Caltaxletter

David R. Doerr, principal contributor
Ronald W. Roach, editor


Vol. X, No. 19
May 19, 1997

ASSEMBLY PANEL APPROVES GOVERNOR'S CORPORATE TAX CUT

Surprising many observers, the Assembly Revenue and Taxation Committee last Monday approved Republican Governor Pete Wilson's bill for a 10 percent corporate tax rate cut (AB 479, Pringle) and sent the measure to the Assembly Appropriations Committee for further consideration. However, it was not all wine and roses for taxpayers as the Democrat-controlled committee also passed legislation imposing 10 percent and 11 percent income tax brackets and approved another anti-taxpayer property tax measure.

The vote to approve AB 479 came after dramatic testimoney by Trade and Commerce Agency Secretary Julie Meier Wright on California's loss of a major corporate investment. She said Oregon-based Nike, a leading manufacturer of athletic footwear, considered California and eight other states for locating a facility that would employ 5,000 workers. She said the company's tax climate analysis placed California eighth of nine states studied and "dead last on corporate income taxes." As a result, she said the company made a decision to locate elsewhere.

While noting that 1993 reforms (including the manufacturers' investment tax credit) changed perceptions of California's business climate, Ms. Wright said other states did not stand still. She said New York reduced its corporate tax by 15 percent.

Estimates of tax savings from AB 479 are: 1997-98 -- $85 million; 1998-99 $310 million; 1999-2000 -- $520 million; 2000-2001 -- $600 million.

Testifying in support of the bill, Finance Director Craig Brown said the state's new dynamic revenue estimating model forecast the bill would create 7,000 new jobs. Others who spoke in favor of the bill were Cal-Tax's David R. Doerr; Fred Main, representing the California Chamber of Commerce, and Carrie-Lee Coke, representing the California Manufacturers Association.

During discussion on the bill, Assemblyman Charles Poochigian said, "It makes sense to return dollars to taxpayers in good times."

Opposition witnesses were Lenny Goldberg, representing the California Tax Reform Association; Terry Brennand; representing the Service Employees International Union, and Richard Pratt, representing the California School Employees Association. Mr. Goldberg, citing the same selective tax studies he has been citing for the past four years, claimed that California's tax climate is not so bad.

Committee Chair Louis Caldera, who abstained, said, "Taxes are too high, but the Legislature won't prioritize." The vote to approve AB 479 was 7-2, with Assembly Members Poochigian, Nao Takasugi, Howard Kaloogian and Gary Miller, joined by Democrats Mike Machado, Lou Papan and Carl Washington. Assembly members Wally Knox and Dion Aroner voted no. Elaine Alquist also abstained.

Other committee action:

WILSON UNVEILS REVISED BUDGET; URGES TAX RELIEF

Awash in a gusher of tax dollars, Governor Pete Wilson last Wednesday presented updated state budget plans to the Legislature -- the annual May revise -- that touted major increases in spending on education and welfare-related child care programs. He also urged passage of his business income tax relief proposal.

Responding to reporters' questions, the governor essentially dared the Legislature to pass a personal income tax relief measure. At a media briefing, the governor was asked why he was not pressing for a personal income tax (PIT) rate reduction, particularly since so much of the new revenue is from the pockets of individual taxpayers. Mr. Wilson responded by challenging the Democrat-controlled Legislature to send him a bill so he could sign it. "I would be delighted," he said.

While he unsuccessfully pushed for a PIT reduction in the past, the Republican governor said he had not done so this year because, realistically, he did not see enough support in the Legislature because of sentiments against such a tax cut from majority Democrats' leaders in the Senate and Assembly, and resistance from the "education community."

Reacting to the governor's comments, the Senate's leading Democrat, President Pro Tem Bill Lockyer, said a personal income tax cut should be "on the table" for negotiations, a surprising development since he has been a primary foe of such tax relief in recent years. Reacting to Mr. Lockyer's remarks, gubernatorial spokesman Sean Walsh said Governor Wilson might push an income tax reduction after all. "We are eager to explore the many ways tax reduction can be done," he said.

Mr. Wilson congratulated the Assembly Revenue and Taxation Committee, where Democrats outnumber Republicans 7-4, for approving his 10 percent bank and corporation tax rate reduction measure (AB 479, Pringle) last Monday (see story on page 1). The same committee has rejected a PIT reduction measure this year.

The governor noted that the state's economy flourished after passage of tax relief measures and other laws (workers' compensation insurance reform) to improve the business climate since he took office in 1991. He said California continues to face "fierce competition for jobs" and the "surest way to hold our ground" is to make the state more attractive to job creators.

The state's revenue picture through June 30, 1998 has improved by $2.26 billion above expectations of last January, including $2.16 billion in personal income taxes over the two years.

