BILL NUMBER: SB 91	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Correa and Alquist
   (Coauthors: Senators Cedillo, DeSaulnier, Maldonado, and Oropeza)
   (Coauthors: Assembly Members Duvall and Hernandez)

                        JANUARY 20, 2009

   An act to amend Section 18724 of the Revenue and Taxation Code,
relating to taxpayer contributions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 91, as introduced, Correa. Income taxes: designated
contributions: senior citizens.
   Under the Personal Income Tax Law, taxpayers are allowed, until
January 1, 2010, to contribute amounts in excess of their tax
liability for the support of the California Fund for Senior Citizens.
Existing law provides for the repeal of the contribution provisions
for these funds either on the September 1 following the calendar year
for which the Franchise Tax Board estimates that the minimum
contribution amount will be less than a prescribed amount or on
January 1, 2010, whichever occurs first.
   This bill would, under this latter limit, extend the operation of
those contribution provisions until January 1, 2015.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18724 of the Revenue and Taxation Code is
amended to read:
   18724.  (a) This article shall remain in effect only until January
1,  2010   2015  , and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1,  2010   2015  , deletes that
date.
   (b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Fund for Senior Citizens
appears on a tax return, the Franchise Tax Board shall determine
whether the amount of contributions estimated to be received during
the calendar year will equal or exceed two hundred fifty thousand
dollars ($250,000). The Franchise Tax Board shall estimate the amount
of contributions to be received by using the actual amounts received
and an estimate of the contributions that will be received by the
end of that calendar year.
   (2) The Franchise Tax Board shall provide written notification to
the California Senior Legislature of the amount determined pursuant
to paragraph (1).
   (3) If the Franchise Tax Board determines the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
   (4) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000).
   (c) Notwithstanding the repeal of this article, any contribution
amounts designated pursuant to this article prior to its repeal shall
continue to be transferred and disbursed in accordance with this
article as in effect immediately prior to that repeal.