AMENDED IN SENIOR SENATE OCTOBER 19, 2005

SENIOR SENATE PROPOSAL NO. 20

INTRODUCED BY SENIOR SENATORS LEVY AND SMITH

(COAUTHORS: SENIOR SENATORS BETTIO, ERMAN, JAFFEE, LONG, MACK, MARTI, ORANGE, AND W.YOUNG)

(COAUTHORS: SENIOR ASSEMBLY MEMBERS AGOR, BOUER, BOYCE, MEADE, RICKLES, WELCH, AND L.YOUNG)

LEGISLATIVE COUNSEL'S DIGEST

SP 20:  CALIFORNIA SENIOR LEGISLATURE.

(1) UNDER THE PERSONAL INCOME TAX LAW, TAXPAYERS ARE ALLOWED, UNTIL JANUARY 1,2010, TO CONTRIBUTE AMOUNTS IN EXCESS OF THEIR TAX LIABILITY FOR THE SUPPORT OF THE CALIFORNIA FUND FOR SENIOR CITIZENS.  EXISTING LAW PROVIDES FOR THE REPEAL OF THE CONTRIBUTION PROVISIONS FOR THESE FUNDS EITHER ON THE JANUARY 1 FOLLOWING THE CALENDAR YEAR FOR WHICH THE FRANCHISE TAX BOARD ESTIMATES THAT THE MINIMUM CONTRIBUTION AMOUNT WILL BE LESS THAN $250,000 OR ON JANUARY 1, 2010, WHICHEVER OCCURS FIRST.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REDUCE TO $200,000 THE MINIMUM CONTRIBUTION AMOUNT NEEDED FOR THE CALIFORNIA FUND FOR SENIOR CITIZENS TO REMAIN AN APPROVED TAX CHECK-OFF PROGRAM ON THE STATE INCOME TAX FORM.

(2) EXISTING LAW, OPERATIVE ON JULY 1, 2006, OR WHEN BOTH THE JOINT RULES COMMITTEE OF THE CALIFORNIA SENIOR LEGISLATURE AND THE EXECUTIVE DIRECTOR OF THE CALIFORNIA COMMISSION ON AGING REPORT TO THE CHIEF CLERK OF THE ASSEMBLY THAT THE SEPARATION OF THE CALIFORNIA SENIOR LEGISLATURE AND THE COMMISSION HAS BEEN ACCOMPLISHED, WHICHEVER IS EARLIER, PROVIDES THAT THE MEMBERS OF THE CALIFORNIA SENIOR LEGISLATURE BE ELECTED OR APPOINTED ACCORDING TO RULES DEVELOPED IN COOPERATION WITH THE CALIFORNIA ASSOCIATION OF AREA AGENCIES ON AGING.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD LOWER ELECTION COSTS FOR MEMBERS OF THE CALIFORNIA SENIOR LEGISLATURE BY REQUIRING THOSE ELECTION RULES INSTEAD TO BE DEVELOPED AND APPROVED BY THE CALIFORNIA SENIOR LEGISLATURE.

(3) EXISTING LAW, OPERATIVE ON JULY 1, 2006, OR WHEN THE SEPARATION OF THE CALIFORNIA SENIOR LEGISLATURE AND THE COMMISSION IS REPORTED, AS DESCRIBED IN (2), REQUIRES THE CALIFORNIA SENIOR LEGISLATURE TO ENTER INTO INTERAGENCY AGREEMENTS WITH A STATE ENTITY TO CARRY OUT ADMINISTRATIVE DUTIES RELATED TO ITS PROGRAM, AND TO IDENTIFY THE STATE ENTITY BY MAY 1, 2005.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD PROVIDE SUFFICIENT TIME FOR THE CALIFORNIA STATE LEGISLATURE TO ENTER INTO AN AGREEMENT WITH A STATE ENTITY AND DESIGNATE THE CALIFORNIA COMMISSION ON AGING AS THE INTERIM STATE ENTITY FOR THESE PURPOSES COMMENCING ON MAY 1, 2005.

VOTE: MAJORITY.

SP 20: RELATING TO THE CALIFORNIA SENIOR LEGISLATURE

WHEREAS, THE CALIFORNIA LEGISLATURE IN 1980 INTRODUCED ACR 129 (STATS. 1980, RES. CH. 91 (MELLO)) REQUESTING THE CALIFORNIA COMMISSION ON AGING TO CALL A SESSION OF THE CALIFORNIA SILVER-HAIRED LEGISLATURE (LATER CALLED THE CALIFORNIA SENIOR LEGISLATURE), WHICH WAS COMPRISED OF SENIOR CITIZENS, AND THAT PROPOSED, DEBATED, AND MADE RECOMMENDATIONS UPON LEGISLATION THAT AFFECTED ELDERLY CALIFORNIANS; AND

