BILL ANALYSIS                                                                                                                                                                                                    




            SENATE REVENUE & TAXATION COMMITTEE

            Senator Lois Wolk, Chair

                                                         SB 10 - Leno

                                                Amended: April 13, 2009

                                                                       

            Hearing: April 22, 2009                         Fiscal: Yes



            SUMMARY: This bill authorizes a county to place on the  
            ballot a measure to impose an additional assessment on  
            vehicles owned by residents of that county.

            

            EXISTING LAW

            Existing state law imposes a vehicle license fee (VLF),  
            which is in lieu of a personal property tax on California  
            motor vehicles, at a rate based on the taxable value of the  
            vehicle. The taxable value of a vehicle is established by  
            the purchase price of the vehicle, depreciated annually  
            according to a statutory schedule. 

            The VLF tax rate is currently 0.65 percent of the value of  
            a vehicle, but historically the rate has been two percent  
            of value, and effective May 19, 2009, the rate will be 1.15  
            percent, because of AB 3XXX (Evans), Chapter 18, Statutes  
            of 2009-10 Third Extraordinary Session.

            AB 3XXX  temporarily increases the VLF rate to 1.15% and  
            dedicates revenue from the portion of the increase from  
            0.65 percent to one percent to the state General Fund and  
            revenue from the additional increase of 0.15 percent to  
            specific local public safety programs. AB 3XXX's VLF rate  
            increase becomes effective for vehicle registrations on May  
            19, 2009 and expires on June 30, 2011.  However, if the  
            voters approve Proposition 1A, the budget stabilization  
            constitutional amendment, on the May 19th ballot both  








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            components of the rate increase will be extended for an  
            additional two years and will expire on June 30, 2013. 

            For the taxpayer, VLF is deductible on both state and  
            federal income taxes. 


            THIS BILL 

            Authorizes the Board of Supervisors of any county, by a  
            two-thirds vote, to adopt an ordinance to place before the  
            voters in that county a measure to levy a local assessment  
            for general revenue purposes. The local assessment would be  
            placed on residents of the county for the privilege of  
            operating a vehicle or trailer coach subject to the state  
            VLF upon the public streets and highways of the county.


            Specifies that the assessment rate shall be equal to the  
            difference between the historical two percent state VLF  
            rate and the current state VLF rate. In 2010, when this  
            bill takes effect, this would allow imposition of a local  
            assessment rate of 0.85 percent on the depreciated value of  
            a county's residents' vehicles (2% minus the state VLF of  
            1.15%). The resulting total VLF imposed on residents of  
            counties adopting the assessment would be two percent (1.15  
            percent to the state, plus 0.85 percent to the county). The  
            bill provides for the local assessment to adjust so that  
            county residents would always pay two percent, even after  
            the state adjusts its rate. 

            Requires that the ordinance proposing the assessment be  
            submitted to the electorate of the county and approved by a  
            majority of those voting. 


            Allows a county imposing the local assessment to impose a  
            lower rate for low-emission vehicles, as defined.


            Requires any county imposing an assessment to contract with  
            the Department of Motor Vehicles (DMV) to collect and  








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            administer the fee and to pay DMV for its initial setup and  
            programming costs.


            Requires DMV to do all of the following:


                    o         Collect the local assessment pursuant to  
                      a contract with the county;


                    o         Deduct its costs from the assessments  
                      collected;


                    o         Report to the Franchise Tax Board (FTB)  
                      the aggregate amount paid by each person paying  
                      the local assessment authorized under this bill  
                      for the prior quarter. The FTB in turn shall  
                      report to the DMV state revenue losses resulting  
                      from taxpayers deducting the local VLF  
                      assessments authorized by this bill from their  
                      personal income tax and their corporation taxes.  
                      DMV shall remit that amount to the State  
                      Controller for deposit in the state General Fund,  
                      ensuring that the implementation of this bill  
                      results in no loss of state revenue; and


                    o         Transmit the collected revenues minus  
                      these deductions to the counties imposing the  
                      assessments as promptly as feasible.


            Provides that the revenue generated by a local assessment  
            imposed in a county shall not supplant any moneys that the  
            state apportions to the county.



            FISCAL EFFECT: 









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            For counties that approve the tax, there could be  
            substantial potential net revenue; for example, if the City  
            and County of San Francisco were to impose the tax it would  
            generate as much as $30 million starting as early as  
            2010-11 and $60 million annually thereafter. 

