reglab/statecodes huggingface dataset:
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 21 - Private Activity Bonds › Section 2105 - Allocation of volume cap.

Effective 7/1/2022
35A-8-2105.
Allocation of volume cap.
(1)
(a) Subject to Subsection (1)(b), the volume cap for each year shall be distributed by the board of review to the allotment accounts as described in Section 35A-8-2106.
(b) The board of review may distribute up to 50% of each increase in the volume cap for use in development that occurs in quality growth areas, depending upon the board's analysis of the relative need for additional volume cap between development in quality growth areas and the allotment accounts under Section 35A-8-2106.
(2) To obtain an allocation of the volume cap, issuing authorities shall submit to the board of review an application containing information required by the procedures and processes of the board of review.
(3)
(a) The board of review shall establish criteria for making allocations of volume cap that are consistent with the purposes of the code and this part.
(b) In making an allocation of volume cap the board of review shall consider the following:
(i) the principal amount of the bonds proposed to be issued;
(ii) the nature and the location of the project or the type of program;
(iii) the likelihood that the bonds will be sold and the timeframe of bond issuance;
(iv) whether the project or program could obtain adequate financing without an allocation of volume cap;
(v) the degree to which an allocation of volume cap is required for the project or program to proceed or continue;
(vi) the social, health, economic, and educational effects of the project or program on the local community and state as a whole;
(vii) the anticipated economic development created or retained within the local community and the state as a whole;
(viii) the anticipated number of jobs, both temporary and permanent, created or retained within the local community and the state as a whole; and
(ix) if the project is a residential rental project, the degree to which the residential rental project:
(A) targets lower income populations; and
(B) is accessible housing.
(4) The board of review shall provide evidence of an allocation of volume cap by issuing a certificate in accordance with Section 35A-8-2107.
(5)
(a) Subject to Subsection (5)(c), from January 1 to June 30 of each year, the board of review shall set aside at least 50% of the Small Issue Bond Account that may only be allocated to manufacturing projects.
(b) Subject to Subsection (5)(c), from July 1 to August 15 of each year, the board of review shall set aside at least 50% of the Pool Account that may only be allocated to manufacturing projects.
(c) The board of review is not required to set aside any unused volume cap under Subsection 35A-8-2106(2)(c) to satisfy the requirements of Subsection (5)(a) or (b).
Amended by Chapter 68, 2022 General Session
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 21 - Private Activity Bonds › Section 2106 - Allotment accounts.

Effective 6/1/2022
35A-8-2106.
Allotment accounts.
(1) There are created the following allotment accounts:
(a) the Single Family Housing Account, for which eligible issuing authorities are those authorized under the code and state statute to issue qualified mortgage bonds under Section 143 of the code;
(b) the Student Loan Account, for which eligible issuing authorities are those authorized under the code and state statute to issue qualified student loan bonds under Section 144(b) of the code;
(c) the Small Issue Bond Account, for which eligible issuing authorities are those authorized under the code and state statute to issue:
(i) qualified small issue bonds under Section 144(a) of the code;
(ii) qualified exempt facility bonds for qualified residential rental projects under Section 142(d) of the code; or
(iii) qualified redevelopment bonds under Section 144(c) of the code;
(d) the Exempt Facilities Account, for which eligible issuing authorities are those authorized under the code and state statute to issue any bonds requiring an allocation of volume cap other than for purposes described in Subsection (1)(a), (b), or (c);
(e) the Pool Account, for which eligible issuing authorities are those authorized under the code and state statute to issue any bonds requiring an allocation of volume cap; and
(f) the Carryforward Account, for which eligible issuing authorities are those with projects or programs qualifying under Section 146(f) of the code.
(2)
(a) The volume cap shall be distributed to the allotment accounts on January 1 of each year on the following basis:
(i) 42% to the Single Family Housing Account;
(ii) 33% to the Student Loan Account;
(iii) 1% to the Exempt Facilities Account; and
(iv) 24% to the Small Issue Bond Account.
(b) From July 1 to September 30 of each year, the board of review may transfer any unallocated volume cap from the Exempt Facilities Account or the Small Issue Bond Account to the Pool Account.
(c) Upon written notification by the issuing authorities eligible for volume cap allocation from the Single Family Housing Account or the Student Loan Account that all or a portion of volume cap distributed into that allotment account will not be used, the board of review may transfer the unused volume cap to any other allotment account.
(d) From October 1 to the third Friday of December of each year, the board of review shall transfer all unallocated volume cap into the Pool Account.
(e) On the third Saturday of December of each year, the board of review shall transfer uncollected volume cap, or allocated volume cap for which bonds have not been issued prior to the third Saturday of December, into the Carryforward Account.
(f) If the authority to issue bonds designated in any allotment account is rescinded by amendment to the code, the board of review may transfer any unallocated volume cap from that allotment account to any other allotment account.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 21 - Private Activity Bonds › Section 2107 - Certificates of allocation.

