BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 3XXX|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 3XXX
          Author:   Evans (D)
          Amended:  2/14/09 in Senate
          Vote:     27 - Urgency

           
          WITHOUT REFERENCE TO COMMITTEE OR FILE

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    State budget:  revenue and tax provisions

           SOURCE  :     Author


           DIGEST  :     Senate Floor Amendments  of 2/14/09 delete the  
          prior version of the bill expressing the intent of the  
          Legislature to make statutory changes relating to the  
          Budget Act of 2008.  

          This bill now provides the necessary statutory changes in  
          the area of taxation to implement the 2009-10 Special  
          Session budget agreement.

           ANALYSIS  :    

           Specifics of AB 3XXX

           1. Increases, temporarily, the rate of the General Fund  
             portion of the state sales and use tax by one percent --  
             from the current rate of five percent to a rate of six  
             percent.  The increase would be effective starting April  
                                                           CONTINUED





                                                               AB 3XXX
                                                                Page  
          2

             1, 2009.  The rate increase will sunset on June 30 of  
             either 2011 (approximately two years) or 2012  
             (approximately three years), the latter if the voters  
             approve the proposed Budget Stabilization constitutional  
             amendment. 

          2. Increases, temporarily, the rate of the vehicle license  
             fee (VLF) from the current rate of 0.65 percent to a  
             rate of 1.15 percent, except for commercial vehicles  
             with a gross weight of 10,000 pounds or more. Revenue  
             from the portion of the increase from 0.65 percent to  
             one percent will be retained by the General Fund ($121  
             million in 2008-09 and $1.2 billion in 2009-10) and  
             revenue from the additional increase of 0.15 percent  
             will be transferred to a newly created Local Safety and  
             Protection Account, which is continuously appropriated  
             for specific local public safety programs ($82 million  
             in 2008-09 and $502 million in 2009-10).  The VLF rate  
             increase will become effective for registrations  
             beginning May 19, 2009 (corresponding to the timing of a  
             weekly VLF billing cycle) and expire June 30, 2013, if  
             the voters approve the proposed Budget Stabilization  
             constitutional amendment.  
          If the voters reject the amendment, both components of the  
             rate increase will expire two years sooner -- June 30,  
             2011.  Starting in 2010, the Director of the Department  
             of Finance must determine by January 10 and upon  
             enactment of the annual budget, whether any of the money  
             derived from the 0.15 percent rate component have been  
             allocated by the state for other purposes.  In the event  
             of an affirmative determination, collection of the 0.15  
             percent rate component would be suspended until the  
             Director determines that the purpose of the allocations  
             has been restored.

          3. Increases the motor vehicle fuel and diesel fuel excise  
             tax by 12 cents per gallon -- from 18 cents per gallon  
             to 30 cents per gallon.  The higher tax rate would be in  
             effect for a period of 51 months -- from April 1, 2009,  
             through June 30, 2013.  However, the higher tax rate  
             would end two years earlier (June 30, 2011) if the  
             voters reject the Budget Stabilization constitutional  
             amendment.  This bill also imposes an equivalent  
             one-time 12-cent-per-gallon tax on tax-paid fuel already  

                                                           CONTINUED





                                                               AB 3XXX
                                                                Page  
          3

             in the distribution chain on April 1 in order to fully  
             apply the tax rate to all fuel sold on and after that  
             date.  Motor vehicle fuel excise tax revenue is subject  
             to the spending restrictions of Article XIX of the  
             California Constitution, and may only be used for  
             eligible transportation expenditures.  Expenditure of  
             the new fuel excise tax funds is specified in associated  
             legislation that amends the 2008 Budget Act and enacts  
             the 2009-10 Budget Act.  That associated legislation  
             directs most of the new revenue in 2008-09 and 2009-10  
             to General Fund relief through reimbursement to the  
             General Fund for transportation-related general  
             obligation bond debt-service costs.  This bill limits  
             expenditure of the new excise tax revenues for General  
             Fund benefit (via debt service reimbursement) to 90  
             percent of funds in 2008-09 and 2009-10 and to 50  
             percent of funds thereafter.  This bill specifies that  
             any funds transferred for General Fund debt service  
             reimbursement shall only be used for that purpose and  
             shall be retained in the debt service holding account  
             until used for that purpose.

