SB 533, as amended, Pan. Cities and counties: sales and use tax agreements.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law. That law provides that for the purpose of a local sales tax adopted pursuant to that law, all retail sales are consummated at the place of business of the retailer unless otherwise specified.
Existing law prohibits a local agency, as defined to mean all cities and counties, from entering into any form of agreement with any other person that would involve the payment, transfer, diversion, or rebate of any amount of Bradley-Burns local taxbegin delete proceedsend deletebegin insert revenuesend insert for any purpose if the agreement
			 results in a reduction in the amount of revenue that is received by another local agency from a retailer that is located within the territorial jurisdiction of that other local agency, and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions, including an exception for an agreement to pay or rebate any Bradley-Burns local tax revenue relating to a buying company, as defined.
This bill would repeal that prohibition and instead prohibit, on or after January 1, 2016, a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local taxbegin delete proceedsend deletebegin insert revenuesend insert to any person, as defined, for any
			 purpose, if the agreement results in a reduction in the amount of Bradley-Burnsbegin insert localend insert taxbegin delete proceedsend deletebegin insert
			 revenuesend insert that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. This bill would also impose specified notification and reporting requirements on a local agency entering into an agreement that results in a reduction of the amount of Bradley-Burnsbegin insert localend insert taxbegin delete proceeds,end deletebegin insert revenues,end insert that in the absence of the agreement, would be received by another local agency, prior to the ratification of that agreement. This bill would also require any local agency to post such an agreement on its Internet Web site, including
			 any agreements entered into prior tobegin delete the effective date of this billend deletebegin insert January 1, 2016,end insert that are still in effect. By imposing these notification and reporting requirements on a local agency, this bill would impose a state-mandated local program. This bill would exclude from these provisionsbegin delete a local agency that has a mutual tax revenue sharing agreement with each local agency that would be affected by the form of agreement generally prohibited by these provisions.end deletebegin insert any mutual tax revenue sharing agreement between local agencies to pay, transfer, or divert Bradley-Burns local tax revenues to another local agency, and where the agreement would not result,
			 directly or indirectly, in the payment, transfer, diversion, or rebate of those tax revenues to a retailer.end insert
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 53084.5 of the Government Code is 
2repealed.
Section 53084.5 is added to the Government Code, to 
4read:
(a) On or after January 1, 2016, a local agency shall 
6not enter into any form of agreement that would result, directly or 
7indirectly, in the payment, transfer, diversion, or rebate of any tax 
8revenue resulting from the imposition of a sales and use tax under 
9the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 
101.5 (commencing with Section 7200) of Division 2 of the Revenue 
11and Taxation Code) to any person for any purpose when both of 
12the following apply:
13(1) The agreement results in a reduction in the amount of 
14revenue under the Bradley-Burns Uniform Local Sales and Use 
15Tax Law that, in the absence of the agreement, would be received 
16by another local
						agency.
17(2) The retailer continues to maintain a physical presence within 
18the territorial jurisdiction of that other local agency.
19(b) (1) A local agency entering into an agreement that results 
20in a reduction of the amount of revenue under the Bradley-Burns 
21Uniform Local Sales and Use Tax Law that, in the absence of the 
22agreement, would be received by another local agency shall post 
23the proposed agreement on its Internet Web site for at least 30 
24days prior to ratification or approval of that agreement by its 
25governing body.
26(2) A local agency entering into an agreement that results in a 
27reduction of the amount of revenue under the Bradley-Burns 
28Uniform Local Sales and Use Tax Law that, in the absence
						of the 
29agreement, would be received by another local agency shall notify 
30the other local agency by certified mail addressed to the attention 
31of the chief executive of that other local agency at least 60 days 
32prior to ratification or approval of that agreement by its governing 
33body.
34(3) A local agency shall post any agreement on its Internet Web 
35site it has entered into that results in a reduction of the amount of 
36revenue under the Bradley-Burns Uniform Local Sales and Use 
37Tax Law that, in the absence of the agreement, would be received 
38by another local agency, including any agreements entered into 
P4    1prior tobegin delete the effective date of this sectionend deletebegin insert January 1, 2016,end insert that are
2
						still in effectbegin insert on and after that dateend insert.
3(c) For the purposes of this section, the following
						terms have 
4the following meanings:
5(1) “Local agency” means a chartered or general law city, a 
6chartered or general law county, or a city and county, of this state.
7(2) “Person” means a person as defined in Section 6005 of the 
8Revenue and Taxation Code.
9(3) “Physical presence” means the lease or ownership of any 
10real property for the purpose of carrying on business operations.
11(4) “Retailer” means a retailer as defined by Section 6015 of 
12the Revenue and Taxation Code.
13(d) This section shall not apply to any agreement by a local 
14agency to pay or rebate any use tax revenue resulting from the 
15imposition
						of a use tax under the Bradley-Burns Uniform Local 
16Sales and Use Tax Law relating to a use tax direct payment permit 
17issued under Section 7051.3 of the Revenue and Taxation Code.
18(e) This section shall not be interpreted to limit the ability of a 
19local agency to contract with or otherwise enter into an agreement 
20pursuant to subdivision (b) of Section 7056 of the Revenue and 
21Taxation Code.
22(f) This section shall not apply tobegin delete a local agency that has a begin insert any mutual tax revenue sharing
						agreement between 
23mutual tax revenue sharing agreement with each local agency that 
24would be affected by the form of agreement prohibited by 
25subdivision (a).end delete
26local agencies to pay, transfer, or divert tax revenues that would 
27be received by a local agency resulting from the imposition of a 
28sales and use tax under the Bradley-Burns Uniform Local Sales 
29and Use Tax Law to another local agency, and where the 
30agreement would not result, directly or indirectly, in the payment, 
31transfer, diversion, or rebate of those tax revenues to a retailer.end insert
If the Commission on State Mandates determines that 
33this act contains costs mandated by the state, reimbursement to 
34local agencies and school districts for those costs shall be made 
35pursuant to Part 7 (commencing with Section 17500) of Division 
364 of Title 2 of the Government Code.
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