BILL ANALYSIS
AB 1983
Page 1
ASSEMBLY THIRD READING
AB 1983 (Torrico)
As Amended May 4, 2010
Majority vote
REVENUE & TAXATION 9-0 APPROPRIATIONS 14-0
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|Ayes:|Portantino, Conway, |Ayes:|Fuentes, Conway, Ammiano, |
| |Beall, | |Coto, Davis, Bonnie |
| |Charles Calderon, Coto, | |Lowenthal, Hall, Harkey, |
| |Fuentes, Harkey, | |Miller, Nielsen, Skinner, |
| |Nestande, Saldana | |Solorio, Torlakson, Hill |
| | | | |
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SUMMARY : Authorizes the addition of the Safely Surrendered Baby
Fund (Fund) checkoff to the personal income tax (PIT) form upon
the removal of another voluntary contribution fund (VCF) from
the form. Specifically, this bill :
1)Establishes the Fund in the State Treasury.
2)Provides that all money 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 checkoff; and,
b) To the State Department of Social Services (DSS) for
programs to increase public awareness and outreach
regarding the Safely Surrendered Baby Law, including public
service announcements in English and Spanish,
safe-surrender hotlines, a DSS Internet Website with a
comprehensive list of safe-surrender sites, education, and
training for communities and schools.
3)Provides that DSS shall not be required to spend any funds,
other than those allocated from the Fund, for Fund-related
activities.
4)Provides for the Fund provisions' automatic repeal on either
January 1 of the fifth taxable year following the taxable year
AB 1983
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the VCF first appears 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.
EXISTING LAW :
1)Allows taxpayers to designate on their PIT returns a
contribution to any of 15 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)Allows parents or other persons with lawful custody to
surrender an infant 72 hours old or younger to safe-surrender
sites without facing prosecution for child abandonment.
FISCAL EFFECT : FTB staff estimates annual revenue losses of
roughly $15,000 beginning in fiscal year 2011-12.
COMMENTS : The author states, "This bill is needed to provide an
ongoing Fund for the protection of the innocent lives of babies.
According to the State Auditor's report released in 2008, it
indicates that over 400 babies have been found to be abandoned
illegally in California. The purpose of this bill is to fund
outreach and to expand awareness on the Safely Surrendered Baby
Law."
Proponents state, "The safe-surrender program has been in
existence since 2001, with more than 300 babies being safely
surrendered during that time frame. However, publicity for the
program has been inconsistent, as a dedicated funding source for
outreach activities has never been provided. AB 1983 would
develop such a funding source, with the tax check-off sunsetting
five years after enactment. This will give lawmakers an
opportunity to review the results of the check-off and determine
whether to reauthorize it."
Committee Staff Comments: The Safely Surrendered Baby Law: In
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April of 2008, the California State Auditor issued a report on
the Safely Surrendered Baby Law. The report highlighted the
following issues:
1)Since 2006, state agencies have had virtually no legal
obligations under the safe-surrender law - DSS's only
involvement is compiling information that counties must submit
when their designated sites accept surrendered babies.
2)No state agency currently publicizes the safe-surrender law
nor has consistent funding been provided for raising the
public's awareness of the law. DSS conducted a media campaign
from October 2002 to December 2003, but has not developed any
further goals for conducting additional activities.
3)Safe-surrender sites are violating state law by disclosing
confidential information on parents who surrendered babies.
Of the 218 babies surrendered since 2001, county files
contained confidential information in 24 cases, including 16
of the 176 cases occurring after the Legislature amended the
law to protect personal identifying information.
4)Counties have incorrectly classified babies as safely
surrendered or abandoned. Children improperly classified as
safely surrendered may not be allowed access to information on
their parents even though they may have the legal right to the
information.
5)The vast majority of surrendered babies may not have access to
critical medical information later in life because
safe-surrender sites have difficulty in obtaining vital
medical history information.
Similar legislation: Last year, the author introduced AB 1049
(Torrico), which contained provisions nearly identical to this
bill. Governor Schwarzenegger vetoed the bill and provided the
following veto message: "I have reviewed the merits of this
bill. After careful and deliberative consideration, I do not
believe it is necessary to sign this bill at this time."
AB 1983
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Analysis Prepared by : M. David Ruff / REV. & TAX. / (916)
319-2098
FN: 0004068