BILL ANALYSIS                                                                                                                                                                                                    Ó




                                    REVISED

                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  AB 233                      HEARING:  7/3/12
          AUTHOR:  Hall                         FISCAL:  Yes
          VERSION: 6/29/11                      TAX LEVY: No
          CONSULTANT:  Miller                   

                          YMCA VOLUNTARY CONTRIBUTIONS
          

             Creates the California YMCA Youth and Government Fund 
                            (income tax check off).


                           Background and Existing Law  

          Existing state law allows taxpayers to contribute money to 
          one or more of 15 voluntary contribution funds (VCFs or 
          check-offs) by checking a box on their state income tax 
          return.  California law requires contributions made through 
          check-offs to be made from taxpayers' own resources and not 
          from their tax liability, as is possible on federal tax 
          returns.  Check-off amounts may be claimed as charitable 
          contributions on taxpayers' tax returns during the 
          subsequent year.

          The Franchise Tax Board (FTB) designs tax returns to 
          provide for the designation of contributions to specified 
          funds either on the return itself or on a separate schedule 
          that must be attached to the return.  With a few 
          exceptions, VCFs remain on the return until they are either 
          repealed or fail to meet their minimum contribution amount. 
           The minimum contribution amounts are adjusted annually for 
          inflation.  For most VCFs, the minimum contribution amount 
          is $250,000 in the fund's second year.  By September 1st of 
          each year, the FTB must determine the minimum contribution 
          amount required for each fund to remain on the form for the 
          following calendar year and whether estimated contributions 
          to each fund will be less than the minimum contribution 
          amount for that calendar year.  If the FTB estimates that a 
          fund will fail to meet the minimum contribution amount, 
          that fund is repealed effective for taxable years beginning 
          on or after January 1st of the following calendar year. 





          AB 233 -- 6/29/11 -- Page 2



          Except for the California Senior Legislature (which is 
          fully funded by the check off and operates in concert with 
          the Legislature), the proceeds from the check-offs either 
          go to quasi-government organizations or to non-profits as a 
          competitive grant. The following list provides the current 
          information on all the check offs as well as how many 
          groups are eligible to receive the funds.


           ------------------------------------------------------------ 
          |Check Off            |Amount      |Number of Groups that    |
          |                     |Earned      |receive funds            |
          |---------------------+------------+-------------------------|
          |ALS/Lou Gehrig's     |Initial Tax |As many as apply and     |
          |Disease Research     |Return 2011 |receive grants that are  |
          |Fund                 |            |provided for by the      |
          |                     |            |monies contributed.      |
          |---------------------+------------+-------------------------|
          |Alzheimer's          |$462,357    |As many as contract or   |
          |Disease/Related      |            |receive grants provided  |
          |Disorders Fund       |            |by the monies            |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |Arts Council Fund    |$164,298    |As many as apply and     |
          |                     |            |receive grants provided  |
          |                     |            |by the monies            |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |CA Breast Cancer     |$459,694    |As many as apply and     |
          |Research Fund        |            |receive grants provided  |
          |                     |            |from the monies          |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |CA Cancer Research   |$451,042    |As many as apply and     |
          |Fund                 |            |receive grants provided  |
          |                     |            |from the monies          |
          |                     |            |contributed              |
          |---------------------+------------+-------------------------|
          |CA Firefighters'     |$157,166    |1 Group: California Fire |
          |Memorial Fund        |            |Foundation               |
          |---------------------+------------+-------------------------|
          |CA Fund for Senior   |$308,763    |1 Group: California      |
          |Citizens             |            |Senior Legislature       |
          |---------------------+------------+-------------------------|
          |CA Peace Officer     |$137,782    |1 Group: California      |
          |Memorial Foundation  |            |Peace Officer Memorial   |





