BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 571|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                 UNFINISHED BUSINESS


          Bill No:  SB 571
          Author:   Liu (D), et al.
          Amended:  8/22/13
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  :  6-1, 5/1/13
          AYES:  Wolk, Beall, DeSaulnier, Emmerson, Hernandez, Liu
          NOES:  Knight

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 5/20/13
          AYES:  De León, Walters, Gaines, Hill, Padilla, Steinberg
          NO VOTE RECORDED:  Lara

          SENATE FLOOR  :  35-2, 5/28/13
          AYES:  Beall, Berryhill, Block, Calderon, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines,  
            Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Lieu, Liu, Nielsen, Padilla, Pavley, Price, Roth,  
            Torres, Walters, Wolk, Wright, Wyland, Yee
          NOES:  Anderson, Knight
          NO VOTE RECORDED:  Monning, Steinberg, Vacancy

           ASSEMBLY FLOOR  :  74-1, 9/3/13 - See last page for vote


           SUBJECT  :    Income taxes:  voluntary contributions:  Keep Arts  
          in Schools

           SOURCE  :     California Arts Council


           DIGEST  :    This bill creates the Keep Arts in Schools Fund tax  
                                                                CONTINUED





                                                                     SB 571
                                                                     Page  
          2

          check-off on the personal income tax form.

           Assembly Amendments  change the author of the bill, add a  
          co-author, and make a technical change.

           ANALYSIS  :    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.

          This bill 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 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.  This bill allows the Fund check-off to  
          remain on the tax return for five years unless a later enacted  
          statute deletes or extends the date.

           Background
           
          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. 


                                                                CONTINUED





                                                                     SB 571
                                                                     Page  
          3

          The Arts Council Fund (SB 1076, Price, 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.

          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. 

          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.      |
           |                   |            |                         |
           |-------------------+------------+-------------------------|
           |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.             |
           |                   |            |                         |
           |-------------------+------------+-------------------------|

                                                                CONTINUED





                                                                    SB 571
                                                                     Page  
          4

           |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           |            |Peace Officer Memorial   |
           |Foundation Fund    |            |Commission               |
           |                   |            |                         |
           |-------------------+------------+-------------------------|
           |CA Police          |$67,202     |The state CALPAL and     |
           |Activities League  |            |county CALPAL chapters   |
           |(CALPAL) Fund      |            |                         |
           |                   |            |                         |
           |-------------------+------------+-------------------------|
           |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      |

                                                                CONTINUED





                                                                     SB 571
                                                                     Page  
          5

           |                   |            |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           |Initial Tax |1 group: Department of   |
           |Leadership Fund    |Return 2012 |Education to provide for |
           |                   |            |the CA Youth Leadership  |
           |                   |            |Project.                 |

                                                                CONTINUED





                                                                     SB 571
                                                                     Page  
          6

           |                   |            |                         |
           |-------------------+------------+-------------------------|
           |CA Veterans Homes  |$210,078    |The number of            |
           |Fund               |            |established veteran's    |
           |                   |            |homes (7).               |
           |                   |            |                         |
           |-------------------+------------+-------------------------|
           |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            |            |Fish and Wildlife        |
           |Preservation       |            |endangered conservation  |
           |Program            |            |programs.                |
           |                   |            |                         |
           |-------------------+------------+-------------------------|
           |Safely Surrendered |$158,645    |1 group: Department of   |
           |Baby Fund          |            |Social Services for      |
           |                   |            |Safely Surrender Baby    |
           |                   |            |Law awareness programs.  |
           |                   |            |                         |
           |-------------------+------------+-------------------------|
           |School Supplies    |Initial Tax |As many as apply and     |
           |for Homeless       |Return 2012 |receive grants that are  |
           |Children Fund      |            |provided for by the      |
           |                   |            |monies contributed.      |
           |                   |            |                         |
           |-------------------+------------+-------------------------|

                                                                CONTINUED





                                                                     SB 571
                                                                     Page  
          7

           |State Children's   |$376,243    |1 group: Department of   |
           |Trust for the      |            |Social Services for      |
           |Prevention of      |            |prevention and           |
           |Child 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.      |
           |                   |            |                         |
           |                   |            |                         |
            ---------------------------------------------------------- 

           Comments
           
          The author's office states that this bill 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 California Arts Council (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 CAC; (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.  The fund will be renamed for  
          improved marketability.  

          This bill enables the CAC to raise additional funds so that they  
          can, in turn, support more of our constituents, communities,  

                                                                CONTINUED





                                                                     SB 571
                                                                     Page  
          8

          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 this bill 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."

           Related Legislation
           
          SB 116 (Liu) extends the Emergency Food for Families fund  
          indefinitely with no sunset.  This fund is one of the two most  
          successful funds on the tax form.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, the FTB  
          estimates that this bill results in an annual revenue loss of  
          $10,000 (General Fund) beginning in 2014-15.  FTB indicates that  
          this bill will not significantly impact its own costs.

           SUPPORT  :   (Verified  9/3/13)

          California Arts Council (source)
          California Alliance for Arts Education

           ASSEMBLY FLOOR  :  74-1, 9/3/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Daly,  
            Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines,  
            Garcia, Gatto, Gomez, Gonzalez, Gorell, Gray, Grove, Hagman,  
            Harkey, Roger Hernández, Holden, Jones-Sawyer, Levine, Linder,  
            Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez,  
            Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,  

                                                                CONTINUED





                                                                     SB 571
                                                                     Page  
          9

            Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NOES:  Jones
          NO VOTE RECORDED:  Dahle, Gordon, Hall, Vacancy, Vacancy


          AB:d:n  9/3/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****

































                                                                CONTINUED