Bill Text: CA AB2017 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Personal income taxes: voluntary contributions:

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB2017 Detail]

Download: California-2009-AB2017-Amended.html

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BILL NUMBER: AB 2017	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010

INTRODUCED BY   Assembly Member Hall
   (Coauthors: Assembly Members Gilmore and Jeffries)

                        FEBRUARY 17, 2010

   An act to add and repeal Article 4.5 (commencing with Section
18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and
 Taxation Code, and to add Chapter 4 (commencing with Section
2200) to Division 2.5 of the Welfare and Institutions Code, relating
to youth.   Taxation Code, relating to taxation. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2017, as amended, Hall.  California YMCA Youth and
Government Program: personal income taxes: voluntary contribution.
  Personal income taxes: voluntary contributions:
California Youth Leadership Fund.  
   Existing law provides various services for youth in the state.
 
   This bill would, with respect to the California YMCA Youth and
Government Program which trains high school students about the
legislative process, authorize each member of the Senate and each
member of the Assembly to appoint one youth member from each member's
district to participate in the program. 
   The Personal Income Tax Law authorizes taxpayers to contribute
amounts in excess of their tax liability for the support of specified
funds.
   This bill would additionally allow individuals to designate on
their tax returns that a specified amount in excess of their tax
liability be transferred to the California  YMCA 
Youth  and Government   Leadership  Fund,
which would be created by this bill. The bill would require money in
that fund, upon appropriation by the Legislature, to be allocated to
specified nonprofit civic youth organizations as annual grants to
operate civic education and mock legislative programs, as prescribed,
and  the balance of the money  to the California YMCA Youth
and Government program,  as prescribed,  for the
purpose of funding the activities of the California YMCA Youth and
Government Model Legislature and Court Program  and to the Joint
Committee on Rules of the California Legislature, for the purposes of
funding the activities of the California Youth Legislature, as
prescribed  .
   The bill would require the Franchise Tax Board, when another
voluntary contribution designation is removed, to revise the form of
tax returns to provide for the designation created by this bill, and
would allow, upon appropriation by the Legislature, the Franchise Tax
Board, and the Controller to receive a portion of the funds
designated to cover costs incurred in collecting and administering
the funds.
   The bill would provide that these provisions would remain in
effect only until January 1 of the 5th taxable year following the
first appearance of the California  YMCA  Youth
 and Government   Leadership  Fund on the
tax return, but would further provide that if the Franchise Tax Board
determines that the amount of contributions estimated to be received
during a calendar year will not equal or exceed the minimum
contribution amount, as defined, for the calendar year, these
provisions would be repealed with respect to taxable years beginning
on or after January 1 of that calendar year. 
    This bill would become operative only if Senate Bill 516 of the
2009-10 Regular Session of the Legislature is chaptered and becomes
operative. 
   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.  Article 4.5 (commencing with Section 18736) is added to
Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation
Code, to read:

      Article 4.5.  California  YMCA  Youth 
and Government   Leadership  Fund


   18736.  (a) An individual may designate on the tax return that a
contribution in excess of the tax liability, if any, be made to the
California  YMCA  Youth  and Government
  Leadership  Fund, established by Section 18737.
   (b) The contributions shall be in full dollar amounts and may be
made individually by each signatory on a joint return.
   (c) A designation under subdivision (a) shall be made for any
taxable year on the original return for that taxable year, and once
made is irrevocable. If payments and credits reported on the return,
together with any other credits associated with the individual's
account, do not exceed the individual's tax liability, the return
shall be treated as though no designation has been made.
   (d) If an individual designates a contribution to more than one
account or fund listed on the tax return, and the amount available
for designation is insufficient to satisfy the total amount
designated, the contribution shall be allocated among the designees
on a pro rata basis.
   (e) The Franchise Tax Board shall revise the form of the return to
include a space labeled "California  YMCA  Youth
 and Government   Leadership  Fund" to
allow for the designation permitted under subdivision (a). The form
shall also include in the instructions information that the
contribution may be in the amount of one dollar ($1) or more and that
the contribution shall be used to  conduct the sessions of
the California Youth and Government Model Legislature and Court
Program operated by the YMCA, and to support its ongoing activities
on behalf of youth.   support the YMCA Youth and
Government Program, the California Youth Legislature, the African
American Youth Leadership Program, the Asian Pacific Youth Leadership
Project, and the Chicano Latino Youth Leadership Project. 
   (f) Notwithstanding any other provision, a voluntary contribution
designation for the California  YMCA  Youth 
and Government   Leadership  Fund shall not be
added on the tax return until another voluntary contribution
designation is removed.
   (g) A deduction shall be allowed under Article 6 (commencing with
Section 17201) of Chapter 3 of Part 10 for any contribution made
pursuant to subdivision (a).
   18737.  There is hereby established in the State Treasury the
California  YMCA  Youth  and Government
  Leadership  Fund to receive contributions made
pursuant to Section 18736. The Franchise Tax Board shall notify the
Controller of both the amount of money paid by taxpayers in excess of
their tax liability and the amount of refund money that taxpayers
have designated pursuant to Section 18736 to be transferred to the
California  YMCA  Youth  and Government
  Leadership  Fund. The Controller shall transfer
from the Personal Income Tax Fund to the California  YMCA
 Youth  and Government   Leadership
 Fund an amount not in excess of the sum of the amounts
designated by individuals pursuant to Section 18736 for payment into
that fund.
   18738.  All moneys transferred to the California  YMCA
 Youth  and Government   Leadership
 Fund pursuant to Section 18736, upon appropriation by the
Legislature, shall be allocated as follows:
   (a) To the Franchise Tax Board and the Controller for
reimbursement of all costs incurred by the Franchise Tax Board and
the Controller in connection with their duties under this article.
   (b)  (1)    To provide an annual
grant of  twenty   fifteen  thousand
dollars  ($20,000)   ($15,000)  to each of
the following nonprofit civic youth organizations in order to operate
civic education and mock legislative programs: 
   (A) 
    (1)  African American Youth Leadership Program. 