Mr. Wilson has proposed $392 million in additional spending for child care to enable welfare mothers to work and also pay for job searches and training. He wants to fully fund class size reduction for grades kindergarten through third at $800 per pupil -- an additional $230 million on top of the $1.25 billion already invested in the program -- and spend $110 million on standardized testing and high school computers. Education is required to receive about 98 percent of the additional revenue because of constitutional guarantees and enrollment, population and revenue factors.

The revised general fund revenue forecast calls for $51.96 billion in the 1997-98 fiscal year, up 2.6 percent from the governor's January budget proposal and up 5.3 percent from the current fiscal year. General fund spending is $268 million below expected revenues, with a budget reserve of $580 million for economic uncertainties. The reserve would be about the same as proposed last January.

Estimates reflect the governor's tax relief initiatives: a 10 percent bank and corporation tax reduction phased in over two years, full conformity with federal changes relating to Subchapter S corporations, and conformity with increased federal limits on small business expensing. Further, the budget assumes federal legislation will pass that will give California power to set up a reciprocal refund offset program with the Internal Revenue Service for past-due state tax debts.

GOVERNMENT AGENCIES EXEMPT FROM COUNTY BUSINESS LICENSE TAXES

Counties may not impose a business license tax on activity by another public agency, the Third District Court of Appeal ruled May 6 (Sacramento Municipal Utility District v. Solano County). At issue was a business license tax assessed by Solano County against a 5-megawatt wind-driven power generation plant in the county owned by the Sacramento Municipal Utility District (SMUD). The county argued that SMUD was doing "business" in the county, and, therefore, was subject to tax.

The court said, while such a tax is not constitutionally prohibited, it is not expressly authorized by statute.

Writing for the court, Justice Robert Puglia said, "Although the term 'business,' when used in legislation, is not necessarily limited to activities engaged in for profit, it is nevertheless confined to activities engaged in by private entities, unless a contrary intent is apparent from the statutory language. The language of Section 7284 does not manifest a contrary intent."

CONTROVERSIAL TRIAL COURT FUNDING BILL PASSES ASSEMBLY

The Assembly last Monday approved, by a vote of 63-8, a trial court funding bill that opponents characterized as an $88 million tax increase in the guise of court fees. AB 233 (Escutia) transfers principal funding responsibility for trial courts to the state beginning in 1997-98, while freezing county contributions at the 1994-95 levels.

Assemblyman Tom McClintock charged that the bill is a $88 million tax increase. He noted a number of civil fees were being increased to help fund the bill, and called the one dollar per page cost for photocopying court documents "outrageous."

Mr. McClintock was joined by Assemblyman Dick Floyd in denouncing the bill. He said, "Only Donald Trump can afford to file a civil action" if the bill passed.

Assembly Minority Leader Curt Pringle urged the Assembly to pass the bill as a work-in-progress, and said further changes will be made in the proposal. He argued that a trial court funding bill is needed as courts have the fastest growing county costs.

Other Assembly floor action:

APPROPRIATIONS COMMITTEE SENDS KEY BILLS TO SUSPENSE FILE

The Assembly Appropriations Committee sent several tax bills to its suspense file last Wednesday, including AB 372 (Battin), the tax credit for computer donations. Proponents estimated that while there would be a $1 million revenue loss due to the credit, schools would get $19 million worth of computers.

Also sent to the suspense file without discussion was AB 41 (Murray), conforming to federal expensing provisions for unincorporated small businesses; AB 1499 (Caldera), conforming to federal changes in the research and development tax credit; AB 511 (Caldera), allocating bank tax revenue to local government; and AB 265 (Battin), excluding appreciated gifts to charities from the alternative minimum tax.

Of significance, the committee approved AB 713 (Caldera), conforming to federal taxpayer bill of rights for Franchise Tax Board purposes, and SB 701 (Caldera), allowing charter cities access to specified FTB information.

The committee approved legislation limiting organizations that provide taxpayers with property appeal services (AB 1178, Davis). Prior to its passage, the bill was amended to limit the restrictions to residential appeals and to remove a $25 cap on the cost of the service.

OLD WINE IN NEW BOTTLES

Property Tax Interest. The authorship of SB 30, relating to property tax interest payments, has been changed from Senator Ken Maddy to Senator Quentin Kopp. The subject matter in the bill still seeks to change provisions of SB 657 (Maddy) of 1995 ensuring taxpayers received the proper rate of interest on refunds stemming from tax years before 1993.

Senator Maddy had dropped the bill, due to opposition from Cal-Tax and other taxpayer organizations. Counties have persuaded Senator Kopp to carry forward their effort to get the measure passed.

NEW WINE IN OLD BOTTLES

Education Expenses Tax Credit. AB 1358 (Pringle) has been amended to establish a tax credit for costs of K-12 education instructional materials, textbooks, tuition, suppliers or transportation expenses for any accredited school.

Manufacturers' Investment Credit. AB 1062 (Battin) has been amended to expand the manufacturers' investment credit (and accompanying sales tax exemption) to cover personal property primarily used in teleproduction and other post production services.

