BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2427
                                                                  Page  1

          Date of Hearing:   May 21, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

              AB 2427 (Jones-Sawyer) - As Introduced:  February 21, 2014

          Policy Committee:                              Revenue &  
          Taxation     Vote:                            7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill allows qualified teachers to claim a personal income  
          tax credit, not to exceed $250, for instructional materials and  
          classroom supplies beginning on or after January 1, 2014 and  
          before January 1, 2019.  Specifically, this bill

          1)Defines a "qualified teacher" as a teacher that meets the  
            following requirements, among others:

             a)   The teacher worked at least 900 hours in the school year  
               in a school, offering instruction in grades K-12, in  
               California at a public, charter, or private school that has  
               a current private school affidavit on file with the State  
               Department of Education in a school year.

             b)   The teacher is not employed as a tutor, teaching  
               assistant, instructional aide, student teacher, day care  
               provider, vocational instructor, or in a similar position.

          2)Defines "instructional materials and classroom supplies" as  
            books, supplies, computer equipment, including related  
            software and services and other equipment, and supplementary  
            materials used in the classroom, including supplies for  
            courses in health and physical education, the amount paid or  
            incurred for which is otherwise deductible under Internal  
            Revenue Code Section 162 and not reimbursed.

          3)Provides that the credit is only allowed for qualified  
            teachers based on the years of employment as a qualified  
            teacher as follows:









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             a)   For taxable years beginning on or after January 1, 2014  
               and before January 1, 2015, no more than one year of  
               employment as a qualified teacher.

             b)   For taxable years beginning on or after January 1, 2015  
               and before January 1, 2016, no more than two consecutive  
               years of employment as a qualified teacher.

             c)   For taxable years beginning on or after January 1, 2016  
               and before January 1, 2019, no more than three consecutive  
               years of employment as a qualified teacher.

          4)Allows a taxpayer to carry forward any unused tax credit for  
            up to five years to offset future tax liability.


           FISCAL EFFECT  

          1)Potentially significant GF costs to Franchise Tax Board (FTB)  
            to administer the changes to forms and systems.

          2)Estimated GF revenue decreases of $2.5 million, $4.9 million,  
            and $7.1 million in FY 2014-15, FY 2015-16, and FY 2016-17,  
            respectively.

           COMMENTS  

          1) Purpose.   According to the author, this bill adds a state  
            credit to an existing federal deduction to further support new  
            teachers as they begin their careers.  AB 2427 enables new  
            teachers, in their first three years of service, to claim  
            individual tax credits of up to $250 for expenses relating to  
            instructional materials and classroom supplies.  The author  
            contends such expenses are a particular hardship for new  
            teachers who earn lower salaries and are often still repaying  
            college loans.  New educators are also often teaching in  
            California's most challenging districts and schools.

          2)  Tax Incentive vs Investment in Education.   Opponents,  
            including the California Teachers Association (CTA), argue  
            K-12 education has endured budget cuts of $20 billion over the  
            last few years, and that additional revenues should be spent  
            on restoring those budgets instead of being used for tax  
            incentives.  CTA asserts schools should be adequately funded  
            so that teachers do not have to spend personal income to  








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            purchase classroom materials.  While this tax credit would be  
            used for activities benefitting California's public schools,  
            the effect would be diminished by reducing Proposition 98  
            funding.  The Committee may wish to consider whether increased  
            school funding would be a more efficient approach to achieving  
            these goals.

          3)  Implementation Considerations.   It is currently unclear how  
            the FTB would verify whether a teacher meets the eligibility  
            requirements specified in this bill.  As such, the FTB has  
            suggested potential amendments requiring the appropriate local  
            agency to certify teacher eligibility.  Teachers could retain  
            those certifications and, upon request, provide them to the  
            FTB for verification.  Such a requirement would ease the FTB's  
            administration of this credit and reduce administrative costs.  
             However, requiring local agencies to verify eligibility and  
            produce certifications would likely add state mandated local  
            costs, especially in light of the relatively modest per  
            teacher credit involved.


           Analysis Prepared by  :    Joel Tashjian / APPR. / (916) 319-2081