BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                       AB 279


                                                                       Page A


          ASSEMBLY THIRD READING


          AB  
          279 (Dodd)


          As Introduced  February 11, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Revenue &       |6-3   |Ting, Dababneh,     |Brough, Patterson,    |
          |Taxation        |      |Gipson, Roger       |Wagner                |
          |                |      |Hernández, Mullin,  |                      |
          |                |      |Quirk               |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |16-1  |Gomez, Bigelow,     |Wagner                |
          |                |      |Bloom, Bonta,       |                      |
          |                |      |Calderon, Chang,    |                      |
          |                |      |Daly, Eggman,       |                      |
          |                |      |Gallagher, Eduardo  |                      |
          |                |      |Garcia, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Weber, Wood |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
           ------------------------------------------------------------------- 


          SUMMARY:  Expands the existing tax data-sharing program between  
          the Franchise Tax Board (FTB) and cities to include counties.   











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          Specifically, this bill:  


          1)Authorizes FTB to permit tax officials of any county to enter  
            into a reciprocal agreement with the FTB to obtain tax  
            information from the FTB, as specified. 


          2)Limits the information that may be furnished by the FTB to a  
            county to a taxpayer's name, address, Social Security or  
            taxpayer identification number, and principal business activity  
            code. 


          3)Specifies that a county is only authorized to receive  
            information related to taxpayers who operate within the  
            jurisdictional boundaries of the county or city and county and  
            report income from a trade or business to the FTB.


          4)Prohibits any person other than an employee of the taxing  
            authority of a county from receiving or using tax information  
            received from the FTB.    


          5)Requires the tax information to be utilized by a county in a  
            form and manner as required by the FTB in order to safeguard the  
            information. 


          6)Provides that the tax information furnished to tax officials of  
            a county is subject to Revenue and Taxation Code Section 19542,  
            which makes it a misdemeanor to disclose confidential tax  
            information.  Specifically, the information may only be used for  
            the county's or city and county's tax enforcement, or as  
            otherwise authorized by state or federal law.  


          7)Provides that any information, other than the limited type of  











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            tax information specified above, may be requested by a county's  
            tax officials by affidavit.  


          8)Requires a county that either assesses a business tax or  
            requires a business license to submit to FTB, upon request,  
            certain specified information collected by the county in the  
            course of administering its business tax or business license  
            program.  Also, requires a city to submit the same information  
            collected in the course of administering the city's business  
            license program.  This information shall be furnished to FTB at  
            a time and in the form that the FTB prescribes. 


          9)Provides that no reimbursement is required by this bill because  
            the only costs that may be incurred by a local agency or school  
            district will be incurred because this bill creates a new crime  
            or infraction, as provided. 


          10)Becomes effective and operative on January 1, 2016.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Minor and absorbable administrative costs to FTB.


          2)Estimated General Fund revenue gains of $80,000, $500,000, and  
            $800,000 in Fiscal Year (FY) 2015-16, FY 2016-17. 


          COMMENTS:  


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











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               AB 279 is a modest extension to an existing program.  By  
               granting approval for information sharing agreements  
               between the FTB and counties, counties will be able to  
               more efficiently collect back taxes.


          2)Arguments in Support.  According to the Humboldt County Board of  
            Supervisors and the California Association of County Treasurers  
            and Tax Collectors that, given "the inextricable financial ties  
            between counties and the state, it seems a logical and efficient  
            addition to the statute to permit county tax collectors and  
            their state counterpart to closely coordinate and share  
            information, so as to ensure timely, efficient and accurate tax  
            collection."  The proponents believe that the enhanced  
            information sharing between counties and the state "would be  
            mutually beneficial" and will "maximize tax collection dollars  
            from those taxpayers and businesses" that owe money either to  
            the state or a county."


          3)Program Background.  The current tax-sharing information program  
            authorizes the FTB to enter into agreements with cities to  
            exchange tax data.  As noted in the FTB's staff analysis of this  
            bill, these agreements can either require a city to reimburse  
            the FTB's costs for providing the data or allow for a waiver of  
            the FTB's costs if the city agrees to provide its tax data at no  
            cost to FTB.  Cities providing tax data to the FTB without also  
            receiving tax data from the FTB are required to be reimbursed by  
            the FTB at a maximum rate of $1 per usable record.  The FTB can  
            only provide tax information that contains an address within the  
            city's jurisdiction.  The information is limited, unless agreed  
            to otherwise, to the taxpayer's name, taxpayer's address,  
            taxpayer's Social Security or taxpayer identification number,  
            and the principal business activity.  The program on the  
            reciprocal sharing of tax information between the FTB and a  
            city's tax official was originally enacted by the Legislature in  
            2008 and subsequently extended until January 1, 2019.











