BILL ANALYSIS                                                                                                                                                                                                    Ó



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

                              
          
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          |Bill No:  |AB 1399                          |Hearing    |6/8/16   |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Baker                            |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/10/16                          |Fiscal:    |Yes      |
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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             Income taxes:  voluntary contributions:  California Domestic  
                                    Violence Fund



          Authorizes the addition of the California Domestic Violence Fund  
          (Fund) check-off to the personal income tax return.    


           Background 

           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          repealed by a sunset date or fail to generate a minimum  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  
          amount is $250,000, beginning in the fund's second year, and is  
          adjusted yearly for inflation thereafter.  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, less an  
          administrative fee, 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 Controller and administrative agencies may  
          deduct administrations fees from the amount of donations each  
          VCF receives.  

          There are currently 19 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 1399 adds the California Domestic Violence 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 in the second calendar year the Fund appears on the tax  
          form, and the amount is 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  








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               costs incurred in administering the VCF,

                 To the Office of Emergency Services for distribution to  
               domestic violence programs in California that are in active  
               status, exempt from federal income taxation as an  
               organization described in Section 501(c)(3) of the Internal  
               Revenue Code, and are active grant recipients under the  
               Comprehensive Statewide Domestic Violence Program within  
               the Office of Emergency Services.  

          The bill prohibits funds to be used for administrative costs by  
          both the grant recipients and the Office of Emergency Services.   
          AB 1399 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, "On just one  
          day in 2014, 5,784 victims and their children received services  
          at domestic violence programs throughout the state.  On that  
          same day 1, 2016 request for services went unmet, of which 55%  
          were for housing, largely due to lack of resources.  That means  
          1,216, individuals, children, and families, could not secure a  
          safe place to stay, or receive vital counseling or resources.   
          Emergency shelter, transitional housing, and nonresidential  
          services could not be provided because of a lack of resources.   
          Of those unmet needs, approximately 49% of programs report that  
          victims return to their abuser, 37% report that victims become  
          homeless, and 16% report that families end up living in their  
          car.  The cause for these unmet needs are reduced government  
          funding (37%) cuts from private funding (25%) lack of staff  
          (23%) and a reduction in individual donations (13%.).  By  
          providing additional opportunities for donations to domestic  
          violence programs in own communities, we can better provide a  
          safe haven for families."









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          2.   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.  In 2014,  
          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.  However, SB 1207 (Wolk) was held on suspense in Assembly  
          Appropriations.

          3.   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 19.   
          With legislation introduced every year to add new VCFs, there is  
          little reason to expect this number to stop growing.  It is  
          estimated that FTB can only handle 8 or 9 more check-offs before  
          FTB has to create a separate tax schedule. 

          4.   Similar Legislation.   SB 1476 (Governance and Finance)  
          establishes general provisions for voluntary contribution funds.  
          Specifically, the bill establishes a seven year sunset, requires  
          a minimum contribution amount of $250,000 beginning in the  
          fund's second year, and each year thereafter, requires funds to  
          be continuously appropriated, and requires administering  
          agencies to post information online about the use of the funds.   
          SB 1476 is set to be heard in the Assembly Committee on Revenue  
          and Taxation on June 13, 2016.


           Assembly Actions

           Assembly Revenue and Taxation 8-0
          Assembly Appropriations       17-0
          Assembly Floor                78-0









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           Support and  
          Opposition   (6/2/16)


           Support  :  Alliance for Community Transformations; California  
          Partnership to End Domestic Violence; Center for Community  
          Solutions; Center for Domestic Peace; Contra Costa County Board  
          of Supervisors; Contra Costa District Attorney's Office; Fiona  
          Ma, State Board of Equalization Chairwoman; Safe Alternatives to  
          Violent Environments-SAVE.


           Opposition  :  California Department of Finance.



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