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SB-935 Personal Income Tax Law: Corporation Tax Law: credits: educator housing.(2023-2024)



Current Version: 06/11/24 - Amended Assembly

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SB935:v96#DOCUMENT

Amended  IN  Assembly  June 11, 2024
Amended  IN  Senate  April 24, 2024
Amended  IN  Senate  March 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 935

Introduced by Senator Becker

January 16, 2024

An act to amend Section 872 of the Penal Code, relating to crimes. An act to add and repeal Sections 17053.81 and 23631 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


SB 935, as amended, Becker. Criminal procedure: hearsay testimony at preliminary hearings. Personal Income Tax Law: Corporation Tax Law: credits: educator housing.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including, in modified conformity with federal tax laws, a credit to qualified low-income housing projects.
This bill would, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, allow a credit against those taxes in an amount equal to 20% of the costs of development for a qualified school staff housing project, as defined, to a qualified taxpayer.
Existing law requires any bill authorizing a new tax expenditure, as defined to include tax credits, to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.
This bill would include findings and reporting requirements in compliance with this requirement.
This bill would take effect immediately as a tax levy.

The California Constitution allows hearsay testimony at preliminary hearings as prescribed by the Legislature. Existing law authorizes a law enforcement officer or honorably retired law enforcement officer with either 5 years of law enforcement experience or training in the investigation and reporting of cases and testifying at preliminary hearings to testify to the out-of-court statements of declarants offered for the truth of the matter asserted.

This bill would additionally allow a honorably separated law enforcement officer with that experience or training to testify to the out-of-court statements of declarants offered for the truth of the matter asserted.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 17053.81 is added to the Revenue and Taxation Code, to read:

17053.81.
 (a) For each taxable year beginning on or after January 1, 2025, and before January 1, 2030, there shall be allowed a credit against the “net tax,” as defined in Section 17039, to a qualified taxpayer in an amount equal to 20 percent of the costs of development of a qualified school staff housing project.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified school staff housing project” means a housing project that satisfies all of the following:
(A) Is located on land owned by a school district or local government.
(B) Is developed by a qualified taxpayer.
(C) Occupancy of the completed housing project is restricted to qualifying tenants.
(2) “Qualified taxpayer” means a developer that enters into an agreement with a school district or local government to develop a qualified school staff housing project.
(3) “Qualifying tenant” means a full-time employee of a school district.
(c) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and the succeeding four years if necessary, until the credit is exhausted.
(d) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section.
(e) (1) For purposes of complying with Section 41 as it pertains to the credit allowed by this section and Section 23631, the Legislature finds and declares the following:
(A) The goal of the credit is to provide more affordable housing for teachers and school employees.
(B) The performance indicators for the Legislature to use to determine whether the credit meets the stated goal are as follows:
(i) The number of taxpayers allowed a credit.
(ii) The average credit amount allowed.
(2) (A) The Franchise Tax Board, no later than May 1, 2027, and annually thereafter, shall submit a report to the to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit and the average credit allowed.
(B) The disclosure requirements of this paragraph shall be treated as an exception to Section 19542.
(f) This section shall remain in effect only until December 1, 2030, and as of that date is repealed.

SEC. 2.

 Section 23631 is added to the Revenue and Taxation Code, to read:

23631.
 (a) For each taxable year beginning on or after January 1, 2025, and before January 1, 2030, there shall be allowed a credit against the “tax,” as defined in Section 23036, to a qualified taxpayer in an amount equal to 20 percent of the costs of development of a qualified school staff housing project.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified school staff housing project” means a housing project that satisfies all of the following:
(A) Is located on land owned by a school district or local government.
(B) Is developed by a qualified taxpayer.
(C) Occupancy of the completed housing project is restricted to qualifying tenants.
(2) “Qualified taxpayer” means a developer that enters into an agreement with a school district or local government to develop a qualified school staff housing project.
(3) “Qualifying tenant” means a full-time employee of a school district.
(c) In the case where the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and the succeeding four years if necessary, until the credit is exhausted.
(d) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section.
(e) This section shall remain in effect only until December 1, 2030, and as of that date is repealed.

SEC. 3.

  This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
SECTION 1.Section 872 of the Penal Code is amended to read:
872.

(a)If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty, the magistrate shall make or indorse on the complaint an order, signed by the magistrate, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe that the within named A. B. is guilty, I order that he or she be held to answer to the same.”

(b)Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer or honorably retired or honorably separated law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted. An honorably retired or honorably separated law enforcement officer may only relate statements of declarants made out of court and offered for the truth of the matter asserted that were made when the honorably retired or honorably separated officer was an active law enforcement officer. Any law enforcement officer or honorably retired or honorably separated law enforcement officer testifying as to hearsay statements shall either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training that includes training in the investigation and reporting of cases and testifying at preliminary hearings.

(c)For purposes of subdivision (b), a law enforcement officer is any officer or agent employed by a federal, state, or local government agency to whom all of the following apply:

(1)Has either five years of law enforcement experience or who has completed a training course certified by the Commission on Peace Officer Standards and Training that includes training in the investigation and reporting of cases and testifying at preliminary hearings.

(2)Whose primary responsibility is the enforcement of any law, the detection and apprehension of persons who have violated any law, or the investigation and preparation for prosecution of cases involving violation of laws.