BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 324|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 324
          Author:   Pavley (D), et al.
          Amended:  9/4/15  
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 4/8/15
           AYES:  Hertzberg, Nguyen, Bates, Beall, Hernandez, Lara, Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  40-0, 6/1/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,  
            Stone, Vidak, Wieckowski, Wolk

           ASSEMBLY FLOOR:  79-0, 9/8/15 - See last page for vote

           SUBJECT:   Income taxation: savings plans: Qualified ABLE  
                     Program


          SOURCE:    Author
          
          DIGEST:   This bill partially conforms state law to the recently  
          enacted Stephen Beck, Jr., Achieving a Better Life Experience  
          Act of 2014 (ABLE Act).

          Assembly Amendments create the ABLE Act Board, specify its  
          membership, add provisions necessary for the State Treasurer to  
          implement this bill, and delete items currently in AB 449  
          (Irwin) to resolve conflicts.  








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          ANALYSIS:

          Existing law:

          1)Does not automatically conform to changes to federal tax law,  
            except for specific retirement provisions.


          2)Conforms to federal law as of a specified date, currently  
            January 1, 2009.


          3)Conforms with modifications to educations savings accounts  
            authorized by Section 529 of the Internal Revenue Code (529s),  
            and directs the State Treasurer's Office to implement  
            California's 529 program, currently known as "ScholarShare."


          4)Does not conform to the ABLE Act, which allows individuals who  
            became blind or disabled before reaching 26 years of age to  
            create tax-free savings accounts similar to 529s.


          5)Applies income and asset tests for some programs allowing  
            disabled individuals to receive Medi-Cal benefits.


          This bill:

          1)Enacts the California Achieving a Better Life Experience Act,  
            which conforms the Personal Income Tax Law to the ABLE Act,  
            thereby allowing the creation of ABLE accounts in California  
            and ensuring that ABLE account earnings and distributions for  
            qualified services are not included in the eligible  
            individual's income for state tax purposes.


          2)Creates the California ABLE Act Board (Board), consisting of  
            the following, or their designees:










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             a)   The State Treasurer, as Chair,
             b)   The Director of Finance,
             c)   The State Controller,
             d)   The Director of Developmental Services,
             e)   The Chairperson of the State Council on Developmental  
               Disabilities,
             f)   The Director of Rehabilitation, and
             g)   The Chair of the State Independent Living Council.

          3)Allows persons to make contributions for a taxable year, for  
            the benefit of eligible individuals, to an ABLE account  
            established for the purpose of meeting that person's qualified  
            disability expenses.


             a)   Limits accounts to one per individual,


             b)   Allows accounts only for residents of the state,


             c)   Requires contributions to be in cash, 


             d)   Limits total contributions to a single account for a  
               taxable year at an amount less than the threshold for  
               taxable gifts under federal law ($14,000 in 2015), and


             e)   Provides that the eligible individual retains ownership  
               of all contributions in the account, deems any interest  
               derived from the investments as held in the ABLE program  
               trust for the beneficiary's benefit, and prohibits  
               contributions and interest from being pledged as loan  
               collateral.


          4)Requires the Board to:












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             a)   Report to the Franchise Tax Board (FTB) any distribution  
               to any individual with respect to an interest in an ABLE  
               account in a time and manner as required by FTB.


             b)   Report specified information to each designated  
               beneficiary.


             c)   Provide a means for designated beneficiaries to express  
               concerns, or comments regarding the ABLE program trust as  
               well as any other information.


          5)Defines several terms, including:


             a)   "Eligible individual" as an individual who is blind or  
               disabled,                                                    
               with onset before 26 years of age.  The individual must be  
               entitled to Social Security Disability Insurance benefits,  
               or have a disability certificate on file with the Internal  
               Revenue Service.  


             b)   "Qualified services" include education, housing,  
               transportation, employment training and support, assistive  
               technology and personal support services, health,  
               prevention, and wellness, financial management and  
               administrative services, legal fees, oversight and  
               monitoring, and funeral and burial services.


          6)States that its provisions shall be liberally construed to  
            effectuate its intent.


          7)Provides that its provisions only go into effect should AB 449  
            (Irwin) also be enacted.


          Background








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          On December 19, 2014, President Obama signed the ABLE Act, 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 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 for qualified  
          services for the beneficiary and distributions don't exceed the  
          cost of those services.  

          The ABLE Act directs states to establish one ABLE account for  
          each beneficiary who is a resident of the state.  The ABLE Act  
          additionally directs the IRS to issue regulations by June 19,  
          2015, to implement the program to guide states as they enact  
          legislation creating ABLE accounts.  AB 449 implements the ABLE  
          Act in California, and directs the State Treasurer to administer  
          ABLE accounts on behalf of qualified Californians.

          Related Legislation
          
          Currently, AB 449 (Irwin) contains provisions recently amended  
          out of SB 324, so should these two complementary measures be  
          enacted, California will have a comprehensive statute conforming  
          to the ABLE Act.  AB 449 is currently pending action on the  
          Senate Floor.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Assembly Appropriations Committee, SB 324  
          results in a General Fund revenue loss of $100,000 in 2015-16,  
          $400,000 in 2016-17, and $900,000 in 2017-18.  FTB would incur  
          minor costs to implement its provisions of this bill, while the  
          Treasurer's Office would incur one-time costs of $500,000, and  
          ongoing costs of approximately $330,000 annually.


          SUPPORT:   (Verified9/8/15)










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          State Treasurer John Chiang
          Association of Regional Center Agencies
          Autism Speaks
          California Association for Health Services at Home
          California Disability Services Association
          California Taxpayers Association
          Center for Autism and Related Disorders
          Down Syndrome Society of Orange County
          National Down Syndrome Society
          The Arc and United Cerebral Palsy


          OPPOSITION:   (Verified9/8/15)


          None received


          ARGUMENTS IN SUPPORT:  According to the author, "SB 324  
          establishes an ABLE Act program, within the State Treasurer's  
          office, that will provide financial tools for individuals with  
          disabilities.  The measure also ensures that these ABLE savings  
          accounts are tax free.  This new program will ensure that  
          individuals with developmental disabilities and their families  
          will be able to save without fear of losing eligibility for  
          public assistance programs."


           ASSEMBLY FLOOR:  79-0, 9/8/15
           AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED:  Chávez








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          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          9/8/15 21:55:26


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