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H.B. 315
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DEPARTMENT OF COMMUNITY AND
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ECONOMIC DEVELOPMENT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; AMENDING
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THE DUTIES OF THE DIVISION OF COMMUNITY DEVELOPMENT; CREATING THE
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STATE COMMUNITY SERVICES OFFICE; OUTLINING DUTIES AND RESPONSIBILITIES;
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PROVIDING FOR REPORTING AND EVALUATION REQUIREMENTS; AMENDING
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PROVISIONS RELATING TO THE HOMELESS TRUST ACCOUNT; AMENDING
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PROVISIONS RELATING TO THE DISTRIBUTION OF OLENE WALKER HOUSING TRUST
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FUNDS; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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9-4-202, as last amended by Chapter 145, Laws of Utah 1999
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9-4-704, as last amended by Chapters 276 and 279, Laws of Utah 1998
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9-4-802, as last amended by Chapter 36, Laws of Utah 1996
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ENACTS:
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9-4-1401, Utah Code Annotated 1953
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9-4-1402, Utah Code Annotated 1953
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9-4-1403, Utah Code Annotated 1953
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9-4-1404, Utah Code Annotated 1953
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9-4-1405, Utah Code Annotated 1953
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9-4-1406, Utah Code Annotated 1953
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9-4-1407, Utah Code Annotated 1953
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9-4-1408, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-4-202
is amended to read:
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9-4-202. Powers and duties of division.
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(1) The division shall:
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(a) assist local governments and citizens in the planning, development, and maintenance
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of necessary public infrastructure and services;
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(b) cooperate with, and provide technical assistance to, counties, cities, towns, regional
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planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation boards,
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community development groups, community action agencies, and other agencies created for the
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purpose of aiding and encouraging an orderly, productive, and coordinated development of the
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state and its political subdivisions;
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(c) assist the governor in coordinating the activities of state agencies which have an impact
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on the solution of community development problems and the implementation of community plans;
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[(d) provide assistance to communities in preparing applications to the Four Corners
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Regional Commission;]
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[(e)] (d) serve as a clearinghouse for information, data, and other materials which may be
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helpful to local governments in discharging their responsibilities and provide information on
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available federal and state financial and technical assistance;
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[(f)] (e) carry out continuing studies and analyses of the problems faced by communities
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within the state and develop such recommendations for administrative or legislative action as
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appear necessary;
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[(g)] (f) assist in funding [adequate] affordable housing and addressing problems of
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homelessness;
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[(h)] (g) support economic development activities through grants, loans, and direct
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programs financial assistance;
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[(i)] (h) certify project funding at the local level in conformance with federal, state, and
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other requirements; [and]
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[(j)] (i) utilize the capabilities and facilities of public and private universities and colleges
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within the state in carrying out its functions[.];
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(j) assist and support local governments, community action agencies, and citizens in the
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planning, development, and maintenance of home weatherization, energy efficiency, and
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antipoverty activities; and
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(k) assist and support volunteer efforts in the state.
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(2) The division may:
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(a) accept for and on behalf of, and bind the state to, any federal program in which the state
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is invited, permitted, or authorized to participate in the distribution, disbursement, or
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administration of any fund or service advanced, offered, or contributed in whole or in part, by the
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federal government for purposes consistent with the powers and duties of the department;
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(b) if any federal program requires the expenditure of state funds as a condition to
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participation by the state in any fund, property, or service, with the governor's approval, expend
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whatever funds are necessary out of the money provided by the Legislature for the use of the
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department; and
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(c) in accordance with Part 13, Domestic Violence Shelters, assist in developing,
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constructing, and improving shelters for victims of domestic violence, as described in Section
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77-36-1
, through loans and grants to nonprofit and governmental entities.
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Section 2.
Section
9-4-704
is amended to read:
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9-4-704. Distribution of fund moneys.
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(1) The executive director shall:
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(a) make grants and loans from the fund for any of the activities authorized by Section
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9-4-705
, as recommended by the board;
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(b) establish the criteria by which loans and grants will be made; and
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(c) determine the order in which projects will be funded.
