BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 754
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          ASSEMBLY THIRD READING
          AB 754 (Muratsuchi)
          As Amended  April 29, 2013
          Majority vote 

           REVENUE & TAXATION  9-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bocanegra, Dahle, Gordon, |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Wagner, Mullin, Nestande, |     |Bocanegra, Bradford, Ian  |
          |     |Pan,                      |     |Calderon, Campos,         |
          |     |V. Manuel Pérez, Ting     |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Ammiano, Linder,    |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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. 

          2)California Coastal Commission (CCC) to support eligible  
            programs awarded grants 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.  








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

           COMMENTS  :   

          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  








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               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)Assembly Revenue and Taxation Committee staff comments:


              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)   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.  AB 247 is pending in the Senate.

               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.   
                 AB 394 is pending in the Senate Governance and Finance  
                 Committee.  

               iii)   AB 511 (Pan) would establish the American Red Cross,  








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                 California Chapters Fund.  AB 511 is pending in the  
                 Senate Governance and Finance Committee.

               iv)    AB 1286 (Skinner) would suspend the annual  
                 adjustment of the minimum contribution amount threshold  
                 for the California Breast Cancer Research Fund.  AB 1286  
                 is pending in the Senate.  

               v)     SB 116 (Liu) would extend the repeal date of the  
                 Emergency Food for Families Fund indefinitely and would  
                 remove the minimum contribution requirements.  SB 116 is  
                 pending in the Assembly. 

               vi)    SB 571 (Price) would establish and allow taxpayers  
                 to make voluntary contributions to the Keep Arts in  
                 Schools Fund.  SB 571 is pending in the Senate  
                 Appropriations Committee. 


           Analysis Prepared by  :    Edward Beeby and M. David Ruff / REV. &  
          TAX. / (916) 319-2098 


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