   (B) 
    (2)  Asian Pacific Youth Leadership Project. 
   (C) 
    (3) Chicano Latino Youth Leadership Project. 
   (2) Additional non-profit civic youth organizations may apply for
a grant of up to ten thousand dollars ($10,000) each in order to
operate civic education and mock legislative programs. 

   (A) Grants shall be administered by the California YMCA Youth and
Government Board of Directors, who shall be responsible for
developing criteria, evaluating applications and awarding grants on
an annual basis.  
   (B) Total annual grants awarded under this paragraph shall not
exceed forty thousand dollars ($40,000) per year. 
   (c) The balance to  be equally distributed between  the
California YMCA Youth and Government Program, for its ongoing
activities on behalf of youth  and to the Joint Committee on
Rules of the California Legislature to support the California Youth
Legislature, pursuant to Chapter 4 (commencing with Section 2200) of
Division 2.5 of the Welfare and Institutions Code  .
   (d) All moneys allocated pursuant to subdivision (c) of this
section may be carried over from the year in which they were
received.
   (e) The funds allocated to the California YMCA Youth and
Government Program shall be used for the purpose of funding the
activities of the California Youth and Government Model Legislature
and Court Program and shall be spent pursuant to the purview of the
YMCA Youth and Government Board of Directors in a manner consistent
with the bylaws of the organization  , except as provided in
subdivision (b)  . 
   (f) The funds allocated to the Joint Committee on Rules of the
California Legislature shall be used for the purpose of funding the
activities of the California Youth Legislature, pursuant to Chapter 4
(commencing with Section 2200) of Division 2.5 of the Welfare and
Institutions Code. 
   18739.  (a) Except as otherwise provided in subdivision (b), this
article shall remain operative only until January 1 of the fifth
taxable year following the first appearance of the California
 YMCA  Youth  and Government  
Leadership  Fund on the tax return.
   (b) (1) By September 1 of the second calendar year, and by
September 1 of each subsequent calendar year that the California
 YMCA  Youth  and Government  
Leadership  Fund 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 California YMCA Youth and
Government Program  and the Joint Committee on Rules of the
California Legislature  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 equal or exceed 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 second calendar year after the first taxable year
for which the California  YMCA  Youth  and
Government   Leadership  Fund appears on the tax
return, or the minimum contribution amount adjusted pursuant to
subdivision (c).
   (c) For each calendar year, beginning with the third calendar year
that the California  YMCA  Youth  and
Government   Leadership  Fund appears on the tax
return, the Franchise Tax Board shall adjust, on or before September
1 of that calendar year, the minimum estimated contribution amount
specified in subdivision (b) as follows:
   (1) The minimum estimated contribution amount for the calendar
year shall be an amount equal to the product of the minimum
contribution amount for the prior September 1 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.    Chapter 4 (commencing with Section
2200) is added to Division 2.5 of the Welfare and Institutions Code,
to read:
      CHAPTER 4.  CALIFORNIA YMCA YOUTH AND GOVERNMENT PROGRAM


   2200.  To be eligible to participate in the California YMCA Youth
and Government Program, youths shall be 14 to 18 years of age,
inclusive, and currently enrolled in a California high school or
participating in a nonpublic, home-based educational program or a
general equivalency degree program.
   2202.  (a) Each Member of the Senate and each Member of the
Assembly may appoint one youth member from his or her district to
participate in the California YMCA Youth and Government Model
Legislature and Court Program.
   (b) Members of the Senate and Members of the Assembly, in making
their appointments, shall take into consideration that the members of
the California YMCA Youth and Government Program represent the
racial, ethnic, socioeconomic, cultural, physical, and educational
diversity of California. Particular emphasis should be placed on
reaching out to at-risk or disadvantaged youth to serve as members of
the California YMCA Youth and Government Program, as their
participation will provide keen insight into many of the issues that
youth face in their day-to-day lives.
   (c) State funds shall not be used to support the California YMCA
Youth and Government Program, except as provided in Article 4.5
(commencing with Section 18736) of Chapter 3 of Part 10.2 of Division
2 of the Revenue and Taxation Code.
   (d) This section does not preclude the California YMCA Youth and
Government Program from entering into mutually agreed-upon
interagency agreements for any subsequent fiscal year.
   2203.  (a) The funds for the California YMCA Youth and Government
Program shall be allocated from the California YMCA Youth and
Government Fund or private funds directed to the Legislature for the
purpose of funding activities of the California YMCA Youth and
Government Program.
   (b) The California YMCA Youth and Government Program may accept
gifts and grants from any source, public or private, to help perform
its functions. 
   SEC. 2.    This act shall become operative only if
Senate Bill 516 of the 2009-10 Regular Session of the Legislature is
chaptered and becomes operative.