BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 598
          Author:   Hill (D)
          Amended:  6/29/15  
          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

           SENATE FLOOR:  35-0, 4/30/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock,  
            Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu,  
            McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen,  
            Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
           NO VOTE RECORDED:  Hernandez, Morrell, Runner, Vidak

           ASSEMBLY FLOOR:  79-0, 7/16/15 (Consent) - See last page for  
            vote

           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.




          Assembly Amendments move forward this bill's sunset date from  








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                                                                    Page  2



          January 1, 2026 to January 1, 2021, and made technical and  
          grammatical changes.  


          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 retailers must generally obtain a seller's  
            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, among others:


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


                 Qualified itinerant vendors,








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                 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.

          2)  Requires volunteer fire departments, in order to qualify for  
            consumer status, 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.









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          4)  Sunsets on January 1, 2021.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Assembly Appropriations Committee, SB 598  
          results in revenue losses of $42,000 annually.


          SUPPORT:   (Verified8/13/15)


          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:   (Verified8/13/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the author, " SB 598 is  
          the winner of my annual 'Ought to Be a Law Contest' winner.   
          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  
          sales tax.  SB 598 would simply exempt All-volunteer fire  
          departments from having to pay sales tax on their fundraising  








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          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.




          ASSEMBLY FLOOR:  79-0, 7/16/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Gordon


          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          8/13/15 13:52:33


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