BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  SB 571                      HEARING:  4/10/13
          AUTHOR:  Price                        FISCAL:  Yes
          VERSION:  2/22/13                     TAX LEVY:  No
          CONSULTANT:  Miller                   

           INCOME TAXES: VOLUNTARY CONTRIBUTIONS: ARTS FOR KIDS FUND.
          

           Creates the Arts for Kids tax check off on the income tax  
                                      form


                           Background and Existing Law  

          Existing state law allows taxpayers to contribute money to  
          one or more of 18 voluntary contribution funds (fund or  
          check-off) 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' 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          repealed or fail to meet their minimum contribution amount.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 check offs, the minimum contribution  
          amount is $250,000 in the fund's second year.  By September  
          1st 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          contribution amount, that fund is repealed effective for  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 1st of the  
          following calendar year. 

          The Arts Council Fund (SB 1076, Price, 2010), first  




          SB 571 -- 2/22/13 -- Page 2



          appeared on the 2010 return and last appeared on the 2011  
          return because the FTB estimated that contributions to the  
          Arts Council Fund would fall below the required $250,000  
          minimum contribution amount for the 2012 calendar year.  By  
          operation of law, the provision creating the Arts Council  
          Fund was repealed effective January 1, 2012, and this fund  
          was removed from the 2012 income tax return.

          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. 

          All funds must meet the same criteria with the following  
          exceptions: 

                 The California Seniors Special Fund, which has no  
               sunset date, each fund has a specific sunset date. 
                 The California Seniors Special Fund, California  
               Firefighters Memorial Fund, the California Peace  
               Officer Memorial Foundation Fund, the California YMCA  
               Youth and Government Fund, the California Youth  
               Leadership Fund, the State Parks Protection Fund, and  
               the School Supplies for Homeless Children Fund, are  
               not required to meet an initial minimum contribution  
               amount of $250,000. 
                 The California Fund for Senior Citizens, is not  
               adjusted annually for inflation. 

          The following list provides the current information on all  
          the check offs as well as how many groups are eligible to  
          receive the funds.



           ------------------------------------------------------------ 
          |Voluntary            |    2012    | Contribution Allotment  |
          |Contribution  Fund   |Contribution|                         |
          |                     |   Totals   |                         |
          |---------------------+------------+-------------------------|
          |ALS/Lou Gehrig's     |$137,290    |As many as apply and     |
          |Disease Research     |            |receive grants that are  |
          |Fund                 |            |provided for by the      |
          |                     |            |monies contributed.      |
          |---------------------+------------+-------------------------|





          SB 571 -- 2/22/13 -- Page 3



          |Alzheimer's          |$466,485    |As many as contract or   |
          |Disease/Related      |            |receive grants provided  |
          |Disorders Fund       |            |by the monies            |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |Arts Council Fund    |$165,647    |As many as apply and     |
          |                     |            |receive grants provided  |
          |                     |            |by the monies            |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |CA Breast Cancer     |$440,771    |As many as apply and     |
          |Research Fund        |            |receive grants provided  |
          |                     |            |from the monies          |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |CA Cancer Research   |$432,355    |As many as apply and     |
          |Fund                 |            |receive grants provided  |
          |                     |            |from the monies          |
          |                     |            |contributed              |
          |---------------------+------------+-------------------------|
          |CA Firefighters'     |$152,004    |1 Group: California Fire |
          |Memorial Fund        |            |Foundation               |
          |---------------------+------------+-------------------------|
          |CA Fund for Senior   |$272,742    |1 Group: California      |
          |Citizens             |            |Senior Legislature       |
          |---------------------+------------+-------------------------|
          |CA Peace Officer     |$136,172    |1 Group: California      |
          |Memorial Foundation  |            |Peace Officer Memorial   |
          |Fund                 |            |Commission               |
          |---------------------+------------+-------------------------|
          |CA Police Activities |$67,202     |The state CALPAL and     |
          |League (CALPAL) Fund |            |county CALPAL chapters   |
          |---------------------+------------+-------------------------|
          |CA Sea Otter Fund    |$351,037    |Department of Fish and   |
          |                     |            |Wildlife, and as many    |
          |                     |            |that apply for grants    |
          |                     |            |and contracts provided   |
          |                     |            |for by 50% of the monies |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |CA Seniors Special   |$61,315     |The first $80K to the    |
          |Fund                 |            |Area Agency on Aging     |
          |                     |            |Advisory Council of      |
          |                     |            |California and the rest  |
          |                     |            |to as many area agencies |
          |                     |            |that the California      |





