BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1789|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 1789
          Author:   Santiago (D), et al.
          Amended:  6/27/16 in Senate
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  6-0, 6/15/16
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach
           NO VOTE RECORDED:  Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/1/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  76-0, 5/19/16 (Consent) - See last page for  
            vote

           SUBJECT:   Personal income taxes:  voluntary contributions:   
                     School Supplies for Homeless Children Fund


          SOURCE:    Author


          DIGEST:  This bill extends the sunset date for the School  
          Supplies for Homeless Children Fund tax check-off on the  
          personal income tax return.    


          ANALYSIS:  


          Existing law:










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                                                                    Page  2



          1)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.  





          2)Allows contribution amounts to be claimed as charitable  
            contributions on taxpayers' tax returns in the subsequent  
            year. 



          3)Requires that 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:



             a)   California Firefighters' Memorial Foundation Fund,





             b)   California Peace Officer Memorial Foundation Fund, and 



             c)   California Seniors Special Fund.











                                                                    AB 1789  
                                                                    Page  3


          This bill:


          1)Extends the sunset for the School Supplies for Homeless  
            Children Fund to January 1, 2022.    


          2)Expands eligible individuals who may receive school supplies.


          Background


          The School Supplies for Homeless Children Fund was originally  
          authorized by SB 1571 (DeSaulnier, Chapter 459, Statutes of  
          2012) in 2012 to help provide essential school supplies to  
          homeless children.  To date, the Fund has established a  
          successful record of generating taxpayer contributions.   
          Specifically, the Fund received $337,949 in valid contributions  
          in 2014, and $398,900 in 2015.   


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:




          The Franchise Tax Board (FTB) estimates that the bill would  
          result in annual revenue losses of $10,000 in 2017-18, and  
          $15,000 thereafter (General Fund). 




          The State Controller's Office, the Department of Social  
          Services, and FTB and would be reimbursed for related  
          administrative costs.










                                                                    AB 1789  
                                                                    Page  4



          SUPPORT:   (Verified8/3/16)


          California Catholic Conference, Inc.
          California State PTA
          California Teachers Association
          Common Sense Kids Action
          Give Something Back Office Supplies
          K to College
          League of California Cities


          OPPOSITION:   (Verified8/3/16)


          California Department of Finance


          ARGUMENTS IN SUPPORT:     According to the author, "Homelessness  
          is prevalent in urban and rural areas of California.  The Los  
          Angeles School District has the highest number of homeless  
          students (14,323) and Sacramento ranks among the top six  
          districts in overall number of homeless students and as a county  
          has more homeless students than any other in Northern  
          California.  A significant barrier to success homeless students  
          face is access to basic materials such as school supplies,  
          hygienic and dental products and other basic necessities.  Lack  
          of basic material needs accompanied with low self-esteem lead to  
          absenteeism and truancy, which prevents homeless students from  
          obtaining the education that is their best opportunity to escape  
          poverty.  The School Supplies for Homeless Children Fund  
          addresses the basic necessities these children need to succeed."


          ARGUMENTS IN OPPOSITION:     Opponent argues that the bill is of  
          limited value and results in a loss to the General Fund.   
          Additionally, it is unclear why special preference should be  
          given to one organization over the countless others that are not  
          on the tax form.

          ASSEMBLY FLOOR:  76-0, 5/19/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  







                                                                    AB 1789  
                                                                    Page  5


            Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mayes, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Wood, Rendon
          NO VOTE RECORDED:  Chang, Mathis, McCarty, Williams

          Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119
          8/3/16 18:13:29


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