BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 464


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          Date of Hearing:  April 29, 2015 


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 464  
          (Mullin and Gordon) - As Amended April 6, 2015


          SUBJECT:  Transactions and use taxes:  maximum combined rate.


          SUMMARY:  Increases the countywide transactions and use tax  
          combined rate cap from 2% 


          to 3%, statewide.   
          FISCAL EFFECT:  None


          COMMENTS:   


          1)Bill Summary.  This bill increases the countywide transactions  
            and use tax combined cap from 2% to 3%.  Instead of addressing  
            the needs of each county and city on an individual basis as  
            the Legislature has done in the past, this bill will uniformly  
            increase the statutory cap for all counties and provide more  
            flexibility to local governments to raise revenue.  This bill  
            does not impact voter thresholds for specific or general  
            purpose transactions and use taxes in existing law, and voters  
            still have the final say in approving or voting down a local  
            transactions and use tax measure.  










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            This bill is sponsored by the San Mateo County Transportation  
            Authority.  


          2)Author's Statement.  According to the author, "Current law  
            allows cities and counties to impose transaction and use  
            taxes, also known as district taxes, at a rate of up to two  
            percent of total sales.  This cap is quickly reached when both  
            cities and counties impose their own district taxes.  It is  
            particularly problematic for counties because if one city  
            within a county has reached the cap, then the county is  
            precluded from raising additional district taxes.  Similarly,  
            cities that have already reached the cap are constrained when  
            seeking additional funding for programs and services over and  
            above the cap.  

            "The two percent cap was implemented more than a decade ago,  
            in 2003.  Since then, several bills have gone through the  
            Legislature to create individual exceptions to the cap.  Most  
            of these bills were eventually signed into law, begging the  
            policy question: If raising the cap is good for individual  
            jurisdictions, then should we consider simply lifting it  
            statewide?  This bill does exactly this, and as a result it  
            would not only make the policy statewide, but it would reduce  
            the amount of piecemeal one-off bills going through the  
            Legislature on the subject, saving state resources.  

            "Throughout California, districts are reaching the current  
            cap, and funding for services, including transportation,  
            education and public safety, is declining.  This bill gives  
            local jurisdictions the freedom to seek voter approval for  
            district tax increases by raising the cap from two to three  
            percent.  This bill grants local governing bodies, and the  
            people living within them, the much needed flexibility to  
            raise additional funds for important programs and services."  

          3)Transactions and Use Taxes.  Existing law authorizes cities  
            and counties to impose transactions and use taxes in 0.125%  
            increments in addition to the state's 7.5% sales tax provided  








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            that the combined rate in the county does not exceed 2%.   
            Transactions and use taxes are taxes imposed on the total  
            retail price of any tangible personal property and the use or  
            storage of such property when sales tax is not paid.  These  
            types of taxes may be levied as general taxes (majority-vote  
            required), which are unrestricted, or special taxes  
            (two-thirds vote required), which are restricted for a  
            specified use.  The Transactions and Use Tax law authorizes  
            the adoption of local add-on rates to the combined state and  
            local sales tax rate.  The law has been amended multiple times  
            to authorize specific cities, counties, special districts and  
            county transportation authorities to impose a transactions and  
            use tax, if voters approve the tax.  

            Prior to 2003, cities lacked the ability to place transactions  
            and use taxes before their voters without first obtaining  
            approval by the Legislature to bring an ordinance before the  
            city council, and, if approved at the council level, to the  
            voters.  This was remedied by SB 566 (Scott), Chapter 709,  
            Statutes of 2003.  SB 566 also contained provisions to  
            increase a county's transactions and use tax cap because of  
            the possibility that certain counties were going to run out of  
            room under their caps, if cities within those counties  
            approved transactions and use taxes.  

            Because of the interaction between city-imposed and  
            county-imposed transactions and use taxes, the concern that  
            counties will run into the 2% cap still applies today.   
            Currently, the Counties of Alameda, Contra Costa, Los Angeles,  
            and San Mateo have reached the 2% limit, and the Counties of  
            Marin, San Diego, and Sonoma are near the 2% limit. 

