BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2497 (Wagner) - Voluntary contributions:  California Senior  
          Legislature Fund:  California Senior Citizen Advocacy Fund
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: June 30, 2016          |Policy Vote: GOV. & F. 7 - 0    |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: No                     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: August 1, 2016    |Consultant: Robert Ingenito     |
          |                                |                                |
           ----------------------------------------------------------------- 
          
          This bill does not meet the criteria for referral to the  
          Suspense File.


          


          Bill  
          Summary: AB 2497 would (1) repeal the California Senior  
          Legislature Fund, and (2) authorize in its place the addition of  
          the California Senior Citizen Advocacy Fund check-off to the  
          personal income tax return.  


          Fiscal  
          Impact:
                 The Franchise Tax Board (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 (SCO) and FTB and would be  
               reimbursed for related administrative costs.







          AB 2497 (Wagner)                                       Page 1 of  
          ?
          
          



          Background: Current law allows taxpayers to contribute money to one or more  
          of 19 voluntary contribution funds during the process of filing  
          their state income tax return (VCF). These contributions are  
          made from taxpayers' own resources, not from their tax  
          liability, as is the case with federal tax returns. Check-off  
          amounts are deductible as charitable contributions on taxpayers'  
          returns during the subsequent tax year. With some exceptions,  
          each voluntary contribution fund has a sunset date and is  
          required to meet a minimum contribution amount of $250,000,  
          adjusted annually for inflation.

          The California Senior Legislature (CSL) is a volunteer body  
          whose primary mission is to gather ideas for legislation at the  
          state and federal levels, craft the ideas into formal proposals,  
          prioritize the proposals, present them to members of the  
          Legislature or the Congress, and advocate for laws implementing  
          the ideas. The entity has three major sources of funding:  
          individual contributions, an annual membership group called  
          "Friends of the CSL," and donations via the VCF. Unlike some  
          other VCF causes, this group is nearly entirely reliant on VCF  
          donations.


          Proposed Law:  
           This bill would repeal the California Senior Legislature Fund  
          and add the California Senior Citizen Advocacy Fund (Fund).  It  
          would allow a taxpayer to make a voluntary contribution to the  
          Fund on the state personal income tax return.  The bill would  
          require 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 would provide that all money transferred  
          to the Fund, upon appropriation by the Legislature, be allocated  
          as follows: (1) to FTB and the State Controller for  
          reimbursement of all costs incurred in administering the VCF,  
          and (2) to the California Senior Legislature, for its ongoing  
          activities on behalf of older persons.  


          The bill would sunset on January 1, 2021.









          AB 2497 (Wagner)                                       Page 2 of  
          ?
          
          



          Related  
          Legislation: SB 1476 (Committee on Governance and Finance) would  
          establish general provisions for voluntary contribution funds.  
          Specifically, the bill would (1) establish a seven-year sunset,  
          (2) require 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 (3) require  
          administering agencies to post information online about the use  
          of the funds.  SB 1476 is currently awaiting action by the full  
          Assembly. 


          Staff  
          Comments: The California Senior Legislature Fund first appeared  
          on the 1983 tax return. The Fund's name was changed in 1994, and  
          again in 2014. Specifically, SB 997 (Morrell, Chapter 248,  
          Statutes of 2014) repealed the California Fund for Senior  
          Citizens and established the California Senior Legislature Fund.  
          Annual contribution to the Fund and its predecessor have  
          declined during the past four taxable years, totaling 234,247 in  
          2013, $229,522 in 2014, $60,137 in 2015, and $59,422 in 2016 (a  
          preliminary figure).
          FTB data indicate that in 2012, 89,335 out of 15 million  
          taxpayers contributed a total of $4.8 million via tax  
          check-offs.  The tax check-off program typically collects $4-5  
          million in annual contributions for all VCFs.




                                      -- END --