WHEREAS, THE CALIFORNIA SENIOR LEGISLATURE ESTABLISHED ITS PRIMARY GOALS TO (1) IDENTIFY AND PRIORITIZE SENIOR CITIZENS CONCERNS, (2) DEVELOP PROPOSALS IN RESPONSE TO THOSE CONCERNS, AND (3) ADVOCATE FOR THE INCLUSION OF THOSE ISSUES IN THE LEGISLATIVE PROPOSALS OF THE CALIFORNIA SENIOR LEGISLATURE; AND

WHEREAS, THE CALIFORNIA SENIOR LEGISLATURE MEETS EVERY FALL IN SACRAMENTO TO CONSIDER LEGISLATIVE PROPOSALS THAT ORIGINATE FROM CONSTITUENTS IN THEIR DISTRICTS AND GIVE PRIORITIES TO THE LEGISLATIVE CONCERNS OF 4,000,000 SENIORS IN CALIFORNIA; AND

WHEREAS, THE CALIFORNIA SENIOR LEGISLATURE HAS CONSISTENTLY PROVIDED 10 TOP STATE PROPOSALS EVERY YEAR SINCE 1980; AND

WHEREAS, THE 40 SENIOR SENATORS AND 80 SENIOR ASSEMBLY MEMBERS OF THE CALIFORNIA SENIOR LEGISLATURE WORK THROUGHOUT THE YEAR WITH THE OFFICIAL STATE LEGISLATORS FOR THE ADOPTION OF SENIOR PROPOSALS PRIORITIZED AT THEIR ANNUAL SESSION; AND

WHEREAS, STATE LEGISLATORS HAVE AUTHORED OVER 170 PROPOSALS OF THE CALIFORNIA SENIOR LEGISLATURE THAT HAVE BEEN ENACTED INTO LAWS, THUS IMPROVING THE QUALITY OF LIFE FOR THE EVER EXPANDING 60-PLUS AGED RESIDENTS OF OUR STATE; AND

WHEREAS, THE PRIMARY FUNDS FOR THE OPERATION OF THE CALIFORNIA SENIOR LEGISLATURE COME FROM GENEROUS CITIZENS MAKING CONTRIBUTIONS TO THE CALIFORNIA FUND FOR SENIOR CITIZENS THROUGH THE STATE'S TAX CHECK-OFF PROGRAM; AND

WHEREAS, THERE ARE TWO SENIOR ORGANIZATIONS ON THE TAX-CHECK LIST - LINE 52, THE TRIPLE A COUNCIL OF CALIFORNIA (TACC) - AND LINE 54, THE CALIFORNIA SENIOR LEGISLATURE (CSL) - WITH SIMILAR NAMES LISTED ON FRANCHISE TAX BOARD (FTB) FORMS CONFUSING POTENTIAL DONORS AND TAX PREPARERS; AND

WHEREAS, THE SIMILARITY OF NAMES HAS ADVERSELY AFFECTED CONTRIBUTIONS MADE BY CITIZENS AND TAX PREPARERS IN DONATIONS DESIGNATED FOR THE CALIFORNIA SENIOR LEGISLATURE GOING INTO THE WRONG FUND SINCE THE OTHER SENIOR ORGANIZATION WITH A SIMILAR NAME IS LISTED BEFORE THE "CALIFORNIA FUND FOR SENIOR CITIZENS" ON THE FTB FORM; AND

WHEREAS, MOST OR ALL OF THE 13 ORGANIZATIONS LISTED AS APPROVED TAX CHECK-OFF PROGRAMS HAVE BEEN NEGATIVELY IMPACTED BY THE FRANCHISE TAX BOARD'S RECENT REQUIREMENT THAT TAX PREPARERS ELECTRONICALLY TRANSMIT APPROXIMATELY NINETY PERCENT OF THEIR CLIENT'S CLIENTS' RETURNS; AND

WHEREAS, MANY INCOME TAX PREPARERS DID NOT INPUT THEIR CLIENTS' TAX CHECK-OFF REQUESTS DUE TO COMPLICATIONS WITH THEIR SOFTWARE OR THE PREPARERS' LACK OF KNOWLEDGE OF HOW TO MAKE THE ENTRIES; AND

WHEREAS, THE FAILURE OF A SIGNIFICANT NUMBER OF TAX PREPARERS TO INPUT THEIR CLIENTS' TAX CHECK-OFF REQUESTS MAY PREVENT THE CALIFORNIA FUND FOR SENIOR CITIZENS FROM MEETING ITS MINIMUM REQUIREMENT NEEDED IN ORDER TO REMAIN AN APPROVED TAX CHECK-OFF PROGRAM ON THE STATE'S INCOME TAX RETURN FORMS; AND

