BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 1553                          |Hearing    |6/15/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Irwin                            |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/29/16                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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                        Savings plans:  qualified ABLE program



          Changes the state's implementation of Achieving a Better Life  
          Accounts.


           Background 

           California law does not automatically conform to changes to  
          federal tax law, except for specific retirement provisions.   
          Instead, the Legislature must affirmatively conform to federal  
          changes.  Conformity legislation is introduced either as  
          individual tax bills to conform to specific federal changes,  
          like the Mortgage Debt Forgiveness Relief Act (AB 1393, Perea,  
          2014), or as one omnibus bill that provides that state law  
          conforms to federal law as of a specified date, currently  
          January 1, 2015 (AB 154, Ting, 2010).  

          On December 19, 2014, President Obama signed the Stephen Beck,  
          Jr., Achieving a Better Life Experience Act of 2014 (ABLE),  
          which allows individuals who became blind or disabled before  
          reaching age 26 to create tax-free savings accounts.  ABLE  
          accounts generally follow the same rules as educations savings  
          accounts allowed by Section 529 of the Internal Revenue Code  
          (529s): individuals can make nondeductible cash contributions to  
          an ABLE account in the name of a specified beneficiary, and  
          earnings can grow tax free.  ABLE account distributions are also  
          not included in the beneficiary's income so long as they're used  







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          for qualified services for the beneficiary, and distributions  
          don't exceed the cost of the qualified services.  The ABLE Act  
          directed states to establish one ABLE account for each  
          beneficiary who is a resident of the state.  The ABLE Act  
          additionally directed the Internal Revenue Service (IRS) to  
          issue regulations to implement the program to guide states as  
          they enact legislation creating ABLE accounts.  IRS has since  
          issued proposed regulations, updated them, and issued  
          Publication 907: Tax Highlights for Persons with Disabilities,  
          which details ABLE accounts.  

          Last year, the Legislature enacted two complementary bills to  
          comprehensively implement ABLE accounts in California, which  
          created the ABLE trust with specified powers, as well as an ABLE  
          board with specified membership within the State Treasurer's  
          Office to administer the program, among other measures (SB 324,  
          Pavley, and AB 449, Irwin).  The ABLE Act Board has not yet  
          formally met, and doesn't have dedicated staff, but the 2016-17  
          Governor's Budget proposed an $850,000 loan from the General  
          Fund to cover the program's startup costs, which Senate Budget  
          Subcommittee #4 recently approved.  California along with other  
          states find themselves at different points in the process of  
          implementing the ABLE Act: Ohio became the first state to  
          implement ABLE accounts on June 2nd, with Iowa, Nebraska, and  
          Florida likely to follow soon.  With California getting ready to  
          implement ABLE accounts, the State Treasurer's Office wants to  
          change two sections of law implementing the ABLE Act in the  
          state.

          Beneficiary Eligibility.  When the Legislature enacted the two  
          bills, they required that to be eligible, a beneficiary must be  
          entitled to benefits based on blindness and disability under the  
          Social Security Act, with onset before 26 years of age, and have  
          a disability certificate filed pursuant to ABLE Act  
          requirements.  However, responding to comments on the proposed  
          regulations, updated Internal Revenue Service guidance now also  
          allows a beneficiary to qualify on the basis of a certification,  
          signed under penalties of perjury, that the individual has a  
          condition that meets all of the required elements, and that a  
          diagnosis signed by a physician regarding the relevant  
          impairment or impairments have been obtained.

          Contracting.  AB 449 allowed the ABLE Act Trust to enter into  








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          contracts necessary for the administration of the ABLE program  
          trust, and engage personnel, including consultants, actuaries,  
          managers, counsel, and auditors, as necessary for the purpose of  
          rendering professional, managerial, and technical assistance and  
          advice.


