointed out that they pulled their New York affiliate operations in 2008 after that state passed its law, and that other companies fled Illinois after that state passed a similar law.\u003c/p>\n\u003cp>Internet companies will simply operate in states that have laws advantageous to their businesses, Johnson said. \"Unless all the states choose to do this, I think there will be a strong affiliate market\" somewhere, he said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>For example, the Illinois state Supreme Court in October threw out that state's taxes on certain Internet sales, saying the so-called \"Amazon tax\" violated federal rules against \"discriminatory taxes\" on digital transactions. State officials are considering whether to appeal their case to the Supreme Court.\u003c/p>\n\n","blocks":[],"excerpt":"Bottom line: Online sales tax collections in California, New York and elsewhere will continue. ","status":"publish","parent":0,"modified":1399488740,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1231},"headData":{"title":"U.S. Supreme Court Refuses to Hear Internet Sales Tax Case | KQED","description":"Bottom line: Online sales tax collections in California, New York and elsewhere will continue. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"U.S. Supreme Court Refuses to Hear Internet Sales Tax Case ","datePublished":"2013-12-02T21:16:24.000Z","dateModified":"2014-05-07T18:52:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"119751 http://ww2.kqed.org/news/?p=119751","disqusUrl":"https://ww2.kqed.org/news/2013/12/02/u-s-supreme-court-refuses-to-hear-internet-sales-tax-case/","disqusTitle":"U.S. Supreme Court Refuses to Hear Internet Sales Tax Case ","customPermalink":"2013/12/02/us-supreme-court-online-sales-tax/","path":"/news/119751/u-s-supreme-court-refuses-to-hear-internet-sales-tax-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/17/115263/rs6975_172765550-hpf/\" rel=\"attachment wp-att-115292\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/RS6975_172765550-hpf.jpg\" alt=\"Dollars \" width=\"640\" height=\"425\" class=\"aligncenter size-full wp-image-115292\">\u003c/a>Last year, Cyber Monday had a distinctly different feel for Californians: Under \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0151-0200/ab_155_bill_20110923_chaptered.pdf\" target=\"_blank\">a state law\u003c/a> passed in 2011, \u003ca href=\"http://www.npr.org/2012/09/14/161083090/california-online-sales-tax-faces-enforcement-hurdle\" target=\"_blank\">they were paying sales tax\u003c/a> for the first time on purchases they made on Amazon and many other online sites. \u003c/p>\n\u003cp>Amazon had resisted collecting the sales tax for years. The company argued that under U.S. Supreme Court precedents, it wasn't required to charge tax because it had no physical presence in the state. But a 2011 California law, drafted to level the playing field for local brick-and-mortar businesses and capture lost sales tax revenue, declared that online merchants with affiliate sellers in the state did indeed have a taxable presence here. (Affiliate sellers are usually independent merchants who earn a commission from a larger company by referring customers there.)\u003c/p>\n\u003cp>Amazon and some other major retailers fought the law. But in the end, Amazon cut a deal with the state to delay the requirement to collect the tax in return for an agreement to locate new fulfillment centers (and thousands of jobs) here. Amazon started collecting the tax in September 2012 while another big retailer, Overstock.com, decided to cut ties with thousands of affiliates based in the state so that it wouldn't be obligated to collect the sales tax.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'The world has changed dramatically in the last two decades, and it may be that the physical presence test is outdated.'\u003c/aside>\n\u003cp>Of course, the California action didn't settle the issue for the rest of the country. Other states, also watching sales tax proceeds decline as more people buy merchandise online, have passed similar laws. And Congress has gotten involved, too. The Senate has passed \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2013/04/22/everything-you-need-to-know-about-the-senates-online-sales-tax-bill/\" target=\"_blank\">an online sales tax measure\u003c/a> ; it's unclear whether the House will go along, even as \u003ca href=\"http://www.washingtonpost.com/blogs/govbeat/wp/2013/11/14/state-republicans-making-the-case-for-internet-sales-tax-to-congress/\" target=\"_blank\">Republican state officials say\u003c/a> they need a national measure to help deal with a loss of revenue due to growing online sales. \u003c/p>\n\u003cp>All of which brings us to the state of New York's online sales tax and today's non-decision by the U.S. Supreme Court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Amazon and Overstock have been fighting the New York law, which like California's statute says that affiliate sellers create a taxable business presence. The companies lost a March decision in the New York Court of Appeals. \u003ca href=\"http://www.nytimes.com/2013/12/03/business/new-york-ruling-on-sales-tax-collection-by-online-retailers-will-stand.html?_r=0#h%5BIasTMF,3,FnAAti,1,3%5D\" target=\"_blank\">According to The New York Times\u003c/a>: \u003c/p>\n\u003cblockquote>\u003cp>[The court] ruled that the companies had a sufficient presence in the state because of affiliated independent sites that linked to the retailers in return for a commission. “The bottom line,” Chief Judge Jonathan Lippman wrote for the majority, “is that if a vendor is paying New York residents to actively solicit business in this state, there is no reason why that vendor should not shoulder the appropriate tax burden.”\u003c/p>\n\u003cp>The chief judge added that it might be time to reconsider the basic rule that states may not collect taxes from out-of-state companies without some physical presence in the state, a principle recognized by the United States Supreme Court in its 1992 decision in Quill Corp. v. North Dakota.\u003c/p>\n\u003cp>“The world has changed dramatically in the last two decades,” Chief Judge Lippman wrote, “and it may be that the physical presence test is outdated. An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet. That question, however, would be for the United States Supreme Court to consider.”\u003c/p>\u003c/blockquote>\n\u003cp>The next stop for Amazon and Overstock was the U.S. Supreme Court. Today, without comment, the high court declined to take the case. The bottom line for shoppers: state online sales tax laws in California, New York and elsewhere will stand. Maybe, somewhere down the road, Congress will act to make the tax collections universal for larger businesses. \u003c/p>\n\u003cp>And until then, remember: If you buy taxable goods online, \u003ca href=\"http://www.boe.ca.gov/taxprograms/usetax/\" target=\"_blank\">you owe the tax\u003c/a> whether it's collected or not. But that's another story. \u003c/p>\n\u003cp>Below: The latest writeup on the New York case from the Associated Press:\u003c/p>\n\u003cp>\u003cstrong>By \u003ca href=\"http://www.twitter.com/jessejholland\">Jesse J. Holland\u003c/a>\u003cbr>\nAssociated Press\u003c/strong>\u003c/p>\n\u003cp>WASHINGTON — On perhaps the busiest online shopping day of the year, the Supreme Court refused on Monday to wade into a dispute over New York state's taxes on purchases on websites like Amazon.com. The move likely will prompt more states to attempt to collect taxes on Internet sales — and ignite a furious battle in Congress involving Internet sellers, brick-and-mortar stores and states hungry for extra tax revenue.\u003c/p>\n\u003cp>The high court without comment turned away appeals from Amazon and Overstock.com Inc., in their fights against a New York court decision forcing them to remit sales tax the same way in-state businesses do. This could affect online shopping in that state, since for many shoppers one of the attractions of Internet purchasing is the lack of a state sales tax, which makes some items a little cheaper than they would be inside a brick-and-mortar store.\u003c/p>\n\u003cp>The National Council of State Legislatures estimated that states lost an estimated $23.3 billion in 2012 as a result of being prohibited from collecting sales tax on online and catalog purchases.\u003c/p>\n\u003cp>Web retailers generally have not had to charge sales taxes in states where they lack a store or some other physical presence. But New York and other states say that a retailer has a physical presence when it uses affiliates — people and businesses that refer customers to the retailer's website and collect a commission on sales. These affiliates range from one-person blogs promoting the latest gadgets to companies that run coupon and deal sites.\u003c/p>\n\u003cp>Amazon and Overstock both use affiliate programs. Amazon has been collecting sales tax in New York as it fights the state over a 2008 law that was the first to consider local affiliates enough of an in-state presence to require sales tax collection. Overstock ended its affiliate program in 2008 after the law passed.\u003c/p>\n\u003cp>But each state has its own rules on Internet sales taxes. While this settles the issue for New York state, other states like Illinois have come to different conclusions — meaning that some Americans will still get state-tax free Internet purchases from certain websites, while others won't simply because of where they live.\u003c/p>\n\u003cp>And the big Internet sellers aren't giving up. After the decision, both Amazon and Overstock said they plan to take their case to Congress in hopes of getting a federal decision on state-level Internet sales taxes that would apply to every state uniformly.\u003c/p>\n\u003cp>\"States might take courage from this non-decision but they shouldn't,\" said Jonathan Johnson, executive vice chairman of Overstock.com. Johnson pointed out that they pulled their New York affiliate operations in 2008 after that state passed its law, and that other companies fled Illinois after that state passed a similar law.\u003c/p>\n\u003cp>Internet companies will simply operate in states that have laws advantageous to their businesses, Johnson said. \"Unless all the states choose to do this, I think there will be a strong affiliate market\" somewhere, he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For example, the Illinois state Supreme Court in October threw out that state's taxes on certain Internet sales, saying the so-called \"Amazon tax\" violated federal rules against \"discriminatory taxes\" on digital transactions. State officials are considering whether to appeal their case to the Supreme Court.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/119751/u-s-supreme-court-refuses-to-hear-internet-sales-tax-case","authors":["222"],"programs":["news_6944"],"categories":["news_1758"],"tags":["news_1611","news_152","news_1612","news_423"],"featImg":"news_115292","label":"news_6944"},"news_62216":{"type":"posts","id":"news_62216","meta":{"index":"posts_1591205157","site":"news","id":"62216","score":null,"sort":[1334354350000]},"guestAuthors":[],"slug":"the-online-sales-tax-youre-supposed-to-pay-but-dont","title":"The Online Sales Tax You're Supposed to Pay But Don't...","publishDate":1334354350,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_62243\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/AmazonPackage20120413.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/AmazonPackage20120413-300x169.jpg\" alt=\"\" title=\"AmazonPackage20120413\" width=\"300\" height=\"169\" class=\"size-medium wp-image-62243\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An Amazon parcel passes along a conveyor belt. (Bruno Vincent/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>As April 17 approaches, state leaders in Sacramento are nervously waiting to see what kind of tax revenue comes in -- and thus, how big a budget they can hash out. One source of revenue the state shouldn't be counting on: the use tax. The Board of Equalization estimates that annually $1 billion in unpaid taxes on online sales goes unpaid by out-of-state businesses.\u003c/p>\n\u003cp>It's a story about the 99% -- the 99% of taxpayers who don't pay the use tax. UC Hastings law professor Darien Shanske says most people don't even know about it. \u003c/p>\n\u003cp>\"When you buy something from Amazon, you still owe the use tax. It's just that if Amazon doesn't collect it, people aren't gong to pay it. :\u003c/p>\n\u003cp>After a long battle with the state, Amazon agreed to start collecting taxes in September. But the use tax actually predates the internet – it's been on the books since 1935. Board of Equalization spokesman Jaime Garza says it was designed to deny out-of-state retailers an edge over local business.\u003c/p>\n\u003cp>\"Retailers in San Francisco are required to pay 8.5 percent sales tax. An out-of-state retailer who doesn't collect that California tax now has an 8 .5 percent advantage over local businesses, and then the cities, the counties, the state have less money to support all those necessary services.\" \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>To encourage more people to comply voluntarily, the Board of Equalization is now letting taxpayers pay based on their income levels rather than adding up all of their receipts. The new system is expected to bring in about $10.6 million a year. \u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1334354884,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":290},"headData":{"title":"The Online Sales Tax You're Supposed to Pay But Don't... | KQED","description":"As April 17 approaches, state leaders in Sacramento are nervously waiting to see what kind of tax revenue comes in -- and thus, how big a budget they can hash out. One source of revenue the state shouldn't be counting on: the use tax. The Board of Equalization estimates that annually $1 billion in unpaid","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"The Online Sales Tax You're Supposed to Pay But Don't...","datePublished":"2012-04-13T21:59:10.000Z","dateModified":"2012-04-13T22:08:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"62216 http://ww2.kqed.org/news/?p=62216","disqusUrl":"https://ww2.kqed.org/news/2012/04/13/the-online-sales-tax-youre-supposed-to-pay-but-dont/","disqusTitle":"The Online Sales Tax You're Supposed to Pay But Don't...","path":"/news/62216/the-online-sales-tax-youre-supposed-to-pay-but-dont","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_62243\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/AmazonPackage20120413.