Effective 7/1/2018
35A-8-2107.
Certificates of allocation.
(1)
(a) After an allocation of volume cap for a project or program is approved by the board of review, the board of review shall issue a numbered certificate of allocation stating the amount of the allocation, the allotment account for which the allocation is being made, and the expiration date of the allocation.
(b) The certificates of allocation shall be mailed to the issuing authority within 10 working days of the date of approval.
(c) Bonds are not entitled to any allocation of the volume cap unless the issuing authority received a certificate of allocation with respect to the bonds.
(d)
(i) Certificates of allocation shall remain in effect for a period of 90 days from the date of approval.
(ii) If bonds for which a certificate has been approved are not issued within the 90-day period, the certificate of allocation is void and volume cap shall be returned to the applicable allotment account for reallocation by the board of review.
(2)
(a) An issuing authority receiving an allocation of volume cap from the Carryforward Account shall receive a certificate of allocation similar to the certificates of allocation described in Subsection (1) from the board of review stating the amount of allocation from the Carryforward Account that has been allocated to the issuing authority and the expiration of the allocation.
(b)
(i) If in the judgment of the board of review an issuing authority or a person or entity responsible for a project or program receiving an allocation from the Carryforward Account does not proceed with diligence in providing for the issuance of the bonds with respect to the project or program, and because of the lack of diligence the volume cap cannot be used, the board of review may exclude from the board of review's consideration for a given period of time, determined by the board of review, an application of the issuing authority, person, or entity.
(ii) The board of review may, at any time, review and modify the board of review's decisions relating to the exclusion described in this Subsection (2)(b).
Renumbered and Amended by Chapter 182, 2018 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 21 - Private Activity Bonds › Section 2108 - Issuing authorities -- Limitations -- Duties.

Effective 7/1/2018
35A-8-2108.
Issuing authorities -- Limitations -- Duties.
(1)
(a) Notwithstanding any law to the contrary, an issuing authority issuing bonds without a certificate of allocation issued under Section 35A-8-2107, or an issuing authority issuing bonds after the expiration of a certificate of allocation, is not entitled to an allocation of the volume cap for those bonds.
(b) An issuing authority issuing bonds in excess of the amount set forth in the related certificate of allocation is not entitled to an allocation of the volume cap for the excess.
(2) Each issuing authority shall:
(a) advise the board of review, within 15 days after the issuance of bonds, of the principal amount of bonds issued under each certificate of allocation by delivering to the board of review a copy of the Form 8038 that was delivered or shall be delivered to the Internal Revenue Service in connection with the bonds, or, if no Form 8038 is required to be delivered to the Internal Revenue Service, a completed copy of a Form 8038 prepared for the board of review with respect to the bonds; and
(b) if all or a stated portion of the bonds for which a certificate of allocation was received will not be issued, advise the board of review in writing, within 15 days of the earlier of:
(i) the final decision not to issue all or a stated portion of the bonds; or
(ii) the expiration of the certificate of allocation.
(3) Failure by an issuing authority to notify the board of review under Subsection (2), including failure to timely deliver a Form 8038, may, in the sole discretion of the board of review, result in the board of review denying further consideration of applications from the issuing authority.
Renumbered and Amended by Chapter 182, 2018 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 21 - Private Activity Bonds › Section 2109 - Procedures -- Adjudicative proceedings.

Effective 7/1/2018
35A-8-2109.
Procedures -- Adjudicative proceedings.
The board of review shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the board of review's adjudicative proceedings.
Renumbered and Amended by Chapter 182, 2018 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 21 - Private Activity Bonds › Section 2110 - Duties of the department.

