BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 10
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      SB 10 (Leno) - As Amended:  July 8, 2009 

          Policy Committee:                             Revenue and  
          Taxation     Vote:                            6-2
                       Transportation                         9-5

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes counties to impose a vehicle license fee  
          upon approval of two-thirds of the board of supervisors and a  
          majority of local voters.  The bill also:

          1)Specifies that the assessment rate shall be equal to the  
            difference between the historical 2% state VLF rate and the  
            current statewide VLF rate. This would translate into a rate  
            of .85% in 2010 (the difference between 2% and the current  
            statewide rate of 1.15%), and 1.35% after May 2011 (when the  
            recently enacted 0.5% increase in the statewide rate expires.)  
            The local rate could vary in future years depending on  
            statewide rate increases. 

          2)Requires any county imposing an assessment to contract with  
            the Department of Motor Vehicles (DMV) to collect and  
            administer the fee and to pay DMV for its initial setup and  
            programming costs.

          3)Requires that a portion of local VLF taxes be transferred to  
            the GF to offset state revenue losses arising from the  
            deductibility of VLF payment on state income tax returns. The  
            transfers would be based on estimates made by the Franchise  
            Tax Board using information from the DMV regarding local VLF  
            payments.

          4)Becomes effective January 1, 2010, and the increases would  
            become operative when a majority of voters in a county approve  
            an ordinance passed by the Board of Supervisors imposing the  
            assessment. If voter approval occurs between January 1 and  








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            June 30, the bill would become operative on the following  
            January. If the approval occurs in an election between July 1  
            and December 31, the bill would be operative the next July 1.

           FISCAL EFFECT  

           1)Revenue Impacts  . The impact of this measure depends on how  
            many counties approve the VLF rate increase. As an  
            illustration, if all 58 counties adopted the increase to 2% in  
            July 2011:

             a)   Local VLF revenues would increase $3.8 billion annually  
               beginning in 2011-12.

             b)   The reduction in state personal income tax liabilities  
               (because of increased VLF itemized deductions on state  
               income tax returns) would be about $180 million beginning  
               in 2011-12. Under the bill, the GF would be reimbursed for  
               the losses arising from the increased VLF deductions, but  
               with a one year lag. Thus, the GF would experience a  
               one-time loss of about $180 million in 2011-12, and ongoing  
               reductions of about $10 million per year.

             c)   If just the City and County of San Francisco (the  
               sponsor) adopted this increase, the comparable effects  
               would be $43 million local revenue increase and a first  
               year GF revenue loss of $1.5 million.
           
             d)    Administration costs  . The DMV would incur one time  
               costs of up to $543,000 and ongoing costs of $112,000 to  
               administer the program. Up front costs would be reimbursed  
               by counties implementing the local VLF increase and ongoing  
               costs would be deducted from VLF assessments.

          2)Though the measure does not preclude the state from levying a  
            higher statewide VLF to help it address its budgetary  
            problems, its passage would make it more difficult to do so.  
            This is because, under the proposed funding mechanism, any  
            increase in state fees would result in an automatic reduction  
            in local VLF funds available to support local programs. 


           COMMENTS  

           1)Background  . Existing law imposes a VLF, which is in lieu of a  








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            personal property tax on California motor vehicles, at a rate  
            based on the taxable value of the vehicle. Historically since  
            2001, the VLF rate had been 0.65% of the depreciated value of  
            a vehicle, with the proceeds allocated to counties and used  
            for a variety of local purposes. Vehicles registered between  
            May 19, 2009 and June 30, 2011 are subjected to an additional  
            0.5% rate [ABx3 3 (Evans), Chapter 18, Statutes of 2009], for  
            a combined rate of 1.15%.  Of the 0.5% increase, 0.35% is  
            deposited in the state GF, and the remaining 0.15% is  
            dedicated to specific local public safety programs. After June  
            30, 2011, the rate is scheduled to revert to 0.65%.

           2)Rationale  . The proponents of this bill (the City and County of  
            San Francisco) state that counties face serious budget  
            deficits that threaten many vital health, welfare, and public  
            services. This bill is intended to provide local governments  
            and voters with an option for funding these local public  
            services.
           
          3)Opponents  of this bill (including the Alliance of Automobile  
            Manufacturers) object to (a) VLF increases that place the rate  
            further above the general property tax rate of 1%, and (b) the  
            use of higher VLF taxes for purposes unrelated to  
            transportation.

           4)Related legislation  . AB 1342 (Evans), introduced in the  
            current legislative session, authorizes counties, under  
            specified circumstances, to adopt a local PIT, a local VLF, or  
            both.  AB 1342 is pending in the Assembly Revenue and Taxation  
            committee. AB 1590 (Leno), introduced in the 2007-08  
            Legislative Session, and AB 799 (Leno), introduced in the  
            2005-06 Legislative Session, were similar to this bill, but  
            applied only to  the City and County of San Francisco.  AB  
            1590 was held in Senate Revenue and Taxation, and AB 799 was  
            vetoed by the Governor.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081