BILL ANALYSIS Ó AB 2149 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2149 (Bonilla) - As Amended May 4, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill establishes the Medical Marijuana State Payment Collection Law, which allows the Board of Equalization (BOE) to collect cash from medical cannabis-related businesses on behalf AB 2149 Page 2 of specified state agencies. Specifically, this bill: 1)Allows the BOE to enter into an agreement with a state agency to collect cash payments for any fee, fine, penalty, or other charge payable to the agency by a medical cannabis-related business. 2)Specifies that "state agencies" that can contract with the BOE include the Department of Consumer Affairs (DCA), the California Department of Food and Agriculture (CDFA), the Department of Public Health (DPH), the Employment Development Department (EDD), the State water Resources Control Board (SWRCB), and the Franchise Tax Board (FTB). 3)Requires certain provisions to be included in the agreement between BOE and a state agency, as specified, including that BOE will be reimbursed for costs not to exceed 10% of the moneys collected. FISCAL EFFECT: 1)Costs of approximately $1.2 million for BOE to expand cash collection infrastructure and operations across district offices if BOE enters into an agreement with a state agency. This bill allows BOE to be reimbursed for up to 10% of the moneys collected. Since most cannabis-related fees have not yet been established, it is unknown whether this cap is sufficient to cover BOE costs. 2)Potential unknown, ongoing administrative cost savings to state agencies that otherwise would collect fee payments themselves. BOE, by being the primary point of cash collection, can specialize and develop procedures that apply AB 2149 Page 3 universally to collecting cash for different agencies. In contrast, each individual agency that imposes a fee on medical marijuana-related businesses would incur substantial costs to develop the infrastructure and security needed to collect cash payments. COMMENTS: 1)Purpose and background. Many medical marijuana-related businesses in California find it difficult to obtain banking services because of federal drug laws. At the same time, marijuana-related businesses in California must still find a way to remit sales taxes, income taxes, applicable government fines, and soon-to-be-determined licensing fees. AB 2149 attempts to solve this problem by authorizing the BOE to accept cash payments from marijuana-related businesses on behalf of other state entities that may not have the built-in infrastructure to handle large quantities of cash. 2)Centralizing cash collections. BOE raised a number of concerns about AB 2149 in its analysis of the introduced version of the bill. Specifically, accepting such large amounts of cash creates understandable safety concerns - both for the public and for BOE staff. If the BOE were to accept cash payments on behalf of other state agencies, these safety concerns would only be exacerbated. BOE also notes that in the event of disputes over fees or reimbursements, the agency's role is unclear. At the same time, centralizing cash collections so that multiple state agencies are not required to count and verify cash payments, purchase safes to store cash, contract with armored cars, employ armed guards, and install new or additional surveillance, may result in additional efficiencies and result in overall state savings. AB 2149 Page 4 For example, CDFA is expected to incur additional costs of approximately $215,000 in FY 2016-17 and $380,000 annually thereafter to develop and maintain cash-collection processes and to ensure safety of licensees and staff. These costs would instead be replaced by the costs of reimbursing BOE, which would be established by an agreement with the two agencies. 3)The BOE's current policy on cash payments. The BOE notes that, since early 2014, all of its field offices have stopped accepting cash from taxpayers attempting to pay their SUT liabilities. This "No Cash Policy" was implemented both to reduce administrative costs and to ensure the safety of BOE employees. The BOE does allow an exception, however, when a taxpayer demonstrates that it is unable to obtain a bank account. According to the Assembly Revenue and Taxation Committee staff analysis of this bill, this exception is mainly applied to marijuana dispensaries. As a result, certain BOE district offices receive hundreds of thousands of dollars in cash payments from medical marijuana-related businesses already. 4)Who goes first? Under AB 2149, BOE can enter into an agreement that allows BOE to be reimbursed for up to 10% of the money it collects on behalf of another agency. However, the initial costs to collect on behalf of another agency will be substantial. One unresolved question is whether a state agency would enter into an agreement if they are reimbursing for those initial upfront costs. 5)Related legislation. AB 821 (Gipson) would authorize the BOE, until January 1, 2022, to allow medical marijuana dispensaries to remit tax liability due in a method other than an electronic funds transfer. AB 821 is currently pending hearing by the Senate Committee on Governance and Finance. AB 2149 Page 5 Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081