2012 California Proposition 39

Last updated
Proposition 39
Tax Treatment For Multistate Businesses
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes7,384,41761.10%
Light brown x.svgNo4,701,56338.90%
Total votes12,085,980100.00%
[1]

Proposition 39 is a ballot initiative in the state of California that modifies the way out-of-state corporations calculate their income tax burdens. The proposition was approved by voters in the November 6 general election, with 61.1% voting in favor of it. [2] [3] [4] [5] [6]

Contents

Supporters of Proposition 39 claimed that it will close a tax loophole that currently rewards out-of-state companies for taking jobs out of California and, for tax purposes, treats out-of-state companies the way California-based companies are treated. The savings generated by closing the loophole will be directed to fund public schools and create jobs in the state, especially construction jobs in the clean energy sector. [6] [7] [8] [9] [10] Opponents argued that Proposition 39 is simply a tax increase, and it will make out-of-state companies less likely to do business in California. [7] [11] The proposition does not affect California-based companies or California residents. [6] [7] [12] [13] [14] [15]

The nonpartisan California Legislative Analyst's Office has determined that changing the way out-of-state corporations are taxed in California will generate approximately $1 billion in revenue and create 40,000 jobs. [6] [16]

The primary financial backer of Proposition 39 was Thomas Steyer, who also played a lead role in designing the initiative. [17] California State Senator Kevin de León served as the co-chairman of the Prop 39 campaign. [18]

California State Controller John Chiang appointed three members to a board created to oversee the Allocation of new funds related to the California Clean Energy Jobs Act. [19] The three board members include: Gary Kremen, the founder of Match.Com also a clean technology engineer, entrepreneur and inventor; Erik Emblem, executive administrator and chief operating officer of the Western States Council-Sheet Metal Workers in Sacramento; and Dana Cuff, professor of Architecture and Urban Planning at the University of California, Los Angeles.

Background

In 2009, Sacramento legislators changed corporate tax law so that out-of-state companies could choose between two methods for calculating their California income tax. [8] [20] Companies could choose either the "three-factor" or "single-sales factor" method. The three-factor method bases half of a company's tax bill on in-state sales and the other half on in-state property and employees. [20] [21] [22]

A company with ample sales but no physical presence in the state significantly reduces its tax burden when choosing the three-factor method. [14] [21] [22] The change was part of a balanced budget deal between Arnold Schwarzenegger and state Republicans. [8] [21] California is the only state that allows out-of-state companies to choose how their income tax is calculated. [23]

Supporters of Proposition 39 include San Francisco-based philanthropist and businessman Thomas Steyer, who founded Farallon Capital, a hedge fund, and One Pacific Bank, a community bank. Steyer, a signer of The Giving Pledge, [24] has contributed $21.9 million of his own money to a campaign in favor of the initiative. [7] [15] In 2010, Steyer co-chaired the successful effort to beat Proposition 23, a ballot initiative to overturn California's climate change laws. [25]

The League of Conservative Voters has contributed $25,000 to the campaign, while the Western States Council of Sheet Metal Workers PAC has added $5,000. [15]

Similar laws have been passed in New Jersey, Illinois, and Texas. [16] [26] New Jersey Republican Governor Chris Christie called closing the loophole an important part of the New Jersey comeback. [26]

Assembly Bill 1500

John A. Pérez, a state representative from Los Angeles, introduced Assembly Bill 1500 in 2012. [22] The legislation seeks to remove the three-factor method from the state tax code. [11] [22] As of August 31, 2012, AB 1500 had failed to gain the necessary support to move forward. [5] [8] The extra tax revenue generated by AB 1500 would have reduced tuition costs for state university students by up to two-thirds for families making less than $150,000 per year. [11] A number of large out-of-state companies opposed the bill. [27]

The measure

Proposition 39 removes the ability for out-of-state corporations to choose how to calculate their California tax burden. [13] If passed, all companies doing business in the state would use the single-sales factor method, which only uses sales to calculate income tax. [6]

Proposition 39 also contains instructions on how the extra tax revenue —approximately $1 billion each year—will be spent. [13] For the first five years, half of the new tax revenue would be spent on clean energy projects. [14] The other half would go to the state's general fund. [14] After five years, all extra monies would go to the general fund. [6]

Supporters of the measure mention four companies in particular that have been particularly advantaged by the current law. These are Chrysler Group, General Motors, International Paper, and Kimberly-Clark. [22] In September 2012, however, Procter & Gamble and Chrysler both announced they wouldn't oppose Proposition 39. [28] [29]

In 2011, Genentech executive Andrea Jackson explained that her company located a new facility in Oregon to take advantage of the three-factor method. [14] [20] She said that California tax law encouraged the company to move facilities out of the state. [20]

