2012 California Proposition 39 Explained

Proposition 39
Tax Treatment For Multistate Businesses
Yes:7384417
No:4701563
Total:12085980
Notes:[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]

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.[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.[11] The proposition does not affect California-based companies or California residents.[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.[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.[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.[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. The change was part of a balanced budget deal between Arnold Schwarzenegger and state Republicans. 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. 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.

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

Assembly Bill 1500

John A. Pérez, a state representative from Los Angeles, introduced Assembly Bill 1500 in 2012. The legislation seeks to remove the three-factor method from the state tax code. As of August 31, 2012, AB 1500 had failed to gain the necessary support to move forward. 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. 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. If passed, all companies doing business in the state would use the single-sales factor method, which only uses sales to calculate income tax.

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

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. 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. She said that California tax law encouraged the company to move facilities out of the state.

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. It would also remove the advantage of building new facilities or hiring employees out-of-state. Supporters say that the measure would create up to 40,000 new jobs. Environmental and health groups claim that the extra money for clean energy projects would lead to safer schools and improved public health. The editorial board of The Sacramento Bee said that Proposition 39 represented "how direct democracy should work."

Negative effects

Opponents of Proposition 39 argue that companies will do less business with California because of higher taxes. They claim that the some form of the three-factor method has been in the tax code since 1966. Others fear that the proposition will add more bureaucracy and complexity to an already bloated tax law. 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, the Sacramento Bee, 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.

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.

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, 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]

