BILL ANALYSIS                                                                                                                                                                                                    Ó



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

                              
          
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          |Bill No:  |SB 1476                          |Hearing    |4/20/16  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Committee on Governance and      |Tax Levy:  |No       |
          |          |Finance                          |           |         |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/14/16                          |Fiscal:    |No       |
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          |Consultant|Bouaziz                                               |
          |:         |                                                      |
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                       Income taxation:  voluntary contributions



          Establishes general provisions for voluntary contribution funds.


           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          repealed by a sunset date or fail to generate a minimum  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, and is  
          adjusted yearly for inflation thereafter.  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 administrations 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.






























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          Proposed Law

           Senate Bill 1476 establishes the following general provisions  
          for all tax check-offs:

                 Sets a minimum contribution amount of $250,000 beginning  
               the second calendar year after the first appearance of the  
               fund on the income tax return, and eliminates the inflation  
               adjustment in subsequent years.

                 Lengthens the current standard five year sunset to seven  
               years.

                 Requires the administering agency to post online the  
               process for awarding money, the amount of money spent on  
               administration, and an itemization of how program funds  
               were awarded by the agency, including, but not limited to,  
               information regarding recipients of funds,

                 Provides that funds shall be continuously appropriated  
               to the administering agency to be spent as prescribed in  
               the bill that enacts the voluntary contribution.

                 Includes the words "voluntary tax contribution" in the  
               name of the fund,


          SB 1476 applies to all voluntary contribution funds established  
          or extended after January 1, 2017.


           State Revenue Impact

           FTB estimates that the bill will not impact state revenue.


           Comments

           1.   Purpose of the bill  .  On December 9, 2015 this Committee  
          held an oversight hearing titled "California's Tax Check-off  
          Program: Room for Improvement?"  The hearing reviewed the  
          current status of California's tax check-off funds and found a  








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          framework was needed to improve our current tax check-off  
          system.  Specifically, the Committee found that donated funds  
          could take years to reach the intended recipient, or worse yet  
          the money ends up in state coffers. The Legislature created  
          California's tax check-off system in 1982 with a noble  
          intention: to make it easier for Californians to donate to  
          charitable causes.  To date, tax check-offs have raised over  
          $102 million for various charitable causes, including social  
          services, public health, and environmental protection.  SB 1476  
          seeks to streamline the tax check-off process to ensure all  
          funds reach their intended recipient as quickly as possible, and  
          address administrative burdens tax check-off recipients have  
          faced.

           
           2.   Tax check-off program.   SB 1476 results from extensive  
          research and an oversight hearing which identified best  
          practices and reforms needed to ensure that taxpayers' voluntary  
          contributions are being put toward charitable purposes in a  
          transparent and timely fashion.  

          The current tax check-off process starts with the Legislature  
          enacting legislation. Next, a taxpayer contributes to an  
          established tax check-off on the income tax form.  The donation  
          is collected by FTB and distributed to the State Controller by  
          June 15th each year. Contributions made after June are not  
          distributed to the State Controller's Office until the following  
          year. The State Controller then distributes the funds according  
          to the enacting statute, which generally requires an  
          appropriation by the Legislature. Next, the administering agency  
          generally must submit a budget change proposal (BCP) to the  
          Department of Finance. Once the Department of Finance approves  
          the BCP, the appropriation is placed into a bill to be approved  
          by the Legislature. After the Governor signs that bill, only  
          then can the Controller transfer the donation to the  
          administering agency. This process can take years. 

          When a tax check-off is repealed, or fails to meet the minimum  
          contribution limit, the check-off fund is removed from the  
          income tax form.  After four years of inactivity the tax  
          check-off fund is abolished, and unused funds revert to the  
          General Fund at the direction of the Department of Finance.  
          Before the Department of Finance abolishes a tax check-off fund,  
          the Department sends a letter to the Joint Legislative Budget  








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          Committee informing the Committee of all funds slated to be  
          abolished. At that time, the Joint Legislative Budget Committee  
          has the opportunity to object to the check-off fund's  
          abolishment. The letter from the Department of Finance does not  
          specify the type of fund being abolished; the letter only lists  
          names of funds. Thus, it is unclear from the face of the letter  
          if an abolished fund is a privately-funded taxpayer check-off  
          fund or a government fund.

          SB 1476 will ensure timely use of tax check-off funds by  
          eliminating the current requirement of "appropriation by the  
          Legislature" of funds. Elimination of requiring an appropriation  
          by the Legislature for each tax check-off will result in funds  
          arriving to the administering agency at least a year earlier  
          than under the current process. The bill also protects tax  
          check-off funds from reverting to the General Fund by requiring  
          tax check-off funds to include "voluntary contribution fund" in  
          their names so that the Legislature, Department of Finance, and  
          the Joint Legislative Budget Committee are aware when a tax  
          check-off fund is slated for abolishment and reversion to the  
          General Fund.  Lastly, the bill includes reporting requirements  
          by the administering agency.  This serves as a safeguard against  
          eliminating the appropriation by the Legislature requirement.  
          Instead of the intended use of the funds only being available to  
          the Department of Finance in a BCP, the use of the funds will be  
          online available to everyone.

          3.   Administrative burdens  .  The Legislature must enact and  
          extend five year sunsets for all tax check-offs.  Additionally,  
          most tax check-offs must meet the minimum contribution amount of  
          $250,000 beginning the second calendar year after the first  
          appearance of the fund on the personal income tax return, and  
          indexed yearly for inflation thereafter.  It can be burdensome  
          for non-profits to go through the legislative process every five  
          years. Also, long standing tax check-offs have to meet high  
          minimum contribution amounts because of the yearly inflation  
          adjustment. 

          SB 1476 keeps the minimum contribution amount at $250,000,  
          beginning the second calendar year the fund is on the personal  
          income tax return, and establishes a seven year sunset for all  
          voluntary contribution funds to ease administrative burdens on  
          long standing tax check-offs.  









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           4.   Not all the same  .  While SB 1476 does establish general  
          provisions for all tax check-offs, currently there are a small  
          number of tax check-offs that either do not have a sunset or are  
          not subject to a minimum contribution amount.  This bill does  
          not seek to impose all provisions on all tax check-offs, but  
          instead serve as a framework of best practices for tax  
          check-offs. Current and future tax check-offs that have unique  
          circumstances may continue to craft legislation exempting them  
          from some of the general provisions in SB 1476.   











































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          Support and  
          Opposition   (4/14/16)


           Support :  Breast Cancer Fund; University of California.


           Opposition  :  Unknown.



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