BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1178 (Portantino)
          
          Hearing Date:  08/12/2010           Amended: 08/05/2010
                                                                            
                                 As proposed to be amended
          Consultant: Mark McKenzie       Policy Vote: Rev&Tax 3-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  AB 1178 would make numerous changes to state tax  
          laws to conform to recent federal tax law changes enacted by  
          recent health care reform legislation (the Patient Protection  
          Affordable Care Act and the Health Care and Education  
          Reconciliation Act of 2010).
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           Grant exclusion: therapeutic      $1,100      $1,400     
          $800General
            discovery project credits

          Exclusion of student loan         $600        $350       
          $350General
            forgiveness: health profs.

          Adoption assistance programs      $2,700      $2,200     
          $800General

          Benefits for adult children       $15,000     $16,000    
          $19,000General

          Archer MSA distributions           ($150)     ($300)     
          ($300)General

          Non-deductability of fee on       ($3,800)    ($12,000)  
          ($14,000)              General
            pharmaceutical companies

          Hospital insurance tax                        ($2,400)  General
            exclusion
          _________________________________________________________________ 
          ___










          Total Net revenue loss $15,450    $7,650      $4,250    General
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          The general purpose of conforming to numerous changes in federal  
          law is to simplify both the preparation of California income tax  
          returns and the administration of state income tax laws.   
          Conformity changes can also have significant impacts on state  
          revenues, and decisions to conform, conform with modifications,  
          or non-conform are often deliberately designed to result in a  
          net revenue loss or to achieve relative revenue neutrality in  
          order to avoid a 2/3 vote of the Legislature as a tax increase.

          In March of 2010, the U.S. Congress enacted, and President Obama  
          signed, comprehensive health care reform legislation: The  
          Patient Protection and Affordable Care Act (PPACA), (Public Law  
          111-148, March 23, 2010); and The Health Care and Education  
          Reconciliation Act of 2010 (HCERA), (Public Law 111-152, March  
          30, 2010).
          Page 2
          AB 1178 (Portantino)

          AB 1178 would conform to the following 14 provisions of the  
          PPACA and the HCERA:


                 (PPACA 9023) Exclusion of grants provided in lieu of a  
               tax credit for a therapeutic discovery project;

                 (PPACA 10908) Exclusion for assistance provided to  
               participants in state student loan repayment programs for  
               certain health professionals;

                 (PPACA 10909) Increase in the exclusion of  
               employer-provided adoption assistance;

                 (PPACA 9021) Exclusion of health benefits provided by  
               Indian tribal governments;

                 (HCERA 1004) Exclusion of income for medical benefits  
               for adult children under the age of 27;

                 (HCERA 1409) Codification of the economic substance  
               doctrine;











                 (PPACA 9003) Revisions to the definition of qualified  
               medicine (prescribed drugs and insulin) for a Health  
               Reimbursement Arrangement (HRA), a Flexible Spending  
               Arrangement (FSA), or an Archer Medical Savings Account  
               (MSA);

                 (PPACA 9004) Increase to the additional tax on  
               distributions from Archer MSAs not used for qualified  
               medical expenses to 12.5 percent.;

                 (PPACA 9008) Denial of a deduction of the annual fee on  
               branded prescription pharmaceutical manufacturers and  
               importers;

                 (PPACA 9022) Nondiscrimination safe harbors for small  
               businesses establishing cafeteria plans;

                 (PPACA 9005, 10902 & HCERA 1403) Limitation on the  
               dollar amount of flexible spending arrangement (FSA)  
               contributions under cafeteria plans;

                 (PPACA 9015) Denial of a deduction of the additional  
               hospital insurance tax imposed on employees;

                 (PPACA 1515) Allows small businesses to have exchange  
               options in their cafeteria plans;

                 (PPACA 10108) Exclusion of the value of free choice  
               vouchers from income.

          Staff notes that full descriptions of each of the conformity  
          items in this bill are included in the Franchise Tax Board's  
          (FTB's) report titled "Summary of March, 2010 Federal Health  
          Care Acts."

          Staff notes that this bill was approved by the Senate Revenue  
          and Taxation Committee on August 11, 2010.  The author agreed to  
          amendments to delete provisions that would: (1) conform to  
          federal tax treatment of Health Savings Accounts, and (2)  
          increase the adjusted gross income threshold for deducting  
          medical expenses.  Due to legislative deadlines, the author  
          committed to taking the amendments in this Committee.