BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           2666 (Skinner)
          
          Hearing Date:  08/02/2010           Amended: 06/30/2010
          Consultant: Mark McKenzie       Policy Vote: Rev&Tax 3-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:   AB 2666 would require the Franchise Tax Board  
          (FTB) to compile information on tax expenditures claimed under  
          the Corporations Tax Law by publicly traded companies, and  
          annually submit the information to the State Chief Information  
          Officer (CIO) beginning on March 30, 2012 for publication on the  
          Reporting Transparency in Government website in a searchable  
          database.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12      2012-13     Fund
           Compile/report tax information                $111       
          $46General

          Develop/maintain database                     $70        
          $15Special*
          ____________
          * Technology Services Revolving Fund.  Database costs likely  
          provided by reimbursements from FTB deposited into the Revolving  
          Fund from the General Fund.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Existing state and federal laws provide various tax credits and  
          other tax benefits designed to provide relief for taxpayers who  
          incur certain expenses, such as those related to child adoption,  
          or to influence behavior, including business practices and  
          decisions by providing benefits such as research credits or  
          economic development area hiring credits.  These benefits  
          generally are designed to provide incentives for taxpayers to  
          perform various actions or activities that they may not  
          otherwise undertake.  Existing law requires the Department of  
          Finance to annually report to the Legislature on tax  










          expenditures exceeding $5 million.  Taxpayer information and  
          records are generally confidential, but AB 1418 (Horton),  
          Chapter 716 of 2006, requires FTB to annually publish a list of  
          the top 250 tax delinquencies over $100,000.

          AB 2666 would require FTB to compile information on any tax  
          expenditure authorized under the Corporation Tax Law that is  
          claimed and reported by a publicly traded corporation on annual  
          returns filed for taxable years after January 1, 2010.  FTB  
          would submit this information to the CIO on March 12, 2012 and  
          annually thereafter for publication on the Reporting  
          Transparency in Government website.  The bill would require the  
          CIO to develop a database on the website that is searchable by  
          company name and the amount of corporate tax expenditures  
          claimed.

          FTB indicates costs to develop, program, and test system changes  
          required to segregate and compile information on tax  
          expenditures claimed by publicly traded corporations would be  
          approximately $111,000.  Ongoing annual costs to maintain the  
          system, and report information to the CIO would be $46,000.  
          Page 2
          AB 2666 (Skinner)

          The Office of the Chief Information Officer (CIO) launched the  
          state Reporting Transparency in Government website in April of  
          2009 pursuant to an executive order issued by Governor  
          Schwarzenegger as an effort to provide more transparency and  
          accountability to state government.  The website includes  
          information on state contracts, audit reports, statements of  
          economic interest filed by government officials, and government  
          travel expense claims.  AB 2666 would impose one-time costs on  
          the CIO to develop a searchable database from information  
          provided by FTB and create a "tax expenditure" tab on the  
          website are estimated at approximately $70,000.  Ongoing  
          database management and storage costs would be about $15,000  
          annually.  The CIO generally provides information technology  
          services to other state entities on a reimbursement basis.   
          While CIO costs related to this bill would technically come from  
          the Technology Services Revolving Fund, it is likely that these  
          costs would ultimately be funded by the General Fund through a  
          reimbursement from FTB.  Alternatively, the CIO costs could be  
          paid through the Office's state operations budget, which is  
          funded through an annual General Fund appropriation.

          Staff notes that SBx6 19 (Florez), which is also scheduled for  










          hearing in this Committee, would require FTB to compile  
          specified corporate tax expenditure information from the returns  
          of publicly traded corporations and would require the  
          information to be included on the state Reporting Transparency  
          in Government website in a searchable database.  SBx6 19  
          requires compilation of information on taxpayers claiming  
          credits of $20,000 or more, and requires more specific  
          information to be reported and included in the database.