A recent study by the independent research firm Beacon Economics claims that Proposition 39 could limit liability incentives for out-of-state businesses. [30]

Analysis

Positive effects

According to independent analyses, passage of Proposition 39 would add $1 billion to state revenue. [14] It would also remove the advantage of building new facilities or hiring employees out-of-state. [6] [12] Supporters say that the measure would create up to 40,000 new jobs. [7] Environmental and health groups claim that the extra money for clean energy projects would lead to safer schools and improved public health. [7] The editorial board of The Sacramento Bee said that Proposition 39 represented "how direct democracy should work." [10]

Negative effects

Opponents of Proposition 39 argue that companies will do less business with California because of higher taxes. [7] [11] They claim that the some form of the three-factor method has been in the tax code since 1966. [11] Others fear that the proposition will add more bureaucracy and complexity to an already bloated tax law. [7] [11] They also point to California's unfriendly business tax climate: The state ranks 48th, according to the Tax Foundation.

Endorsements

As of September 2012, the Los Angeles Times , [17] the Sacramento Bee, [10] the San Jose Mercury News, [31] the San Francisco Chamber of Commerce, [32] California State Assembly Speaker John Perez, [33] the California Labor Federation, [34] California State Senate President pro Tem Darrell Steinberg, [35] and former U.S. Secretary of State to Ronald Reagan, George Shultz, [36] had endorsed the initiative.

On September 26, 2012, the California Democratic Party Chairman, John Burton, announced his endorsement of Proposition 39. Other recent endorsements of the initiative include the San Francisco Chamber of Commerce, the American Lung Association, Latin Business Association, California Labor Federation, California Community College Trustees, and the California League of Conservation Voters. [37]

As of October 1, 2012, General Motors, International Paper, Kimberly Clark, Chrysler and Procter & Gamble will not oppose Proposition 39 any further. [38]

The Simi Valley Chamber of Commerce, Carpinteria Valley Chamber of Commerce, the Oxnard Chamber of Commerce, and the United Chambers of Commerce all oppose Proposition 39. [36]

Editorial opinion

"Yes on 39"

"No on 39"

Legislative Implementation

After Proposition 39's passage, the California Legislature enacted Senate Bill 73 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2013) to direct the Proposition 39 funds in accordance with the measure. [63] The Legislature directed most of the measure's revenues to school districts, community colleges, county offices of education, charter schools, and state special schools to undertake energy efficiency and clean energy projects. [64] The Legislature directed a smaller portion of revenues to an energy conservation revolving loan fund, and energy-related workforce development for disadvantaged youth and veterans. To implement the programs, the legislation designated the California Energy Commission as the lead agency to work in consultation with the California Department of Education, California Community Colleges Chancellor's Office, California Public Utilities Commission, California Workforce Development Board, the Division of the State Architect, the California Department of Industrial Relations, and the California Conservation Corps. [63]

Outcome

The California Clean Energy Jobs Act Citizens Oversight Board is the entity tasked with overseeing the implementation of Proposition 39. [65] Many have criticized the implementation of Proposition 39 for its slow start, [66] but the California Energy Commission claims the slowness is due to a variety of reasons, including the necessary legislative and regulatory processes to get the program running, and the lack of capacity at under resourced K-12 schools to apply for funding and implement projects. [67]

Over the first three years of implementation, the measure has delivered $1.178 billion in revenue, [64] which is less than the $1.5 billion the Legislative Analyst's Office had originally projected. [68] In 2013, the Don Vial Center on the Green Economy projected that Proposition 39 would create an estimated 3,410 direct jobs and 7,843 indirect and induced jobs annually, [69] but in 2015, the Associated Press estimated that only 1,700 jobs had been created in the first three years. [70] The data regarding school energy consumption reductions are not yet available, but the school projects are on a publicly searchable database. [71]

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  4. ↑ Nannette Miranda (September 12, 2012). "Prop 39 aims to cement California as green leader". ABC 7. Archived from the original on March 3, 2013. Retrieved September 25, 2012.
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  63. 1 2 California Energy Commission (August 1, 2016). "California Energy Commission − Tracking Progress" (PDF).
  64. 1 2 Senate Committee on Energy, Utilities and Communication (January 20, 2016). "Oversight Hearing: The California Clean Energy Jobs Act (Proposition 39): Progress to Date" (PDF).
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  66. ↑ Editorial Board (August 17, 2015). "Trust in short supply as Prop. 39 gets off to slow start". Sacramento Bee.
  67. ↑ California Energy Commission (2016). "Proposition 39: California Clean Energy Jobs Act, K-12 Program and Energy Conservation Assistance Act 2013-2015 Progress Report" (PDF).
  68. ↑ Legislative Analyst's Office (2012). "Proposition 39: Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statue". www.lao.ca.gov. Retrieved 2016-09-29.
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