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 "Board" means the Illinois State Board of Investment. | 
 "Contracting state" means a state without a qualified ABLE  | 
program which has entered into a contract with Illinois to  | 
provide residents of the contracting state access to a  | 
qualified ABLE program. | 
 "Designated representative" means a person who is  | 
authorized to act on behalf of an account owner. An account  | 
owner is authorized to act on his or her own behalf unless the  | 
account owner is a minor or the account owner has been  | 
adjudicated to have a disability so that a guardian has been  | 
appointed. A designated representative acts in a fiduciary  | 
capacity to the account owner. The State Treasurer shall  | 
recognize a person as a designated representative without  | 
appointment by a court in the following order of priority: | 
  (1) The account owner's plenary guardian of the estate,  | 
 or the account owner's limited guardian of financial or  | 
 contractual matters. Any guardian acting in this capacity  | 
 shall not be required to seek court approval for any ABLE  | 
 qualified distributions. | 
  (2) The agent named by the account owner in a property  | 
 power of attorney recognized as a statutory short form  | 
 power of attorney for property. | 
  (3) Such individual or entity that the account owner so  | 
 designates in writing, in a manner to be established by the  | 
 State Treasurer. | 
  (4) Such other individual or entity designated by the  | 
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 State Treasurer pursuant to its rules. | 
 "Disability certification" has the meaning given to that  | 
term under Section 529A of the Internal Revenue Code. | 
 "Eligible individual" has the meaning given to that term  | 
under Section 529A of the Internal Revenue Code. | 
 "Participation agreement" means an agreement to  | 
participate in the ABLE account plan between an account owner  | 
and the State, through its agencies and the State Treasurer. | 
 "Qualified disability expenses" has the meaning given to  | 
that term under Section 529A of the Internal Revenue Code. | 
 "Qualified withdrawal" or "qualified distribution" means a  | 
withdrawal from an ABLE account to pay the qualified disability  | 
expenses of the beneficiary of the account. | 
 (b) The "Achieving a Better Life Experience" or "ABLE"  | 
account program is hereby created and shall be administered by  | 
the State Treasurer. The purpose of the ABLE plan is to  | 
encourage and assist individuals and families in saving private  | 
funds for the purpose of supporting individuals with  | 
disabilities to maintain health, independence, and quality of  | 
life, and to provide secure funding for disability-related  | 
expenses on behalf of designated beneficiaries with  | 
disabilities that will supplement, but not supplant, benefits  | 
provided through private insurance, federal and State medical  | 
and disability insurance, the beneficiary's employment, and  | 
other sources. Under the plan, a person may make contributions  | 
to an ABLE account to meet the qualified disability expenses of  | 
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the designated beneficiary of the account. The plan must be  | 
operated as an accounts-type plan that permits persons to save  | 
for qualified disability expenses incurred by or on behalf of  | 
an eligible individual. | 
 The State Treasurer shall promote awareness of the  | 
availability and advantages of the ABLE account plan as a way  | 
to assist individuals and families in saving private funds for  | 
the purpose of supporting individuals with disabilities. The  | 
cost of these promotional efforts shall not be funded with fees  | 
imposed on participants by the State Treasurer. | 
 The State Treasurer shall not accept contributions for ABLE  | 
accounts under this Section until the Internal Revenue Service  | 
has issued its final regulations concerning ABLE accounts. | 
 A separate account must be maintained for each beneficiary  | 
for whom contributions are made, and no more than one account  | 
shall be established per beneficiary. If an ABLE account is  | 
established for a designated beneficiary, no account  | 
subsequently established for such beneficiary shall be treated  | 
as an ABLE account. The preceding sentence shall not apply in  | 
the case of an ABLE account established for purposes of a  | 
rollover as permitted under Section 529A of the Internal  | 
Revenue Code. | 
 An ABLE account may be established under this Section only  | 
for a designated beneficiary who is a resident of Illinois or a  | 
resident of a contracting state. | 
 Prior to the establishment of an ABLE account, an account  | 
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owner must provide documentation to the State Treasurer that  | 
the account beneficiary is an eligible individual. | 
 Annual contributions to an ABLE account on behalf of a  | 
beneficiary are subject to the requirements of subsection (b)  | 
of Section 529A of the Internal Revenue Code. No person may  | 
make a contribution to an ABLE account if such a contribution  | 
would result in the aggregate account balance of an ABLE  | 
