BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 233|
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                                 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





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          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          repealed or fail to meet their minimum contribution amount.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 







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          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                    |
          |------------------+---------+-------------------------------|







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          |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.         |







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          |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 







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             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

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