BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 366 |Hearing |6/29/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Bonta |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |6/14/16 |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Bouaziz | |: | | ----------------------------------------------------------------- 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) | | AB 366 (Bonta) 6/14/16 Page 2 of ? | | | | |-------+--------------------+--------------------------------| | |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 AB 366 (Bonta) 6/14/16 Page 3 of ? 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 AB 366 (Bonta) 6/14/16 Page 4 of ? 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 AB 366 (Bonta) 6/14/16 Page 5 of ? 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. -- END --