BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1112
          Author:   Ammiano (D)
          Amended:  9/11/13 in Senate
          Vote:     21


          PRIOR VOTES NOT RELEVANT


           SUBJECT  :    Transportation transactions and use taxes: Bay Area

           SOURCE  :     Author


           DIGEST  :    This bill deletes the 1% limitation on the combined  
          local sales tax rate under the Bay Area County Traffic and  
          Transportation Funding Act.

           ANALYSIS  :    Existing law, under the Public Utilities Code,  
          creates the Bay Area County Traffic and Transportation Funding  
          Act (Act) which authorizes the formation of county  
          transportation authorities in each of the 9 Bay Area counties,  
          and provides for the imposition of a retail transaction and use  
          tax of either 1/2 of 1% or 1%, subject to voter approval, with  
          revenues to be used for various transportation purposes.  The  
          Act, however, caps the total rate of tax that may be imposed in  
          a county under these provisions and under the Transactions and  
          Use Tax Law to 1%.

          Existing law, under the Revenue and Taxation Code Section  
          7251.1, caps the combined local sales tax rate for other local  
          entities at 2%.

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                                                                    AB 1112
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          This bill would delete the 1% combined local sales tax rate  
          under the Act.

           Comments
           
          The San Francisco County Transportation Authority (SFCTA) is  
          based on the statutory process found in Division 12.5 of the  
          Public Utilities Code (County Traffic and Transportation Funding  
          in the Nine-County San Francisco Bay Area, commencing with PUC  
          131000) for the authorization to seek successful voter approval  
          of its local sales tax program, known as "Prop K".

          The Authority is presently working in concert with the City and  
          County to develop potential funding options for consideration in  
          the coming year, and in undertaking the research to support this  
          effort have found this cap to be too limiting.

          Other local county agencies operating a local, voter approved  
          sales tax are subject to a total local sales tax "cap" of 2%.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  9/12/13)

          City of San Francisco
          County of San Francisco
          San Francisco County Transportation Authority

           ARGUMENTS IN SUPPORT  :    According to the author, San  
          Francisco's unique geography and population have led to some of  
          the most intensive transportation needs in California.  At the  
          same time, an archaic piece of code limits the SFCTA's ability  
          to use sales tax revenue.  While Revenue and Taxation Code  
          allows an overall local sales tax cap of 2%, an older 1986 code  
          limits the SFCTA under a cap that is only 1% - half the revenue  
          potential.  That restriction doesn't apply to other authorities.  
           AB 1112 would simply remove one subsection of the outdated  
          code, so that SFCTA would have the same cap as other  
          transportation authorities.  This does not raise any taxes, but  
          merely allows the authority to ask voters for approval of new  
          tax programs.









                                                                    AB 1112
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          JA:ej  9/12/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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