103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3133
 
Introduced 2/2/2024, by Sen. Steve Stadelman
 
SYNOPSIS AS INTRODUCED:

15 ILCS 505/16.5
15 ILCS 505/16.8
 Amends the State Treasurer Act. In provisions concerning the College Savings Pool, provides that an account may be rolled over into a Roth IRA account, to the extent permitted by Section 529 of the Internal Revenue Code. In provisions concerning the Illinois Higher Education Savings Program, provides that the definition of "eligible child" includes a child born or adopted after December 31, 2022, to a parent who is a resident of Illinois at the time of the birth or adoption, as evidenced by documentation received by the Treasurer from a parent or legal guardian of the child. Makes conforming changes. Effective immediately.


LRB103 36417 SPS 66519 b


 
 
A BILL FOR
 
SB3133LRB103 36417 SPS 66519 b


1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The State Treasurer Act is amended by changing 
5Sections 16.5 and 16.8 as follows:

6 (15 ILCS 505/16.5)
7 Sec. 16.5. College Savings Pool. 
8 (a) Definitions. As used in this Section:
9 "Account owner" means any person or entity who has opened 
10an account or to whom ownership of an account has been 
11transferred, as allowed by the Internal Revenue Code, and who 
12has authority to withdraw funds, direct withdrawal of funds, 
13change the designated beneficiary, or otherwise exercise 
14control over an account in the College Savings Pool.
15 "Donor" means any person or entity who makes contributions 
16to an account in the College Savings Pool.
17 "Designated beneficiary" means any individual designated 
18as the beneficiary of an account in the College Savings Pool by 
19an account owner. A designated beneficiary must have a valid 
20social security number or taxpayer identification number. In 
21the case of an account established as part of a scholarship 
22program permitted under Section 529 of the Internal Revenue 
23Code, the designated beneficiary is any individual receiving 
 
 
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1benefits accumulated in the account as a scholarship.
2 "Eligible educational institution" means public and 
3private colleges, junior colleges, graduate schools, and 
4certain vocational institutions that are described in Section 
51001 of the Higher Education Resource and Student Assistance 
6Chapter of Title 20 of the United States Code (20 U.S.C. 1001) 
7and that are eligible to participate in Department of 
8Education student aid programs. 
9 "Member of the family" has the same meaning ascribed to 
10that term under Section 529 of the Internal Revenue Code. 
11 "Nonqualified withdrawal" means a distribution from an 
12account other than a distribution that (i) is used for the 
13qualified expenses of the designated beneficiary; (ii) results 
14from the beneficiary's death or disability; (iii) is a 
15rollover to another account in the College Savings Pool; or 
16(iv) is a rollover to an ABLE account, as defined in Section 
1716.6 of this Act, or any distribution that, within 60 days 
18after such distribution, is transferred to an ABLE account of 
19the designated beneficiary or a member of the family of the 
20designated beneficiary to the extent that the distribution, 
21when added to all other contributions made to the ABLE account 
22for the taxable year, does not exceed the limitation under 
23Section 529A(b) of the Internal Revenue Code; or (v) is a 
24rollover to a Roth IRA account to the extent permitted by 
25Section 529 of the Internal Revenue Code.
26 "Qualified expenses" means: (i) tuition, fees, and the 
 
 
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1costs of books, supplies, and equipment required for 
2enrollment or attendance at an eligible educational 
3institution; (ii) expenses for special needs services, in the 
4case of a special needs beneficiary, which are incurred in 
5connection with such enrollment or attendance; (iii) certain 
6expenses, to the extent they qualify as qualified higher 
7education expenses under Section 529 of the Internal Revenue 
8Code, for the purchase of computer or peripheral equipment or 
9Internet access and related services, if such equipment, 
10software, or services are to be used primarily by the 
11beneficiary during any of the years the beneficiary is 
12enrolled at an eligible educational institution, except that, 
13such expenses shall not include expenses for computer software 
14designed for sports, games, or hobbies, unless the software is 
15predominantly educational in nature; (iv) room and board 
16expenses incurred while attending an eligible educational 
17institution at least half-time; (v) expenses for fees, books, 
18supplies, and equipment required for the participation of a 
19designated beneficiary in an apprenticeship program registered 
20and certified with the Secretary of Labor under the National 
21Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as 
22principal or interest on any qualified education loan of the 
23designated beneficiary or a sibling of the designated 
24beneficiary, as allowed under Section 529 of the Internal 
25Revenue Code. A student shall be considered to be enrolled at 
26least half-time if the student is enrolled for at least half 
 