Notes and References

  1. Web site: Statement of Vote . California Secretary of State . 3 June 2013 . dead . https://web.archive.org/web/20121224021529/http://www.sos.ca.gov/elections/sov/2012-general/sov-complete.pdf . 24 December 2012 .
  2. Web site: Statement of Vote November 6, 2012, General Election . California Secretary of State . 3 June 2013 . dead . https://web.archive.org/web/20121224021529/http://www.sos.ca.gov/elections/sov/2012-general/sov-complete.pdf . 24 December 2012 .
  3. Web site: The Three Numbers You'll Hear This Fall: 38 - 39 - 40 . Joe Mathews . June 30, 2012. NBC Bay Area . September 25, 2012.
  4. Web site: Prop 39 aims to cement California as green leader . Nannette Miranda . September 12, 2012 . ABC 7 . September 25, 2012 . https://web.archive.org/web/20130303183309/http://abclocal.go.com/kabc/story?section=news%2Fstate&id=8808824 . March 3, 2013 . live .
  5. Web site: Assembly speaker backs Proposition 39's corporate-tax revamp . September 12, 2012 . Los Angeles Times . September 25, 2012.
  6. Web site: Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statue. . July 18, 2012 . Legislative Analyst's Office . September 25, 2012.
  7. Web site: Argument in Favor of Proposition 30 . 2012 . CA.gov. September 25, 2012.
  8. Web site: California Voters Weigh $1 Billion Tax Break for Business . https://web.archive.org/web/20120920084428/http://www.businessweek.com/news/2012-09-17/california-voters-weigh-1-billion-tax-break-for-business . dead . September 20, 2012 . James Nash . September 17, 2012 . BusinessWeek . September 25, 2012.
  9. Web site: Sacramento Bee Backs Prop 39 . Steven Maviglio . September 24, 2012 . The California Majority Report . September 25, 2012 . https://web.archive.org/web/20130211222912/http://camajorityreport.com/index.php?module=articles . 2013-02-11 . dead .
  10. Web site: Endorsements: Proposition 39 is a tax code fix worthy of your 'yes' vote . Editorial Board . September 23, 2012 . The Sacramento Bee . September 25, 2012 . https://web.archive.org/web/20120926022842/http://www.sacbee.com/2012/09/23/4843941/endorsements-proposition-39-is.html . 2012-09-26 . dead .
  11. Web site: Prop 39 and AB 1500: A taxing alliance . Katy Grimes . August 20, 2012 . CalWatchdog . September 25, 2012.
  12. Web site: Proposition 39 . 2012 . SmartVoter.org . September 25, 2012.
  13. Web site: Proposition 39 – Why You Should Vote Yes on the Most Boring Proposition on the 2012 Ballot . September 6, 2012 . San Diego Free Press . September 25, 2012.
  14. Web site: Mercury News editorial: California's Prop. 39 will help keep businesses here . August 9, 2012 . Silicon Valley Mercury News . September 25, 2012.
  15. Web site: KCET Presents Election 2012 . 2012 . KCET.org . September 25, 2012 . https://web.archive.org/web/20121011111849/http://www.kcet.org/news/ballotbrief/elections2012/propositions/whos-funding-prop-39-the-multistate-business-tax.html . 2012-10-11 . dead .
  16. Web site: Reconsidering the Optional Single Sales Factor . Legislative Analyst's Office . September 25, 2012.
  17. Web site: Yes on Proposition 39 . Los Angeles Times . September 27, 2012 . September 27, 2012.
  18. Web site: Senator Kevin de Leon Challenges CEOs of General Motors, Kimberly-Clark and International Paper to Public Debate on Proposition 39 . Sep 25, 2012 . MarketWatch . September 25, 2012 . November 2, 2012 . https://web.archive.org/web/20121102232339/http://www.marketwatch.com/story/senator-kevin-de-leon-challenges-ceos-of-general-motors-kimberly-clark-and-international-paper-to-public-debate-on-proposition-39-2012-09-25 . dead .
  19. Web site: John. Chiang. Controller's Appointees to Prop. 39 Citizens Oversight Board. 2014-03-19. https://web.archive.org/web/20140204005402/http://www.sco.ca.gov/eo_proposition_39_oversight_board.html. 2014-02-04. dead.
  20. "Oakland Tribune editorial: California's Prop. 39 will help keep businesses here" (August 13, 2012). Oakland Tribune.
  21. Web site: TAX TREATMENT FOR MULTISTATE BUSINESSES. CLEAN ENERGY AND ENERGY EFFICIENCY FUNDING. INITIATIVE STATUTE. . 2012 . CA.gov . September 25, 2012.
  22. Web site: Prop. 39 backers suggest California end contracts with tax foes. July 31, 2012. The Sacramento Bee. September 25, 2012. https://web.archive.org/web/20121025054338/http://blogs.sacbee.com/capitolalertlatest/2012/07/prop-39-backers-suggest-state-end-contracts-with-tax-foes.html. 2012-10-25. dead.
  23. Web site: Corporate Income Tax Apportionment and the "Single Sales Factor" . August 2012 . Institute of Taxation and Economic Policy . September 25, 2012.
  24. Web site: 40 billionaires pledge to give away half of wealth . 2012 . MSNBC . September 25, 2012 . live . https://web.archive.org/web/20121104012340/http://www.msnbc.msn.com/id/38556042/ns/us_news-giving/ . November 4, 2012 .
