As Introduced
136th General Assembly
Regular Session S. B. No. 128
2025-2026
Senators Brenner, Roegner
To amend sections 113.51 and 113.53 of the Revised
Code regarding Ohio ABLE accounts and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 113.51 and 113.53 of the Revised
Code be amended to read as follows:
Sec. 113.51. (A) The treasurer of state shall implement
and administer a program under the terms and conditions
established under sections 113.50 to 113.56 of the Revised Code.
For that purpose, the treasurer shall do all of the following:
(1) Develop and implement the program in a manner
consistent with the provisions of sections 113.50 to 113.56 of
the Revised Code;
(2) Engage the services of consultants on a contract basis
for rendering professional and technical assistance and advice;
(3) Seek rulings and other guidance from the secretary and
the internal revenue service relating to the program;
(4) Make modifications to the program as necessary for
participants in the program to qualify for the federal income
tax benefits or treatment provided under section 529A of the
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Internal Revenue Code or rules adopted thereunder;
(5) Impose and collect administrative fees and service
charges in connection with any agreement or transaction relating
to the program;
(6) Develop marketing plans and promotional materials to
publicize the program;
(7) Establish the procedures by which funds held in
program accounts shall be disbursed;
(8) Administer the issuance of interests by the Ohio ABLE
savings program trust fund to designated beneficiaries;
(9) Establish the procedures by which funds held in
program accounts shall be allocated to pay for administrative
costs;
(10) Take any other action necessary to implement and
administer the program;
(11) Adopt rules in accordance with Chapter 119. of the
Revised Code necessary to implement and administer the program;
(12) Notify the secretary when a program account has been
opened for a designated beneficiary and submit other reports
concerning the program as required by the secretary or under
section 529A of the Internal Revenue Code.
(B) The treasurer of state may enter into agreements with
other states or agencies of, subdivisions of, or residents of
those states related to the program or a similar ABLE account
program established by another state in accordance with section
529A of the Internal Revenue Code.
(C) The treasurer of state shall pay account fees
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As Introduced
associated with an ABLE account on behalf of an Ohio account
owner or beneficiary.
Sec. 113.53. (A) A designated beneficiary, or a trustee or
guardian of a designated beneficiary who lacks capacity to enter
into an agreement, may apply, on forms prescribed by the
treasurer of state, to open a program account. A beneficiary may
have only one ABLE account. The treasurer of state may impose a
nonrefundable application fee. The application shall require the
applicant to provide the following information:
(1) The name, address, social security number, and birth
date of the designated beneficiary;
(2) The name, address, and social security number of the
designated beneficiary's trustee or guardian, if applicable;
(3) Certification by the applicant that the applicant
understands the maximum account value and the consequences under
division (C) of this section for excess contributions and
understands how program account values exceeding the amount
designated under section 103 of the "Stephen Beck, Jr., ABLE Act
of 2014," 26 U.S.C. 529A note, may affect the applicant's
resources for determining the applicant's eligibility for the
supplemental security income program;
(4) Any additional information required by the treasurer
of state.
(B)(1) To qualify for a program account, a designated
beneficiary must be an eligible individual at the time the
program account is opened. Before opening a program account, the
treasurer of state or program manager shall enter into an
agreement with the account owner that discloses the requirements
and restrictions on contributions and withdrawals from the
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program account.
(2) Any person may make contributions to a program account
after the account is opened, subject to the limitations imposed
by section 529A of the Internal Revenue Code and any rules
adopted by the secretary.
(C) Contributions to a program account shall be made in
cash. The treasurer of state or program manager shall reject or
promptly withdraw a contribution to a program account if that
contribution would exceed the annual limits prescribed in
subsection (b)(2)(B) of section 529A of the Internal Revenue
Code. The treasurer or program manager shall reject or promptly
withdraw a contribution if the value of the program account
equals or exceeds the maximum account value or the designated
beneficiary is not an eligible individual in the current
calendar year.
(D)(1) To the extent authorized by federal law, and in
accordance with rules adopted by the treasurer of state, an
account owner may change the designated beneficiary of a program
account to another individual.
(2) No account owner may use an interest in an ABLE
account as security for a loan. Any pledge of an interest in an
account shall be void and of no force and effect.
(E)(1) A distribution from a program account to any
individual or for the benefit of any individual during a
calendar year shall be reported to the internal revenue service
and the designated beneficiary or the distributee to the extent
required under state or federal law.
(2) Statements shall be provided to each account owner of
a program account at least four times each year within thirty
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days after the end of the quarterly period to which a statement
relates. The statement shall identify the contributions made
during the preceding quarter, the total contributions made to
the account through the last day of that quarter, the value of
the account on the last day of that quarter, distributions made
during that quarter, and any other information that the
treasurer of state requires to be reported to the account owner.
(3) Statements and information relating to program
accounts shall be prepared and filed to the extent required
under sections 113.50 to 113.56 of the Revised Code and any
other state or federal law.
(F) The program shall provide separate accounting for each
designated beneficiary. An annual fee may be imposed upon the
account owner for the maintenance of a program account.
(G) (G)(1) Money in an ABLE account shall be exempt from
attachment, execution, or garnishment as provided in section
2329.66 of the Revised Code , and is .
(2) Unless required by federal law, money in an ABLE
account is not subject to claims made under the medicaid estate
recovery program instituted pursuant to section 5162.21 of the
Revised Code, in accordance with subsection (f) of section 529A
of the Internal Revenue Code and subject to any limitations
imposed by the secretary .
(H)(1) Notwithstanding any other provision of state law,
all of the following shall be disregarded for the purposes of
determining an individual's eligibility for a means-tested
public assistance program funded only with state, local, or
state and local funds and the amount of assistance or benefits
the individual is eligible to receive under the program:
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(a) Any amount in an ABLE account, including earnings on
the account;
(b) Any contributions to an ABLE account;
(c) Any distribution from an ABLE account for qualified
disability expenses.
(2) Division (H)(1) of this section applies only to an
individual who is either of the following:
(a) The designated beneficiary of the ABLE account;
(b) An individual whose eligibility for the means-tested
program is conditioned on the ABLE account's designated
beneficiary disclosing the designated beneficiary's income,
resources, or both to the entity administering the means-tested
public assistance program .
(3) Notwithstanding any provision of the Revised Code to
the contrary, all information related to an ABLE account
obtained by the treasurer of state under this section is not a
public record under section 149.43 of the Revised Code .
Section 2. That existing sections 113.51 and 113.53 of the
Revised Code are hereby repealed.
Section 3. All items in this act are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the designated fund. For all operating appropriations
made in this act, those in the first column are for fiscal year
2026 and those in the second column are for fiscal year 2027.
The operating appropriations made in this act are in addition to
any other operating appropriations made for these fiscal years.
Section 4.
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A TOS TREASURER OF STATE
BDedicated Purpose Fund Group
C4E90090639STABLE Maintenance Fee
Subsidy
$900,000 $900,000
DTOTAL Dedicated Purpose Fund Group $900,000 $900,000
ETOTAL ALL BUDGET FUND GROUPS $900,000 $900,000
STABLE MAINTENANCE FEE SUBSIDY
The foregoing appropriation item 090639, STABLE
Maintenance Fee Subsidy, shall be used to subsidize costs of
monthly fees incurred by STABLE account holders for eligible
individuals with disabilities.
Section 5. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the manner in which
appropriation accounts shall be maintained. Expenditures from
operating appropriations contained in this act shall be
accounted for as though made in, and are subject to all
applicable provisions of, the main operating appropriations act
of the 136th General Assembly.
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