BILL ANALYSIS                                                                                                                                                                                                    Ó



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

                              
          
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          |Bill No:  |AB 2430                          |Hearing    |6/29/16  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Beth Gaines                      |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/27/16                          |Fiscal:    |Yes      |
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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                Voluntary contributions:  Type 1 Diabetes Research Fund



          Requires the addition of the Type 1 Diabetes Research 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          repealed by a sunset date or fail to generate a minimum  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,  
          adjusted annually for inflation.  The following check-offs do  
          not have a minimum contribution requirement:

                 California Firefighters' Memorial Foundation Fund,

                 California Peace Officer Memorial Foundation Fund, and 







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                 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 administration 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 2430 adds the Type 1 Diabetes Research Fund (Fund)  
          check-off, 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  
               costs incurred in administering the VCF,









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                 To the University of California (UC) for distribution of  
               grants to authorized diabetes research organizations.  Both  
               the UC and the authorized research organizations may also  
               use up to 5% of the grant moneys for administrative cost. 

          The bill allows the UC and the authorized research organizations  
          to use up to 5% of the grant money for administrative costs.  AB  
          2430 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, "Diabetes  
               has reached epidemic levels in California.  As of 2012,  
               about one in seven adult Californians have diabetes and as  
               many as one in three will be diagnosed in the near future.   
               The total cost for treatment of diabetes in California  
               exceeds $24.5 billion dollars.  This dollar amount includes  
               hospitalization, outpatient treatment, disability payments,  
               loss of individual productivity, and more.  As the number  
               of those affected increases, so too will the cost.  A  
               January 2015 audit, requested by our office, of the  
               Department of Public Health indicated that, at a funding  
               level of three cents per capita, California has the lowest  
               per capita funding for diabetes prevention in the nation.   
               As California and its Legislature debates how to address  
               this shortfall in diabetes funding, diabetics are seeing  
               their costs skyrocket on a daily basis.  Recently, a lot of  
               attention has been given to the study coming out of UCLA in  
               March of 2016 on prediabetes, which generally could result  
               in a diagnosis of Type 2 diabetes.  However, little to no  
               attention is given to Type 1 diabetes, which used to be  
               referred to as 'juvenile diabetes' given its high incidence  
               in children.  In California, there is an estimated 190,000  
               people diagnosed as type 1 diabetic.  While it certainly  
               seems to be a small percentage compared to the 8 million+  
               of the diabetic population, the costs associated with Type  








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               1 diabetes are immensely disproportionate.  Because Type 1  
               diabetes is an autoimmune disease in which a person's  
               pancreas stops producing insulin, Type 1 diabetics have to  
               have to carefully balance insulin doses (either by  
               injections multiple times a day or continuous infusion  
               through a pump) with eating and other activities throughout  
               the day and night on a daily basis.  They must also measure  
               their blood-glucose level by pricking their fingers for  
               blood six or more times a day.  These tools (the pump, the  
               sharps, the blood glucose meters, the testing strips, etc.)  
               are not cheap and as technology evolves, they get more  
               expensive.  AB 2430 seeks to create a voluntary tax  
               contribution designation on a state income tax deduction  
               form so that taxpayers can directly donate to the Juvenile  
               Diabetes Research Foundation (JDRF), who is the leading  
               global organization funding Type 1 diabetes research.  JDRF  
               is the only global organization with a strategic plan to  
               bring those living with Type 1 diabetes a continuous flow  
               of life-changing therapies and, ultimately, a cure for the  
               disease."

          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  








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          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 (Committee on 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 currently on the Assembly Floor.


           Assembly Actions

           Assembly Revenue and Taxation9-0
          Assembly Appropriations       20-0
          Assembly Floor                76-0

           Support and  
          Opposition   (6/22/16)


           Support  :  Unknown.

           Opposition  :  California Department of Finance.



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