BILL ANALYSIS                                                                                                                                                                                                    �




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  SB 413                      HEARING:  5/8/13
          AUTHOR:  Knight                       FISCAL:  Yes
          VERSION:  2/20/13                     TAX LEVY:  Yes
          CONSULTANT:  Grinnell                 

                   PERSONAL INCOME TAX CREDIT: STEM TEACHERS
          

          Enacts a $1,000 or $1,500 annual tax credit for teachers of  
          science, technology, engineering, and mathematics teachers.


                           Background and Existing Law  

          California provides various tax credits designed to provide  
          incentives for tax-payers that 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, they would not otherwise do.

          California once allowed a teacher retention tax credit  
          teachers based upon the taxpayer's years of service as a  
          credentialed teacher (AB 2879, Jackson, 2009).  However,  
          the Legislature only allowed the credit for 2000, 2001, and  
          2003 taxable years, suspended it in 2002, and 2004 through  
          2006, before eventually repealing it in 2007 (SB 87,  
          Committee on Budget).  Teachers claimed $165 million in tax  
          credits in 2003.  

          Teachers may claim a deduction from income on their federal  
          income taxes of up to $250 for any unreimbursed expenses  
          paid or incurred for books, supplies, or computer equipment  
          used in the classroom.


                                   Proposed Law  

          Senate Bill 413 enacts a credit against the Personal Income  
          Tax equal to an eligible full-time science, technology,  
          engineering, or mathematics (STEM) teacher that teaches one  
          or more STEM course in grades 1 to 12.  The credit is equal  




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          to $1,500 per year for teachers in high-needs schools;  
          $1,000 if not.  The taxpayer may carry forward the credit  
          until exhausted.  The bill sunsets the credit in 2019.  



                               State Revenue Impact
           
          According to Franchise Tax Board (FTB), SB 413 results in  
          revenue losses of $75 million in 2013-14, $55 million in  
          2014-15 and 2015-16.


                                     Comments  

          1.   Purpose of the bill  .  According to the author, "The  
          California education system is not keeping up with demand  
          for STEM jobs. In 2009, only 10% of California college  
          degrees and certificates were issued in STEM fields.  Women  
          and 
          minorities were particularly underrepresented among  
          graduates. With unemployment rates soaring to 9.8% in  
          California, candidates with STEM degrees have their choice  
          of positions.  For every STEM skills qualified candidate,  
          there is an average of 1.4 unfilled positions.  This is in  
          contrast to 4.9 unemployed people for every 1 non-STEM  
          skills job.  Well prepared, informed, and experienced STEM  
          teachers are the key to students pursuing a career in these  
          fields.  However, the earning potential of teachers is much  
          lower than the salary of a position with a private firm  
          that utilizes these same skills.  As such, individuals who  
          might prefer the classroom to the laboratory feel they have  
          no choice but to maximize their earning potential.   
          California must offer incentives for these highly qualified  
          individuals to be drawn to a career that is their passion &  
          that benefits our state's children.  Otherwise, the future  
          employment demands of STEM fields will be met by  
          out-of-state workers.  In prior years, California has used  
          personal income tax credits to incentive teachers toward  
          certain behaviors.  For example, the Teacher Retention  
          Credit (created in 2000 and suspended in 2004) was created  
          to combat early teacher burnout rates by providing up to  
          $1,500 of tax credits.  The lack of STEM education in our  
          schools has made finding California native engineers a  
          significant challenge for the aerospace industry.  While  
          unemployment rates in California remain very high,  





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          aerospace companies have no choice but to look outside of  
          the state to satisfy their staffing needs.  By providing  
          teachers incentives to create courses in fields that will  
          prepare students for these jobs, we can reverse this  
          behavior."

          2.   The right tool  ?  SB 413 assumes that there's a shortage  
          of teachers in science, technology, and math teachers, and  
          that tax credits are the best way to encourage more people  
          to become one.  However, what evidence demonstrates that  
          these assumptions are true?  The teacher workforce in  
          California lost more than 23,000 teachers from 2008 to 2011  
          due to retirement and budget cuts, according to a report  
          "Status of the Teaching Profession 2011" by the Center for  
          the Future of Teaching and Learning.  Unemployment rates  
          for young people are at historically high levels,  
          suggesting a possible surplus of job seekers to job  
          openings.   However, given the recent passage of  
          Proposition 30 (2012), school funding is set to grow for  
          the next few years, allowing school districts to hire more  
          teachers at better wage levels.  Young people choose  
          professions for many reasons, including expectations of job  
          availability and future wage levels.  If enrollment  
          continues to grow in California schools, and state and  
          local agencies place more emphasis on STEM programs, school  
          districts will have to hire more teachers above and beyond  
          those needed to replace retirees.  Young people will  
          additionally seek degrees in education and teaching  
          credentials, especially in science and technology, to the  
          extent that they think they can find good-paying jobs when  
          they graduate.  Why would a student choose science and  
          technology education because of a $1,500 annual tax credit,  
          when increasing wages for STEM teachers or allocating more  
          funds to STEM programs sends a more direct economic signal?  
           The Committee may wish to consider whether SB 413 is the  
          best option to improve the quality of the state's labor  
          force.

          3.   Performance measures  .  Most bills granting tax benefits  
          set forth an economic indicator or series of economic  
          indicators that its author expects will improve as a result  
          of a tax credit.  For example, bills heard by the Committee  
          exempting manufacturing equipment from the sales tax have  
          used:
                 Increased employment for manufacturing, research  
               and development, and associated industries,





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                 Siting for new and expanded manufacturing and  
               research and development facilities in this state,
                 Capital investment in manufacturing equipment and  
               all other tangible personal property.

          The now-expired Manufacturer's Investment Credit sunset in  
          2003 due to its failure to meet necessary levels of  
          employment in the manufacturing sector the Legislature  
          required be met for the credit to continue.  However, SB  
          413 doesn't set forth the indicators that it expects to  
          change as a result of the credit: number of teaching  
          credentials, wage levels of STEM teachers, or number of  
          graduates in the state of STEM programs.  The Committee may  
          wish to consider how the state can determine the success or  
          failure of SB 413's exemption without compelling any  
          performance standards.

          4.   Open issues  .  FTB identifies the following issues:
                 SB 413 doesn't contain a certification mechanism to  
               ensure that the teacher holds the degrees, works the  
               hours, and teaches the courses required to claim the  
               credit.  
                 SB 413 should clarify whether it applies to home  
               schooling, charter, or private elementary or secondary  
               schools.
                 SB 413 would allow any school that ever received  
               specified federal funding to be designated as a  
               "high-needs school."  
                 SB 413 should further define "STEM field" to be  
               more specific about the qualifications necessary to  
               receive the credit.





                        Support and Opposition  (05/02/13)

           Support  :  Antelope Valley College Division of Mathematics,  
          Antelope Valley 
          Union High School District, Science, and Engineering,  
          Antelope Valley Hispanic Chamber of Commerce, City of  
          Lancaster, BOE Member George Runner, Greater Antelope  
          Valley Association of Realtors.

           Opposition  :    





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