AB 2497, as amended, Wagner. Voluntary contributions: California Senior Legislature Fund: California Senior Citizen Advocacy Fund.
Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of the California Senior Legislature Fund until the year in which the minimum contribution is not received, or January 1, 2019, whichever occurs first. Existing law also contains administrative provisions that are generally applicable to voluntary contributions.
This bill would repeal these provisions regarding contributions for the support of the California Senior Legislature Fund and would instead allow a taxpayer, for taxable years beginning on or after January 1, 2016, to designate an amount in excess of personal income tax liability to be deposited to the California Senior Citizen Advocacy Fund, which the bill would create. This bill would require moneys transferred to the California Senior Citizen Advocacy Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature, as provided.begin insert The bill would require the California Senior Legislature’s Internet Web site to report specified information, including all events the California Senior Citizen Advocacy Fund supports each year.end insert
This bill would repeal these voluntary contribution provisions by a specified date or, if contributions made on returns would be less than a specified amount, by an earlier date as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 18729 of the Revenue and Taxation Code
2 is amended to read:
(a) This article shall remain in effect only for taxable
4years beginning before January 1, 2016, and as of January 1, 2017,
5is repealed.
6(b) Notwithstanding the repeal of this article, any contribution
7amounts designated pursuant to this article prior to its repeal shall
8continue to be transferred and disbursed in accordance with this
9article as in effect immediately prior to that repeal.
Article 3.6 (commencing with Section 18730) is added
11to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation
12Code, to read:
13
(a) For taxable years beginning on or after January 1,
172016, any individual may designate on the tax return that a
18contribution in excess of the tax liability, if any, be made to the
19California Senior Citizen Advocacy Fund established by Section
2018731 to be used to conduct the sessions of the California Senior
21Legislature and to support its ongoing activities on behalf of older
22persons.
P3 1(b) The contribution shall be in full dollar amounts and may be
2made individually by each signatory on the joint return.
3(c) A designation under subdivision (a) shall
be made for any
4taxable year on the original return for that taxable year, and once
5made shall be irrevocable. If payments and credits reported on the
6return, together with any other credits associated with the
7individual’s account, do not exceed the individual’s tax liability,
8the return shall be treated as though no designation has been made.
9(d) The Franchise Tax Board shall revise the form of the return
10to include a space labeled “California Senior Citizen Advocacy
11Fund” to allow for the designation permitted under subdivision
12(a). The form shall also include in the instructions information that
13the contribution may be in the amount of one dollar ($1) or more
14and that the contribution shall be used to conduct the sessions of
15the California Senior Legislature and to support its ongoing
16activities
on behalf of older persons.
17(e) A deduction shall be allowed under Article 6 (commencing
18with Section 17201) of Chapter 3 of Part 10 for any contribution
19made pursuant to subdivision (a).
(a) There is hereby established in the State Treasury
21the California Senior Citizen Advocacy Fund to receive
22contributions made pursuant to Section 18730. The Franchise Tax
23Board shall notify the Controller of both the amount of money
24paid by taxpayers in excess of their tax liability and the amount
25of refund money that taxpayers have designated pursuant to Section
2618730 to be transferred to the California Senior Citizen Advocacy
27Fund. The Controller shall transfer from the Personal Income Tax
28Fund to the California Senior Citizen Advocacy Fund an amount
29not in excess of the sum of the amounts designated by individuals
30pursuant to Section 18730 for payment into that fund.
31(b) The California Senior Citizen Advocacy Fund is the
32successor fund of the California Senior Legislature Fund. All
33assets, liabilities, revenues, and expenditures of the California
34Senior Legislature Fund shall be transferred to, and become a part
35of, the California Senior Citizen Advocacy Fund, as provided in
36Section 16346 of the Government Code. Any references in state
37law to the California Senior Legislature Fund shall be construed
38to refer to the California Senior Citizen Advocacy Fund.
(a) All moneys transferred to the California Senior
2Citizen Advocacy Fund pursuant to Section 18731, upon
3appropriation by the Legislature, shall be allocated as follows:
4(1) To the Controller and the Franchise Tax Board for
5reimbursement of all costs incurred by the Controller and the
6Franchise Tax Board in connection with their duties under this
7article.
8(2) The balance to the California Senior Legislature, for its
9ongoing activities on behalf of older persons.
10(b) All moneys allocated pursuant to paragraph (2) of
11subdivision (a) may be carried over from the year in which they
12were received and encumbered in any following year.
13(c) The funds allocated to the California Senior Legislature for
14the purpose of funding the activities of the California Senior
15Legislature shall be spent pursuant to the purview of the Joint
16Rules Committee of the California Senior Legislature in a manner
17consistent with the bylaws of the California Senior Legislature,
18established through a majority vote of the California Senior
19Legislature.
20
(d) The California Senior Legislature’s Internet Web site shall
21report the goals of the organization, the number of and summary
22of bills proposed by the California Senior Legislature, and all
23events the California Senior Citizen Advocacy Fund supports each
24year.
(a) Except as otherwise provided in subdivision (b),
26this article shall remain in effect only for taxable years beginning
27before January 1, 2021, and as of December 1, 2021, is repealed.
28(b) (1) By September 1, 2017, and by September 1 of each
29subsequent calendar year that the California Senior Citizen
30Advocacy Fund appears on the tax return, the Franchise Tax Board
31shall do all of the following:
32(A) Determine the minimum contribution amount required to
33be received during the next calendar year for the fund to appear
34on the tax return for the taxable year that includes that next calendar
35
year.
36(B) Provide written notification to the California Senior
37Legislature of the amount determined in subparagraph (A).
38(C) Determine whether the amount of contributions estimated
39to be received during the calendar year will equal or exceed the
40minimum contribution amount determined by the Franchise Tax
P5 1Board for the calendar year pursuant to subparagraph (A). The
2Franchise Tax Board shall estimate the amount of contributions
3to be received by using the actual amounts received and an estimate
4of the contributions that will be received by the end of that calendar
5year.
6(2) If the Franchise Tax Board determines that the amount of
7the contributions estimated to be received during a calendar year
8will not at least equal the minimum contribution amount for the
9calendar year, this article shall be inoperative with respect to
10taxable years beginning on or after January 1 of that calendar year
11and shall be repealed on December 1 of that year.
12(3) For purposes of this section, the minimum contribution
13amount for a calendar year means two hundred fifty thousand
14dollars ($250,000) for the second calendar year after the first
15appearance of the California Senior Citizen Advocacy Fund on
16the personal income tax return or the minimum contribution amount
17as adjusted pursuant to subdivision (c).
18(c) For each calendar year, beginning with the third calendar
19year after the first appearance of the California Senior Citizen
20Advocacy Fund on the personal income tax return, the Franchise
21Tax Board shall adjust, on or before September 1 of that calendar
22year, the minimum contribution amount specified in subdivision
23(b) as follows:
24(1) The minimum estimated contribution amount for the calendar
25year shall be an amount equal to the product of the minimum
26estimated contribution amount for the calendar year multiplied by
27the inflation factor adjustment as specified in subparagraph (A) of
28paragraph (2) of subdivision (h) of Section 17041, rounded off to
29the nearest dollar.
30(2) The inflation factor adjustment used for the calendar year
31shall be based on the figures for the percentage change in the
32California Consumer Price Index for all items received on or before
33August 1 of the calendar year pursuant to paragraph (1) of
34subdivision (h) of Section 17041.
35(d) Notwithstanding the repeal of this article, any contribution
36amounts designated pursuant to this article prior to its repeal shall
37continue to be transferred and disbursed in accordance with this
38article as in effect immediately prior to that repeal.
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