1     
FINANCIAL EDUCATION AND SAVINGS PLAN TO

2     
BENEFIT AT-RISK CHILDREN

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lincoln Fillmore

6     
House Sponsor: Rebecca P. Edwards

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to the Utah Workforce Services Code.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Parental Coaching to Encourage Student Savings Program within the
15     Department of Workforce Services;
16          ▸     describes the program, which provides:
17               •     financial training to parents of economically disadvantaged children attending
18     kindergarten to encourage the parents to start saving money for their child's
19     eventual higher education expenses; and
20               •     a financial contribution to the 529 savings accounts of economically
21     disadvantaged children attending kindergarten, if their parents successfully meet
22     the requirements of the program; and
23          ▸     describes the reporting and other requirements of the Department of Workforce
24     Services related to the program.
25     Money Appropriated in this Bill:
26          This bill appropriates in fiscal year 2018:
27          ▸     to the Department of Workforce Services -- Administration, as an ongoing

28     appropriation:
29               •     from the General Fund, $500,000.
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     ENACTS:
34          35A-3-901, Utah Code Annotated 1953
35          35A-3-902, Utah Code Annotated 1953
36          35A-3-903, Utah Code Annotated 1953
37          35A-3-904, Utah Code Annotated 1953
38          53A-3-433, Utah Code Annotated 1953
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 35A-3-901 is enacted to read:
42     
Part 9. Parental Coaching to Encourage Student Savings Program

43          35A-3-901. Title.
44          This part is known as the "Parental Coaching to Encourage Student Savings Program."
45          Section 2. Section 35A-3-902 is enacted to read:
46          35A-3-902. Definitions.
47          As used in this part:
48          (1) "529 savings account" means a tax-advantaged method of saving for higher
49     education costs on behalf of a particular individual that:
50          (a) meets the requirements of Section 529, Internal Revenue Code; and
51          (b) is managed by the Utah Educational Savings Plan created in Section 53B-8a-103.
52          (2) "Economically disadvantaged" means that a qualified child is:
53          (a) experiencing intergenerational poverty;
54          (b) receiving SNAP benefits; or
55          (c) receiving Medicaid benefits.
56          (3) "Intergenerational poverty" means the same as that term is defined in Section
57     35A-9-102.
58          (4) "Parent applicant" means an applicant for the program who is a parent, legal

59     custodian, or legal guardian of a qualified child and who is living with the qualified child.
60          (5) "Parental coaching" means the training described in Subsection 35A-3-903(4).
61          (6) "Program" means the Parental Coaching to Encourage Student Savings Program
62     created in Section 35A-3-903.
63          (7) "Qualified child" means a child who is:
64          (a) five or six years old; and
65          (b) economically disadvantaged.
66          Section 3. Section 35A-3-903 is enacted to read:
67          35A-3-903. Program creation and description.
68          (1) There is created the Parental Coaching to Encourage Student Savings Program.
69          (2) The program shall be administered by the department.
70          (3) The program shall provide:
71          (a) parental coaching of a parent applicant as described in Subsection (4);
72          (b) a one-time contribution of $50 made by the department to a 529 savings account on
73     behalf of a qualified child, if one or more parent applicants successfully complete the parental
74     coaching described in Subsection (4); and
75          (c) an additional one-time matching contribution of $50 made by the department to a
76     529 savings account on behalf of a qualified child if:
77          (i) one or more parent applicants provide evidence to the department of having
78     contributed at least $50 to the 529 savings account on behalf of the qualified child; or
79          (ii) the Utah Educational Savings Plan informs the department that one or more parent
80     applicants have contributed at least $50 to the 529 savings account on behalf of the qualified
81     child.
82          (4) The department shall ensure that parental coaching:
83          (a) is a program of financial coaching designed to teach a parent applicant the
84     advantages of beginning a savings program for future higher education expenses of the parent
85     applicant's child while the child is still young;
86          (b) demonstrates to a parent applicant how compound interest works in increasing
87     savings over time;
88          (c) describes to a parent applicant the general financial and other advantages of
89     individuals who obtain education beyond the high school level;

