BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 924


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          Date of Hearing:  April 20, 2015





                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                                 Philip Ting, Chair





          AB 924  
          (Cooley) - As Amended April 13, 2015





          Majority vote.  Fiscal committee.  


          SUBJECT:  Personal income tax:  voluntary contributions:  State  
          Children's Trust Fund


          SUMMARY:  Reauthorizes the addition of the State Children's  
          Trust Fund (Fund) checkoff to the personal income tax (PIT)  
          return upon the removal of another voluntary contribution fund  
          (VCF) from the return, or as soon as space is available.   
          Specifically, this bill:


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








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             a)   To the Franchise Tax Board (FTB) and the State  
               Controller for reimbursement of all costs incurred in  
               administering the VCF;

             b)   Up to 10% to the State Department of Social Services  
               (CDSS) to pursue public education about child abuse and  
               neglect prevention and early intervention in order to  
               encourage voluntary contributions to the Fund.  The CDSS  
               may delegate these duties by entering into a contract with  
               a designated private entity that has demonstrated  
               experience in education and promotion; and, 

             c)   The remainder to the CDSS for innovative child abuse and  
               neglect prevention and intervention programs operated by  
               private nonprofit organizations or public institutions of  
               higher education with recognized expertise in fields  
               related to child welfare and for evaluation, research, or  
               dissemination of information concerning existing program  
               models for the purpose of replication of successful models  
               as specified in Welfare and Institutions Code (WIC) Section  
               18965 et seq.  

          2)Provides that it is the Legislature's intent to create an  
            additional source of funding, and that moneys generated shall  
            not be used in place of funds from other sources that are  
            available to the Fund.  

          3)Provides for the Fund provisions' automatic sunset on January  
            1 of the fifth taxable year following the Fund's first  
            appearance on the PIT return.

          4)Requires the Fund to meet a minimum contribution threshold of  
            $250,000 indexed for inflation.

          EXISTING LAW:  

          1)Allows taxpayers to contribute to one or more of 18 VCFs on  
            the 2014 PIT return.








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          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  
            Firefighters' Memorial Fund, the California Peace Officer  
            Memorial Foundation Fund, and the California Seniors Special  
            Fund.

          4)Establishes, pursuant to WIC Section 18969, the Fund in the  
            State Treasury.  Money in the Fund, upon appropriation by the  
            Legislature, is allocated to the CDSS to fund child abuse and  
            neglect prevention and intervention programs.  

          5)Provides that the CDSS shall use no more than 5% of the funds  
            appropriated under WIC Section 18969 for administrative costs.  
              

          FISCAL EFFECT:  The FTB estimates annual revenue losses of  
          roughly $8,000 for every $250,000 contributed to the Fund by  
          taxpayers who itemize.  


          COMMENTS:  


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


               Over the last five years, the Trust Fund received between  
               $305,000 and $760,000 from voluntary "check-off"  
               contributions annually.  The contributions each year have  
               represented roughly 52 percent of the revenue deposited  
               into the fund, a critically important source of funding  
               activities.  The loss of this funding stream is resulting  
               in fewer prevention programs that directly target child  








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               abuse and neglect receiving funds.  To ensure these  
               programs remain supported, AB 924 reinstates [. . .] the  
               State Children's Trust Fund as a donation option for a  
               person to make in completing their taxes, if they expect a  
               refund.


          2)Proponents of this bill note the following:


               The State Children's Trust Fund has, until now, been one of  
               the twenty donation options on California Tax Forms.  AB  
               924 would reinstate the State Children's Trust Fund,  
               ensuring that voluntary contributions to the Fund remain an  
               option on tax forms.  


               The loss of this funding stream is resulting in fewer  
               prevention programs that directly target child abuse and  
               neglect, a preventable tragedy that affects nearly half a  
               million California children each year.  


          3)Committee Staff Comments


              a)   So many causes, so little space  :  There are countless  
               worthy causes that would benefit from the inclusion of a  
               VCF on the state's income tax returns.  At the same time,  
               space on the returns is limited.  Thus, it could be argued  
               that the current system for adding VCFs to the form is  
               subjective and essentially rewards organizations that can  
               convince the Legislature to include their fund on the form.


              b)   The prior VCF  :  Prior law authorized individuals to  
               designate contributions in excess of tax liability to an  
               identically-named VCF.  This VCF first appeared on the 1983  
               PIT return.  In 2014, the VCF's inflation-adjusted minimum  








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               contribution threshold was $324,972.  The VCF, however,  
               only received valid contributions totaling $303,159.  Thus,  
               the VCF was not included on the 2014 PIT return filed in  
               2015.  


             c)   VCF policy  :  This Committee's VCF policy provides that  
               "[A]ll proponents seeking authorization for a new or  
               reauthorized checkoff shall provide information justifying  
               their expectation that the checkoff will meet its minimum  
               contribution requirement."  In addition, this Committee's  
               VCF policy states that, "Checkoffs that have failed to meet  
               their minimum contribution requirement will not be extended  
               or reauthorized."  To this end, Committee staff questions  
               the precedent of simply re-establishing past VCFs when they  
               fail to garner sufficient support to remain on the form.   
               Moreover, the Committee may wish to consider whether it is  
               appropriate to effectively "re-set" this VCF's minimum  
               contribution threshold back to $250,000, as if it were a  
               completely new VCF.  


              d)   A question of percentages  :  This bill would allow the  
               CDSS to spend up to 10% of Fund moneys to encourage  
               voluntary contributions to the Fund.  Ostensibly, this is  
               being done to prevent the Fund from falling off the PIT  
               return in the future for failing to meet its minimum  
               contribution threshold.  While it is not entirely clear  
               from this bill's language, Committee staff assumes that the  
               10% limit applies to the entire amount contributed to the  
               VCF, and not the remaining amount distributed to the CDSS  
               after reimbursing the FTB and the State Controller for  
               their administrative expenses.  Thus, if the Fund were to  
               receive $250,000 through the VCF, up to $25,000 could be  
               spent to promote future donations.  The CDSS could  
               apparently spend this money directly or contract promotion  
               services out to a private entity.  










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               It is not clear, however, how this limitation would  
               interact, if at all, with the existing limitation on  
               administrative expenses imposed by WIC Section 18969, which  
               established the Fund and specifies that the CDSS shall use  
               no more than 5% of the funds appropriated under WIC Section  
               18969 for administrative costs.  Would this 5% limitation  
               also apply to moneys generated through the VCF?  If so,  
               would this 5% cap for administrative costs be on top of the  
               10% available for VCF promotion?  The author may wish to  
               clarify these issues through appropriate amendments.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Child Abuse Prevention Council of Sacramento


          Insights Counseling Group 


          Kern County Network for Children


          KidsFirst


          Plumas Crisis Intervention and Resource Center


          Prevent Child Abuse California











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          Opposition


          None on file




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