BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2564
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2564 (Swanson)
          As Amended  April 20, 2010
          Majority vote 

           BUDGET              20-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Blumenfield, Adams,       |     |                          |
          |     |Beall,                    |     |                          |
          |     |Bill Berryhill, Brownley, |     |                          |
          |     |Buchanan, Caballero,      |     |                          |
          |     |Carter, Cook, Evans,      |     |                          |
          |     |Feuer, Fuller, Harkey,    |     |                          |
          |     |Huffman, Jeffries, Jones, |     |                          |
          |     |Nestande, Ruskin, Silva,  |     |                          |
          |     |Swanson                   |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Changes the due date of the existing report from the  
          Department of Finance regarding state tax expenditures from  
          September 15th to February 1st each year.  Specifically,  this  
          bill  : 

          1)Changes the date of the existing tax expenditure report from  
            the Department of Finance from September 15th to February 1st.

          2)Requires the report be made available to Members of the  
            Legislature upon request.

           EXISTING LAW  :

          1)Requires the Department of Finance to report to the  
            Legislature annually, no later than September 15th, on the  
            following:

             a)   A comprehensive list of tax expenditures exceeding $5  
               million in annual cost;

             b)   The statutory authority for each credit, deduction,  
               exclusion, exemption, or any other tax benefit;

             c)   A description of the legislative intent for each tax  
               expenditure, when available;








                                                                  AB 2564
                                                                  Page  2



             d)   The sunset date for each tax expenditure, if applicable;

             e)   A brief description of the beneficiaries of the tax  
               expenditure;

             f)   An estimate or range of estimates for the state and  
               local revenue loss for the current fiscal year and the two  
               subsequent fiscal years.  As relating to sales and use tax  
               expenditures, the estimate must include partial year  
               exemptions and all other tax expenditures when obtained by  
               the Board of Equalization;

             g)   Relating to personal income tax expenditures, the number  
               of taxpayers affected and returns filed for the most recent  
               tax year for which full year data is available;

             h)   Relating to corporation tax and sales tax expenditures,  
               the number of returns filed or business entities affected  
               for the most recent tax year for which full year data is  
               available;

             i)   A listing of any comparable federal tax benefits;

             j)   A description of any tax expenditure evaluation or  
               compilation of information completed by any state agency  
               since the last report made pursuant to this section; and,

             aa)  Defines "tax expenditure" as a credit, deduction,  
               exclusion, exemption, or any other tax benefit as provided  
               for by the state. 

           FISCAL EFFECT :  Minor absorbable costs to provide the report  
          upon request.

           COMMENTS  :  The report is currently required to be provided no  
          later than September 15th of each year.  Requiring the report to  
          be submitted by February 1st of each year will provide valuable  
          information during Budget discussions, allowing discussions  
          regarding tax expenditures to be spurred when the opportunity is  
          ideal for Budget adjustments.  


           Analysis Prepared by  :    Adam Dondro / BUDGET / (916) 319-2099 








                                                                  AB 2564
                                                                  Page  3




                                                                FN: 0003950