ABLE savings trust accounts; exclusion from determination of state means-tested assistance, etc. (HB1103)

Introduced By

Del. Eileen Filler-Corn (D-Fairfax Station) with support from co-patrons Del. Mark Keam (D-Vienna), and Del. Vivian Watts (D-Annandale)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

ABLE savings trust accounts; exclusion from determination of state means-tested assistance and benefits. Provides that notwithstanding any other provision of state law that requires consideration of one or more financial circumstances of an individual for the purpose of determining (i) the individual's eligibility to receive any assistance or benefit pursuant to such provision of state law or (ii) the amount of any such assistance or benefit that such individual is eligible to receive pursuant to such provision of state law, any (a) moneys in an ABLE savings trust account for which such individual is the beneficiary, including any interest on such moneys, (b) contributions to an ABLE savings trust account for which such individual is the beneficiary, and (c) distribution for qualified disability expenses for such individual from an ABLE savings trust account for which such individual is the beneficiary shall be disregarded for such purpose with respect to any period during which such individual remains the beneficiary of, makes contributions to, or receives distributions for qualified disability expenses from such ABLE savings trust account. Read the Bill »

Status

04/01/2016: signed by governor

History

DateAction
01/13/2016Committee
01/13/2016Prefiled and ordered printed; offered 01/13/16 16101737D
01/13/2016Referred to Committee on Education
01/19/2016Assigned to sub: Higher Education
01/19/2016Assigned Education sub: Higher Education
01/20/2016Impact statement from DPB (HB1103)
01/26/2016Impact statement from DPB (HB1103)
02/02/2016Subcommittee recommends reporting (9-Y 0-N)
02/10/2016Reported from Education (21-Y 1-N) (see vote tally)
02/11/2016Read first time
02/12/2016Read second time and engrossed
02/15/2016Read third time and passed House (93-Y 6-N)
02/15/2016VOTE: PASSAGE (93-Y 6-N) (see vote tally)
02/16/2016Constitutional reading dispensed
02/16/2016Referred to Committee on Education and Health
03/03/2016Reported from Education and Health (13-Y 2-N) (see vote tally)
03/04/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/04/2016Read third time
03/04/2016Passed Senate (36-Y 3-N) (see vote tally)
03/08/2016Enrolled
03/08/2016Bill text as passed House and Senate (HB1103ER)
03/08/2016Impact statement from DPB (HB1103ER)
03/08/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016G Approved by Governor-Chapter 639 (effective 7/1/16)
04/01/2016G Acts of Assembly Chapter text (CHAP0639)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

FOR THE DAY.

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, HOUSE BILL 1090 WILL GO BYE FOR THE DAY.

[Unknown]: HOUSE BILL 1103, A BILL RELATING TO ABLE SAVINGS TRUST ACCOUNTS, EXCLUSION FROM DETERMINATION OF STATE MEANS-TESTED ASSISTANCE, AND BENEFITS. REPORTED FROM THE COMMITTEE ON EDUCATION AND HEALTH. THE SENATOR FROM LYNCHBURG, SENATOR NAUM. MR. PRESIDENT, I MOVE THAT THE BILL PASS AND SPEAKING TO THAT MOTION. THE SENATOR HAS THE FLOOR. MR. PRESIDENT, MANY OF YOU KNOW THAT WE HAVE SET UP THE ABLE PROGRAM TO TRY TO ASSIST THAT'S INDIVIDUALS THAT ARE NA NEED AND THAT IS A TRUST FUND ACCOUNT AND THIS BILL SEEKS TO ENSURE THAT ITEMS THAT MOVE THROUGH THAT ACCOUNT ONES BE PART OF THE MEANS TESTING. CLEARLY THERE ARE FEDERAL RULES ON SOME OF THESE ITEMS AND THIS BILL IS VERY CLEAR THAT IT DOES NOT LAY OUT THOSE -- WILL NOT SET ASIDE THOSE FEDERAL REQUIREMENTS. THE SENATOR FROM SOUTHERN FAIRFAX HAS WORKED ON THIS PROGRAM FOR A GOOD WHILE. MR. PRESIDENT, I WOULD LIKE TO YIELD TO THE SENATOR FROM SOUTHERN FAIRFAX TO CONTINUE THIS DISCUSSION ON THE BILL. THANK YOU, SENATOR. THE SENATOR FROM SOUTHERN FAIRFAX, SENATOR BARKER.

Sen. George Barker (D-Alexandria): YES, MR. PRESIDENT. JUST TO ADD A LITTLE BIT TO WHAT THE SENATOR FROM LINCHG BURG HAS SAID ALREADY. THIS IS A PROGRAM THAT WAS SET UP JUST A JEER OR TWO AGO -- YEAR OR TWO AGO, ALLOWS INDIVIDUALS, FAMILY MEMBERS, PEOPLE WITH INTELLECTUAL AND OTHER DISABILITIES THAT WILL LAST THEIR LIFETIME, TO BE ABLE TO SET UP ACCOUNTS SO THEIR LOVED ONES, FAMILY MEMBERS CAN CONTINUE TO RECEIVE SUPPORT AND SERVICES RELATED TO THE FUNDS IN THAT ACCOUNT AFTER THEY'RE LONG GONE. WHAT THIS DOES IS MAKES SURE THAT IN TERMS OF SETTING UP THESE ACCOUNTS, THAT WE'RE NOT IN EFFECT ANY WAY PROHIBITING PEOPLE IN HIGHER INCOME FROM BEING ABLE TO PARTICIPATE IN THE PROGRAM AND AS THE SENATOR FROM LYNCHBURG SAYS, IT DOESN'T CHANGE FEDERAL TAX RULES OR ANYTHING, BUT IT DOES ALLOW THE ACCOUNTS TO BE OPERATED AND BE ABLE TO HELP PEOPLE LONG AFTER THEIR PARENTS AND OTHERS ARE GONE.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 1103 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. George Barker (D-Alexandria): AYES 36, NOS 3.

[Unknown]: AYES 36, NOS 3.