          AB 233 -- 6/29/11 -- Page 3



          |Fund                 |            |Commission               |
          |---------------------+------------+-------------------------|
          |CA Police Activities |$69,431     |The state CALPAL and     |
          |League (CALPAL) Fund |            |county CALPAL chapters   |
          |---------------------+------------+-------------------------|
          |CA Sea Otter Fund    |$359,699    |Department of Fish and   |
          |                     |            |Game, and as many that   |
          |                     |            |apply for grants and     |
          |                     |            |contracts provided for   |
          |                     |            |by 50% of the monies     |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |CA Seniors Special   |$53,813     |The first $80K to the    |
          |Fund                 |            |Area Agency on Aging     |
          |                     |            |Advisory Council of      |
          |                     |            |California and the rest  |
          |                     |            |to as many area agencies |
          |                     |            |that the California      |
          |                     |            |Department of Aging      |
          |                     |            |allocates available      |
          |                     |            |contributed monies to.   |
          |---------------------+------------+-------------------------|
          |CA Veterans Homes    |$211,089    |The number of            |
          |Fund                 |            |established veteran's    |
          |                     |            |homes (I think 6 or 7).  |
          |---------------------+------------+-------------------------|
          |Child Victims of     |Initial Tax |As many counseling and   |
          |Human Trafficking    |Return 2011 |prevention centers that  |
          |Fund                 |            |apply and receive grants |
          |                     |            |provided from monies     |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |Emergency Food for   |$598,157    |1 group: Department of   |
          |Families Fund        |            |social services for the  |
          |                     |            |Emergency Food           |
          |                     |            |Assistance Program.      |
          |---------------------+------------+-------------------------|
          |Municipal Shelter    |Initial tax |As many shelters as      |
          |Spay-Neuter Fund     |Return 2011 |apply and receive grants |
          |                     |            |provided from the monies |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |Rare & Endangered    |$605,220    |1 group: Department of   |
          |Species Preservation |            |Fish and Game endangered |
          |Program              |            |conservation programs.   |
          |---------------------+------------+-------------------------|





          AB 233 -- 6/29/11 -- Page 4



          |Safely Surrendered   |$184,866    |1 group: Department of   |
          |Baby Fund            |            |Social Services for      |
          |                     |            |Safely Surrender Baby    |
          |                     |            |Law awareness programs.  |
          |---------------------+------------+-------------------------|
          |State Children's     |$409,043    |1 group: Department of   |
          |Trust for the        |            |Social Services for      |
          |Prevention of Child  |            |prevention and           |
          |Abuse                |            |intervention programs.   |
           ------------------------------------------------------------ 


                                   Proposed Law  

          Assembly Bill 233 creates the California YMCA Youth and 
          Government Fund.  The fund will be added to the personal 
          income tax form when another VCF is removed and remain on 
          the form until January 1st of the 5th taxable year 
          following its first appearance or on January 1st of an 
          earlier year if the FTB estimates the fund will not meet 
          the annually required minimum contribution amount.  All 
          monies transferred to the fund are allocated to the FTB and 
          Controller for reimbursement of their costs and the balance 
          goes to the State Department of Education for distribution 
          to the California YMCA Youth and Government Program (YMCA 
          Y&GP) for its ongoing activities on behalf of youth.    

          AB 233 stipulates that if the fund collects less than 
          $300,000 in donations, all available monies are distributed 
          to the YMCA Y&GP.  If donations exceed $300,000, the 
          balance of the fund is distributed to provide annual grants 
          of $10,000 each to the African American Leaders for 
          Tomorrow Project, the Asian Pacific Youth Leadership 
          Project, and the Chicano Latino Youth Leadership Project.  
          The YMCA Y&GP Board of Directors may award additional 
          non-profit civic youth organizations a grant of up to 
          $10,000 each in order to operate civic education and mock 
          legislative programs.  All remaining funds are distributed 
          to the YMCA Y&GP.   


