BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1179|
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                                 THIRD READING


          Bill No:  SB 1179
          Author:   Walters (R)
          Amended:  5/15/12
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  8-0, 5/9/12
          AYES:  Wolk, Dutton, DeSaulnier, Fuller, Hancock, 
            Hernandez, La Malfa, Liu
          NO VOTE RECORDED:  Kehoe

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    Income taxes:  credit:  manufacturers

           SOURCE  :     Author


           DIGEST  :    This bill enacts a tax credit of $3,000 for 
          hiring a disabled veteran in specified industries, 
          commencing in the 2013 taxable year.

           ANALYSIS  :    State law allows taxpayers to claim tax 
          credits designed as incentives for taxpayers to incur 
          certain expenses, such as child adoption, or to influence 
          behavior, including business practices and decisions, such 
          as research and development credits and Geographically 
          Targeted Economic Development Area credits.  The 
          Legislature typically enacts such tax incentives to 
          encourage taxpayers to do something but for the tax credit, 
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          they would otherwise not do.

          This bill, commencing in the 2013 taxable year, allows a 
          taxpayer primarily engaged in the business of surgical 
          appliance and supplies manufacturing a tax credit of $3,000 
          for each net increase in full-time employment of disabled 
          veterans, as defined.  This bill provides that the 
          Franchise Tax Board (FTB) administers the credit, and caps 
          the total amount of credit at $25 million.  FTB must 
          periodically update its Web site with the amount of credits 
          that taxpayers have claimed.  

          To qualify, the taxpayer must have either paid wages to the 
          disabled veteran for not less than an average of 35 hours 
          per week, or paid the disabled veteran a full-time salary.  
          This bill does not allow taxpayers to claim both this 
          credit and any other for the same employee, but does 
          provide that the credit does not affect any business 
          expense deduction from income any wages paid to disabled 
          veterans.  Taxpayers may only claim the credit on 
          timely-filed original returns, but may carry over the 
          credit for seven years.

          This bill imports the definition of wages, the method of 
          measuring the credit on a full-time equivalent basis, 
          anti-abuse requirements, and procedures for FTB to 
          administer the credit from the New Jobs Credit (AB 15X3 
          (Krekorian), Chapter 10, and SB 15X3 (Calderon), Chapter 
          17, Statutes of 2009-10, 3rd Extraordinary Session).  

           Comments
           
          The purpose of the bill is to increase disabled veterans 
          employment in the surgical appliance and device 
          manufacturing sector.

          Surgical appliance and device manufacturing are a 
          significant industry in California.  Examples of products 
          manufactured by such businesses include orthopedic devices, 
          prosthetic appliances, surgical dressings, crutches, 
          surgical sutures, hospital beds, and operating room tables. 
           According to the 2007 Economic Census, of the 2,219 
          surgical appliance and device manufacturing establishments 
          in the United States, California has 296, or 13.3% of the 







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          U.S. total, employing 22,145 people (19%) with an annual 
          payroll of $1.2 billion (20%).  By value, California ships 
          15.3% of U.S. shipments.  By comparison, California 
          generates 13% of U.S. Gross Domestic Product, and has 12% 
          of U.S. population.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

           The FTB estimates tax revenue losses of $200,000 in 
            2012-13, $600,000 in 2013-14, and $800,000 in 2014-15 
            (General Fund).

           Unknown FTB administrative costs, likely in the range of 
            $300,000 in 2013-14 and $100,000 to $150,000 annually 
            thereafter (General Fund), until the credit is exhausted.

           SUPPORT  :   (Verified  5/24/12)

          American Legion
          AMVETS
          California Association for Health Services at Home
          Vietnam Veterans of America


          AGB:mw  5/24/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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