BILL NUMBER: AB 232	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 5, 2013

   An act  to add Sections 17053.15 and 23683 to the Revenue and
Taxation Code,   relating to taxation  , to take effect
immediately, tax levy .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 232, as amended, Ting.  Personal income  
Income  taxes: credits: gun buybacks.
   The Personal Income Tax Law  authorizes   and
the Corporation Tax Law allow  various credits against the
taxes imposed by  that law   those laws  .

   This bill, for taxable years beginning on or after January 1,
2014, would allow a credit against the taxes imposed under the
Personal Income Tax Law in an amount equal to a specified amount for
a handgun, shotgun, rifle, or assault weapon in working condition
that is surrendered or sold to local law enforcement in a gun buyback
program during the taxable year, not to exceed $1,000 per taxable
year.  
   This bill, for taxable years beginning on or after January 1,
2014, would allow a credit against the taxes imposed under the
Corporation Tax Law in an amount equal to the monetary amount
contributed during the taxable year by a taxpayer to a gun buyback
program administered by local law enforcement, not to exceed $1,000
per taxable year.  
   This bill would take effect immediately as a tax levy. 

   This bill would state the intent of the Legislature to enact
legislation that would create the California Gun Buyback Incentive
Program, which would consist of legislation authorizing a personal
income tax credit for persons who voluntarily surrender a firearm or
large capacity magazine to a local government entity that is
conducting a gun buyback program. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 17053.15 is added to the 
 Revenue and Taxation Code   , to read:  
   17053.15.  (a) (1) For each taxable year beginning on or after
January 1, 2014, there shall be allowed as a credit against the "net
tax," as defined in Section 17039, an amount equal to the amount
described in paragraph (2) for a handgun, shotgun, rifle, or assault
weapon in working condition that is surrendered or sold to local law
enforcement in a gun buyback program during the taxable year, not to
exceed one thousand dollars ($1,000) per taxable year.
   (2) The amount of credit allowed under this section is as follows:

   (A) Five hundred dollars per handgun, shotgun, or rifle that is in
working condition.
   (B) One thousand dollars per assault weapon that is in working
condition.
   (b) The taxpayer shall keep a record of the type of handgun,
shotgun, rifle, or assault weapon surrendered or sold to local law
enforcement in a buyback program, the number surrendered or sold, the
name, address, and date of the buyback program or any other
information the Franchise Tax Board may prescribe by regulation. This
record shall be furnished to the Franchise Tax Board upon request.
   (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 succeeding two years if necessary, until the credit has been
exhausted.
   (d) (1) The Franchise Tax Board shall promulgate rules and
regulations as necessary or appropriate to implement this section.
   (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to any
rules or regulations established or issued by the Franchise Tax Board
pursuant to this section. 
   SEC. 2.    Section 23683 is added to the  
Revenue and Taxation Code   , to read:  
   23683.  (a) For each taxable year beginning on or after January 1,
2014, there shall be allowed as a credit against the "tax," as
defined in Section 23036, an amount equal to the monetary amount
contributed during the taxable year by a taxpayer to a gun buyback
program administered by local law enforcement, not to exceed one
thousand dollars ($1,000) per taxable year.
   (b) The taxpayer shall keep a record of the monetary amount
contributed, the date of contribution, and the name, address, and
date of the buyback program, or any other information the Franchise
Tax Board may prescribe by regulation. This record shall be furnished
to the Franchise Tax Board upon request.
   (c) In the case where the credit allowed by this section exceeds
the "tax," the excess may be carried over to reduce the "tax" in the
succeeding two years if necessary, until the credit has been
exhausted.
   (d) (1) The Franchise Tax Board shall promulgate rules and
regulations as necessary or appropriate to implement this section.
   (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to any
rules or regulations established or issued by the Franchise Tax Board
pursuant to this section. 
   SEC. 3.    This act provides for a tax levy within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would create the California Gun Buyback
Incentive Program, which would consist of legislation that
authorizing a personal income tax credit for persons who voluntarily
surrender a firearm or large capacity magazine to a local government
entity that is conducting a gun buyback program.