BILL NUMBER: AB 1324 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2014
AMENDED IN SENATE MAY 5, 2014
AMENDED IN ASSEMBLY MAY 2, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Skinner
(Coauthor: Senator Hancock)
FEBRUARY 22, 2013
An act to add and repeal Chapter 3.8 (commencing with Section
7293) of Part 1.7 of Division 2 of the Revenue and Taxation Code,
relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1324, as amended, Skinner. Transactions and use taxes: City of
El Cerrito. Cerrito: County of Contra Costa.
Existing law authorizes cities and counties, subject to certain
limitations and approval requirements, to levy a transactions and use
tax for general purposes, in accordance with the procedures and
requirements set forth in the Transactions and Use Tax Law, including
a requirement that the combined rate of all taxes that may be
imposed in accordance with that law in the county not exceed 2%.
This bill would authorize the City of El Cerrito,
Cerrito and the County of Contra Costa, if
certain requirements are met, each to impose a
separate transactions and use tax for general purposes at a
rate of no more than 0.5% that would, that,
in combination with other specified taxes, each would
exceed the combined rate limit.
These provisions would be repealed by their own terms on January
1, 2022, if the ordinance is not approved, as specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of El Cerrito.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.8 (commencing with Section 7293) is added to
Part 1.7 of Division 2 of the Revenue and Taxation Code, to read:
CHAPTER 3.8. LOCAL GOVERNMENT FINANCE IN THE CITY OF EL
CERRITO AND THE COUNTY OF CONTRA COSTA
7293. Notwithstanding any other law, the City of El Cerrito
and the County of Contra Costa each may impose a separate
transactions and use tax for general purposes at a rate of no
more than 0.5 percent that would, that,
in combination with all taxes imposed pursuant to Part 1.6
(commencing with Section 7251), each would exceed the
limit established in Section 7251.1, if all of the following
requirements are met:
(a) The city or county adopts an ordinance proposing
the transactions and use tax subject to any applicable voter approval
requirement.
(b) The city or county ordinance proposing the
transactions and use tax is submitted to the electorate of the
adopting city or county, as applicable, and is approved by the
voters voting on the ordinance as required by Article XIII C of the
California Constitution. The election on the ordinance proposing the
transactions and use tax may occur on or after November 4, 2014.
(c) The transactions and use tax conforms to the Transactions and
Use Tax Law, Part Law (Part 1.6
(commencing with Section 7251), 7251)),
other than Section 7251.1.
(d) The transactions and use tax is imposed on or after January 1,
2015.
(e) Notwithstanding subdivision (d), an ordinance proposing a
transactions and use tax pursuant to this section shall become
operative as provided in Section 7265.
7294. If, as of January 1, 2022, an ordinance proposing a
transactions and use tax has not been approved as required by
subdivision (b) of Section 7293, this chapter shall be repealed as of
that same date.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique fiscal and public service pressures being
experienced in the City of El Cerrito.
Cerrito and the County of Contra Costa.