BILL NUMBER: AB 449	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly Member Irwin
   (Principal coauthor: Assembly Member Wilk)
   (Principal coauthor: Senator  Pavley   Pavley
 )
   (Coauthors: Assembly Members  Baker,  Brown, Chávez, 
Cristina Garcia,   Jones,  Maienschein, Steinorth, and
Waldron)
   (Coauthors: Senators Allen, Anderson, and Vidak)

                        FEBRUARY 23, 2015

   An act to add  and repeal  Sections 17140.4 and 23711.4
 to   of  the Revenue and Taxation Code,
and to add  and repeal  Chapter 15 (commencing with Section
4875)  to   of  Division 4.5 of the Welfare
and Institutions Code, relating to taxation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 449, as amended, Irwin. Income taxation: savings plans:
Qualified ABLE Program.
   The Personal Income Tax Law and the Corporation  Income
 Tax Law, in specified conformity with federal income tax
laws regarding qualified tuition programs, provide that distributions
from a qualified tuition program are generally not included in the
income of the donor or the beneficiary, as specified.
   Existing federal law, the Stephen Beck Jr., Achieving a Better
Life Experience Act of 2014  (ABLE) Act,   (ABLE
Act),  for taxable years beginning on or after January 1, 2015,
encourages and assists individuals and families to save private
funds for the purpose of supporting persons with disabilities to
maintain their health, independence, and quality of life by excluding
from gross income distributions used for qualified disability
expenses by a beneficiary of a  qualified  
Qualified  ABLE  program   Program 
established and maintained by a state, as specified.
   This bill  would   would, for taxable years
beginning on or after January 1, 2016, and before January 1, 2021,
 conform to these federal income tax law provisions relating to
the ABLE Act under the Personal Income Tax Law and the Corporation
 Income  Tax Law, as provided. The bill would also
establish in state government a  qualified  
Qualified  ABLE  program   Program 
and the Qualified ABLE Fund for purposes of implementing the federal
ABLE Act. The bill would require the Treasurer to administer the
program in compliance with the requirements of the federal ABLE Act.
 This bill would repeal the Qualified ABLE Program as of January
1, 2022. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to further the
purposes of the federal Stephen Beck Jr., Achieving a Better Life
Experience Act to ensure that people with disabilities may save for
the future to achieve greater independence.
  SEC. 2.  This act shall be known, and may be cited, as the
California Achieving a Better Life Experience Act.
  SEC. 3.  Section 17140.4 is added to the Revenue and Taxation Code,
to read:
   17140.4.   For taxable years beginning on or after January 1,
2016, and before January 1, 2021,  Section 529A of the Internal
Revenue Code, relating to qualified ABLE programs,  as
enacted by Section 102 of   added by Section 102 of
Division B of  Public Law 113-295, shall apply, except as
otherwise provided.
   (a) Section 529A of the Internal Revenue Code is modified as
follows:
   (1) By substituting the phrase "under this part and Part 11
(commencing with Section 23001)" in lieu of the phrase "under this
subtitle."
   (2) By substituting "Article 2 (commencing with Section 23731)" in
lieu of "Section 511."
   (b) A copy of the report required to be filed with the Secretary
of the Treasury under Section  529A(g) of the Internal
Revenue Code   529A(d) of the Internal Revenue Code,
relating to reports,  shall be filed with the Franchise Tax
Board at the same time and in the same manner as specified in that
section. 
   (c) This section shall remain in effect only until December 1,
2021, and as of that date is repealed. 
  SEC. 4.  Section 23711.4 is added to the Revenue and Taxation Code,
to read:
   23711.4.   For taxable years beginning on or after January 1,
2016, and before January 1, 2021,  Section 529A of the Internal
Revenue Code, relating to qualified ABLE programs,  as
enacted by Section 102 of   added by Section 102 of
Division B of  Public Law 113-295, shall apply, except as
otherwise provided.
   (a) Section 529A of the internal Revenue Code is modified as
follows:
   (1) By substituting the phrase "under Part 10 (commencing with
Section 17001) and this part" in lieu of the phrase "under this
subtitle."
   (2) By substituting "Article 2 (commencing with Section 23731)" in
lieu of "Section 511."
   (b) A copy of the report required to be filed with the Secretary
of the Treasury under Section  529A(g) of the Internal
Revenue Code   529A(d) of the Internal revenue Code,
relating to reports  shall be filed with the Franchise Tax Board
at the same time and in the same manner as specified in that
section. 
   (c) This section shall remain in effect only until December 1,
2021, and as of that date is repealed. 
  SEC. 5.  Chapter 15 (commencing with Section 4875) is added to
Division 4.5 of the Welfare and Institutions Code, to read:
      CHAPTER 15.  QUALIFIED ABLE PROGRAM


