Calif. Porn Tax Dropped From Calendar but Still Alive

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.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Conservative Taxpayers Group Criticizes KOSA's Overreach

Conservative newspaper The Washington Times published Tuesday an opinion piece by the executive director of the Taxpayers Protection Alliance criticizing KOSA on constitutional grounds.

Los Angeles-Area Man Pleads Guilty to Wire Fraud Over Bogus Adult Sites

A Los Angeles-area man pleaded guilty on Monday to defrauding investors out of more than $1 million “by making false promises that they would receive an ownership interest in several adult entertainment webcam websites and then using their money on personal expenses, including luxury items,” according to the Department of Justice.

Indian Pleasure Product Industry Surveyed in New Documentary 'Bad Toys Inc.'

Indian documentary streaming platform DocuBay will debut on Friday “Bad Toys Inc.,” a 45-minute program surveying the country’s pleasure product industry.

Brittany Loveless Stars in Latest From TeamSkeet

Brittany Loveless stars with Jaxson Biggs in the latest episode of "My First," from TeamSkeet.

Kimmy Kimm Stars in Latest From Blacked

Kimmy Kimm stars with Damion Dayski in the latest release from Vixen Media Group (VMG) studio imprint Blacked.

XR Brands Debuts 'Creature Cocks' Neon Sign Promo Bundle

XR Brands is introducing the Creature Cocks Neon Promo Bundle for brick-and-mortar retailers, offering a coordinated set of promotional materials.

Remy LaCroix Headlines 1st Installment of Seth Gamble's 'Ultimacy III'

LucidFlix has released the debut installment of "Ultimacy III," the new POV series from XBIZ Performer of the Year Seth Gamble, featuring the comeback of Remy LaCroix.

Jia Lissa Stars in Latest From Blacked Raw

Jia Lissa stars with Troy Francisco in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Vanna Bardot Stars in 1st Installment of Elegant Angel's 'Performers of the Year 2024'

Reigning and two-time XBIZ Female Performer of the Year Vanna Bardot stars with XBIZ Male Performer of the Year Zac Wild and Isiah Maxwell in the latest from Elegant Angel, titled "And the Winner Is."

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups that previously endorsed Project 2025 — which calls for the criminalization of adult content production and distribution — have reportedly distanced themselves from the self-described “presidential transition” blueprint, following Donald Trump’s repeated claims that he disagrees with an unspecified number of its positions.

Show More