BILL NUMBER: AB 2085 CHAPTERED 09/29/06 CHAPTER 607 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN ASSEMBLY APRIL 4, 2006 INTRODUCED BY Assembly Member Parra FEBRUARY 17, 2006 An act to amend Section 18707 of the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST AB 2085, Parra Income taxes: designations: California Military Family Relief Fund. Under existing Personal Income Tax Law, taxpayers are allowed to designate on their tax returns that a specified amount in excess of their tax liability be transferred to the California Military Family Relief Fund. Upon appropriation by the Legislature, the moneys in this fund are to be allocated to the Military Department to provide financial aid grants to eligible members of the California National Guard who are California residents, who have been called to active duty for at least 100 consecutive days, and whose military salary has decreased by 30% or more from the member's civilian salary. This bill would instead require a member to have been called to active duty for at least 60 consecutive days, and would require either that the member's salary, combined with any ongoing partial receipt of civilian salary, to have decreased by 10% or more from the member's civilian salary, or the household income of the member's family to have decreased by 10% or more from the member's household income prior to deployment, in order for the member to be eligible to receive a grant. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18707 of the Revenue and Taxation Code is amended to read: 18707. All money transferred to the California Military Family Relief Fund, upon appropriation by the Legislature, shall be allocated as follows: (a) To the Franchise Tax Board and the Controller for reimbursement of all costs incurred by the Franchise Tax Board and the Controller in connection with their duties under this article. (b) (1) To the Military Department for the establishment of financial aid grants to members of the California National Guard who are California residents, who have been called to active duty. The Military Department shall establish eligibility criteria for the grants. (2) In addition to criteria established by the Military Department pursuant to paragraph (1), members of the California National Guard who are California residents shall show proof of all of the following to be eligible to receive a grant: (A) Membership in the California National Guard. (B) Residency in California. (C) Deployment to active duty for at least 60 consecutive days. (D) The military salary of the member, combined with any ongoing partial receipt of civilian salary, has decreased by 10 percent or more from the member's civilian salary, or the household income of the member's family has decreased by 10 percent or more from the member's household income prior to deployment. (3) Grants awarded pursuant to this article may only be used for any of the following: food, housing, child care, utilities, medical services, medical prescriptions, insurance, and vehicle related payments. (4) Members of the California National Guard who are California residents may not be eligible to receive a grant if the member receives a punitive discharge or an administrative discharge with service characterized as under other than honorable conditions.