2005 California Revenue and Taxation Code Sections 18701-18704 Article 1. National World War II Veterans Memorial Funding

18701.  (a) Any individual may designate on the tax return that a
contribution in excess of tax liability, if any, be made to the
National World War II Veterans Memorial Trust Fund, established
pursuant to Section 1350 of the Military and Veterans Code.
   (b) A contribution shall be in a full dollar amount and may be
made individually by each signatory on a joint return.
   (c) A designation made 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 taxpayer's account do not exceed the tax liability, if any,
shown thereupon, the return shall be treated as though no designation
had been made.  In the event that no designee is specified, the
contribution shall, after reimbursement of the direct actual costs of
the Franchise Tax Board for the collection and administration of
funds under the article, be transferred to the General Fund.
   (d) If an individual designates a contribution to more than one
account, and the amount available is insufficient to satisfy the
total amount designated, the contribution shall be allocated among
the designated accounts on a pro rata basis.
   (e) The Franchise Tax Board shall revise the form of the return to
include a space labeled the "National World War II Veterans Memorial"
to allow for the designation permitted under subdivision (a).  The
Franchise Tax Board shall state in the accompanying tax information
booklet that the contributions will be for use on the World War II
Memorial in Washington, D.C.
   (f) Notwithstanding any other provision, a voluntary contribution
designation for the National World War II Veterans Memorial Trust
Fund shall not be added on the tax return until another voluntary
contribution designation is removed.
   (g) A deduction shall be allowed under Article 6 (commencing with
Section 17201) of Chapter 3 of Part 10 for the amount of any
contribution made under subdivision (a).
18702.  (a) The Franchise Tax Board shall annually determine the
total amount designated pursuant to subdivision (a) of Section 18701
and notify the Controller of that amount.
   (b) The Controller shall transfer the amount determined under
subdivision (a), less the direct, actual costs of the Franchise Tax
Board and the Controller for the collection and administration of
funds under this article, to the National World War II Veterans
Memorial Trust Fund, established pursuant to Section 1350 of the
Military and Veterans Code, for use on the World War II Memorial in
Washington, D.C.  Upon appropriation by the Legislature, the
Controller shall transfer the amount of reimbursement for direct
actual costs incurred by the Franchise Tax Board and the Office of
the Controller in the administration of this fund.
   (c) All funds deposited in the National World War II Veterans
Memorial Trust Fund, shall be allocated in accordance with Section
1350 of the Military and Veterans Code, to the American Battle
Monuments Commission for the construction and maintenance of the
World War II Memorial described in Section 1 of Chapter 864 of the
Statutes of 1999.
18703.  This article creates an additional source of funding for a
specified purpose.  The funds generated by this article shall not be
used in place of funds from other sources that are available for
appropriation to the National World War II Veterans Memorial Trust
Fund.
18704.  (a) This article shall remain in effect only until January 1
of the third taxable year following the first appearance of the
National World War II Veterans Memorial Trust Fund on the tax return
and as of that date is repealed, unless a later enacted statute, that
is enacted before the applicable date, deletes or extends that date.
   (b) If, in any calendar year after the first taxable year the
National World War II Veterans Memorial Trust Fund appears on the tax
return, the Franchise Tax Board estimates by September 1 that
contributions described in this article made on returns filed in that
calendar year will be less than two hundred fifty thousand dollars
($250,000), or the adjusted amount specified in subdivision (c) for
subsequent taxable years, as may be applicable, then this article is
repealed with respect to taxable years beginning on or after January
1 of that calendar year.  The Franchise Tax Board shall estimate the
annual contribution amount by September 1 of each year using the
actual amounts known to be contributed and an estimate of the
remaining year's contribution.
   (c) For each calendar year, beginning with the second calendar
year the National World War II Veterans Memorial Trust Fund appears
on the tax return, the Franchise Tax Board shall adjust, on or before
September 1 of that calendar year, the minimum estimated
contribution amount specified in subdivision (b) as follows:
   (1) The minimum estimated contribution amount for the calendar
year shall be an amount equal to the product of the minimum estimated
contribution amount for the prior September 1 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.