BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 279| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 279 Author: Dodd (D) Introduced:2/11/15 Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 6/17/15 AYES: Hertzberg, Beall, Hernandez, Lara, Moorlach, Pavley NOES: Nguyen SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 67-9, 5/14/15 - See last page for vote SUBJECT: Tax administration: disclosure of information: Franchise Tax Board and cities and counties SOURCE: Author DIGEST: This bill extends the state-local tax information sharing program (program) to counties, and to a city and county. ANALYSIS: Existing law: 1)Prohibits disclosure or inspection of any income tax return information, and applies criminal sanctions, including imprisonment, to Franchise Tax Board (FTB) personnel convicted of unlawful disclosure or inspection of tax records. 2)Allows city tax officials to obtain state income tax information subject to a written agreement between FTB and the AB 279 Page 2 taxing authority of a city to assist in enforcing its business license taxes, but required cities to pay FTB's costs (AB 63, Cedillo, Chapter 915, Statutes of 2001). 3)Provides that cities could offset the cost by entering into a reciprocal agreement with FTB to share its business license tax information. (SB 1146, Cedillo, Chapter 345, Statutes of 2008). 4)Sunsets the program on January 1, 2019 (SB 211, Price, Chapter 513, Statutes of 2013). 5)Limits, under the program, information that FTB can share to a taxpayer's name, address, social security or taxpayer identification number, and business activity code. 6)Allows city officials to request additional information by affidavit, so long as they notify the person whose information is the subject of the request, and provide them a copy of the affidavit. 7)Limits the use of tax information provided to the city solely to city officials, and only for tax collection purposes. 8)Requires, as a condition of participation, city officials to: a) Complete a data exchange security questionnaire before the data exchange, b) Direct tax officials to agree to on-site reviews from FTB as a condition of participation, c) Complete FTB disclosure training, and d) Have all employees who receive the information sign a confidentiality statement acknowledging their awareness of data security requirements, and penalties for unlawful disclosure. 9)Requires city tax officials to notify FTB within 24 hours of any suspected instance of unlawful inspection or disclosure, and destroy an individual record in a manner to make them unreadable and unusable. AB 279 Page 3 This bill extends the state-local tax information sharing program to allow a county, and a city and county, to enter into a reciprocal agreement to share tax information with FTB. Comments 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. The city must complete and submit a Safeguard Questionnaire to the FTB to 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. FTB states that it currently has a reciprocal agreement with 102 cities in California, which costs $718,000 annually. The following cities reported the following revenue amounts due to the program: City of Los Angeles ($13.9 million) City of San Diego ($1.1 million) City of Newport Beach ($360,000) City of Oakland ($260,000) City of Menlo Park ($172,000) City of Concord ($154,000) City of Sunnyvale ($131,000) FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified7/1/15) California Association of County Treasurer-Tax Collectors California State Association of Counties AB 279 Page 4 El Dorado County Board of Supervisors Humboldt County Board of Supervisors Mono County Board of Supervisors Rural County Representatives of California OPPOSITION: (Verified7/1/15) None received ARGUMENTS IN SUPPORT: According to the author, 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. ASSEMBLY FLOOR: 67-9, 5/14/15 AYES: Achadjian, Alejo, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins NOES: Travis Allen, Baker, Brough, Beth Gaines, Grove, Harper, Kim, Mayes, Wagner NO VOTE RECORDED: Dahle, Patterson, Waldron, Wilk Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119 7/1/15 16:37:20 **** END **** AB 279 Page 5