BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2630
                                                                  Page  1

          Date of Hearing:   May 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2630 (Emmerson) - As Amended:  May 18, 2010 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes, beginning in 2011, businesses with up to  
          50 employees to claim the $3,000 employer hiring credit  
          authorized last year for businesses with up to 20 employees. It  
          retains the existing $400 million cap on the total amount of  
          credits that may be awarded.  

          FISCAL EFFECT
           
          1)No impact on the $400 million cumulative amount of hiring  
            credits authorized under current law.  

           2)However, if the $400 million is not fully allocated by the end  
            of 2010-11, the bill could result in some acceleration in  
            credits taken during 2011-12, reducing revenues in that year  
            by tens of millions of dollars. The revenues losses would be  
            offset in 2012-13 and beyond.  

          COMMENTS
           
           1)Purpose  . The author contends this credit will help offset the  
            costs of doing business in this state, and help stimulate  
            hiring. 

           2)Background  . Legislation passed as part of the 2009-10 budget  
            agreement - AB 15 X3 (Krekorian), Chapter 10, Statutes of 2009  
            - implemented a small business hiring credit for taxable years  
            beginning on or after January 1, 2009.  The credit is $3,000  
            per employee for increases in the number of qualified full  
            time workers (more than 35 hours per week) employed by the  
            firm compared to the prior year. The credit is limited to  








                                                                  AB 2630
                                                                  Page  2

            taxpayers with 20 or fewer employees as of the last day of the  
            preceding taxable year, and is capped at a cumulative total of  
            $400 million for all years. The credit applies to taxpayers  
            filing under both the personal income tax and corporate tax  
            laws and is provided on a first-come-first- served basis to  
            businesses that claim the credit on their timely filed income  
            tax returns. 

           3)Fiscal Issue.  FTB reports that only about $24 million worth of  
            hiring credits had been claimed on returns processed through  
            mid-May 2010. Given that many returns are not filed until the  
            extension date in October, FTB continues to believe the full  
            $400 million in authorized credits will be exhausted before  
            the higher employee limits of this bill take effect for the  
            2011 taxable year. If that is the case, this bill will have no  
            impact since the credits will have been exhausted by the time  
            it takes effect. However, the slow pace of claims so far could  
            mean that it will take longer for the $400 million to be  
            claimed than FTB currently anticipates. If so, the bill will  
            result in more firms making claims for the 2011 tax year than  
            otherwise, thereby accelerating the revenue losses that would  
            not occur until 2012-13 and beyond into 2011-12. Thus, the  
            bill results in a trade-off. It would broaden the impact of  
            the hiring credit by making it available to larger businesses,  
            but at the expense of a potential revenue loss in 2011-12.

            
           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081