BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 571
                                                                  Page  1

          Date of Hearing:  June 24, 2013

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                                Raul Bocanegra, Chair

                      SB 571 (Price) - As Amended:  May 14, 2013

           SENATE VOTE  :  35-2
           
          SUBJECT  :  Income taxes:  voluntary contributions:  Keep Arts in  
          Schools Fund

           SUMMARY  :  Authorizes the addition of the Keep Arts in Schools  
          Fund (Fund) checkoff to the personal income tax (PIT) form upon  
          the removal of another voluntary contribution fund (VCF) from  
          the form.  Specifically,  this bill  :   

          1)Provides that all money transferred to the Fund, upon  
            appropriation by the Legislature, shall be allocated to the:

             a)   Franchise Tax Board (FTB) and the State Controller for  
               reimbursement of all costs incurred administering the Fund;  
               and, 

             b)   Arts Council, for allocation of grants to individuals or  
               organizations administering arts programs for children in  
               preschool through 12th grade pursuant to Government Code  
               (GC) Section 8753(o).  

          2)Specifies that the Fund provisions shall remain in effect only  
            until January 1 of the fifth taxable year following the Fund's  
            first appearance on the PIT return.  However, if the FTB  
            determines that the amount of contributions estimated to be  
            received during a calendar year will not meet a minimum  
            contribution threshold, the provisions shall be inoperative  
            with respect to taxable years beginning on or after January 1  
            of that calendar year.

           EXISTING LAW  :

          1)Allows taxpayers to contribute to one or more of the 18 VCFs  
            on the PIT return.

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








                                                                  SB 571
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            Fund.

          3)Requires each VCF to meet an annual minimum contribution  
            amount to remain in effect, except for the California Seniors  
            Special Fund, the California Firefighters' Memorial Fund, and  
            the California Peace Officer Memorial Foundation Fund.   

          4)Provides for an Arts Council composed of 11 members.  Among  
            other things, the Arts Council is authorized, under GC Section  
            8753(o), to award prizes or direct grants to individuals or  
            organizations in accordance with applicable regulations.  

           FISCAL EFFECT  :  The FTB estimates that this bill would result in  
          annual General Fund revenue losses of $10,000 beginning in  
          fiscal year 2014-15.  

           COMMENTS  :

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

          2)Proponents of this measure state:

               The California Arts Council would administer the resources  
               collected in this fund to help ensure that every student  
               has access to the benefits of quality arts education.  We  
               strongly support the mission and commitment of the Arts  
               Council and are working closely with them to build a broad  
               base of support for arts education.  We support this  
               legislation as an additional means of increasing the  
               outreach efforts of the Arts Council.  

          3)Committee Staff Comments:

              a)   What does this bill do?  :  This bill authorizes the  
               addition of the Fund to the PIT return to support Arts  
               Council grants to arts programs for children.  Provided  
               sufficient space is available, the Fund would first appear  
               on the 2013 PIT return filed on or after January 1, 2014.   








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              b)   The Arts Council  :  As noted above, state law provides  
               for an Arts Council of 11 members.  The Arts Council is  
               charged with encouraging artistic awareness, promoting the  
               employment of artists, and assisting independent local  
               groups in developing their own art programs.  The Arts  
               Council is also tasked with awarding prizes and direct  
               grants to individuals and organizations.  
              
              c)   Legislative history  :  SB 1076 (Price), Chapter 319,  
               Statutes of 2010, first authorized the addition of an "Arts  
               Council Fund" to the PIT return.  As with the current  
               legislative proposal, moneys from this VCF were allocated  
               for grants to individuals and organizations administering  
               arts programs under GC Section 8753(o).  The Arts Council  
               Fund first appeared on the 2010 PIT return and last  
               appeared on the 2011 return because the FTB determined that  
               contributions would fall below the required $250,000  
               minimum contribution amount for the 2012 calendar year.   
               Specifically, in 2012, the Arts Council Fund received valid  
               contributions totaling only $165,647, or $84,353 less than  
               the $250,000 minimum contribution threshold.  

              d)   A second bite at the apple  :  This bill simply  
               reauthorizes a VCF that was previously removed from the PIT  
               return for lack of public support.  While proponents may  
               argue that this Fund is likely to fare better with a new  
               name and in an improved economic climate, the Committee may  
               wish to consider the questionable precedent of simply  
               re-adding VCFs to the PIT return after they have failed to  
               garner sufficient financial support in the past.  

              e)   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 return is limited.  Thus, it could be  
               argued that the current system for adding VCFs to the form  
               is subjective and essentially rewards causes that can  
               convince the Legislature to include their fund on the form.  
                          

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           








                                                                  SB 571
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          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Alliance for Arts Education
           
            Opposition 
           
          None on file

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