          4. Rolls back the dependent credit amount under the  
             personal income tax (PIT).  Currently, taxpayers are  
             allowed a non-refundable personal credit of $99 (which  
             applies to the taxpayer and their spouse or domestic  
             partner if filing a joint return) and a dependent credit  
             of $309 (for children and other dependents) on their tax  
             returns for 2008.  These credits are phased out for high  
             income taxpayers, and are indexed to inflation each  
             year.  This bill temporarily reduces the dependent  
             credit to the size of the personal credit for tax years  
             2009 through 2012.  However, the higher tax rate would  
             end two years earlier (after tax year 2010) if the  
             voters reject the Budget Stabilization constitutional  
             amendment.  Subsequent to 2012 (or 2010), the dependent  
             credit will revert to the size it would have been had  
             current law not been changed (the current $309 as  
             adjusted for inflation).  For a taxpayer with two  
             dependents, the smaller exemption credit will raise tax  
             liabilities by $420.

          5. Imposes a PIT surcharge.  The surcharge will be in  
             effect for tax years 2009 through 2012.  However, the  

                                                           CONTINUED





                                                               AB 3XXX
                                                                Page  
          4

             higher tax rate would end two years earlier (after tax  
             year 2010) if the voters reject the Budget Stabilization  
             constitutional amendment.  This surcharge will equal  
             either:

             A.    Five percent of the taxpayer's final income tax  
                liability (after most credits are taken) if the  
                Director of the Department of Finance determines that  
                funds from the federal stimulus package which can be  
                used to offset General Fund expenditures are less  
                than $9.1 billion.

             B.    Or, 2.5 percent of the taxpayer's final income tax  
                liability (after most credits are taken) if the  
                Director of the Department of Finance determines that  
                funds from the federal stimulus package which can be  
                used to offset General Fund expenditures are at least  
                equal to $9.1 billion.
          
          Comments  

          Existing law imposes a sales or use tax on the sale or use  
          in this state of tangible personal property, absent a  
          specific exemption.  The combined sales tax rate in  
          California currently ranges from 7.25 percent (for counties  
          with no optional transactions and use taxes) up to 9.25  
          percent (for the City of South Gate in Los Angeles County).  
           The combined rate consists of a state General Fund rate of  
          five percent, statewide special fund rates totaling 1.25  
          percent, a local tax rate of one percent, and local  
          optional rates.  Sales and use taxes, as general taxes on  
          consumption, are generally considered to be more regressive  
          than some other taxes, such as California's PIT, since  
          purchases of taxable goods absorb a larger portion of the  
          income of lower-income taxpayers than of higher-income  
          taxpayers.  Also, some researchers have asserted that  
          significant increases in sales taxes can have negative  
          impacts on spending and the economy.  However, given the  
          imperative of a balanced budget and the magnitude of the  
          current budget shortfall, the economic effects of a sales  
          tax rate increase cannot be considered in a vacuum, but  
          must be weighed against the effects of other additional  
          spending reductions or tax increases.


                                                           CONTINUED





                                                               AB 3XXX
                                                                Page  
          5

          The VLF is a state tax levied on the purchase price of a  
          vehicle, and subsequently annually assessed against the  
          vehicle's value adjusted by a statutory depreciation  
          schedule.  Proposition 1A, approved by the voters in  
          November 2004, requires that VLF revenue from the existing  
          0.65 percent rate be allocated to support local health,  
          mental health, and social services costs under Realignment  
          or otherwise allocated to local government.  However, the  
          Legislature may increase the VLF rate and there is no  
          restriction on the use of the additional revenue.

          The motor vehicle fuel excise tax was first imposed on  
          October 1, 1923, at a rate of two cents per gallon.  The  
          tax was increased five times over the next 60 years, and  
          was set at nine cents per gallon on January 1, 1983.  In  
          the early 1990s, the tax was increased in increments over  
          several years until it was set at the current level of 18  
          cents per gallon on January 1, 1994.  The Legislative  
          Analyst looked at the erosion in the purchasing power of  
          the excise tax in the "Analysis of the 2008-09 Budget Bill"  
          and found that based on the Producer Price Index for  
          Highway and Street Construction, the 18 cent gas tax  
          implemented in 1994 is worth 11 cents in purchasing-power  
          today.  The excise tax is allocated by statutory formula to  
          the state and to local governments.  Of the base 18 cent  
          tax, the state receives 11.54 cents (or 64 percent) and  
          cities and counties receive 6.46 cents (or 36 percent).

