Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 42 Second Substitute (2015GS)

Sponsor

Sen. Escamilla, L.

Final action

LFA/ fiscal note publicly available 4/3/2015

Outcome

LFA/ fiscal note publicly available

Summary

What it does

• This bill:
• provides that money refunded to the Employment Development Division through an assignment of support shall be retained by the division and may be used by the division for the General Assistance program under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

GENERAL ASSISTANCE PROGRAM CHANGES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
 Edward H. Redd
LONG TITLE
General Description:
This bill modifies how money refunded to the Employment Development Division
through an assignment of support may be used by the division.
Highlighted Provisions:
This bill:
▸ provides that money refunded to the Employment Development Division through an
assignment of support shall be retained by the division and may be used by the
division for the General Assistance program under certain circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-3-108
, as last amended by Laws of Utah 2011, Chapter 297
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-3-108
 is amended to read:
35A-3-108.
Assignment of support.
(1) (a) The division shall obtain an assignment of support from each applicant or client
regardless of whether the payment is court ordered.
(b) Upon the receipt of assistance, [
any
] 
the
 right to receive support from another
person passes to the state, even if the client has not executed and delivered an assignment to the
division as required by Subsection (1)(a).
(c) The right to support described in Subsection (1)(b) includes a right to support in the
applicant's or client's own behalf or in behalf of [
any
] 
a
 family member for whom the applicant
or client is applying for or receiving assistance.
(2) An assignment of support or a passing of rights under Subsection (1)(b) includes
payments ordered, decreed, or adjudged by [
any
] 
a
 court within this state, [
any other
] 
another
state, or 
a
 territory of the United States and is not in lieu of, and does not supersede or alter,
any other court order, decree, or judgment.
(3) When an assignment is executed or the right to support passes to the department
under Subsection (1)(b), the applicant or client is eligible to regular monthly assistance and the
support paid to the division is a refund.
[
(4) All sums refunded, except any amount which is required to be credited to the
federal government, shall be deposited into the General Fund.
]
(4) (a) A refund as described in Subsection (3) that offsets a benefit provided to a
recipient of General Assistance as defined in Section 
35A-3-102
 shall be retained by the
division and may be used by the division to provide General Assistance to other recipients,
unless the refund is required to be credited to the federal government.
(b) Except as provided in Subsection (4)(a), a refund as described in Subsection (3)
that is not required to be credited to the federal government shall be deposited into the General
Fund.
(5) On and after the date a family stops receiving cash assistance, an assignment of
support under Subsection (1) does not apply to [
any
] support that accrued before the family
received such assistance if the department has not collected the support by the date the family
stops receiving cash assistance[
, if the assignment is executed on or after October 1, 1998
].
(6) The department shall distribute arrearages to families in accordance with the Social
Security Act, 42 U.S.C. Sec. 657.
(7) The total amount of child support assigned to the department and collected under
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