BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 279|
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                                   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  








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            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.








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          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







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          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


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