BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 233| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 233 Author: Hall (D) Amended: 8/6/12 in Senate Vote: 21 SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 7/3/12 AYES: Wolk, Dutton, DeSaulnier, Fuller, Hernandez, La Malfa, Liu NO VOTE RECORDED: Kehoe, Yee SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 78-1, 5/31/11 - See last page for vote SUBJECT : Personal income taxes: voluntary contributions: YMCA Youth and Government Fund SOURCE : California State Alliance of YMCAs DIGEST : This bill creates the California YMCA Youth and Government Fund (income tax check off). ANALYSIS : 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' CONTINUED AB 233 Page 2 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 With a few exceptions, VCFs remain on the return until they are either repealed or fail to meet their minimum contribution amount.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 1 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 If the FTB estimates that a fund will fail to meet the minimum contribution amount, that fund is repealed effective for taxable years beginning on or after January 1 of the following calendar year. This bill creates the California YMCA Youth and Government Fund (Fund). The Fund will be added to the personal income tax form when another VCF is removed or as soon as space is available and remain on the form until January 1 of the fifth taxable year following its first appearance or on January 1 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. This bill 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 AB 233 Page 3 legislative programs. All remaining funds are distributed to the YMCA Y&GP. Comments 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 receive | | | Earned | funds | |------------------+---------+-------------------------------| |ALS/Lou Gehrig's |Initial |As many as apply and receive | |Disease Research |Tax |grants that are provided for | |Fund |Return |by the monies contributed. | | |2011 | | |------------------+---------+-------------------------------| |Alzheimer's |$462,357 |As many as contract or | |Disease/Related | |receive grants provided by | |Disorders Fund | |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 receive | |Research Fund | |grants provided from the | | | |monies contributed. | |------------------+---------+-------------------------------| |CA Cancer |$451,042 |As many as apply and receive | |Research Fund | |grants provided from the | | | |monies contributed | |------------------+---------+-------------------------------| |CA Firefighters' |$157,166 |1 Group: California Fire | |Memorial Fund | |Foundation | |------------------+---------+-------------------------------| |CA Fund for |$308,763 |1 Group: California Senior | |Senior Citizens | |Legislature | |------------------+---------+-------------------------------| AB 233 Page 4 |CA Peace Officer |$137,782 |1 Group: California Peace | |Memorial | |Officer Memorial Commission | |Foundation Fund | | | |------------------+---------+-------------------------------| |CA Police |$69,431 |The state CALPAL and county | |Activities League | |CALPAL chapters | |(CALPAL) Fund | | | |------------------+---------+-------------------------------| |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 |$53,813 |The first $80,000 to the Area | |Special Fund | |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 established | |Fund | |veteran's homes. | |------------------+---------+-------------------------------| |Child Victims of |Initial |As many counseling and | |Human Trafficking |Tax |prevention centers that apply | |Fund |Return |and receive grants provided | | |2011 |from monies contributed. | |------------------+---------+-------------------------------| |Emergency Food |$598,157 |1 Group: Department of | |for Families Fund | |social services for the | | | |Emergency Food Assistance | | | |Program. | |------------------+---------+-------------------------------| |Municipal Shelter |Initial |As many shelters as apply and | |Spay-Neuter Fund |tax |receive grants provided from | | |Return |the monies contributed. | | |2011 | | |------------------+---------+-------------------------------| |Rare & Endangered |$605,220 |1 Group: Department of Fish | |Species | |and Game endangered | |Preservation | |conservation programs. | AB 233 Page 5 |Program | | | |------------------+---------+-------------------------------| |Safely |$184,866 |1 Group: Department of | |Surrendered Baby | |Social Services for Safely | |Fund | |Surrender Baby Law awareness | | | |programs. | |------------------+---------+-------------------------------| |State Children's |$409,043 |1 Group: Department of | |Trust for the | |Social Services for | |Prevention of | |prevention and intervention | |Child Abuse | |programs. | | | | | ------------------------------------------------------------ Related legislation . 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/8/12) California State Alliance of YMCAs (source) AFSCME, AFL-CIO ARGUMENTS IN SUPPORT : 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 AB 233 Page 6 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. ASSEMBLY FLOOR : 78-1, 5/31/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Jones NO VOTE RECORDED: Gorell AGB:k 8/8/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** AB 233 Page 7