SECTIONS 18721-18724 - California Statutes

REVENUE AND TAXATION CODE

SECTION 18721-18724

18721. (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 Fund for Senior Citizens established by Section 18722 to
be used to conduct the sessions of the California Senior Legislature
and to support its ongoing activities on behalf of older persons.
(b) The contribution shall be in full dollar amounts and may be
made individually by each signatory on the 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 payments and credits reported on the return,
together with any other credits associated with the individual's
account do not exceed the tax liability, if any, shown thereupon, the
return shall be treated as though no designation has been made.
(d) The Franchise Tax Board shall revise the forms of the return
to include a space labeled the "California Fund for Senior Citizens"
to allow for the designation permitted under subdivision (a). The
forms shall also include in the instructions the information that the
contribution may be in the amount of one dollar ($1) or more and
that the contribution will be used to conduct the sessions of the
California Senior Legislature and to support its ongoing activities
on behalf of older persons.
(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).

18722. There is hereby established in the State Treasury the
California Fund for Senior Citizens to receive contributions made
pursuant to Section 18721.
The Franchise Tax Board shall notify the Controller of both the
amount of money paid by individuals in excess of their tax liability
and the amount of refund money which individuals have designated
pursuant to Section 18721 to be transferred to the California Seniors'
Fund. The Controller shall transfer from the Personal Income Tax
Fund to the California Fund for Senior Citizens an amount not in
excess of the sum of the amounts designated by individuals pursuant
to Section 18721 for payment into that fund.

18723. (a) All moneys transferred to the California Fund for Senior
Citizens pursuant to Section 18722, 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) The balance to the California Senior Legislature, for its
ongoing activities on behalf of older persons.
(b) All moneys allocated pursuant to paragraph (2) of subdivision
(a) may be carried over from the year in which they were received and
encumbered in any following year.
(c) The funds allocated to the California Senior Legislature for
the purpose of funding the activities of the California Senior
Legislature shall be spent pursuant to the purview of the Joint Rules
Committee of the California Senior Legislature in a manner
consistent with the bylaws of the California Senior Legislature,
established through a majority vote of the California Senior
Legislature.

18724. (a) 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 that date.
(b) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Fund for Senior Citizens
appears on a tax return, the Franchise Tax Board shall determine
whether the amount of contributions estimated to be received during
the calendar year will equal or exceed two hundred fifty thousand
dollars ($250,000). 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) The Franchise Tax Board shall provide written notification to
the California Senior Legislature of the amount determined pursuant
to paragraph (1).
(3) If the Franchise Tax Board determines 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 for taxable years beginning on or
after January 1 of that calendar year.
(4) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000).
(c) 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.