BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2017
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          Date of Hearing:  April 19, 2010

                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
                            Anthony J. Portantino, Chair

                  AB 2017 (Hall) - As Introduced:  February 17, 2010

          Majority vote.  Fiscal committee.

           SUBJECT  :  California YMCA Youth and Government Program

           SUMMARY  :  Authorizes the addition of the California YMCA Youth  
          and Government 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 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 checkoff; and,

             b)   To the California YMCA Youth and Government Program  
               (Program) for its ongoing activities on behalf of youth.   
               Specifically, the moneys shall be used to fund the  
               California Youth and Government Model Legislature and Court  
               Program and shall be spent under the purview of the YMCA  
               Youth and Government board members in a manner consistent  
               with the organization's bylaws.  

          3)Provides for the Fund provisions' automatic repeal on either  
            January 1 of the fifth taxable year following the Fund's first  
            appearance 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.  

          4)Contains the following legislative findings and declarations:

             a)   California's youth would greatly benefit by learning how  
               the California legislative and judicial processes work;








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             b)   All young people need five key developmental resources  
               to become productive citizens: caring adults, safe places,  
               a healthy start, an effective education, and opportunities  
               to help others.  Moreover, young people who receive more of  
               these developmental resources fare better than young people  
               who receive fewer;

             c)   The Legislature is alarmed that hundreds of thousands of  
               California youth are among the two-thirds of America's  
               children and youth recently identified by the America's  
               Promise Alliance as not receiving sufficient developmental  
               resources to safely put them on a path to adulthood.  The  
               Legislature is also concerned that the high school  
               completion rate is less than 60% for low-income students  
               and students of color in California, that gang and youth  
               violence continue to be a concern, and that after years of  
               declining numbers, teen pregnancy rates are also on the  
               rise;

             d)   The Legislature is encouraged by research indicating  
               that providing more of the five developmental resources for  
               more young people can help prevent many of these problems,  
               and that millions of dollars in later prison, health, and  
               welfare costs can be avoided by providing more  
               developmental resources for more young people now;

             e)   The Legislature agrees with the America's Promise  
               Alliance's call for greater collaboration and integration  
               in working to turn failure into action and improve the  
               lives of young people at risk and with the actions of the  
               more than 20 states that have committed their state  
               resources for the creation of statewide entities charged  
               with improving the developmental well-being of their  
               children and youth;  

             f)   The Program operated by the YMCA has been successfully  
               providing training and education on the legislative and  
               judicial process for over 60 years; and,  

             g)   The Program annually trains over 2,000 high school  
               students in their model legislature, which is composed of  
               two houses, the youth senate, and the youth assembly, as  
               well as youth constitutional officers, a press corps,  
               lobbyists, and court representatives. 








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          5)Provides that, to be eligible to participate in the Program,  
            youths must be 14 to 18 years of age and currently enrolled in  
            a California high school or participating in a nonpublic,  
            home-based educational program or a general equivalency degree  
            program. 

          6)Provides that each member of the Legislature may appoint one  
            youth member from his/her district to participate in the  
            Program.  In making their appointments, legislators shall take  
            into consideration that the members of the Program represent  
            the racial, ethnic, socioeconomic, cultural, physical, and  
            educational diversity of California.  Particular emphasis  
            should be placed on reaching out to at-risk or disadvantaged  
            youth to serve as members of the Program, as their  
            participation will provide insight into many of the issues  
            that youth face in their day-to-day lives. 

          7)Provides that state funds, beyond those allocated from the  
            Fund, shall not be used to support the Program.

          8)Provides that this bill does not preclude the Program from  
            entering into mutually agreed-upon interagency agreements for  
            any subsequent fiscal year (FY).  

          9)Provides that the moneys for the Program shall be allocated  
            from the Fund or private funds directed to the Legislature for  
            the purpose of funding activities of the Program.

          10)Provides that the Program may accept gifts and grants from  
            any source, public or private, to help perform its functions.   


           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 for 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.   








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           FISCAL EFFECT  :  FTB staff estimates annual revenue losses of  
          roughly $15,000 beginning in FY 2011-12.   

           COMMENTS  :

          1)The author has provided the following statement in support of  
            this bill:

               The [Program] is a statewide youth educational program  
               involving more than 2200 high school students in a  
               six-month "hands on" civic experience.  Since its inception  
               62 years ago, the [Program] has successfully used a variety  
               of activities to build, encourage, and strengthen those  
               life assets and character traits that will help high school  
               youth become involved, responsible and respected citizens.

               The [Program] teaches the values of democracy by creating  
               citizen leaders from a diverse cross-section of the State's  
               high school population and provides them with the  
               opportunity to experience state government first hand.  The  
               [Program] helps youth learn how to solve community problems  
               through the democratic process and develops within the  
               youth an attitude of self-help and self-confidence for  
               their personal futures.  