  25. Web site: Up against Big Oil: Tom Steyer on backing state pro-environment initiatives. August 31, 2012. Current.com. September 25, 2012. https://web.archive.org/web/20120925205248/http://current.com/shows/the-gavin-newsom-show/videos/up-against-big-oil-tom-steyer-on-backing-state-pro-environment-initiatives/. 2012-09-25. dead.
  26. Web site: The New Jersey Comeback . June 14, 2012 . State of New Jersey Governor Chris Christie . September 25, 2012.
  27. Web site: Opposition Letter to AB 1500 . April 13, 2012 . cajobsnottaxes.com . September 25, 2012 . https://web.archive.org/web/20121102180638/http://cajobsnottaxes.com/opposition-letter-to-ab-1500/ . 2012-11-02 . dead .
  28. Web site: Chrysler States it Will Not Oppose Proposition 39 . September 19, 2012 . The Sacramento Bee . September 25, 2012 .
  29. Web site: Procter & Gamble stands aside as corporate tax battle heats up . August 3, 2012 . Los Angeles Times . September 25, 2012.
  30. Web site: The Worst of Both Worlds: Understanding Why Prop 39 Is The Right Way To Go . September 29, 2012 . Beacon Economics . October 2, 2012.
  31. Web site: Mercury News editorial: California's Prop. 39 will help keep businesses here . August 9, 2012 . Mercury News. September 25, 2012.
  32. Web site: San Francisco Chamber of Commerce Announces Ballot Positions for November Presidential Election . Gwen Oldham . 2012 . San Francisco Chamber of Commerce . September 25, 2012 . https://web.archive.org/web/20130122100947/http://www.sfchamber.com/newspolicy/news/pressreleases/pr_2012_09_20.php . January 22, 2013 . dead .
  33. Web site: Tax measure gets Speaker Pérez's support . Marisa Lagos . September 14, 2012 . San Francisco Chronicle . September 25, 2012.
  34. Web site: Prop 39: Closing a Corporate Tax Loophole and Bringing Jobs Back to California . 2012 . California Labor Federation . September 25, 2012 . https://web.archive.org/web/20121004005306/http://www.calaborfed.org/index.php/site/page/prop_39_closing_a_corporate_tax_loophole_and_bringing_jobs_back_to_californ . 2012-10-04 . dead .
  35. Web site: California State Senate President pro Tem Darrell Steinberg Endorses Proposition 39 . 2012 . Yesonprop39.com . September 25, 2012 . https://archive.today/20121216143031/http://www.yesonprop39.com/california-state-senate-president-pro-tem-darrell-steinberg-endorses-proposition-39/ . 2012-12-16 . dead .
  36. Web site: 2012 Ballot Measures . September 17, 2012 . Chambers of Commerce Alliance . September 25, 2012 . April 30, 2014 . https://web.archive.org/web/20140430145832/http://www.chamberalliance.biz/Websites/chamberalliance/images/PropositionMatrix2012.pdf . dead .
  37. Web site: California Democratic Party Chairman, John Burton, Endorses Proposition 39 . September 26, 2012 . San Diego Politico . October 2, 2012.
  38. Web site: Political Blotter: About 110,000 Californians did online voter registration in first week . October 1, 2012 . Mercury News . October 2, 2012.
  39. Web site: Prop. 39 evens field for state's businesses . September 20, 2012 . The Bakersfield Californian . October 2, 2012 . https://web.archive.org/web/20121011214029/http://www.bakersfieldcalifornian.com/opinion/our-view/x371314221/Prop-39-evens-field-for-states-businesses . 2012-10-11 . dead .
  40. Web site: Contra Costa Times: Repeal Prop. 39, return business . August 14, 2012 . Monterey Herald . October 2, 2012 . https://web.archive.org/web/20120924040807/http://www.montereyherald.com/opinion/ci_21313511/contra-costa-times-repeal-prop-39-return-business . 2012-09-24 . dead .
  41. Web site: Democrat endorsements: Propositions . October 14, 2012 . Daily Democrat . October 16, 2012.
  42. Web site: EDITORIAL: Proposition 39 would close tax loophole . October 1, 2012 . The Fresno Bee . October 2, 2012 . https://web.archive.org/web/20121005002950/http://www.fresnobee.com/2012/09/23/3001748/editorial-measure-would-fix-loophole.html . 2012-10-05 . dead .
  43. Web site: Yes on Proposition 39 . September 27, 2012 . Los Angeles Times . October 2, 2012.
  44. Web site: Editorial: IJ endorsements for state Propositions 38-40 . October 13, 2012 . Marin Independent Journal . October 16, 2012 . https://web.archive.org/web/20121017003245/http://www.marinij.com/opinion/ci_21761888/editorial-ij-endorsements-state-propositions-38-40 . October 17, 2012 . dead . mdy-all .
  45. Web site: Our View: Proposition 39 shows how direct democracy should work . September 27, 2012 . Merced Sun-Star . October 16, 2012 . https://web.archive.org/web/20121009231739/http://www.mercedsunstar.com/2012/09/27/2561994/our-view-proposition-39-shows.html . October 9, 2012 . dead .
  46. Web site: Proposition 39 would fix big tax loopholes . September 27, 2012 . The Modesto Bee . October 2, 2012 . https://web.archive.org/web/20121006233733/http://www.modbee.com/2012/09/27/2392028/proposition-39-would-fix-big-tax.html . 2012-10-06 . dead .