 
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1the full-time academic workload for the course of study the 
2student is pursuing as determined under the standards of the 
3institution at which the student is enrolled. 
4 (b) Establishment of the Pool. The State Treasurer may 
5establish and administer the College Savings Pool as a 
6qualified tuition program under Section 529 of the Internal 
7Revenue Code. The Pool may consist of one or more college 
8savings programs. The State Treasurer, in administering the 
9College Savings Pool, may: (1) receive, hold, and invest 
10moneys paid into the Pool; and (2) perform any other action he 
11or she deems necessary to administer the Pool, including any 
12other actions necessary to ensure that the Pool operates as a 
13qualified tuition program in accordance with Section 529 of 
14the Internal Revenue Code.
15 (c) Administration of the College Savings Pool. The State 
16Treasurer may delegate duties related to the College Savings 
17Pool to one or more contractors. The contributions deposited 
18in the Pool, and any earnings thereon, shall not constitute 
19property of the State or be commingled with State funds and the 
20State shall have no claim to or against, or interest in, such 
21funds; provided that the fees collected by the State Treasurer 
22in accordance with this Act, scholarship programs administered 
23by the State Treasurer, and seed funds deposited by the State 
24Treasurer under Section 16.8 of the Act are State funds. 
25 (c-5) College Savings Pool Account Summaries. The State 
26Treasurer shall provide a separate accounting for each 
 
 
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1designated beneficiary. The separate accounting shall be 
2provided to the account owner of the account for the 
3designated beneficiary at least annually and shall show the 
4account balance, the investment in the account, the investment 
5earnings, and the distributions from the account. 
6 (d) Availability of the College Savings Pool. The State 
7Treasurer may permit persons, including trustees of trusts and 
8custodians under a Uniform Transfers to Minors Act or Uniform 
9Gifts to Minors Act account, and certain legal entities to be 
10account owners, including as part of a scholarship program, 
11provided that: (1) an individual, trustee or custodian must 
12have a valid social security number or taxpayer identification 
13number, be at least 18 years of age, and have a valid United 
14States street address; and (2) a legal entity must have a valid 
15taxpayer identification number and a valid United States 
16street address. In-state and out-of-state persons, trustees, 
17custodians, and legal entities may be account owners and 
18donors, and both in-state and out-of-state individuals may be 
19designated beneficiaries in the College Savings Pool.
20 (e) Fees. Any fees, costs, and expenses, including 
21investment fees and expenses and payments to third parties, 
22related to the College Savings Pool, shall be paid from the 
23assets of the College Savings Pool. The State Treasurer shall 
24establish fees to be imposed on accounts to cover such fees, 
25costs, and expenses, to the extent not paid directly out of the 
26investments of the College Savings Pool, and to maintain an 
 
 
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1adequate reserve fund in line with industry standards for 
2government operated funds. The Treasurer must use his or her 
3best efforts to keep these fees as low as possible and 
4consistent with administration of high quality competitive 
5college savings programs. 
6 (f) Investments in the State. To enhance the safety and 
7liquidity of the College Savings Pool, to ensure the 
8diversification of the investment portfolio of the College 
9Savings Pool, and in an effort to keep investment dollars in 
10the State of Illinois, the State Treasurer may make a 
11percentage of each account available for investment in 
12participating financial institutions doing business in the 
13State. 
14 (g) Investment policy. The Treasurer shall develop, 
15publish, and implement an investment policy covering the 
16investment of the moneys in each of the programs in the College 
17Savings Pool. The policy shall be published each year as part 
18of the audit of the College Savings Pool by the Auditor 
19General, which shall be distributed to all account owners in 
20such program. The Treasurer shall notify all account owners in 
21such program in writing, and the Treasurer shall publish in a 
22newspaper of general circulation in both Chicago and 
23Springfield, any changes to the previously published 
24investment policy at least 30 calendar days before 
25implementing the policy. Any investment policy adopted by the 
26Treasurer shall be reviewed and updated if necessary within 90 
 