            According to the Board of Equalization, as of April 1, 2015,  
            there are 202 local jurisdictions (city, county, and special  
            purpose entity) imposing a transactions and use tax for  
            general or specific purposes.  Of the 202 jurisdictions, 48  
            are county-imposed taxes and 154 are city-imposed taxes.  Of  
            the 48 county-imposed taxes, 44 are imposed for special  
            purposes.  Of the 154 city-imposed taxes, 124 are general  








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            purpose taxes and 30 are special purpose taxes. 

          4)Exemptions to the 2% Cap.  The Legislature has previously  
            granted exemptions to the 
          2% statutory cap for transactions and use taxes to support  
            countywide transportation programs for Los Angeles, Alameda,  
            and Contra Costa counties.  
            
            AB 1086 (Wieckowski), Chapter 327, Statutes of 2011, allowed a  
            one-time exemption for Alameda County from the 2% transactions  
            and use tax combined rate cap.  AB 210 (Wieckowski), Chapter  
            194, Statutes of 2013, extended the authority for Alameda  
            County to adopt an ordinance imposing a transactions and use  
            tax from January 1, 2014, to December 31, 2020, and allowed  
            Contra Costa County to adopt an ordinance imposing a  
            transactions and use tax in the same manner as Alameda County.  
             

            SB 314 (Murray), Chapter 785, Statutes of 2003, originally  
            enacted provisions that authorized the Los Angeles County  
            Metropolitan Transportation Authority (MTA) to impose a 0.5%  
            transactions and use tax, not subject to the 2% cap for no  
            more than six and one-half years, for specific transportation  
            projects and programs.  The authority to put a tax measure on  
            the ballot was never used.  AB 2321 (Feuer), Chapter 302,  
            Statutes of 2008, modified those provisions to allow MTA to  
            impose a transactions and use tax for 30 years.  SB 767 (De  
            León), pending in the Senate Appropriations Committee, and AB  
            338 (Hernández), pending in the Transportation Committee,  
            would both authorize MTA to impose an additional countywide  
            0.5% transactions and use tax.

            Additionally, AB 1324 (Skinner), Chapter 795, Statutes of  
            2014, allowed the City of 
            El Cerrito to adopt an ordinance to impose a transactions and  
            use tax not to exceed 0.5% 
            for general purposes that would, in combination with other  
            taxes, exceed the statutory limit of 2%.  









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          5)Arguments in Support.  Supporters argue that this bill will  
            eliminate the piecemeal approach to exceeding the 2% cap and  
            will provide local agencies with another funding option so  
            they can provide high quality public services to their  
            residents.  

          6)Arguments in Opposition.  Opposition argues that this bill  
            increases the cost of doing business and imposes a regressive  
            tax on disadvantaged communities.  

          7)Double-Referral.  This bill was heard in the Revenue and  
            Taxation Committee on April 13, 2015, and passed with a 5-3  
            vote.  

          REGISTERED SUPPORT / OPPOSITION:




          Support


          San Mateo County Transportation Authority [SPONSOR]


          Alameda County Transportation Commission


          American Federation of State, County, and Municipal Employees


          California State Association of Counties


          California State Council of Laborers


          California Tax Reform Association









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          California Transit Association


          Metropolitan Transportation Commission


          Santa Clara Valley Transportation Authority  


          Self Help Counties Coalition


          Service Employees International Union




          Opposition


          Air Logistics Corporation


          California Manufacturers and Technology Association


          California Tank Lines, Inc.


          California Taxpayers Association


          Family Business Association


          Kern County Taxpayers Association










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          National Federation of Independent Business


          Orange County Business Council


          Orange County Taxpayers Association 


          Superior Tank Wash Inc. 


          West Coast Leasing, LLC


          West Coast Lumber & Building Material Association  




          Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958