                               State Revenue Impact
           
          The FTB estimates this bill will result in a revenue loss 
          of $15,000 each fiscal year the fund is in place.  






          AB 233 -- 6/29/11 -- Page 5




                                     Comments  

          1.   Purpose of the bill  .  The author states, "The 
          California YMCA Youth & Government Program is a statewide 
          youth educational program annually involving more than 2200 
          high school students in a yearlong "hands on" civic 
          experience.  Since its inception 63 years ago, the program 
          has successfully used a variety of activities to encourage 
          high school youth become involved, responsible and 
          respected citizens.  As part of the YMCA Y&GP, regional 
          student delegations discuss public policy issues facing the 
          state as well as ways to implement their solutions through 
          the legislative and judicial processes.  Teen delegates 
          draft legislation, prepare issue briefs, select 
          governmental positions to role-play, attend statewide 
          training and election conferences and run for various 
          offices and leadership positions.  The program concludes 
          with a Model Legislature each February at the State 
          Capitol.

          Unfortunately, in recent years, costs to operate this 
          program and participant demand for financial assistance has 
          greatly increased making it difficult to maintain and 
          expand this important program for California youth.  AB 233 
          would allow state taxpayers to voluntarily contribute to 
          the California YMCA Youth & Government Fund through a tax 
          check-off donation on their state tax return.  Donations 
          would be used to help finance the YMCA Youth & Government 
          Program and its ongoing activities on behalf of youth. 

          Consistent with current efforts to support the California 
          Senior Legislature, this measure will allow California 
          taxpayers to empower young people through an important 
          program that motivates and inspires youth to become active 
          citizens in our state".

          2.   One isn't enough  .  The Committee on Governance & 
          Finance has expressed concerns over a single non-profit 
          entity receiving funds from a check off.  As noted in the 
          background section of this analysis, check off funds that 
          are dedicated to a single entity are generally 
          quasi-government entities such as the police.  AB 233 
          provides the YMCA with the first $300,000 from the check 
          off and then gives subsequent funds to three other groups; 
          given the recent returns on check offs, this bill focuses 





          AB 233 -- 6/29/11 -- Page 6



          on one organization (the YMCA) and then specifically lays 
          out three others for the funds.   In order to mitigate 
          concerns about a single non-profit entity receiving these 
          funds, the Committee may wish to consider amendments that 
          create a competitive grant program for "the youth 
          leadership and government fund" for non-profits throughout 
          the state that provide services for youth and government 
          programs..  

          3.   Is there a better way  ?  Countless worthy causes may be 
          funded by tax check-offs.  The current system remains 
          subjective and is limited to those organizations that can 
          convince the Legislature to include them on the form.  
          These check-offs give the state a role in collecting money 
          for charity.  The Committee may wish to consider whether 
          the state should use the tax code to encourage 
          contributions to certain charitable organizations.  The 
          Committee may further wish to consider a different tax 
          check-off system all together.  For example, any group that 
          would like the opportunity for check off proceeds and any 
          group currently on the form could apply to the FTB and be 
          listed in the pages of the FTB tax booklet with an 
          associated number.  The tax form could include 10 lines for 
          taxpayers to indicate the number from the form and then 
          those groups would receive the funds.  For example, if the 
          YMCA was number 1234 in the booklet, the taxpayer would 
          indicate that he or she wanted $10 to go to "1234" on the 
          form.  This way, the Legislature would no longer have to 
          choose groups for the form and all non-profits and 
          quasi-government organizations would be similarly situated 
          for a tax check off.

          4.   Rerun  .  This bill is similar to two bills that were 
          previously vetoed: AB 2017 (Hall, 2010) and SB 516 
          (DeSaulnier, 2010).  The two bills were contingent on one 
          another's passage and established the California Youth 
          Leadership Fund to provide equal funding for the California 
          YMCA Youth and Government Program and the California Youth 
          Legislature.  AB 2017 also provided grants to the 
          African-American Youth Leadership Program, the 
          Asian-Pacific Youth Leadership Project, and the 
          Chicano-Latino Youth Leadership Project if the amount of 
          monies received by the fund exceeded $250,000.  

