BILL NUMBER: SB 43 CHAPTERED 09/05/03 CHAPTER 317 FILED WITH SECRETARY OF STATE SEPTEMBER 5, 2003 APPROVED BY GOVERNOR SEPTEMBER 4, 2003 PASSED THE SENATE AUGUST 27, 2003 PASSED THE ASSEMBLY AUGUST 21, 2003 AMENDED IN ASSEMBLY MAY 27, 2003 AMENDED IN SENATE MARCH 20, 2003 INTRODUCED BY Senator Cedillo (Coauthors: Senators Denham, Ducheny, Kuehl, McPherson, Romero, Soto, Torlakson, and Vasconcellos) (Coauthors: Assembly Members Bermudez, Chan, Chavez, Diaz, Frommer, Hancock, Jerome Horton, Koretz, Laird, Maze, Montanez, Mullin, Nunez, Reyes, and Yee) JANUARY 7, 2003 An act to amend Section 18855 of the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST SB 43, Cedillo. Taxpayer contributions: Emergency Food Assistance Program Fund. Provisions relating to the administration of personal income taxes allow individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. Under existing law, taxpayers are allowed, for taxable years beginning on or after January 1, 1999, and before January 1, 2004, to designate on their tax returns that a specified amount in excess of their tax liability be transferred to the Emergency Food Assistance Program Fund. The fund is subject to appropriation by the Legislature, as specified. This bill would extend the operation of these provisions until January 1, 2009. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18855 of the Revenue and Taxation Code is amended to read: 18855. (a) This article shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2009, deletes or extends that date. (b) If, in any calendar year, the Franchise Tax Board estimates by September 1 that contributions described in this article made on returns filed in that calendar year will be less than two hundred fifty thousand dollars ($250,000) for taxable years beginning in 1999, or the adjusted amount specified in subdivision (c) for subsequent taxable years, as may be applicable, then this article is repealed with respect to taxable years beginning on or after January 1 of that calendar year. The Franchise Tax Board shall estimate the annual contribution amount by September 1 of each year using the actual amounts known to be contributed and an estimate of the remaining year's contributions. (c) For each calendar year, beginning with calendar year 2000, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows: (1) The minimum estimated contribution amount for the calendar year shall be an amount equal to the product of the minimum estimated contribution amount for the prior September 1 multiplied by the inflation factor adjustment as specified in paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. (2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. (d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.