Bill Status of HB4754  103rd General Assembly


Short Description:  ABLE ACCT PROG-ASSET PROTECT

House Sponsors
Rep. Kelly M. Burke - Peter Breen - David Harris

Senate Sponsors
(Sen. Scott M. Bennett)

Last Action
DateChamber Action
  11/28/2018HouseTotal Veto Stands - No Positive Action Taken

Statutes Amended In Order of Appearance
15 ILCS 505/16.6


Synopsis As Introduced
Amends the State Treasurer Act. Provides that unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an ABLE account may be transferred to the estate of a designated beneficiary, or to an account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary. Provides that an agency or instrumentality of the State may not seek payment under specified provisions of the federal Internal Revenue Code from the account or its proceeds for benefits provided to a designated beneficiary. Effective immediately.

House Floor Amendment No. 2
Adds reference to:
760 ILCS 5/15.1from Ch. 17, par. 1685.1

Replaces everything after the enacting clause. Re-inserts the provisions of the introduced bill. Amends the Trusts and Trustees Act. Provides that the court or a person with a disability may irrevocably assign resources of that person to either or both of: (i) an ABLE account; or (ii) a discretionary trust that complies with the Medicaid reimbursement requirements of federal law. Provides that "resources" includes, but is not limited to, any interest in real or personal property, judgment, settlement, annuity, maintenance, minor child support, and support for non-minor children. Provides that assignment is not authorized if otherwise prohibited by law. Provides that a court may reserve the right to determine the amount, duration, or enforcement of the irrevocable assignment.

Actions 
DateChamber Action
  2/13/2018HouseFiled with the Clerk by Rep. Kelly M. Burke
  2/13/2018HouseFirst Reading
  2/13/2018HouseReferred to Rules Committee
  2/21/2018HouseAssigned to Judiciary - Civil Committee
  2/28/2018HouseTo Trusts & Estates Law Subcommittee
  3/7/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Burke
  3/7/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  3/7/2018HouseReported Back To Judiciary - Civil Committee;
  3/7/2018HouseDo Pass / Short Debate Judiciary - Civil Committee; 009-000-000
  3/7/2018HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/7/2018HouseAdded Chief Co-Sponsor Rep. Peter Breen
  3/8/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/4/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Burke
  4/4/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/9/2018HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/19/2018HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 010-000-000
  4/19/2018HouseAdded Chief Co-Sponsor Rep. David Harris
  4/19/2018HouseSecond Reading - Short Debate
  4/19/2018HouseHouse Floor Amendment No. 2 Adopted
  4/19/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2018HouseThird Reading - Short Debate - Passed 105-000-000
  4/23/2018SenateArrive in Senate
  4/23/2018SenatePlaced on Calendar Order of First Reading
  4/23/2018SenateChief Senate Sponsor Sen. Scott M. Bennett
  4/23/2018SenateFirst Reading
  4/23/2018SenateReferred to Assignments
  5/1/2018SenateAssigned to Judiciary
  5/9/2018SenateDo Pass Judiciary; 009-000-000
  5/9/2018SenatePlaced on Calendar Order of 2nd Reading May 10, 2018
  5/10/2018SenateSecond Reading
  5/10/2018SenatePlaced on Calendar Order of 3rd Reading May 15, 2018
  5/17/2018SenateThird Reading - Passed; 052-000-000
  5/17/2018HousePassed Both Houses
  6/15/2018HouseSent to the Governor
  8/3/2018HouseGovernor Vetoed
  11/13/2018HousePlaced on Calendar Total Veto
  11/28/2018HouseTotal Veto Stands - No Positive Action Taken