65B - 2014 LEGISLATIVE PLATFORM - Laserfiche WebLink

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Legislation requiring lobbyists monitoring and status reports: • SB 7 (Steinberg) prohibits a charter city from receiving or using state funding or financial assistance for a construction project for up to 2 calendar years if the city has, after January 1, 2014, awarded a public works contract without requiring the contractor to comply with prevailing wage provisions. Governor Brown signed SB 7 in October, after the bill passed the Senate with a 22 -13 majority with amendments. Subsequently, several California charter cities (El Centro, Carlsbad, El Cajon, Fresno, Oceanside, Vista) challenged the constitutionality of SB 7 on February 20, 2014 by filing for an injunction in San Diego County Superior Court, and have requested a writ of mandate to prohibit the state from enforcement. The plaintiffs argue that the state constitution guarantees that charter cities can govern their own municipal affairs without state interference. They also argue that SB 7 would violate Article XIII, Section 24(b) of the State Constitution because it restricts local tax revenue by requiring expenditures on a state priority (prevailing wage). Since charter cities are created by the "reserved power' of the local electorate, the Legislature should not be able to interfere. Position: Watch Wireless Tax Fairness Act of 2013 (H.R. 2309) — Wireless industry effort to ban new state and local taxes on wireless communications for five years. Contains carve -out exemption for local voter approved 911 - Emergency Access Telephone Taxes and Utility Users' Taxes. Position: Watch • The Permanent Internet Tax Freedom Act (ITFA) (H.R. 3086) - Telecommunications industry effort to make permanent the exiting ITFA moratorium on internet taxes. As telecommunication services move to broadband this bill's effect will be to erode Santa Ana's telecommunications utility users' tax base. Lacks any carve -out exemption for local voter approved tax measures such as a 911 - Emergency Access Telephone Tax or Utility Users' Tax. Position: Oppose • Wireless Industry Effort to Remove Local Control & Zoning — Undermines local zoning ordinances and community standards, will create visual blight and lower property values. Position: Oppose (Critical Comment Period at FCC Hearing) • The Digital Goods and Services Tax Fairness Act of 2013) (H.R. 3724) - Telecommunications industry effort to significantly reduce state and local revenues by preempting the taxation of purchases such as downloaded music, movies, and online services. Position: Oppose • The Business Activity Tax Simplification Act of 2013 (H.R. 2992) - Mandates the use of a physical location standard for determining whether a state or locality can assess a tax on a company. As written would allow companies to avoid and evade taxation. Position: Oppose • Marketplace Fairness Act - Allocates local government's fair share of sales tax to the local delivery address for goods and services. Will preserve and increase Santa Ana sales tax revenue. Position: Support Legislative Platform 65B-6 5/01/2014