Bill Text: CA SB1152 | 2009-2010 | Regular Session | Amended
Bill Title: Income taxes: voluntary contributions: blood banks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS. Re-referred to Com. on REV. & TAX. [SB1152 Detail]
Download: California-2009-SB1152-Amended.html
BILL NUMBER: SB 1152 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Kehoe
FEBRUARY 18, 2010
An act to amend Section 17006 add and
repeal Article 17.5 (commencing with Section 18887) of Chapter 3 of
Part 10.2 of Division 2 of the Revenue and Taxation Code,
relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1152, as amended, Kehoe. Income taxes: fiduciary.
voluntary contributions: blood banks.
Existing law contains various provisions relating to the
administration of personal income taxes allowing individual taxpayers
to contribute amounts in excess of their tax liability for the
support of specified funds.
This bill would allow taxpayers to designate on their tax returns
that a specified amount in excess of their tax liability be
transferred to the California Blood Banks Designated Area Emergency
Operation Centers Fund, which would be created by this bill.
This bill would provide that all money contributed to the fund
pursuant to these provisions is subject to appropriation by the
Legislature, as specified.
This bill would provide that these voluntary contribution
provisions are repealed on January 1, 2015, or for the taxable year
beginning on or after January 1 of the calendar year in which the
Franchise Tax Board estimates, by September 1, that the contributions
made on returns filed in that calendar year will be less than a
specified minimum contribution amount, whichever occurs first.
The Personal Income Tax Law defines "fiduciary" as a guardian,
trustee, executor, administrator, receiver, conservator, or any
person, acting in any fiduciary capacity, as prescribed.
This bill would make technical, nonsubstantive changes to this
provision.
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 17.5 (commencing with Section
18887) is added to Chapter 3 of Part 10.2 of Division 2 of the
Revenue and Taxation Code , to read:
Article 17.5. California Blood Banks Designated Area Emergency
Operation Centers Fund
18887. The Legislature finds and declares that blood banks that
are designated as Area Emergency Operation Centers by the California
Emergency Management Agency are responsible for supplying blood to
over 430 hospitals statewide.
18887.1. (a) Any individual may designate on the tax return that
a contribution in excess of the tax liability, if any, be made to the
California Blood Banks Designated Area Emergency Operation Centers
Fund, which is established by Section 18887.2.
(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 initial return for that taxable year, and once
made shall be irrevocable. In the event that payment and credits
reported on the return, together with any other credits associated
with the individual's account, do not exceed the individual's
liability, the return shall be treated as though no designation has
been made.
(d) When another voluntary contribution designation is removed
from the tax return, the Franchise Tax Board shall revise the forms
of the return to include a space labeled the "California Blood Banks
Designated Area Emergency Operation Centers Fund" to allow for the
designation permitted under subdivision (a). The forms 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 provide for the operation of blood banks designated
as Area Emergency Operation Centers.
(e) It is the intent of the Legislature that the California Blood
Banks Designated Area Emergency Operation Centers Fund be placed on
the tax return as soon as space is available.
(f) 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).
18887.2. There is hereby established in the State Treasury the
California Blood Banks Designated Area Emergency Operation Centers
Fund to receive contributions made pursuant to Section 18887.1. 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 18887.1 to be transferred to the California Blood Banks
Designated Area Emergency Operation Centers Fund. The Controller
shall transfer from the Personal Income Tax Fund to the California
Blood Banks Designated Area Emergency Operation Centers Fund an
amount not in excess of the sum of the amounts designated by
individuals pursuant to Section 18887.1 for payment into that fund.
18887.3. All money transferred to the California Blood Banks
Designated Area Emergency Operation Centers Fund, upon appropriation
by the Legislature, shall be allocated as follows:
(a) To the Franchise Tax Board and the Controller only 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 the California Emergency Management Agency, for
allocation to blood banks that are designated as Area Emergency
Operation Centers.
(2) All money transferred to a blood bank pursuant to paragraph
(1) shall be used by the blood bank for its operating costs.
18887.4. (a) Unless repealed earlier pursuant to subdivision (b),
this article shall remain in effect only until January 1, 2015, and
as of that date is repealed, unless a later enacted statute, which is
enacted before January 1, 2015, deletes or extends that date.
(b) (1) By September 1 of the first calendar year that the
California Blood Banks Designated Area Emergency Operation Centers
Fund appears on the tax return, and by September 1 of each subsequent
calendar year, 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 the next calendar year.
(B) 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, "minimum contribution amount"
for a calendar year means two hundred fifty thousand dollars
($250,000) for the second calendar year that the California Blood
Banks Designated Area Emergency Operation Centers 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 Blood Banks Designated Area Emergency Operation
Centers Fund appears on the tax return, 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.
SECTION 1. Section 17006 of the Revenue and
Taxation Code is amended to read:
17006. "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any person, whether
individual or corporate, acting in a fiduciary capacity for a person,
estate or trust.