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/AmazonPackage20120413-300x169.jpg\" alt=\"\" title=\"AmazonPackage20120413\" width=\"300\" height=\"169\" class=\"size-medium wp-image-62243\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An Amazon parcel passes along a conveyor belt. (Bruno Vincent/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>As April 17 approaches, state leaders in Sacramento are nervously waiting to see what kind of tax revenue comes in -- and thus, how big a budget they can hash out. One source of revenue the state shouldn't be counting on: the use tax. The Board of Equalization estimates that annually $1 billion in unpaid taxes on online sales goes unpaid by out-of-state businesses.\u003c/p>\n\u003cp>It's a story about the 99% -- the 99% of taxpayers who don't pay the use tax. UC Hastings law professor Darien Shanske says most people don't even know about it. \u003c/p>\n\u003cp>\"When you buy something from Amazon, you still owe the use tax. It's just that if Amazon doesn't collect it, people aren't gong to pay it. :\u003c/p>\n\u003cp>After a long battle with the state, Amazon agreed to start collecting taxes in September. But the use tax actually predates the internet – it's been on the books since 1935. Board of Equalization spokesman Jaime Garza says it was designed to deny out-of-state retailers an edge over local business.\u003c/p>\n\u003cp>\"Retailers in San Francisco are required to pay 8.5 percent sales tax. An out-of-state retailer who doesn't collect that California tax now has an 8 .5 percent advantage over local businesses, and then the cities, the counties, the state have less money to support all those necessary services.\" \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>To encourage more people to comply voluntarily, the Board of Equalization is now letting taxpayers pay based on their income levels rather than adding up all of their receipts. The new system is expected to bring in about $10.6 million a year. \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/62216/the-online-sales-tax-youre-supposed-to-pay-but-dont","authors":["216"],"programs":["news_6944"],"categories":["news_1758","news_248"],"tags":["news_1611","news_1612","news_71","news_423","news_2467"],"label":"news_6944"},"news_49051":{"type":"posts","id":"news_49051","meta":{"index":"posts_1591205157","site":"news","id":"49051","score":null,"sort":[1323200746000]},"guestAuthors":[],"slug":"the-daily-show-direct-democracy","title":"Video: The Daily Show on California's Direct Democracy","publishDate":1323200746,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>The Daily Show really needs to start paying royalties to California politicians. Last night, it was current Democratic Party Chairman and Official State Potty Mouth John Burton, along with GOP Assemblyman and former Minuteman Tim Donnelly, who served as props in the burgeoning cottage industry of making fun of our government.\u003c/p>\n\u003cp>In this bit, John Oliver, \u003ca href=\"http://ww2.kqed.org/news/2010/12/31/the-daily-shows-john-oliver-visits-kqed/\">who had some funny things to say to us last year\u003c/a> about the gubernatorial election, makes sport of California's system of direct democracy, focusing on this year's brouhaha over the Amazon sales tax (which now \u003ca href=\"http://ww2.kqed.org/news/2011/09/23/governor-signs-amazon-compromise-bill-no-online-sales-tax-for-at-least-a-year/\">seems to have been settled\u003c/a>, though the piece doesn't mention that). \u003c/p>\n\u003cp>\"What if I were to suggest an initiative that May 31 should forever be referred to as Tim Donelly is an a***** day,\" Oliver asks Donnelly. \"I mean, I'd need 500,000 signatures.\" \u003c/p>\n\u003cp>\"I don't think that would be that hard in this state,\" a fully-prepared-for-mockery Donnelly retorts. \u003c/p>\n\u003cp>\"I think that's probably true,\" says Oliver, fully prepared for someone fully prepared. Edit, joke on Donnelly.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cdiv style=\"background-color:#000000;width:520px\">\n\u003cdiv style=\"padding:4px\">\u003cembed src=\"http://media.mtvnservices.com/mgid:cms:item:comedycentral.com:403607\" width=\"512\" height=\"288\" type=\"application/x-shockwave-flash\" allowfullscreen=\"true\" allowscriptaccess=\"always\" base=\".\" flashvars=\"\">\u003c/embed>\n\u003cp style=\"text-align:left;background-color:#FFFFFF;padding:4px;margin-top:4px;margin-bottom:0px;font-family:Arial, Helvetica, sans-serif;font-size:12px\">\u003cb>\u003ca href=\"http://www.thedailyshow.com/watch/mon-december-5-2011/california-s-direct-democracy-troubles\">The Daily Show\u003c/a>\u003c/b>\u003cbr>Get More: \u003ca href=\"http://www.thedailyshow.com/full-episodes/\">Daily Show Full Episodes\u003c/a>,\u003ca href=\"http://www.indecisionforever.com/\">Political Humor & Satire Blog\u003c/a>,\u003ca href=\"http://www.facebook.com/thedailyshow\">The Daily Show on Facebook\u003c/a>\u003c/p>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>Burton and Donnelly now join San Francisco Supervisor \u003ca href=\"http://ww2.kqed.org/news/2011/01/04/the-daily-show-san-francisco-happy-meal-toy-ban/\">Eric Mar\u003c/a> and former Mayor Gavin Newsom; and East Bay Congressman \u003ca href=\"http://ww2.kqed.org/news/2011/06/10/video-john-garamendi-on-stephen-colbert/\">John Garamendi\u003c/a> as California politicos-turned-comedic fodder on The Daily Show-Colbert circuit. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Sort of reminds me of the \u003ca href=\"http://en.wikipedia.org/wiki/Washington_Generals\">Washington Generals\u003c/a>, the born-to-lose basketball team created for the sole purpose of playing the Harlem Globetrotters. The Generals racked up a 2,495-game losing streak, gamely and earnestly taking jumpshots and collecting rebounds while the main attraction clowned up a storm around them...\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1323210937,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":281},"headData":{"title":"Video: The Daily Show on California's Direct Democracy | KQED","description":"The Daily Show really needs to start paying royalties to California politicians. Last night, it was current Democratic Party Chairman and Official State Potty Mouth John Burton, along with GOP Assemblyman and former Minuteman Tim Donnelly, who served as props in the burgeoning cottage industry of making fun of our government. In this bit, John","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Video: The Daily Show on California's Direct Democracy","datePublished":"2011-12-06T19:45:46.000Z","dateModified":"2011-12-06T22:35:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"49051 http://ww2.kqed.org/news/?p=49051","disqusUrl":"https://ww2.kqed.org/news/2011/12/06/the-daily-show-direct-democracy/","disqusTitle":"Video: The Daily Show on California's Direct Democracy","path":"/news/49051/the-daily-show-direct-democracy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Daily Show really needs to start paying royalties to California politicians. Last night, it was current Democratic Party Chairman and Official State Potty Mouth John Burton, along with GOP Assemblyman and former Minuteman Tim Donnelly, who served as props in the burgeoning cottage industry of making fun of our government.\u003c/p>\n\u003cp>In this bit, John Oliver, \u003ca href=\"http://ww2.kqed.org/news/2010/12/31/the-daily-shows-john-oliver-visits-kqed/\">who had some funny things to say to us last year\u003c/a> about the gubernatorial election, makes sport of California's system of direct democracy, focusing on this year's brouhaha over the Amazon sales tax (which now \u003ca href=\"http://ww2.kqed.org/news/2011/09/23/governor-signs-amazon-compromise-bill-no-online-sales-tax-for-at-least-a-year/\">seems to have been settled\u003c/a>, though the piece doesn't mention that). \u003c/p>\n\u003cp>\"What if I were to suggest an initiative that May 31 should forever be referred to as Tim Donelly is an a***** day,\" Oliver asks Donnelly. \"I mean, I'd need 500,000 signatures.\" \u003c/p>\n\u003cp>\"I don't think that would be that hard in this state,\" a fully-prepared-for-mockery Donnelly retorts. \u003c/p>\n\u003cp>\"I think that's probably true,\" says Oliver, fully prepared for someone fully prepared. Edit, joke on Donnelly.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cdiv style=\"background-color:#000000;width:520px\">\n\u003cdiv style=\"padding:4px\">\u003cembed src=\"http://media.mtvnservices.com/mgid:cms:item:comedycentral.com:403607\" width=\"512\" height=\"288\" type=\"application/x-shockwave-flash\" allowfullscreen=\"true\" allowscriptaccess=\"always\" base=\".\" flashvars=\"\">\u003c/embed>\n\u003cp style=\"text-align:left;background-color:#FFFFFF;padding:4px;margin-top:4px;margin-bottom:0px;font-family:Arial, Helvetica, sans-serif;font-size:12px\">\u003cb>\u003ca href=\"http://www.thedailyshow.com/watch/mon-december-5-2011/california-s-direct-democracy-troubles\">The Daily Show\u003c/a>\u003c/b>\u003cbr>Get More: \u003ca href=\"http://www.thedailyshow.com/full-episodes/\">Daily Show Full Episodes\u003c/a>,\u003ca href=\"http://www.indecisionforever.com/\">Political Humor & Satire Blog\u003c/a>,\u003ca href=\"http://www.facebook.com/thedailyshow\">The Daily Show on Facebook\u003c/a>\u003c/p>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>Burton and Donnelly now join San Francisco Supervisor \u003ca href=\"http://ww2.kqed.org/news/2011/01/04/the-daily-show-san-francisco-happy-meal-toy-ban/\">Eric Mar\u003c/a> and former Mayor Gavin Newsom; and East Bay Congressman \u003ca href=\"http://ww2.kqed.org/news/2011/06/10/video-john-garamendi-on-stephen-colbert/\">John Garamendi\u003c/a> as California politicos-turned-comedic fodder on The Daily Show-Colbert circuit. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Sort of reminds me of the \u003ca href=\"http://en.wikipedia.org/wiki/Washington_Generals\">Washington Generals\u003c/a>, the born-to-lose basketball team created for the sole purpose of playing the Harlem Globetrotters. The Generals racked up a 2,495-game losing streak, gamely and earnestly taking jumpshots and collecting rebounds while the main attraction clowned up a storm around them...\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/49051/the-daily-show-direct-democracy","authors":["80"],"programs":["news_6944"],"categories":["news_223"],"tags":["news_2121","news_1612","news_71","news_423","news_529","news_1170"],"label":"news_6944"},"news_40844":{"type":"posts","id":"news_40844","meta":{"index":"posts_1591205157","site":"news","id":"40844","score":null,"sort":[1316807051000]},"guestAuthors":[],"slug":"governor-signs-amazon-compromise-bill-no-online-sales-tax-for-at-least-a-year","title":"Governor Signs Amazon Compromise Bill; No Online Sales Tax For at Least a Year","publishDate":1316807051,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>As \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/09/amazon-sales-tax-california-jerry-brown.html\">expected\u003c/a>, Jerry Brown signed \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0151-0200/ab_155_bill_20110914_enrolled.html\">AB 155\u003c/a>, the compromise hammered out between California legislators, big off-line retailers like Wal-Mart and Target, and Amazon.com concerning a \u003ca href=\"http://ww2.kqed.org/news/2011/06/30/amazon-says-it-wont-collect-sales-tax/\">law enacted\u003c/a> in June requiring online retailers to collect sales tax from customers. Previously, they had been exempt from that obligation because of a Supreme Court ruling, which prevented states from requiring retailers to collect the tax unless the retailers had a physical presence in the state. \u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo1.jpg\" alt=\"\" title=\"amazonlogo\" width=\"192\" height=\"192\" class=\"alignleft size-full wp-image-40850\">\u003c/a>The new law widened the definition of what such a physical presence would look like, extending it to \"affiliate\" sites that refer customers to big online businesses like Amazon, and to company subsidiaries, of which Amazon has several in California. \u003c/p>\n\u003cp>But Amazon has never complied with the law, which was supposed to bring in $200 million annually and help balance the budget. Instead, it sought a \u003ca href=\"http://ww2.kqed.org/news/2011/07/11/amazon-seeks-referendum-on-sales-tax/\">referendum\u003c/a> to have the legislation repealed. Lawmakers then parried by \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/08/amazon-tax-proponents-move-to-invalidate-referendum.html\">trying to pass a law to nullify that referendum\u003c/a>. That seemed to bring Amazon to the table, and it proposed to back off its referendum, while also opening six California distribution centers, creating 7,000 jobs. But \u003ca href=\"http://ww2.kqed.org/news/2011/09/02/democrats-retailers-say-no-sale-to-amazon-offer-on-sales-tax/\">Democrats said \"no sale\"\u003c/a>. As did brick-and-mortar retailers who have complained for years about an unfair competitive advantage accruing to Amazon, which offers its merchandise without having to charge the extra tax. \u003c/p>\n\u003cp>Under the new law, Amazon does not have to collect sales taxes until September, 2012. But if Congress, before then, enacts a federal law prescribing how online retailers should be taxed, that would supersede California law. (Let the lobbying begin.)\u003c/p>\n\u003cp>Bottom line for consumers: You have at least a year's grace period from any sales tax added to your online purchases. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Related:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/09/amazon-sales-tax-california-jerry-brown-1.html\">Gov. Jerry Brown signs Amazon sales tax collection law\u003c/a> (LA Times)\n\u003c/li>\u003cli>\u003ca href=\"http://www.ibabuzz.com/politics/2011/09/23/what-theyre-saying-about-the-amazon-tax-delay/\">What they’re saying about the ‘Amazon tax’ delay\u003c/a> (Josh Richman, Political Blotter)\u003c/li>\n\u003c/ul>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1316808963,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":314},"headData":{"title":"Governor Signs Amazon Compromise Bill; No Online Sales Tax For at Least a Year | KQED","description":"As expected, Jerry Brown signed AB 155, the compromise hammered out between California legislators, big off-line retailers like Wal-Mart and Target, and Amazon.com concerning a law enacted in June requiring online retailers to collect sales tax from customers. Previously, they had been exempt from that obligation because of a Supreme Court ruling, which prevented states","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Governor Signs Amazon Compromise Bill; No Online Sales Tax For at Least a Year","datePublished":"2011-09-23T19:44:11.000Z","dateModified":"2011-09-23T20:16:03.