California 2019-2020 Regular Session Status: Passed Senate

SB 810 — Retirement savings.

Last action — From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law, the California Secure Choice Retirement Savings Trust Act, establishes the CalSavers Retirement Savings Program and the California Secure Choice Retirement Savings Trust, a trust consisting of a program fund and an administrative fund with trust moneys that are continuously appropriated and administered by the California Secure Choice Retirement Savings Investment Board. Existing law requires the Treasurer, on behalf of the board, to appoint an executive director who is not a member of the board and who serves at its pleasure. Existing law requires eligible employers to offer a payroll deposit retirement savings arrangement so that eligible employees may contribute a portion of their salary or wages to a retirement savings program account in the program, as specified. Existing law requires the board to take various actions upon implementation of the program and, for up to 3 years following its initial implementation of the program, requires the board to establish managed accounts invested in United States Treasuries, myRAs, or similar investments. Existing law states that the program is implemented as of January 1, 2017. This bill would rename the California Secure Choice Retirement Savings Trust Act as the CalSavers Retirement Savings Trust Act, the body that administers the act as the CalSavers Retirement Savings Board, and would make conforming changes in this regard. The bill would make various changes in the act to reflect that it has been implemented, including eliminating the requirement to establish managed accounts invested in United States Treasuries, myRAs, or similar investments described above. The bill would authorize the board to delegate rulemaking authority to its executive director. The bill would authorize an employee to opt out of participation in the program by telephone and would eliminate a condition relating to contribution amounts that depends on the length of time that an employee has contributed to the program. The bill would grant the board the power to administer the enforcement of employer compliance, including the power to impose specified penalties on employers who fail to allow eligible employees to participate in the program, subject to an appeals and collections process administered by the Franchise Tax Board, as specified below. (2) Existing law authorizes the collection of various debts by the Franchise Tax Board, including fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, and other amounts imposed by state courts and delinquent tax debt due. Existing law, the Financial Information System for California (FI$Cal) Act, establishes the FI$Cal system, a single integrated financial management system for the state. This bill would authorize penalties imposed on an employer under the CalSavers Retirement Savers Program for failure to comply with the program to be referred by the CalSavers Retirement Savings Board to the Franchise Tax Board (FTB) for collection under guidelines prescribed by the FTB. The bill would require the FTB to establish criteria, including a minimum dollar amount subject to referral and collection. The bill, upon written notice to a noncompliant employer, would treat amounts referred to the FTB as final and payable and would authorize the amounts to be collected from the eligible employer by the FTB in any manner authorized for collection of a delinquent income tax liability, except as specified. The bill would establish specified administrative procedures, including an appeals process. The bill would require amounts collected by the FTB to be transmitted to the CalSavers Retirement Savings Board for deposit in the CalSavers Retirement Savings Trust or remitted by means of the Fi$Cal system. By authorizing amounts collected by the FTB to be transferred to the board for deposit into the CalSavers Retirement Savings Trust, a continuously appropriated trust, the bill would make an appropriation. Existing law makes it a misdemeanor, except as specified, for the FTB or any deputy, agent, clerk, or other officer or employee of the state who has access to returns, reports, or documents filed under the franchise and income tax laws to disclose information regarding income or particulars from those documents. This bill, notwithstanding that provision, would authorize the FTB to disclose information to the CalSavers Retirement Savings Board to facilitate the collection of amounts due and the appeals of the determination of the board, as specified. (3) Existing law grants the Employment Development Department (EDD) the power to administer enforcement of employer compliance with the CalSavers Retirement Savings Program. Existing law requires EDD to assess a penalty on any eligible employer that fails to make the program available to employees. Existing law makes these provisions operative when the board notifies the Director of Employment Development that enforcement should proceed and the board and the Director of Employment Development agree to a reasonable implementation timeline. This bill would repeal the above provisions. (4) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial, medicinal, and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Food and Agriculture, the State Department of Public Health, and the Bureau of Cannabis Control, which are generally referred to as licensing authorities. This bill would require the licensing authorities described above to provide specified information regarding licensees to the CalSavers Retirement Savings Board upon request by the board. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  2. Referred to Com. on BUDGET.

  3. In Assembly. Read first time. Held at Desk.

  4. Read third time. Passed. (Ayes 29. Noes 11. Page 3735.) Ordered to the Assembly.

  5. Read second time. Ordered to third reading.

  6. Ordered to second reading.

  7. Withdrawn from committee. (Ayes 28. Noes 10. Page 3366.)

  8. Referred to Com. on B. & F.R.

  9. Read first time.

  10. From printer. May be acted upon on or after February 12.

  11. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading SB810 B. & F.R.

