BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 571
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          SENATE THIRD READING
          SB 571 (Liu)
          As Amended  August 22, 2013
          Majority vote 

           SENATE VOTE  :35-2  
           
           REVENUE & TAXATION       5-0    ARTS, ENTERTAINMENT, SPORTS     
          7-0                 
           
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          |Ayes:|Bocanegra, Mullin,        |Ayes:|Ian Calderon, Waldron,    |
          |     |Nestande, Pan, Ting       |     |Bloom, Brown, Gomez,      |
          |     |                          |     |Levine, Wilk              |
           ----------------------------------------------------------------- 
           APPROPRIATIONS          17-0                                    
           
           ----------------------------------------------------------------- 
          |Ayes:|Gatto, Harkey, Bigelow,   |     |                          |
          |     |Bocanegra, Bradford, Ian  |     |                          |
          |     |Calderon, Campos,         |     |                          |
          |     |Donnelly, Eggman, Gomez,  |     |                          |
          |     |Hall, Holden, Linder,     |     |                          |
          |     |Pan, Quirk, Wagner, Weber |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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).  









                                                                  SB 571
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          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  
            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  :  According to the Assembly Appropriations  
          Committee, the FTB estimates that this bill would result in  
          annual General Fund revenue losses of $10,000 beginning in  
          fiscal year 2014-15.  

           COMMENTS:
           
           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.   
           
           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,  








                                                                  SB 571
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          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.  

           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 Legislature 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.  


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


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