BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 464|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 464
          Author:   Mullin (D) and Gordon (D), et al.
          Amended:  6/17/15 in Senate
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  4-2, 6/10/15
           AYES:  Hertzberg, Beall, Hernandez, Pavley
           NOES:  Nguyen, Moorlach
           NO VOTE RECORDED:  Lara

           ASSEMBLY FLOOR:  45-31, 5/14/15 - See last page for vote

           SUBJECT:   Transactions and use taxes:  maximum combined rate


          SOURCE:    Author


          DIGEST:  This bill increases the countywide transactions and use  
          tax combined cap from 2% to 3%.


          ANALYSIS:   


          Existing law:


          1)Authorizes cities and counties to impose local transactions  
            and use taxes.  

          2)Provides that the maximum combined rate of all transactions  
            and use taxes that may be levied by authorized entities within  








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            a county is 2%

          3)Provides that counties and cities may impose a transactions  
            and use tax for general purposes and special purposes at a  
            rate of 0.125%, or multiple thereof, if the ordinance imposing  
            the tax is approved by the required percentage of voters in  
            the city or county.  


          4)Exempts from the 2% cap the counties of Alameda, Contra Costa,  
            and Los Angeles.


          This bill:


          1)Increases the maximum combined rate of all transactions and  
            use taxes (district taxes) that may be levied by authorized  
            entities within a county from 2% to 3%.  


          2)Becomes effective January 1, 2016.


          3)Applies the new 3% cap to the exemptions in the counties of  
            Alameda, Contra Costa, and Los Angeles.


          Background


          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), which allowed cities and counties to impose  
          additional sales and use taxes, called transactions and use  
          taxes up to a 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.  

          In rare cases, the Legislature allows local agencies to exceed  







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          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.  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%.   

          In 2003, SB 314 (Murray, Chapter 785) enacted provisions that  
          authorized the Los Angeles County Metropolitan Transportation  
          Authority (MTA) to impose a 0.5% transaction 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 MTA's  
          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, 2015), pending in the Senate Floor,  
          and AB 338 (Hernández, 2015), pending in the Senate  
          Transportation and Housing Committee, both authorize MTA to  
          impose an additional countywide 0.5% transactions and use tax.  

          At the present time, the Counties of Alameda, Contra Costa, Los  
          Angeles, and San Mateo have reached the 2% limit.  The Counties  
          of Marin, San Diego, and Sonoma Counties are near the 2% limit  
          and the Cities of Albany, Hayward, San Leandro, Union City, La  
          Miranda, Pico Riviera, and South Gate are above the 2% limit.

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


          SUPPORT:   (Verified6/17/15)


          Alameda County Transportation Commission







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          American Federation of State, County, and Municipal Employees
          California State Association of Counties
          California State Council of Laborers
          California Tax Reform Association
          California Transit Association
          City/County Association of Governments of San Mateo County
          Marin County Board of Supervisors
          Metropolitan Transportation Commission
          MuniServices
          San Mateo County Transportation Authority
          Santa Clara Valley Transportation Authority
          Self Help Counties Coalition
          Service Employees International Union
          Transportation Authority of Marin


          OPPOSITION:   (Verified6/17/15)


          Air Logistics Corporation
          Alliance of Contra Costa Taxpayers
          California Manufacturers and Technology Association
          California Tank Lines, Inc.
          California Taxpayers Association
          Chemical Transfer Co.
          Family Business Association
          Kern County Taxpayers Association
          Monterey County Farm Bureau
          National Federation of Independent Business
          Orange County Business Council
          Orange County Taxpayers Association
          San Diego Tax Fighters
          Solano County Taxpayers Association
          Superior Tank Wash Inc.
          West Coast Leasing, LLC
          West Coast Lumber & Building Material Association  


          ARGUMENTS IN SUPPORT:     The proponents of this bill state that  
          in many communities "throughout the state, local agencies are  
          considering options for financing improvements in  
          infrastructure, parks, public safety, and other local programs."  
           However, many agencies "are precluded from considering the  
          option of an additional transactions and use tax due to the 2  







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          percent cap on the combined rate."  The proponents note that the  
          Legislature previously has considered "a number of measures that  
          offered limited exceptions to the two-percent cap in certain  
          California communities" and argue that perhaps "it is the  
          appropriate time to consider a broad increase in the  
          transactions and use tax cap."  The proponents also assert that  
          "the existing two-percent cap on local sales tax severely limits  
          local government's ability" to fund new and existing  
          transportation and other vital local services since "many  
          jurisdictions are already at or are near that threshold."   
          Increasing the cap from 2% to 3% "would provide local  
          governments throughout the state with more flexibility to use  
          sales tax measures as a strategy to support a growing scope of  
          local needs."  Finally, the proponents note that this bill  
          "gives local jurisdictions the freedom to seek voter approval  
          for a local tax increase with local accountability."


          ARGUMENTS IN OPPOSITION:     The opponents state that  
          "California already has the highest sales and use tax rate in  
          the country, with a combined minimum state and local sales tax  
          rate of 7.5 percent." Moreover, "local governments may impose  
          additional transactions (sales) and use taxes, known as district  
          taxes, generally capped at 2%."  The opponents argue that this  
          bill increases the cost of conducting business in California,  
          impose a regressive tax on disadvantaged communities.


          ASSEMBLY FLOOR:  45-31, 5/14/15
          AYES:  Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos,  
            Chau, Chiu, Chu, Cooley, Cooper, Dodd, Eggman, Frazier,  
            Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Roger Hernández, Holden, Jones-Sawyer, Levine,  
            Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Chávez, Dahle, Beth Gaines, Gallagher, Gatto, Grove, Hadley,  
            Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein,  
            Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Salas,  
            Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Alejo, Dababneh, Daly, Perea

          Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119







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          6/17/15 10:52:06


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