BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2678


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          ASSEMBLY THIRD READING


          AB  
          2678 (Gray)


          As Amended , 2016


          2/3 vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Revenue &       |9-0  |Ridley-Thomas,        |                    |
          |Taxation        |     |Brough, Dababneh,     |                    |
          |                |     |Gipson, Mullin,       |                    |
          |                |     |O'Donnell, Patterson, |                    |
          |                |     |Quirk, Wagner         |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Agriculture     |7-0  |Dodd, Gallagher,      |                    |
          |                |     |Gray, Irwin,          |                    |
          |                |     |Jones-Sawyer, Quirk,  |                    |
          |                |     |Salas                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-0 |Gonzalez, Bloom,      |                    |
          |                |     |Bonilla, Bonta,       |                    |
          |                |     |Calderon, Daly,       |                    |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |








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          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Requires taxable sales and purchases within a  
          "state-designated fair" to be segregated on the Sales and Use  
          Tax (SUT) return and also mandates that 30% of the state's  
          General Fund SUT revenues derived from those segregated sales  
          and purchases be deposited in the Fair and Exposition Fund  
          (Fund).   Specifically, this bill:  


          1)Provides that, for purposes of the SUT Law, the return shall  
            segregate the seller's gross receipts and the property's sales  
            price when the place of sale or use in this state is within a  
            "state-designated fair" or any real property of a  
            "state-designated fair" leased to another party.  


          2)Defines a "state-designated fair" by reference to Business and  
            Professions Code (B&PC) Sections 19418, 19418.1, 19418.2, and  
            19418.3, excluding any fair located in the County of Los  
            Angeles.    


          3)Provides that notwithstanding any provision of the  
            Bradley-Burns Uniform Local SUT Law or the Transactions and  
            Use Tax Law, this bill shall not apply to any tax levied by a  
            county, city, or district pursuant to either of those laws.  


          4)Provides that, except as otherwise specified, 30% of all SUT  
            revenues, less refunds and costs of administration, that were  
            segregated shall be transferred to the Fund in the State  
            Treasury.  Specifically, the moneys shall be continuously  
            appropriated and allocated as provided in B&PC Section  
            19620.2.








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          5)Provides that any revenues deposited into the Fund under this  
            bill shall not be allocated to any fair located in the County  
            of Los Angeles.     


          6)Provides that any revenues deposited into the Fund under this  
            bill shall only be allocated to a state-designated fair if  
            nonmanagement employees at that fair, or nonmanagement  
            employees at any real property of that fair that is leased to  
            another party, are provided the following working conditions:


             a)   The employee receives a meal period of at least 30  
               minutes for a work period of more than five hours per day,  
               unless the work period per day of the employee is less than  
               six hours and the meal period is waived by mutual consent  
               of both the employer and the employee;


             b)   The employee receives a second meal period of at least  
               30 minutes for a work period of more than 10 hours per day,  
               unless the work period per day of the employee is less than  
               12 hours, the second meal period is waived by mutual  
               consent, and the first meal period was not waived;


             c)   Any work in excess of eight hours in one workday, any  
               work in excess of 40 hours in any one workweek, and the  
               first eight hours worked on the seventh day of work in any  
               one workweek is compensated at the rate of at least one and  
               one-half times the regular rate of pay for an employee; 


             d)   Any work in excess of 12 hours in one day is compensated  
               at the rate of at least twice the regular rate of pay for  
               an employee; and, 









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             e)   Any work in excess of eight hours on any seventh day of  
               a workweek is compensated at the rate of at least twice the  
               regular rate of pay for an employee.  


          7)Provides for the automatic sunset of this bill's provisions on  
            January 1, 2022.    


          EXISTING LAW:  


          1)Establishes the Fund.  The Fund is charged with, among other  
            things, allocating money to support the network of California  
            fairs.    


