BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2564
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2564 (Swanson)
          As Amended  June 15, 2010
          Majority vote
           
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          |ASSEMBLY:  |71-0 |(April 29,      |SENATE: |28-1 |(August 9,     |
          |           |     |2010)           |        |     |2010)          |
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          Original Committee Reference:    BUDGET  

           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.  

           The Senate amendments  delete the requirement that 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;

             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;








                                                                  AB 2564
                                                                  Page  2


             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; and,

             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.

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

           AS PASSED BY THE ASSEMBLY  , this bill was similar to the version  
          passed by the Senate except it included the requirement that the  
          report be made available to members of the Legislature upon  
          request.

           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.  The June 15 amendments simply  
          removed the provision to provide the report to individual  
          members of the Legislature.


           Analysis Prepared by  :    Mark Ibele / BUDGET / (916) 319-2099 


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