Effective 7/1/2018
35A-8-2110.
Duties of the department.
(1) The department is recognized as an issuing authority as defined in Section 35A-8-2102, entitled to issue bonds from the Small Issue Bond Account created in Subsection 35A-8-2106(1)(c) as a part of the state's private activity bond volume cap authorized by the Internal Revenue Code and computed under Section 146, Internal Revenue Code.
(2) To promote and encourage the issuance of bonds from the Small Issue Bond Account for manufacturing projects, the department may:
(a) develop campaigns and materials that inform qualified small manufacturing businesses about the existence of the program and the application process;
(b) assist small businesses in applying for and qualifying for these bonds; and
(c) develop strategies to lower the cost to small businesses of applying for and qualifying for these bonds, including making arrangements with financial advisors, underwriters, bond counsel, and other professionals involved in the issuance process to provide services at a reduced rate when the department can provide such service providers with a high volume of applicants or issues.
Renumbered and Amended by Chapter 182, 2018 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 22 - Commission on Housing Affordability › Section 2201 - Definitions.

Effective 5/12/2020
35A-8-2201.
Definitions.
As used in this part:
(1) "Commission" means the Commission on Housing Affordability created in Section 35A-8-2202.
(2) "Housing affordability" means the ability of a household to occupy a housing unit paying no more than 30% of the household's income for gross housing costs, including utilities.
(3) "Moderate income housing unit" means a housing unit where a household whose income is no more than 80% of the area median income is able to occupy the housing unit paying no more than 30% of the household's income for gross housing costs, including utilities.
(4) "Replacement unit" means a moderate income housing unit that:
(a) is comparable in quality to a permanently vacated or destroyed moderate income housing unit;
(b) meets state and local health and housing codes;
(c) is comparable to the permanently vacated or destroyed moderate income housing unit in number of bedrooms and square footage; and
(d) is located, to the extent practicable, in the same political subdivision as the permanently vacated or destroyed moderate income housing unit.
Amended by Chapter 268, 2020 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 22 - Commission on Housing Affordability › Section 2203 - Duties of the commission.

Effective 6/1/2022
35A-8-2203.
Duties of the commission.
(1) The commission shall:
(a) serve as a subcommittee of the Unified Economic Opportunity Commission and assist the Unified Economic Opportunity Commission in performing the Unified Economic Opportunity Commission's duties under Section 63N-1a-202;
(b) increase public and government awareness and understanding of the housing affordability needs of the state and how those needs may be most effectively and efficiently met, through empirical study and investigation;
(c) identify and recommend implementation of specific strategies, policies, procedures, and programs to address the housing affordability needs of the state;
(d) facilitate the communication and coordination of public and private entities that are involved in developing, financing, providing, advocating for, and administering affordable housing in the state;
(e) study, evaluate, and report on the status and effectiveness of policies, procedures, and programs that address housing affordability in the state;
(f) study and evaluate the policies, procedures, and programs implemented by other states that address housing affordability;
(g) provide a forum for public comment on issues related to housing affordability;
(h) provide recommendations to the Unified Economic Opportunity Commission and the Legislature on strategies, policies, procedures, and programs to address the housing affordability needs of the state; and
(i) on or before December 31, 2022, approve the methodology developed by the division under Subsection 35A-8-803(1)(a)(ix).
(2) To accomplish its duties, the commission may:
(a) request and receive from a state or local government agency or institution summary information relating to housing affordability, including:
(i) reports;
(ii) audits;
(iii) projections; and
(iv) statistics; and
(b) appoint one or more advisory groups to advise and assist the commission.
(3)
(a) A member of an advisory group described in Subsection (2)(b):
(i) shall be appointed by the commission;
(ii) may be:
(A) a member of the commission; or
(B) an individual from the private or public sector; and
(iii) notwithstanding Section 35A-8-2202, may not receive reimbursement or pay for any work done in relation to the advisory group.
(b) An advisory group described in Subsection (2)(b) shall report to the commission on the progress of the advisory group.
Amended by Chapter 118, 2022 General Session
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 22 - Commission on Housing Affordability › Section 2204 - Annual report.