 
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1days following the date that the State Treasurer takes office.
2 (h) Investment restrictions. An account owner may, 
3directly or indirectly, direct the investment of his or her 
4account only as provided in Section 529(b)(4) of the Internal 
5Revenue Code. Donors and designated beneficiaries, in those 
6capacities, may not, directly or indirectly, direct the 
7investment of an account. 
8 (i) Distributions. Distributions from an account in the 
9College Savings Pool may be used for the designated 
10beneficiary's qualified expenses, and if not used in that 
11manner, may be considered a nonqualified withdrawal. Funds 
12contained in a College Savings Pool account may be rolled over 
13into: 
14  (1) an eligible ABLE account, as defined in Section 
15 16.6 of this Act to the extent permitted by Section 529 of 
16 the Internal Revenue Code; , or 
17  (2) another qualified tuition program, to the extent 
18 permitted by Section 529 of the Internal Revenue Code; or 
19  (3) a Roth IRA account, to the extent permitted by 
20 Section 529 of the Internal Revenue Code.
21 Distributions made from the College Savings Pool may be 
22made directly to the eligible educational institution, 
23directly to a vendor, in the form of a check payable to both 
24the designated beneficiary and the institution or vendor, 
25directly to the designated beneficiary or account owner, or in 
26any other manner that is permissible under Section 529 of the 
 
 
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1Internal Revenue Code.
2 (j) Contributions. Contributions to the College Savings 
3Pool shall be as follows:
4  (1) Contributions to an account in the College Savings 
5 Pool may be made only in cash. 
6  (2) The Treasurer shall limit the contributions that 
7 may be made to the College Savings Pool on behalf of a 
8 designated beneficiary, as required under Section 529 of 
9 the Internal Revenue Code, to prevent contributions for 
10 the benefit of a designated beneficiary in excess of those 
11 necessary to provide for the qualified expenses of the 
12 designated beneficiary. The Pool shall not permit any 
13 additional contributions to an account as soon as the sum 
14 of (i) the aggregate balance in all accounts in the Pool 
15 for the designated beneficiary and (ii) the aggregate 
16 contributions in the Illinois Prepaid Tuition Program for 
17 the designated beneficiary reaches the specified balance 
18 limit established from time to time by the Treasurer. 
19 (k) Illinois Student Assistance Commission. The Treasurer 
20and the Illinois Student Assistance Commission shall each 
21cooperate in providing each other with account information, as 
22necessary, to prevent contributions in excess of those 
23necessary to provide for the qualified expenses of the 
24designated beneficiary, as described in subsection (j). 
25 The Treasurer shall work with the Illinois Student 
26Assistance Commission to coordinate the marketing of the 
 
 
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1College Savings Pool and the Illinois Prepaid Tuition Program 
2when considered beneficial by the Treasurer and the Director 
3of the Illinois Student Assistance Commission. 
4 (l) Prohibition; exemption. No interest in the program, or 
5any portion thereof, may be used as security for a loan. Moneys 
6held in an account invested in the College Savings Pool shall 
7be exempt from all claims of the creditors of the account 
8owner, donor, or designated beneficiary of that account, 
9except for the non-exempt College Savings Pool transfers to or 
10from the account as defined under subsection (j) of Section 
1112-1001 of the Code of Civil Procedure.
12 (m) Taxation. The assets of the College Savings Pool and 
13its income and operation shall be exempt from all taxation by 
14the State of Illinois and any of its subdivisions. The accrued 
15earnings on investments in the Pool once disbursed on behalf 
16of a designated beneficiary shall be similarly exempt from all 
17taxation by the State of Illinois and its subdivisions, so 
18long as they are used for qualified expenses. Contributions to 
19a College Savings Pool account during the taxable year may be 
20deducted from adjusted gross income as provided in Section 203 
21of the Illinois Income Tax Act. The provisions of this 
22paragraph are exempt from Section 250 of the Illinois Income 
23Tax Act.
24 (n) Rules. The Treasurer shall adopt rules he or she 
25considers necessary for the efficient administration of the 
26College Savings Pool. The rules shall provide whatever 
 
