BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SB 582 (Knight)
          As Amended  August 13, 2013
          Majority vote 

           SENATE VOTE  :38-0  
           
           REVENUE & TAXATION  9-0         APPROPRIATIONS      17-0        
           
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          |Ayes:|Bocanegra, Dahle, Gordon, |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Harkey, Mullin, Nestande, |     |Bocanegra, Bradford, Ian  |
          |     |Pan,                      |     |Calderon, Campos,         |
          |     |V. Manuel Pérez, Ting     |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Holden, Linder,     |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
           ----------------------------------------------------------------- 

           SUMMARY  :  Requires, on or before January 1, 2015, the Franchise  
          Tax Board (FTB), the State Board of Equalization (BOE), and the  
          Employment Development Department (EDD) to conduct a feasibility  
          study on the development of a single Internet Web-based portal  
          that virtually consolidates the three agencies.  Specifically,  
           this bill  :   

          1)Require FTB, BOE, and EDD to do all of the following:

             a)   Collaborate and conduct a feasibility study for  
               developing a single Internet Web-based portal that  
               virtually consolidates the three agencies.

             b)   Submit the feasibility study to the Legislature, in  
               compliance with Government Code Section 9795, no later than  
               six months after completion.

             c)   Consider the California Tax Service Center Internet Web  
               site in the feasibility study.

             d)   Complete the feasibility study with existing agency  
               budgets.

             e)   Consolidate tax forms, applications, and other documents  
               to reduce or eliminate multiple submissions of the same  
               information by taxpayers if the three agencies determine  








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               that a need exist to improve cost-effective services and an  
               appropriation is made by the Legislature.

          2)Provides that the Internet Web-based portal shall allow  
            online, self-service access through a single logon for  
            taxpayers to do all of the following:

             a)   Electronically file returns, submit forms or other  
               information.

             b)   Remit amounts due, determine account balances and due  
               dates of taxes.

             c)   Identify the status of an appeal, claim for refund,  
               request for relief of interest or penalty, and any other  
               information the agencies deem helpful to the taxpayer to  
               assist the taxpayer in compliance with the state's tax  
               laws.

          3)Includes legislative findings and declarations relating to the  
            state tax administration and the development of a  
            taxpayer-focused system that virtually consolidates the BOE,  
            FTB, and EDD.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill has minor and absorbable costs to the  
          respective affected agencies for planning.  The affected  
          agencies are quick to point out they are already working to  
          identify opportunities to coordinate and collaborate.  However,  
          as these efforts progress, there are likely to be costs to  
          prepare a feasibility study and this could cost several hundred  
          thousand dollars.  In the future there are unknown, likely major  
          cost pressures to FTB, BOE, and EDD, potentially in the range of  
          $10 million, to make coordinated IT improvements to each  
          agency's independent systems to virtually consolidate the  
          agencies, providing self-service access with a single logon.   
          The bill states the work will be done within existing resources,  
          but that merely shifts cost pressure to other areas of the  
          agencies' budgets.

           COMMENTS  :   

           1)Author's Statement  :  The author has provided the following  
            statement in support of this bill:








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               Senate Bill 582 asks the [BOE], [FTB], and [EDD] to  
               conduct a feasibility study to consolidate tax  
               services into a single website.  The study will  
               investigate the most effective and cost-efficient  
               manner to develop a web-based portal that virtually  
               consolidates the agencies to enable online,  
               self-service access through a single logon for  
               taxpayers.  The study will also investigate the  
               consolidation of forms, applications, and other  
               documents.  The goal is to streamline filing  
               requirements by providing taxpayers with up-to-date  
               integrated access to accounts with all three tax  
               agencies.

           2)Arguments in Support  :  The sponsor states that "[t]he tax  
            paying process in California has become complex and difficult  
            to navigate for our taxpayers.  To obtain assistance and  
            comply with California's current tax laws, policies, and  
            procedures, many taxpayers interact with each of [the] three  
            agencies separately."  This bill will help provide a seamless  
            tax paying experience with all three agencies by laying the  
            foundation for a "single website with guidance in navigating  
            the complexities of payment and reporting obligations,  
            obtaining real time information pertinent to their individual  
            accounts, and receiving assistance to achieve optimum  
            compliance with California's complex tax system."  This bill  
            "would be an important step toward efficiency, both by more  
            effectively using tax dollars and in assisting the taxpayer in  
            more easily complying with California's complicated tax laws."

           3)Virtual vs. Actual Consolidation  :  The Legislative Analyst's  
            Office (LAO) has consistently argued that consolidation of  
            state tax agencies and functions would require the state to  
            incur significant implementation costs, with only possible  
            long-term savings.  Whether long-term savings will offset  
            those immediate costs is largely unknown.  The LAO, in its  
            report, concluded that "consolidation of the tax agencies'  
            payment and documentation processing activities could in the  
            medium to long term generate some annual cost savings and  
            interest earnings through elimination of duplicative functions  
            and increased efficiencies." Tax Agency Consolidation:  
            Remittance and Return Processing, LAO, January 2005.  However,  
            the state would have "to incur significant net costs in short  








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            term to achieve these savings."  Recognizing that having three  
            separate agencies creates confusion for some taxpayers, the  
            LAO report suggested that the state expand electronic filing  
            and processing.  In addition, the LAO recommended using  
            electronic filing and processing to achieve a "virtual  
            consolidation" of remittance and document processing.  The  
            report explained that, under this type of system, "taxpayers  
            could log onto a single website and through a series of menus,  
            be directed to the proper form which would allow them to file  
            their taxes or remit a payment."  The form, in turn, would be  
            automatically directed to the appropriate agency.

           4)The California Tax Service Center (CTSC) Web site  :  LAO's  
            virtual consolidation proposal was partly implemented through  
            the development of the CTSC Web site,  www.taxes.ca.gov  .  It  
            was established to simplify taxpayers' experience in complying  
            with state and federal tax laws.  The Web site is a result of  
            the "California Fed State Partnership," which consists of the  
            BOE, the EDD, and the FTB, and the Internal Revenue Service  
            (IRS).  It includes information on income, payroll, SUT, as  
            well as other taxes and fees.  Although the Web site provides  
            links to the appropriate forms, information, requirements, and  
            payment options located on the BOE's, FTB's, EDD's, and the  
            IRS' individual websites, it does not currently allow a  
            taxpayer to access the taxpayer's records at the BOE, EDD, or  
            FTB with one single logon.

           5)Related Legislation  :

            AB 833 (Harkey), introduced in the current legislative  
            session, requires the FTB, BOE, and EDD to conduct a  
            feasibility study on the creation of a single Internet  
            Web-based portal that virtually consolidates the three  
            agencies.  AB 833 is pending in the Senate Appropriations  
            Committee.

            SB 1326 (Harman), introduced in the 2011-12 legislative  
            session, would have required the FTB, BOE, and EDD to create a  
            single Internet Web-based portal that virtually consolidates  
            the three agencies.  SB 1326 was held under submission in the  
            Senate Appropriations Committee.

            AB 77 (Gorell), introduced in the 2011-12 legislative session,  
            would have consolidated the FTB, EDD, and the California  








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            Department of Insurance into the BOE.  This bill was never  
            heard in committee.

            SB 1133 (Runner), introduced in the 2009-10 legislative  
            session, was similar to AB 77.  SB 1133 was held under  
            submission in the Senate Revenue and Taxation Committee.


           Analysis Prepared by  :    Carlos Anguiano / REV. & TAX. / (916)  
          319-2098


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