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"40844 http://ww2.kqed.org/news/?p=40844","disqusUrl":"https://ww2.kqed.org/news/2011/09/23/governor-signs-amazon-compromise-bill-no-online-sales-tax-for-at-least-a-year/","disqusTitle":"Governor Signs Amazon Compromise Bill; No Online Sales Tax For at Least a Year","path":"/news/40844/governor-signs-amazon-compromise-bill-no-online-sales-tax-for-at-least-a-year","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/09/amazon-sales-tax-california-jerry-brown.html\">expected\u003c/a>, Jerry Brown signed \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0151-0200/ab_155_bill_20110914_enrolled.html\">AB 155\u003c/a>, the compromise hammered out between California legislators, big off-line retailers like Wal-Mart and Target, and Amazon.com concerning a \u003ca href=\"http://ww2.kqed.org/news/2011/06/30/amazon-says-it-wont-collect-sales-tax/\">law enacted\u003c/a> in June requiring online retailers to collect sales tax from customers. Previously, they had been exempt from that obligation because of a Supreme Court ruling, which prevented states from requiring retailers to collect the tax unless the retailers had a physical presence in the state. \u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo1.jpg\" alt=\"\" title=\"amazonlogo\" width=\"192\" height=\"192\" class=\"alignleft size-full wp-image-40850\">\u003c/a>The new law widened the definition of what such a physical presence would look like, extending it to \"affiliate\" sites that refer customers to big online businesses like Amazon, and to company subsidiaries, of which Amazon has several in California. \u003c/p>\n\u003cp>But Amazon has never complied with the law, which was supposed to bring in $200 million annually and help balance the budget. Instead, it sought a \u003ca href=\"http://ww2.kqed.org/news/2011/07/11/amazon-seeks-referendum-on-sales-tax/\">referendum\u003c/a> to have the legislation repealed. Lawmakers then parried by \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/08/amazon-tax-proponents-move-to-invalidate-referendum.html\">trying to pass a law to nullify that referendum\u003c/a>. That seemed to bring Amazon to the table, and it proposed to back off its referendum, while also opening six California distribution centers, creating 7,000 jobs. But \u003ca href=\"http://ww2.kqed.org/news/2011/09/02/democrats-retailers-say-no-sale-to-amazon-offer-on-sales-tax/\">Democrats said \"no sale\"\u003c/a>. As did brick-and-mortar retailers who have complained for years about an unfair competitive advantage accruing to Amazon, which offers its merchandise without having to charge the extra tax. \u003c/p>\n\u003cp>Under the new law, Amazon does not have to collect sales taxes until September, 2012. But if Congress, before then, enacts a federal law prescribing how online retailers should be taxed, that would supersede California law. (Let the lobbying begin.)\u003c/p>\n\u003cp>Bottom line for consumers: You have at least a year's grace period from any sales tax added to your online purchases. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Related:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/09/amazon-sales-tax-california-jerry-brown-1.html\">Gov. Jerry Brown signs Amazon sales tax collection law\u003c/a> (LA Times)\n\u003c/li>\u003cli>\u003ca href=\"http://www.ibabuzz.com/politics/2011/09/23/what-theyre-saying-about-the-amazon-tax-delay/\">What they’re saying about the ‘Amazon tax’ delay\u003c/a> (Josh Richman, Political Blotter)\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/40844/governor-signs-amazon-compromise-bill-no-online-sales-tax-for-at-least-a-year","authors":["80"],"programs":["news_6944"],"categories":["news_1758","news_248"],"tags":["news_1549","news_1612","news_71","news_423"],"label":"news_6944"},"news_38950":{"type":"posts","id":"news_38950","meta":{"index":"posts_1591205157","site":"news","id":"38950","score":null,"sort":[1315005922000]},"guestAuthors":[],"slug":"democrats-retailers-say-no-sale-to-amazon-offer-on-sales-tax","title":"Democrats, Retailers Say \"No Sale\" to Amazon Offer on Sales Tax","publishDate":1315005922,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo.jpg\">\u003cimg class=\"alignright size-full wp-image-39108\" title=\"amazonlogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo.jpg\" alt=\"\" width=\"192\" height=\"192\">\u003c/a>On Tuesday, at the behest of state Republicans, Amazon.com made offline retailers having trouble competing with the online sales giant as well as Democrats having trouble finding revenue to run the state an \u003ca href=\"http://www.sacbee.com/2011/09/01/3876555/amazon-offers-jobs-to-avert-ballot.html\">offer\u003c/a> both, apparently, could \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_18807177\">refuse\u003c/a>.\u003c/p>\n\u003cp>In exchange for delaying the recently passed \u003ca href=\"http://ww2.kqed.org/news/2011/06/29/california-affiliates-tweeting-amazon-threatening-to-terminate/\">law\u003c/a> requiring web retailers to collect sales tax from their customers, a dictate that Amazon has not complied with, the company said it would open six California distribution centers, creating 7,000 jobs. It also said it would back off trying to pass a \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/08/amazon-tax-proponents-move-to-invalidate-referendum.html\">referendum\u003c/a> to repeal the law.\u003c/p>\n\u003cp>No sale, Democratic leaders, Gov. Jerry Brown, and retailers are saying.\u003c/p>\n\u003cp>From the \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/09/governor-questions-whether-the-state-can-afford-amazon-sales-tax-offer.html\">LA Times\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Brown on Thursday did not dismiss the Amazon bid out of hand. But, he stressed that he's mostly concerned about losing an estimated $300 million in badly needed state revenues that his budget expected to get once Amazon complies with a new law that took effect on July 1.\u003c/p>\n\u003cp>\"I'm concerned about anything that would reduce revenues going forward because we're in a very uncertain economy,\" the governor said after attending an awards ceremony for correctional officers in Sacramento. \"We need more revenues unless we're going to keep curbing schools, courts, corrections.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Here's Senate President Pro Tem Darryl Steinberg and Assembly Speaker John Perez basically rejecting the deal yesterday. Edited transcript follows the audio:\u003c/p>\n\u003cp>\u003cstrong>Audio: Steinberg and Perez exhibit skepticism on Amazon offer\u003c/strong>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/demsamazon.mp3|titles=demsamazon]\u003c/p>\n\u003cblockquote>\u003cp>\u003cem>Steinberg\u003c/em>\u003cbr>\nThe Amazon proposal is interesting but 155 (a bill that would \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/08/amazon-tax-proponents-move-to-invalidate-referendum.html\">nullify\u003c/a> the Amazon referendum) is more interesting, because it upholds the law and guarantees the state will be able to collect the sales tax from Amazon over the next two fiscal years.\u003c/p>\n\u003cp>I don't think we can afford to say let's just set 400 million dollar aside. I appreciate Amazon wants to talk about creating jobs in California, that's a good thing, but let's focus on trying to get this 155 done.\u003c/p>\n\u003cp>\u003cem>Perez\u003c/em>\u003c/p>\n\u003cp>Let me go a little further than that. I think people have phrased this discussion around Amazon in an odd way. They phrased it as if we're trying to pass a new tax on Internet purchases.\u003c/p>\n\u003cp>Not the case. what we're trying to do is make sure we collect the taxes that are already owed. The business practice that Amazon has been engaged in has basically inadvertently made anybody who has purchased on their system a tax cheat.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>We've created thousands, maybe millions of Californians who are cheating the system through no efforts of their own.\u003c/p>\n\u003c/aside>\n\u003cp>All of us -- I count myself among them, -- whether they purchase through a kindle device or on the Amazon web site, have an obligation to pay taxes on our purchases, and assume that as we're doing business on a web site with a legitimate business, that that is being taken care of. But Amazon hasn't done its part of collecting and then moving the taxes to the state as obligated.\u003c/p>\n\u003cp>So we've created thousands and thousands, maybe millions of Californians, who are cheating the system through no efforts of their own, no desire of their own to cheat. So by us actually moving forward with the legislation we passed, we're streamlining that for people, and not having them have to go through a rigorous process of recalculating every purchase they made so they can comply with the law. People purchase online for a variety of reasons, the biggest reason is convenience.\u003c/p>\u003c/blockquote>\n\u003cp>Maybe. But a July \u003ca href=\"http://dornsife.usc.edu/usc-lat-poll-online-sales-tax-july-2011/\">poll\u003c/a> showed Californians about evenly split on the matter.\u003c/p>\n\u003cp>Yesterday, KQED's Paul Lancour interviewed Bill Dombrowski, President and CEO of the California Retailers Association. As you might imagine, Amazon's proposal was a non-starter with him:\u003c/p>\n\u003cp>\"From our members' perspective that's a total phony offer,\" Dombrowski said. \"We are not going to sit here and watch Amazon take market share for another three years from brick and mortar stores. No matter how many jobs Amazon pledges, it does not match the jobs we will lose in California if Amazon doesn't have to collect sales tax. They're just destroying brick and mortars.\"\u003c/p>\n\u003cp>Is there an offer they could make that would appease you and the retailers you represent, Lancour asked?\u003c/p>\n\u003cp>Dombrowski: \"Start collecting sales tax.\"\u003c/p>\n\u003cp>\u003cstrong>Audio: California Retailer Association says offer is a non-starter\u003c/strong>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonretailers.mp3|titles=amazonretailers]\u003c/p>\n\u003cp>Last week, the San Francisco Business Times ran a good \u003ca href=\"http://www.bizjournals.com/sanfrancisco/print-edition/2011/08/26/amazon-not-out-of-the-jungle-yet.htm\">piece\u003c/a> on the Amazon brouhaha, including a look at the company's California subsidiaries.\u003c/p>\n\u003cp>These may end up being the key to any legal ruling on the conflict. California's new sales tax law specifically classifies such subsidiaries as establishing a parent company's \"nexus\" -- or physical presence -- in the state.\u003c/p>\n\u003cp>That is necessary to overcome a 1992 \u003ca href=\"http://www.law.cornell.edu/supct/html/91-0194.ZO.html\">Supreme Court decision\u003c/a> ruling that states can only obligate out-of-state businesses to collect sales tax if the businesses have a physical \u003cem>in-state\u003c/em> presence.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Got it?\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1315006366,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":856},"headData":{"title":"Democrats, Retailers Say \"No Sale\" to Amazon Offer on Sales Tax | KQED","description":"On Tuesday, at the behest of state Republicans, Amazon.com made offline retailers having trouble competing with the online sales giant as well as Democrats having trouble finding revenue to run the state an offer both, apparently, could refuse. In exchange for delaying the recently passed law requiring web retailers to collect sales tax from their","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Democrats, Retailers Say \"No Sale\" to Amazon Offer on Sales Tax","datePublished":"2011-09-02T23:25:22.000Z","dateModified":"2011-09-02T23:32:46.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"38950 http://ww2.kqed.org/news/?p=38950","disqusUrl":"https://ww2.kqed.org/news/2011/09/02/democrats-retailers-say-no-sale-to-amazon-offer-on-sales-tax/","disqusTitle":"Democrats, Retailers Say \"No Sale\" to Amazon Offer on Sales Tax","path":"/news/38950/democrats-retailers-say-no-sale-to-amazon-offer-on-sales-tax","audioUrl":"http://ww2.kqed.org/news/files/2011/09/demsamazon.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo.jpg\">\u003cimg class=\"alignright size-full wp-image-39108\" title=\"amazonlogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonlogo.jpg\" alt=\"\" width=\"192\" height=\"192\">\u003c/a>On Tuesday, at the behest of state Republicans, Amazon.com made offline retailers having trouble competing with the online sales giant as well as Democrats having trouble finding revenue to run the state an \u003ca href=\"http://www.sacbee.com/2011/09/01/3876555/amazon-offers-jobs-to-avert-ballot.html\">offer\u003c/a> both, apparently, could \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_18807177\">refuse\u003c/a>.\u003c/p>\n\u003cp>In exchange for delaying the recently passed \u003ca href=\"http://ww2.kqed.org/news/2011/06/29/california-affiliates-tweeting-amazon-threatening-to-terminate/\">law\u003c/a> requiring web retailers to collect sales tax from their customers, a dictate that Amazon has not complied with, the company said it would open six California distribution centers, creating 7,000 jobs. It also said it would back off trying to pass a \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/08/amazon-tax-proponents-move-to-invalidate-referendum.html\">referendum\u003c/a> to repeal the law.\u003c/p>\n\u003cp>No sale, Democratic leaders, Gov. Jerry Brown, and retailers are saying.\u003c/p>\n\u003cp>From the \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/09/governor-questions-whether-the-state-can-afford-amazon-sales-tax-offer.html\">LA Times\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Brown on Thursday did not dismiss the Amazon bid out of hand. But, he stressed that he's mostly concerned about losing an estimated $300 million in badly needed state revenues that his budget expected to get once Amazon complies with a new law that took effect on July 1.\u003c/p>\n\u003cp>\"I'm concerned about anything that would reduce revenues going forward because we're in a very uncertain economy,\" the governor said after attending an awards ceremony for correctional officers in Sacramento. \"We need more revenues unless we're going to keep curbing schools, courts, corrections.