BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 598|
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                                   THIRD READING 


          Bill No:  SB 598
          Author:   Hill (D)
          Amended:  4/15/15  
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 4/8/15
           AYES:  Hertzberg, Nguyen, Bates, Beall, Hernandez, Lara, Pavley

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8
           
           SUBJECT:   Sales and use taxes:  consumer designation:  all  
                     volunteer fire department


          SOURCE:    Author


          DIGEST:  This bill designates volunteer fire departments as  
          consumers under the Sales and Use Tax Law.


          ANALYSIS:   


          Existing law:


          1)Imposes the sales tax on every retailer engaged in business in  
            this state that sells tangible personal property, and requires  
            them to collect the appropriate tax from the consumer at  
            purchase.  Sales tax applies whenever a retail sale is made,  
            unless it is a resale in the regular course of business.  


          2)Provides that, generally, retailers must obtain a seller's  








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            permit, and report to the Board of Equalization (BOE) any  
            sales tax collected from purchasers quarterly on a return.   
            Nonprofits, public agencies, and charities are generally  
            treated the same way as any other retailer, and don't have  
            blanket exemptions from collecting and remitting the tax,  
            unless otherwise exempted.  


          3)Designates certain sellers as "consumers," meaning that the  
            law considers the tax paid when they purchase property, and  
            the seller neither obtains a permit, nor collects the tax from  
            the purchaser at sale before remitting to BOE. 


          4)Specifies that "consumers" include:


                 Licensed medical and veterinary professionals dispensing  
               specified products during the course of performing  
               professional services,


                 Qualified itinerant vendors,


                 The Department of Transportation's leases and sales of  
               automobiles, and


                 Nonprofit organizations that intermittently or  
               irregularly sell food, nonalcoholic beverages, and other  
               property made by the organization's members.


          This bill:


          1)Designates volunteer fire departments as consumers under the  
            Sales and Use Tax Law for all its sales of tangible personal  
            property, so long as its profits are solely and exclusively  
            used to further the department's purposes.









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          2)Requires volunteer fire departments, in order to qualify, to:


             a)   Pay its members hourly or per incident, not with a  
               regular salary,


             b)   Have as its purpose the protection of life, property,  
               and the environment within a designated geographic area  
               from fires, disasters, and emergency incidents through  
               education, prevention, training, and emergency response,


             c)   Be organized as a tax exempt organization for state and  
               federal purposes, and


             d)   Meet the definition of "volunteer fire department," used  
               in the welfare exemption from property tax.   


          3)Provides that consumer treatment does not apply to volunteer  
            fire departments with more than $100,000 in receipts from the  
            sale of tangible personal property in each of the last two  
            calendar years.


          4)Sunsets on January 1, 2026.  


          Background 

          Many parts of California rely on volunteer fire departments to  
          provide fire prevention and emergency response, especially in  
          rural areas.  These departments are mostly comprised of  
          residents who voluntarily band together to provide these vital  
          public services, and many have grown over time into present day  
          fire districts.  A volunteer fire department is currently  
          eligible for the welfare exemption from property tax for  
          property it owns that's used for departmental purposes.  While  
          some districts are funded and overseen by counties, many  








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          districts must solicit donations and sell items at fundraisers.   
          However, selling property in California requires registering  
          with BOE, and collecting and remitting a tax, which can be a  
          burden for districts that must provide services with less  
          administrative support than larger agencies.  Formed in 1950,  
          the La Honda Volunteer Fire Brigade wants volunteer fire  
          departments added to the list of "consumers," thereby removing  
          requirements the Sales and Use Tax Law places on retailers.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified4/29/15)


          Ben Lomond Fire Protection District
          Butte Valley Fire Protection District
          California Fire Chiefs Association
          California State Firefighters' Association
          County of San Mateo
          Fire District Association of California
          La Honda Fire Brigade
          Pliocene Ridge Community Services District
          Wildland Residents Association


          OPPOSITION:   (Verified4/29/15)


          None received


          ARGUMENTS IN SUPPORT:  According to the author, "All volunteer  
          fire departments across the state solely rely on fundraisers to  
          buy lifesaving equipment. The La Honda Fire Brigade in my  
          district is no different.  Their livelihood relies exclusively  
          on volunteers, from the 14 individuals who serve as  
          firefighters, to the board members who organize fundraising  
          efforts like the annual pancake breakfast and crab cioppino  
          dinner.  Unfortunately any fundraisers dealing with selling  
          hot/prepared food or tangible goods are subject to California  








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          sales tax.  SB 598 would simply exempt All-volunteer fire  
          departments from having to pay sales tax on their fundraising  
          efforts.  All of the money raised would be able to stay with  
          them.  If they are able to raise $1000 at a pancake breakfast -  
          they will keep the full $1000 and not have to send $92.50 (San  
          Mateo County has a sales tax rate of 9.25%) to the State.   
          Everyday these volunteers put their lives on the line and  
          provide an important resource to the communities they serve.  We  
          should help them any way we can and allowing them to keep all of  
          their fundraising dollars is an important first step."


          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          4/29/15 16:07:42


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