           Proposed Law

           Assembly Bill 1553 makes the following changes to the state's  
          ABLE Act conformity laws as enacted by SB 324 and AB 449:

                 Modifies the eligibility definition to allow an  
               individual to qualify as a beneficiary who either:

                  o         Is entitled to benefits based on blindness or  
                    disability under the Social Security Act, and that  
                    blindness or disability occurred before the individual  
                    reached age 26.

                  o         Has filed a disability certification, as  
                    defined in the federal ABLE Act, pursuant to the  
                    requirements set forth in the federal ABLE Act.

                 Allows the ABLE Act Board to enter into a multistate  
               contract with an account servicer to implement the program,

                 Allows the ABLE Act Board to enter into a long-term  
               contract with an account servicer to recoup costs from  
               administering ABLE accounts in the first years of  
               administration, and  

                 Exempts contracts listed above from provisions of the  
               Public Contract Code that precludes contractors who have  
               been awarded consulting services contracts from submitting  
               bids and being awarded contracts  for providing services,  
               procuring goods or supplies, or any other related action  
               which is required, suggested, or otherwise deemed  
               appropriate in the end product of the consulting services  
               contract.

          The measure also makes technical and grammatical changes.  









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           State Revenue Impact

           No estimate.  


           Comments

           1.  Purpose of the bill  .  According to the author, "The  
          California ABLE Act as signed into law by Governor Brown in late  
          2015 will provide people with disabilities a critical service by  
          allowing them to save money for the future without jeopardizing  
          their disability benefits.  The State Treasurer and ABLE Act  
          Board have requested the authority to enter into a multistate,  
          long-term contract with an account service provider in order to  
          successfully implement the ABLE Act in a cost-effective manner.   
          Current statute does not give them this authority. AB 1553 is  
          cleanup language that will allow the successful and effective  
          implementation of AB 449 (Irwin 2015) and SB 324 (Pavley 2015)."

          2.   Account servicing  .  TIAA-CREF Tuition Financing, Inc.  
          currently manages the state's Scholarshare program, along with  
          ten other distinct state-sponsored 529 college savings plans.   
          ABLE accounts provide similar preferential tax treatment as  
          Scholarshare accounts; however, investments may not grow as much  
          as under Scholarshare because distributions support immediate  
          and ongoing expenses for an individual with disabilities.   
          Scholarshare will also likely have more enrollees than ABLE  
          accounts.  Accordingly, the State Treasurer believes that  
          entering into a multistate consortium for administration of ABLE  
          accounts may help minimize implementation costs.  Other states'  
          implementation strategies vary: Nebraska and Iowa will likely  
          manage accounts for beneficiaries who aren't located in their  
          states, but Florida's program only applies to its residents.   
          Ohio manages accounts for both residents and nonresidents, but  
          charges non-Ohioans higher fees.

          3.   Necessary  ?  AB 449 authorized the ABLE Act trust to make and  
          enter into contracts necessary for the administration of the  
          ABLE program trust, and engage personnel, including consultants,  
          actuaries, managers, counsel, and auditors, as necessary for the  
          purpose of rendering professional, managerial, and technical  
          assistance and advice.  As such, it's unclear whether AB 1553  








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          contract authorizations are necessary beyond the bill's  
          disconnection of Public Contract Code provisions that generally  
          prohibits a consultant from bidding on or being awarded a  
          follow-on contract based on the product of a previous contract  
          by that consultant.  The Committee may wish to consider whether  
          AB 1553's contract authorizations are needed.

          4.   Technical  .  As currently drafted, AB 449 may allow an  
          individual whose blindness or disability had onset after age 26  
          to qualify as an ABLE Act beneficiary.  If this is the case,  
          then Committee staff recommends a technical amendment ensuring  
          that this requirement applies.


           Assembly Actions

           Assembly Revenue and Taxation             9-0
          Assembly Appropriations                 19-0
          Assembly Floor                          79-0


           Support and  
          Opposition   (6/9/16)


           Support  :  State Treasurer John Chiang, The Arc and United  
          Cerebral Palsy, Financial Services Institute, State Council on  
          Developmental Disabilities. 


           Opposition  :  None received.



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