          2)Defines a state-designated fair as the California Exposition  
            and State Fair in the City of Sacramento and those fairs  
            specified in B&PC Sections 19418.1 (district agricultural  
            associations), 19418.2 (county fairs), and 19418.3 (citrus  
            fruit fairs) that may receive financial support or are  
            otherwise governed by B&PC Section 19400 et seq. (governing  
            horse racing).  These fairs are also collectively referred to  
            as the "network of California fairs."  


          3)Imposes a sales tax on retailers for the privilege of selling  
            tangible personal property (TPP), absent a specific exemption.  
             The tax is based upon the retailer's gross receipts from TPP  
            sales in this state.


          4)Imposes a complimentary use tax on the storage, use, or other  
            consumption of TPP purchased out-of-state and brought into  
            California.  The use tax is imposed on the purchaser, and  
            unless the purchaser pays the use tax to an out-of-state  
            retailer registered to collect California's use tax, the  








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            purchaser remains liable for the tax.  The use tax is set at  
            the same rate as the state's sales tax and must generally be  
            remitted to the State Board of Equalization (BOE).


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee: 


          1)BOE will incur minor administrative costs to notify affected  
            retailers, modify tax returns, prepare special forms, prepare  
            a special publication, and answer inquiries from taxpayers and  
            the general public.


          2)Ongoing annual General Fund revenue loss in the range of $17  
            million. 


          COMMENTS:  


          1)The author has provided the following statement in support of  
            this bill:


               AB 2678 will provide a stable and reliable source of  
               funding for California's fairs and offer much needed help  
               for specific fair-related purposes and projects on  
               fairgrounds.


               Over the past 75 years, there has been a designated funding  
               source for fairs from which the state has made significant  
               investments in promoting the business operations and  
               improving the infrastructure of California's fairs.   
               Without state funding, these properties will continue to  
               deteriorate and in their demise create public safety  
               issues.  The reality is that, through sales tax, the  








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               network of California fairs is currently a huge revenue  
               generator for the state of California.  Without funding to  
               maintain the infrastructure, what were once valuable state  
               assets may become state liabilities.  


          2)Committee Staff Comments


             a)   General background information:  The author notes that,  
               before 2009, license fees imposed on horse racing wagers  
               were deposited in the Fund which, in addition to supporting  
               the annual budget of the California Horse Racing Board,  
               also supplemented the income of the network of California  
               fairs.  SB 16 X2 (Ashburn), Chapter 12, Statutes of 2009,  
               in turn, shifted the horse racing industry's obligation to  
               fund fairs through license fees imposed on wagers to the  
               General Fund.  Specifically, SB 16 X2 provided an annual  
               continuous appropriation of $32 million from the General  
               Fund to support the network of California fairs.  This  
               change was done as part of a package of measures designed  
               to provide economic stimulus for the horse racing industry.  
                


               The author's office notes that, in fiscal year 2011-12,  
               fair funding at the state level was eliminated as part of a  
               package of budget cuts designed to address the state's  
               ongoing financial crisis.  The author notes, however, that  
               the 2016-17 budget "currently contains a $3 million  
               appropriation to support the network of California fairs  
               and a $4 million allocation for infrastructure needs at  
               fairgrounds."     


             b)   What would this bill do?  This bill requires taxable  
               sales and purchases within a state-designated fair to be  
               segregated on the SUT return and also mandates that 30% of  
               the state's General Fund SUT revenues derived from these  








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               segregated sales and purchases be deposited in the Fund.   
               Amounts deposited shall be continuously appropriated and  
               allocated as provided in B&PC Section 19620.2.  Section  
               19620.2, in turn, provides for the allocation of moneys for  
               capital outlay to California fairs for fair projects:


               i)     Involving public health and safety;


               ii)    Involving major and deferred maintenance;


               iii)   Necessary due to any emergency;


               iv)    Required by physical changes to the fair site; and, 


               v)     Required to protect the fair property or  
                 installation, such as fencing and flood protection.


               The money may also be used for the acquisition or  
               improvement of any property or facility that will serve to  
               enhance the operation of the fair.




          Analysis Prepared by:                                             
                          M. David Ruff / REV. & TAX. / (916) 319-2098   
          FN: 0003335














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