          SB 571 -- 2/22/13 -- Page 4



          |                     |            |Department of Aging      |
          |                     |            |allocates available      |
          |                     |            |contributed monies to.   |
          |---------------------+------------+-------------------------|
          |CA YMCA Youth and    |Initial Tax |The first $300K to the   |
          |Government Fund      |Return 2012 |CA YMCA Youth and        |
          |                     |            |Government Program and   |
          |                     |            |the rest of the monies   |
          |                     |            |allocated in $10K annual |
          |                     |            |grants as follows:       |
          |                     |            |African American Leaders |
          |                     |            |for Tomorrow Program,    |
          |                     |            |Asian Pacific Youth      |
          |                     |            |Leadership Project,      |
          |                     |            |Chicano Latino Youth     |
          |                     |            |Leadership Project; the  |
          |                     |            |money is to be used to   |
          |                     |            |support program          |
          |                     |            |participation.  Any      |
          |                     |            |remaining funds will be  |
          |                     |            |allocated to the CA YMCA |
          |                     |            |Youth and Government     |
          |                     |            |Program. The Board of    |
          |                     |            |Directors for the CA     |
          |                     |            |YMCA Youth and           |
          |                     |            |Government Program may   |
          |                     |            |award additional $10K    |
          |                     |            |annual grants to         |
          |                     |            |additional nonprofit     |
          |                     |            |civic youth              |
          |                     |            |organizations. The funds |
          |                     |            |distributed to the CA    |
          |                     |            |YMCA Youth and           |
          |                     |            |Government Program are   |
          |                     |            |to be used for           |
          |                     |            |program-related          |
          |                     |            |expenses.                |
          |---------------------+------------+-------------------------|
          |CA Youth Leadership  |Initial Tax |1 group: Department of   |
          |Fund                 |Return 2012 |Education to provide for |
          |                     |            |the CA Youth Leadership  |
          |                     |            |Project.                 |
          |---------------------+------------+-------------------------|
          |CA Veterans Homes    |$210,078    |The number of            |
          |Fund                 |            |established veteran's    |
          |                     |            |homes (7).               |





          SB 571 -- 2/22/13 -- Page 5



          |---------------------+------------+-------------------------|
          |Child Victims of     |$35,317     |As many counseling and   |
          |Human Trafficking    |            |prevention centers that  |
          |Fund                 |            |apply and receive grants |
          |                     |            |provided from monies     |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |Emergency Food for   |$551,515    |1 group: Department of   |
          |Families Fund        |            |social services for the  |
          |                     |            |Emergency Food           |
          |                     |            |Assistance Program.      |
          |---------------------+------------+-------------------------|
          |Municipal Shelter    |$244,701    |As many shelters as      |
          |Spay-Neuter Fund     |            |apply and receive grants |
          |                     |            |provided from the monies |
          |                     |            |contributed.             |
          |---------------------+------------+-------------------------|
          |Rare & Endangered    |$558,681    |1 group: Department of   |
          |Species Preservation |            |Fish and Wildlife        |
          |Program              |            |endangered conservation  |
          |                     |            |programs.                |
          |---------------------+------------+-------------------------|
          |Safely Surrendered   |$158,645    |1 group: Department of   |
          |Baby Fund            |            |Social Services for      |
          |                     |            |Safely Surrender Baby    |
          |                     |            |Law awareness programs.  |
          |---------------------+------------+-------------------------|
          |School Supplies for  |Initial Tax |As many as apply and     |
          |Homeless Children    |Return 2012 |receive grants that are  |
          |Fund                 |            |provided for by the      |
          |                     |            |monies contributed.      |
          |---------------------+------------+-------------------------|
          |State Children's     |$376,243    |1 group: Department of   |
          |Trust for the        |            |Social Services for      |
          |Prevention of Child  |            |prevention and           |
          |Abuse                |            |intervention programs.   |
          |---------------------+------------+-------------------------|
          |State Parks          |Initial Tax |As many as purchase a    |
          |Protection           |Return 2012 |parks pass that are      |
          |Fund/Parks Pass      |            |provided for by the      |
          |Purchase             |            |monies contributed.      |
           ------------------------------------------------------------ 

                                         
                                  Proposed Law  






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          Senate Bill 116 creates the Art for Kids Fund on the tax  
          form for the 2013 tax year filed on or after January 1,  
          2014.  The bill maintains all the existing requirements for  
          the program including the annual reporting by September 1st  
          of each year to determine eligibility for the following  
          year, and the minimum contribution requirements ($250,000  
          in the second year) adjusted for inflation annually.


