BILL ANALYSIS AB 658 Page 1 ASSEMBLY THIRD READING AB 658 (Hayashi) As Amended January 13, 2010 Majority vote. REVENUE & TAXATION 8-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Charles Calderon, Beall, |Ayes:|De Leon, Conway, Ammiano, | | |Coto, Harkey, Ma, | |Bradford, Charles | | |Nestande, Portantino, | |Calderon, Coto, Davis, | | |Fong | |Fuentes, Hall, Harkey, | | | | |Miller, Nielsen, John A. | | | | |Perez, Skinner, Solorio, | | | | |Audra Strickland, | | | | |Torlakson | | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes the addition of the California Police Activities League (CALPAL) Fund (Fund) checkoff to the personal income tax (PIT) form upon the removal of another voluntary contribution fund (VCF) from the form. Specifically, this bill : 1)Establishes the Fund in the State Treasury. 2)Provides that all moneys transferred to the Fund, upon appropriation by the Legislature, shall be allocated as follows: a) To the Franchise Tax Board (FTB) and the State Controller for reimbursement of costs incurred in administering the checkoff; and, b) To the State Controller for allocation to the CALPAL to fund its programs and services. 3)Requires FTB to produce an annual report of Fund moneys received, by ZIP code. The state CALPAL shall use this report to allocate contributions received directly to county CALPAL chapters based on the ZIP code of where the taxpayer contributions was made. A contribution made by a taxpayer who is located in a ZIP code that does not have a CALPAL chapter shall be allocated on a pro rata basis to all the CALPAL chapters. AB 658 Page 2 4)Provides for the Fund provisions' automatic repeal on either January 1 of the fifth taxable year following the Fund's first appearance on the tax return, or on January 1 of an earlier year, if FTB estimates that the annual contribution amount will be less than $250,000, or an adjusted amount for subsequent years. EXISTING LAW : 1)Allows taxpayers to designate on their PIT returns a contribution to any of 15 VCFs. 2)Provides a specific sunset date for each VCF, except the California Seniors Special Fund. 3)Provides that each VCF must meet a minimum annual contribution amount to remain in effect, except for the California Seniors Special Fund, the California Firefighters' Memorial Fund, and the California Peace Officer Memorial Foundation Fund. FISCAL EFFECT : Assuming the Fund is added to the 2010 return, FTB estimates revenue losses, resulting from contribution deductions, to be roughly 15,000 per year. COMMENTS : The author states, "AB 658 allows individuals to designate charitable contributions directly to CALPAL chapters by checking off a box on their personal income tax returns. Local CALPAL chapters are community-based organizations started and operated through the voluntary efforts of concerned law enforcement officers. CALPAL chapters receive no state funding and rely exclusively on donors for financial sustainability. AB 658 would establish another funding source for CALPAL to financially help sustain its operations." The author goes on to state, "More than 100,000 California children . . . benefit each year from the 'Cops & Kids' connection program that connects local law enforcement officers, paid staff, and volunteers with youth. CALPAL personnel and volunteers serve as role models, coaches, tutors, mentors, chaperones and program managers. CALPAL's mission is to build relationships between law enforcement personnel and community residents, with attention spent on youth considered to be at-risk in becoming involved in gangs and crime. CALPAL is the state's largest juvenile crime prevention program, with 125 local CALPAL chapters." AB 658 Page 3 Committee Staff Comments: 1)CALPAL: The California Police Activities League or CALPAL is a 501(c)(3) nonprofit organization founded over 35 years ago by a group of police officers. Based in San Leandro, CALPAL works to strengthen the connections between law enforcement officers and the communities they serve, by providing youth programs that develop discipline, positive self-image, mutual trust, and respect. 2)Related legislation: There is at least one other bill in the current legislative session that would add a new VCF to the PIT return. Specifically, AB 1088 (Fletcher) would create the California Veterans Homes Fund to provide an additional funding source for veterans' homes. AB 1088 (Fletcher) is currently on the Assembly Floor. Analysis Prepared by : M. David Ruff / REV. & TAX / (916) 319-2098 FN: 0003595