90          (d) provides information to a parent applicant on opening a 529 savings account on
91     behalf of the parent applicant's child;
92          (e) encourages a parent applicant to be actively involved in the education of the parent
93     applicant's child; and
94          (f) is provided at no cost to a parent applicant.
95          (5) Parental coaching may be offered by the department or any of the following if
96     approved by the department:
97          (a) a civic organization, if the executive director follows the procedures for contracting
98     with a civic organization for the provision of social capital as described in Section 35A-3-507;
99          (b) a for-profit entity;
100          (c) an educational institution; or
101          (d) any state or local entity.
102          (6) A parent applicant may apply to the department, in a form approved by the
103     department, to participate in the program.
104          (7) The department shall verify that the parent applicant is eligible for the program,
105     including that the parent applicant is the parent, legal custodian, or legal guardian of a qualified
106     child and is living with the qualified child.
107          (8) Within 30 days of a parent applicant completing the parental coaching portion of
108     the program, the department, in cooperation with the Utah Educational Savings Plan:
109          (a) shall open a 529 savings account in the name of the parent applicant with the
110     qualified child as the beneficiary;
111          (b) subject to Subsection (8)(c), will deposit $50 into the 529 savings account; and
112          (c) will ensure that the maximum total contribution for each qualified child under this
113     Subsection (8) is no more than $50, even if more than one parent applicant of a qualified child
114     participates in the parental coaching described in this section.
115          (9) (a) Subject to Subsection (9)(b), if within 60 days of a parent applicant completing
116     the parental coaching portion of the program, the parent applicant or the Utah Educational
117     Savings Plan provides evidence to the department of having contributed $50 to the 529 savings
118     account opened under Subsection (8), the department will contribute a matching contribution
119     of $50 to the 529 savings account within 30 days of receiving evidence of the parent applicant
120     contribution.

121          (b) The department shall ensure that the maximum total contribution for each qualified
122     child under this Subsection (9) is no more than $50, even if more than one parent applicant of a
123     qualified child contributes to the 529 savings account.
124          (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
125     the department shall make rules to administer this part, to coordinate with the Utah Educational
126     Savings Plan, and to provide information to local education agencies so that local education
127     agencies can notify potential participants about the program as described in Section 53A-3-433.
128          Section 4. Section 35A-3-904 is enacted to read:
129          35A-3-904. Reporting.
130          As part of the annual written report described in Section 35A-1-109, the department
131     shall:
132          (1) provide the number of parent applicants who have participated in the program;
133          (2) provide the number of parent applicants who have completed parental coaching;
134          (3) provide the number of qualified children who have received a contribution from the
135     program to the 529 savings account opened on behalf of the qualified children;
136          (4) describe any marketing efforts by the department to make the families of qualified
137     children aware of the program;
138          (5) describe efforts to fund the program through private charitable donations; and
139          (6) make recommendations to the Legislature regarding the effectiveness of the
140     program and any suggestions for improving the program.
141          Section 5. Section 53A-3-433 is enacted to read:
142          53A-3-433. Parental Coaching to Encourage Student Savings Program
143     notification requirements.
144          (1) As used in this section:
145          (a) "Local education agency" or "LEA" means:
146          (i) a school district;
147          (ii) a charter school; or
148          (iii) the Utah Schools for the Deaf and the Blind.
149          (2) On or before October 1 of each school year, each LEA that offers kindergarten shall
150     provide to a parent, legal custodian, or legal guardian of each incoming kindergarten student
151     who is eligible for free lunch, written notification regarding the Parental Coaching to

152     Encourage Student Savings Program created in Section 35A-3-903.
153          Section 6. Appropriation.
154          The following sums of money are appropriated for the fiscal year beginning July 1,
155     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
156     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
157     Act, the Legislature appropriates the following sums of money from the funds or accounts
158     indicated for the use and support of the government of the state of Utah.
159          To the Department of Workforce Services -- Administration
160               From General Fund
$500,000

161               Schedule of Programs:
162                    Administration                    $500,000
163          The Legislature intends that the Department of Workforce Services use the
164     appropriation under this section to carry out the program described in Sections 35A-3-901
165     through 35A-3-904.






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Office of Legislative Research and General Counsel