BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1324| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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%. CONTINUED AB 1324 Page 2 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. AB 1324 Page 3 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 **** END **** AB 1324 Page 4