California 2023-2024 Regular Session

California Assembly Bill AB3289 Latest Draft

Bill / Chaptered Version Filed 07/15/2024

                            Assembly Bill No. 3289 CHAPTER 124 An act to amend Section 41 of the Revenue and Taxation Code, relating to taxation.  [ Approved by  Governor  July 15, 2024.  Filed with  Secretary of State  July 15, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 3289, Committee on Revenue and Taxation. Taxation: tax expenditures: information.Existing law imposes various taxes and allows specified credits, deductions, exclusions, and exemptions in computing those taxes. Existing law also requires any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure, as defined, to contain, among other provisions, specified goals, purposes, and objectives that the tax expenditure will achieve and detailed performance indicators, including data collection requirements, to measure whether the tax expenditure is meeting those goals, purposes, and objectives.This bill would exempt a bill that would authorize a new tax expenditure that is a gross income exclusion from the requirement to include detailed performance indicators and data collection requirements to measure whether the tax expenditure is meeting the goals, purposes, and objectives of that tax expenditure, if the Legislature determines there is no available data to collect and report.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 41 of the Revenue and Taxation Code is amended to read:41. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.(b) For purposes of this section, tax expenditure means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.

 Assembly Bill No. 3289 CHAPTER 124 An act to amend Section 41 of the Revenue and Taxation Code, relating to taxation.  [ Approved by  Governor  July 15, 2024.  Filed with  Secretary of State  July 15, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 3289, Committee on Revenue and Taxation. Taxation: tax expenditures: information.Existing law imposes various taxes and allows specified credits, deductions, exclusions, and exemptions in computing those taxes. Existing law also requires any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure, as defined, to contain, among other provisions, specified goals, purposes, and objectives that the tax expenditure will achieve and detailed performance indicators, including data collection requirements, to measure whether the tax expenditure is meeting those goals, purposes, and objectives.This bill would exempt a bill that would authorize a new tax expenditure that is a gross income exclusion from the requirement to include detailed performance indicators and data collection requirements to measure whether the tax expenditure is meeting the goals, purposes, and objectives of that tax expenditure, if the Legislature determines there is no available data to collect and report.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Assembly Bill No. 3289 CHAPTER 124

 Assembly Bill No. 3289

 CHAPTER 124

 An act to amend Section 41 of the Revenue and Taxation Code, relating to taxation. 

 [ Approved by  Governor  July 15, 2024.  Filed with  Secretary of State  July 15, 2024. ] 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 3289, Committee on Revenue and Taxation. Taxation: tax expenditures: information.

Existing law imposes various taxes and allows specified credits, deductions, exclusions, and exemptions in computing those taxes. Existing law also requires any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure, as defined, to contain, among other provisions, specified goals, purposes, and objectives that the tax expenditure will achieve and detailed performance indicators, including data collection requirements, to measure whether the tax expenditure is meeting those goals, purposes, and objectives.This bill would exempt a bill that would authorize a new tax expenditure that is a gross income exclusion from the requirement to include detailed performance indicators and data collection requirements to measure whether the tax expenditure is meeting the goals, purposes, and objectives of that tax expenditure, if the Legislature determines there is no available data to collect and report.

Existing law imposes various taxes and allows specified credits, deductions, exclusions, and exemptions in computing those taxes. Existing law also requires any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure, as defined, to contain, among other provisions, specified goals, purposes, and objectives that the tax expenditure will achieve and detailed performance indicators, including data collection requirements, to measure whether the tax expenditure is meeting those goals, purposes, and objectives.

This bill would exempt a bill that would authorize a new tax expenditure that is a gross income exclusion from the requirement to include detailed performance indicators and data collection requirements to measure whether the tax expenditure is meeting the goals, purposes, and objectives of that tax expenditure, if the Legislature determines there is no available data to collect and report.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 41 of the Revenue and Taxation Code is amended to read:41. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.(b) For purposes of this section, tax expenditure means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 41 of the Revenue and Taxation Code is amended to read:41. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.(b) For purposes of this section, tax expenditure means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.

SECTION 1. Section 41 of the Revenue and Taxation Code is amended to read:

### SECTION 1.

41. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.(b) For purposes of this section, tax expenditure means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.

41. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.(b) For purposes of this section, tax expenditure means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.

41. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.(b) For purposes of this section, tax expenditure means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.



41. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any bill, introduced on or after January 1, 2020, that would authorize a new tax expenditure under Part 10 (commencing with Section 17001) of Division 2, Part 11 (commencing with Section 23001) of Division 2, or both, or that would authorize an exemption from the taxes imposed by Part 1 (commencing with Section 6001) of Division 2, shall contain all of the following:

(A) Specific goals, purposes, and objectives that the tax expenditure will achieve.

(B) Detailed performance indicators for the Legislature to use when measuring whether the tax expenditure meets the goals, purposes, and objectives stated in the bill.

(C) Data collection requirements to enable the Legislature to determine whether the tax expenditure is meeting, failing to meet, or exceeding those specific goals, purposes, and objectives. The requirements shall include the specific data and baseline measurements to be collected and remitted in each year the tax expenditure is in effect, in order for the Legislature to measure the change in performance indicators, and the specific taxpayers, state agencies, or other entities required to collect and remit data.

(2) A bill that would authorize a new tax expenditure that is a gross income exclusion shall be exempt from including the information in subparagraphs (B) and (C) of paragraph (1), if the Legislature determines there is no available data to collect and report.

(b) For purposes of this section, tax expenditure means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state.

(c) Taxpayer information collected pursuant to this section is subject to Sections 7056.5 and 19542.