CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  The Committee on Fiscal Policy recommended the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 31, line 1,

16

17  insert:

18         Section 14.  (1)  The purpose of this section is to

19  provide for the establishment of individual development

20  accounts (IDAs) in communities targeted by the Retention

21  Enhancing Communities Initiative (RECI) designed to provide

22  families with limited means in these communities an

23  opportunity to accumulate assets, to facilitate and mobilize

24  savings, to promote education, homeownership, and

25  microenterprise development, and to stabilize families and

26  build communities.  This section implements the provisions of

27  s. 404(h) of the Social Security Act, as amended, 42 U.S.C. s.

28  604(h), related to individual development accounts.  Nothing

29  in this section is intended to conflict with the provisions of

30  federal law.

31         (2)  As used in this section, the term:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1         (a)  "Individual development account" means an account

 2  exclusively for the purpose of paying the qualified expenses

 3  of an eligible individual or family in RECI communities.  The

 4  account is a trust created or organized in this state and

 5  funded through periodic contributions by the establishing

 6  individual and matched by or through a qualified entity for a

 7  qualified purpose.

 8         (b)  "Qualified entity" means:

 9         1.  A not-for-profit organization described in s.

10  501(c)(3) of the Internal Revenue Code of 1986, as amended,

11  and exempt from taxation under s. 501(a) of such code; or

12         2.  A state or local government agency acting in

13  cooperation with an organization described in subparagraph 1.

14  For purposes of this section, a local WAGES coalition shall be

15  considered a government agency.

16         (c)  "Financial institution" means an organization

17  authorized to do business under state or federal laws relating

18  to financial institutions, and includes a bank, trust company,

19  savings bank, building and loan association, savings and loan

20  company or association, and credit union.

21         (d)  "Eligible educational institution" means:

22         1.  An institution described in s. 481(a)(1) or s.

23  1201(a) of the Higher Education Act of 1965, 20 U.S.C. s.

24  1088(a)(1) or s. 1141(a), as such sections are in effect on

25  the date of the enactment of the Personal Responsibility and

26  Work Opportunity Reconciliation Act of 1996, Pub. L. No.

27  104-193.

28         2.  An area vocational education school, as defined in

29  s. 521(4)(C) or (D) of the Carl D. Perkins Vocational and

30  Applied Technology Education Act, 20 U.S.C. s. 2471(4), in

31  this state, as such sections are in effect on the date of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1  enactment of the Personal Responsibility and Work Opportunity

 2  Reconciliation Act of 1996, Pub. L. No. 104-193.

 3         (e)  "Postsecondary educational expenses" means:

 4         1.  Tuition and fees required for the enrollment or

 5  attendance of a student at an eligible educational

 6  institution.

 7         2.  Fees, books, supplies, and equipment required for

 8  courses of instruction at an eligible educational institution.

 9         (f)  "Qualified acquisition costs" means the costs of

10  acquiring, constructing, or reconstructing a residence. The

11  term includes any usual or reasonable settlement, financing,

12  or other closing costs in a RECI community.

13         (g)  "Qualified business" means any business that does

14  not contravene any law or public policy in a RECI community.

15         (h)  "Qualified business capitalization expenses" means

16  qualified expenditures for the capitalization of a qualified

17  business pursuant to a qualified plan.

18         (i)  "Qualified expenditures" means expenditures

19  included in a qualified plan, including capital, plant,

20  equipment, working capital, and inventory expenses.

21         (j)1.  "Qualified first-time homebuyer" means a

22  taxpayer and, if married, the taxpayer's spouse, who has no

23  present ownership interest in a principal residence during the

24  3-year period ending on the date of acquisition of the

25  principal residence.

26         2.  "Date of acquisition" means the date on which a

27  binding contract to acquire, construct, or reconstruct the

28  principal residence is entered into.

29         (k)  "Qualified plan" means a business plan or a plan

30  to use a business asset purchased, which:

31         1.  Is approved by a financial institution, a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1  microenterprise development organization, or a nonprofit loan

 2  fund having demonstrated fiduciary integrity.

 3         2.  Includes a description of services or goods to be

 4  sold, a marketing plan, and projected financial statements.

 5         3.  May require the eligible individual to obtain the

 6  assistance of an experienced entrepreneurial advisor.

 7         (l)  "Qualified principal residence" means a principal

 8  residence, in a RECI community within the meaning of s. 1034

 9  of the Internal Revenue Code of 1986, as amended, the

10  qualified acquisition costs of which do not exceed 100 percent

11  of the average area purchase price applicable to such

12  residence, determined in accordance with s. 143(e)(2) and (3)

13  of such code.

14         (3)  The Department of Children and Families shall

15  amend the Temporary Assistance for Needy Families State Plan

16  which was submitted in accordance with s. 402 of the Social

17  Security Act, as amended, 42 U.S.C. s. 602, to provide for the

18  use of funds for individual development accounts in accordance

19  with the provisions of this section.

20         (4)(a)  Any family in a RECI community subject to time

21  limits and fully complying with work requirements of the WAGES

22  Program that enters into an agreement with an approved

23  fiduciary organization is eligible for participation in an

24  individual development account.

25         (b)  Contributions to the individual development

26  account by an individual may be derived only from earned

27  income, as defined in s. 911(d)(2) of the Internal Revenue

28  Code of 1986, as amended.

29         (c)  The individual or family shall enter into an

30  individual development account agreement with a certified

31  fiduciary organization or community-based organization.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1         (d)  Eligible participants may receive matching funds

 2  for contributions to the individual development account,

 3  pursuant to the WAGES State Plan and the plan of the local

 4  WAGES coalition. When not restricted to the contrary, matching

 5  funds may be paid from state and federal funds under the

 6  control of the local WAGES coalition, from local agencies, or

 7  from private donations.