Effective 5/12/2020
35A-8-2204.
Annual report.
(1) The commission shall annually prepare a report for inclusion in the department's annual written report described in Section 35A-1-109.
(2) The report described in Subsection (1) shall:
(a) describe how the commission fulfilled its statutory duties during the year;
(b) provide recommendations on how the state should act to address issues relating to housing affordability;
(c) in consultation with affected political subdivisions, provide recommendations on how the state and other stakeholders should act to address the loss of moderate income housing units in the state, including the moderate income housing units permanently vacated or destroyed as identified in the report from the Department of Transportation described in Section 72-1-215; and
(d) in consultation with affected political subdivisions, provide recommendations on how the state and other stakeholders can support and encourage the new construction or rehabilitation of replacement units.
Amended by Chapter 268, 2020 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 24 - Miscellaneous › Section 2401 - Accounting for expenditures authorized by the Utah Housing Preservation Fund.

Effective 3/13/2023
35A-8-2401.
Accounting for expenditures authorized by the Utah Housing Preservation Fund.
(1) This section applies to funds appropriated by the Legislature to the department for pass-through to the Utah Housing Preservation Fund.
(2) The department shall include in the annual written report described in Section 35A-1-109 a report accounting for the expenditures authorized by the Utah Housing Preservation Fund.
Enacted by Chapter 88, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 1 - General Provisions › Section 102 - Definitions.

35A-9-102.
Definitions.
As used in this chapter:
(1) "Cycle of poverty" or "poverty cycle" means the set of factors or events by which the long-term poverty of a person is likely to continue and be experienced by each child of the person when the child becomes an adult unless there is outside intervention.
(2)
(a) "Intergenerational poverty" means poverty in which two or more successive generations of a family continue in the cycle of poverty and government dependance.
(b) "Intergenerational poverty" does not include situational poverty.
(3) "Poverty" means the state of a person who lacks a usual or socially acceptable amount of money or material possessions as demonstrated by the person's income level being at or below the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register.
(4) "Situational poverty" means temporary poverty that:
(a) is generally traceable to a specific incident or time period within the lifetime of a person; and
(b) is not continued to the next generation.
Enacted by Chapter 185, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 2 - Intergenerational Poverty Tracking System › Section 201 - Intergenerational poverty tracking system -- Data -- Analysis.

Effective 5/4/2022
35A-9-201.
Intergenerational poverty tracking system -- Data -- Analysis.
(1) The department shall establish and maintain a system to track intergenerational poverty.
(2) The system shall:
(a) identify groups that have a high risk of experiencing intergenerational poverty;
(b) identify incidents, patterns, and trends that explain or contribute to intergenerational poverty;
(c) assist case workers, social scientists, and government officials in the study and development of effective and efficient plans and programs to help individuals and families in the state to break the cycle of poverty; and
(d) gather and track available local, state, and national data on:
(i) official poverty rates;
(ii) child poverty rates;
(iii) years spent by individuals in childhood poverty;
(iv) years spent by individuals in adult poverty; and
(v) related poverty information.
(3) The department shall:
(a) use available data in the tracking system, including public assistance data, census data, and other data made available to the department;
(b) develop and implement methods to integrate, compare, analyze, and validate the data for the purposes described in Subsection (2); and
(c) protect the privacy of individuals living in poverty by using and distributing data within the tracking system in compliance with:
(i) federal requirements; and
(ii) the provisions of Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 36, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 2 - Intergenerational Poverty Tracking System › Section 202 - Intergenerational poverty report.

Effective 5/3/2023
35A-9-202.
Intergenerational poverty report.
(1) The department shall annually prepare an intergenerational poverty report for inclusion in the department's annual written report described in Section 35A-1-109.
(2) The intergenerational poverty report shall:
(a) report on the data, findings, and potential uses of the intergenerational poverty tracking system described in Section 35A-9-201;
(b) describe policies, procedures, and programs that the department has implemented or modified to help break the cycle of poverty and end welfare dependency for children in the state affected by intergenerational poverty;
(c) contain recommendations to the Legislature on how to address issues relating to breaking the cycle of poverty and ending welfare dependency for children in the state affected by intergenerational poverty; and
(d) include the following reports:
(i) the report described in Section 9-1-210 by the Department of Cultural and Community Engagement;
(ii) the report described in Section 26B-1-218 by the Department of Health and Human Services; and
(iii) the report described in Section 53E-1-206 by the State Board of Education.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 6 - Education Savings Incentive Program › Section 601 - Definitions.