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Here's Senate President Pro Tem Darryl Steinberg and Assembly Speaker John Perez basically rejecting the deal yesterday. Edited transcript follows the audio:\u003c/p>\n\u003cp>\u003cstrong>Audio: Steinberg and Perez exhibit skepticism on Amazon offer\u003c/strong>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/demsamazon.mp3|titles=demsamazon"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/demsamazon.mp3|titles=demsamazon"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>\u003cem>Steinberg\u003c/em>\u003cbr>\nThe Amazon proposal is interesting but 155 (a bill that would \u003ca href=\"http://latimesblogs.latimes.com/money_co/2011/08/amazon-tax-proponents-move-to-invalidate-referendum.html\">nullify\u003c/a> the Amazon referendum) is more interesting, because it upholds the law and guarantees the state will be able to collect the sales tax from Amazon over the next two fiscal years.\u003c/p>\n\u003cp>I don't think we can afford to say let's just set 400 million dollar aside. I appreciate Amazon wants to talk about creating jobs in California, that's a good thing, but let's focus on trying to get this 155 done.\u003c/p>\n\u003cp>\u003cem>Perez\u003c/em>\u003c/p>\n\u003cp>Let me go a little further than that. I think people have phrased this discussion around Amazon in an odd way. They phrased it as if we're trying to pass a new tax on Internet purchases.\u003c/p>\n\u003cp>Not the case. what we're trying to do is make sure we collect the taxes that are already owed. The business practice that Amazon has been engaged in has basically inadvertently made anybody who has purchased on their system a tax cheat.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>We've created thousands, maybe millions of Californians who are cheating the system through no efforts of their own.\u003c/p>\n\u003c/aside>\n\u003cp>All of us -- I count myself among them, -- whether they purchase through a kindle device or on the Amazon web site, have an obligation to pay taxes on our purchases, and assume that as we're doing business on a web site with a legitimate business, that that is being taken care of. But Amazon hasn't done its part of collecting and then moving the taxes to the state as obligated.\u003c/p>\n\u003cp>So we've created thousands and thousands, maybe millions of Californians, who are cheating the system through no efforts of their own, no desire of their own to cheat. So by us actually moving forward with the legislation we passed, we're streamlining that for people, and not having them have to go through a rigorous process of recalculating every purchase they made so they can comply with the law. People purchase online for a variety of reasons, the biggest reason is convenience.\u003c/p>\u003c/blockquote>\n\u003cp>Maybe. But a July \u003ca href=\"http://dornsife.usc.edu/usc-lat-poll-online-sales-tax-july-2011/\">poll\u003c/a> showed Californians about evenly split on the matter.\u003c/p>\n\u003cp>Yesterday, KQED's Paul Lancour interviewed Bill Dombrowski, President and CEO of the California Retailers Association. As you might imagine, Amazon's proposal was a non-starter with him:\u003c/p>\n\u003cp>\"From our members' perspective that's a total phony offer,\" Dombrowski said. \"We are not going to sit here and watch Amazon take market share for another three years from brick and mortar stores. No matter how many jobs Amazon pledges, it does not match the jobs we will lose in California if Amazon doesn't have to collect sales tax. They're just destroying brick and mortars.\"\u003c/p>\n\u003cp>Is there an offer they could make that would appease you and the retailers you represent, Lancour asked?\u003c/p>\n\u003cp>Dombrowski: \"Start collecting sales tax.\"\u003c/p>\n\u003cp>\u003cstrong>Audio: California Retailer Association says offer is a non-starter\u003c/strong>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonretailers.mp3|titles=amazonretailers"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/09/amazonretailers.mp3|titles=amazonretailers"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last week, the San Francisco Business Times ran a good \u003ca href=\"http://www.bizjournals.com/sanfrancisco/print-edition/2011/08/26/amazon-not-out-of-the-jungle-yet.htm\">piece\u003c/a> on the Amazon brouhaha, including a look at the company's California subsidiaries.\u003c/p>\n\u003cp>These may end up being the key to any legal ruling on the conflict. California's new sales tax law specifically classifies such subsidiaries as establishing a parent company's \"nexus\" -- or physical presence -- in the state.\u003c/p>\n\u003cp>That is necessary to overcome a 1992 \u003ca href=\"http://www.law.cornell.edu/supct/html/91-0194.ZO.html\">Supreme Court decision\u003c/a> ruling that states can only obligate out-of-state businesses to collect sales tax if the businesses have a physical \u003cem>in-state\u003c/em> presence.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Got it?\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/38950/democrats-retailers-say-no-sale-to-amazon-offer-on-sales-tax","authors":["80"],"programs":["news_6944"],"categories":["news_1758"],"tags":["news_1612","news_71","news_423"],"label":"news_6944"},"news_39000":{"type":"posts","id":"news_39000","meta":{"index":"posts_1591205157","site":"news","id":"39000","score":null,"sort":[1314974850000]},"guestAuthors":[],"slug":"morning-splash-206","title":"Morning Splash: 7 Gas Leaks Found Near Cupertino Explosion; Oakland Crime Woes; Dems, Retailers Pan Amazon Offer on Sales Tax","publishDate":1314974850,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cimg class=\"alignright size-medium wp-image-567\" title=\"coffee \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2010/10/89687195-300x200.jpg\" alt=\"\" width=\"150\" height=\"100\">\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/cupertino/ci_18809413\">PG&E finds 7 gas leaks near Cupertino explosion that burned home\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A day after federal investigators chastised PG&E for \"a \"litany of failures\" in last year's San Bruno blast, a loud explosion blew away a Cupertino home's garage door, and several underground gas pipes in the area were found leaking, authorities said Thursday. Pacific Gas & Electric crews found seven leaks in the 2-inch pipes that distribute gas to homes in the area near the explosion. But investigators are still unsure exactly what caused Wednesday's blast.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/san-bruno-fire/ci_18806059\">PG&E fires four inspectors\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>PG&E has fired four inspectors after an internal investigation determined they falsely claimed to have inspected some of the company's underground electrical gear, and four others were disciplined. The probe, which PG&E launched in November after receiving an employee's tip about the phony inspections, was first disclosed publicly in June. Over the past two months, the company reinspected nearly 25,000 underground enclosures containing various electrical equipment and found 25 where inspectors had falsely claimed to have inspected them, according to PG&E spokesman Andrew Souvall.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.nytimes.com/2011/09/03/business/economy/united-states-showed-no-job-growth-in-august.html?_r=1&hp\">Job Growth at Halt in U.S.; Worst Showing in 11 Months\u003c/a> (NY Times)\u003cbr>\n\u003cblockquote>\u003cp>The economy failed to add new jobs in August, the first time there has been no increase in net jobs in the United States in 11 months. The flat performance was down sharply from a revised 85,000 gain of jobs in July, the Labor Department said Friday, and was far below a consensus forecast by economists of 60,000 new jobs. The unemployment rate stayed constant at 9.1 percent in August.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/crime-courts/ci_18807232\">Federal appeals court rejects wrongful death case against Santa Clara cops\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A federal appeals court rejected a wrongful death lawsuit against the Santa Clara police department, finding officers acted reasonably when they shot and killed a young rapper who turned violent at a 2008 house party. In a short ruling, two 9th U.S. Circuit Court of Appeals judges on Wednesday upheld an earlier decision by a San Jose judge who tossed the lawsuit filed by the family of Aziz Howard Raqmond James. James, considered a rising Bay area hip-hop star known as Almighty Aziz, stabbed two friends and a police dog before he was fatally shot by police who arrived at the scene.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/02/BA3H1KV2PS.DTL\">Navy promises Hunters Point cleanup by 2017\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>In its heyday, San Francisco's Hunters Point Naval Shipyard was home to 17,000 men and women who stripped and repaired battleships, submarines and destroyers. Today, it's the site of a massive, multimillion-dollar environmental cleanup as the Navy tries to remove dozens of chemicals, toxins and heavy metals - the essential tools of the original repair efforts - from the soil, ground water and shoreline of the old base.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2011/09/02/MNDU1KV2MI.DTL\">S.F. animal shelter full as economy goes to dogs\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>With hard-pressed pet owners surrendering their animals in booming numbers, the city's Animal Care and Control agency has issued an unprecedented order: Don't bring your dog here. The shelter is full.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18809484\">Handicapped drivers outraged by Oakland's new parking enforcement\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>About a week ago, Oakland reversed a long-standing parking enforcement practice and began ticketing cars with handicapped stickers if the drivers had not paid the meters in off-street city lots. Parking Director Noel Pinto made the change without informing Mayor Jean Quan or the City Council, according to Quan, Councilmember Pat Kernighan (Grand Lake-Chinatown), and several furious Grand Avenue shop owners, who said they were outraged and their businesses were harmed by the surprise turnaround.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18806439\">Oakland police recovering fewer guns\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>A spike in violent crimes in recent weeks is putting pressure on Oakland City Hall to answer hard questions about how to stem the violence. But little consensus exists among city leaders about what steps need to be taken next. Mayor Jean Quan is focusing on rehiring some of the 80 laid-off police officers and drawing support from federal law enforcement. She has been critical of proposals to create a youth curfew and expand gang injunctions into West Oakland and East Oakland, where the violence is most pronounced. She hasn't outright rejected either plan, but she said she'd prefer anti-loitering laws and individual injunctions.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18806483\">Many ideas, divided priorities at Oakland City Hall over severe summer violence\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>For the past five years Oakland police have recovered an average of more than 1,400 guns a year -- many seized from criminals, and others turned in by residents who no longer want them in their homes. But those statistics are on track to take a nose-dive this year, and not because there are fewer guns on the streets. It's because budget cuts have left the city with fewer law enforcement personnel for specialized enforcement teams who used to target gun crimes, officials say. \u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.baycitizen.org/energy/story/partisan-solyndra-obscures-growth-solar/\">Partisan Politicking Obscures Growth of Solar Power\u003c/a> (Bay Citizen)\u003cbr>\n\u003cblockquote>\u003cp>The surprise announcement Wednesday that Solyndra, the Fremont-based solar power company, would immediately close its doors prompted a round of gleeful I-told-you-so's from Republican Party leaders who have long opposed the Obama administration's green energy programs in general and the $535 million federal loan guarantee for Solyndra in particular. But industry officials and analysts say the partisan knife fight obscures a larger point: that the very economic forces that helped drive Solyndra out of business — namely competition from Chinese manufacturers — are actually contributing to the expansion of solar power in California. Building solar panels in Fremont with government subsidies proved to be a poor means of creating jobs, but the growth of solar as an electricity source continues to accelerate, and that has job-creation (and environmental) benefits of its own.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sacbee.com/2011/09/02/3879477/california-democrats-backed-by.html\">California Democrats, backed by business, roll out last-minute proposal on regulations\u003c/a> (Sacramento Bee)\u003cbr>\n\u003cblockquote>\u003cp>...With one week left in the legislative session, Democrats rolled out a last-minute proposal that requires additional review of new state regulations, backed by the chamber and the California Manufacturers and Technology Association. The fact that business groups and Democrats are embracing one another in the open may be as important as the bill itself. The majority party senses an opportunity to gain well-financed business allies over the next year, most notably on a November 2012 ballot package asking voters to raise taxes.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/california-budget/ci_18807176\">Democratic lawmakers, business leaders pan Amazon's offer as a 'ploy'\u003c/a> (Bay Area News Group)\u003cbr>\n\u003cblockquote>\u003cp>Amazon.com's promise to create 7,000 new jobs in exchange for a two-year reprieve on sales taxes had to be awfully tempting to Sacramento leaders desperate for good news on the jobs front. But most legislators and business groups, after having more time to absorb the details by Thursday, viewed the offer as too good to be true, panning it as an attempt to stall for time.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/news/ci_18805182\">Judge throws out $1.3 billion verdict in Oracle case against SAP\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A federal judge Thursday threw out a record $1.3 billion damage award that business software giant Oracle won against archrival SAP in a bitter copyright dispute that captivated the tech industry when it went before a jury last year. The ruling opens the door to a replay of last year's high-stakes trial, in which Oracle CEO Larry Ellison accused SAP officials of presiding over what he described as a massive theft of Oracle's software. Ellison also publicly taunted former SAP executive Léo Apotheker -- who had just been named CEO of Hewlett-Packard -- for avoiding a summons in the case.