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Committee advances ABLE cleanup to align Montana with federal eligibility change
Summary
The committee approved HB 671 to add the Internal Revenue Code into Montana's ABLE Act definitions, extending age-of-onset eligibility from 26 to 46 and bringing state law into alignment with federal changes; proponents said it costs the state nothing and it passed 20–1 in executive action.
Representative Melissa Nicola Kakos introduced HB 671 as a technical "cleanup" to bring Montana’s Achieving a Better Life Experience (ABLE) Act into alignment with recent federal changes that raise the age of disability onset from 26 to 46. She said the bill simply adds the Internal Revenue Code into the act’s definition sections so future federal changes carry through to state law.
Kathleen Magone, a member of the state ABLE account oversight committee, urged approval and said the change will let people diagnosed before age 46, including disabled veterans, access ABLE account benefits; she told the committee the effective date for the age change would be 01/01/2026 and stated the change "will not cost the state anything." Theresa Baldry also testified in favor.
Brian Olson of the Department of Revenue appeared as an informational witness and described the measure as a straightforward way to avoid conflicts between federal and state rules and administrative penalties. Committee members asked technical questions about reporting and tax subtraction; Olson explained that the bill prevents Montana law from penalizing behavior that federal law allows.
At executive action the committee passed HB 671 by a vote of 20 to 1. The bill’s immediate effect is administrative: it changes the tax-code references in the ABLE statute to ensure consistency with federal law and to extend eligibility under the state program to match the federal standard. Advocates said this will expand access without a state fiscal cost.