Affected by 63I-1-235 on 7/1/2028
Effective 7/1/2023
35A-9-601.
Definitions.
As used in this part:
(1) "529 savings account" means a tax-advantaged method of saving for higher education costs that:
(a) meets the requirements of Section 529, Internal Revenue Code; and
(b) is managed by the plan.
(2) "Beneficiary" means the individual designated:
(a) in a 529 savings account agreement between a person, an estate, or a trust and the plan; and
(b) to benefit from the amount saved in a 529 savings account.
(3) "Commission" means the State Tax Commission.
(4) "Deposit" means the payment of money from a source other than a match.
(5) "Eligible 529 savings account" means a 529 savings account for which:
(a) a qualifying individual is the account owner; and
(b) a qualifying individual or a minor dependent of a qualifying individual is a beneficiary.
(6) "Federal earned income tax credit" means the federal earned income tax credit:
(a) described in Section 32, Internal Revenue Code; and
(b) that a qualifying individual claims and is eligible to claim on the federal income tax return for the taxable year.
(7) "Match" means the monetary amount described in Subsection 35A-9-603(2).
(8) "Minor dependent" means an individual under 19 years old for whom a qualifying individual can claim a tax credit under Section 24, Internal Revenue Code, on the qualifying individual's federal income tax return for the taxable year.
(9) "Plan" means the Utah Educational Savings Plan created in Section 53B-8a-103.
(10) "Program" means the Education Savings Incentive Program created in Section 35A-9-603.
(11) "Qualifying individual" means an individual who the department identifies as experiencing intergenerational poverty and who has not been disqualified from participating in the program for overclaiming a match in a previous year.
Enacted by Chapter 52, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 6 - Education Savings Incentive Program › Section 602 - Education Savings Incentive Restricted Account.

Affected by 63I-1-235 on 7/1/2028
Effective 7/1/2023
35A-9-602.
Education Savings Incentive Restricted Account.
(1) There is created a restricted account within the Income Tax Fund to be known as the Education Savings Incentive Restricted Account.
(2) The department shall administer the restricted account for the purposes described in this part.
(3) The state treasurer shall invest the money in the restricted account according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that interest and other earnings derived from the restricted account shall be deposited into the restricted account.
(4) The restricted account shall be funded by:
(a) appropriations made to the account by the Legislature; and
(b) private donations, grants, gifts, bequests, or money made available from any other source to implement this part.
(5) Subject to appropriation, the department:
(a) shall use restricted account money for the program; and
(b) may use a portion of the restricted account money for administration of the program.
Enacted by Chapter 52, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 6 - Education Savings Incentive Program › Section 603 - Education Savings Incentive Program.

Affected by 63I-1-235 on 7/1/2028
Effective 7/1/2023
35A-9-603.
Education Savings Incentive Program.
(1)
(a) There is created the Education Savings Incentive Program to provide an annual monetary match to eligible 529 savings accounts.
(b) The program is established within the higher education system.
(c) The department shall implement the program as early as is practicable, but the department shall begin accepting applications for the program no later than January 1, 2024.
(2)
(a) For each qualifying individual that meets the requirements of Subsection (3), the state shall match, during a calendar year, the amount of a deposit into one or more of the qualifying individual's eligible 529 savings accounts up to $300.
(b) The amount in Subsection (2)(a) is the maximum match amount per family per calendar year.
(c)
(i) Except as provided in Subsections (2)(c)(ii) and (iii), the match rate is $1 for each $1 deposit.
(ii) In a fiscal year where the balance of money in the restricted account is insufficient to sustain a $1 for each $1 deposit match rate, the department shall reduce the amount of each match proportionately.
(iii)
(A) Subject to Subsection (2)(c)(iii)(B), in a fiscal year when the balance of the money in the restricted account exceeds the amount needed for a $1 for each $1 deposit match rate, the department shall increase the amount of each match proportionately.
(B) If a qualifying individual's proportionate share under Subsection (2)(c)(iii)(A) is greater than the amount allowed under Subsections (2)(a) and (b), the qualifying individual shall receive the amount allowed under Subsections (2)(a) and (b).
(3) To participate in the program, a qualifying individual shall:
(a) apply with the department in accordance with Section 35A-9-604;
(b) claim and receive a federal earned income tax credit on the qualifying individual's federal income tax return for the previous taxable year; and
(c) during the calendar year for which the qualifying individual applies to participate in the program, be the account owner of one or more eligible 529 savings accounts into which a deposit was made.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing:
(a) administration of the program; and
(b) after consulting with the plan, additional information to request in the application for the program.
Enacted by Chapter 52, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 6 - Education Savings Incentive Program › Section 605 - Payment of match.