          Dependent exemption credits are usually justified on the  
          grounds that taxpayers who raise children or care for  
          others incur extra expenses and therefore have less  
          disposable income from which to pay taxes.  The amount of  
          the credit, however, has varied considerably over the past  
          30 years, and according to the Legislative Analyst's  
          Office, there is no consensus on how large the credit  
          should be.  Prior to 1987, the dependent credit was roughly  
          one-third the size of the personal credit, and from 1987  
          through 1997, the dependent and personal credits were the  
          same.  The larger dependent credit currently in effect is  
          the result of legislation passed in 1997, which tripled the  
          dependent credit amount starting in 1998.  This bill  
          temporarily restores the relationship between the personal  
          and dependent credit that was in effect prior to 1998.


                                                           CONTINUED





                                                               AB 3XXX
                                                                Page  
          6

          Existing law imposes a PIT and provides for six different  
          graduated PIT rates ranging from one percent to 9.3  
          percent, with an additional one percent Mental Health Tax  
          on taxable income over $1 million (Proposition 63, 2004).   
          This bill imposes an additional surcharge, equal to either  
          2.5 percent or five percent on the taxpayer's final  
          liability.  As an illustration of its impact on taxpayers,  
          the surcharge would result in additional state taxes of  
          about $60 for taxpayers filing jointly with $50,000 in  
          taxable income, $230 for taxpayers filing jointly with  
          $100,000 in taxable income, and $2,100 for taxpayers filing  
          jointly with $500,000 in taxable income.  Since state  
          personal income taxes can be taken as itemized deductions  
          on federal returns, the net impact of the surcharge may be  
          reduced by as much as one third for some taxpayers.
           
          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          The overall multi-year fiscal effect of this bill is to  
          increase revenues to benefit the General Fund by a  
          cumulative total of  between $36.4 billion (if sufficient  
          savings from federal funds occur) and $41.1 billion (if  
          federal funds fail to meet the $9.1 billion threshold).   
          The specific fiscal effects of the provisions are shown in  
          the table below:

                      General Fund Revenue Impact of AB 3XXX
                             (Millions of dollars)
           

           -------------------------------------------------------------------------------------------------------- 
          |Tax Provision |Effective     |       2008-09|       2009-10|       2010-11|       2011-12|       2012-13|
          |              |Date \a       |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |Sales tax:    |April 2009 -  |        $1,203|        $4,553|        $4,792|        $5,195|         -$164|
          |one cent      |June 2012     |              |              |              |              |              |
          |increase      |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |VLF increase  |May 2009 -    |           264|         1,213|         1,238|         1,263|         1,187|
          |to 1%         |June 2013     |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |VLF: 15%      |May 2009 -    |           111|           509|           518|           529|           496|
          |increase for  |June 2013     |              |              |              |              |              |

                                                           CONTINUED





                                                               AB 3XXX
                                                                Page  
          7

          |law           |              |              |              |              |              |              |
          |enforcement   |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |PIT 5% surtax |Tax years     |              |         3,254|         2,418|         2,458|1,238         |
          |(federal      |2009 - 2012   |              |              |              |              |              |
          |funds         |              |              |              |              |              |              |
          |threshold met |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          | PIT 2.5%     |              |              |         1,627|         1,209|         1,229|           619|
          |surtax        |              |              |              |              |              |              |
          |(federal      |              |              |              |              |              |              |
          |funds         |              |              |              |              |              |              |
          |threshold not |              |              |              |              |              |              |
          |met)          |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |PIT dependent |Tax years     |              |         1,440|         1,227|         1,181|           670|
          |credit        |2009 - 2012   |              |              |              |              |              |
          |reduction     |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |Gas tax: 12   |April 2009 -  |           250|         1,812|           608|           767|           896|
          |cent increase |June 2013     |              |              |              |              |              |
          |\b            |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |              |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          |Total:        |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          | Assuming 5%  |              |        $1,828|       $12,781|       $10,801|       $11,393|        $4,323|
          |  surcharge   |              |              |              |              |              |              |
          |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
          | Assuming     |              |        $1,828|       $11,154|        $9,592|       $10,164|$3,704        |
          | 2.5%         |              |              |              |              |              |              |
          | surcharge    |              |              |              |              |              |              |
           -------------------------------------------------------------------------------------------------------- 

          a\All dates are contingent on voter approval in 2009 of a  
            constitutional amendment relating to budget stabilization  
            and reform.  Absent such approval, the provisions sunset  
            two years earlier than shown, as noted in the  
            descriptions of the individual provisions above.

          b\Revenue impacts reflect portion of increase that benefits  
            the General Fund, through reimbursements for debt service  
            on transportation bonds. Total revenues raised from the  

                                                           CONTINUED





                                                               AB 3XXX
                                                                Page  
          8

            gas tax increase are approximately $2 billion annually.


          DLW:mw  2/14/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

                                ****  END  ****





































                                                           CONTINUED