Bill Text: CA AB366 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Transactions and use taxes: City of Alameda.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-23 - Chaptered by Secretary of State - Chapter 502, Statutes of 2016. [AB366 Detail]

Download: California-2015-AB366-Chaptered.html

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BILL NUMBER: AB 366	CHAPTERED
	BILL TEXT

	CHAPTER  502
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2016
	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  AUGUST 30, 2016
	AMENDED IN SENATE  JUNE 14, 2016
	AMENDED IN SENATE  JULY 7, 2015
	AMENDED IN ASSEMBLY  MAY 28, 2015
	AMENDED IN ASSEMBLY  MAY 14, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 17, 2015

   An act to add and repeal Chapter 3.75 (commencing with Section
7292.5) of Part 1.7 of Division 2 of the Revenue and Taxation Code,
relating to taxation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 366, Bonta. Transactions and use taxes: City of Alameda.
   Existing law authorizes cities and counties, subject to certain
limitations and approval requirements, to levy a transactions and use
tax for general purposes, in accordance with the procedures and
requirements set forth in the Transactions and Use Tax Law, including
a requirement that the combined rate of all taxes that may be
imposed in accordance with that law in the county not exceed 2%.
   This bill would authorize the City of Alameda to impose a
transactions and use tax for general purposes that, in combination
with other transactions and use taxes, would not exceed the combined
rate limit of 2% by more than 0.5%, if the city adopts an ordinance
proposing the tax and the ordinance proposing the tax is approved by
the voters, subject to applicable voter approval requirements, as
specified. The bill would repeal this authorization on January 1,
2025, if an ordinance proposing the tax has not been approved by that
date.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of Alameda.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 3.75 (commencing with Section 7292.5) is added
to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read:
      CHAPTER 3.75.  LOCAL GOVERNMENT FINANCE IN THE CITY OF ALAMEDA


   7292.5.  (a) Notwithstanding any other law, the City of Alameda
may impose a transactions and use tax for general purposes that, in
combination with all taxes imposed pursuant to the Transactions and
Use Tax Law (Part 1.6 (commencing with Section 7251)), would not
exceed the limit established in Section 7251.1 by more than 0.5
percent, if all of the following requirements are met:
   (1) The city adopts an ordinance proposing the transactions and
use tax subject to any applicable voter approval requirement.
   (2) The ordinance proposing the transactions and use tax is
submitted to the electorate and is approved by the voters voting on
the ordinance pursuant to Article XIII C of the California
Constitution. The election on the ordinance proposing the
transactions and use tax may occur after January 1, 2017.
   (3) The transactions and use tax conforms to the Transactions and
Use Tax Law (Part 1.6 (commencing with Section 7251)) other than
Section 7251.1.
   (b) Notwithstanding Section 7251.1, the tax rate authorized in
subdivision (a) shall not be considered for purposes of the combined
rate limit established by that section.
   7292.6.  If, as of January 1, 2025, an ordinance proposing a
transactions and use tax pursuant to this chapter has not been
approved as required by paragraph (2) of subdivision (a) of Section
7292.5, this chapter shall be repealed as of that same date.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique fiscal pressures in the City of Alameda.