Article 5.6. California Sea Otter Fund of California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 3. >> Article 5.6.
(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 Sea Otter Fund, established by Section 18754.1. That
designation is to be used as a voluntary checkoff 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 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 taxpayer's account, do not exceed
the taxpayer's liability, the return shall be treated as though no
designation has been made. If no designee is specified, the
contribution shall be transferred to the General Fund, after
reimbursement of the direct actual costs of the Franchise Tax Board
for the collection and administration of funds under this article.
(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) Except as provided by Section 18754.3, for the 2011 taxable
year, the Franchise Tax Board shall revise the form of the tax return
to include a space labeled the "California Sea Otter Fund" to allow
for the designation provided. The form shall include in the
instruction information that the contribution may be in the amount of
one dollar ($1) or more and that the contribution shall be used to
support increased investigation, prevention, and enforcement actions
to decrease sea otter mortality, and to provide for research and
programs related to sea otters.
(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).
There is in the State Treasury the California Sea Otter
Fund to receive contributions made pursuant to Section 18754. 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 18754 to be transferred to the California Sea Otter Fund. The
Controller shall transfer from the Personal Income Tax Fund to the
California Sea Otter Fund an amount not in excess of the sum of the
amounts designated by individuals pursuant to Section 18754 for
payment into that fund.
(a) All money transferred to the California Sea Otter
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) Fifty percent of the revenues remaining after allocation
pursuant to paragraph (1), to the Department of Fish and Wildlife for
the purposes of establishing a sea otter fund to be used for sea
otter conservation, including, but not limited to, for increased
investigation, prevention, and enforcement actions related to sea
otter mortality, and for public outreach activities that encourage
taxpayers to make contributions by voluntary checkoff on a tax return
to the California Sea Otter Fund.
(3) Fifty percent of the revenues remaining after allocation
pursuant to paragraph (1), to the State Coastal Conservancy for
competitive grants and contracts to public agencies and nonprofit
organizations for research, science, protection, projects, or
programs related to the Federal Sea Otter Recovery Plan or improving
the nearshore ocean ecosystem, including, but not limited to, program
activities to reduce sea otter mortality, and for public outreach
activities that encourage taxpayers to make contributions by
voluntary checkoff on a tax return to the California Sea Otter Fund.
The projects or programs may also address pathogens and water and
wastewater treatment technologies.
(b) The State Coastal Conservancy shall solicit available federal,
private, matching, and other dollars to maximize or leverage funds
appropriated pursuant to paragraph (3) of subdivision (a) to provide
the greatest benefit for sea otters.
(c) The State Coastal Conservancy may enter into interagency
agreements with public agencies for purposes of paragraph (3) of
subdivision (a).
(a) This article shall remain in effect only until January
1, 2021, and as of that date, is repealed.
(b) (1) By September 1 of each calendar year that the California
Sea Otter Fund appears on a tax return, the Franchise Tax Board shall
do both 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) 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 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, "minimum contribution amount"
for a calendar year means two hundred and sixty thousand eight
hundred ninety dollars ($260,890) for the 2011 calendar year, or the
minimum contribution amount adjusted pursuant to subdivision (c).
(c) For each calendar year after 2011 that the California Sea
Otter 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.