Affected by 63I-1-235 on 7/1/2028
Effective 7/1/2023
35A-9-605.
Payment of match.
(1) Subject to the other provisions of this section, the department shall transfer money appropriated from the Education Savings Incentive Restricted Account to the plan in the amount of each qualifying individual's match.
(2) The department shall send with the transfer described in Subsection (1), for each qualifying individual that is receiving a match:
(a) the amount of the match for the qualifying individual;
(b) the qualifying individual's allocation of the match among eligible 529 savings accounts; and
(c) for each eligible 529 savings account into which the qualifying individual allocates the match:
(i) the name of the qualifying individual who is the account owner;
(ii) the name of the beneficiary; and
(iii) the account number.
Enacted by Chapter 52, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 9 - Intergenerational Poverty Mitigation Act › Part 6 - Education Savings Incentive Program › Section 606 - Reporting to the department -- Annual report.

Affected by 63I-1-235 on 7/1/2028
Effective 7/1/2023
35A-9-606.
Reporting to the department -- Annual report.
(1) On or before September 1, the plan shall submit to the department the aggregate average balance in eligible 529 savings accounts during the previous calendar year.
(2) The department shall include in the annual report required by Section 35A-1-109 the following information for the previous calendar year:
(a) the number of qualifying individuals to whom the department provides notice of the program;
(b) the number of applications for the program;
(c) the number of applications for the program from qualifying individuals;
(d) the number of qualifying individuals participating in the program;
(e) the number of eligible 529 savings accounts that receive a match;
(f) the total dollar amount provided as a match; and
(g) the aggregate average balance in eligible 529 savings accounts as reported by the plan.
Enacted by Chapter 52, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 12 - Achieving a Better Life Experience Program Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/9/2017
35A-12-102.
Definitions.
As used in this chapter:
(1) "Account" means an account in a qualified ABLE program.
(2) "Qualified ABLE program" means the same as that term is defined in 26 U.S.C. Sec. 529A.
(3) "State Achieving a Better Life Experience Program" means the program created by this chapter.
Amended by Chapter 222, 2017 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 12 - Achieving a Better Life Experience Program Act › Part 2 - State Achieving a Better Life Experience Program › Section 201 - Creation of program.

Effective 5/9/2017
35A-12-201.
Creation of program.
(1) There is created the state Achieving a Better Life Experience Program.
(2) The department shall do one of the following:
(a) administer the state Achieving a Better Life Experience Program in compliance with:
(i) 26 U.S.C. Sec. 529A; and
(ii) regulations, if any, issued by the United States Department of the Treasury;
(b) enter into a contract with a state that maintains a qualified ABLE program to provide Utah residents access to that state's qualified ABLE program; or
(c) inform eligible individuals and parents or legal guardians of eligible individuals about qualified ABLE programs offered by other states to which Utah residents may apply.
(3) This chapter may not be interpreted to:
(a) authorize or provide a disability-related service to an eligible individual;
(b) be a factor in establishing residency; or
(c) provide that contributions made into an account are sufficient to cover the qualified disability expenses of an eligible individual.
(4) An account is not insured or guaranteed by the state.
(5) The state does not guarantee the rate or payment of interest or other return on an account.
Amended by Chapter 222, 2017 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 101 - Title.

Effective 10/1/2016
35A-13-101.
Title.
(1) This chapter is known as the "Utah State Office of Rehabilitation Act."
(2) This part is known as "General Provisions."
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 10/1/2016
35A-13-102.
Definitions.
As used in this chapter:
(1) "Blind" means an individual:
(a) whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or
(b) whose visual acuity is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees.
(2) "Deaf" means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living.
(3) "Director" means the director of the Utah State Office of Rehabilitation.
(4) "Disability" means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning.
(5) "Eligible individual" means an individual determined to be eligible to receive services under laws or rules governing eligibility for the program in question.
(6) "Hard of hearing" means an individual with a diagnosed auditory deficit ranging from mild to profound that results in functional limitations in one or more areas of daily living.
(7) "Independent living rehabilitation services" means goods and services reasonably necessary to enable an individual with a severe disability to maintain or increase functional independence.
(8) "Office" means the Utah State Office of Rehabilitation created in Section 35A-1-202.
(9) "Visually impaired" means an individual with a diagnosed impairment of visual function that if not corrected constitutes a material limitation to normal activities or functioning.
(10) "Vocational rehabilitation services" means goods and services reasonably necessary to enable an individual with a disability to obtain and retain employment.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 103 - Office authority.

