H.B. 91

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 29, 2009 at 2:22 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 5, 2009 at 11:29 AM by jeyring. --> 1

INDIVIDUAL DEVELOPMENT ACCOUNT
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: F. Jay Seegmiller
6 Senate Sponsor: Karen W. Morgan
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Employment Support Act regarding individual
11 development accounts in the Family Employment Program.
12 Highlighted Provisions:
13 This bill:
14 . provides that an individual development account may be established for the purpose
15 of allowing a client with a disability to accumulate funds for the purchase of
16 assistive technologies, vehicle modifications, or home improvements that will allow
17 the client to participate in work-related activities H. [; and
18 . provides that funds held in an individual development account may not be used in
19 determining eligibility for assistance, or the amount of assistance to be received, in
20 a state or federal means-tested program ] .H .
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 35A-3-312, as enacted by Laws of Utah 1997, Chapter 174

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 35A-3-312 is amended to read:
31 35A-3-312. Individual development accounts.
32 (1) As used in this section:
33 (a) "Individual development account" means a trust account funded through periodic
34 contributions by a client and matched by or through a not-for-profit organization organized
35 under Section 501(c)(3), Internal Revenue Code.
36 (b) "Qualified acquisition costs" means the costs of acquiring, constructing, or
37 reconstructing a residence, including settlement and closing costs.
38 (c) "Qualified businesses capitalization expenses" means expenditures for capital,
39 plant, equipment, working capital, and inventory.
40 (2) An individual development account may be established by or on behalf of a client
41 to enable a client to accumulate funds for the following purposes:
42 (a) postsecondary educational expenses after leaving cash assistance, including tuition,
43 fees, books, supplies, and transportation costs, if paid from the individual development account
44 directly to an educational institution that the parent client is attending as part of an employment
45 plan;
46 (b) qualified acquisition costs associated with a first-time home purchase if paid from
47 the individual development account directly to a person to whom the amount is due; [or]
48 (c) amounts paid from an individual development account directly to a business
49 capitalization account that is established in a federally insured financial institution and used
50 solely for qualified business capitalization expenses[.]; or
51 (d) the purchase of assistive technologies, vehicle modifications, or home
52 improvements that will allow a client with a disability to participate in work-related activities.
53 (3) H. [ (a) ] .H A client may only deposit earned income and funds received from a
54 not-for-profit organization into an individual development account.
55 H. [ (b) Funds held in an individual development account may not be used in determining
56 eligibility for assistance, or the amount of assistance to be received, in a state or federal
57 means-tested program unless otherwise required by federal law or regulation . ] .H

Legislative Review Note
as of 1-6-09 11:08 AM

Office of Legislative Research and General Counsel