               As part of the [Program], regional student delegations  
               discuss public policy issues facing the state as well as  
               ways to implement their solutions through the legislative  
               and judicial processes.  Teen delegates draft legislation,  
               prepare issue briefs, select governmental positions to  
               role-play, attend statewide training and election  
               conferences and run for various offices and leadership  
               positions.  The [Program] concludes with a five day Model  
               Legislature and Court each February at the State Capitol. 

               Unfortunately, in recent years, costs to operate the  
               [Program] and participant demand for financial assistance  
               have greatly increased while donations to this important  
               program have declined.  

               AB 2017 would allow state taxpayers to voluntarily  
               contribute to the [Program] through a tax check-off  
               donation on their state tax return.  









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               Consistent with current efforts to support the California  
               Senior Legislature, this measure will allow California  
               taxpayers to empower young people through a proven and  
               successful program that motivates and inspires youth to  
               become active citizens in our state. 

          2)Proponents of this bill state, "The [Program] has been serving  
            youth for over 60 years and trains over 2,000 high school  
            students each year to learn about the legislative and judicial  
            systems and how to impact the development and adoption of  
            public policy."  Proponents also state, "AB 2017 would allow  
            the [Program] to provide scholarships to students who do not  
            have the financial resources to attend this model program."  

          3)Opponents state, "This bill is similar to another bill, Senate  
            Bill 516 (DeSaulnier) that passed [the Assembly Human Services  
            Committee] last year.  Although there are similarities between  
            these two measures, we feel that the outcome and goals of the  
            bills are strikingly different, which is why we must oppose  
            this measure."  

          4)Committee Staff Comments

              a)   The California Senior Legislature  :  This bill is roughly  
               modeled after the successful California Senior Legislature,  
               which is supported by the California Fund for Senior  
               Citizens checkoff on the PIT return.  The California Senior  
               Legislature notes that, since 1981, it has labored to  
               identify, develop, and support legislative proposals that  
               protect and enhance the quality of life of California's  
               seniors.     
              
              b)   The Source of Contention  :  This bill is also similar to  
               SB 516 (DeSaulnier), of the 2009 Legislative Session, which  
               is supported by numerous organizations including the  
               California Coalition for Youth (CCY).  SB 516 establishes a  
               California Youth Legislature funded by a new VCF.    
               Specifically, SB 516 requires the California Youth  
               Legislature to examine and discuss issues affecting  
               California's youth and formally advise the Legislature and  
               the Governor on specific policy matters.  

               The California State Alliance of YMCAs (YMCA) opposes SB  
               516, arguing that the California Youth Legislature is  
               duplicative of the long standing Program it oversees.  As  








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               such, YMCA recommends amending SB 516 to support its  
               existing Program.  CCY, in turn, proposes a compromise  
               whereby the administration of the California Youth  
               Legislature would be determined in a "request for proposal"  
               process, open to competition.  Apparently, YMCA finds this  
               compromise unacceptable.  The author pulled the bill before  
               it could be heard in this Committee last year and it is  
               currently pending in this Committee.  

              c)   Unclear Language  :  This bill provides that the Program  
               shall not be precluded from entering into mutually  
               agreed-upon interagency agreements for any subsequent  
               fiscal year.  Committee staff is unclear on the purpose of  
               this language.   

             d)   Related Measure  :  AB 1983 (Torrico), of the current  
               Legislative Session, would establish a new VCF to promote  
               outreach for the state's Safely Surrendered Baby Law.  AB  
               1983 is scheduled to be heard in this Committee along with  
               this bill.  
              
             e)   Potential Conflict :  AB 2459 (Caballero), of the current  
               Legislative Session, seeks to add several of the same code  
               sections to the Welfare and Institutions Code.  Should both  
               bills continue to progress through the Legislature,  
               amendments may be useful to avoid confusion.  AB 2459 is  
               pending in the Assembly Appropriations Committee.   

             f)   Double-referral  :  This bill was double referred with the  
               Assembly Committee on Human Services, and passed out of  
               that Committee on March 23, 2010, by a vote of 4 to 0.  For  
               additional discussion of this bill, please refer to that  
               committee's analysis.  

              g)   Technical Amendments  :

               i)     On page 4, line 10, insert, "Except as otherwise  
                 provided in subdivision (b)," before "this article"; 

               ii)    On page 4, line 12, replace "Program" with "Fund"; 

               iii)   On page 7, line 12, replace "to" with "into"; and, 

               iv)    On page 7, line 17, insert "of the Revenue and  
                 Taxation Code" after "Division 2".  








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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Collaboration for Youth
          California State Alliance of YMCAs

           Opposition 
           
          California Coalition for Youth
           
          Analysis Prepared by  :  M. David Ruff / REV. & TAX. / (916)  
          319-2098