BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 571
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          Date of Hearing:   August 13, 1013


           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND  
                                   INTERNET MEDIA
                               Ian C. Calderon, Chair

                      SB 571 (Liu) - As Amended:  June 25, 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) check off to the personal income tax (PIT) 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)   California Arts Council (CAC), for allocation of grants  
               to individuals or organizations administering arts programs  
               for children in preschool through 12th grade.  

          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  
            voluntary contribution funds (VCFs or check-offs) on the PIT  
            return.  [Revenue & Taxation Code Section 18871(a).]

          2)Provides a specific sunset date for each VCF, except for the  








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            California Seniors Special Fund and the State Parks Protection  
            Fund.  [Revenue & Taxation Code Section 18871(b).]

          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, CAC is authorized to award prizes or direct  
            grants to individuals or organizations in accordance with  
            applicable regulations.  [Government Code Sections 8751(a) and  
            8753(o).]


           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)Author's Statement and Support  :  

             Senate Bill 571 creates the "Keep Arts in Schools Fund" on the  
            tax form for the 2013 tax year filed on or after January 1,  
            2014.  This bill was originally introduced by Senator Price,  
            and upon his election to the Los Angeles City Council and  
            subsequent resignation from the Senate, the measure is being  
            brought forward by Senator Liu.

            According to the prior author, "SB 571 is necessary to allow  
            California taxpayers an opportunity to voluntarily contribute  
            funds to CAC for a state program that promotes and finances  
            art education programs in our public schools and communities  
            throughout the state.  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 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  








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            Teaching Artists and arts education programs in districts  
            where they are most needed."

            The California Alliance for Arts Education adds the following  
            in support, "CAC 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 CAC and are working closely with  
            them to build a broad base of support for arts education."

           2)Background: Voluntary Tax Form Contributions and Prior Effort  
            to Support the Arts  :  

             Existing state law allows taxpayers to contribute money to one  
            or more of 18 VCFs 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 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 VCFs, 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. 

            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. 








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            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 Arts Council Fund [SB 1076 (Price), Chapter 319, Statues  
            of 2010], first 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. 

            Senator Price commented about the prior effort, saying,  
            "Unfortunately, CAC was originally 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.

            "I am confident that lessons have been learned.  The fund will  
            be renamed for improved marketability.  I have been ensured  
            that the CAC remains firmly committed to promoting the fund  
            and will follow through on a multi-pronged marketing  
            campaign."









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           1)Prior Legislation  : SB 1076 (Price), Chapter 319, Statues of  
            2010, established the Arts Council Fund and authorized  
            taxpayers to designate a contribution on their tax returns.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Arts Council (Sponsor)
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Alliance for Arts Education
          California Catholic Conference
          California State PTA
           
          Opposition 
           
          None on file


           Analysis Prepared by  :    Dana Mitchell / A.,E.,S.,T. & I.M. /  
          (916) 319-3450