AMENDED IN SENIOR ASSEMBLY OCTOBER 26, 2010

SENIOR ASSEMBLY PROPOSAL NO. 40

INTRODUCED BY SENIOR ASSEMBLY MEMBER GLASMEIER

(COAUTHOR: SENIOR SENATOR HARTMANN)

LEGISLATIVE COUNSEL'S DIGEST

AP 40: INCOME TAX EXEMPTION FOR FUNERAL EXPENSES.

THE PERSONAL INCOME TAX LAW ALLOWS VARIOUS DEDUCTIONS IN COMPUTING THE INCOME THAT IS SUBJECT TO TAXES IMPOSED BY THAT LAW.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ALLOW TAXPAYERS WHO ARE 65 YEARS OF AGE AND OLDER TO TAKE UP TO $250 AS A CREDIT AGAINST STATE INCOME TAX OR AS A CASH REIMBURSEMENT FOR THOSE WHO ARE NOT SUBJECT TO STATE INCOME TAX FOR FUNERAL EXPENSES OF A SPOUSE OR DOMESTIC PARTNER.


VOTE: MAJORITY.

AP 40: RELATING TO INCOME TAX EXEMPTION FOR FUNERAL EXPENSES

WHEREAS, MANY SENIOR CITIZENS LIVE ON A FIXED INCOME, AND COSTS FOR HEALTH CARE, HOUSING, HOMEOWNER’S INSURANCE, AND TRANSPORTATION FOR SENIOR CITIZENS HAVE RISEN DRAMATICALLY; AND

WHEREAS, SENIOR CITIZENS HAVE LOST THEIR PURCHASING POWER BY AT LEAST 20 PERCENT DURING THE LAST DECADE; MEANWHILE, SOCIAL SECURITY BENEFICIARIES WILL NOT RECEIVE A COST OF LIVING ADJUSTMENT IN 2010 OR 2011, AND FORECASTS INDICATE THAT THERE MAY NOT BE A COST OF LIVING INCREASE FOR YEARS TO COME; AND

WHEREAS, ACCORDING TO THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, IN 2005, OUT OF CALIFORNIA’S TOTAL POPULATION OF 36,957,436, THERE WERE 170,038 DEATHS OF PERSONS 65 YEARS OF AGE AND OLDER; AND

WHEREAS, THE AVERAGE COST OF PURCHASING FUNERAL GOODS AND SERVICES IS BETWEEN $4,000 AND $6,000; AND

WHEREAS, ALLOWING AN INCOME TAX DEDUCTION FOR FUNERAL EXPENSES WOULD BE AN ENORMOUS FINANCIAL BENEFIT TO MANY SENIOR CITIZENS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT TAXPAYERS WHO ARE 65 YEARS OF AGE AND OLDER BE AUTHORIZED TO UP TO $250 AS A CREDIT AGAINST STATE INCOME TAX OR AS A CASH REIMBURSEMENT FOR THOSE WHO ARE NOT SUBJECT TO STATE INCOME TAX FOR THE FUNERAL EXPENSES OF A SPOUSE OR DOMESTIC PARTNER; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 10 13603

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