Effective 5/9/2017
35A-13-103.
Office authority.
(1) The Utah State Office of Rehabilitation created in Section 35A-1-202 is under the direction of the department and under the direction and general supervision of the executive director.
(2) The department is the sole state agency designated to administer the state plans for vocational rehabilitation and independent living rehabilitation programs.
(3) The office is the sole state unit designated to carry out the state plans and other duties assigned by law or the department, including the following:
(a) determining eligibility for vocational rehabilitation services;
(b) providing vocational rehabilitation services to eligible individuals;
(c) determining the types and scope of vocational rehabilitation services provided by the office;
(d) determining employment outcomes related to vocational rehabilitation services if required; and
(e) determining the appropriate uses of federal rehabilitation funding.
(4) The office may not delegate the duties described in Subsection (3) to any other state government entity.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the provisions of this chapter, the department in collaboration with the office may make rules related to administering the state plan for vocational rehabilitation, including determining eligibility for vocational rehabilitation services and establishing priorities in providing vocational rehabilitation services.
Amended by Chapter 223, 2017 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 104 - Appointment of director -- Administration of the office.

Effective 10/1/2016
35A-13-104.
Appointment of director -- Administration of the office.
(1) The executive director of the department shall appoint the director of the office.
(2) The director shall administer the office in accordance with the direction of the executive director and applicable state and federal laws and regulations.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 105 - Public funding of vocational rehabilitation and independent living rehabilitation services.

Effective 10/1/2016
35A-13-105.
Public funding of vocational rehabilitation and independent living rehabilitation services.
(1) Public funding of vocational rehabilitation and independent living rehabilitation services provided under this chapter may only be provided to eligible individuals.
(2) The director shall establish priorities for use in determining services to be provided to eligible individuals under this chapter if the demand for services exceeds available funds.
(3) Rights established under this chapter are not transferable or assignable.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 106 - Personally identifiable information -- Nondisclosure -- Penalty.

Effective 10/1/2016
35A-13-106.
Personally identifiable information -- Nondisclosure -- Penalty.
(1) Personally identifiable information obtained by the office, its employees, or agents concerning individuals applying for or receiving services under this chapter may not be disclosed without the prior written consent of the individual or the individual's legal representative, except as required for administration of programs or services under this chapter, or as otherwise authorized by law.
(2) Unauthorized disclosure of personally identifiable information obtained under this chapter, or use of such information for unauthorized purposes, is a class B misdemeanor.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 107 - Acceptance and use of gifts -- Not subject to appropriation.

Effective 10/1/2016
35A-13-107.
Acceptance and use of gifts -- Not subject to appropriation.
(1) The director may, with the approval of the executive director, accept and use a gift to the office made unconditionally by will or otherwise for carrying out the purposes of this chapter.
(2) A gift to the office made under conditions that the executive director finds to be consistent with this chapter may be accepted and used in accordance with the conditions of the gift.
(3) A gift to the office as described in this section is not subject to appropriation by the Legislature.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 108 - Delegation of duties and responsibilities of the office.

Effective 10/1/2016
35A-13-108.
Delegation of duties and responsibilities of the office.
The director may, in accordance with applicable law and regulations and with the consent of the executive director, organize the office and assign duties and responsibilities to the office's employees to enable the office to better serve individuals with disabilities and to increase the efficiency and effectiveness of operations.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 1 - General Provisions › Section 109 - Office duties to individuals with disabilities.

Effective 10/1/2016
35A-13-109.
Office duties to individuals with disabilities.
In administering this chapter, the office:
(1) shall ensure that individuals with disabilities are assisted, so far as reasonably possible, to take their rightful place in open society as independent and self-supporting individuals; and
(2) may not assist or support any activity that results in unnecessary continuation of a dependent or isolated state or unnecessarily separates individuals with disabilities from open society.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 2 - Office Responsibilities › Section 202 - Functions of the office.