Passed 29 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19800
Democratic 10000
Republican 0300
Total 291100
% of votes cast 73%28%0%0%
How each member voted (40)
Member Party Vote
Leyva — Yea
Atkins — Yea
Skinner — Yea
Allen — Yea
Dodd — Yea
Hertzberg — Yea
Glazer — Yea
Roth — Yea
Rubio — Yea
Hill — Yea
Mitchell — Yea
Pan — Yea
Beall — Yea
Wieckowski — Yea
Monning — Yea
Galgiani — Yea
Portantino — Yea
Bradford — Yea
Hueso — Yea
Morrell — Nay
Chang — Nay
Nielsen — Nay
Wilk — Nay
Moorlach — Nay
Bates — Nay
Melendez — Nay
Borgeas — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

finance labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 810 do?
(1) Existing law, the California Secure Choice Retirement Savings Trust Act, establishes the CalSavers Retirement Savings Program and the California Secure Choice Retirement Savings Trust, a trust consisting of a program fund and an administrative fund with trust moneys that are continuously appropriated and administered by the California Secure Choice Retirement Savings Investment Board. Existing law requires the Treasurer, on behalf of the board, to appoint an executive director who is not a member of the board and who serves at its pleasure. Existing law requires eligible employers to offer a payroll deposit retirement savings arrangement so that eligible employees may contribute a portion of their salary or wages to a retirement savings program account in the program, as specified. Existing law requires the board to take various actions upon implementation of the program and, for up to 3 years following its initial implementation of the program, requires the board to establish managed accounts invested in United States Treasuries, myRAs, or similar investments. Existing law states that the program is implemented as of January 1, 2017. This bill would rename the California Secure Choice Retirement Savings Trust Act as the CalSavers Retirement Savings Trust Act, the body that administers the act as the CalSavers Retirement Savings Board, and would make conforming changes in this regard. The bill would make various changes in the act to reflect that it has been implemented, including eliminating the requirement to establish managed accounts invested in United States Treasuries, myRAs, or similar investments described above. The bill would authorize the board to delegate rulemaking authority to its executive director. The bill would authorize an employee to opt out of participation in the program by telephone and would eliminate a condition relating to contribution amounts that depends on the length of time that an employee has contributed to the program. The bill would grant the board the power to administer the enforcement of employer compliance, including the power to impose specified penalties on employers who fail to allow eligible employees to participate in the program, subject to an appeals and collections process administered by the Franchise Tax Board, as specified below. (2) Existing law authorizes the collection of various debts by the Franchise Tax Board, including fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, and other amounts imposed by state courts and delinquent tax debt due. Existing law, the Financial Information System for California (FI$Cal) Act, establishes the FI$Cal system, a single integrated financial management system for the state. This bill would authorize penalties imposed on an employer under the CalSavers Retirement Savers Program for failure to comply with the program to be referred by the CalSavers Retirement Savings Board to the Franchise Tax Board (FTB) for collection under guidelines prescribed by the FTB. The bill would require the FTB to establish criteria, including a minimum dollar amount subject to referral and collection. The bill, upon written notice to a noncompliant employer, would treat amounts referred to the FTB as final and payable and would authorize the amounts to be collected from the eligible employer by the FTB in any manner authorized for collection of a delinquent income tax liability, except as specified. The bill would establish specified administrative procedures, including an appeals process. The bill would require amounts collected by the FTB to be transmitted to the CalSavers Retirement Savings Board for deposit in the CalSavers Retirement Savings Trust or remitted by means of the Fi$Cal system. By authorizing amounts collected by the FTB to be transferred to the board for deposit into the CalSavers Retirement Savings Trust, a continuously appropriated trust, the bill would make an appropriation. Existing law makes it a misdemeanor, except as specified, for the FTB or any deputy, agent, clerk, or other officer or employee of the state who has access to returns, reports, or documents filed under the franchise and income tax laws to disclose information regarding income or particulars from those documents. This bill, notwithstanding that provision, would authorize the FTB to disclose information to the CalSavers Retirement Savings Board to facilitate the collection of amounts due and the appeals of the determination of the board, as specified. (3) Existing law grants the Employment Development Department (EDD) the power to administer enforcement of employer compliance with the CalSavers Retirement Savings Program. Existing law requires EDD to assess a penalty on any eligible employer that fails to make the program available to employees. Existing law makes these provisions operative when the board notifies the Director of Employment Development that enforcement should proceed and the board and the Director of Employment Development agree to a reasonable implementation timeline. This bill would repeal the above provisions. (4) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial, medicinal, and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Food and Agriculture, the State Department of Public Health, and the Bureau of Cannabis Control, which are generally referred to as licensing authorities. This bill would require the licensing authorities described above to provide specified information regarding licensees to the CalSavers Retirement Savings Board upon request by the board. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 810?
SB 810 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 810?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 810?
Track SB 810 free on One Click Politics — get push/email alerts when it moves.

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