                               State Revenue Impact
           
          The FTB estimates that this bill will result in about  
          $10,000 in lost revenue annually.

                                     Comments  

          1.   Purpose of the bill  .  The author's office provided the  
          following statement for the bill: "SB 571 is necessary to  
          allow California taxpayers an opportunity to voluntarily  
          contribute funds to a state program that promotes and  
          finances art education programs in our public schools and  
          communities throughout the state.   

          Unfortunately, the CAC was added to the tax form at a time  
          the state was still experiencing an economic recession and  
          when overall charitable giving was significantly down.   
          Given these major obstacles, the CAC did exceedingly well  
          for a new "check off" on the income tax form.  Other  
          challenges the organization experienced included: 1)  
          unfamiliarity by many tax payers with "Arts Council Fund"  
          and the CA Arts Council; 2) leadership changes; and 3)  
          competition from better known groups, all very worthy, some  
          of whom have established themselves on the tax form for  
          many years.

          The CAC compared contribution trends for the other  
          designated organizations listed on the income tax form  
          during its second and most critical year.  Their research  
          showed that many of the other organizations saw a decrease  
          in their "check off" contributions as well.  In other  
          words, taxpayers were still feeling squeezed by the economy  
          and pulled back on their philanthropic contributions. 

          I am confident that lessons have been learned.  The fund  
          will be renamed for improved marketability.  Instead of  
          "Arts Council Fund" the name will better reflect the funds  





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          purpose -- "Arts for Kids" fund or "CA Fund for Arts  
          Education".  I have been ensured that the CAC remains  
          firmly committed to promoting the fund and will follow  
          through on a multi-pronged marketing campaign.

          SB 571 would enable the CAC to raise additional funds so  
          that they can, in turn, support more of our constituents,  
          communities, non-profit organizations, and most  
          importantly, kids and schools throughout the state.

          Although Visual and Performing Arts (VAPA) are embodied in  
          California's Education code in a comprehensive way, schools  
          are struggling financially and arts programs are among the  
          first curriculum-based subjects to lose funding.  Funding  
          generated pursuant to SB 571 will help to bring equity into  
          classrooms around the state by funding programs such as  
          Teaching Artists and arts education programs in districts  
          where they are most needed. 

          The highly acclaimed Poetry Out Loud program is another  
          example of a CAC program that inspires and engages  
          students."

          2.   Is there a better way  ?  Committee analyses previously  
          expressed concern over adding a page to the tax form to  
          accommodate the check-offs.  Since that time, the tax form  
          has grown by a page so every tax check off proposed last  
          year was included in the booklet for the 2012 tax year (see  
          chart above).  With the proliferation of these bills, the  
          Committee may  wish to consider a different tax check-off  
          system all together.  For example, any group that would  
          like the opportunity for check off proceeds and any group  
          currently on the form could apply to the FTB and be listed  
          in the pages of the FTB tax booklet with an associated  
          number.  The tax form could include 10 lines for taxpayers  
          to indicate the number from the form and then those groups  
          would receive the funds.  For example, if the Emergency  
          Food for Families was number 1234 in the booklet, the  
          taxpayer would indicate that he or she wanted $10 to go to  
          "1234" on the form.  This way, the Legislature would no  
          longer have to choose groups for the form and all  
          non-profits and quasi-government organizations would be  
          similarly situated for a tax check off.

          3.   Charity & Government  .  Countless worthy causes may be  
          funded by tax check-offs.  The current system remains  





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          subjective and is limited to those organizations that can  
          convince the Legislature to include them on the form.   
          These check-offs give the state a role in collecting money  
          for charity in addition to the role the tax system plays in  
          allowing deductions for charitable contributions.  The  
          Committee may wish to consider whether the state should use  
          the tax code to encourage contributions to certain  
          charitable organizations.  


                         Support and Opposition  (4/4/13)

           Support  :  California Arts Council (Sponsor); California  
          Parent Teacher Association.

           Opposition  :  None Received.