BILL NUMBER: AB 1508 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 16, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Torrico
FEBRUARY 27, 2009
An act to add and repeal Sections 17052.55 and 23655
to of the Revenue and Taxation Code,
relating to taxation, to take effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1508, as amended, Torrico. Income and corporation taxes:
credit: lending employees to schools.
The Personal Income Tax Law and the Corporation Tax Law authorize
various credits against the taxes imposed by those laws.
This bill would , for taxable years beginning on or after
January 1, 2010, and before January 1, 2013, allow a credit
under both laws in an amount equal to an unspecified
25% of the amount of qualified expenses paid
, not to exceed a specified amount, or incurred in
connection with lending a qualified employee to a Title I public
school, as defined, for the purpose of assisting in the teaching of
mathematics or science , as provided .
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17052.55 is added to the Revenue and Taxation
Code, to read:
17052.55. (a) For each taxable year beginning on or after January
1, 2010, and before January 1, 2013, there shall be
allowed as a credit against the "net tax," as defined in Section
17039, an amount equal to ____ 25
percent of the amount paid or incurred during the taxable year for
qualified expenses in connection with lending a qualified employee to
a Title I public school for the purpose of assisting in the teaching
of mathematics and science.
(b) For purposes of this section:
(1) "Qualified expenses" means both of the following:
(A) Amounts paid or incurred by the taxpayer with respect to
expenses incurred by or on behalf of a taxpayer's employee for the
amount of compensated hours utilized for lending a qualified employee
to a Title I public school for the purpose of assisting in the
teaching of mathematics and science.
(B) Expenses paid or incurred by the taxpayer for the wages of a
qualified employee, to the extent those wages are allocable to
teaching.
(A) Qualified employee expenses paid by the taxpayer associated
with assisting in the teaching of mathematics and science at a Title
I public school, limited to expenses for teaching supplies, class
materials, and equipment.
(B) Qualified employee wages paid by the taxpayer for time spent
in a classroom assisting in the teaching of mathematics and science
at a Title I public school.
(2) "Qualified employee" means an employee whose employment
specialty includes mathematics or science.
(3) "Title I public school" means any high school in the state
that is a part of a public school district in which at least 40
percent of the children in the school attendance area are from
low-income families or at least 40 percent of the students enrolled
are from low-income families eligible to receive federal Title I
funds.
(4) "Mathematics" means instruction designed to develop fluency in
basic computational skills and an understanding of mathematical
concepts and mathematical reasoning and problem solving, including,
but not limited to, number sense, algebraic functions, geometry and
other measurement functions, statistics, data analysis, probability
analysis, and quantitative concepts. "Mathematics" includes, but is
not limited to, courses in algebra I, algebra II, linear algebra,
calculus, geometry, trigonometry, mathematical analysis, probability
and statistics, and advanced probability and statistics.
(5) "Science" means instruction designed to develop skills and
procedures for the systematic pursuit of knowledge that includes, but
is not limited to, problem solving and recognition, the collection
of data through observation and experiment, and the formulation and
testing of hypotheses. "Science" includes, but is not limited to,
courses in biology, life science, physical science, physics,
chemistry, geoscience, health science, and computer science.
(c) A credit shall be allowed under this section only if a
school district governing board certifies by resolution that the
employee is qualified to assist in the teaching of mathematics and
science, prior to the employee beginning to assist in the teaching of
mathematics and science, and a Title I public school issues a
service record to the taxpayer certifying receipt of the services and
compliance with the requirements of subdivision (e). That service
record shall contain the employee's name, dates of teaching service,
number of teaching hours, verification of the employee's
eminence credential, or eligibility for the issuance thereof,
hours, and a verification signature from an
authorized agent or designee of the high school.
(d) No deduction shall be allowed to a taxpayer for that amount of
qualified expenses for which a credit is allowed to that
taxpayer under this section.
(e) No credit shall be allowed under this section with respect to
the lending of a qualified employee to a high school unless both of
the following apply:
(1) The employee does not supplant, or otherwise replace, any
teacher at the school.
(2) The taxpayer makes charitable donations
contributions including, but not limited to, classroom
materials, resources, equipment, and or
facilities.
(f) The maximum amount allowable as a credit to the taxpayer
for qualified expenses shall be based on ____ percent
of not exceed the total amount of charitable
contributions made by the taxpayer to the school for that
taxable year.
(g) In the case where the credit allowed by this section exceeds
the "net tax," the excess may be carried over to reduce the "net tax"
in the following year, and the succeeding seven years if necessary,
until the credit is exhausted.
