Bill Text: CA SB164 | 2011-2012 | Regular Session | Chaptered
Bill Title: Personal income tax: voluntary contributions: State
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-09 - Chaptered by Secretary of State. Chapter 699, Statutes of 2011. [SB164 Detail]
Download: California-2011-SB164-Chaptered.html
BILL NUMBER: SB 164 CHAPTERED
BILL TEXT
CHAPTER 699
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE JUNE 1, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
INTRODUCED BY Senator Simitian
FEBRUARY 2, 2011
An act to amend and repeal Sections 18716 and 18744 of the Revenue
and Taxation Code, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
SB 164, Simitian. Personal income tax: voluntary contributions:
State Children's Trust Fund: Rare and Endangered Species Preservation
Program: extension.
The Personal Income Tax Law authorizes individual taxpayers to
contribute amounts in excess of their tax liability for the support
of specified funds or accounts, including, among others, the State
Children's Trust Fund for the Prevention of Child Abuse and the Rare
and Endangered Species Preservation Program. That law repeals these
provisions on January 1, 2013, or earlier if specified minimum
contributions are not received.
This bill would change the January 1, 2013, repeal dates to
January 1, 2018.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18716 of the Revenue and Taxation Code is
amended to read:
18716. (a) This article shall remain in effect only until January
1, 2018, and as of that date is repealed.
(b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the State Children's Trust Fund for the
Prevention of Child Abuse appears on a tax return, the Franchise Tax
Board shall do all of the following:
(A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
(B) Provide written notification to the State Department of Social
Services of the amount determined in subparagraph (A).
(C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). 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) If the Franchise Tax Board determines that 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.
(3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2002 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with calendar year 2003, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
(d) 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.
SEC. 2. Section 18744 of the Revenue and Taxation Code is amended
to read:
18744. (a) This article shall remain in effect only until January
1, 2018, and as of that date is repealed.
(b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the Rare and Endangered Species
Preservation Program appears on a tax return, the Franchise Tax Board
shall do all of the following:
(A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
(B) Provide written notification to the Department of Fish and
Game of the amount determined in subparagraph (A).
(C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). 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) If the Franchise Tax Board determines that 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.
(3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2002 calendar year or the minimum contribution
amount adjusted pursuant to subdivision (c).
(c) For each calendar year, beginning with calendar year 2003, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the minimum contribution amount specified in
subdivision (b) as follows:
(1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
(2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
(d) 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.
