IllinoisHB3500104th General Assembly (2025–2026)HouseWALLET

ABLE ACCOUNT PROGRAM INFO

Sponsored By: Suzanne M. Ness (Democratic)

Became Law

elementary & secondary education: administration, licensing & charter schoolsassignmentseducation

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

ABLE accounts: save without losing benefits

Illinois creates ABLE accounts so people with disabilities can save for qualified disability costs under federal 529A rules. Money and earnings in an ABLE account are exempt from Illinois tax when used for qualified expenses. The money in the account, your contributions, and qualified withdrawals do not count when Illinois decides your eligibility or amounts for public benefits while the account is active. Accounts are held in trust, protected from creditors, and cannot be used as loan collateral. Federal rules allow only one account per beneficiary and set yearly and total balance limits. When the beneficiary dies, funds can go to the estate, another eligible person’s ABLE account, or a payable‑on‑death recipient; the Treasurer may require proof that funeral and burial bills are paid. Money others put in becomes the beneficiary’s property.

College 529 savings: tax break and limits

Illinois runs a state 529 college savings plan. If you contribute, you can deduct your contribution from Illinois income, and earnings used for qualified education costs are tax‑free in Illinois. The plan sends you a yearly statement and publishes investment policies in advance. Fees are taken from account assets, and contributions must be in cash. The Treasurer caps total balances (including the State’s prepaid tuition) and bars using accounts as loan collateral; a $10,000,000 bond helps protect account owners. You may roll money to another 529, to an Illinois ABLE account, or to a Roth IRA when federal rules allow.

Schools must share ABLE account info

At each annual IEP review, schools must give parents Illinois ABLE information. When a new Section 504 plan is created, schools must give the materials at the first meeting; families with existing 504 plans get them by the 2026–2027 school year. Starting in the 2026–2027 school year, districts must also post the ABLE materials on their websites. The Treasurer supplies the materials to the State Board of Education for districts to distribute. In early intervention, regional intake offices must give parents ABLE materials when an IFSP is created and at each review, and they must record that delivery.

ABLE program fees, rules, and privacy

The State Treasurer runs the Illinois ABLE plan, may hire contractors, and can work with other states. The Treasurer sets participant fees for administration and investments and must keep fees as low as possible. The law creates an ABLE Administrative Fund and requires a written, posted investment policy with annual review. The Treasurer must notify beneficiaries before rule changes, and new rules apply only to future contributions. Applications and account records are confidential and not subject to public records requests. The Treasurer promotes ABLE awareness and may adopt rules to keep the plan qualified under federal law. A federal finding of non‑qualified withdrawals alone does not change how Illinois counts the account for state benefit rules.

Sponsors & Cosponsors

Sponsor

  • Suzanne M. Ness

    Democratic • House

Cosponsors

  • Javier L. Cervantes

    Democratic • Senate

  • Julie A. Morrison

    Democratic • Senate

  • Mike Porfirio

    Democratic • Senate

  • Paul Faraci

    Democratic • Senate

  • Sue Scherer

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 325 • No: 0

House vote 5/30/2025

Senate Committee Amendment No. 1 House Concurs

Yes: 116 • No: 0

House vote 5/29/2025

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Elementary & Secondary Education: Administration, Licensing & Charter Schools;

Yes: 8 • No: 0

Senate vote 5/22/2025

Third Reading - Passed;

Yes: 58 • No: 0

Senate vote 5/7/2025

Do Pass as Amended Education;

Yes: 14 • No: 0

House vote 4/8/2025

Third Reading - Short Debate - Passed

Yes: 113 • No: 0

House vote 4/7/2025

House Floor Amendment No. 1 Recommends Be Adopted Elementary & Secondary Education: Administration, Licensing & Charter Schools;

Yes: 7 • No: 0

House vote 3/19/2025

Do Pass / Short Debate Elementary & Secondary Education: Administration, Licensing & Charter Schools;

Yes: 9 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0314

    8/15/2025House
  2. Effective Date January 1, 2026

    8/15/2025House
  3. Governor Approved

    8/15/2025House
  4. Sent to the Governor

    6/24/2025House
  5. Passed Both Houses

    5/30/2025House
  6. House Concurs

    5/30/2025House
  7. Senate Committee Amendment No. 1 House Concurs 116-000-000

    5/30/2025House
  8. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Elementary & Secondary Education: Administration, Licensing & Charter Schools; 008-000-000

    5/29/2025House
  9. Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Elementary & Secondary Education: Administration, Licensing & Charter Schools

    5/28/2025House
  10. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

    5/23/2025House
  11. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Suzanne M. Ness

    5/23/2025House
  12. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

    5/23/2025House
  13. Arrived in House

    5/23/2025House
  14. Third Reading - Passed; 058-000-000

    5/22/2025Senate
  15. Added as Alternate Co-Sponsor Sen. Julie A. Morrison

    5/21/2025Senate
  16. Placed on Calendar Order of 3rd Reading May 13, 2025

    5/8/2025Senate
  17. Second Reading

    5/8/2025Senate
  18. Placed on Calendar Order of 2nd Reading May 8, 2025

    5/7/2025Senate
  19. Do Pass as Amended Education; 014-000-000

    5/7/2025Senate
  20. Senate Committee Amendment No. 1 Adopted

    5/6/2025Senate
  21. Senate Committee Amendment No. 1 Assignments Refers to Education

    5/6/2025Senate
  22. Senate Committee Amendment No. 1 Referred to Assignments

    5/2/2025Senate
  23. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Paul Faraci

    5/2/2025Senate
  24. Added as Alternate Co-Sponsor Sen. Mike Porfirio

    4/30/2025Senate
  25. Added as Alternate Co-Sponsor Sen. Javier L. Cervantes

    4/30/2025Senate

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

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