Bill Text: CA SB1416 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Voluntary contribution: Revive the Salton Sea Fund.

Spectrum:

Status: (Passed) 2016-08-26 - Chaptered by Secretary of State. Chapter 219, Statutes of 2016. [SB1416 Detail]

Download: California-2015-SB1416-Amended.html

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BILL NUMBER: SB 1416	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Stone

                        FEBRUARY 19, 2016

   An act  to add Article 4 (commencing with Section 18735) to
Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation
Code,   relating to the Salton Sea.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1416, as amended, Stone.  Salton Sea restoration.
  Personal income taxes: voluntary contribution: the
Salton Sea.  
   Existing law allows an individual taxpayer to contribute amounts
in excess of his or her personal income tax liability for the support
of specified funds.  
   This bill would allow an individual to designate on his or her tax
return that a specified amount in excess of his or her tax liability
be transferred to the Revive the Salton Sea Fund, which would be
created by this bill. The bill would require the Franchise Tax Board
to revise the tax return form to include a space for the designation
of contributions to the fund and to include specified information,
including the purposes for which the contribution would be used.
 
   This bill would require money contributed to the fund, upon
appropriation by the Legislature, to be allocated to the Franchise
Tax Board and the Controller for reimbursement of costs, as provided,
and to the nonprofit corporation Revive the Salon Sea to fund or
supplement funding of the state, county, and local agencies and
projects identified as necessary for the restoration and maintenance
of the Salton Sea and to develop a mechanism to provide ongoing
public awareness, as specified.  
   The Salton Sea Restoration Act requires the Secretary of the
Natural Resources Agency, in consultation and coordination with the
Salton Sea Authority, to lead Salton Sea restoration efforts. The act
authorizes the authority to lead a feasibility study, in
coordination and under contract with the secretary, as prescribed.
The act requires the secretary to seek input from the authority with
regard to specified components of restoration of the Salton Sea.
 
   This bill would state the intent of the Legislature to enact
legislation to clean up the Salton Sea. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Article 4 (commencing with Section
18735) is added to Chapter 3 of Part 10.2 of Division 2 of the 
 Revenue and Taxation Code   , to read:  

      Article 4.  Revive the Salton Sea Fund


   18735.  (a) An individual may designate on the tax return that a
contribution in excess of the tax liability, if any, be made to the
Revive the Salton Sea Fund established by Section 18736. That
designation shall be used as a voluntary contribution on the tax
return.
   (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 a
taxable year on the original return for that taxable year and once
made shall be 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) The Franchise Tax Board shall revise the form of the return to
include a space labeled "Revive the Salton Sea 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 fund all of the following:
   (1) Programs to create statewide public awareness and grassroots
support for the restoration of the Salton Sea.
   (2) Programs to engage the public through promotion and education
about the Salton Sea.
   (3) Current and future projects identified as necessary for
restoration and maintenance of the Salton Sea, including projects
identified by the Salton Sea Authority.
   (e) 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).
   18736.  There is hereby established in the State Treasury the
Revive the Salton Sea Fund to receive contributions made pursuant to
Section 18735. 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 18735 to be transferred to the Revive
the Salton Sea Fund. The Controller shall transfer from the Personal
Income Tax Fund to the Revive the Salton Sea Fund an amount not in
excess of the sum of the amounts designated by individuals pursuant
to Section 18735 for payment into that fund.
   18737.  (a) All money transferred to the Revive the Salton Sea
Fund, upon appropriation by the Legislature, shall be allocated as
follows:
   (1) 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.
   (2) (A) The remaining moneys shall be distributed to Revive the
Salton Sea, a California corporation that is duly incorporated in the
state, in active status, as described on the business search page of
the Secretary of State's Internet Web site, and is exempt from
federal income taxation as an organization described in Section 501
(c)(3) of the Internal Revenue Code, to be used to fund or supplement
funding of state, county, and local agencies and projects identified
as necessary for the restoration and maintenance of the Salton Sea,
including projects identified by the Salton Sea Authority.
   (B) Up to 5 percent of the funds allocated to the Revive the
Salton Sea Fund shall be used for the development of a mechanism to
provide ongoing public awareness through activities that will promote
the charitable tax deduction for the fund and seek continued
contributions. These activities may include convening a philanthropic
roundtable, developing literature for use by city, county, or local
agencies and programs, and whatever other activities are deemed
necessary and appropriate to promote the fund.
   (b) No money in the Revive the Salton Sea Fund shall be used to
supplant state General Fund money for any purpose.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to clean up the Salton Sea.