BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 464| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 464 Page 2 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 AB 464 Page 3 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 AB 464 Page 4 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 AB 464 Page 5 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 AB 464 Page 6 6/17/15 10:52:06 **** END ****