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| 5 | 5 | | 2025 -- S 0731 |
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| 7 | 7 | | LC001693 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND |
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| 16 | 16 | | HUMAN SERVICES |
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| 17 | 17 | | Introduced By: Senators LaMountain, Tikoian, Felag, Murray, and Lawson |
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| 18 | 18 | | Date Introduced: March 07, 2025 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | (General Treasurer) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 42-7.2-20.8 of the General Laws in Chapter 42-7.2 entitled "Office 1 |
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| 24 | 24 | | of Health and Human Services" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 42-7.2-20.8. Creditors. 3 |
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| 26 | 26 | | Notwithstanding any provision of the general or public laws to the contrary, money in the 4 |
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| 27 | 27 | | ABLE program shall be exempt from creditor process and shall not be liable to attachment, 5 |
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| 28 | 28 | | garnishment, or other process, nor shall it be seized, taken, appropriated or applied by any legal or 6 |
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| 29 | 29 | | equitable process or operation of law to pay any debt or liability or any contributor or beneficiary; 7 |
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| 30 | 30 | | provided, however, that the state of residency of the designated beneficiary of an ABLE account 8 |
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| 31 | 31 | | shall be a creditor of such account in the event of the death of the designated beneficiary. Upon 9 |
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| 32 | 32 | | death of a designated beneficiary, an agency or instrumentality of state shall not seek payment 10 |
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| 33 | 33 | | pursuant to 26 U.S.C ยง 529A from any ABLE savings trust account or its proceeds for benefits 11 |
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| 34 | 34 | | provided to a designated beneficiary, except as required by federal law. 12 |
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| 35 | 35 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 36 | 36 | | ======== |
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| 37 | 37 | | LC001693 |
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| 38 | 38 | | ======== |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LC001693 - Page 2 of 2 |
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| 42 | 42 | | EXPLANATION |
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| 43 | 43 | | BY THE LEGISLATIVE COUNCIL |
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| 44 | 44 | | OF |
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| 45 | 45 | | A N A C T |
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| 46 | 46 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND |
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| 47 | 47 | | HUMAN SERVICES |
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| 48 | 48 | | *** |
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| 49 | 49 | | This act would prohibit the state from seeking reimbursement for expenditures made on 1 |
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| 50 | 50 | | behalf of disabled Rhode Islanders from an ABLE account after death of the designated beneficiary. 2 |
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| 51 | 51 | | This act would take effect upon passage. 3 |
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| 52 | 52 | | ======== |
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| 53 | 53 | | LC001693 |
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| 54 | 54 | | ======== |
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