5824673 Resolution 21-351, ABLE Program Trust Establishment Congressional Review Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-351

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

January 5, 2016        

               

 

To declare the existence of an emergency, due to congressional review, with respect to the need to establish a qualified ABLE Program, to be known as the ABLE Program Trust, pursuant to the requirements of the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 to exempt from income taxation the earnings on deposits made to an ABLE Program Trust by an eligible individual to assist the individual with certain expenses related to the individual's blindness or disability.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “ABLE Program Trust Establishment Congressional Review Emergency Declaration Resolution of 2016”.

 

            Sec. 2. (a) In October 2015, the Council enacted the ABLE Program Trust Establishment Emergency Act of 2015, effective October 19, 2015 (D.C. Act 21-161; 62 DCR 13725) (“emergency legislation”), and the ABLE Program Trust Establishment Temporary Act of 2015, enacted October 22, 2015 (D.C. Act 21-175; 62 DCR 13993) (“temporary legislation”), to enable District residents with a disability to establish an ABLE account of up to $100,000 in accordance with the federal Stephen Beck Jr., Achieving a Better Life Experience Act of 2014, which mandated that states provide people with disabilities and their families the opportunity to create tax-exempt savings accounts.

            (b)  The emergency legislation expires on January 17, 2016.  The temporary legislation was transmitted to Congress on November 5, 2015, for the 30-day review period required by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and is not projected to become law until January 21, 2016 (and permanent legislation, which was transmitted to Congress on December 7, not until February 1, 2016).

            (c) It is important that the provisions of the emergency legislation continue in effect, without interruption, until the temporary legislation is in effect.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the ABLE Program Trust Establishment Congressional Review Emergency Act of 2016 be adopted after a single reading.

 

Sec. 4. This resolution shall take effect immediately.