BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       SJR 31                                       
          S
          AUTHOR:        Alquist                                      
          J
          AMENDED:       As Introduced                                
          R              
          HEARING DATE:  May 5, 2010                                 
          CONSULTANT:                                                 
          3
          Chan-Sawin/                                                 
          1              
                                     SUBJECT
                                         
               Individuals with disabilities: tax exempt accounts

                                     SUMMARY  

          Urges the President and Congress to immediately enact  
          currently proposed federal legislation creating tax-exempt  
          accounts for individuals with developmental disabilities.

                             CHANGES TO EXISTING LAW  

          Existing federal law:
          Provides incentives and subsidies through the tax system  
          for various types of savings plans, such as 529 education  
          savings plans.

          Existing state law:
          Conforms state law with federal law pertaining to  
          tax-deferred 529 education savings plans.
          
          This resolution:
          Urges the President and Congress to immediately enact the  
          Achieving a Better Life Experience Act of 2009 (ABLE Act),  
          proposed in H.R. 1205, which creates tax-exempt accounts  
          for individuals with developmental disabilities.

                                  FISCAL IMPACT  

          This resolution is keyed non-fiscal. 
                                                         Continued---



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                            BACKGROUND AND DISCUSSION  

          According to the author, the ABLE Act would create  
          disability savings accounts for 
          individuals with disabilities and their families, as a way  
          to save for future needs that would accrue interest  
          tax-free.  

          Many parents recognize that their children with  
          developmental disabilities may live for many decades beyond  
          the ability of the parents or other family members to  
          provide financial assistance and support, and are seeking a  
          means to ensure their financial security.  If available,  
          savings in ABLE accounts could be drawn upon for a variety  
          of essential expenses including medical care, education,  
          employment training, housing, transportation, and other  
          life necessities.

          The federal government currently allows families to save  
          for their children's future education needs through 529  
          college tuition savings plans.  However, 529 plans do not  
          meet the needs of families with children with developmental  
          disabilities.  There is currently no savings instrument  
          specific to this population's needs.

          Asset development is one step toward improving economic  
          self-sufficiency, and the federal legislation's focus on  
          encouraging asset development will greatly incentivize  
          people with disabilities to live more productive lives  
          through earning and saving resources for their future.

          The ABLE Act of 2009
          The Achieving a Better Life Experience Act of 2009 (also  
          known as the ABLE Act of 2009) is a bipartisan effort  
          proposed in H.R. 1205 and S. 493.  If enacted, the ABLE Act  
          would authorize the creation of tax-exempt accounts to  
          benefit people with disabilities.  The ABLE Act will enable  
          families and individuals to provide funds for building  
          resources for certain expenses of a beneficiary with  
          disabilities, such as education, housing, transportation,  
          employment support, medical care, life necessities,  
          assistive technology and personal support services, and  
          other government-approved expenses.  There would be no age  
          requirement on beneficiaries.




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          There would be no federal taxation on funds held in an ABLE  
          account.  Individual states would ultimately determine how  
          the funds are treated for state taxation purposes.  Similar  
          types of accounts like college savings and IRAs have been  
          exempted from state taxation.  

          Contributions to the accounts would be made on an after-tax  
          basis, but assets in the account would be allowed to grow  
          tax-free and are protected from being taxed as long as they  
          are used to pay qualified expenses.  Qualified expenses  
          cover a broad range of needs and are flexible enough to be  
          adapted to a beneficiary's unique needs, and include:  

                 Education, including tuition for preschool through  
               post-secondary education, materials, books, supplies,  
               special services, tutors, and special education  
               services;

                 Housing, including mortgage or rent payments,  
               maintenance costs, utility payments, property taxes,  
               and home modifications;

                 Transportation, including vehicle purchase or  
               modification, use of the public transportation system,  
               and moving expenses;

                 Employment support necessary to obtain and maintain  
               employment, including job-related training, assistive  
               technology, and personal assistance supports;
                 Medical care, including premium and out-of-pocket  
               expenses for medical, vision, and dental coverage,  
               rehabilitation services, equipment, therapy, long-term  
               services, and other health related expenses;

                 Life necessities, including clothing,  
               religious/cultural/recreational activities,  
               community-based supports, and supplies and equipment  
               for personal care, communication services and devices;  
               adaptive equipment; assistive technology; personal  
               assistance supports; financial management and  
               administrative services; expenses for oversight,  
               monitoring, or advocacy; funeral and burial expenses;  
               and,





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                 Other approved expenses, as approved through  
               federal regulations. 

          Accounts opened under the ABLE Act are meant to supplement,  
          not supplant benefits from private insurance and  
          means-tested public benefit programs such as the  
          Supplemental Security Income (SSI) program or Medicaid.   
          Savings within the account and distributions from the  
          account would be disregarded in determining eligibility for  
          federally means-tested programs, if funds are spent for  
          qualified expenses.  