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://blogs.sfweekly.com/thesnitch/2011/09/sfpd_iphone_5.php\">Lost iPhone 5 Prototype: SFPD Says It Has No Records of Investigation\u003c/a> (SF Weekly)\u003cbr>\n\u003cblockquote>\u003cp>...CNET reported that San Francisco police investigators, working with Apple personnel, had traced a recently lost iPhone 5 prototype to the home of a man in Bernal Heights, who denied possessing it or having any knowledge of it. The phone was never recovered. There's just one problem: SFPD spokesman Officer Albie Esparza says no records exist of any such activity by SFPD inspectors.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1314977435,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":1371},"headData":{"title":"Morning Splash: 7 Gas Leaks Found Near Cupertino Explosion; Oakland Crime Woes; Dems, Retailers Pan Amazon Offer on Sales Tax | KQED","description":"PG&E finds 7 gas leaks near Cupertino explosion that burned home (San Jose Mercury News) A day after federal investigators chastised PG&E for "a "litany of failures" in last year's San Bruno blast, a loud explosion blew away a Cupertino home's garage door, and several underground gas pipes in the area were found leaking, authorities","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Morning Splash: 7 Gas Leaks Found Near Cupertino Explosion; Oakland Crime Woes; Dems, Retailers Pan Amazon Offer on Sales Tax","datePublished":"2011-09-02T14:47:30.000Z","dateModified":"2011-09-02T15:30:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"39000 http://ww2.kqed.org/news/?p=39000","disqusUrl":"https://ww2.kqed.org/news/2011/09/02/morning-splash-206/","disqusTitle":"Morning Splash: 7 Gas Leaks Found Near Cupertino Explosion; Oakland Crime Woes; Dems, Retailers Pan Amazon Offer on Sales Tax","path":"/news/39000/morning-splash-206","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cimg class=\"alignright size-medium wp-image-567\" title=\"coffee \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2010/10/89687195-300x200.jpg\" alt=\"\" width=\"150\" height=\"100\">\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/cupertino/ci_18809413\">PG&E finds 7 gas leaks near Cupertino explosion that burned home\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A day after federal investigators chastised PG&E for \"a \"litany of failures\" in last year's San Bruno blast, a loud explosion blew away a Cupertino home's garage door, and several underground gas pipes in the area were found leaking, authorities said Thursday. Pacific Gas & Electric crews found seven leaks in the 2-inch pipes that distribute gas to homes in the area near the explosion. But investigators are still unsure exactly what caused Wednesday's blast.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/san-bruno-fire/ci_18806059\">PG&E fires four inspectors\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>PG&E has fired four inspectors after an internal investigation determined they falsely claimed to have inspected some of the company's underground electrical gear, and four others were disciplined. The probe, which PG&E launched in November after receiving an employee's tip about the phony inspections, was first disclosed publicly in June. Over the past two months, the company reinspected nearly 25,000 underground enclosures containing various electrical equipment and found 25 where inspectors had falsely claimed to have inspected them, according to PG&E spokesman Andrew Souvall.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.nytimes.com/2011/09/03/business/economy/united-states-showed-no-job-growth-in-august.html?_r=1&hp\">Job Growth at Halt in U.S.; Worst Showing in 11 Months\u003c/a> (NY Times)\u003cbr>\n\u003cblockquote>\u003cp>The economy failed to add new jobs in August, the first time there has been no increase in net jobs in the United States in 11 months. The flat performance was down sharply from a revised 85,000 gain of jobs in July, the Labor Department said Friday, and was far below a consensus forecast by economists of 60,000 new jobs. The unemployment rate stayed constant at 9.1 percent in August.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/crime-courts/ci_18807232\">Federal appeals court rejects wrongful death case against Santa Clara cops\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A federal appeals court rejected a wrongful death lawsuit against the Santa Clara police department, finding officers acted reasonably when they shot and killed a young rapper who turned violent at a 2008 house party. In a short ruling, two 9th U.S. Circuit Court of Appeals judges on Wednesday upheld an earlier decision by a San Jose judge who tossed the lawsuit filed by the family of Aziz Howard Raqmond James. James, considered a rising Bay area hip-hop star known as Almighty Aziz, stabbed two friends and a police dog before he was fatally shot by police who arrived at the scene.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/02/BA3H1KV2PS.DTL\">Navy promises Hunters Point cleanup by 2017\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>In its heyday, San Francisco's Hunters Point Naval Shipyard was home to 17,000 men and women who stripped and repaired battleships, submarines and destroyers. Today, it's the site of a massive, multimillion-dollar environmental cleanup as the Navy tries to remove dozens of chemicals, toxins and heavy metals - the essential tools of the original repair efforts - from the soil, ground water and shoreline of the old base.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2011/09/02/MNDU1KV2MI.DTL\">S.F. animal shelter full as economy goes to dogs\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>With hard-pressed pet owners surrendering their animals in booming numbers, the city's Animal Care and Control agency has issued an unprecedented order: Don't bring your dog here. The shelter is full.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18809484\">Handicapped drivers outraged by Oakland's new parking enforcement\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>About a week ago, Oakland reversed a long-standing parking enforcement practice and began ticketing cars with handicapped stickers if the drivers had not paid the meters in off-street city lots. Parking Director Noel Pinto made the change without informing Mayor Jean Quan or the City Council, according to Quan, Councilmember Pat Kernighan (Grand Lake-Chinatown), and several furious Grand Avenue shop owners, who said they were outraged and their businesses were harmed by the surprise turnaround.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18806439\">Oakland police recovering fewer guns\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>A spike in violent crimes in recent weeks is putting pressure on Oakland City Hall to answer hard questions about how to stem the violence. But little consensus exists among city leaders about what steps need to be taken next. Mayor Jean Quan is focusing on rehiring some of the 80 laid-off police officers and drawing support from federal law enforcement. She has been critical of proposals to create a youth curfew and expand gang injunctions into West Oakland and East Oakland, where the violence is most pronounced. She hasn't outright rejected either plan, but she said she'd prefer anti-loitering laws and individual injunctions.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18806483\">Many ideas, divided priorities at Oakland City Hall over severe summer violence\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>For the past five years Oakland police have recovered an average of more than 1,400 guns a year -- many seized from criminals, and others turned in by residents who no longer want them in their homes. But those statistics are on track to take a nose-dive this year, and not because there are fewer guns on the streets. It's because budget cuts have left the city with fewer law enforcement personnel for specialized enforcement teams who used to target gun crimes, officials say. \u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.baycitizen.org/energy/story/partisan-solyndra-obscures-growth-solar/\">Partisan Politicking Obscures Growth of Solar Power\u003c/a> (Bay Citizen)\u003cbr>\n\u003cblockquote>\u003cp>The surprise announcement Wednesday that Solyndra, the Fremont-based solar power company, would immediately close its doors prompted a round of gleeful I-told-you-so's from Republican Party leaders who have long opposed the Obama administration's green energy programs in general and the $535 million federal loan guarantee for Solyndra in particular. But industry officials and analysts say the partisan knife fight obscures a larger point: that the very economic forces that helped drive Solyndra out of business — namely competition from Chinese manufacturers — are actually contributing to the expansion of solar power in California. Building solar panels in Fremont with government subsidies proved to be a poor means of creating jobs, but the growth of solar as an electricity source continues to accelerate, and that has job-creation (and environmental) benefits of its own.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sacbee.com/2011/09/02/3879477/california-democrats-backed-by.html\">California Democrats, backed by business, roll out last-minute proposal on regulations\u003c/a> (Sacramento Bee)\u003cbr>\n\u003cblockquote>\u003cp>...With one week left in the legislative session, Democrats rolled out a last-minute proposal that requires additional review of new state regulations, backed by the chamber and the California Manufacturers and Technology Association. The fact that business groups and Democrats are embracing one another in the open may be as important as the bill itself. The majority party senses an opportunity to gain well-financed business allies over the next year, most notably on a November 2012 ballot package asking voters to raise taxes.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/california-budget/ci_18807176\">Democratic lawmakers, business leaders pan Amazon's offer as a 'ploy'\u003c/a> (Bay Area News Group)\u003cbr>\n\u003cblockquote>\u003cp>Amazon.com's promise to create 7,000 new jobs in exchange for a two-year reprieve on sales taxes had to be awfully tempting to Sacramento leaders desperate for good news on the jobs front. But most legislators and business groups, after having more time to absorb the details by Thursday, viewed the offer as too good to be true, panning it as an attempt to stall for time.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/news/ci_18805182\">Judge throws out $1.3 billion verdict in Oracle case against SAP\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A federal judge Thursday threw out a record $1.3 billion damage award that business software giant Oracle won against archrival SAP in a bitter copyright dispute that captivated the tech industry when it went before a jury last year. The ruling opens the door to a replay of last year's high-stakes trial, in which Oracle CEO Larry Ellison accused SAP officials of presiding over what he described as a massive theft of Oracle's software. Ellison also publicly taunted former SAP executive Léo Apotheker -- who had just been named CEO of Hewlett-Packard -- for avoiding a summons in the case.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://blogs.sfweekly.com/thesnitch/2011/09/sfpd_iphone_5.php\">Lost iPhone 5 Prototype: SFPD Says It Has No Records of Investigation\u003c/a> (SF Weekly)\u003cbr>\n\u003cblockquote>\u003cp>...CNET reported that San Francisco police investigators, working with Apple personnel, had traced a recently lost iPhone 5 prototype to the home of a man in Bernal Heights, who denied possessing it or having any knowledge of it. The phone was never recovered. There's just one problem: SFPD spokesman Officer Albie Esparza says no records exist of any such activity by SFPD inspectors.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/39000/morning-splash-206","authors":["80"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_1612","news_140","news_423"],"label":"news_6944"},"news_38278":{"type":"posts","id":"news_38278","meta":{"index":"posts_1591205157","site":"news","id":"38278","score":null,"sort":[1314369899000]},"guestAuthors":[],"slug":"morning-splash-201","title":"Morning Splash: Laid-Off SJ Firefighters Return; Hancock Moves to Thwart Amazon Referendum; Assembly Committee Kills Death Penalty Rollback","publishDate":1314369899,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cimg class=\"alignright size-medium wp-image-567\" title=\"coffee \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2010/10/89687195-300x200.jpg\" alt=\"\" width=\"150\" height=\"100\">\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/bay-area-news/ci_18757947\">22 laid-off San Jose firefighters back on the job\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>Nearly half of the 49 San Jose firefighters laid off last year amid a record budget shortfall will be back on the job starting Friday thanks to a federal bailout. The $15 million, two-year fire staffing grant through the Federal Emergency Management Agency -- believed to be the largest awarded to any city -- will help restore all the firefighter jobs lost a year ago when city and fire union leaders failed to reach an agreement on pay cuts that city officials said were needed to prevent layoffs.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/real-estate/ci_18757506\">Google's Silicon Valley expansion now includes buying buildings\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>Google has purchased numerous office buildings in Mountain View, part of a multipronged property quest that underscores the startling expansion plans of the digital titan. All told, Google this year has spent an estimated $115 million to buy 16 buildings in Mountain View, including a four-building complex a few blocks from the downtown. The purchases are on both sides of Highway 101. The locations and prices were obtained from public records and realty experts\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/crime-courts/ci_18760675\">Three Marines face charges in hazing of Santa Clara corporal who killed himself in Afghanistan\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>Alone in a foxhole in Afghanistan, Santa Clara Marine Harry Lew wrote a message on his arm to his mom: \"May hate me now, but in the long run this was the right choice.