BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 366| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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% AB 366 Page 2 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 AB 366 Page 3 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) AB 366 Page 4 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 AB 366 Page 5 **** END ****