House File 2294 - Introduced



                                  HOUSE FILE       
                                  BY  BAILEY, FOEGE, WHITAKER, WINCKLER,
                                      WESSEL-KROESCHELL, ALONS, WENTHE,
                                      L. MILLER, RAYHONS, HEATON, GAYMAN,
                                      GASKILL, SWAIM, FREVERT, QUIRK,
                                      ABDUL=SAMAD, SCHUELLER, MASCHER,
                                      MERTZ, MURPHY, STAED, and KRESSIG



    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to individual development accounts authorized for
  2    certain individuals with low income, providing an
  3    appropriation, and providing effective and applicability date
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6334HH 82
  7 jp/nh/24

PAG LIN



  1  1    Section 1.  Section 422.7, subsection 28, paragraph b, Code
  1  2 Supplement 2007, is amended to read as follows:
  1  3    b.  The amount of any savings refund or state match
  1  4 payments authorized under section 541A.3, subsection 1.
  1  5    Sec. 2.  Section 541A.1, subsection 2, Code 2007, is
  1  6 amended to read as follows:
  1  7    2.  "Administrator" means the division of community action
  1  8 agencies of the department of human services rights.
  1  9    Sec. 3.  Section 541A.1, Code 2007, is amended by adding
  1 10 the following new subsection:
  1 11    NEW SUBSECTION.  5A.  "Household income" means the annual
  1 12 household income of an account holder or prospective account
  1 13 holder, as determined in accordance with rules adopted by the
  1 14 administrator.
  1 15    Sec. 4.  Section 541A.2, subsection 4, paragraph a, Code
  1 16 2007, is amended by adding the following new subparagraph:
  1 17    NEW SUBPARAGRAPH.  (7)  A purpose approved in accordance
  1 18 with rule for a refugee individual development account.
  1 19    Sec. 5.  Section 541A.2, subsection 10, Code 2007, is
  1 20 amended to read as follows:
  1 21    10.  The total amount of sources of principal which may be
  1 22 in an individual development account shall be limited to fifty
  1 23 thirty thousand dollars.
  1 24    Sec. 6.  Section 541A.3, Code 2007, is amended to read as
  1 25 follows:
  1 26    541A.3  INDIVIDUAL DEVELOPMENT ACCOUNTS == REFUND STATE
  1 27 MATCH AND TAX PROVISIONS.
  1 28    All of the following state match and tax provisions shall
  1 29 apply to an individual development account:
  1 30    1.  a.  Payment by the state of a state savings refund
  1 31 match on amounts of up to two thousand dollars per calendar
  1 32 year that an account holder deposits in the account holder's
  1 33 account.  To be eligible to receive a state match an account
  1 34 holder must have a household income that is equal to or less
  1 35 than two hundred percent of the federal poverty level.
  2  1    b.  Moneys transferred to an individual development account
  2  2 from another individual development account and a savings
  2  3 refund state match received by the account holder in
  2  4 accordance with this section shall not be considered an
  2  5 account holder deposit for purposes of determining a savings
  2  6 refund state match.
  2  7    c.  Payment of a savings refund state match either shall be
  2  8 made directly to the account holder or to an operating
  2  9 organization's central reserve account for later distribution
  2 10 to the account holder in the most appropriate manner as
  2 11 determined by the administrator.
  2 12    d.  The Subject to the limitation in paragraph "a", the
  2 13 state savings refund match shall be the indicated percentage
  2 14 of equal to one hundred percent of the amount deposited: by
  2 15 the account holder.
  2 16    a.  For an account holder with a household income, as
  2 17 defined in section 425.17, subsection 6, which is one hundred
  2 18 fifty percent or less of the federal poverty level,
  2 19 twenty=five percent.
  2 20    b.  For an account holder with a household income which is
  2 21 more than one hundred fifty percent but less than one hundred
  2 22 seventy=five percent of the federal poverty level, twenty
  2 23 percent.
  2 24    c.  For an account holder with a household income which is
  2 25 one hundred seventy=five percent or more but not more than two
  2 26 hundred percent of the federal poverty level, fifteen percent.
  2 27    d.  For an account holder with a household income which is
  2 28 more than two hundred percent of the federal poverty level,
  2 29 zero percent.
  2 30    2.  Income earned by an individual development account is
  2 31 not subject to state tax, in accordance with the provisions of
  2 32 section 422.7, subsection 28.
  2 33    3.  Amounts transferred between individual development
  2 34 accounts are not subject to state tax.
  2 35    4.  The administrator shall work with the United States
  3  1 secretary of the treasury and the state's congressional
  3  2 delegation as necessary to secure an exemption from federal
  3  3 taxation for individual development accounts and the earnings
  3  4 on those accounts.  The administrator shall report annually to
  3  5 the governor and the general assembly concerning the status of
  3  6 federal approval.