\" Then he leaned over his military-issue machine gun, put his mouth over the muzzle and pulled the trigger. A new U.S. military report revealed why he did it: He had been mercilessly hazed by his fellow Marines. Thursday, the military announced charges against three Marines accused of beating and taunting the 21-year-old just hours before he killed himself on April 3.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/science/ci_18759143\">Last key step taken toward removing Alviso from federal Superfund list\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>In a key step toward removing Alviso from the federal Superfund list as soon as next year, the U.S. Environmental Protection Agency has settled a long-running dispute with prominent Alviso political leader Dick Santos and his family over asbestos buried on the family's property. The agreement, filed in U.S. District Court in San Francisco this week, requires Santos, a member of the Santa Clara Valley Water District board, along with his brother Tony Santos and sister Toni Robinson, to maintain a two-foot thick soil barrier over an 11-acre property, which the EPA says contains asbestos from old pipes and other waste dumped there half a century ago.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/26/BA4E1KS5EC.DTL\">S.F. sued over police shooting of mentally ill man\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>The parents of a mentally ill man who was shot to death by San Francisco police in his home last December sued the city Wednesday, saying the man was not wielding a knife at officers, as they claimed, and posed no threat to them. The federal court suit also alleged that police mishandled the incident because of the city's elimination in June 2010 of a program that trained officers in dealing with the mentally ill.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/26/BAN11KRLHA.DTL\">Barry Bonds seeks to have conviction overturned\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>Prosecutors were \"inventing a new criminal offense mid-trial\" when they charged Barry Bonds with obstructing justice based on a single inconclusive answer in his grand jury testimony about drugs, a lawyer for the former Giants star told a federal judge Thursday.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.baycitizen.org/bart-police-shooting/story/commuters-plan-protest-bart-protest/\">Frustrated Commuters May Strike Back\u003c/a> (Bay Citizen)\u003cbr>\n\u003cblockquote>\u003cp>...A Facebook page called Commuters Take Back BART suggests there may be a showdown Monday at 5 p.m. at the Civic Center station, when Anonymous, a loose-knit group of online activists and hackers, says it will hold what would be the fourth anti-BART protest in two months.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfexaminer.com/local/2011/08/pension-reform-ads-will-not-feature-jeff-adachis-name-or-photo\">Pension reform ads will not feature Jeff Adachi's name or photo\u003c/a> (SF Examiner)\u003cbr>\n\u003cblockquote>\u003cp>Public Defender Jeff Adachi cannot use his name or photo on any election materials supporting his pension-reform ballot measure because he’s also running for mayor, the Ethics Commission said Thursday.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfexaminer.com/local/2011/08/political-fight-accusations-racism-rock-san-franciscos-chinatown\">Political fight, accusations of racism rock San Francisco's Chinatown\u003c/a> (SF Examiner)\u003cbr>\n\u003cblockquote>\u003cp>Squabbling between prominent power brokers has blown up into a fight highlighting a political rift in San Francisco’s Asian community that could have implications in the mayoral race. The fight escalated recently when local Democratic Party chair Aaron Peskin suggested in an interview with the Epoch Times that one of Mayor Ed Lee’s close allies, Chinese Chamber of Commerce head Rose Pak, represented the interests of outside governments, including the People’s Republic of China. Peskin backed the claim by pointing out that Lee had taken multiple trips to China with Pak.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18757976\">Alameda County government and court workers rally over executive perks\u003c/a> (Contra Costa Times)\u003cbr>\n\u003cblockquote>\u003cp>Alameda County government and court workers staged a noon rally Thursday, protesting what they said were unfair benefits paid to top level managers while they have forfeited raises and live under a constant threat of layoffs. Marching outside the county administration building, they said they were angry over deferred compensation payments made to politicians and also over expected furloughs and layoffs in Superior Court, which is funded by the state. This newspaper reported Sunday that top Alameda County elected officials and department heads receive as much as $44,000 a year in deferred compensation in addition to generous pension contributions.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.marinij.com/marinnews/ci_18759367\">War of nerves unfolds in Fairfax between PG&E and SmartMeter opponents\u003c/a> (Marin Independent Journal)\u003cbr>\n\u003cblockquote>\u003cp>Some residents in Fairfax sounded the alarm this week when they spotted a Pacific Gas and Electric Co. service truck parked downtown and assumed it was there to install SmartMeters. It turned out it wasn't, but the incident served as a reminder that more than a year after PG&E began installing the wireless devices the controversy is still going strong — at least in Fairfax. SmartMeter opponents began posting sentries around Fairfax late last week to keep a lookout for PG&E vehicles. They took the action after several Fairfax residents reported finding cards that PG&E representatives had left at their homes.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2011/08/26/MN4F1KS09L.DTL\">Sen. Loni Hancock acts to thwart Amazon referendum\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>Lawmakers are aiming to torpedo a well-funded referendum that would undo a piece of the budget package requiring major online retailers to collect sales tax. On Thursday, Sen. Loni Hancock, D-Berkeley, amended a bill that would make the sales tax requirement untouchable by a referendum and would blow up the effort funded by online giant Amazon to allow voters to decide whether to keep the tax in place.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sacbee.com/2011/08/26/3862448/jerry-browns-corporate-tax-plan.html\">Jerry Brown's corporate tax plan unlikely to win GOP support\u003c/a> (Sacramento Bee)\u003cbr>\n\u003cblockquote>\u003cp>The tax and jobs plan Gov. Jerry Brown proposed Thursday was immediately assailed by Republicans as \"creative packaging,\" and even Senate President Pro Tem Darrell Steinberg – who stood beside Brown for the announcement – said he doesn't expect it to pass.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sacbee.com/2011/08/26/3862449/bill-to-kill-californias-death.html\">Bill to kill California's death penalty shelved in committee\u003c/a> (Sacramento Bee)\u003cbr>\n\u003cblockquote>\u003cp>Legislation seeking to eliminate the death penalty was shelved Thursday in the Assembly Appropriations Committee. Senate Bill 490 would have placed before voters in November 2012 a measure to close death row and replace the death penalty with life in prison without parole.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/crime-courts/ci_18759278\">Bill to change laws for juvenile offenders serving life-without-parole sentences fails in state Assembly\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A bill that would have allowed juvenile offenders sentenced to life without parole the chance to pursue freedom after a quarter-century in prison narrowly failed to pass the state Assembly Thursday. In an hourlong floor debate, Republicans seemed to sway wavering Democrats by recounting details of vicious rapes and brutal killings. \u003c/p>\u003c/blockquote>\n\u003c/li>\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1314372131,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":1289},"headData":{"title":"Morning Splash: Laid-Off SJ Firefighters Return; Hancock Moves to Thwart Amazon Referendum; Assembly Committee Kills Death Penalty Rollback | KQED","description":"22 laid-off San Jose firefighters back on the job (San Jose Mercury News) Nearly half of the 49 San Jose firefighters laid off last year amid a record budget shortfall will be back on the job starting Friday thanks to a federal bailout. The $15 million, two-year fire staffing grant through the Federal Emergency Management","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Morning Splash: Laid-Off SJ Firefighters Return; Hancock Moves to Thwart Amazon Referendum; Assembly Committee Kills Death Penalty Rollback","datePublished":"2011-08-26T14:44:59.000Z","dateModified":"2011-08-26T15:22:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"38278 http://ww2.kqed.org/news/?p=38278","disqusUrl":"https://ww2.kqed.org/news/2011/08/26/morning-splash-201/","disqusTitle":"Morning Splash: Laid-Off SJ Firefighters Return; Hancock Moves to Thwart Amazon Referendum; Assembly Committee Kills Death Penalty Rollback","path":"/news/38278/morning-splash-201","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cimg class=\"alignright size-medium wp-image-567\" title=\"coffee \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2010/10/89687195-300x200.jpg\" alt=\"\" width=\"150\" height=\"100\">\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/bay-area-news/ci_18757947\">22 laid-off San Jose firefighters back on the job\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>Nearly half of the 49 San Jose firefighters laid off last year amid a record budget shortfall will be back on the job starting Friday thanks to a federal bailout. The $15 million, two-year fire staffing grant through the Federal Emergency Management Agency -- believed to be the largest awarded to any city -- will help restore all the firefighter jobs lost a year ago when city and fire union leaders failed to reach an agreement on pay cuts that city officials said were needed to prevent layoffs.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/real-estate/ci_18757506\">Google's Silicon Valley expansion now includes buying buildings\u003c/a> (Oakland Tribune)\u003cbr>\n\u003cblockquote>\u003cp>Google has purchased numerous office buildings in Mountain View, part of a multipronged property quest that underscores the startling expansion plans of the digital titan. All told, Google this year has spent an estimated $115 million to buy 16 buildings in Mountain View, including a four-building complex a few blocks from the downtown. The purchases are on both sides of Highway 101. The locations and prices were obtained from public records and realty experts\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/crime-courts/ci_18760675\">Three Marines face charges in hazing of Santa Clara corporal who killed himself in Afghanistan\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>Alone in a foxhole in Afghanistan, Santa Clara Marine Harry Lew wrote a message on his arm to his mom: \"May hate me now, but in the long run this was the right choice.\" Then he leaned over his military-issue machine gun, put his mouth over the muzzle and pulled the trigger. A new U.S. military report revealed why he did it: He had been mercilessly hazed by his fellow Marines. Thursday, the military announced charges against three Marines accused of beating and taunting the 21-year-old just hours before he killed himself on April 3.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/science/ci_18759143\">Last key step taken toward removing Alviso from federal Superfund list\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>In a key step toward removing Alviso from the federal Superfund list as soon as next year, the U.S. Environmental Protection Agency has settled a long-running dispute with prominent Alviso political leader Dick Santos and his family over asbestos buried on the family's property. The agreement, filed in U.S. District Court in San Francisco this week, requires Santos, a member of the Santa Clara Valley Water District board, along with his brother Tony Santos and sister Toni Robinson, to maintain a two-foot thick soil barrier over an 11-acre property, which the EPA says contains asbestos from old pipes and other waste dumped there half a century ago.\u003c/p>\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/26/BA4E1KS5EC.DTL\">S.F. sued over police shooting of mentally ill man\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>The parents of a mentally ill man who was shot to death by San Francisco police in his home last December sued the city Wednesday, saying the man was not wielding a knife at officers, as they claimed, and posed no threat to them. The federal court suit also alleged that police mishandled the incident because of the city's elimination in June 2010 of a program that trained officers in dealing with the mentally ill.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/26/BAN11KRLHA.DTL\">Barry Bonds seeks to have conviction overturned\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>Prosecutors were \"inventing a new criminal offense mid-trial\" when they charged Barry Bonds with obstructing justice based on a single inconclusive answer in his grand jury testimony about drugs, a lawyer for the former Giants star told a federal judge Thursday.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.baycitizen.org/bart-police-shooting/story/commuters-plan-protest-bart-protest/\">Frustrated Commuters May Strike Back\u003c/a> (Bay Citizen)\u003cbr>\n\u003cblockquote>\u003cp>...A Facebook page called Commuters Take Back BART suggests there may be a showdown Monday at 5 p.m. at the Civic Center station, when Anonymous, a loose-knit group of online activists and hackers, says it will hold what would be the fourth anti-BART protest in two months.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfexaminer.com/local/2011/08/pension-reform-ads-will-not-feature-jeff-adachis-name-or-photo\">Pension reform ads will not feature Jeff Adachi's name or photo\u003c/a> (SF Examiner)\u003cbr>\n\u003cblockquote>\u003cp>Public Defender Jeff Adachi cannot use his name or photo on any election materials supporting his pension-reform ballot measure because he’s also running for mayor, the Ethics Commission said Thursday.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfexaminer.com/local/2011/08/political-fight-accusations-racism-rock-san-franciscos-chinatown\">Political fight, accusations of racism rock San Francisco's Chinatown\u003c/a> (SF Examiner)\u003cbr>\n\u003cblockquote>\u003cp>Squabbling between prominent power brokers has blown up into a fight highlighting a political rift in San Francisco’s Asian community that could have implications in the mayoral race. The fight escalated recently when local Democratic Party chair Aaron Peskin suggested in an interview with the Epoch Times that one of Mayor Ed Lee’s close allies, Chinese Chamber of Commerce head Rose Pak, represented the interests of outside governments, including the People’s Republic of China. Peskin backed the claim by pointing out that Lee had taken multiple trips to China with Pak.