BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 754
                                                                  Page  1

          Date of Hearing:  April 22, 2013

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                                Raul Bocanegra, Chair

                  AB 754 (Muratsuchi) - As Amended:  April 11, 2013
           
           Majority vote.  Fiscal committee.  
           
          SUBJECT  :  Income taxes:  voluntary contributions:  California  
          Beach and Coastal Enhancement Account

           SUMMARY  :  Allows taxpayers to contribute their own funds to the  
          California Beach and Coastal Enhancement Account (Account)  
          through a designation on the state personal income tax (PIT)  
          return.  Specifically,  this bill  provides that all money  
          transferred to the Account, upon appropriation by the  
          Legislature, shall be allocated to the:

          1)Franchise Tax Board (FTB) and the State Controller for  
            reimbursement of all administrative costs incurred; and, 

          2)California Coastal Commission (CCC) to support eligible  
            programs awarded under the selection criteria CCC has  
            established for the Whale Tail Grants Program (Program), and  
            for direct Program-related expenses.

           EXISTING LAW  : 

          1)Establishes the Account in the California Environmental  
            License Plate Fund.


          2)Allows taxpayers to designate on their PIT returns a  
            contribution to any of 18 voluntary contribution funds (VCFs).

          3)Provides a specific sunset date for each VCF, except for the  
            California Seniors Special Fund and the State Parks Protection  
            Fund.  

           FISCAL EFFECT  :  The FTB estimates that this bill would reduce  
          General Fund revenues by $10,000 annually beginning in fiscal  
          year 2014-15.  

           COMMENTS  :   








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          1)The author has provided the following statement in support of  
            this bill:


               [AB 754] would allow taxpayers who value coastal  
               conservation programs to make a contribution to the  
               [California Beach and Coastal Enhancement Account] when  
               filing their state income tax return.  The funds would be  
               distributed to existing grant programs that have a proven  
               record of success and that have much higher demand than  
               resources available.  The Whale Tail coastal conservation  
               and education grant programs are very popular and worthy of  
               increased public support.  AB 754 is an opportunity to  
               bring more funding to these programs without spending  
               scarce general fund resources.


          2)This bill is supported by the CCC, which notes:


               The [CCC's] WHALE TAIL License Plate was established as a  
               mechanism through which the public can contribute funds to  
               coastal and marine education programs in California.  As of  
               December 31, 2012, a total of 210,763 license plates have  
               been sold.  WHALE TAIL License Plate sales and renewal fees  
               (plus miscellaneous other small fees) have contributed  
               $20.2 million to the [Account], and $49.3 million to the  
               [Environmental License Plate Fund].  (The additional fees  
               that are charged for personalized plates go to the  
               [Environmental License Plate Fund].)  


               The [CCC] launched the WHALE TAIL License Plate Grants  
               Program in 1998 to support local marine and coastal  
               education efforts in California.  The first fourteen years  
               of the program have provided a combined total of $7.7  
               million, supporting a total of 461 projects throughout the  
               state of California, which are estimated to have reached a  
               total of 11.6 million people.  


          3)Committee Staff Comments:










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              a)   The Whale Tail Grants Program  :  The Program currently  
               distributes funds from sales of California's "Whale Tale"  
               license plate.  Grants support programs that teach  
               California's children and the general public to value and  
               improve the health of the state's marine and coastal  
               resources.  Adopt-A-Beach programs, as well as other beach  
               maintenance and coastal habitat restoration programs, are  
               also eligible for grant funding.          


              b)   So many causes, so little space  :  There are countless  
               worthy causes that would benefit from the inclusion of a  
               new VCF on the state's income tax returns.  At the same  
               time, space on the returns is limited.  Thus, it could be  
               argued that the current system for adding and retaining  
               VCFs on the form is subjective and essentially rewards  
               causes whose proponents can convince the Legislature to  
               include their fund on the form.  


              c)   Suggested technical amendments  :  

               i)     On page 3, line 40, insert "grants" after "awarded";  
                 and, 

               ii)    On page 4, line 4, strike "money" and insert  
                 "moneys".     
                
              d)   Related legislation  :  The following related bills have  
               been introduced in the current legislative session:

               i)     AB 247 (Wagner) would extend the repeal date of the  
                 California Fund for Senior Citizens until December 1,  
                 2020.  

               ii)    AB 394 (Yamada) would extend the repeal date of the  
                 California Alzheimer's Disease and Related Disorders  
                 Research Fund from January 1, 2015, to December 1, 2020.   


               iii)   AB 511 (Pan) would establish the American Red Cross,  
                 California Chapters Fund.  

               iv)    AB 1286 (Skinner) would suspend the annual  
                 adjustment of the minimum contribution amount threshold  








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                 for the California Breast Cancer Research Fund.  

               v)     SB 116 (Liu) would extend the repeal date of the  
                 Emergency Food for Families Fund from January 1, 2014, to  
                 January 1, 2019.  

               vi)    SB 571 (Price) would establish and allow taxpayers  
                 to make voluntary contributions to the Arts for Kids  
                 Fund.  


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Association of Nonprofits
          California Coastal Commission

           Opposition 
           
          None on file
           
          Analysis Prepared by  :  Edward Beeby & M. David Ruff / REV. &  
          TAX. / (916) 319-2098