BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 366                           |Hearing    |6/29/16  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Bonta                            |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |6/14/16                          |Fiscal:    |No       |
           ------------------------------------------------------------------ 
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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                     Transactions and use taxes:  City of Alameda



          Allows the City of Alameda to adopt an ordinance proposing the  
          imposition of a transactions and use tax that exceeds the 2%  
          statutory limitation.


           Background 

           State law imposes a sales and use tax (SUT) on the sale,  
          storage, or use of tangible personal property unless exempted by  
          state law.  Cities and Counties may increase the SUT rate up to  
          2% as a transactions and use tax for either specific or general  
          purposes with voter approval as required by the California  
          Constitution.
                     
          The current state SUT is 7.5%, but beginning January 1, 2017,  
          the state SUT rate on tangible personal property will be 7.25%  
          and imposed as follows:

                   ------------------------------------------------------------- 
                  |       |                    |                                |
                  | Rate  |    Jurisdiction    |       Purpose/Authority        |
                  |       |                    |                                |
                  |-------+--------------------+--------------------------------|
                  |       |                    |                                |
                  |3.9375%|State (General      |State general purposes          |
                  |       |Fund)               |                                |







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                  |       |                    |                                |
                  |-------+--------------------+--------------------------------|
                  |       |Local Revenue Fund  |                                |
                  |1.0625%|2011                |Realignment of local public     |
                  |       |                    |safety services                 |
                  |       |                    |                                |
                  |-------+--------------------+--------------------------------|
                  |       |                    |                                |
                  | 0.50% |State (Local        |Local governments to fund       |
                  |       |Revenue Fund)       |health and welfare programs     |
                  |       |                    |                                |
                  |-------+--------------------+--------------------------------|
                  |       |                    |                                |
                  | 0.50% |State (Local Public |Local governments to fund       |
                  |       |Safety Fund)        |public safety services          |
                  |       |                    |                                |
                  |-------+--------------------+--------------------------------|
                  |       |                    |                                |
                  | 1.25% |Local (City/County) |                                |
                  |       |                    |                                |
                  |       |                    |                                |
                  |       |1.00% City and      |City and county general         |
                  |       |County              |operations.                     |
                  |       |                    |                                |
                  |       |0.25% County        |                                |
                  |       |                    |Dedicated to county             |
                  |       |                    |transportation purposes         |
                  |       |                    |                                |
                  |       |                    |                                |
                   ------------------------------------------------------------- 


           Transactions & Use Tax
           
          Existing law allows cities and counties to impose additional  
          sales and use taxes, called transactions and use taxes (TUT), up  
          to a combined 2% rate, with voter approval.  The tax must be  
          imposed in increments of 0.125%.  In rare cases, the Legislature  
          allows local agencies to exceed the 2% cap.  



           Proposed Law









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           Assembly Bill 366 allows the City of Alameda to adopt an  
          ordinance proposing the imposition of a transactions and use tax  
          for the support of citywide programs and services, at a rate of  
          no more than 0.50% that, in combination with other specified  
          taxes, exceeds the 2% statutory limitation.

          AB 366 requires the City of Alameda to meet the following  
          criteria before imposing the tax: 

                 The ordinance proposing the transactions and use tax  
               must be adopted in accordance with the applicable voting  
               approval requirement;

                 The ordinance must be submitted to the electorate and be  
               approved by the voters after January 1, 2017 and before  
               January 1, 2025; and,

                 The proposed tax must conform to current law. 

          AB 366 finds and declares that a special law is necessary  
          because of the unique fiscal pressures experienced in the City  
          Alameda.


           State Revenue Impact

           Assuming voters approve the tax authorized by the proposed law,  
          the Board of Equalization (BOE) estimates this bill would  
          generate approximately $4.1 million annually for the City of  
          Alameda


           Comments

           1.   Purpose of the bill.   According to the author, "The City of  
          Alameda is seeking the ability to submit to the voters in a  
          future election an increase in the sales and use tax rate up to  
          an additional .5%.  This could potentially take Alameda's tax  
          rate to 10%. The ability for Alameda to go to the voters with  
          this request is necessary because the city faces unique fiscal  
          pressures that warrant a tax increase.  Alameda is an island  
          city with specific needs related to its infrastructure, public  
          services, and proximity to the San Francisco Bay.  In order to  
          ensure that there is adequate time for the measure to be ready  








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          for the November 2018 election, there are many significant  
          milestones that need to be met to give the city a chance at  
          successfully passing the measure. "

          2.   Transactions and Use Tax Law.  Cities and counties are  
          authorized to impose additional TUT to the state's SUT rate,  
          subject to voter approval as required by the California  
          Constitution, which provides that general purpose taxes require  
          majority voter approval and taxes restricted for a specified use  
          require two-thirds voter approval.  According BOE, as of April  
          1, 2016, 4 of 48 county-imposed taxes are general taxes and 44  
          are special taxes, with 30 dedicated for transportation  
          purposes.  There are 157 city-imposed taxes: 127 general purpose  
          and 30 special purpose taxes.

          Generally, TUT may be imposed in 0.125% increments, up to a  
          total of 2% within the county.  However, the Legislature has  
          granted several exemptions to the 2% cap, subject to voter  
          approval, as local jurisdictions where both the county and  
          cities within the county impose TUT may otherwise easily exceed  
          the cap.  These jurisdictions include the City of El Cerrito,  
          County of Alameda, County of Contra Costa, County of San Mateo,  
          Transportation Agency for Monterey County, and the Los Angeles  
          Metropolitan Transportation Authority (MTA).

          3.   Existing cap.   SB 566 (Scott, 2003) imposed the uniform 2%  
          cap for both cities and counties, in response to at least five  
          bills a year seeking to impose the tax.  The cap set an upper  
          limit on the local rate, as California's sales and use tax rate  
          is very high relative to other states.  Last year, AB 464  
          (Mullin and Gordon) attempted to raise the cap to 3%, however,  
          Governor Brown vetoed the bill, stating:  

               "This bill would raise, on a blanket basis, the limit on  
               local transactions and use tax for all counties and cities  
               from two percent to three percent. Although I have approved  
               raising the limit for individual counties, I am reluctant  
               to approve this measure in view of all the taxes being  
               discussed and proposed for the 2016 ballot."

          4.   High rate.   Eight cities in California already impose the  
          highest sales and use tax rate in the state.  An additional 0.5%  
          in the City of Alameda will make nine cities with a double digit  
          sales and use tax rate.  Unfortunately, this will  








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          disproportionately impact low income individuals and families  
          that generally pay a higher percentage of their income in sales  
          and use tax.

          5.   Alameda County.   On November 4, 2014, 70.76% of Alameda  
          County voters approved an additional 0.50% TUT via Measure BB to  
          fund transportation improvements for 30 years, the first tax in  
          the county levied in excess of the 2% cap.  As such, Alameda  
          County is currently at its 2.5% countywide cap, which is why the  
          City of Alameda needs authorization to impose an additional TUT.

          6.   Prior Legislation.   AB 210 (Wieckowski, 2013), extended the  
          authority of Alameda County and authorized Contra Costa County,  
          until December 31, 2020, to impose TUT in excess of the 2%  
          countywide cap if approved by voters.

          7.  Special legislation.   The California Constitution prohibits  
          special legislation when a general law can apply (Article IV,  
          §16).  AB 366 contains findings and declarations explaining the  
          need for legislation that applies only to the City of Alameda.


           Assembly Actions

           Not relevant to this version of this bill.


           Support and  
          Opposition   (6/22/16)


           Support  :  City of Alameda.

           Opposition  :  California Taxpayers Association.



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