BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2149


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2149 (Bonilla) - As Amended May 4, 2016


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          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  








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          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  








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            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.  








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            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. 








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          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081