BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 366|
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                                   THIRD READING 


          Bill No:  AB 366
          Author:   Bonta (D) 
          Amended:  6/14/16 in Senate
          Vote:     21 

           PRIOR VOTES NOT RELEVANT

           SENATE GOVERNANCE & FIN. COMMITTEE:  5-2, 6/29/16
           AYES:  Hertzberg, Beall, Hernandez, Lara, Pavley
           NOES:  Nguyen, Moorlach

           SUBJECT:   Transactions and use taxes:  City of Alameda


          SOURCE:    Author


          DIGEST:  This bill allows the City of Alameda to adopt an  
          ordinance proposing the imposition of a transactions and use tax  
          that exceeds the 2% statutory limitation.


          ANALYSIS:  


          Existing law:


          1)Imposes a sales and use tax (SUT) on the sale, storage, or use  
            of tangible personal property unless exempted by state law.  


          2)Allows cities and counties to increase the SUT rate up to 2%  








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            as a transactions and use tax (TUT) for either specific or  
            general purposes with voter approval as required by the  
            California Constitution.


          3)Requires the local tax to be imposed in increments of 0.125%.


          This bill:


          1)Allows the City of Alameda to adopt an ordinance proposing the  
            imposition of a TUT 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.


          2)Requires the City of Alameda to meet the following criteria  
            before imposing the tax: 


             a)   The ordinance proposing the TUT must be adopted in  
               accordance with the applicable voting approval requirement;


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


             c)   The proposed tax must conform to current law. 


          3)Finds and declares that a special law is necessary because of  
            the unique fiscal pressures experienced in the City Alameda.


          Comments


          1)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  







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            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).


          2)Existing cap.  SB 566 (Scott, Chapter 709, Statutes of 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."


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/6/16)








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          Alameda Chamber of Commerce
          Alameda Firefighters Association
          Alameda Police Officers Association
          Alameda Unified School District
          City of Alameda 


          OPPOSITION:   (Verified7/6/16)


          California Taxpayers Association
          Howard Jarvis Taxpayers Association


          ARGUMENTS IN SUPPORT:     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  
          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. "


          ARGUMENTS IN OPPOSITION:     Opponents argue that this bill sets  
          a negative taxation precedent because it would create another  
          exemption from the existing 2% cap for local sales taxes.   
          Radically different tax rates across different counties can make  
          it more difficult for businesses to remain compliant with the  
          law.  Also, a sales tax increase is highly regressive, and  
          therefore it seems unwise to authorize additional tax increases.



          Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119
          7/29/16 10:48:58









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