BILL NUMBER: SJR 31 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 54
FILED WITH SECRETARY OF STATE JULY 6, 2010
ADOPTED IN SENATE JUNE 28, 2010
ADOPTED IN ASSEMBLY JUNE 21, 2010
AMENDED IN ASSEMBLY JUNE 7, 2010
AMENDED IN SENATE MAY 11, 2010
INTRODUCED BY Senators Pavley and Alquist
(Coauthors: Senators Correa, DeSaulnier, Leno, Liu, Steinberg, and
Strickland)
APRIL 27, 2010
Relative to persons with disabilities.
LEGISLATIVE COUNSEL'S DIGEST
SJR 31, Pavley. Individuals with disabilities: tax exempt
accounts.
This measure would urge the President and the Congress of the
United States to immediately enact the Achieving a Better Life
Experience Act of 2009.
WHEREAS, Many families are searching for a way to plan for the
future of a child with developmental disabilities, which are costly
to society and to families; and
WHEREAS, The Achieving a Better Life Experience Act of 2009 (ABLE
Act), proposed in H.R. 1205 and S. 493 currently debated by Congress,
would create disability savings accounts for individuals with
developmental or other disabilities and their families, as a way to
save for future needs that could accrue interest tax free; and
WHEREAS, The ABLE Act would give individuals with developmental or
other disabilities and their families an option for saving for their
future financial needs in a way that supports their unique situation
and makes it more feasible to live full and productive lives in
their communities; and
WHEREAS, While many families are currently able to save for the
educational needs of children through "529" college tuition plans,
these plans do not fit the needs of children with developmental or
other disabilities; and
WHEREAS, Many families recognize that loved ones with
developmental or other disabilities may live for many decades beyond
the ability of the parents or other family members to provide
financial assistance and support; and
WHEREAS, Many families also want to ensure the financial security
of family members who have the level of disability required for
Medicaid eligibility, but for now, are managing to function without
the use of those benefits and state resources; and
WHEREAS, The ABLE Act would create a savings fund for those with
developmental or other disabilities that could be drawn upon for a
variety of essential expenses, including medical and dental care,
education and employment training and support, assistive technology,
housing and transportation, personal support services, and other
expenses for life necessities; and
WHEREAS, Savings accounts opened under the ABLE Act would provide
substantial flexibility to meet the specific needs of the individual,
with a broad array of allowable expenses and no age limitations so
that these funds can be used whenever they are needed; and
WHEREAS, The flexibility in expenses would also allow families to
save with confidence even though they cannot always predict how
independent their child will become; now, therefore, be it
Resolved by the Senate and the Assembly of the State of
California, jointly, That the California State Legislature urges the
President and the Congress of the United States to immediately enact
the Achieving a Better Life Experience Act of 2009 (ABLE Act); and be
it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the President pro Tempore of the United States Senate, to the
Speaker of the House of Representatives, to each Senator and
Representative from California in the Congress of the United States,
and to the author for appropriate distribution.