BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 449


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          449 (Irwin) - As Amended May 5, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill establishes a state Achieving a Better Life Experience  
          (ABLE) program, and generally conforms the personal income tax  
          and corporation tax laws to the federal tax treatment of ABLE  
          accounts.  The ABLE program allows people to make contributions  
          to an ABLE account for the purpose of paying certain disability  
          expenses on behalf of eligible persons, based on blindness or  
          disability under the federal Social Security Act, and provides  
          that money in an ABLE account does not count towards determining  
          eligibility for state and local means-tested programs.


          The bill requires the Treasurer to administer the ABLE program,  








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          ensuring compliance with federal ABLE Act requirements, and  
          remains in effect for taxable years beginning on or after  
          January 1, 2016, and before January 1, 2021.


          FISCAL EFFECT:


          1)Administrative costs of approximately $330,000 to the  
            Treasurer to administer the program; potentially significant  
            administrative costs to the Franchise Tax Board.


          2)Estimated GF revenue decreases of approximately $900,000 per  
            fiscal year once the program becomes fully implemented.


          COMMENTS:


          1)Purpose.  According to the author, many people with  
            disabilities and their families depend on a variety of public  
            benefits for income, health care, food, and housing.  There  
            are strict eligibility requirements for many of these  
            benefits.  For example, Supplemental Security Income/State  
            Supplementary Payment does not allow recipients to hold more  
            than $2,000 in assets.  As a result, disabled individuals on  
            public benefits are discouraged from working and saving, as  
            they cannot remain eligible if they save more than the means  
            test allows.


          2)ABLE Accounts.  The federal ABLE Act is designed to recognize  
            the significant costs of living with a disability, including  
            raising children with disabilities or caring for adults with  
            disabilities.  Eligible individuals and families can establish  
            and fund ABLE savings accounts with up to $100,000 without  
            jeopardizing their eligibility for public benefits.  The ABLE  
            accounts are administered like federal 529 college savings  








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            accounts, and funds saved can be used only for  
            disability-related expenses.  If the account value exceeds  
            $100,000, federal benefits are suspended. 


            This bill provides access to federally-recognized ABLE  
            accounts to eligible individuals with disabilities and  
            provides similar shielding from state benefit eligibility  
            tests.  The program is administered by the Treasurer, who also  
            administers 529 college savings accounts.


          3)A Big Help.  The new federal ABLE program provides disabled  
            individuals and their families with a few key benefits.  The  
            program effectively eliminates the asset tests for many of  
            means-tested federal benefits, excluding up to $100,000 from  
            the qualification standard.  The ABLE program also provides a  
            useful alternative to more expensive and complicated special  
            needs trusts, the only previous structure that could shield  
            assets from the federal means test. 


            Similar to 529 accounts, interest and income earned on funds  
            in ABLE accounts, as well as distributions for qualifying  
            disability expenses, are not taxed.  Unlike 529 accounts,  
            however, ABLE accounts are likely to be used to cover  
            immediate expenses such as health care and housing.  Most  
            funds deposited in 529 accounts remain for years, earning  
            significant tax-free income that will be used to pay for  
            college.  Tax-free growth in ABLE accounts will not provide a  
            similar benefit unless the funds can be saved for long periods  
            of time.















                                                                     AB 449


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          Analysis Prepared by:Joel Tashjian / APPR. / (916)  
          319-2081