Home > News > Calif. Porn Tax Dropped From Calendar but Still Alive • Bookmark   • Newsletters   • Register Search Options


Calif. Porn Tax Dropped From Calendar but Still Alive

Calif. Porn Tax Dropped From Calendar but Still Alive
Get XBIZ News
Apr 21, 2009 12:30 PM PDT    Text size: 
SACRAMENTO — The measure that would create a 12-percent excise tax on all tangible adult entertainment products in California has been dropped for the legislative season but still is alive.

Assembly Bill 1082 is slated as a two-year bill and will be brought back in August when the Legislature reconvenes after summer recess, according to Allegra Kim, a legislative analyst for state Assemblyman Alberto Torrico, D-Fremont, who sponsored the measure.

But for the time being, Free Speech Coalition Executive Director Diane Duke is elated.

“We’re thrilled,” Duke told XBIZ. “We dodged another one, but there always are those who believe in the absurdity of a bill like this one. I think there always will be those who want to abridge the industry’s free-speech rights.”

Duke was referring to the year-in, year-out battle the FSC faces with the numerous attempts to tax adult products throughout the union.

The FSC, in its official statement to the Legislature, said AB 1082 "creates a misplaced and unconstitutional tax and argues that individuals who commit crimes are required to pay restitution and other costs associated with their victims and this bill gives criminals a pass."

The FSC also said that "the state Board of Equalization (BOE), in analyzing a similar bill, concluded that BOE would be required to review the content of each magazine and movie to determine which items should be taxed, rendering the tax proposed in this bill costly and unworkable."

FSC was joined by the American Civil Liberties Union, which said that "the U.S. Supreme Court has made it clear that a tax on First Amendment protected speech will not withstand constitutional scrutiny and that the tax imposed by this bill is an unconstitutional, content-based regulation on speech that impermissibly burdens vast amounts of protected expression."

With AB 1082, the measure would expand Proposition 83 — the 2006 voter-approved measure requiring that sex offenders wear GPS devices for the rest of their lives — to apply to parolees convicted before the proposition took effect, as well as to domestic violence parolees.

Forty percent of gross receipts would be earmarked for the Domestic Violence and Sexual Abuse Prevention Fund, while 60 percent would be tagged for the Domestic Abuser Surveillance Fund.

Jeff Barbosa, a Torrico spokesman, told XBIZ that the 12 percent figure wasn't just figured out of the blue.

"It was the percentage we thought would fund the GPS and domestic violence prevention programs included in [another related bill,] AB 1081," he said.

The bill, which will be brought back to committee in August, would need a two-third’s majority of each house of the Legislature to reach the governor’s office for his approval or veto.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


2017 XBIZ Webstar of the Year Harriet Sugarcookie Dares to Evolve

Start with a heaping helping of charming personality, sprinkle a dash of delightful quirky antics, then lather the final product with a whopping dollop of sensual sweetness… and what do you get?... More »

2017 XBIZ Trans Performer of the Year Reigns Supreme

It’s easy to see Aubrey Kate now — the modelesque, blonde bombshell — and dismiss her recent awards in the erotic arts as inevitable. It’s easy to say that she was simply born with... More »

WIA Profile: Carmen Miller-Branch

Each month, industry news media organization XBIZ spotlights the career accomplishments and outstanding contributions of Women in Adult. WIA profiles offer an intimate look at the professional lives of... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.


XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!