POTPOURRI: SYMPOSIA, SIGHTINGS, SALUTES & SNAFUS

Wright to Leave Commerce. Julie Meier Wright, secretary of the state Trade and Commerce Agency for the past five years, said last week she will leave the Wilson Administration in August to become president of a nonprofit economic development corporation in San Diego. Lee Grissom, head of the governor's Office of Planning and Research, will succeed Ms. Wright.

Connell Breaks Hip. State Controller Kathleen Connell suffered a broken hip in a rollerblading fall and was hospitalized over the Mother's Day weekend, according to her Los Angeles office. It was reported last Tuesday that Dr. Connell fell while on an outing with her two sons. Byron Tucker, her press spokesman, said Dr. Connell "is fine. She will be out of the hospital in a couple of days."

Court Hits State on Prevailing Wage. In a ruling that could have far-reaching impact on the power-of-the-purse rivalry between executive and legislative branches of government, a state appellate court has handed the Legislature -- and organized labor -- a major victory.

In ruling on Local Union No. 595, International Brotherhood of Electrical Workers et. al. v. Superior Court for the City and County of San Francisco, Lloyd W. Aubry Jr., director of the California Department of Industrial Relations, the court at least temporarily blocked the Wilson Administration's prevailing wage regulatory reform campaign.

The 3-0 decision May 9 from San Francisco's 1st District Court of Appeal (written by Justice Marc Poche) overturned a trial court judgment and said that the Department of Industrial Relations could not spend tax dollars on employee wage surveys because a committee of the Legislature last year deleted the appropriation from the governor's proposed 1996-97 state budget.

Mr. Aubry, who announced his resignation effective last Friday, said the department will appeal the decision to the California Supreme Court. He stressed that his department's use of existing resources -- not the $1.3 million deleted by the Legislature in budget hearings -- was ignored by the appellate court.

"We believe the decision puts in jeopardy the very authority that the Legislature vests in various departments and agencies," Mr. Aubry said. "Essentially, we have been delegated rulemaking authority but when we exercise that authority and promulgate regulations which are approved by the Office of Administrative Law, those rules can be negated by the Legislature simply by deletion of funds. This cannot be the intent of the law."

The department needs wage surveys to implement a different method for calculating prevailing wage rates and curbing inflated costs of government construction contracts. The Wilson Administration prefers a weighted average method used by the federal government and nearly all other states.

Justice Poche, once a top aide to then-Governor Jerry Brown, wrote: "The governor of this state has no power to appropriate funds; subordinate officers of the executive branch are similarly without such power."

Capitol observers wonder whether the decision would affect other state budget appropriation questions, such as the ability of the government to continue to pay its bills without an annual budget enacted by July 1.

Katz Eyes State Senate. Former Assemblyman Richard Katz, who directed 1996 Assembly Democrats' elections that restored a Democrat majority in the house, says he "probably" will run for the state Senate in 1998. Mr. Katz, from Sylmar, served 16 years in the Assembly but could not seek re-election in 1996 due to term limits. He intends to run in the Senate district now represented by Democrat Herschel Rosenthal.

COMING UP

May 19: ASSEMBLY REVENUE AND TAXATION COMMITTEE HEARING
Location: Room 126, State Capitol, at 1:30 p.m.
Subjects: AB 1608 (Pringle), exempting newspapers from sales taxes; ACA 14 (Caldera), prohibiting retroactivity when income tax rates are changed, and AB 1358 (Pringle), establishing a tax credit for costs of K-12 education.

May 19: SENATE APPROPRIATIONS COMMITTEE HEARING
Location: Room 4203, State Capitol, upon adjournment of session.
Subjects: Several tax bills are on file, including SB 116 (Peace), re-establishing a solar energy tax credit.

May 20: STATE BOARD OF EQUALIZATION DISCUSSION
Location: Conference Room 122, 450 N Street, Sacramento, at 1 p.m.
Subject: Public discussion of Rules of Practice amendments. (A second public discussion is scheduled June 5 in Culver City.)

May 21: SENATE REVENUE AND TAXATION COMMITTEE HEARING
Location: Room 3191, State Capitol, at 1:30 p.m.
Subjects: Among bills on calendar are SB 30 (Kopp), revising property tax interest rates; SB 1013 (Calderon), imposing an excise tax on adult entertainment, and SB 1300 (Calderon), exempting newspapers from sales tax.

May 21: ASSEMBLY APPROPRIATIONS COMMITTEE HEARING
Location: Room 4202, State Capitol, at 8:30 a.m.
Subjects: Among bills on calendar are AB 203 (Takasugi), conforming to federal law regarding Subchapter S corporations; AB 222 (Takasugi), ex-qualifying interest on sales tax overpayments and under payments, and AB 1027 (Caldera), the assessor's ominous anti-taxpayer property tax bill.

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