BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1324
          Author:   Skinner (D), et al.
          Amended:  6/30/14 in Senate
          Vote:     21


           SENATE GOVERNANCE & FINANCE COMMITTEE  :  5-2, 6/18/14
          AYES:  Wolk, Beall, DeSaulnier, Hernandez, Liu
          NOES:  Knight, Walters

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Transactions and use taxes:  City of El Cerrito:   
          County of Contra Costa

           SOURCE  :     City of El Cerrito
                      Contra Costa County


           DIGEST  :    This bill allows the City of El Cerrito and Contra  
          Costa County to adopt an ordinance proposing the imposition of a  
          transactions and use tax that exceeds the 2% statutory  
          limitation.

           Senate Floor Amendments  of 6/30/14 are technical, deleting  
          incorrect cross-references and replacing them with correct  
          cross-references.  
           
           ANALYSIS  :    Existing law allows cities and counties to impose  
          additional sales and use taxes, called transactions and use  
          taxes, up to a combined 2% rate, with voter approval.  The tax  
          must be imposed in increments of 0.125%.
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          This bill:

          1.Allows the City of El Cerrito and Contra Costa County to adopt  
            an ordinance proposing the imposition of a transactions and  
            use tax for the support of citywide and countywide programs  
            and services, respectively, at a rate of no more than 0.50%  
            that, in combination with other specified taxes, exceeds the  
            2% statutory limitation.

          2.Requires counties to meet the following criteria before  
            imposing the tax: 

             A.   The ordinance proposing the transactions and use tax  
               must be adopted in accordance with the applicable voting  
               approval requirement;

             B.   The ordinance must be submitted to the electorate and be  
               approved by the voters pursuant to the California  
               Constitution, Article XIIIC on or after November 4, 2014,  
               and before January 1, 2022; and

             C.   The proposed tax must conform to current law and is  
               imposed on or after January 1, 2015.

          1.Finds and declares that a special law is necessary because of  
            the unique fiscal pressures experienced in the City of El  
            Cerrito and the County of Contra Costa in providing public  
            services.

           Comments

           Beginning April 1, 2014, there will be 178 local jurisdictions  
          (city, county, and special purpose entity) imposing a district  
          tax for general or specific purposes.  Of the 178 jurisdictions,  
          44 are county-imposed taxes and 134 are city-imposed taxes.

          Currently, the district tax rates vary from 0.10% to 1%.  The  
          combined state, local and district tax rates range from 7.625 to  
          9.50%, with the exception of the cities of La Mirada, Pico  
          Rivera, and South Gate (10%) in Los Angeles County.







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           Prior Legislation
           
          SB 566, (Scott, Chapter 709, Statutes of 2003) imposed the  
          uniform 2% cap for both cities and counties.  AB 2321 (Feuer,  
          Chapter 302, Statutes of 2008) expanded the cap for Los Angeles,  
          AB 1086 (Wieckowski, Chapter 327, Statutes of 2011) expanded the  
          cap for Alameda with a sunset.  AB 210 (Wieckowski, Chapter 508,  
          Statutes of 2012) extended the cap for Alameda and allowed  
          Contra Costa to adopt a similar ordinance.

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

           SUPPORT  :   (Verified  7/1/14)

          City of El Cerrito (co-source)
          Contra Costa County (co-source)
          City of El Cerrito City Manager, Scott Hanin
          El Cerrito Fire Department
          El Cerrito Police Department
          El Cerrito Public Works Department

           ARGUMENTS IN SUPPORT  :    According to the author, "The City of  
          El Cerrito was hit particularly hard by the recession and the  
          local economy is still struggling to recover.  As a result,  
          local property values have declined.  The sluggish economy,  
          diminished revenues from reduced property assessments, the loss  
          of redevelopment, store relocations, and other factors are  
          forcing the city to reduce services.  The County of Contra Costa  
          faces comparable financial struggles.  AB 1324 allows the  
          citizens of El Cerrito and Contra Costa to separately vote on a  
          sales tax increase in order to fund the level of service they  
          desire from their local governments."


          AB:e  7/1/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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