(a) Except as otherwise provided in subdivision (b),
29this article shall remain in effect only until January 1 of the fifth
30taxable year following the first appearance of the Prevention of
31Animal Homelessness and Cruelty Fund on the tax return, or
32January 1, 2022, whichever occurs first, and is repealed as of
33December 1 of that year.
34(b) (1) By September 1 of the second calendar year and by
35September 1 of each subsequent calendar year that the Prevention
36of Animal Homelessness and Cruelty Fund appears on the tax
37return, the Franchise Tax Board shall do all of the following:
38(A) Determine the minimum
contribution amount required to
39be received during the next calendar year for the fund to appear
P5 1on the tax return for the taxable year that includes that next
3(B) Provide written notification to the Department of Food and
4Agriculture of the amount determined in subparagraph (A).
5(C) Determine whether the amount of contributions estimated
6to be received during the calendar year will equal or exceed the
7minimum contribution amount determined by the Franchise Tax
8Board for the calendar year pursuant to subparagraph (A). The
9Franchise Tax Board shall estimate the amount of contributions
10to be received by using the actual amounts received and an
11estimate of the contributions that will be received by the end of
12that calendar year.
13(2) If the Franchise Tax Board determines that the amount of
14the contributions estimated to be received during a calendar year
15will not at least equal the minimum contribution amount for the
16calendar year, this article shall be inoperative with respect to
17taxable years beginning on or after January 1 of that calendar
18year and shall be repealed on December 1 of that year.
19(3) For purposes of this section, the minimum contribution
20amount for a calendar year means two hundred fifty thousand
21dollars ($250,000) for the second calendar year after the first
22appearance of the Prevention of Animal Homelessness and Cruelty
23Fund on the personal income tax return or the adjusted minimum
24contribution amount adjusted pursuant to subdivision (c).
25(c) For each calendar year, beginning with the third calendar
26year after the
first appearance of the Prevention of Animal
27Homelessness and Cruelty Fund on the tax return, the Franchise
28Tax Board shall adjust, on or before September 1 of that calendar
29year, the minimum estimated contribution amount specified in
30subdivision (b) as follows:
31(1) The minimum contribution amount for the calendar year
32shall be an amount equal to the product of the minimum
33contribution amount for the prior calendar year, multiplied by the
34inflation factor adjustment as specified in paragraph (2) of
35subdivision (h) of Section 17041, rounded off to the nearest dollar.
36(2) The inflation factor adjustment used for the calendar year
37shall be based on the figures for the percentage change in the
38California Consumer Price Index received on or before August 1
39of the calendar year pursuant to paragraph (1) of subdivision (h)
40of Section 17041.
P6 1(d) Notwithstanding the repeal of this article, any contribution
2amounts designated pursuant to this article prior to its repeal shall
3continue to be transferred and disbursed in accordance with this
4article as in effect immediately prior to that repeal.