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.insidebayarea.com/oakland/ci_18757976\">Alameda County government and court workers rally over executive perks\u003c/a> (Contra Costa Times)\u003cbr>\n\u003cblockquote>\u003cp>Alameda County government and court workers staged a noon rally Thursday, protesting what they said were unfair benefits paid to top level managers while they have forfeited raises and live under a constant threat of layoffs. Marching outside the county administration building, they said they were angry over deferred compensation payments made to politicians and also over expected furloughs and layoffs in Superior Court, which is funded by the state. This newspaper reported Sunday that top Alameda County elected officials and department heads receive as much as $44,000 a year in deferred compensation in addition to generous pension contributions.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.marinij.com/marinnews/ci_18759367\">War of nerves unfolds in Fairfax between PG&E and SmartMeter opponents\u003c/a> (Marin Independent Journal)\u003cbr>\n\u003cblockquote>\u003cp>Some residents in Fairfax sounded the alarm this week when they spotted a Pacific Gas and Electric Co. service truck parked downtown and assumed it was there to install SmartMeters. It turned out it wasn't, but the incident served as a reminder that more than a year after PG&E began installing the wireless devices the controversy is still going strong — at least in Fairfax. SmartMeter opponents began posting sentries around Fairfax late last week to keep a lookout for PG&E vehicles. They took the action after several Fairfax residents reported finding cards that PG&E representatives had left at their homes.\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2011/08/26/MN4F1KS09L.DTL\">Sen. Loni Hancock acts to thwart Amazon referendum\u003c/a> (SF Chronicle)\u003cbr>\n\u003cblockquote>\u003cp>Lawmakers are aiming to torpedo a well-funded referendum that would undo a piece of the budget package requiring major online retailers to collect sales tax. On Thursday, Sen. Loni Hancock, D-Berkeley, amended a bill that would make the sales tax requirement untouchable by a referendum and would blow up the effort funded by online giant Amazon to allow voters to decide whether to keep the tax in place.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\n\u003cli>\u003ca href=\"http://www.sacbee.com/2011/08/26/3862448/jerry-browns-corporate-tax-plan.html\">Jerry Brown's corporate tax plan unlikely to win GOP support\u003c/a> (Sacramento Bee)\u003cbr>\n\u003cblockquote>\u003cp>The tax and jobs plan Gov. Jerry Brown proposed Thursday was immediately assailed by Republicans as \"creative packaging,\" and even Senate President Pro Tem Darrell Steinberg – who stood beside Brown for the announcement – said he doesn't expect it to pass.\n\u003c/p>\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.sacbee.com/2011/08/26/3862449/bill-to-kill-californias-death.html\">Bill to kill California's death penalty shelved in committee\u003c/a> (Sacramento Bee)\u003cbr>\n\u003cblockquote>\u003cp>Legislation seeking to eliminate the death penalty was shelved Thursday in the Assembly Appropriations Committee. Senate Bill 490 would have placed before voters in November 2012 a measure to close death row and replace the death penalty with life in prison without parole.\u003c/p>\n\u003c/blockquote>\n\u003c/li>\u003cli>\u003ca href=\"http://www.mercurynews.com/crime-courts/ci_18759278\">Bill to change laws for juvenile offenders serving life-without-parole sentences fails in state Assembly\u003c/a> (San Jose Mercury News)\u003cbr>\n\u003cblockquote>\u003cp>A bill that would have allowed juvenile offenders sentenced to life without parole the chance to pursue freedom after a quarter-century in prison narrowly failed to pass the state Assembly Thursday. In an hourlong floor debate, Republicans seemed to sway wavering Democrats by recounting details of vicious rapes and brutal killings. \u003c/p>\u003c/blockquote>\n\u003c/li>\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/38278/morning-splash-201","authors":["80"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_1549","news_1612","news_423"],"label":"news_6944"},"news_37109":{"type":"posts","id":"news_37109","meta":{"index":"posts_1591205157","site":"news","id":"37109","score":null,"sort":[1313446168000]},"guestAuthors":[],"slug":"coalition-calls-for-californians-to-boycott-amazon-over-sales-tax-issue","title":"Coalition Calls for Californians to Boycott Amazon Over Sales Tax Issue; Loni Hancock Statement","publishDate":1313446168,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>In what could be a test of your principles versus your ability to buy Season Four of \"Mad Men\" at a really low price, a coalition of anti-poverty groups is \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2011/08/amazon-boycott-urged-advocates-for-poor.html\">calling for Californians to boycott\u003c/a> Amazon.com over the \u003ca href=\"http://ww2.kqed.org/news/tag/online-sales-tax/\">online sales tax\u003c/a> issue. \u003c/p>\n\u003cp>Here's the group's web site, \u003ca href=\"http://thinkbeforeyouclickca.org/\">\u003cstrong>ThinkBeforeYouClickCA.org\u003c/strong>\u003c/a>, which includes a \u003ca href=\"http://www.ipetitions.com/petition/thinkb4uclick/\">petition letter\u003c/a> to Amazon that ends with:\u003c/p>\n\u003cp>\"If Amazon.com is unwilling to abide by the same laws as everyone else and contribute to the collective well-being of our state, then I have no choice but to close my account and end my contributions to Amazon.com.\"\u003c/p>\n\u003cp>As a reason for the boycott, the group cites Amazon's \u003ca href=\"http://ww2.kqed.org/news/2011/06/30/amazon-says-it-wont-collect-sales-tax/\">non-compliance\u003c/a> with the new \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0001-0050/abx1_28_bill_20110629_chaptered.html\">law\u003c/a> mandating that out-of-state online retailers collect sales tax on merchandise they sell. \u003c/p>\n\u003cp>Such transactions have previously been exempt because of a \u003ca href=\"http://www.law.cornell.edu/supct/html/91-0194.ZO.html\"> Supreme Court decision\u003c/a> ruling that states cannot require companies without a physical presence in-state to collect sales tax, even if the company conducts business in that state. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>California tried to circumvent that prohibition by expanding the definition of what constitutes an in-state presence. The new law stipulates that a presence is established if sellers own a subsidiary in the state, or by a relationship with \"affiliates,\" web sites that refer buyers to the retailer's site. \u003c/p>\n\u003cp>Amazon immediately responded to the law by severing ties with its California affiliates. Then, a couple of weeks later, it \u003ca href=\"http://blogs.kqed.org/capitalnotes/2011/07/11/amazon-tax-referendum-filed/\">filed a formal request for a referendum\u003c/a> to overturn the law. The company needs to submit about 504,000 signatures by mid-October in order for it to qualify.\u003c/p>\n\u003cp>Amazon has said it will not collect the sales tax because it's unconstitutional, among other reasons. \u003c!--more-->\u003c/p>\n\u003cp>KQED's Joshua Johnson today talked to East Bay State Sen. Loni Hancock, who co-authored the bill and is supporting the boycott. Here's what she had to say; an edited transcript follows the audio clip.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/amazonboycotthancock.mp3\">State Sen. Loni Hancock calls for Californians to boycott Amazon.com\u003c/a>\u003cbr>\n[audio:http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/amazonboycotthancock1.mp3|titles=amazonboycotthancock]\u003c/p>\n\u003cblockquote>\u003cp>The legislation passed this spring is incredibly important. It creates a level playing field for California-based businesses because it requires out-of -state online retailers to collect and pay the same sales tax that all our local companies and communities do. \u003c/p>\n\u003cp>Right now there are a lot of angry Californians because Amazon, a multi-billion dollar corporation, refuses to comply with the law and is trying to take advantage of California's initiative and referendum process to repeal the bill that was just passed and signed by the governor at a time when we need to have our local businesses survive and thrive and not be undercut by big out of state corporations, and at a time when the state needs all the revenue that is owed us because we're talking about children's education, our libraries, our parks, our roads, the things that the sales tax is used to buy for Californians. \u003c/p>\n\u003cp>A large coalition of people has come together just as they did around the attempt by Texas oil companies to repeal California's clean air laws last year, and are saying just say no to this….\n\u003c/p>\u003c/blockquote>\n\u003cp>Maybe so. But a \u003ca href=\"http://dornsife.usc.edu/usc-lat-poll-online-sales-tax-july-2011/\">poll\u003c/a> conducted last month found support for the tax of 46%, with 49% opposing it. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>We have a request out to Amazon now for comment. \u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1313453574,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":576},"headData":{"title":"Coalition Calls for Californians to Boycott Amazon Over Sales Tax Issue; Loni Hancock Statement | KQED","description":"In what could be a test of your principles versus your ability to buy Season Four of "Mad Men" at a really low price, a coalition of anti-poverty groups is calling for Californians to boycott Amazon.com over the online sales tax issue. Here's the group's web site, ThinkBeforeYouClickCA.org, which includes a petition letter to Amazon","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Coalition Calls for Californians to Boycott Amazon Over Sales Tax Issue; Loni Hancock Statement","datePublished":"2011-08-15T22:09:28.000Z","dateModified":"2011-08-16T00:12:54.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"37109 http://ww2.kqed.org/news/?p=37109","disqusUrl":"https://ww2.kqed.org/news/2011/08/15/coalition-calls-for-californians-to-boycott-amazon-over-sales-tax-issue/","disqusTitle":"Coalition Calls for Californians to Boycott Amazon Over Sales Tax Issue; Loni Hancock Statement","path":"/news/37109/coalition-calls-for-californians-to-boycott-amazon-over-sales-tax-issue","audioUrl":"http://ww2.kqed.org/news/files/2011/08/amazonboycotthancock.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In what could be a test of your principles versus your ability to buy Season Four of \"Mad Men\" at a really low price, a coalition of anti-poverty groups is \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2011/08/amazon-boycott-urged-advocates-for-poor.html\">calling for Californians to boycott\u003c/a> Amazon.com over the \u003ca href=\"http://ww2.kqed.org/news/tag/online-sales-tax/\">online sales tax\u003c/a> issue. \u003c/p>\n\u003cp>Here's the group's web site, \u003ca href=\"http://thinkbeforeyouclickca.org/\">\u003cstrong>ThinkBeforeYouClickCA.org\u003c/strong>\u003c/a>, which includes a \u003ca href=\"http://www.ipetitions.com/petition/thinkb4uclick/\">petition letter\u003c/a> to Amazon that ends with:\u003c/p>\n\u003cp>\"If Amazon.com is unwilling to abide by the same laws as everyone else and contribute to the collective well-being of our state, then I have no choice but to close my account and end my contributions to Amazon.com.\"\u003c/p>\n\u003cp>As a reason for the boycott, the group cites Amazon's \u003ca href=\"http://ww2.kqed.org/news/2011/06/30/amazon-says-it-wont-collect-sales-tax/\">non-compliance\u003c/a> with the new \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0001-0050/abx1_28_bill_20110629_chaptered.html\">law\u003c/a> mandating that out-of-state online retailers collect sales tax on merchandise they sell. \u003c/p>\n\u003cp>Such transactions have previously been exempt because of a \u003ca href=\"http://www.law.cornell.edu/supct/html/91-0194.ZO.html\"> Supreme Court decision\u003c/a> ruling that states cannot require companies without a physical presence in-state to collect sales tax, even if the company conducts business in that state. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>California tried to circumvent that prohibition by expanding the definition of what constitutes an in-state presence. The new law stipulates that a presence is established if sellers own a subsidiary in the state, or by a relationship with \"affiliates,\" web sites that refer buyers to the retailer's site. \u003c/p>\n\u003cp>Amazon immediately responded to the law by severing ties with its California affiliates. Then, a couple of weeks later, it \u003ca href=\"http://blogs.kqed.org/capitalnotes/2011/07/11/amazon-tax-referendum-filed/\">filed a formal request for a referendum\u003c/a> to overturn the law. The company needs to submit about 504,000 signatures by mid-October in order for it to qualify.\u003c/p>\n\u003cp>Amazon has said it will not collect the sales tax because it's unconstitutional, among other reasons. \u003c!--more-->\u003c/p>\n\u003cp>KQED's Joshua Johnson today talked to East Bay State Sen. Loni Hancock, who co-authored the bill and is supporting the boycott. Here's what she had to say; an edited transcript follows the audio clip.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/amazonboycotthancock.mp3\">State Sen. Loni Hancock calls for Californians to boycott Amazon.com\u003c/a>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"label":":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/amazonboycotthancock1.mp3|titles=amazonboycotthancock"},"numeric":[":http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/amazonboycotthancock1.mp3|titles=amazonboycotthancock"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cblockquote>\u003cp>The legislation passed this spring is incredibly important. It creates a level playing field for California-based businesses because it requires out-of -state online retailers to collect and pay the same sales tax that all our local companies and communities do. \u003c/p>\n\u003cp>Right now there are a lot of angry Californians because Amazon, a multi-billion dollar corporation, refuses to comply with the law and is trying to take advantage of California's initiative and referendum process to repeal the bill that was just passed and signed by the governor at a time when we need to have our local businesses survive and thrive and not be undercut by big out of state corporations, and at a time when the state needs all the revenue that is owed us because we're talking about children's education, our libraries, our parks, our roads, the things that the sales tax is used to buy for Californians. \u003c/p>\n\u003cp>A large coalition of people has come together just as they did around the attempt by Texas oil companies to repeal California's clean air laws last year, and are saying just say no to this….