BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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          |SENATE RULES COMMITTEE            |                        AB 106|
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                                    THIRD READING


          Bill No:  AB 106
          Author:   Assembly Budget Committee
          Amended:  9/5/13 in Senate
          Vote:     21


           SENATE BUDGET & FISCAL REVIEW COMMITTEE  :  10-5, 9/9/13
          AYES:  Leno, Beall, Block, DeSaulnier, Hancock, Hill, Jackson,  
            Monning, Roth, Torres
          NOES:  Emmerson, Anderson, Berryhill, Nielsen, Wyland
          NO VOTE RECORDED:  Wright

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Revenue and Taxation, General Government, and Public  
          Safety

           SOURCE  :     Author


           DIGEST  :    This bill makes technical and clarifying changes to  
          tax incentive programs that are scheduled to change effective  
          December 31, 2013, by expanding the ability to claim certain  
          credits for sales taxes paid by businesses; clarifies the  
          designation of census tracts that would be eligible for the new  
          hiring tax credit, specifies the make-up of the California  
          Competes Tax Credit Committee (Committee); and makes technical  
          changes in laws related to public safety and allocations for law  
          enforcement activities.

           ANALYSIS  :    This bill makes changes and clarifications to  
          existing law:
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          1.Allows for an income tax credit, equivalent to the sales tax  
            paid on qualified capital equipment, to be claimed if the  
            equipment is purchased prior to the end of the calendar year  
            and placed in service prior to January 1, 2015, and provides  
            other clarifications to existing enterprise zone tax credits.   
            Under existing law, businesses located in enterprise zones,  
            and/or certain other targeted tax areas, are allowed to claim  
            the credit if the purchase is made and the equipment is placed  
            into service prior to the end of the calendar year ending  
            December 31, 2013.

          2.Provides clarification to provisions related to the  
            designation of eligible census tracts for purposes of the  
            hiring credit.  The hiring credit recently enacted by the  
            Legislature is available to businesses located in certain  
            census tracts of high unemployment and poverty rates.

          3.Specifies that the Director of the Governor's Office of  
            Business and Economic Development serves as Chair of the  
            Committee, and that Senate and Assembly appointees may not be  
            members of the Legislature.  The Committee is authorized to  
            award specified tax credits according to written agreements  
            between taxpayers and the state.

          4.Expands the definition of "remote interest" so that  board or  
            commission members that were members of a 501(c)(5) will still  
            be required to recuse from voting on issues that they may have  
            a remote interest in, but will not be in violation of state  
            conflict of interest code.

          5.Updates the Enhancing Law Enforcement Activities Subaccount  
            allocation percentages to ensure that all funds ($489.9  
            million) are allocated as intended.

          6.Removes the requirement that counties collect information on  
            the number of felons who would have been subject to certain  
            sentencing provisions if felony probation had not been  
            granted.  SB 75 (Senate Budget and Fiscal Review Committee,  
            Chapter 31, Statutes of 2013) required counties to provide  
            this data in order to be eligible for certain grant monies.   
            However, counties are not otherwise required to collect this  
            information.  If this requirement is not removed, numerous  
            counties would be ineligible for grants provided pursuant to  

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            SB 678 (Leno and Benoit, Chapter 608, Statutes of 2009) and SB  
            75.

          7.Extends the sunset date for the Juvenile Interstate Compact  
            from July 1, 2014 to July 1, 2016.  The Juvenile Interstate  
            Compact ensures the supervision of juvenile offenders placed  
            outside of California.

          8.Includes an appropriation of $100,000 from the General Fund to  
            the Governor's Office of Economic Development to provide staff  
            support for the Committee.


           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Budget and Fiscal Review Committee,  
          Regarding the provisions related to enterprise zone tax credits,  
          these revenue effects were incorporated in the estimates for AB  
          93 (Assembly Budget Committee, Chapter 69, Statutes of 2013) and  
          SB 90 (Galgiani, Chapter 70, Statutes of 2013), both adopted by  
          the Legislature in June of this year.  Department of Finance  
          (DOF) therefore indicates that these provisions of the bill have  
          zero revenue impact relative to the 2013 Budget Act revenue  
          baseline.  According to DOF, a preliminary analysis indicates  
          that if the bill is not enacted, additional revenues of  
          approximately $20.0 million would be received as a result of  
          increased income tax liabilities.


          JA:ej  9/10/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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