            There would be moderate one-time costs, in the range of at  
            least $200,000 to the DMV to reprogram software and  
            implement accounting procedures to collect and disburse the  
            additional VLF; there would be ongoing costs in the range  
            of $150,000 annually.  These costs are reimbursed by the  
            revenues generated by the imposition of the tax.  



            COMMENTS:

            A.   Purpose of the Bill:

            The author notes that the VLF is one of the largest sources  
            of general-purpose tax revenues for California's counties.   
            These revenues fund vital programs, including public  
            safety, public health, social services, fire protection,  
            public works, and cultural activities.  Much of this  
            revenue was lost when the Governor signed an executive  
            order in 2003 reducing the VLF to the 0.65 percent rate.

            The author states that key public services are under  
            constant budget pressures from both increasing costs such  
            as labor, fuel, and medical expenses, as well as from  
            expanding need for public services resulting from  
            homelessness, HIV/AIDS, and reduced state and federal  
            funding due to current economic conditions. The author  
            introduced this bill to grant the people of each county the  
            right of voter determination to levy a fee upon themselves  
            to fund vital services and thus give county voters a viable  
            alternative to cutting services.  

            B.   Previous Legislation

            AB 799 (Leno) of 2005 and AB 1590 (Leno) of 2007 were both  
            very similar to this bill, except they applied only to the  








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            City and County of San Francisco.  AB 1590 was never taken  
            up in a Senate policy committee and the Governor vetoed AB  
            799. His veto message read in part: 

                 Within hours of taking office in 2003, I signed an  
                 Executive Order to reverse the car tax increase.  That  
                 action returned $4 billion to the people of  
                 California.  Putting that money back into the hands of  
                 hard working Californians is one of the ways we have  
                 helped our economy grow over the last three years. 

                 This measure would, in effect, reinstate the car tax  
                 for the people of San Francisco.  In fact, if the  
                 vehicle license fee increase proposed by this bill  
                 were enacted, the people of San Francisco could pay  
                 more than twice the amount to register their vehicles  
                 than anyone else in the state. 

                 As noted in my veto messages of prior years, I am not  
                 opposed to modest increases in fees if such increases  
                 are approved by the impacted voters and not addressed  
                 in a piecemeal fashion.  Although this bill requires  
                 voter approval, it impacts only one county. 



            C.   There used to be a local option

            Legislation in 1993 (AB 925 Burton) authorized the City and  
            County of San Francisco to levy a surcharge on the 2% VLF  
            for purposes of public transit financing so long as transit  
            fares are not increased. The fee would have required a 2/3  
            vote of the electorate.  It has never been enacted by the  
            City and County. At the time of its enactment it was  
            estimated that the surcharge could have yielded over $300  
            million for the City and County. However the potential fee  
            has effectively been voided due to a recent increase in  
            transit fares. 

            D.   VLF is deductible; costs are included

            Since the IRS considers the VLF to be in the nature of a  








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            property tax, the VLF is deductible for both federal and  
            state income tax purposes. So for those who itemize  
            deductions, up to 40% of the additional VLF would  
            effectively be borne by the state and federal governments  
            in the form of reduced income tax payments. The same would  
            be true of a local VLF such as that proposed by this bill.   
            

            The bill provides for reimbursing the General Fund for this  
            revenue loss from amounts collected. 

            E.   Vote requirements

            The California Constitution prohibits any local government  
            from imposing, extending, or increasing any "general tax"  
            unless and until that tax is submitted to the electorate  
            and approved by a majority vote. A special tax, in turn,  
            may only be imposed if that tax is approved by a two-thirds  
            vote of the local electorate.  The California Constitution  
            defines a general tax as any tax imposed for general  
            governmental purposes, while the term "special tax" is  
            defined as a tax imposed for specific purposes.  This bill  
            authorizes a county Board of Supervisors, by a two-thirds  
            vote, to place before the voters of the county, an  
            ordinance to levy a local assessment for general revenue  
            purposes.  As such, the ordinance only needs to be approved  
            by a majority of voters and does not require the  
            supermajority vote required for special taxes.


            Support and Opposition

                 Support:  California Communities United Institute

                       San Francisco Chamber of Commerce


                 Oppose:None Received



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            Consultant: Gayle Miller