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            FTB compiles information from many sources including employers,  
            financial institutions, and federal and state entities for  
            purposes of ensuring compliance with the state's income tax  
            laws.  When the FTB receives information indicating that a tax  
            return should be filed for a taxable year and has no record of a  
            return, the FTB may contact the taxpayer to request that the  
            taxpayer file a return or explain why no return is required.   
            When a taxpayer is required to file a return and fails to do so,  
            the FTB is authorized to assess tax based on reported and  
            estimated income from all available sources.  Additionally, FTB  
            may use data obtained from cities to ensure compliance with  
            state income tax requirements.  In turn, cities use data  
            obtained from the FTB to ensure compliance with city business  
            tax requirements.


          4)What Does This Bill Do?  This bill would extend the application  
            of the current tax-sharing information program, with all of the  
            existing requirements and limitations, to counties by  
            authorizing the FTB to enter into a reciprocal agreement with a  
            county or city or county.<1>  According to the author, counties  
            will use this information to identify delinquent taxpayers,  
            unclaimed property, and businesses that are located within the  
            county's jurisdiction.  In return, the FTB would receive  
            information identifying businesses that are licensed within the  
            counties.  This information, consistent with the existing  
            program, would include the names and residences of business  
            owners, federal employer identification numbers or Social  
            Security numbers, and industry classification codes.  This  
            county data arguably would help FTB to identify self-employed  
            individuals who are not filing required individual and business  
            entity income tax returns.  This bill would also require a city  
          ----------------------------
          <1>


           Currently, San Francisco is the only designed "city and county"  
          in California.










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            to share with the FTB additional information collected in the  
            course of the city's administration of its business license  
            program.
          5)The Reason for the Bill.  The author believes that this bill is  
            needed to help both counties and the FTB to collect delinquent  
            taxes from individuals and businesses.  Apparently, while not as  
            common, "many counties license businesses to operate in  
            unincorporated territory."  Similar to cities, those counties  
            are faced with a problem of identifying parties responsible for  
            paying the local business taxes.  According to the author, this  
            bill is needed to provide counties "with a defined methodology  
            to collect identifying information so that they may recover the  
            taxes."  The State would also benefit from the expanded  
            information sharing program by receiving additional information  
            regarding the businesses that are licensed by counties, and not  
            cities.  


          6)Increased Security Risk:  In July 2013, the Office of the  
            Attorney General released the first report detailing 131 data  
            breaches that occurred in 2012.  The breaches compromised the  
            personal information of 2.5 million Californians.<2>  Out of the  
            131 breaches, state government held responsibility for 8%.<3>  


            In October 2014, the Office of the Attorney General issued its  
            second report on data breach.  Thus, in 2013, Attorney General  
            Office received information on 167 data breaches, affecting  
            personal information of more than 18.5 million California  
            residents, constituting a 28% increase over the 131 breaches  
            reported in 2012.<4>  According to the report, errors were  
            responsible for 53 breaches or 18% of the total.  The government  
            ---------------------------


          <2> Data Breach Report 2012, Kamala D. Harris, Attorney General,  
          California Department of Justice, July 1, 2013.  
          <3> For example, the California Department of Social Services lost  
          a computer storage device containing information on 845,000  
          parents, children, and caregivers.  
          <4> Data Breach Report 2013, Kamala D. Harris, Attorney General,  
          California Department of Justice, October, 2014.








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            sector accounted for 19% of this type of breach.  


            The report recommends that the California Legislature consider  
            amending the breach notice law to strengthen the substitute  
            notice procedure, clarify the roles and responsibilities of data  
            owners and data maintainers, and require a final breach report  
            to the Attorney General.  The 2013 report also recommended that  
            government agencies and companies offer mitigation products like  
            credit monitoring services or a security freeze when such  
            incidents occur.  


          7)How is the Taxpayer Information Protected in the Existing  
            Program?  The FTB has maintained the integrity of taxpayer  
            information since the inception of the tax-sharing information  
            program.  Any improper usage or disclosure of this information  
            carries certain civil and criminal liabilities.  In 2013, the  
            Legislature modified the program to, among other things, create  
            additional safeguards to protect taxpayer information from  
            unauthorized disclosure.  Currently, every reciprocal agreement  
            must include provisions ensuring that taxpayer data is  
            safeguarded.  Thus, the city must complete and submit a  
            Safeguard Questionnaire to the FTB, ensure that the data is used  
            only for the tax administration within the city, and destroy the  
            data as mandated after three years.  In addition, only city  
            employees named in the confidentiality statement may have access  
            to the data and each of those employees must complete an annual  
            City Business Tax Disclosure training. 
            Expanding the number of entities and people eligible to receive  
            confidential taxpayer information, however, may increase the  
            likelihood of data breaches.  Even though certain penalties  
            apply to local cities and agents under current law, those  
            penalties do little for taxpayers who must spend time and money  
            rectifying actual and potential identity theft.   


          8)The Operative Date.  This bill will become operative and  
            effective on January 1, 2016.  Should it become law, the FTB  











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            will be able to start entering into reciprocal agreements with  
            counties on that date.


          Analysis Prepared by:                                               
                          Oksana Jaffe / REV. & TAX. / (916) 319-2098  FN:  
          0000353