BILL NUMBER: AB 160 CHAPTERED 09/03/99 CHAPTER 315 FILED WITH SECRETARY OF STATE SEPTEMBER 3, 1999 APPROVED BY GOVERNOR SEPTEMBER 2, 1999 PASSED THE SENATE AUGUST 24, 1999 PASSED THE ASSEMBLY MAY 20, 1999 INTRODUCED BY Assembly Member Alquist JANUARY 15, 1999 An act to amend Section 18766 of the Revenue and Taxation Code, relating to taxation. LEGISLATIVE COUNSEL'S DIGEST AB 160, Alquist. Personal income taxes: contributions: Alzheimer's disease. The Personal Income Tax Law allows taxpayers, until January 1, 2000, to contribute amounts in excess of their tax liability for the support of the California Alzheimer's Disease and Related Research Fund. Existing law provides that if these provisions are continued indefinitely they, nevertheless, would be repealed in any calendar year in which the Franchise Tax Board estimates that the minimum contribution amount will be less than a prescribed amount as annually adjusted. This bill would extend the operation of those contribution provisions to January 1, 2005. This bill would also, for taxable years beginning in 2000, repeal those contribution provisions in any calendar year in which the Franchise Tax Board estimates that the minimum contribution amount will be less than the prescribed amount as annually adjusted. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18766 of the Revenue and Taxation Code is amended to read: 18766. (a) This article shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2005, deletes that date. (b) If, in any calendar year, the Franchise Tax Board estimates by September 1 that contributions described in this article made on returns filed in that calendar year will be less than two hundred fifty thousand dollars ($250,000) for taxable years beginning in 2000, or the adjusted amount specified in subdivision (c) for subsequent taxable years, as may be applicable, then this article is repealed with respect to taxable years beginning on and after January 1 of that calendar year. The Franchise Tax Board shall estimate the annual contribution amount by September 1 of each year using the actual amounts known to be contributed and an estimate of the remaining year's contributions. (c) For each calendar year, beginning with calendar year 1992, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum estimated contribution amount specified in subdivision (b) as follows: (1) The minimum estimated contribution amount for the calendar year shall be an amount equal to the product of the minimum estimated contribution amount for the prior September 1 multiplied by the inflation factor adjustment as specified in paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. (2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. (d) Notwithstanding the repeal of this article, any contribution amounts designated pursuant to this article prior to its repeal shall continue to be transferred and disbursed in accordance with this article as in effect immediately prior to that repeal.