 8         (e)  Eligible participants may receive bonus payments

 9  for program compliance, to the extent provided in the WAGES

10  State Plan and the plan of the local WAGES coalition.  Such

11  bonus payments may provide for a matching proportion higher

12  than matching funds described in paragraph (d).

13         (5)  Individual development accounts may be available

14  once the family no longer receives cash assistance for any of

15  the following uses:

16         (a)  Postsecondary educational expenses paid from an

17  individual development account directly to an eligible

18  educational institution;

19         (b)  Qualified acquisition costs with respect to a

20  qualified principal residence in a RECI community for a

21  qualified first-time homebuyer, if paid from an individual

22  development account directly to the persons to whom the

23  amounts are due; or

24         (c)  Amounts paid from an individual development

25  account directly to a business capitalization account which is

26  established in a federally insured financial institution and

27  is restricted to use solely for qualified business

28  capitalization in a RECI community.

29         (6)  The WAGES Program State Board of Directors shall

30  establish such policies and procedures as may be necessary to

31  ensure that funds held in an individual development account

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1  are not withdrawn except for one or more of the qualified

 2  purposes described in this section.

 3         (7)  Fiduciary organizations shall be the local WAGES

 4  coalition or other organizations designated by the local WAGES

 5  coalition to serve as an intermediary between individual

 6  account holders and financial institutions holding accounts.

 7  Responsibilities of such fiduciary organizations may include

 8  marketing participation, soliciting matching contributions,

 9  counseling program participants, and conducting verification

10  and compliance activities.

11         (8)  The WAGES Program State Board of Directors shall

12  establish penalties and procedures for enforcing compliance

13  with such penalties for the withdrawal of moneys from

14  individual development accounts under false pretenses or for

15  the use of such moneys for other than approved purposes.  The

16  fiduciary organization shall make arrangements with the

17  financial institution to impose any penalties or loss of

18  matching funds as specified by the WAGES Program State Board

19  of Directors on moneys withdrawn.  The WAGES Program State

20  Board of Directors may, at its discretion, specify conditions

21  under which an account shall be closed.

22         (9)  The fiduciary organization shall establish a

23  grievance committee and a procedure to hear, review, and

24  decide in writing any grievance made by a holder of an

25  individual development account who disputes a decision of the

26  operating organization that a withdrawal is subject to

27  penalty.

28         (10)  In the event of an account holder's death, the

29  account may be transferred to the ownership of a contingent

30  beneficiary. An account holder shall name contingent

31  beneficiaries at the time the account is established and may

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1  change such beneficiaries at any time.

 2         (11)  Financial institutions approved by the WAGES

 3  Program State Board of Directors shall be permitted to

 4  establish individual development accounts pursuant to this

 5  section. The financial institution shall certify to the local

 6  WAGES coalition on forms prescribed by the WAGES Program State

 7  Board of Directors and accompanied by any documentation

 8  required by the WAGES Program State Board of Directors that

 9  such accounts have been established pursuant to all provisions

10  of this act and that deposits have been made on behalf of the

11  account holder. A financial institution establishing an

12  individual development account shall:

13         (a)  Keep the account in the name of the account

14  holder.

15         (b)  Subject to the indicated conditions, permit

16  deposits to be made into the account:

17         1.  By the account holder; or

18         2.  By means of contributions made on behalf of the

19  account holder. Such deposits may include moneys to match the

20  account holder's deposits.

21         (c)  Require the account to earn the market rate of

22  interest.

23         (d)  Permit the account holder to withdraw moneys from

24  the account for any of the permissible uses pursuant to

25  procedures adopted by the WAGES Program State Board of

26  Directors.

27         (12)  In accordance with s. 404(h)(4) of the Social

28  Security Act, as amended, 42 U.S.C. s. 604(h)(4), and

29  notwithstanding any other provision of law, other than the

30  Internal Revenue Code of 1986, as amended, funds in an

31  individual development account, including interest accruing in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1  such account, shall be disregarded in determining eligibility

 2  for any federal or state program. Matching contributions paid

 3  directly into such account and contributions by an individual

 4  from earnings shall similarly be disregarded in determining

 5  eligibility for any state or federal program.

 6

 7  (Redesignate subsequent sections.)

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 3, line 9, after the semicolon

13

14  insert:

15         providing for individual development accounts

16         in RECI communities; providing purposes;

17         providing definitions; requiring the Department

18         of Revenue to amend the Temporary Assistance

19         for Needy Families State Plan to provide for

20         use of funds for individual development

21         accounts; specifying criteria and requirements

22         for contributions to such accounts; specifying

23         purposes for use of such accounts; providing

24         for procedures for withdrawals from such

25         accounts; specifying certain organizations to

26         act as fiduciary organizations for certain

27         purposes; providing for penalties for

28         withdrawal of moneys for certain purposes;

29         providing for resolution of certain disputes;

30         providing for transfer of ownership of such

31         accounts under certain circumstances; providing

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 260

    Amendment No. 4





 1         for establishment of such accounts by certain

 2         financial institutions under certain

 3         circumstances; providing requirements;

 4         providing that account funds and matching funds

 5         do not affect certain program eligibility;

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