BILL ANALYSIS                                                                                                                                                                                                    




            SENATE REVENUE & TAXATION COMMITTEE

            Senator Jenny Oropeza, Chair

                                                   AB 2291 - Mendoza

                                                 Amended: June 18, 2008

                                                                       

            Hearing: June 25, 2008                          Fiscal: YES




            SUMMARY: Adds the Low Cost/Free Spay-Neuter Fund as a  
                      Voluntary Contribution on the Personal Income Tax  
                      Form


                      

                 EXISTING LAW allows taxpayers to contribute (not tax  
            liabilities) to one or more of the 11 voluntary  
            contribution funds listed on the state personal income tax  
            return.

                 Each voluntary contribution fund must meet a minimum  
            annual contribution of $250,000.  The minimum contribution  
            amount does not apply to the California Seniors Special  
            Fund, the California Firefighters Memorial Fund, and the  
            California Peace Officer Foundation Memorial Fund. This  
            minimum contribution amount is adjusted annually for  
            inflation for all voluntary contribution funds, except for  
            those referenced above, and the California Fund for Senior  
            Citizens.  Except for the California Seniors Special Fund,  
            each voluntary contribution fund has a sunset date.

                 THIS BILL creates the Low Cost/Free Spay-Neuter Fund  
            as a voluntary contribution on the PIT form.  This fund has  
            a sunset date of fifth taxable year after which the fund  
            appears on the PIT form.  Additionally, this fund has a  
            minimum contribution amount of $250,000, which is adjusted  
            annually for inflation.  The bill repeals the fund if its  








                                                        AB 2291 -Mendoza

                                                                  Page 3
            

            contributions fail to meet the minimum contribution amount.  
             The bill provides for the reimbursement of the costs  
            incurred by the Franchise Tax Board to administer fund.   
            Lastly, the bill provides a grant process for the  
            Department of Food and Agriculture to distribute funds to  
            eligible municipal animal shelters.  An eligible municipal  
            shelter is any city or county animal control agency or  
            shelter current on its reporting requirements to the State  
            Department of Public Health, Veterinary Public Health  
            Section and offers spay and neuter services for dogs and  
            cats owned by individual members of the public.  Special  
            consideration and priority shall be given to eligible  
            shelters that offer free or low cost spay and neuter  
            services programs targeted to low to moderate income  
            communities and individuals.


            FISCAL EFFECT: 

                 The Franchise Tax Board (FTB) estimates no fiscal  
            impact for fiscal year 2008-09 and revenue losses of less  
            than $150,000 in fiscal years 2009-10 and 2010-11.




            COMMENTS:


            A.   Purpose of the Bill

                 According to the author, "AB 2291 would create the  
            "Low Cost/Free Spay-Neuter Fund" and place a check-off box  
            on the State Income Tax Form for taxpayers to voluntarily  
            donate to this fund.  Each year almost one million healthy  
            dogs and cats are born in California.  Many of these  
            animals find themselves without a home and are  
            unfortunately euthanized.  One way to help ease this  
            problem is by encouraging people to spay or neuter their  
            animals.  We know that one major hurdle to this effort is  
            the cost of Spay-Neuter services.  Currently, sterilization  
            of cats can range from $60 to $150 while the costs for dogs  








                                                        AB 2291 -Mendoza

                                                                  Page 3
            

            can range from $200 - $450.  For lower income Californians  
            this is a difficult expenditure.  Studies show the primary  
            reasons people do not sterilize their pets are cost and  
            lack of access to spay/neuter services.  The higher the  
            cost, the lower the rate of compliance will be.  The "Low  
            Cost/Free Spay-Neuter Fund" would allow willing  
            Californians to donate money to help increase access to  
            Spay-Neuter services for low income Californians."

                 B.   Grants
                 AB 2291 provides grants to city and county animal  
            shelters.  To be eligible for the funds, a municipal  
            shelter must offer spay and neuter services to individual  
            members of the public.  Priority and special consideration  
            is given to those shelters that offer free or low cost spay  
            and neuter programs targeted to low-to moderate-income  
            communities and individuals.  Shelters may not use any  
            grant funds to spay or neuter any impounded animal.
                 