 
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1additional parameters and restrictions are necessary to ensure 
2that the College Savings Pool meets all the requirements for a 
3qualified tuition program under Section 529 of the Internal 
4Revenue Code. 
5 Notice of any proposed amendments to the rules and 
6regulations shall be provided to all account owners prior to 
7adoption.
8 (o) Bond. The State Treasurer shall give bond with at 
9least one surety, payable to and for the benefit of the account 
10owners in the College Savings Pool, in the penal sum of 
11$10,000,000, conditioned upon the faithful discharge of his or 
12her duties in relation to the College Savings Pool.
13 (p) The changes made to subsections (c) and (e) of this 
14Section by Public Act 101-26 are intended to be a restatement 
15and clarification of existing law. 
16(Source: P.A. 101-26, eff. 6-21-19; 101-81, eff. 7-12-19; 
17102-186, eff. 7-30-21.)

18 (15 ILCS 505/16.8)
19 Sec. 16.8. Illinois Higher Education Savings Program.
20 (a) Definitions. As used in this Section:
21 "Beneficiary" means an eligible child named as a recipient 
22of seed funds.
23 "Eligible child" means a child born or adopted after 
24December 31, 2022, to a parent who is a resident of Illinois at 
25the time of the birth or adoption, as evidenced by 
 
 
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1documentation received by the Treasurer from the Department of 
2Revenue, the Department of Public Health, or another State or 
3local government agency, or a parent or legal guardian of the 
4child.
5 "Eligible educational institution" means institutions that 
6are described in Section 1001 of the federal Higher Education 
7Act of 1965 that are eligible to participate in Department of 
8Education student aid programs.
9 "Fund" means the Illinois Higher Education Savings Program 
10Fund.
11 "Omnibus account" means the pooled collection of seed 
12funds owned and managed by the State Treasurer in the College 
13Savings Pool under this Act.
14 "Program" means the Illinois Higher Education Savings 
15Program.
16 "Qualified higher education expense" means the following: 
17(i) tuition, fees, and the costs of books, supplies, and 
18equipment required for enrollment or attendance at an eligible 
19educational institution; (ii) expenses for special needs 
20services, in the case of a special needs beneficiary, which 
21are incurred in connection with such enrollment or attendance; 
22(iii) certain expenses for the purchase of computer or 
23peripheral equipment, computer software, or Internet access 
24and related services as defined under Section 529 of the 
25Internal Revenue Code; (iv) room and board expenses incurred 
26while attending an eligible educational institution at least 
 
 
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1half-time; (v) expenses for fees, books, supplies, and 
2equipment required for the participation of a designated 
3beneficiary in an apprenticeship program registered and 
4certified with the Secretary of Labor under the National 
5Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as 
6principal or interest on any qualified education loan of the 
7designated beneficiary or a sibling of the designated 
8beneficiary, as allowed under Section 529 of the Internal 
9Revenue Code.
10 "Seed funds" means the deposit made by the State Treasurer 
11into the Omnibus Accounts for Program beneficiaries.
12 (b) Program established. The State Treasurer shall 
13establish the Illinois Higher Education Savings Program as a 
14part of the College Savings Pool under Section 16.5 of this 
15Act, subject to appropriation by the General Assembly. The 
16State Treasurer shall administer the Program for the purposes 
17of expanding access to higher education through savings.
18 (c) Program enrollment. The State Treasurer shall enroll 
19all eligible children in the Program beginning in 2023, after 
20receiving records of recent births, adoptions, or dependents 
21from the Department of Revenue, the Department of Public 
22Health, or another State or local government agency designated 
23by the Treasurer, or documentation as may be required by the 
24Treasurer from a parent or legal guardian of the eligible 
25child. Notwithstanding any court order which would otherwise 
26prevent the release of information, the Department of Public 
 
