BILL ANALYSIS SENATE REVENUE & TAXATION COMMITTEE Senator Jack Scott, Chair SB 430 - Vincent Amended: April 23, 2001 Tax Levy Hearing: April 25, 2001 Fiscal: Yes SUBJECT: Provides a 100% credit, up to $100, for spaying and neutering of pets. EXISTING LAW Provides various tax credits designed to provide tax relief for taxpayers who incur certain expenses such as adoption or to influence behavior such as business practices and decisions. These credits generally are designed to provide incentive for taxpayers to perform various actions or activities that they may not otherwise undertake. There is no existing law that provides any type of tax benefit for spaying and neutering an animal. THIS BILL Provides a credit for the cost of spaying or neutering a cat or dog that is purchased or adopted by a taxpayer. Costs are limited to the actual costs of the spaying or neutering operation and cannot exceed $100 per dog or cat, specifically: Allows the credit for a dog or cat purchased from a breeder or pet store located in the State or purchased or adopted from an animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group. Requires the dog or cat to be adopted or purchased after January 1, 2001 and before January 1, 2006. Defines a breeder as a person who breeds a dog that is registered with the American Kennel Club or a cat that is registered with either the International Cat Association, the Canadian Cat Association, or the Cat Fanciers' Association. SB 430-Vincent Page Requires the taxpayer to provide the Franchise Tax Board with an adoption certificate or receipt of purchase, a certificate of spaying or neutering from a licensed veterinarian, and a delineation of costs. Allows any unused credit to be carried over for eight years. Sunsets this program on January 1, 2006. As a tax levy, becomes effective immediately. FISCAL EFFECT: According to the Franchise Tax Board, the projected amount of revenue loss associated with this bill is approximately $7 million annually, beginning in 2001-02. COMMENTS: A. Purpose of the bill According to the supporters of this bill, the tax credit provides a new way to encourage people to spay and neuter their dogs and cats. "We believe that this will be one more step forward toward solving the problem described as 'too many pets, not enough homes.'" B. Background The projected number of animals adopted from an animal shelter or nonprofit animal welfare organization in California in 2002 is approximately 200,000. The approximate number of pets purchased from private breeders, based on an estimate by the American Kennel Club is 70,000 annually. The average cost of a spay or neuter procedure is $30. The American Society for Prevention of Cruelty to Animal's (ASPCA) stated policy is to "spay or neuter all SB 430-Vincent Page animals available for adoption in order to control pet overpopulation." Many local SPCA's offer "Litter Free Spay Projects" that make spaying or neutering available at no charge to people who could not otherwise afford it: seniors on fixed incomes, referrals by local social service agencies. This bill does not apply to pets acquired from friends or found as strays. According to SEAACA, statistics have shown that these are the main source of pets in the home. Statistics on pet overpopulation: in seven years, a female cat and her offspring can produce 420,000 kittens; a female dog and her offspring can produce 67,000 puppies in six years. One in five of these animals will be placed in a home. C. Unrestrained Growth This bill does not target a specific group, such as low-income people, as tax credits often do. The credit proposed in this bill could become a credit for people who do not need it. Additionally, exact numbers are not known on pet adoptions in this state. Although FTB uses the best available data, it is possible that this bill would have a larger than anticipated General Fund Impact. D. Retroactive Incentive? The bill would allow the credit to be claimed for spaying and neutering expenses starting with the 2001 taxable year. The bill should probably be amended to apply to costs incurred on or after the effective date of the bill, since any expenses incurred before that date presumably did not need this additional incentive. SB 430-Vincent Page Support and Opposition Support:SEAACA (if amended) Contra Costa Humane Society Doris Day Animal League Pets in Need Pet Industry Joint Advisory Committee (PIJAC) California Federation for Animal Legislation ------------------------------ Consultant: Gayle Miller 04/26/:1 09:57