Effective 10/1/2016
35A-13-202.
Functions of the office.
The office may:
(1) apply for, receive, administer, and distribute funds made available through programs of federal, state, or local governments;
(2) cooperate with federal, state, or local governmental entities to administer programs and program funds;
(3) contract or cooperate with public or private entities or individuals;
(4) as designated by the responsible authority, and with the approval of the department, perform any functions or services for the federal or state government that relate to individuals with disabilities;
(5) establish subordinate administrative units necessary to increase efficiency and improve the delivery of services to individuals with disabilities;
(6) establish and operate community service centers, rehabilitation facilities, and workshops, and make grants to public and nonprofit organizations for those purposes;
(7) determine eligibility for, and the nature and scope of, services to be provided under the state plan for vocational rehabilitation or other programs administered by the office;
(8) assist individuals with severe disabilities to establish and operate vending machine services and other small businesses, and perform services authorized under Title 55, Chapter 5, Blind Persons Operating Vending Stands - Food Services, and Title 55, Chapter 5a, Blind Products Sales;
(9) furnish materials, tools, equipment, initial stocks and supplies, and occupational licenses needed by rehabilitation facilities, workshops, and small businesses established under this chapter, and develop and execute marketing plans for materials produced by those operations;
(10) place money received by the office through sale of products or services as authorized under this chapter into a fund managed by the office and used to support additional training, production, and sales activities;
(11) conduct studies and investigations, give demonstrations and make reports, and provide training and instruction related to the work of the office;
(12) establish and maintain research fellowships and traineeships, including necessary stipends and allowances for those receiving training and instruction;
(13) institute and supervise programs to encourage the conservation of sight and hearing and assist in overcoming and preventing disabling conditions;
(14) provide diagnostic, placement, vocational rehabilitation, training, adjustment, and independent living services; and
(15) do all other things necessary to carry out assignments made by law or the department in assisting and rehabilitating individuals with disabilities.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 2 - Office Responsibilities › Section 203 - Employment first emphasis on the provision of services.

Effective 10/1/2016
35A-13-203.
Employment first emphasis on the provision of services.
(1) When providing services to an individual with a disability under this chapter, the office shall, within funds appropriated by the Legislature and in accordance with the requirements of federal and state law, give priority to providing services that assist the individual in obtaining and retaining meaningful and gainful employment that enables the individual to:
(a) purchase goods and services;
(b) establish self-sufficiency; and
(c) exercise economic control of the individual's life.
(2) The office shall develop a written plan to implement the policy described in Subsection (1) that includes:
(a) assessing the strengths and needs of an individual with a disability;
(b) customizing strength-based approaches to obtaining employment;
(c) setting expectations, providing appropriate services toward, and recognizing success in:
(i) integrated employment in the workplace at competitive wages and benefits; and
(ii) self-employment;
(d) developing partnerships with potential employers;
(e) providing appropriate employment training opportunities;
(f) coordinating services with other government agencies and community resources;
(g) to the extent possible, eliminating practices and policies that interfere with the policy described in Subsection (1); and
(h) arranging for alternative work experience leading to competitive, integrated employment, including work-based training, volunteer work, and internships.
(3) The office shall, on an annual basis:
(a) set goals to implement the policy described in Subsection (1) and the plan described in Subsection (2);
(b) determine whether the goals for the previous year have been met; and
(c) modify the plan described in Subsection (2) as needed.
Renumbered and Amended by Chapter 271, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 3 - Governor's Committee on Employment of People with Disabilities › Section 301 - Title.

Affected by 63I-1-235 on 7/1/2028
Effective 10/1/2016
Sunsets 7/1/2028
35A-13-301.
Title.
This part is known as the "Governor's Committee on Employment of People with Disabilities."
Enacted by Chapter 271, 2016 General Session
Sunset by Section 63I-1-235
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 13 - Utah State Office of Rehabilitation Act › Part 3 - Governor's Committee on Employment of People with Disabilities › Section 303 - State Rehabilitation Advisory Council.

Affected by 63I-1-235 on 7/1/2024
Effective 10/1/2016
35A-13-303.
State Rehabilitation Advisory Council.
(1) The executive director shall appoint a state rehabilitation advisory council to advise the office and the department concerning the needs of individuals with disabilities and the provision of vocational rehabilitation services.
(2) A majority of the membership of the advisory council shall consist of individuals with disabilities.
(3) A member of the council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 271, 2016 General Session