2005 California Revenue and Taxation Code Sections 18805-18808 Memorial Foundation Fund

REVENUE AND TAXATION CODE
SECTION 18805-18808

18805.  (a) Any taxpayer may designate on the tax return that a
contribution in excess of the tax liability, if any, be made to the
California Peace Officer Memorial Foundation Fund, which is
established by Section 18806.  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 the joint return.
   (c) A designation 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 taxpayer's liability, the return shall
be treated as though no designation has been made.  In the event that
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 the administration of
funds under this article.
   (d) In the event a taxpayer 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) The Franchise Tax Board shall revise the forms of the return
to include a space labeled the "California Peace Officer Memorial
Foundation Fund" to allow for the designation permitted.  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 build and maintain the California
Peace Officer Memorial in Sacramento, California, and for activities
performed by the California Peace Officer Memorial Foundation in
support of families of slain peace officers.
   (f) A deduction shall be allowed under Article 6 (commencing with
Section 17201) of Chapter 3 for any contribution made pursuant to
subdivision (a).
18806.  There is in the State Treasury the California Peace Officer
Memorial Foundation Fund to receive contributions made pursuant to
Section 18805.  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 which taxpayers have
designated pursuant to Section 18805 to be transferred to the
California Peace Officer Memorial Foundation Fund.  The Controller
shall transfer from the Personal Income Tax Fund to the California
Peace Officer Memorial Foundation Fund an amount not in excess of the
sum of the amounts designated by individuals pursuant to Section
18805 for payment into that fund.  It is the intent of the
Legislature that the tax return for the 1999 taxable year include a
space for the California Peace Officer Memorial Foundation Fund.
18807.  All money transferred to the California Peace Officer
Memorial Foundation Fund, upon appropriation by the Legislature,
shall be allocated as follows:
   (a) 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.
   (b) To the California Department of the Highway Patrol for
allocation to the California Peace Officer Memorial Commission for
building and maintaining the California Peace Officer Memorial in
Sacramento, California, and for activities performed by the
California Peace Officer Memorial Foundation in support of families
of slain peace officers.
   (c) All money transferred to the California Peace Officer Memorial
Foundation Fund prior to the enactment of the act adding this
subdivision is hereby appropriated for allocation as described in
subdivisions (a) and (b).
18808.  (a) This article shall remain in effect only until January
1, 2011, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2011, deletes that date.
   (b) (1) If the repeal date specified in subdivision (a) has been
deleted and if, thereafter, in any calendar year 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
the minimum contribution amount prescribed by paragraph (2), or the
adjusted amount specified in subdivision (c), as may be applicable,
then this article is inoperative with respect to taxable years
beginning on and 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 contributions.
   (2) For purposes of this section, "minimum contribution amount"
means two hundred fifty thousand dollars ($250,000) for any calendar
year.
   (c) For each calendar year, beginning with calendar year 2005, 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.


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