   4875.  For purposes of this chapter:
   (a) "ABLE account" or "account" means the account an eligible
individual makes contributions to pursuant to this chapter for the
purpose of meeting the qualified disability expenses of the
designated beneficiary of the account.
   (b) "ABLE  fund"   Fund"  or "fund"
means the fund established by this chapter for purposes of
implementing the federal ABLE Act.
   (c) "Designated beneficiary" means the eligible individual who
established an ABLE account and is the owner of the account.
   (d) "Eligible individual" means an individual who is eligible
under the program for a taxable year if during that taxable year both
of the following criteria are met:
   (1) The individual is entitled to benefits based on blindness or
disability under Title II or XVI of the federal Social Security Act,
and that blindness or disability occurred before the date on which
the individual attained 26 years of age.
   (2) A disability certification, as defined in the federal ABLE
Act, with respect to the individual is filed pursuant to the
requirements set forth in the federal ABLE Act.
   (e) "Federal ABLE Act" means the federal Stephen Beck Jr.,
Achieving a Better Life Experience Act of 2014.
   (f) "Qualified ABLE  program"   Program"
 or "program" means the program established by this chapter to
implement the federal ABLE act pursuant to Section 529A of the
Internal Revenue Code.
   (g) "Qualified disability expenses" means any expenses related to
the eligible individual's blindness or disability that are made for
the benefit of an eligible individual who is the designated
beneficiary, including expenses related to education, housing,
transportation, employment training and support, assistive technology
and personal support services, health, prevention and wellness,
financial management and administrative services, legal fees,
expenses for oversight and monitoring, funeral and burial expenses,
and other expenses, which are approved by the Secretary of the
Treasury under regulations and consistent with the purposes of the
federal ABLE Act.
   4876.  (a) There is hereby established in state government a
 qualified ABLE program   Qualified ABLE Program
 and the Qualified ABLE Fund for purposes of implementing the
federal ABLE Act pursuant to Section 529A of the Internal Revenue
Code.
   (b) The  qualified ABLE program   Qualified
ABLE Program  shall be administered by the Treasurer, who shall
be responsible for ensuring that the program is administered in
compliance with the requirements of the federal ABLE Act.
   4877.  Under the program, a person may make contributions for a
taxable year, for the benefit of an individual who is an eligible
individual for that taxable year, to an ABLE account that is
established for the purpose of meeting the qualified disability
expenses of the designated beneficiary of the account, if both of the
following criteria are met:
   (a) The designated beneficiary is limited to one ABLE account for
purposes of this chapter.
   (b) The ABLE account is established only for a designated
beneficiary who is a resident of this state.
   4878.  Notwithstanding any other law,  money in an ABLE
account   moneys in, contributions to, and any
distribution for qualified disability expenses from, an ABLE account,
not to exceed one hundred thousand dollars ($100,000),  shall
not count  towards   toward  determining
eligibility for a state or local means-tested program.
   4879.  (a) The Treasurer may adopt regulations to implement this
chapter.
   (b) The Treasurer shall adopt regulations to track all ABLE
accounts in California. 
   4880.  This chapter shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.