account exceeding the account balance limit authorized under  | 
Section 529A of the Internal Revenue Code. The Treasurer shall  | 
review the contribution limit at least annually. | 
 The State Treasurer shall administer the plan, including  | 
accepting and processing applications, maintaining account  | 
records, making payments, and undertaking any other necessary  | 
tasks to administer the plan, including the appointment of an  | 
account administrator. The State Treasurer may contract with  | 
one or more third parties to carry out some or all of these  | 
administrative duties, including, but not limited to,  | 
providing investment management services, incentives, and  | 
marketing the plan. | 
 In designing and establishing the plan's requirements and  | 
in negotiating or entering into contracts with third parties  | 
under this Section, the State Treasurer shall consult with the  | 
Board. The State Treasurer shall establish fees to be imposed  | 
on participants to recover the costs of administration,  | 
recordkeeping, and investment management. The State Treasurer  | 
must use his or her best efforts to keep these fees as low as  | 
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possible, consistent with efficient administration. | 
 The Illinois ABLE Accounts Administrative Fund is created  | 
as a nonappropriated trust fund in the State treasury. The  | 
State Treasurer shall use moneys in the Administrative Fund to  | 
pay for administrative expenses he or she incurs in the  | 
performance of his or her duties under this Section. The State  | 
Treasurer shall use moneys in the Administrative Fund to cover  | 
administrative expenses incurred under this Section. The  | 
Administrative Fund may receive any grants or other moneys  | 
designated for administrative purposes from the State, or any  | 
unit of federal or local government, or any other person, firm,  | 
partnership, or corporation. Any interest earnings that are  | 
attributable to moneys in the Administrative Fund must be  | 
deposited into the Administrative Fund. Any fees established by  | 
the State Treasurer to recover the costs of administration,  | 
recordkeeping, and investment management shall be deposited  | 
into the Administrative Fund. | 
 Subject to appropriation, the State Treasurer may pay  | 
administrative costs associated with the creation and  | 
management of the plan until sufficient assets are available in  | 
the Administrative Fund for that purpose. | 
 Applications for accounts, account owner data, account  | 
data, and data on beneficiaries of accounts are confidential  | 
and exempt from disclosure under the Freedom of Information  | 
Act. | 
 (c) The State Treasurer may invest the moneys in ABLE  | 
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accounts in the same manner and in the same types of  | 
investments provided for the investment of moneys by the Board.  | 
To enhance the safety and liquidity of ABLE accounts, to ensure  | 
the diversification of the investment portfolio of accounts,  | 
and in an effort to keep investment dollars in the State, the  | 
State Treasurer may make a percentage of each account available  | 
for investment in participating financial institutions doing  | 
business in the State, except that the accounts may be invested  | 
without limit in investment options from open-ended investment  | 
companies registered under Section 80a of the federal  | 
Investment Company Act of 1940. The State Treasurer may  | 
contract with one or more third parties for investment  | 
management, recordkeeping, or other services in connection  | 
with investing the accounts. | 
 The account administrator shall annually prepare and adopt  | 
a written statement of investment policy that includes a risk  | 
management and oversight program. The risk management and  | 
oversight program shall be designed to ensure that an effective  | 
risk management system is in place to monitor the risk levels  | 
of the ABLE plan, to ensure that the risks taken are prudent  | 
and properly managed, to provide an integrated process for  | 
overall risk management, and to assess investment returns as  | 
well as risk to determine if the risks taken are adequately  | 
compensated compared to applicable performance benchmarks and  | 
standards. | 
 The State Treasurer may enter into agreements with other  | 
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states to either allow Illinois residents to participate in a  | 
plan operated by another state or to allow residents of other  | 
states to participate in the Illinois ABLE plan. | 
 (d) The State Treasurer shall ensure that the plan meets  | 
the requirements for an ABLE account under Section 529A of the  | 
Internal Revenue Code. The State Treasurer may request a  | 
private letter ruling or rulings from the Internal Revenue  | 
Service and must take any necessary steps to ensure that the  | 
plan qualifies under relevant provisions of federal law.  | 
Notwithstanding the foregoing, any determination by the  | 
Secretary of the Treasury of the United States that an account  | 
was utilized to make non-qualified distributions shall not  | 