  47. Web site: Prop. 39 will help keep businesses here . August 13, 2012 . The Oakland Tribune . October 2, 2012.
  48. Web site: Yes on 39 . October 4, 2012 . Press-Enterprise. October 16, 2012.
  49. Web site: Editorial: Close senseless tax loophole — 'Yes' on Prop. 39 . October 1, 2012 . The Redding Record Searchlight . October 2, 2012 . October 6, 2012 . https://web.archive.org/web/20121006232456/http://www.redding.com/news/2012/oct/01/editorial-close-senseless-tax-loophole-151-yes/ . dead .
  50. Web site: Sacramento Bee Backs Prop 39 . September 24, 2012 . California Majority Report . October 2, 2012 . https://web.archive.org/web/20130211222912/http://camajorityreport.com/index.php?module=articles . 2013-02-11 . dead .
  51. Web site: Proposition 39 – Why You Should Vote Yes on the Most Boring Proposition on the 2012 Ballot . September 6, 2012 . San Diego Free Press . October 2, 2012.
  52. Web site: California's Prop. 39 will help keep businesses here . August 9, 2012 . Mercury News . October 2, 2012.
  53. Web site: Endorsements 2012: State ballot measures . October 3, 2012 . San Francisco Bay Guardian . October 16, 2012.
  54. Web site: Editorial: Yes on 39; close tax loophole for multistate firms . October 3, 2012 . Santa Cruz Sentinel . October 16, 2012 . https://web.archive.org/web/20121019002702/http://www.santacruzsentinel.com/opinion/ci_21693038/editorial-yes-39-close-tax-loophole-multistate-firms . October 19, 2012 . dead . mdy-all .
  55. Web site: Editorial: No on Prop. 39. September 21, 2012 . San Francisco Chronicle. October 2, 2012.
  56. Web site: No on Prop. 39: Fix needed, but not this one . September 30, 2012 . Union Tribune San Diego . October 2, 2012.
  57. Web site: Editorial: No on Prop. 39, a $2.75 billion tax grab on Nov. 6 . September 19, 2012 . The Ventura County Star . October 2, 2012 . June 23, 2013 . https://web.archive.org/web/20130623102435/http://www.vcstar.com/news/2012/sep/19/editorial-no-on-prop-39-a-275-billion-tax-grab-6/?partner=RSS . dead .
  58. Web site: Our View: No on Prop. 39's ballot-box budget . September 30, 2012 . Pasadena Star-News . October 2, 2012 . https://web.archive.org/web/20121004023337/http://www.pasadenastarnews.com/opinions/ci_21669287/our-view-no-prop-39s-ballot-box-budget . 2012-10-04 . dead .
  59. Web site: No more ballot-box budgeting; no on Prop. 39 . September 30, 2012 . San Bernardino Sun . October 2, 2012 . https://web.archive.org/web/20121009231156/http://www.sbsun.com/editorial/ci_21666647/no-more-ballot-box-budgeting-no-prop-39 . 2012-10-09 . dead .
  60. Web site: Our View: California businesses facing new tax hikes . https://wayback.archive-it.org/all/20120522132640/http://www.appeal-democrat.com/articles/tax-116056-california-billion.html . dead . May 22, 2012 . May 10, 2012 . Appeal-Democrat . October 2, 2012 .
  61. Web site: Editorial: No on Proposition 39 . October 1, 2012 . Los Angeles Daily News . October 2, 2012 . https://web.archive.org/web/20121004020552/http://www.dailynews.com/opinions/ci_21667464/editorial-no-proposition-39 . 2012-10-04 . dead .
  62. Web site: Our View: No on Prop. 39's ballot-box budget . September 30, 2012 . San Gabriel Valley Tribune . October 2, 2012 . https://web.archive.org/web/20121004013553/http://www.sgvtribune.com/opinions/ci_21669287/our-view-no-prop-39s-ballot-box-budget . 2012-10-04 . dead .
  63. Web site: California Energy Commission − Tracking Progress. California Energy Commission. August 1, 2016.
  64. Web site: Oversight Hearing: The California Clean Energy Jobs Act (Proposition 39): Progress to Date. Senate Committee on Energy, Utilities and Communication. January 20, 2016.
  65. Web site: The California Clean Energy Jobs Act (Proposition 39) – Citizens Oversight Board. Commission. California Energy. www.energy.ca.gov. 2016-09-29.
  66. Web site: Trust in short supply as Prop. 39 gets off to slow start. Editorial Board. August 17, 2015. Sacramento Bee.
  67. Web site: Proposition 39: California Clean Energy Jobs Act, K-12 Program and Energy Conservation Assistance Act 2013-2015 Progress Report. California Energy Commission. 2016.
  68. Web site: Proposition 39: Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statue.. Legislative Analyst's Office. 2012. www.lao.ca.gov. 2016-09-29.
  69. Web site: Proposition 39: Jobs and Training for California's Workforce Center for Labor Research and Education. UC Berkeley Center for Labor Research and Education. May 1, 2013. laborcenter.berkeley.edu. 2016-09-29.
  70. Web site: Lawmakers call for oversight hearings on green jobs measure . Julia Horowitz . August 18, 2015 . Associated Press . August 18, 2015.
  71. Web site: Proposition 39. California Energy Commission. prop39publicsearch.energy.ca.gov. 2016-09-29.