18771-18773

REVENUE AND TAXATION CODE
SECTION 18771-18773




18771.  (a) Any individual who is allowed the credit under
subdivision (c) of Section 17054 may designate on the tax return that
a contribution is being made in an amount not to exceed the amount
of the credit, without regard to Section 17054.1, which is to be paid
to the California Seniors Special Fund.
   (b) The contribution may be made individually by each eligible
signatory on the joint return who is allowed the credit under
subdivision (c) of Section 17054.
   (c) The individual's return shall be treated as if no designation
is made under this article if either of the following apply:
   (1) The credit allowed by subdivision (c) of Section 17054
reported on the return is insufficient to cover the amount of the
contribution.
   (2) Payments and credits reported on the return, together with any
other credits associated with the taxpayer's return are insufficient
to cover the amount of tax owed plus the contribution.
   (d) A designation under subdivision (a) shall be made for any
taxable year on the initial return for that taxable year, and once
made shall be irrevocable.
   (e) The Franchise Tax Board shall revise the forms of the return
to allow for the designation permitted under subdivision (a).
   (f) A deduction shall be allowed under Article 6 (commencing with
Section 17201) of Chapter 3 of Part 10 for any contribution made
pursuant to subdivision (a).



18772.  There is hereby established in the State Treasury the
California Seniors Special Fund to receive contributions made
pursuant to Section 18771.
   The Franchise Tax Board shall notify the Controller of the amount
of the credits designated pursuant to Section 18771 to be transferred
into the California Seniors Special Fund. The Controller shall
transfer from the Personal Income Tax Fund to the California Seniors
Special Fund an amount not in excess of the sum of the credits
designated by individuals pursuant to Section 18771 for payment into
that fund.



18773.  (a) All money transferred to the California Seniors Special
Fund pursuant to Section 18771 shall, upon appropriation, be
allocated as follows:
   (1) 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.
   (2) To the California Commission on Aging, the sum of eighty
thousand dollars ($80,000) in each fiscal year, or the balance of the
fund if less than that amount remains for the operational support of
the Area Agency on Aging Advisory Council of California (TACC) for
its advocacy efforts on behalf of the senior citizens of California.
   (3) The balance, if any, to the California Department of Aging for
allocation on a per capita basis of individuals 60 years of age or
older to the area agencies on aging for the support of direct
services to senior citizens, as those services have been identified
in each agency's area plan. Each area agency on aging which elects to
receive moneys from the California Seniors Special Fund shall
include in their annual report a narrative describing the amount of
moneys so received and the purposes for which the money was expended.
   (b) All moneys allocated pursuant to paragraph (2) of subdivision
(a) may be carried over from the year in which they were received and
encumbered in any following year.
   (c) The amount allocated pursuant to paragraph (2) of subdivision
(a) may be adjusted annually, as determined by the Department of
Finance, to reflect changes in salary adjustments, price increases,
and travel reimbursement adjustments included for all state agencies
in the annual Budget Act.