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