California 2019-2020 Regular Session Status: Enacted

AB 276 — Personal income taxes: qualified employer plan: loans: CARES Act.

Last action — Chaptered by Secretary of State - Chapter 62, Statutes of 2020.

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

This bill has been enacted into law. Introduced January 28, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Personal Income Tax Law, in partial conformity with federal income tax law, allows a qualified employer plan, as defined, to provide specified loans to a participant or a beneficiary that are not treated as taxable distributions from the plan if specified conditions are met, including that the maximum amount that a plan may permit as a loan does not exceed (1) the greater of $10,000 or 50% of the participant's vested account balance, or (2) $50,000, whichever is less, and that generally the loan be repaid within 5 years. Existing federal law, the Coronavirus Aid, Relief, and Economic Security Act (federal CARES Act) , among other things, in the case of any loan from a qualified employer plan to a qualified individual, as defined, made during the 180-day period beginning on March 27, 2020, increases the maximum amount of a permitted loan to up to (1) the greater of $10,000 or 100% of a participant's vested account balance or (2) $100,000, whichever is less, and delays the repayment period for a qualified individual with an outstanding loan for up to one year. This bill would, for purposes of the Personal Income Tax Law, provide conformity to those qualified employer plan loan provisions of the federal CARES Act. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 62, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5378.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 11. Noes 0.) (August 30).

  6. Joint Rule 62(a), file notice suspended. (Page 5274.)

  7. Re-referred to Com. on REV. & TAX. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 4380.).

  10. Ordered to special consent calendar.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 7. Noes 0.) (August 20).

  13. In committee: Referred to APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 29). Re-referred to Com. on APPR.

  15. Re-referred to Com. on GOV. & F.

  16. Re-referred to Com. on RLS.

  17. Withdrawn from committee.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  19. Referred to Com. on ED.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 3890.)

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 18. Noes 0.) (January 23).

  24. In committee: Set, first hearing. Referred to APPR. suspense file.

  25. Re-referred to Com. on APPR.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (January 15). Re-referred to Com. on APPR.

  28. From committee: Be re-referred to Com. on ED. Re-referred. (Ayes 12. Noes 0.) (January 6). Re-referred to Com. on ED.

  29. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  30. Re-referred to Com. on PUB. S.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  32. In committee: Hearing postponed by committee.

  33. Re-referred to Com. on PUB. S.

  34. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  35. In committee: Set, second hearing. Hearing canceled at the request of author.

  36. In committee: Set, first hearing. Hearing canceled at the request of author.

  37. Re-referred to Com. on PUB. S.

  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  39. Referred to Com. on PUB. S.

  40. From printer. May be heard in committee February 28.

  41. Read first time. To print.

Sponsors

  • Friedman · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Friedman

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

AB 276 Friedman Concurrence in Senate Amendments

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 48003
Democratic 21001
Republican 6000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Mayes — Yea
Weber — Yea
Mullin — Yea
Obernolte — Yea
Gray — Yea
Salas — Yea
Cunningham — Yea
Bigelow — Yea
O'Donnell — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Maienschein — Yea
Ting — Yea
Cooper — Yea
Brough — Yea
Fong — Yea
Friedman — Yea
Low — Yea
Diep — Yea
Cooley — Yea
Santiago — Yea
Chu — Yea
Chau — Yea
Waldron — Yea
Burke — Yea
Mathis — Yea
Kiley — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Daly — Yea
Wood — Yea
Rodriguez — Yea
Holden — Yea
Smith — Yea
Kamlager — Yea
Nazarian — Yea
Eggman — Not Voting
Frazier — Not Voting
Voepel — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Special Consent AB276

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 10000
Republican 2001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bradford — Yea
Morrell — Yea
Hill — Yea
Hertzberg — Yea
Melendez — Yea
Wieckowski — Yea
Portantino — Yea
Monning — Yea
Bates — Yea
Nielsen — Yea
Moorlach — Yea
Chang — Yea
Skinner — Yea
Hueso — Yea
Pan — Yea
Borgeas — Yea
Rubio — Yea
Dodd — Yea
Wilk — Yea
Allen — Yea
Roth — Yea
Leyva — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Galgiani — Yea
Glazer — Yea
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 Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Yea
Hill — Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 276 Friedman Assembly Third Reading

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 48004
Democratic 21001
Republican 5001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Fong — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Frazier — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Kamlager — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Brough — Not Voting
Obernolte — Not Voting
Rendon — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 12000
Republican 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Fong — Yea
Brough — Yea
Maienschein — Yea
Bigelow — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Be re-referred to the Committee on [Education]

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 6000
Republican 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Mathis — Yea
Kamlager — Yea
Cooley — Yea
Cunningham — Yea
Maienschein — Yea
Wendy Carrillo — Yea
Grayson, Timothy S. Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Wicks, Buffy Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

taxation finance
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Frequently asked questions

What does AB 276 do?
The Personal Income Tax Law, in partial conformity with federal income tax law, allows a qualified employer plan, as defined, to provide specified loans to a participant or a beneficiary that are not treated as taxable distributions from the plan if specified conditions are met, including that the maximum amount that a plan may permit as a loan does not exceed (1) the greater of $10,000 or 50% of the participant's vested account balance, or (2) $50,000, whichever is less, and that generally the loan be repaid within 5 years. Existing federal law, the Coronavirus Aid, Relief, and Economic Security Act (federal CARES Act) , among other things, in the case of any loan from a qualified employer plan to a qualified individual, as defined, made during the 180-day period beginning on March 27, 2020, increases the maximum amount of a permitted loan to up to (1) the greater of $10,000 or 100% of a participant's vested account balance or (2) $100,000, whichever is less, and delays the repayment period for a qualified individual with an outstanding loan for up to one year. This bill would, for purposes of the Personal Income Tax Law, provide conformity to those qualified employer plan loan provisions of the federal CARES Act. This bill would take effect immediately as a tax levy.
Who sponsors AB 276?
AB 276 is sponsored by Friedman.
What is the current status of AB 276?
This bill has been enacted into law. Introduced January 28, 2019. Enacted.
Where can I track AB 276?
Track AB 276 free on One Click Politics — get push/email alerts when it moves.

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