BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 292
                                                                  Page  1

          Date of Hearing:  April 13, 2009

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                             Charles M. Calderon, Chair

                 AB 292 (Yamada) - As Introduced:  February 13, 2009

          Majority vote.  Fiscal committee.

           SUBJECT  :  Personal income taxes:  voluntary contributions:   
          Alzheimer's disease

           SUMMARY  :  Extends from January 1, 2010 to January 1, 2015 the  
          sunset date for the Revenue and Taxation Code article that  
          authorizes the California Alzheimer's Disease and Related  
          Disorders Research Fund (Fund) voluntary contribution.   
          Specifically,  this bill  :  

          1)Deletes certain legislative findings and declarations relating  
            to the Fund, including those noting that:

             a)   Alzheimer's disease and related dementia disorders  
               affect 10% of Californians over the age of 65 and 50% of  
               Californians who are 85 years of age or older;

             b)   The total annual cost of caring for individuals with  
               Alzheimer's disease and other dementia disorders in  
               California is over $10 billion; and,

             c)   Approximately 50% of all nursing home admissions in  
               California are attributable to Alzheimer's disease and  
               related dementia disorders.  

          2)Adds legislative findings noting that:

             a)   Between 2008 and 2030 there will be a doubling in the  
               number of Californians living with Alzheimer's disease.  In  
               this same period, there is expected to be a tripling in the  
               number of California's Latinos and Asians with this  
               disease;

             b)   Among California's baby boomers 55 years of age and  
               older, their lifetime risk for developing Alzheimer's  
               disease is one in eight;









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             c)   Alzheimer's disease is now the sixth leading cause of  
               death in California;

             d)   Families provide almost three-quarters of the value of  
               care for individuals living with Alzheimer's disease in the  
               community and in facilities, amounting to approximately  
               $72.7 billion out of an estimated total cost of $104  
               billion.  These family caregivers are more likely to  
               experience financial hardship, health difficulties, and a  
               negative impact on their ability to work outside the home;  
               and,

             e)   The cost to the Medi-Cal program for an individual with  
               Alzheimer's disease or a related dementia is two and  
               one-half times greater than the cost for an individual  
               without a diagnosis of dementia.  

          3)Replaces statutory references to the defunct Health and  
            Welfare Agency with references to the California Health and  
            Human Services Agency.  

           EXISTING LAW  :

          1)Allows taxpayers to designate on their personal income tax  
            (PIT) returns a contribution to any of 15 voluntary  
            contribution funds (VCFs).

          2)Provides a specific sunset date for each VCF, except the  
            California Seniors Special Fund.

          3)Provides that each VCF must meet a minimum annual contribution  
            amount to remain in effect, except for the California Seniors  
            Special Fund, the California Firefighters' Memorial Fund, and  
            the California Peace Officer Memorial Foundation Fund.  

          4)Provides that all money transferred to the Fund shall, upon  
            appropriation by the Legislature, be allocated to:

             a)   The Franchise Tax Board (FTB) and the State Controller  
               for reimbursement of all related administrative costs; and,

             b)   The appropriate state department as established by the  
               Secretary of the Health and Welfare Agency in consultation  
               with the Department of Aging.  These funds are to be  
               expended for the purpose of conducting research relating to  








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               the care, treatment, and the cure of Alzheimer's disease  
               through contracts or grants.

           FISCAL EFFECT  :  FTB estimates that, if an itemized deduction is  
          claimed for every dollar contributed to the Fund, this bill will  
          reduce General Fund revenues by $20,000 per fiscal year (FY),  
          beginning in FY 2010-11.  

           Proposition 98 Fiscal Effect  :  Minimal, if any.

           COMMENTS  : 

          1)The author states, "Over the next two decades, the data show  
            that nearly 1 in 8 Californians over 55 will be affected by  
            Alzheimer's disease, and that this disease will triple in the  
            Asian American and Latino populations.  The scientific  
            opportunities exist to find the answers to Alzheimer's by  
            continuing vital research support.  Extending this voluntary  
            tax check-off allows Californians and their families a  
            mechanism to maintain a significant investment in healthcare  
            that all Californians deserve."  

          2)Supporters state, "Since 1988 Californians have contributed  
            more than $9.3 million in donations averaging only $11.   
            Contributions have funded 122 research studies led by  
            California scientists on the cause, diagnosis, treatment,  
            prevention and care of people living with Alzheimer's and  
            other dementias.  This work has not only contributed  
            substantially to our understanding of Alzheimer's but has  
            brought millions more in research funding into California's  
            economy."  

          3)FTB notes that:

             a)   The Fund first appeared on the 1987 PIT return;

             b)   The minimum contribution amount for the Fund each  
               calendar year is $250,000, indexed for inflation since  
               calendar year 2000;  

             c)   The Fund received contributions of $465,871 in 2006,  
               $485,401 in 2007, and $505,510 in 2008; and, 

             d)   Because the minimum contribution amount adjusts for  
               inflation, the Fund will need to receive $328,357 to remain  








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               on the 2009 return filed in 2010.  

           4)Committee Staff Comments  :  The author wishes to take  
            amendments in committee to:

             a)   Add several coauthors;

             b)   Correct a drafting error raised in FTB's bill analysis;  
               and, 

             c)   Make minor changes to the legislative findings and  
               declarations.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          AARP
          California Alliance for Retired Americans
          California Assisted Living Association
          California Association for Adult Day Services
          California Council of the Alzheimer's Association
          California School Employees Association
          Congress of California Seniors

           Opposition 
           
          None on file 
           
          Analysis Prepared by  :  M. David Ruff / REV. & TAX. / (916)  
          319-2098