BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 924                           |Hearing    |6/17/15  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Cooley                           |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/29/15                          |Fiscal:    |Yes      |
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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                 PERSONAL INCOME TAX:  VOLUNTARY CONTRIBUTIONS:  STATE  
                                CHILDREN'S TRUST FUND



          Reauthorizes the addition of the State Children's Trust Fund  
          check-off to the personal income tax return.


           Background and Existing Law

           Existing state law allows taxpayers to contribute money to  
          voluntary contribution funds (VCFs) by checking a box on their  
          state income tax returns.  California law requires contributions  
          made through so-called "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 in the  
          subsequent year. 

          Each VCF is individually added to the tax return by legislation.  
           With a few exceptions, VCFs remain on the return until they are  
          repealed by a sunset date or fail to generate a minimum  
          contribution amount.  In general, the minimum contribution  
          amounts are adjusted annually for inflation.  For most VCFs, the  
          minimum contribution amount is $250,000, beginning in the fund's  
          second year.  The following check-offs do not have a minimum  
          contribution requirement:

              California Firefighters' Memorial Foundation Fund,







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              California Peace Officer Memorial Foundation Fund, and 
              California Seniors Special Fund.

          When a taxpayer contributes to VCFs, the Franchise Tax Board  
          (FTB) deposits the total of all contributions into the fund  
          created as part of the VCF's legislative authorization.  For  
          some VCFs, such as the Protect Our Coast and Ocean Fund,  
          taxpayers' contributions are allocated to a state agency for use  
          in a state administered grant program.  Other VCFs' authorizing  
          statutes direct administrative agencies to allocate donations to  
          a private organization.  For example, the Office of Emergency  
          Services passes VCF funds to the American Red Cross.  Other  
          funds require the State Controller to send the funds directly to  
          private organizations without passing through an administrative  
          agency, such as the California Fire Foundation.  The FTB, the  
          Controller, and an administrative agency may deduct from the  
          amount of donations each VCFs receives for direct costs of  
          administering a fund.  

          There are currently 18 check-offs listed on the tax return form.  
          The tax check-off program typically collects $4-5 million in  
          annual contributions for all VCFs.


           


          Proposed Law

           Assembly Bill 924 reauthorizes the addition of the State  
          Children's Trust Fund (Fund), and allows a taxpayer to make a  
          voluntary contribution to the Fund on the state personal income  
          tax return, beginning once an existing check-off for charitable  
          fund contribution has been removed, or as soon as space is  
          available.  The bill requires the Fund to meet a minimum  
          contribution threshold of $250,000, indexed yearly for  
          inflation.

          Additionally, the bill provides that all money transferred to  
          the Fund, upon appropriation by the Legislature, be allocated as  
          follows:

                 To FTB and the State Controller for reimbursement of all  
               costs incurred in administering the VCF,








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                 Up to 10% to the State Department of Social Services  
               (CDSS) to pursue public education about child abuse,  
               neglect prevention, and early intervention 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, 

                 The remainder to the CDSS for innovative child abuse,  
               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.

          AB 924 provides that the bill automatically sunsets on January 1  
          of the fifth taxable year following the Fund's first appearance  
          on the personal income tax form.



           State Revenue Impact

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


           Comments

           1.  Purpose of the bill.   According to the author, "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 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.  Hitting the reset button.   The State Children's Trust Fund  








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          first appeared on the 1983 personal income tax return.  By 2014,  
          the inflation-adjusted minimum contribution threshold was  
          $324,972, but the fund only received contributions of  
          approximately $303,000.  As a result, the fund was not included  
          on the 2014 personal income tax return (which is filed in 2015)  
          and discontinued.  Reauthorizing the Fund effectively resets the  
          minimum contribution to $250,000 in contravention of the general  
          policy for voluntary contribution funds.

          3.  Is there a better way?   The current tax check-off program  
          generates a relatively small share of statewide contributions to  
          charitable causes.  In 2008, Californians donated more than $17  
          billion to charities.  However, less than 1% of Californians use  
          the tax check-off program to make donations to charitable  
          organizations.  FTB reports that in 2012, 89,335 out of 15  
          million taxpayers contributed a total of $4.8 million to 18  
          check-offs.  Last year SB 1207 (Wolk) attempted to address this  
          issue and help grow charitable giving by establishing the  
          California Voluntary Contribution Program to promote charitable  
          giving and collect donations.  This would have allowed many more  
          charities to participate in the program, would have screened  
          potential participants before adding them onto the form and  
          eliminated the need for each organization to go through the  
          Legislative process.  Under SB 1207, charities would instead  
          apply to the office of California Volunteers for placement on  
          the income tax form.  SB 1207 (Wolk) was held on suspense in  
          Assembly Appropriations.

          4.  Bills, bills, bills.   Currently, tax check-offs must be added  
          by the Legislature.  In 2008, 11 VCFs appeared on the personal  
          income tax return.  Today, the return contains 18.  With  
          legislation introduced every year to add new VCFs, there is  
          little reason to expect this number to stop growing.  The  
          growing number results in significant costs to the Franchise Tax  
          Board (FTB).  It is estimated that FTB can only handle 12-15  
          more check-offs before it has to redesign its information  
          technology system, at a cost of $800,000 to $1 million.  


          Assembly Actions

           Assembly Revenue and Taxation 7-0
          Assembly Appropriations       17-0
          Assembly Floor                74-0








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           Support and  
          Opposition   (6/11/15)

           Support  :  California Family Resource Association; Child Abuse  
          Prevention Center; Child Abuse Prevention Council of Sacramento;  
          Children's Bureau of Southern California; Insights Counseling  
          Group; Kern County Network for Children; Kids First; Local  
          Planning Council for Child Care & Development in Del Norte  
          County; North County Rape Crisis & Child Protection Center;  
          Orangewood Children's Foundation; Plumas Crisis Intervention and  
          Resource Center; Prevent Child Abuse California; Roundhouse  
          Council; Santa Maria Valley Youth & Family Center; The  
          Partnership for Safe Families & Communities of Ventura County.

           Opposition :  California Department of Finance.



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