1     
GENERAL ASSISTANCE PROGRAM CHANGES

2     
2015 GENERAL SESSION

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STATE OF UTAH

4     
Chief Sponsor: Luz Escamilla

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House Sponsor: Edward H. Redd

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7     LONG TITLE
8     General Description:
9          This bill modifies how money refunded to the Employment Development Division
10     through an assignment of support may be used by the division.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that money refunded to the Employment Development Division through an
14     assignment of support shall be retained by the division and may be used by the
15     division for the General Assistance program under certain circumstances; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          35A-3-108, as last amended by Laws of Utah 2011, Chapter 297
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 35A-3-108 is amended to read:
27          35A-3-108. Assignment of support.
28          (1) (a) The division shall obtain an assignment of support from each applicant or client
29     regardless of whether the payment is court ordered.
30          (b) Upon the receipt of assistance, [any] the right to receive support from another
31     person passes to the state, even if the client has not executed and delivered an assignment to the
32     division as required by Subsection (1)(a).
33          (c) The right to support described in Subsection (1)(b) includes a right to support in the
34     applicant's or client's own behalf or in behalf of [any] a family member for whom the applicant
35     or client is applying for or receiving assistance.
36          (2) An assignment of support or a passing of rights under Subsection (1)(b) includes
37     payments ordered, decreed, or adjudged by [any] a court within this state, [any other] another
38     state, or a territory of the United States and is not in lieu of, and does not supersede or alter,
39     any other court order, decree, or judgment.
40          (3) When an assignment is executed or the right to support passes to the department
41     under Subsection (1)(b), the applicant or client is eligible to regular monthly assistance and the
42     support paid to the division is a refund.
43          [(4) All sums refunded, except any amount which is required to be credited to the
44     federal government, shall be deposited into the General Fund.]
45          (4) (a) A refund as described in Subsection (3) that offsets a benefit provided to a
46     recipient of General Assistance as defined in Section 35A-3-102 shall be retained by the
47     division and may be used by the division to provide General Assistance to other recipients,
48     unless the refund is required to be credited to the federal government.
49          (b) Except as provided in Subsection (4)(a), a refund as described in Subsection (3)
50     that is not required to be credited to the federal government shall be deposited into the General
51     Fund.
52          (5) On and after the date a family stops receiving cash assistance, an assignment of
53     support under Subsection (1) does not apply to [any] support that accrued before the family
54     received such assistance if the department has not collected the support by the date the family
55     stops receiving cash assistance[, if the assignment is executed on or after October 1, 1998].
56          (6) The department shall distribute arrearages to families in accordance with the Social
57     Security Act, 42 U.S.C. Sec. 657.
58          (7) The total amount of child support assigned to the department and collected under
59     this section may not exceed the total amount of cash assistance received by the recipient.




Legislative Review Note
     as of 11-17-14 2:48 PM

Office of Legislative Research and General Counsel