2005 California Revenue and Taxation Code Sections 18705-18709 Article 1.5. California Military Family Relief Fund

18705.  (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 Military Family Relief Fund, established by Section 18706.
  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 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 Military Family Relief
Fund" to allow for the designation permitted.
   (1) The forms shall 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 provide financial aid grants
to members of the California National Guard who are California
residents, who have been called to active duty.
   (2) The forms shall also include in the instructions information
that additional contributions may be made at any time to the
California Military Family Relief Fund, from sources other than the
tax form.
   (f) Notwithstanding any other provision of law, a voluntary
contribution designation for the California Military Family Relief
Fund may not be added to 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 for any contribution made pursuant to
subdivision (a).
18706.  There is in the State Treasury the California Military
Family Relief Fund to receive contributions made pursuant to Section
18705. 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 18705 to be transferred to the
California Military Family Relief Fund. The Controller shall transfer
from the Personal Income Tax Fund to the California Military Family
Relief Fund an amount not in excess of the sum of the amounts
designated by individuals pursuant to Section 18705 for payment into
that fund. The California Military Family Relief Fund shall also
accept contributions from sources other than the tax form, at any
time.
18707.  All money transferred to the California Military Family
Relief 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) (1) To the Military Department for the establishment of
financial aid grants to members of the California National Guard who
are California residents, who have been called to active duty.  The
Military Department shall establish eligibility criteria for the
grants.
   (2) In addition to criteria established by the Military Department
pursuant to paragraph (1), members of the California National Guard
who are California residents shall show proof of all of the following
to be eligible to receive a grant:
   (A) Membership in the California National Guard.
   (B) Residency in California.
   (C) Deployment to active duty for at least 100 consecutive days.
   (D) The military salary of the member has decreased by 30 percent
or more from the member's civilian salary.
   (3) Grants awarded pursuant to this article may only be used for
any of the following: food, housing, child care, utilities, medical
services, medical prescriptions, insurance, and vehicle payments.
   (4) Members of the California National Guard who are California
residents may not be eligible to receive a grant if the member
receives a punitive discharge or an administrative discharge with
service characterized as under other than honorable conditions.
18708.  The Legislature finds and declares all of the following:
   (a) Due to the extended war in Iraq, deployment of California's
National Guard averages a year or more.
   (b) Private companies do not generally offset the difference in
their employees' reduced salaries while serving overseas.  Military
families are losing as much as 70 percent of their household income
when a primary income producer serves on active duty.
   (c) It is the intent of the Legislature, in enacting this article,
to establish a fund for the granting of relief aid to persons who
are members of the California National Guard who are California
residents, who have been called to active duty.
18709.  (a) This article shall, subject to subdivision (b), remain
in effect only until January 1 of the fifth taxable year following
the first appearance of the California Military Family Relief 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 the second calendar year after the first taxable year
the California Military Family Relief Fund appears on the tax return,
or in any subsequent calendar year, as applicable, 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 third calendar year
that the California Military Family Relief 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.