BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 803
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 803 (DeSaulnier) - As Amended:  August 7, 2012 

          Policy Committee:                              Revenue and 
          Taxation     Vote:                            7-0
                        Education                             7-2

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill establishes the California Youth Leadership Project 
          (Project) under the State Department of Education (CDE) to 
          promote youth civic engagement by awarding scholarships to youth 
          between 14 and 18 years of age.  Specifically, this bill: 

          1)Creates a Project Committee of no more than six individuals to 
            oversee the California Youth Leadership Project.  The Project 
            Committee shall be chaired by the Superintendent of Public 
            Instruction (SPI) and direct the SPI to appoint four members, 
            as specified.

          2)Directs the Project to allocate scholarship award funds to 
            organizations that submit applications on behalf of youth who 
            are selected to receive scholarship awards under this bill. 
            Requires the Project to develop a formal grant process that 
            includes application forms, deadlines, and audit procedures, 
            subject to the specified requirements.

          3)Authorizes the addition of the California Youth Leadership 
            Fund (Fund) check-off to the personal income tax (PIT) form 
            upon the removal of another voluntary contribution fund (VCF) 
            from the form.   

          4)Provides that all money transferred to the Project, upon 
            appropriation by the Legislature, shall be used for the 
            following purposes:

             a)   To the Franchise Tax Board (FTB), the State Controller, 
               and CDE for reimbursement of all costs incurred in 








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               administering the check-off.

             b)   To CDE to provide for the California Youth Leadership 
               Project.

          5)Provides for the automatic repeal of the check-off on January 
            1 of the fifth taxable year following the fund's first 
            appearance on the PIT return or on an earlier date if the 
            check-off fails to meet a minimum contribution amount 
            initially set at $250,000 and adjusted for inflation annually 
            thereafter. 
           
          FISCAL EFFECT  

          1)Based on past tax check-offs, annual revenues are expected to 
            be in the $300,000-$800,000 range, although some check-offs 
            have received less revenues.

          2)FTB estimates this bill will cost the state about $20,000 per 
            year in lost revenues as taxpayers deduct these charitable 
            donations.  This estimate assumes the check-off is added in 
            the 2012-13 fiscal year, donations meet the average amount for 
            the other tax check-offs and taxpayers deduct these charitable 
            donations at the historical rate.  Revenue losses would be 
            similar in subsequent years.

          3)The Department of Education estimates that it will cost 
            approximately $100,000 to administer the program established 
            by this bill.  The costs for FTB and the State Controller are 
            minor and absorbable.

           COMMENTS  

           1)Purpose.  The author states this bill establishes the 
            California Youth Leadership Project to support and promote 
            youth civic engagement by awarding scholarships to youth.  The 
            author argues the scholarships will support opportunities 
            through which disconnected and disadvantaged youth can discuss 
            and develop their legislative priorities and advocate 
            throughout the legislative session for the passage of key 
            policy changes to improve the quality of life for California's 
            youth.  According to the author SB 803 emphasizes reaching out 
            to at-risk or disadvantaged youth, as their participation will 
            provide keen insight into many of the issues that youth face 
            in their day-to-day lives.








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           2)Support.   This bill is supported by at least two organizations 
            and by the Superintendent, who notes the Project will be a 
            guiding framework to improve coordination and effectiveness of 
            youth programs, and will include youth in the policy and 
            decision making process.  Nationally, youth commissions are 
            being developed and implemented in at least 20 states.
                
            3)Voluntary Contribution Funds.   California taxpayers can make 
            voluntary contributions to any of 15 funds listed on the state 
            PIT return.  The contributions are in addition to tax 
            liabilities so they do not directly reduce the amount of state 
            taxes in that tax year.  As charitable contributions, the 
            taxpayer may deduct the amount of the check-off on the 
            subsequent year's income tax return, reducing state tax 
            collections.  These voluntary contributions support various 
            purposes, including cancer research, endangered species 
            preservation and emergency food assistance.  Contributions 
            have historically ranged from $300,000 to $800,000 per year.  
            Except for the California Seniors Special Fund, all have 
            sunset dates, and most must meet a minimum annual contribution 
            to remain on the return.
                
            4)Competing legislation.  AB 233 (Hall), pending in Senate 
            Governance and Finance Committee,  establishes the California 
            YMCA Youth and Government Fund on the PIT form and allocates 
            funds to CDE for distribution to the California YMCA Youth and 
            Government Board of Directors and, if the donations exceed 
            $300,000, other specified youth organizations.

            AB 233 is similar to AB 2017 (Hall, 2010), both support the 
            ongoing activities of the California YMCA Youth and Government 
            Program.  The sponsors of this bill, the California State 
            Alliance of YMCAs, opposed a competing bill, SB 516 
            (DeSaulnier, 2010), which would have established a California 
            Youth Legislature, funded by a new VCF, to examine and discuss 
            issues affecting California's youth and advise the Legislature 
            and Governor on specific matters.  The authors reached a 
            compromise, where SB 516 was amended to delete the separate 
            check-off and AB 2017 was amended to divide moneys evenly 
            between the YMCA program and the California Youth Legislature. 
             Both bills then passed the Legislature, and were vetoed by 
            Governor Schwarzenegger, who argued against statutory creation 
            of new organizations.
                








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            5)Related legislation  .  SB 1571 (DeSaulnier) authorizes the 
            addition of the School Supplies for Homeless Children Fund 
            check-off to the personal income tax (PIT) form upon the 
            removal of another voluntary contribution fund (VCF) from the 
            form.
                
            6)Previous legislation  .  The following bills PIT check-offs were 
            introduced and enacted in 2011.

             a)   AB 564 (Smyth), Chapter 549, Statutes of 2011, 
               reauthorized the addition of the Municipal Shelter 
               Spay-Neuter Fund check-off to the PIT return upon the 
               removal of another VCF from the form.  

             b)   AB 764 (Swanson), Chapter 465, Statutes of 2011, 
               authorized the addition of the Child Victims of Human 
               Trafficking Fund check-off to the PIT return upon the 
               removal of another VCF from the form.  

             c)   AB 971 (Monning), Chapter 209, Statutes of 2011, 
               reauthorized the addition of the California Sea Otter Fund 
               check-off to the PIT form beginning with the 2011 return.

             d)   SB 164 (Simitian), Chapter 699, Statutes of 2011, 
               extended, from January 1, 2013, to January 1, 2018, the 
               sunset date for two VCFs currently on the PIT return the 
               State Children's Trust Fund and the Rare and Endangered 
               Species Preservation Program.

             e)   SB 583 (Vargas), Chapter 711, Statutes of 2011, 
               reauthorized the addition of the ALS/Lou Gehrig's Disease 
               Research Fund check-off to the PIT return upon the removal 
               of another VCF from the form.  
                


           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081