  3  7    5. 4.  The administrator shall coordinate the filing of
  3  8 claims for a state savings refunds match authorized under
  3  9 subsection 1, between account holders, and operating
  3 10 organizations, and the department of administrative services.
  3 11 Claims approved by the administrator may be paid by the
  3 12 department of administrative services to each account holder,
  3 13 for an aggregate amount for distribution to the holders of the
  3 14 accounts in a particular financial institution, or to an
  3 15 operating organization's central reserve account for later
  3 16 distribution to the account holders depending on the
  3 17 efficiency for issuing the refunds state match payments.
  3 18 Claims shall be initially filed with the administrator on or
  3 19 before a date established by the administrator.  Claims
  3 20 approved by the administrator shall be paid from the general
  3 21 fund of the state in the manner specified in section 422.74
  3 22 individual development account state match fund.
  3 23    Sec. 7.  Section 541A.5, Code 2007, is amended to read as
  3 24 follows:
  3 25    541A.5  RULES.
  3 26    1.  The administrator commission on community action
  3 27 agencies created in section 216A.92A, in consultation with the
  3 28 department of administrative services, shall adopt
  3 29 administrative rules to administer this chapter.
  3 30    2.  a.  The rules adopted by the administrator commission
  3 31 shall include but are not limited to provision for transfer of
  3 32 an individual development account to a different financial
  3 33 institution than originally approved by the administrator, if
  3 34 the different financial institution has an agreement with the
  3 35 account's operating organization.
  4  1    b.  The rules for determining household income may provide
  4  2 categorical eligibility for prospective account holders who
  4  3 are enrolled in programs with income eligibility restrictions
  4  4 that are equal to or less than the maximum household income
  4  5 allowed for payment of a state match under section 541A.3.
  4  6    c.  Subject to the availability of funding, the commission
  4  7 may adopt rules implementing an individual development account
  4  8 program for refugees.  Rules shall identify purposes approved
  4  9 for withdrawals to meet the special needs of refugee families.
  4 10    3.  The administrator shall utilize a request for proposals
  4 11 process for selection of operating organizations and approval
  4 12 of financial institutions.
  4 13    Sec. 8.  Section 541A.6, Code 2007, is amended to read as
  4 14 follows:
  4 15    541A.6  COMPLIANCE WITH FEDERAL REQUIREMENTS.
  4 16    The administrator commission on community action agencies
  4 17 shall adopt rules for compliance with federal individual
  4 18 development account requirements under the federal Personal
  4 19 Responsibility and Work Opportunity Reconciliation Act of
  4 20 1996, } 103, as codified in 42 U.S.C. } 604(h), under the
  4 21 federal Assets for Independence Act, Pub. L. No. 105=285,
  4 22 Title IV, or with any other federal individual development
  4 23 account program requirements, as necessary for the state to
  4 24 qualify to use federal temporary assistance for needy families
  4 25 block grant funding or other available for drawing federal
  4 26 funding for allocation to operating organizations.  Any rules
  4 27 adopted under this section shall not apply the federal
  4 28 individual development account program requirements to an
  4 29 operating organization which does not utilize federal funding
  4 30 for the accounts with which it is connected or to an account
  4 31 holder who does not receive temporary assistance for needy
  4 32 families block grant or other federal funding.
  4 33    Sec. 9.  NEW SECTION.  541A.7  INDIVIDUAL DEVELOPMENT
  4 34 ACCOUNT STATE MATCH FUND.
  4 35    1.  An individual development account state match fund is
  5  1 created in the state treasury under the authority of the
  5  2 administrator.  Notwithstanding section 8.33, moneys
  5  3 appropriated to the fund shall not revert to any other fund.
  5  4 Notwithstanding section 12C.7, subsection 2, interest or
  5  5 earnings on moneys deposited in the fund shall be credited to
  5  6 the fund.
  5  7    2.  Moneys available in the fund for a fiscal year are
  5  8 appropriated to the administrator to be used to provide the
  5  9 state match for account holder deposits in accordance with
  5 10 section 541A.3.  At least eighty=five percent of the amount
  5 11 appropriated shall be used for state match payments and the
  5 12 remainder may be used for administrative costs.
  5 13    Sec. 10.  INDIVIDUAL DEVELOPMENT ACCOUNTS == STATE MATCH
  5 14 APPROPRIATION.  There is appropriated from the general fund of
  5 15 the state to the department of human rights for the fiscal
  5 16 year beginning July 1, 2008, and ending June 30, 2009, the
  5 17 following amount, or so much thereof as is necessary, to be
  5 18 used for the purposes designated:
  5 19    To be credited to the individual development account state
  5 20 match fund created in this Act:
  5 21 .................................................. $    500,000
  5 22    Sec. 11.  INDIVIDUAL DEVELOPMENT ACCOUNT RULES ==
  5 23 TRANSITION, EFFECTIVE DATE, AND APPLICABILITY.
