BILL ANALYSIS Ó AB 2472 Page 1 Date of Hearing: May 25, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2472 (Linder) - As Amended May 18, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill allows a credit under the Personal Income Tax (PIT) Law for disabled veterans with a disability rating of 30% or higher for the cost of ownership and maintenance of a service animal. Specifically, this bill: AB 2472 Page 2 1)Allows a credit worth 50% of qualified costs, not to exceed $1,500, against PIT liability, from tax years beginning on or after January 1, 2017 and before January 1, 2019 2)Specifies that the availability of this this credit is contingent upon an appropriation to the Franchise Board (FTB) to implement the credit. 3)Specifies that the size of the credit will depend on the "adjustment factor" established during the annual budget process, but that the default is 0%. FISCAL EFFECT: 1)Annual GF cost pressure of up to $29 million in FY 2017-18 and $18 million in FY 2018-19. The costs of this credit depend on the adjustment factor set during the annual budget process. 2)Minor and absorbable administrative costs to FTB to change existing tax forms, instructions, and information systems. COMMENTS: 1)Purpose. AB 2472 is intended to be a modest tax credit that assists with the high costs of service animals for disabled veterans. The author argues that veterans face significant challenges when they re-enter society after their time in service, and this bill is in a response to the growing body of research that demonstrated the many health benefits of service AB 2472 Page 3 animals. 2)Background. There are approximately 1.8 million veterans living in California. Of that number, it is estimated that approximately 270,000 have service-related disability ratings that would make them eligible for the credit proposed in AB 2497 (a rating of 30% or higher). 3)The cost of service animals. AB 2472 was amended on May 18 to limit the size of the credit, bringing it more in line with the expected costs of providing for and caring for a service animal. Previous versions of the bill had a credit cap of $2,000, which assumed that costs incurred caring for a service animal amount to $4,000 annually (the credit is worth 50% of the costs to take care of a service animal). The May 18 amendment now assumes the costs of caring for a service animal to be closer to $3,000 annually. According to the American Kennel Club, the average cost the first year raising a dog is estimated to be $3,085. 4)How would this credit work? The bill was amended policy committee with two provisions that affect the availability and size of the credit. Specifically: a) The availability of the credit is contingent upon an appropriation to FTB to administer the credit. While administrative costs are expected to be minor, there must nevertheless be a specific appropriation for the agency to administer the service animal credit. Without one, the AB 2472 Page 4 credit is not made available to qualified taxpayers. b) The Budget Act must set an adjustment factor for the credit, which determines its size. Similar to the California earned income tax credit (EITC), the size of the service animal credit would be based on the size of this adjustment factor. The adjustment factor is set at a default of 0%, meaning that unless otherwise specified through the budget process, this credit is not available. An adjustment factor of 0.5 would mean that the credit would be half of large as it normally would be (up to a $750). These amendments will help policymakers manage costs and require a newly created tax expenditure to be considered along with other spending items. Generally, tax expenditures are considered outside the budget process, even though they have a direct impact on the availability of funds for other programs. These amendments also create practical complications for ensuring the credit is effective. New tax credits can take some time to get started in part because taxpayers need to be educated about the program and FTB needs time to develop systems and processes. If the availability and size of the credit change annually, this can undermine the goal of providing relief to disabled veterans. Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081 AB 2472 Page 5