\n\u003c/p>\u003c/blockquote>\n\u003cp>Maybe so. But a \u003ca href=\"http://dornsife.usc.edu/usc-lat-poll-online-sales-tax-july-2011/\">poll\u003c/a> conducted last month found support for the tax of 46%, with 49% opposing it. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>We have a request out to Amazon now for comment. \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/37109/coalition-calls-for-californians-to-boycott-amazon-over-sales-tax-issue","authors":["80"],"programs":["news_6944"],"categories":["news_1758","news_248"],"tags":["news_1549","news_1657","news_1612","news_71","news_423"],"label":"news_6944"},"news_35066":{"type":"posts","id":"news_35066","meta":{"index":"posts_1591205157","site":"news","id":"35066","score":null,"sort":[1311698667000]},"guestAuthors":[],"slug":"amazon-sales-tax-may-be-put-on-hold-if-referendum-submitted-by-company-qualifies","title":"Amazon Sales Tax May Be Put on Hold If Referendum Submitted by Company Qualifies","publishDate":1311698667,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/amazonlogo.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/amazonlogo.jpg\" alt=\"\" title=\"amazonlogo\" width=\"192\" height=\"192\" class=\"alignleft size-full wp-image-35134\">\u003c/a>Legislative lawyers believe that if a referendum on the new law requiring sales tax collection by online retailers qualifies for the ballot, the law will have to be put on hold until the voters have their say.\u003c/p>\n\u003cp>If that opinion holds, it may raise the stakes for a budget written with an expectation of at least $200 million from the law in question.\u003c/p>\n\u003cp>\"We are of the opinion that the operation of the statute would be suspended during that time period,\" writes attorneys for the office of the Legislative Counsel in a letter dated Friday to state Sen. Joel Anderson (R-San Diego).\u003c/p>\n\u003cp>Anderson apparently asked for a legal opinion on whether the law, contained in \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=abx1_28&sess=CUR&house=B&author=blumenfield\">ABx 28\u003c/a>, would be operable should the newly launched campaign to overturn it via referendum gather enough voter signatures. \u003c/p>\n\u003cp>The \u003ca href=\"http://kqed03.streamguys.us/anon.kqed/blogs/capitolnotes/2011/ABx28.pdf\">six page letter (PDF)\u003c/a> tackles an issue raised a few times before, and several times since, voters approved Proposition 25 in November: whether a majority vote budget and its related \"trailer\" bills are subject to referendum. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some have \u003ca href=\"http://www.foxandhoundsdaily.com/blog/loren-kaye/7693-referendum-rip\">suggested\u003c/a> that the budget and any related bill that includes an \"appropriation\" could, under Prop 25, be immune from the referendum. In part, the quandary is linked to the California Constitution's exclusion of \"urgency statutes\" (which go into effect immediately and require a supermajority legislative vote) and those \"providing for appropriations.\" Until Prop 25 lowered the budget vote in the Legislature, both seemed to apply to the state's annual fiscal plan.\u003c/p>\n\u003cp>\"Before Proposition 25,\" the opinion letter states, \"the referendum was applicable only to statutes that did not go into effect immediately.\"\u003c/p>\n\u003cp>But now, write legislative attorneys, the budget can no longer be considered exempt from referendum because Prop 25 didn't explicitly say so. And while the constitution doesn't expressly put a statute on hold once a referendum has qualified for the ballot, Legislative Counsel says the courts have nonetheless operated on that assumption.\u003c/p>\n\u003cp>This debate has been largely theoretical up until now. But news that online giant Amazon \u003ca href=\"http://blogs.kqed.org/capitalnotes/2011/07/11/amazon-tax-referendum-filed/#more-9578\">submitted a referendum\u003c/a> and that they appear to have the \u003ca href=\"http://www.fresnobee.com/2011/07/16/2466310_strategists-flock-to-looming-amazon.html\">financial and political steam\u003c/a> needed to gather 504,760 valid voter signatures by September 27, qualifying it for the next statewide ballot, makes it very real.\u003c/p>\n\u003cp>If the Legislature's legal beagles are right, the clearing of that hurdle would suspend the law until the day after voters keep it in place or toss it out. The concluding thoughts of their new opinion letter state that:\u003c/p>\n\u003cp> \"Thus, in the case of a statute, such as AB1X 28, that has gone into immediate effect pursuant to Proposition 25, the proponent of a referendum measure would have 90 days to circulate a petition for signatures and submit the petition for certification, just as with any other statute. During that 90-day period, the statute would remain in effect and be operative, as provided by its terms. However, if the referendum were certified...the statute immediately would be stayed and would remain stayed until an election is held for the referendum measure.\"\u003c/p>\n\u003cp>Note that the passage above does not allow Amazon and other online retailers to thumb their noses at the new state law in the interim, though they've clearly seemed to say that's \u003ca href=\"http://www.pcmag.com/article2/0,2817,2388003,00.asp\">what they'll do\u003c/a>.\u003c/p>\n\u003cp>Meantime, the state Board of Equalization is scheduled to discuss implementation of the new law at a meeting here in Sacramento tomorrow morning.\u003c/p>\n\u003cp>One final, and fascinating, point: at the same time the Amazon tax referendum is on the streets for signatures, a bill awaits action by Governor Jerry Brown to cancel the February 2012 presidential primary, moving the race for the White House back to the Golden State's regularly scheduled primary in June. That would mean, if the Amazon tax referendum qualifies and this legal opinion is accurate, the law would be suspended for more than eight months until the June election... thus costing the state budget money on which it's counting.\u003c/p>\n\u003cp>Democrats, who argued the cancellation of the February primary would save the state money, may now not be so thrilled. Meantime, one of the opponents of nixing the February election \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2011/07/california-presidential-primary-june-2012-assembly-bill-80.html\">quoted during floor debate\u003c/a> as saying so: Sen. Anderson, who requested the legal opinion and now may be happy his position didn't carry the day.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Follow John Myers on \u003ca href=\"http://twitter.com/#!/kqed_capnotes\">Twitter\u003c/a> or at \u003ca href=\"http://twitter.com/#!/kqed_capnotes\">Capital Notes\u003c/a>\u003c/em>.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1311699616,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":726},"headData":{"title":"Amazon Sales Tax May Be Put on Hold If Referendum Submitted by Company Qualifies | KQED","description":"Legislative lawyers believe that if a referendum on the new law requiring sales tax collection by online retailers qualifies for the ballot, the law will have to be put on hold until the voters have their say. If that opinion holds, it may raise the stakes for a budget written with an expectation of at","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Amazon Sales Tax May Be Put on Hold If Referendum Submitted by Company Qualifies","datePublished":"2011-07-26T16:44:27.000Z","dateModified":"2011-07-26T17:00:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"35066 http://ww2.kqed.org/news/?p=35066","disqusUrl":"https://ww2.kqed.org/news/2011/07/26/amazon-sales-tax-may-be-put-on-hold-if-referendum-submitted-by-company-qualifies/","disqusTitle":"Amazon Sales Tax May Be Put on Hold If Referendum Submitted by Company Qualifies","path":"/news/35066/amazon-sales-tax-may-be-put-on-hold-if-referendum-submitted-by-company-qualifies","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/amazonlogo.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/07/amazonlogo.jpg\" alt=\"\" title=\"amazonlogo\" width=\"192\" height=\"192\" class=\"alignleft size-full wp-image-35134\">\u003c/a>Legislative lawyers believe that if a referendum on the new law requiring sales tax collection by online retailers qualifies for the ballot, the law will have to be put on hold until the voters have their say.\u003c/p>\n\u003cp>If that opinion holds, it may raise the stakes for a budget written with an expectation of at least $200 million from the law in question.\u003c/p>\n\u003cp>\"We are of the opinion that the operation of the statute would be suspended during that time period,\" writes attorneys for the office of the Legislative Counsel in a letter dated Friday to state Sen. Joel Anderson (R-San Diego).\u003c/p>\n\u003cp>Anderson apparently asked for a legal opinion on whether the law, contained in \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=abx1_28&sess=CUR&house=B&author=blumenfield\">ABx 28\u003c/a>, would be operable should the newly launched campaign to overturn it via referendum gather enough voter signatures. \u003c/p>\n\u003cp>The \u003ca href=\"http://kqed03.streamguys.us/anon.kqed/blogs/capitolnotes/2011/ABx28.pdf\">six page letter (PDF)\u003c/a> tackles an issue raised a few times before, and several times since, voters approved Proposition 25 in November: whether a majority vote budget and its related \"trailer\" bills are subject to referendum. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Some have \u003ca href=\"http://www.foxandhoundsdaily.com/blog/loren-kaye/7693-referendum-rip\">suggested\u003c/a> that the budget and any related bill that includes an \"appropriation\" could, under Prop 25, be immune from the referendum. In part, the quandary is linked to the California Constitution's exclusion of \"urgency statutes\" (which go into effect immediately and require a supermajority legislative vote) and those \"providing for appropriations.\" Until Prop 25 lowered the budget vote in the Legislature, both seemed to apply to the state's annual fiscal plan.\u003c/p>\n\u003cp>\"Before Proposition 25,\" the opinion letter states, \"the referendum was applicable only to statutes that did not go into effect immediately.\"\u003c/p>\n\u003cp>But now, write legislative attorneys, the budget can no longer be considered exempt from referendum because Prop 25 didn't explicitly say so. And while the constitution doesn't expressly put a statute on hold once a referendum has qualified for the ballot, Legislative Counsel says the courts have nonetheless operated on that assumption.\u003c/p>\n\u003cp>This debate has been largely theoretical up until now. But news that online giant Amazon \u003ca href=\"http://blogs.kqed.org/capitalnotes/2011/07/11/amazon-tax-referendum-filed/#more-9578\">submitted a referendum\u003c/a> and that they appear to have the \u003ca href=\"http://www.fresnobee.com/2011/07/16/2466310_strategists-flock-to-looming-amazon.html\">financial and political steam\u003c/a> needed to gather 504,760 valid voter signatures by September 27, qualifying it for the next statewide ballot, makes it very real.\u003c/p>\n\u003cp>If the Legislature's legal beagles are right, the clearing of that hurdle would suspend the law until the day after voters keep it in place or toss it out. The concluding thoughts of their new opinion letter state that:\u003c/p>\n\u003cp> \"Thus, in the case of a statute, such as AB1X 28, that has gone into immediate effect pursuant to Proposition 25, the proponent of a referendum measure would have 90 days to circulate a petition for signatures and submit the petition for certification, just as with any other statute. During that 90-day period, the statute would remain in effect and be operative, as provided by its terms. However, if the referendum were certified...the statute immediately would be stayed and would remain stayed until an election is held for the referendum measure.\"\u003c/p>\n\u003cp>Note that the passage above does not allow Amazon and other online retailers to thumb their noses at the new state law in the interim, though they've clearly seemed to say that's \u003ca href=\"http://www.pcmag.com/article2/0,2817,2388003,00.asp\">what they'll do\u003c/a>.\u003c/p>\n\u003cp>Meantime, the state Board of Equalization is scheduled to discuss implementation of the new law at a meeting here in Sacramento tomorrow morning.\u003c/p>\n\u003cp>One final, and fascinating, point: at the same time the Amazon tax referendum is on the streets for signatures, a bill awaits action by Governor Jerry Brown to cancel the February 2012 presidential primary, moving the race for the White House back to the Golden State's regularly scheduled primary in June. That would mean, if the Amazon tax referendum qualifies and this legal opinion is accurate, the law would be suspended for more than eight months until the June election... thus costing the state budget money on which it's counting.\u003c/p>\n\u003cp>Democrats, who argued the cancellation of the February primary would save the state money, may now not be so thrilled. Meantime, one of the opponents of nixing the February election \u003ca href=\"http://blogs.sacbee.com/capitolalertlatest/2011/07/california-presidential-primary-june-2012-assembly-bill-80.html\">quoted during floor debate\u003c/a> as saying so: Sen. Anderson, who requested the legal opinion and now may be happy his position didn't carry the day.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Follow John Myers on \u003ca href=\"http://twitter.com/#!/kqed_capnotes\">Twitter\u003c/a> or at \u003ca href=\"http://twitter.com/#!/kqed_capnotes\">Capital Notes\u003c/a>\u003c/em>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/35066/amazon-sales-tax-may-be-put-on-hold-if-referendum-submitted-by-company-qualifies","authors":["232"],"programs":["news_6944"],"categories":["news_1758","news_248"],"tags":["news_1611","news_43","news_1612","news_71","news_423"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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