WHEREAS, THE CALIFORNIA SENIOR LEGISLATURE MAY NOT BE ABLE TO CONTINUE UNLESS THERE ARE STATUTORY CHANGES IN THE STATE'S REVENUE AND TAX CODE AND WELFARE AND INSTITUTIONS CODE, SINCE THE CALIFORNIA SENIOR LEGISLATURE WAS NOT AWARE OF THE AMOUNT OF MONEY THAT THE CALIFORNIA DEPARTMENT OF AGING (CDA) WAS PROVIDING FOR IN-KIND SERVICES THAT WILL NO LONGER BE AVAILABLE AFTER THE SEPARATION OF THE CALIFORNIA SENIOR LEGISLATURE FROM THE CALIFORNIA COMMISSION ON AGING; AND

WHEREAS, EXISTING LAW MAY NOT GIVE THE CALIFORNIA SENIOR LEGISLATURE SUFFICIENT TIME NEEDED TO LOCATE AND ENTER INTO INTERAGENCY AGREEMENTS WITH A STATE ENTITY WILLING TO CARRY OUT ADMINISTRATIVE DUTIES RELATED TO THE CALIFORNIA SENIOR LEGISLATURE'S PROGRAMS; AND

WHEREAS, STATUTORY CHANGES TO THE WELFARE AND INSTITUTIONS CODE MAY BE NEEDED TO GIVE THE CALIFORNIA SENIOR LEGISLATURE ADEQUATE TIME TO ENTER INTO THE REQUIRED INTERAGENCY AGREEMENTS; AND

WHEREAS, THE CALIFORNIA SENIOR LEGISLATURE NEEDS STATUTORY CHANGES IN THE WELFARE AND INSTITUTION CODE TO SECURE AUTHORITY TO ENTER INTO AGREEMENTS WITH OTHER ENTITIES THAT CAN PROVIDE BETTER AND SIGNIFICANTLY LOWER-PRICED METHODS OF HOLDING ELECTIONS OF ITS MEMBERS THAN THOSE PRESENTLY USED OR RECOMMENDED BY THE CALIFORNIA ASSOCIATION OF AREA AGENCIES ON AGING; NOW THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2005 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE MINIMUM CONTRIBUTION BE CHANGED IN THE EXISTING REGULATION STATING THE MINIMUM AMOUNT OF $200,000 WITHOUT INDEXING BE THE AMOUNT NEEDED FOR THE CALIFORNIA FUND FOR SENIOR CITIZENS TO REMAIN AN APPROVED TAX CHECK-OFF PROGRAM EACH YEAR UNTIL 2010; AND BE IT FURTHER

RESOLVED, THAT TO LOWER EXISTING COSTS FOR ELECTION OF MEMBERS, SECTION 9302 OF THE WELFARE AND INSTITUTIONS CODE, AS AMENDED BY CHAPTER 633 OF THE STATUTES OF 2004, BE AMENDED TO READ:

"9302. THE MEMBERS OF THE CALIFORNIA SENIOR LEGISLATURE SHALL BE ELECTED OR APPOINTED, IN ALL 33 PLANNING AND SERVICE AREAS IN CALIFORNIA, ACCORDING TO RULES DEVELOPED AND APPROVED BY THE CALIFORNIA SENIOR LEGISLATURE." AND BE IT FURTHER RESOLVED, THAT TO PROVIDE SUFFICIENT TIME TO ENTER INTO AN AGREEMENT WITH ANOTHER STATE ENTITY, SUBDIVISION (B) OF SECTION 9304.5 OF THE WELFARE AND INSTITUTIONS CODE BE AMENDED TO READ AS FOLLOWS:

"(B) THE CALIFORNIA SENIOR LEGISLATURE SHALL IDENTIFY THE STATE ENTITY FOR PURPOSES OF SUBDIVISION (A) BY MAY 1, 2006, IN ORDER TO MEET THE BUDGET PROPOSAL CYCLE TO ACHIEVE A TRANSITION OF RESPONSIBILITIES IN THE 2007-08 FISCAL YEAR.  COMMENCING ON MAY 1, 2005, IN THE EVENT THAT THE CALIFORNIA SENIOR LEGISLATURE HAS NOT COMPLETED ITS AGREEMENTS WITH A DIFFERENT INTERAGENCY ENTITY, THE CALIFORNIA COMMISSION ON AGING SHALL BE THE INTERIM5 STATE ENTITY FOR PURPOSES OF SUBDIVISION (A) IN ORDER TO MEET THE BUDGET PROPOSAL CYCLE FOR THE 2006-2007 FISCAL YEAR."  AND BE IT FURTHER 

RESOLVED, THAT THE NAME "CALIFORNIA FUND FOR SENIOR CITIZENS" PRINTED ON THE FTB'S FORMS BE CHANGED TO "FUND FOR THE CALIFORNIA SENIOR LEGISLATURE" OR "THE CALIFORNIA SENIOR LEGISLATURE FUND" IN ORDER TO AVOID CONFUSION WITH ANOTHER ORGANIZATION LISTED ON FTB FORMS WITH A SIMILAR SOUNDING NAME; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE, AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.