          In a manner similar to the treatment of Medicaid trusts,  
          funds remaining in the ABLE account at an individual's  
          death would be used to "pay-back" the state Medicaid  
          program up to the value of services provided by the  
          individual during life.

          529 savings plans
          Federal and state governments provide incentives and  
          subsidies through the tax system for certain types of  
          savings plans.  The federal government invests more than  
          $367 billion a year to subsidize savings for retirement,  
          homeownership and college education.  Savings products such  
          as IRAs, 401(k)s, and 529 savings plans provide tax  
          benefits for targeted investments.  

          Under federal law, Section 529 of the Internal Revenue Code  
          provides tax-exempt status to "qualified tuition programs"  
          (QTPs), commonly referred to as 529 savings plans.  QTPs  
          are programs established and maintained by a state, an  
          agency, or an eligible educational institution to purchase  
          tuition credits or make cash contributions on behalf of  
          designated beneficiaries.  No amount is included in the  
          gross income of a contributor to, or a beneficiary of, a  
          QTP with respect to any distribution from, or earnings  
          under, such a program, except to the extent such  
          distributions exceed qualified higher education expenses.   
          Contributions made to a 529 savings plan are not  
          deductible.  California's 529 savings plan is the Golden  
          State Scholarshare Savings Trust (Scholarshare).

          A unique characteristic of 529 savings plans is that any  
          person, besides the beneficiary, may make contributions.   
          ABLE accounts would also share this characteristic,  




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          allowing families to save for the needs of their loved ones  
          with developmental disabilities.  Currently, there are no  
          tax-benefited savings options available for families to  
          save for the needs of a person with disabilities.  

          Related bills
          SB 323 (Oropeza) authorizes a taxpayer to direct any  
          portion of their personal income tax refunds into a 529  
          savings account.  Held in Assembly Appropriations  
          Committee.
          
          AB 529 (Blumenfield) would, for taxable years beginning on  
          or after January 1, 2010, authorize a deduction under that  
          law for the amount, not to exceed $5,000 or $2,500, as  
          specified, contributed to Scholarshare during the taxable  
          year.   Failed passage in Assembly Revenue and Taxation  
          Committee.
          
          Prior legislation
          SB 643 (Florez) of 2007 would allow a deduction for  
          contributions made by a qualified taxpayer to a QTP and  
          require the board overseeing Scholarshare to make a  
          one-time contribution to certain qualified tuition  
          programs.  Failed passage in Senate Revenue and Taxation  
          Committee.

          AB 819 (Runner) of 2007 was similar to SB 643 (Florez) of  
          2007 in regard to allowing a deduction for contributions  
          made by a qualified taxpayer to certain QTPs.  Failed  
          passage in Assembly Revenue and Taxation Committee.
          
          SB 30 (Speier) of 2005 was similar to this bill in regard  
          to allowing qualified taxpayers a deduction for  
          contributions made to a QTP.  Failed passage in Senate  
          Revenue and Taxation Committee.  

          AB 3 (Blakeslee) of 2005 was similar to this bill in regard  
          to allowing qualified taxpayers a deduction for  
          contributions made to a QTP. Failed passage in Assembly  
          Revenue and Taxation Committee.

          AJR 6 (Canciamilla), Resolution Chapter 121, Statutes of  
          2002, urges the President and Congress to enact legislation  
          similar to the Retirement Security and Savings Act of 2000,  
          which would have raised contribution limits and expanded  




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          pension portability among various types of governmental  
          retirement savings plans.

          SB 1262 (O'Connell), Chapter 664, Statutes of 1999, made a  
          number of technical changes to Scholarshare, including  
          making the Scholarshare Investment Board responsible for  
          administering the program instead of the Student Aid  
          Commission. 

          AB 2797 (Cardoza), Chapter 322, Statutes of 1998, allows,  
          by direct conformity to the federal provisions, an  
          exemption from state taxation and tax-deferred treatment  
          for contributions to and earnings from any state's  
          qualified state tuition program. 

                                     COMMENTS
           
          Proposed technical and clarifying amendments:  

          1.Page 1, after the title, strikeout "Introduced by Senator  
            Alquist" and replace with "Introduced by Senators Pavley  
            and Alquist"

          2.Page 1, line 4, delete "H.R. 1205,"

          3.Page 1, line 5, insert after first comma "proposed in  
            H.R. 1205 and S. 493"
                                         


                                   POSITIONS  

          Arguments in support
          The resolution's co-sponsors, the Alliance of Autism  
          Organizations, an association of 44 non-profit autism  
          groups throughout California, and the Association of  
          Regional Center Agencies, write in support, stating that  
          the federal legislation is important to improving the lives  
          of people with developmental disabilities. 
          
          Support: Alliance of Autism Organizations (co-sponsor)
                 Association of Regional Center Agencies (co-sponsor)

          Oppose: None received





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