(h) By November 1, 2012, the Legislative Analyst's Office shall
submit a report to the Legislature, including the Chairpersons of the
Assembly and Senate Education Committees and the Chairpersons of the
Assembly and Senate Revenue and Taxation Committees, on the
evaluation of the tax credit established pursuant to this section,
including, but not necessarily limited to, the number of taxpayer's
utilizing the tax credit, the identity of those taxpayers, and the
total dollar amount of tax credits issued per year.
(i) This section shall remain in effect only until December 1,
2013, and as of that date is repealed.
SEC. 2. Section 23655 is added to the Revenue and Taxation Code,
to read:
23655. (a) For each taxable year beginning on or after January 1,
2010, and before January 1, 2013, there shall be allowed
as a credit against the "tax," as defined in Section 23036, an amount
equal to ____ 25 percent of the amount
paid or incurred during the taxable year for qualified expenses in
connection with lending a qualified employee to a Title I public
school for the purpose of assisting in the teaching of mathematics
and science.
(b) For purposes of this section:
(1) "Qualified expenses" means both of the following:
(A) Amounts paid or incurred by the taxpayer with respect to
expenses incurred by or on behalf of a taxpayer's employee for the
amount of compensated hours utilized for lending a qualified employee
to a Title I public school for the purpose of assisting in the
teaching of mathematics and science.
(B) Expenses paid or incurred by the taxpayer for the wages of a
qualified employee, to the extent those wages are allocable to
teaching.
(A) Qualified employee expenses paid by the taxpayer associated
with assisting in the teaching of mathematics and science at a Title
I public school, limited to expenses for teaching supplies, class
materials, and equipment.
(B) Qualified employee wages paid by the taxpayer for time spent
in a classroom assisting in the teaching of mathematics and science
at a Title I public school.
(2) "Qualified employee" means an employee whose employment
specialty includes mathematics or science.
(3) "Title I public school" means any high school in the state
that is a part of a public school district in which at least 40
percent of the children in the school attendance area are from
low-income families or at least 40 percent of the students enrolled
are from low-income families eligible to receive federal Title I
funds.
(4) "Mathematics" means instruction designed to develop fluency in
basic computational skills and an understanding of mathematical
concepts and mathematical reasoning and problem solving, including,
but not limited to, number sense, algebraic functions, geometry and
other measurement functions, statistics, data analysis, probability
analysis, and quantitative concepts. "Mathematics" includes, but is
not limited to, courses in algebra I, algebra II, linear algebra,
calculus, geometry, trigonometry, mathematical analysis, probability
and statistics, and advanced probability and statistics.
(5) "Science" means instruction designed to develop skills and
procedures for the systematic pursuit of knowledge that includes, but
is not limited to, problem solving and recognition, the collection
of data through observation and experiment, and the formulation and
testing of hypotheses. "Science" includes, but is not limited to,
courses in biology, life science, physical science, physics,
chemistry, geoscience, health science, and computer science.
(c) A credit shall be allowed under this section only if a
school district governing board certifies by resolution that the
employee is qualified to assist in the teaching of mathematics and
science, prior to the employee beginning to assist in the teaching of
mathematics and science, and a Title I public school issues a
service record to the taxpayer certifying receipt of the services and
compliance with the requirements of subdivision (e). That service
record shall contain the employee's name, dates of teaching service,
number of teaching hours, verification of the employee's
eminence credential, or eligibility for the issuance thereof,
hours, and a verification signature from an
authorized agent or designee of the high school.
(d) No deduction shall be allowed to a taxpayer for that amount of
qualified expenses for which a credit is allowed to that
taxpayer under this section.
(e) No credit shall be allowed under this section with respect to
the lending of a qualified employee to a high school unless both of
the following apply:
(1) The employee does not supplant, or otherwise replace, any
teacher at the school.
(2) The taxpayer makes charitable donations
contributions including, but not limited to, classroom
materials, resources, equipment, and or
facilities.
(f) The maximum amount allowable as a credit to the taxpayer
for qualified expenses shall be based on ____ percent
of not exceed the total amount of charitable
contributions made by the taxpayer to the school for that
taxable year.
(g) In the case where the credit allowed by this section exceeds
the "tax," the excess may be carried over to reduce the "tax" in the
following year, and the succeeding seven years if necessary, until
the credit is exhausted.
(h) By November 1, 2012, the Legislative Analyst's Office shall
submit a report to the Legislature, including the Chairpersons of the
Assembly and Senate Education Committees and the Chairpersons of the
Assembly and Senate Revenue and Taxation Committees, on the
evaluation of the tax credit established pursuant to this section,
including, but not necessarily limited to, the number of taxpayer's
utilizing the tax credit, the identity of those taxpayers, and the
total dollar amount of tax credits issued per year.
(i) This section shall remain in effect only until December 1,
2013, and as of that date is repealed.
SEC. 3. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.
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CORRECTIONS Text--Page 6.
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