BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 2371|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 2371
          Author:   Frazier (D) 
          Amended:  5/12/16 in Assembly
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  6-0, 6/29/16
           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:  75-0, 5/19/16 - See last page for vote

           SUBJECT:   Voluntary contributions:  Special Olympics Fund


          SOURCE:    Author

          DIGEST:   This bill requires the addition of the Special  
          Olympics Fund (Fund) check-off to the personal income tax  
          return.


          ANALYSIS:  


          Existing law:


          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  








                                                                    AB 2371  
                                                                    Page  2


            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            return until they are repealed by a sunset date or fail to  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.


          This bill:


          1)Adds the 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.  


          2)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.









                                                                    AB 2371  
                                                                    Page  3


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


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


             b)   To the State Department of Developmental Services where  
               the balance shall be disbursed between the Special Olympics  
               Northern California (SONC) and Special Olympics Southern  
               California (SOSC) based on the amount of donations provided  
               by taxpayers in each organization's jurisdiction based on  
               the county of the taxpayer contributing, for the purpose of  
               supporting children and adults with intellectual  
               disabilities.


          4)Prohibits funds to be used for administrative costs by SONC  
            and SOSC, and limits the State Department of Developmental  
            Services to 3% of the moneys allocated to it for  
            administrative costs.


          5)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.


          Background


          SONC and SOSC are chapters of Special Olympics, an organization  
          founded by Eunice Kennedy Shriver in 1968 that provides  
          year-round sports training and athletic competition for children  
          and adults with intellectual disabilities.  The Special  
          Olympics' global reach is approximately 4.4 million athletes.   
          According to the proponents of this bill, SONC and SOSC serve  
          59,000 athlete families, receive assistance from over 45,000  
          volunteers and 18,000 law enforcement volunteers, and benefit  
          from 36,000 current donors.  This wide base of support, coupled  
          with a big social media push during tax season if the voluntary  
          contribution designation is enacted, would help the Fund meet  







                                                                    AB 2371  
                                                                    Page  4


          its minimum contribution requirement.




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


          According to the Senate Appropriations Committee:


           FTB estimates that, beginning in 2017- 18, this bill would  
            result in an annual revenue loss of $8,000 (General Fund) for  
            every $250,000 contributed by itemizing taxpayers.


           The State Controller's Office and FTB and would be reimbursed  
            for related administrative costs. Reimbursement to the  
            Department of Developmental Services would be limited to three  
            percent of moneys allocated to it.


          SUPPORT:   (Verified8/3/16)


          Association of Regional Center Agencies
          Special Olympics Northern California
          Special Olympics Southern California
          The Arc and United Cerebral Palsy California Collaboration


          OPPOSITION:   (Verified8/3/16)


          California Department of Finance


          ARGUMENTS IN SUPPORT:     According to the author, "The Special  
          Olympics Northern California (SONC) and Southern California  
          (SOSC) provide athletic opportunities to children and adults  
          with intellectual disabilities, instilling the confidence they  
          need to succeed in life.  Through the power of sports, people  
          with intellectual disabilities discover new strengths and  







                                                                    AB 2371  
                                                                    Page  5


          abilities, skills and success.  SONC and SOSC athletes find joy,  
          confidence and fulfillment - on the playing field and in life.   
          They also inspire people in their communities and elsewhere to  
          open their hearts to a wider world of human talents and  
          potential.  The California Special Olympics divided into two  
          chapters in 1995, SONC and SOSC.  What started originally as a  
          small grassroots organization has since become a powerful voice  
          for athletes with intellectual disabilities.  SONC and SOSC has  
          provided athletic opportunities to over 40,000 athletes  
          throughout the state.  AB 2371 will allow individuals to make a  
          voluntary contribution in excess of their tax liability, if any,  
          to the Special Olympics Fund.  Contributions to the Special  
          Olympics Fund shall be used to conduct activities of Special  
          Olympics Northern California and Special Olympics Southern  
          California."


          ARGUMENTS IN OPPOSITION:     Opponent argues that this 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:  75-0, 5/19/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            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, 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, Gordon, Mathis, McCarty, Williams

          Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119
          8/3/16 19:33:36


                                   ****  END  ****







                                                                    AB 2371  
                                                                    Page  6