Bill Text: CA SB116 | 2013-2014 | 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: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 222, Statutes of 2013. [SB116 Detail]

Download: California-2013-SB116-Amended.html

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BILL NUMBER: SB 116	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 12, 2013
	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Liu

                        JANUARY 16, 2013

   An act to  repeal   amend  Section 18855
of the Revenue and Taxation Code, relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 116, as amended, Liu. Personal income taxes: contributions:
Emergency Food Assistance Program.
   The Personal Income Tax Law allows taxpayers, until January 1,
2014, to designate on their tax returns that a specified amount in
excess of their tax liability be contributed to the Emergency Food
Assistance Program, unless earlier repealed for failure to meet
annual minimum contribution amounts.
   This bill would  remove minimum contribution requirements
and  extend the operation of these provisions 
indefinitely.   until January 1, 2019. 
   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.    Section 18855 of the   Revenue
and Taxation Code   is amended to read: 
   18855.  (a)  This   Except as otherwise
provided in subdivision (b), this  article shall remain in
effect only until January 1,  2014,   2019,
 and as of  that date   December 1 of that
year  is repealed, unless a later enacted statute, that is
enacted before January 1,  2014,   2019, 
deletes or extends that date.
   (b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the Emergency Food for Families 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 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   shall be
inoperative  with respect to taxable years beginning on or after
January 1 of that calendar year  , and shall be repealed on
December 1 of that 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 1999 calendar year or the minimum contribution
amount  as  adjusted pursuant to subdivision (c).
   (c) For each calendar year, beginning with calendar year 2000, the
Franchise Tax Board shall adjust, on or before September 1 of that
calendar year, the  estimated  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 18855 of the Revenue and
Taxation Code is repealed.