BILL NUMBER: AB 28	CHAPTERED
	BILL TEXT

	CHAPTER  486
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2007
	APPROVED BY GOVERNOR  OCTOBER 11, 2007
	PASSED THE SENATE  SEPTEMBER 4, 2007
	PASSED THE ASSEMBLY  APRIL 12, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Huffman
   (Coauthors: Assembly Members Adams, Benoit, Caballero, Davis,
DeSaulnier, DeVore, Horton, Krekorian, Laird, Lieu, Ma, Mendoza,
Mullin, Portantino, Solorio, and Sharon Runner)
   (Coauthor: Senator Romero)

                        DECEMBER 4, 2006

   An act to amend Section 18796 of the Revenue and Taxation Code,
relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 28, Huffman. Personal income taxes: contributions: California
Breast Cancer Research Fund.
   The Personal Income Tax Law allows taxpayers, until January 1,
2008, to designate on their tax returns that a specified amount in
excess of their tax liability be contributed to the California Breast
Cancer Research Fund.
   This bill would extend the operation of those provisions until
January 1, 2013.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18796 of the Revenue and Taxation Code is
amended to read:
   18796.  (a) This article shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2013, deletes that date.
   (b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Breast Cancer Research
Fund appears on a tax return, the Franchise Tax Board shall do all of
the following:
   (A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
   (B) Provide written notification to the University of California
of the amount determined in subparagraph (A).
   (C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of the contributions to be received by
using the actual amounts received and an estimate of the
contributions that will be received by the end of that calendar year.

   (2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
   (3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 1997 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
   (c) For each calendar year, beginning with calendar year 1998, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
   (1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year 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 that are 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.