            C.   Enough Room?
                 Currently there are eleven voluntary contribution  
            funds.  In addition to this bill, three other bills create  
            new voluntary contribution funds and three extend a sunset.  
             Those other bills are as follows:

                 AB 1812 (Arambula), extends the sunset date for the  
            California Firefighters' Memorial Fund and the California  
            Peace Officers Memorial Fund now pending in  Senate  
            Appropriations

                 AB 1935 (Fuller), creates the California Ovarian  
            Research Fund now pending in Senate Appropriations

                 AB 2518 (Torrico), creates the California Cancer  
            Research Center Fund now                                
            pending in Senate Appropriations

                 AB 3016 (Cook) modifies and extends the California  
            Military Family Relief Fund now pending in Senate Veterans'  
            Affairs









                                                        AB 2291 -Mendoza

                                                                  Page 3
            

                 SB 1101 (Cedillo), extends the sunset on the Emergency  
            Food Assistance                                         
            Program Fund now pending in Assembly Appropriations

                 SB 1502 (Steinberg), creates the ALS/Lou Gehrig fund  
            now is pending in the Assembly Revenue and Taxation  
            Committee

                 









































                                                        AB 2291 -Mendoza

                                                                  Page 3
            

                 The Franchise Tax Board can accommodate the new  
            voluntary contribution funds and add the California Cancer  
            Research Fund.  Furthermore, AB 2291 provides queuing  
            language to ensure that the new voluntary contribution may  
            not be added until another voluntary contribution is  
            removed from the form.


            D.   Many Good Causes

                 In the past, the Committee has expressed concern that  
            countless worthy causes may be funded by tax check-offs.   
            The Committee has stated that the current check-off system  
            forces them to choose between worthy charities and  
            non-profits for a spot on the tax return.  The current  
            system remains subjective and is limited to those  
            organizations that can convince the Legislature to include  
            them on the form.  Additionally, taxpayers may currently  
            contribute portions of their refunds to worthy  
            organizations.  Taxpayers may also claim a deduction for  
            charitable contributions.  The Committee may wish to  
            consider whether the state should use the tax code to  
            encourage contributions to certain charitable  
            organizations.



            E.   2007 Check-Offs

                 Contributions to voluntary funds in 2007 were as  
            follows:


                                          

             ----------------------------------------------------- 
            |                          |                          |
            |  Voluntary Contribution  |    2007 Contributions    |
            |           Fund           |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |








                                                        AB 2291 -Mendoza

                                                                  Page 3
            

            |  California Alzheimer's  |         $485,401         |
            |      Research Fund       |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            | California Breast Cancer |         $571,855         |
            |      Research Fund       |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            | California Firefighters' |         $213,236         |
            |      Memorial Fund       |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            |   California Fund for    |         $264,645         |
            |     Senior Citizens      |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            | California Peace Officer |         $166,602         |
            | Memorial Foundation Fund |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            |California Sea Otter Fund |         $42,956          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            |    California Seniors    |         $47,679          |
            |       Special Fund       |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            |Emergency Food Assistance |         $391,023         |
            |       Program Fund       |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            |   Rare and Endangered    |         $572,043         |
            |   Species Preservation   |                          |
            |         Program          |                          |








                                                        AB 2291 -Mendoza

                                                                  Page 3
            

            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            |  State Children's Trust  |         $499,827         |
            |  for the Prevention of   |                          |
            |       Child Abuse        |                          |
            |                          |                          |
            |--------------------------+--------------------------|
            |                          |                          |
            |   California Military    |         $260,878         |
            |    Family Relief Fund    |                          |
            |                          |                          |
             ----------------------------------------------------- 
                 


            Support and Opposition

                 Support:California Federation for Animal Legislation

                        California Outdoor Heritage Alliance

                        South Bay Collie Fanciers, Inc.

                        United Animal Nations

                        Pembroke Welsh Corgi Club of Southern  
            California

                        Golden Gate Pembroke Welsh Corgi Fanciers, Inc.

                        Working Riensenschnauzer Federation

                        Atherton Acres

                        San Lorenzo Dog Training Club, Inc.

                        Animal Switchboard

                        American Society for the Prevention of Cruelty  
            to Animals









                                                        AB 2291 -Mendoza

                                                                  Page 3
            

                        American Kennel Club

                        California Animal Association

                        Northern California Pug Club

                        Irish Terrier Club of America

                        Yorkshire Terrier Club of Los Angeles

                        Cairn Terrier Club of Northern California

                        NORCAL Golden Retriever Club

                        Redwood Belgian Tervuren Fanciers

                        Portuguese Water Dog Club of Northern  
            California

                        California Outdoor Heritage Alliance

                        California Animal Association

                        7 Individuals



                 Oppose:Animal Issues Movement

                        PetPAC



            ---------------------------------

            Consultant: Brendan P. Hughes














                                                        AB 2291 -Mendoza

                                                                  Page 3