 
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1Health is authorized to release the information specified 
2under this subsection (c) to the State Treasurer for the 
3purposes of the Program established under this Section.
4  (1) Beginning in 2021, the Department of Public Health 
5 shall provide the State Treasurer with information on 
6 recent Illinois births and adoptions including, but not 
7 limited to: the full name, residential address, birth 
8 date, and birth record number of the child and the full 
9 name and residential address of the child's parent or 
10 legal guardian for the purpose of enrolling eligible 
11 children in the Program. This data shall be provided to 
12 the State Treasurer by the Department of Public Health on 
13 a quarterly basis, no later than 30 days after the end of 
14 each quarter, or some other date and frequency as mutually 
15 agreed to by the State Treasurer and the Department of 
16 Public Health.
17  (1.5) Beginning in 2021, the Department of Revenue 
18 shall provide the State Treasurer with information on tax 
19 filers claiming dependents or the adoption tax credit 
20 including, but not limited to: the full name, residential 
21 address, email address, phone number, birth date, and 
22 social security number or taxpayer identification number 
23 of the dependent child and of the child's parent or legal 
24 guardian for the purpose of enrolling eligible children in 
25 the Program. This data shall be provided to the State 
26 Treasurer by the Department of Revenue on at least an 
 
 
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1 annual basis, by July 1 of each year or another date 
2 jointly determined by the State Treasurer and the 
3 Department of Revenue. Notwithstanding anything to the 
4 contrary contained within this paragraph (2), the 
5 Department of Revenue shall not be required to share any 
6 information that would be contrary to federal law, 
7 regulation, or Internal Revenue Service Publication 1075. 
8  (2) The State Treasurer shall ensure the security and 
9 confidentiality of the information provided by the 
10 Department of Revenue, the Department of Public Health, or 
11 another State or local government agency, and it shall not 
12 be subject to release under the Freedom of Information 
13 Act.
14  (3) Information provided under this Section shall only 
15 be used by the State Treasurer for the Program and shall 
16 not be used for any other purpose.
17  (4) The State Treasurer and any vendors working on the 
18 Program shall maintain strict confidentiality of any 
19 information provided under this Section, and shall 
20 promptly provide written or electronic notice to the 
21 providing agency of any security breach. The providing 
22 State or local government agency shall remain the sole and 
23 exclusive owner of information provided under this 
24 Section.
25 (d) Seed funds. After receiving information on recent 
26births, adoptions, or dependents from the Department of 
 
 
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1Revenue, the Department of Public Health, or another State or 
2local government agency, or documentation as may be required 
3by the State Treasurer from a parent or legal guardian of the 
4eligible child, the State Treasurer shall make deposits into 
5an omnibus account on behalf of eligible children. The State 
6Treasurer shall be the owner of the omnibus accounts.
7  (1) Deposit amount. The seed fund deposit for each 
8 eligible child shall be in the amount of $50. This amount 
9 may be increased by the State Treasurer by rule. The State 
10 Treasurer may use or deposit funds appropriated by the 
11 General Assembly together with moneys received as gifts, 
12 grants, or contributions into the Fund. If insufficient 
13 funds are available in the Fund, the State Treasurer may 
14 reduce the deposit amount or forego deposits.
15  (2) Use of seed funds. Seed funds, including any 
16 interest, dividends, and other earnings accrued, will be 
17 eligible for use by a beneficiary for qualified higher 
18 education expenses if:
19   (A) the parent or guardian of the eligible child 
20 claimed the seed funds for the beneficiary by the 
21 beneficiary's 10th birthday;
22   (B) the beneficiary has completed secondary 
23 education or has reached the age of 18; and
24   (C) the beneficiary is currently a resident of the 
25 State of Illinois. Non-residents are not eligible to 
26 claim or use seed funds.
 
