BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1088
          Author:   Fletcher (R)
          Amended:  3/1/10 in Senate
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  4-0, 4/13/10
          AYES:  Denham, Correa, Negrete McLeod, Cedillo
          NO VOTE RECORDED:  Wyland, Vacancy, Vacancy

           SENATE REVENUE & TAXATION COMMITTEE  :  3-0, 6/23/10
          AYES:  Wolk, Alquist, Padilla
          NO VOTE RECORDED:  Walters, Ashburn

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  71-0, 1/27/10 - See last page for vote


           SUBJECT  :    Taxpayer contributions:  California Veterans  
          Homes Fund

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the addition of the  
          California Veterans Homes Fund check-off to the personal  
          income tax form upon the removal of another voluntary  
          contribution fund from the form.

           ANALYSIS  :    

           Existing Law
                                                           CONTINUED





                                                              AB 1088
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          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. 

          This bill:

          1. Establishes the California Veterans Homes Fund (Fund) in  
             the State Treasury. 

          2. Provides that all moneys transferred to the Fund, upon  
             appropriation by the Legislature, shall be allocated as  
             follows: 

             A.    To the Franchise Tax Board (FTB) and the State  
                Controller for reimbursement of costs incurred in  
                administering the check-off.

             B.    To the California Department of Veterans Affairs  
                (CDVA) for allocation to the administrators of  
                veterans' homes.  Specifically, moneys shall be  
                distributed proportionally to the Morale, Welfare,  
                and Recreation Fund of each veteran.

          3. States that it is the Legislature's intent for this bill  
             to create an additional funding source for veterans  
             homes that will supplement, and not supplant, other  
             funding sources. 

          4. Provides for the Fund provisions' automatic repeal on  
             either January 1 of the fifth taxable year following the  
             first appearance of the Fund on the PIT return, or on  
             January 1 of an earlier year, if FTB estimates that the  
             annual contribution amount will be less than $250,000,  
             or an adjusted amount for subsequent years. 







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                                                                Page  
          3


          5. Deletes the statutory provisions that authorized the  
             Veterans Quality of Life Fund check-off, which was also  
             used to fund veterans' homes. 

          6. Makes other conforming changes.

           California Veterans' Home  .  As noted by CDVA, the Veterans'  
          Home of California is first and foremost a place where  
          veterans come to live.  Specifically, "It offers complete  
          medical and dental care amidst the amenities of a small  
          town atmosphere.  Residents may participate in on- or  
          off-campus activities, civic affairs or attend veterans'  
          service organization meetings.  On campus, residents have  
          the option of participating in the Therapeutic Employment  
          Program or by helping other veterans through volunteer  
          service."  CDVA currently operates campuses in Yountville  
          (Napa County), Barstow (San Bernardino County), Chula Vista  
          (San Diego County), Lancaster (Los Angeles County), and  
          Ventura (Ventura County).  CDVA is also designing and  
          constructing three new homes in West Los Angeles (Los  
          Angeles County), Fresno (Fresno County), and Redding  
          (Shasta County). 

           Comment
           
          The author's office states this bill establishes a  
          voluntary contribution fund to finance programs and  
          services at the California Veterans' Homes via the Morale,  
          Welfare, and Recreation Fund provided by Section 1048 of  
          the Military and Veterans Code. 

           Prior/Related Legislation
           
          AB 357 (Horton), Chapter 143, Statutes of 2005, authorizes  
          the addition of a virtually identical VCF called the  
          Veterans' Quality of Life Fund to augment the amount of  
          money available to the state's veterans homes.  The  
          Veterans' Quality of Life Fund appeared on the 2005 and  
          2006 tax returns in calendar years 2006 and 2007,  
          respectively.  The prior fund received $135,345 in 2006 and  
          $168,146 in 2007.  For tax years beginning on or after  
          January 1, 2007, the fund needed to meet a minimum  
          contribution threshold of $250,000 but failed to do so, and  







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          as a result, the fund ceased to be operative. 

          AB 658 (Hayashi) creates a VCF designation on the personal  
          income tax return in order for taxpayers to contribute to  
          the California Police Activities Fund (CALPAL).  This bill  
          is on the Senate Third Reading File.

          AB 1008 (Block) creates a VCF designation on the personal  
          income tax form for taxpayers to contribute to the National  
          Guard Education Assistance Fund.  This bill is on the  
          Senate Third Reading File.

          AB 1983 (Torrico), provides a tax check-off for the Safety  
          Srrendered Baby Fund.  This bill is in Senate Third Reading  
          File.

          AB 2017 (Hall) creates a VCF designation on the personal  
          income tax return for taxpayers to contribute to the Young  
          Men's Christian Association (YMCA) Youth and Government  
          Fund.  This bill is on the Senate Third Reading File.

          SB 1076 (Price) creates a VCF designation on the personal  
          income tax return for taxpayers to contribute to the Arts  
          Council Fund.  This bill has been held in the Senate  
          Appropriations Committee. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/2/10)

          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers
          Sacramento Veterans Affiliated Council
          San Diego County Veterans Nursing Council
          San Diego County Veterans Service Officers
          San Diego United veterans Council
          Vietnam Veterans of America, California State Council


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Anderson, Arambula, Beall, Bill Berryhill,  
            Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford,  







                                                               AB 1088
                                                                Page  
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            Brownley, Buchanan, Caballero, Charles Calderon, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Nielsen,  
            John A. Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torres, Torrico, Tran, Villines, Yamada
          NO VOTE RECORDED:  Ammiano, Carter, Hall, Niello, V. Manuel  
            Perez, Torlakson, Bass


          TSM:do  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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