BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 1326 (Harman) - Tax administration
          
          Amended: April 17, 2012         Policy Vote: G&F 9-0
          Urgency: No                     Mandate: No
          Hearing Date: April 30, 2012                           
          Consultant: Mark McKenzie       
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: SB 1326 would require specified state tax agencies 
          to focus information technology (IT) efforts on developing a 
          web-based portal that virtually consolidates the agencies, 
          providing an integrated interface for taxpayers.

          Fiscal Impact: 
              Unknown, likely major General Fund costs to FTB, BOE, and 
              EDD, potentially in the range of $10 million, to make 
              coordinated IT improvements to each agency's independent 
              systems to virtually consolidate the agencies, providing 
              self-service access with a single logon that allows for an 
              integrated interface. (see staff comments)

               Unknown, potentially significant future costs pressures to 
              consolidate forms, applications, and other documents.

          Background: The California Constitution establishes the Board of 
          Equalization (BOE) as a five-member board comprised of the State 
          Controller and four elected members.  The BOE administers sales 
          and use taxes and various state tax and fee programs.  The BOE 
          also adjudicates tax disputes and appeals.  Retailers collect 
          sales taxes from customers purchasing tangible personal 
          property, and generally remit those taxes to the BOE on a 
          quarterly basis.

          The Employment Development Department (EDD) administers the 
          collection, accounting, and audit functions of California's 
          payroll tax programs, including the Unemployment Insurance and 
          State Disability Insurance programs.  Businesses are generally 
          required to register with EDD.  Employers collect and deposit 
          personal income taxes withheld from employee wages with EDD, 
          along with amounts for Unemployment Insurance (UI), Employment 








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          Training Taxes, and State Disability Insurance (SDI).   Federal 
          schedules determine when employers make Personal Income Tax and 
          SDI payments, while UI and ETT payments are made quarterly.  
          Each quarter, the taxpayer files a form to reconcile these 
          deposits with actual taxes due.

          The Franchise Tax Board (FTB) is a three-person board comprised 
          of the State Controller, Director of the Department of Finance, 
          and Chair of the BOE.  FTB administers the Personal Income Tax 
          and Corporation Tax Law, and collects debts on behalf of state 
          and local agencies.  FTB may issue forms necessary to administer 
          the taxes.  Employees and others receiving payments reconcile 
          amounts previously withheld with actual tax due when filing 
          their annual tax returns with FTB.

          Proposed Law: SB 1326 would require BOE, FTB, and EDD to 
          collaborate and focus current and future IT efforts to develop a 
          single web-based portal that enables taxpayers to do the 
          following through a single self-service logon point:
               Electronically submit returns, forms, or other information
               Remit amounts due
               Determine account balances and tax due dates
               Identify the status of an appeal
               Claim a refund
               Request relief from interest or penalties
               Access any other information the agencies deem helpful to 
              help taxpayers comply with the state's tax laws.

          The bill would also require these agencies to consolidate forms, 
          applications, and other documents to reduce or eliminate 
          duplicate submission of information by taxpayers, but only upon 
          a joint determination by the agencies of a need to improve 
          cost-effective service to taxpayers, and upon appropriation by 
          the Legislature.

          Staff Comments: The BOE, FTB, and EDD have a history of working 
          cooperatively to increase efficiencies and ease taxpayer burden, 
          including a current working group that has been formed to 
          identify specific incremental processes and functions that 
          present opportunities for efficiencies, considering all 
          practical aspects and costs.  The three entities have also 
          partnered with the Internal Revenue Service to form the 
          California Fed State Partnership to streamline and improve 
          taxpayer resources and educational programs.  One result of the 








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          partnership was the development of the California Tax Service 
          Center website,  www.taxes.ca.gov  , which is a one-stop tax 
          assistance site for California taxpayers that provides general 
          information about the various tax programs as well as links to 
          appropriate forms, information, requirements, and payment 
          options located on the BOE, FTB, EDD, and IRS websites.  This 
          website does not currently provide taxpayers with single logon 
          access to individual accounts and records.

          SB 1326 would require BOE, FTB, and EDD to conduct a coordinated 
          information technology project that would virtually consolidate 
          the agencies through a web portal that provides an integrated 
          interface with each of the agencies through a single logon 
          access.  Costs to implement an information technology project of 
          this nature and magnitude are unknown, but likely major, perhaps 
          in the range of $10 million cumulatively.  While none of the 
          affected agencies are able to provide a detailed cost analysis 
          at this time that enumerates the scope of duties for each 
          agency, the following provides some sense of the potential scale 
          of costs:
           The initial BOE analysis of this bill indicates that, although 
            a detailed cost estimate is pending, major costs of over $1 
            million would be incurred to develop and implement a 
            comprehensive virtual website relating to current system 
            design modifications, software, and hardware.  A more recent 
            BOE analysis indicates that costs to coordinate with FTB and 
            EDD to develop a plan to create a single web-based portal that 
            virtually consolidates the agencies would be absorbable, but 
            the current version of the bill is not limited to the 
            development of a plan.
           FTB indicates that costs to implement the bill are currently 
            unknown, but potentially significant.  Actual costs would 
            depend upon the scope, roles, and duties of each entity.  
            Staff notes that even if FTB's scope were limited to making 
            necessary programming updates to its IT systems, costs could 
            be significant.
           EDD estimates one-time startup costs of $6.8 million and 
            annual ongoing costs of $657,000 to develop and administer the 
            web portal, which includes costs for staffing and programming, 
            costs to implement an outreach program for employers, and 
            costs to enhance the existing security solution Oracle 
            Identity Management environment to enable a single logon for 
            taxpayers.









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          In addition, SB 1326 would require FTB, BOE, and EDD to 
          consolidate forms, applications, and other documents.  However, 
          these activities would only occur following a joint 
          determination by the agencies that a need exists to improve 
          cost-effective service to taxpayers, and an appropriation by the 
          Legislature.  The bill would therefore impose unknown, but 
          likely significant cost pressures on BOE, FTB, and EDD to 
          perform these functions.