BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1983|
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THIRD READING
Bill No: AB 1983
Author: Torrico (D), et al
Amended: 5/4/10 in Assembly
Vote: 21
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 : 71-1, 5/6/10 - See last page for vote
SUBJECT : Income tax checkoff: Safely Surrendered Baby
Fund
SOURCE : Author
DIGEST : This bill authorizes the addition of the Safely
Surrendered Baby Fund checkoff to the personal income tax
form upon the removal of another voluntary contribution
fund from the form.
ANALYSIS :
Existing law:
1. Allows taxpayers to designate on their personal income
tax (PIT) returns a contribution to any of 15 voluntary
contribution funds (VCFs).
CONTINUED
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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.
This bill:
1. Establishes the Safely Surrendered Baby Fund (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.
B. To the 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 Web site 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 the VCF first appears on the PIT return or
on January 1 of an earlier year, if FTB estimates that
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the annual contribution amount will be less than
$250,000, or an adjusted amount for subsequent years.
Background: Safely Surrendered Baby Law
Under this law, parents or other persons with lawful
custody may surrender an infant 72 hours old or younger to
safe-surrender sites without facing prosecution for child
abandonment. A recent report by the State Auditor
highlighted a number of issues related to the program,
including the lack of state involvement, and instances of
violations and misclassifications of information by local
safe-surrender sites.
Related Legislation
This bill is nearly identical to AB 1049 (Torrico), 2009-10
Session, which passed both houses of the Legislature but
was vetoed by the Governor. The veto message stated that
"after careful and deliberative consideration, I do not
believe it is necessary to sign this bill at this time."
In addition to AB 1983, the following bills have been
introduced this year:
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 1088 (Fletcher) creates a VCF designation on the
personal income tax return in order for taxpayers to
contribute to the Morale, Welfare, and Recreation Fund for
each of the veterans' homes, as provided. This bill is on
the 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
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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
FTB staff estimates annual revenue losses of roughly
$15,000 beginning in fiscal year 2011-12.
SUPPORT : (Verified 8/2/10)
American Congress of Obstetricians and Gynecologists,
District IX
California Catholic Conference
County Welfare Directors Association of California
Planned Parenthood Affiliates of California
ARGUMENTS IN SUPPORT : The author states that "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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
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Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Nava, Nestande, Nielsen, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NOES: Niello
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
Mendoza, Monning, Norby, Vacancy
DLW:mw 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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