BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1088
                                                                  Page  1

          Date of Hearing:   January 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 1088 (Fletcher) - As Amended:  January 11, 2010 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            5-0
                       Veterans Affairs                       8-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill reinstates (under a new name) a voluntary contribution  
          fund that fell below minimum contribution requirements and thus  
          was removed from state income tax returns in 2007. Specifically,  
          the bill:

          1)Adds the California Veterans Fund to the list of voluntary  
            contribution funds included on the personal income tax form.

          2)Provides that the new fund will be included on the return upon  
            removal of an existing fund, and will remain on the form for  
            five years unless contributions fall below $250,000 per year.

          3)Requires the California Department of Veterans Affairs (CDVA)  
            to allocate the funds to the administrators of veterans' homes  
            for the support of veterans' home services.

           FISCAL EFFECT  

          1)The contributions may be taken as an itemized deduction on  
            income tax returns. The Franchise Tax Board estimates that the  
            annual revenue losses from these deductions would be about  
            $15,000.

          2)Administrative costs will be deducted from the contribution  
            proceeds.

           COMMENTS

          1)Rationale  . The bill is intended to provide additional funding  








                                                                  AB 1088
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            for veterans home programs.  The author notes that, with five  
            new California Veterans Homes set to be built, present funding  
            for veterans' home programs is being stretched thin.

           2)Background-voluntary contribution funds (VCFs)  . California  
            taxpayers can make voluntary contributions to any of 15 funds  
            listed on the state personal income tax return. The  
            contributions are in addition to any tax liabilities otherwise  
            owed. Thus, they do not directly reduce state taxes otherwise  
            available to support state-funded programs in the year in  
            which they are made. However, the amounts are allowed as an  
            itemized deduction for charitable contributions on the  
            subsequent year's income tax return. These voluntary  
            contributions support various purposes, including cancer  
            research, endangered species preservation, and emergency food  
            assistance. Contributions to most VCFs have historically  
            ranged from $300,000 to $800,000 per year. All but one VCF  
            (the California Seniors Special Fund) have sunset dates, and  
            most must meet a minimum annual contribution to remain on the  
            return.

           3)Second try  . AB 357 (Horton), Chapter 143, Statutes of 2005,  
            authorized the addition of a virtually identical VCF called  
            the Veterans' Quality of Life Fund to augment the amount of  
            money available to the state's veterans' homes.  The Veterans'  
            Quality of Life Fund appeared on the 2005 and 2006 tax  
            returns. For tax years beginning on or after January 1, 2007,  
            the fund needed to meet a minimum contribution threshold of  
            $250,000 but failed to do so (receiving less than $170,000 in  
            each of its first two years), and as a result, the fund ceased  
            to be operative. It is not clear whether anything has changed  
            that would lead to higher contribution levels in the future.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081