          In his veto message of AB 2017 (Hall, 2010), the Governor 
          stated, "This bill is contingent on the enactment of Senate 





          AB 233 -- 6/29/11 -- Page 7



          Bill 516, which I cannot support.  I would ask that the 
          authors of these bills reconcile their efforts to support 
          greater youth involvement in public policy without creating 
          additional organizations when there are numerous 
          organizations and entities already dedicate to working with 
          youth from all backgrounds." 

          In his veto message of SB 516 (DeSaulnier, 2010), Governor 
          Schwarzenegger stated, "This bill is similar to a measure I 
          vetoed in 2008.  I still encourage California youth to 
          engage in the public policy issues that directly impact 
          their lives such as education, employment, foster care, 
          homelessness, and more.  However, as most parents and 
          adults can attest, I would also argue that youth do not 
          need statutory authorization to have their voices and 
          opinions heard.  There are numerous organizations, entities 
          and communications in which youth can be engaged in our 
          legislative process."

          AB 233 is similar to AB 2017 while SB 803 (DeSaulnier) 
          creates the California Youth Leadership Fund for the 
          California Youth Leadership Project which the bill creates 
          under the Department of Education to fund civic engagement 
          for the state's youth.  SB 803 is set for hearing in the 
          Assembly Revenue & Taxation Committee on July 2nd.

          5.   Where does the money go  ?  This bill gives broad 
          authority to the California YMCA Youth and Government Board 
          of Directors to develop criteria, evaluate applications, 
          and award and administer grants to eligible organizations.  
          The funds will be used to support program participation by 
          underserved students and for direct program-related 
          expenses.  The Committee may wish to amend AB 233 so that 
          (1) the State Board of Education has more responsibilities 
          to determine the uses for the funds and (2) ensure funds 
          are not used for administrative costs.  

          6.   Taxpayer Funds  .  The opposition expressed concerns that 
          this bill will result in codifying a program sponsored by 
          the YMCA, a religious-based organization and using 
          publicly-funded tax returns to facilitate contributions.  A 
          Legislative Counsel opinion that specifically states that 
          this bill does not violate the separation of church and 
          state because the money used is from individual tax payers.

          7.   Technical amendment  .  Currently, there is space on the 





          AB 233 -- 6/29/11 -- Page 8



          tax return for additional check-offs.  However, as written, 
          if this bill is enacted the California YMCA Youth and 
          Government Fund would be added when another VCF is removed. 
           The Committee staff suggests the following amendments to 
          expedite the addition of the VCF to the tax return in the 
          event the bill is enacted:

               On page 3, line 7, delete "not".  
               On page 3, line 7, replace "until" with "when".  
               On page 3, line 8, after "removed" add "or as soon as 
               space is available".

                                         
                                Assembly Actions
           
          Assembly Revenue and Taxation Committee:  9-0
          Assembly Appropriations Committee:17-0
          Assembly Floor:                    78-1


                         Support and Opposition  (7/2/12)

           Support  :  American Federation of State, County and 
          Municipal Employees, AFL-CIO; California State Alliance of 
          YMCAs; California YMCA Youth & Government; Channel Islands 
          YMCA; Corona Norco Family YMCA; Envision Schools; Magdalena 
          Ecke Family YMCA; Miller Family YMCA; Montecito Family 
          YMCA; Santa Monica Family YMCA; Simi Valley Family YMCA; 
          South Valley YMCA Family Delegation; YMCA of Burbank 
          California; YMCA of Orange County; YMCA of Superior 
          California; fifteen members of the Magdalena Ecke Family 
          YMCA Youth and Government Delegation; thirty-two 
          individuals.    


           Opposition  :  Unknown.