  5 24    1.  The division of community action agencies of the
  5 25 department of human rights shall administer individual
  5 26 development accounts in accordance with the administrative
  5 27 rules pertaining to the accounts in 441 IAC ch. 10, in place
  5 28 of the department of human services until replacement
  5 29 administrative rules are adopted.  The commission on community
  5 30 action agencies may adopt emergency rules under section 17A.4,
  5 31 subsection 2, and section 17A.5, subsection 2, paragraph "b",
  5 32 to implement the provisions of this Act and the rules shall be
  5 33 effective immediately upon filing unless a later date is
  5 34 specified in the rules.  Any rules adopted in accordance with
  5 35 this subsection shall also be published as a notice of
  6  1 intended action as provided in section 17A.4.
  6  2    2.  This Act, being deemed of immediate importance, takes
  6  3 effect upon enactment.
  6  4    3.  The change from "savings refund" to "state match" as
  6  5 authorized in section 422.7, subsection 28, and section
  6  6 541A.3, as amended by this Act, is retroactively applicable to
  6  7 January 1, 2008, for the tax year commencing on January 1,
  6  8 2008.
  6  9                           EXPLANATION
  6 10    This bill relates to individual development accounts
  6 11 authorized for certain individuals with low income.
  6 12    Under current law in Code chapter 541A, the department of
  6 13 human services administers the accounts through operating
  6 14 organizations who certify the accounts.  Account holder
  6 15 deposits may be matched by operating organizations, federal
  6 16 individual development account funding, and state savings
  6 17 refunds providing a state match for the deposits of account
  6 18 holders with family incomes of 200 percent or less of the
  6 19 federal poverty level.  The state savings refund amount ranges
  6 20 from 15=25 percent of account holder deposits, depending on
  6 21 income.  Interest and earnings on the accounts and the
  6 22 deposits made to an account by others is exempt from state
  6 23 income tax.  Withdrawals from an account must be approved by
  6 24 the operating organization for one of the following approved
  6 25 purposes:  higher education costs, training programs, purchase
  6 26 of a primary residence or improvements to such residence,
  6 27 capitalization of a small business start=up, or certain
  6 28 emergency medical costs.
  6 29    The bill makes a number of changes to the requirements for
  6 30 individual development accounts.  The maximum amount of
  6 31 deposits of principal to an account is reduced from $50,000 to
  6 32 $30,000.  Administration of the program is moved from the
  6 33 department of human services to the division of community
  6 34 action agencies of the department of human rights.
  6 35 Requirements for household income determinations and other
  7  1 procedures for the accounts are required to be adopted in rule
  7  2 by the commission on community action agencies with input from
  7  3 the family development and self=sufficiency council.  The
  7  4 division is required to utilize a request for proposals
  7  5 process for selection of operating organizations and approval
  7  6 of financial institutions.
  7  7    The bill includes a temporary authorization for operation
  7  8 of the accounts in accordance with the rules adopted by the
  7  9 department of human services until replacement rules are
  7 10 adopted.  The commission may adopt the replacement rules using
  7 11 emergency procedures which forego public comment and review by
  7 12 the administrative rules review committee.
  7 13    The state savings refund is changed to a state match and is
  7 14 increased to 100 percent of account holder deposits.  The
  7 15 current state match limit of a percentage of account holder
  7 16 deposits of up to $2,000 per calendar year is charged with an
  7 17 overall limit of $2,000.  If funding is available the
  7 18 commission may authorize implementing refugee accounts with
  7 19 withdrawals approved for the special needs of refugee
  7 20 families.  Code section 422.7, providing for adjustments to
  7 21 income for purposes of determining net income under the state
  7 22 income tax, is amended to include a reference to state match
  7 23 payments in the exemption provision relating to individual
  7 24 development accounts.  The provisions of the bill referencing
  7 25 the state match payment are retroactively applicable to
  7 26 January 1, 2008, for the tax year beginning on that date.
  7 27    An individual development account state match fund is
  7 28 created in new Code section 541A.7 with a standing
  7 29 appropriation to the division for payments of state matches.
  7 30 A requirement for the program administrator to work with the
  7 31 federal government and the state's congressional delegation to
  7 32 secure federal tax exemption for the accounts and account
  7 33 earnings and to report annually is repealed.  A portion of the
  7 34 appropriation may be used for administrative costs.  An
  7 35 initial appropriation of $500,000 is made to the fund.
  8  1    The bill takes effect upon enactment.
  8  2 LSB 6334HH 82
  8  3 jp/nh/24.2