 
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1  (3) Notice of seed fund availability. The State 
2 Treasurer shall make a good faith effort to notify 
3 beneficiaries and their parents or legal guardians of the 
4 seed funds' availability and the deadline to claim such 
5 funds.
6  (4) Unclaimed seed funds. Seed funds and any interest 
7 earnings that are unclaimed by the beneficiary's 10th 
8 birthday or unused by the beneficiary's 26th birthday will 
9 be considered forfeited. Unclaimed and unused seed funds 
10 and any interest earnings will remain in the omnibus 
11 account for future beneficiaries.
12 (e) Financial education. The State Treasurer may develop 
13educational materials that support the financial literacy of 
14beneficiaries and their legal guardians, and may do so in 
15collaboration with State and federal agencies, including, but 
16not limited to, the Illinois State Board of Education and 
17existing nonprofit agencies with expertise in financial 
18literacy and education.
19 (f) Supplementary deposits and partnerships. The State 
20Treasurer may make supplementary deposits to children in 
21financially insecure households if sufficient funds are 
22available. Furthermore, the State Treasurer may develop 
23partnerships with private, nonprofit, or governmental 
24organizations to provide additional savings incentives, 
25including conditional cash transfers or matching contributions 
26that provide a savings incentive based on specific actions 
 
 
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1taken or other criteria.
2 (g) Illinois Higher Education Savings Program Fund. The 
3Illinois Higher Education Savings Program Fund is hereby 
4established as a special fund in the State treasury. The Fund 
5shall be the official repository of all contributions, 
6appropriated funds, interest, and dividend payments, gifts, or 
7other financial assets received by the State Treasurer in 
8connection with the operation of the Program or related 
9partnerships. All such moneys shall be deposited into the Fund 
10and held by the State Treasurer as custodian thereof. The 
11State Treasurer may accept gifts, grants, awards, matching 
12contributions, interest income, and appropriated funds from 
13individuals, businesses, governments, and other third-party 
14sources to implement the Program on terms that the Treasurer 
15deems advisable. All interest or other earnings accruing or 
16received on amounts in the Illinois Higher Education Savings 
17Program Fund shall be credited to and retained by the Fund and 
18used for the benefit of the Program. Assets of the Fund must at 
19all times be preserved, invested, and expended only for the 
20purposes of the Program and must be held for the benefit of the 
21beneficiaries. Assets may not be transferred or used by the 
22State or the State Treasurer for any purposes other than the 
23purposes of the Program. In addition, no moneys, interest, or 
24other earnings paid into the Fund shall be used, temporarily 
25or otherwise, for inter-fund borrowing or be otherwise used or 
26appropriated except as expressly authorized by this Act. 
 
 
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1Notwithstanding the requirements of this subsection (g), 
2amounts in the Fund may be used by the State Treasurer to pay 
3the administrative costs of the Program.
4 (g-5) Fund deposits and payments. On July 15 of each year, 
5beginning July 15, 2023, or as soon thereafter as practical, 
6the State Comptroller shall direct and the State Treasurer 
7shall transfer the sum of $2,500,000, or the amount that is 
8appropriated annually by the General Assembly, whichever is 
9greater, from the General Revenue Fund to the Illinois Higher 
10Education Savings Program Fund to be used for the 
11administration and operation of the Program. 
12 (h) Audits and reports. The State Treasurer shall include 
13the Illinois Higher Education Savings Program as part of the 
14audit of the College Savings Pool described in Section 16.5. 
15The State Treasurer shall annually prepare a report that 
16includes a summary of the Program operations for the preceding 
17fiscal year, including the number of children enrolled in the 
18Program, the total amount of seed fund deposits, the rate of 
19seed deposits claimed, and, to the extent data is reported and 
20available, the racial, ethnic, socioeconomic, and geographic 
21data of beneficiaries and of children in financially insecure 
22households who may receive automatic bonus deposits. Such 
23other information that is relevant to make a full disclosure 
24of the operations of the Program and Fund may also be reported. 
25The report shall be made available on the Treasurer's website 
26by January 31 each year, starting in January of 2024. The State 
 
 
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1Treasurer may include the Program in other reports as 
2warranted.
3 (i) Rules. The State Treasurer may adopt rules necessary 
4to implement this Section.
5(Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21; 
6102-1047, eff. 1-1-23; 103-8, eff. 6-7-23.)