result in an ABLE account being disregarded as a resource. | 
 A person may make contributions to an ABLE account on  | 
behalf of a beneficiary. Contributions to an account made by  | 
persons other than the account owner become the property of the  | 
account owner. Contributions to an account shall be considered  | 
as a transfer of assets for fair market value. A person does  | 
not acquire an interest in an ABLE account by making  | 
contributions to an account. A contribution to any account for  | 
a beneficiary must be rejected if the contribution would cause  | 
either the aggregate or annual account balance of the account  | 
to exceed the limits imposed by Section 529A of the Internal  | 
Revenue Code. | 
 Any change in account owner must be done in a manner  | 
consistent with Section 529A of the Internal Revenue Code. | 
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 Notice of any proposed amendments to the rules and  | 
regulations shall be provided to all owners or their designated  | 
representatives prior to adoption. Amendments to rules and  | 
regulations shall apply only to contributions made after the  | 
adoption of the amendment. Amendments to this Section  | 
automatically amend the participation agreement. Any  | 
amendments to the operating procedures and policies of the plan  | 
shall automatically amend the participation agreement after  | 
adoption by the State Treasurer. | 
 All assets of the plan, including any contributions to  | 
accounts, are held in trust for the exclusive benefit of the  | 
account owner and shall be considered spendthrift accounts  | 
exempt from all of the owner's creditors. The plan shall  | 
provide separate accounting for each designated beneficiary  | 
sufficient to satisfy the requirements of paragraph (3) of  | 
subsection (b) of Section 529A of the Internal Revenue Code.  | 
Assets must be held in either a state trust fund outside the  | 
State treasury, to be known as the Illinois ABLE plan trust  | 
fund, or in accounts with a third-party provider selected  | 
pursuant to this Section. Amounts contributed to ABLE accounts  | 
shall not be commingled with State funds and the State shall  | 
have no claim to or against, or interest in, such funds. | 
 Plan assets are not subject to claims by creditors of the  | 
State and are not subject to appropriation by the State.  | 
Payments from the Illinois ABLE account plan shall be made  | 
under this Section. | 
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 The assets of ABLE accounts and their income may not be  | 
used as security for a loan. | 
 The assets of ABLE accounts and their income and operation  | 
shall be exempt from all taxation by the State of Illinois and  | 
any of its subdivisions to the extent exempt from federal  | 
income taxation. The accrued earnings on investments in an ABLE  | 
account once disbursed on behalf of a designated beneficiary  | 
shall be similarly exempt from all taxation by the State of  | 
Illinois and its subdivisions to the extent exempt from federal  | 
income taxation, so long as they are used for qualified  | 
expenses. | 
 Notwithstanding any other provision of law that requires  | 
consideration of one or more financial circumstances of an  | 
individual, for the purpose of determining eligibility to  | 
receive, or the amount of, any assistance or benefit authorized  | 
by such provision to be provided to or for the benefit of such  | 
individual, any amount, including earnings thereon, in the ABLE  | 
account of such individual, any contributions to the ABLE  | 
account of the individual, and any distribution for qualified  | 
disability expenses shall be disregarded for such purpose with  | 
respect to any period during which such individual maintains,  | 
makes contributions to, or receives distributions from such  | 
ABLE account. | 
 (e) The account owner or the designated representative of  | 
the account owner may request that a qualified distribution be  | 
made for the benefit of the account owner. Qualified  | 
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distributions shall be made for qualified disability expenses  | 
allowed pursuant to Section 529A of the Internal Revenue Code.  | 
Qualified distributions must be withdrawn proportionally from  | 
contributions and earnings in an account owner's account on the  | 
date of distribution as provided in Section 529A of the  | 
Internal Revenue Code. Upon the death of a beneficiary, the  | 
amount remaining in the beneficiary's account must be  | 
distributed pursuant to subsection (f) of Section 529A of the  | 
Internal Revenue Code. | 
 (f) The State Treasurer may adopt rules to carry out the  | 
purposes of this Section. The State Treasurer shall further  | 
have the power to issue peremptory rules necessary to ensure  | 
that ABLE accounts meet all of the requirements for a qualified  | 
state ABLE program under Section 529A of the Internal Revenue  | 
Code and any regulations issued by the Internal Revenue  | 
Service.
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 Section 10. The State Finance Act is amended by adding  | 
Section 5.866 as follows:
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