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(2) The executive director shall distribute any federal moneys contained in the fund
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according to the procedures, conditions, and restrictions placed upon the use of those moneys by
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the federal government.
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(3) (a) The executive director shall distribute any funds received pursuant to Section
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17A-2-1264
to pay the costs of providing income targeted housing within the community that
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created the redevelopment agency under Title 17A, Chapter 2, Part 12, Utah Neighborhood
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Development Act.
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(b) As used in Subsection (3)(a):
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(i) "Community" has the meaning as defined in Subsection
17A-2-1202
(5).
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(ii) "Income targeted housing" has the meaning as defined in Subsection
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17A-2-1264
(1)(g).
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(4) Except federal money and money received under Section
17A-2-1264
, the executive
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director shall distribute all other moneys from the fund according to the following requirements:
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(a) Not less than 30% of all fund moneys shall be distributed to rural areas of the state.
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(b) At least 50% of the moneys in the fund shall be distributed as loans to be repaid to the
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fund by the entity receiving them.
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(i) (A) Of the fund moneys distributed as loans, at least 50% shall be distributed to benefit
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persons whose annual income is at or below 50% of the median family income for the state.
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(B) The remaining loan moneys shall be distributed to benefit persons whose annual
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income is at or below 80% of the median family income for the state.
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(ii) The executive director or his designee shall lend moneys in accordance with this
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Subsection (4) at a rate based upon the borrower's ability to pay.
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(c) Any fund moneys not distributed as loans shall be distributed as grants.
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(i) At least 90% of the fund moneys distributed as grants shall be distributed to benefit
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persons whose annual income is at or below 50% of the median family income for the state.
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(ii) The remaining fund moneys distributed as grants may be used by the executive director
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to obtain federal matching funds or for other uses consistent with the intent of this part, including
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the payment of reasonable loan [processing fees] servicing costs, but [may not] no more than 3%
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of the revenues of the fund may be used to offset other department or board administrative
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expenses.
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(5) The executive director may:
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(a) enact rules to establish procedures for the grant and loan process by following the
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procedures and requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
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(b) service or contract, pursuant to Title 63, Chapter 56, Utah Procurement Code, for the
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servicing of loans made by the fund.
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Section 3.
Section
9-4-802
is amended to read:
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9-4-802. Purposes of Homeless Coordinating Committee -- Uses of Homeless Trust
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Account.
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(1) The Homeless Coordinating Committee shall work to ensure that services provided to
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the homeless by state agencies, local governments, and private organizations are provided in a
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cost-effective manner. Programs funded by the committee shall emphasize emergency housing and
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self-sufficiency, including placement in meaningful employment or occupational training activities
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and, where needed, special services to meet the unique needs of the homeless who [are mentally
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ill and those who are in] have families with children, or who are mentally ill, disabled, or suffer
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from other serious challenges to employment and self-sufficiency. The committee may also fund
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treatment programs to ameliorate the effects of substance abuse or a handicap.
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(2) The committee designated in Subsection
9-4-801
(2) is responsible for awarding
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contracts funded by the Homeless Trust Account. The committee shall award contracts with the
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advice and input of those designated in Subsection
9-4-801
(3), and shall consider need, diversity
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of geographic location, coordination with or enhancement of existing services, and the extensive
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use of volunteers. Priority for funding shall be given to programs that serve the homeless who are
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mentally ill and who are in families with children.
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(3) (a) In any fiscal year, no more than 80% of the funds in the Homeless Trust Account
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may be allocated to organizations that provide services only in Salt Lake, Davis, Weber, and Utah
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Counties.
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(b) The committee may expend up to 3% of its annual appropriation for administrative
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costs associated with the allocation of funds from the Homeless Trust Account, and up to 2% of
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its annual appropriation for marketing the Homeless Trust Account and soliciting donations to the
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Homeless Trust Account. The committee may pay for the initial costs of the State Tax
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Commission in implementing Section
59-10-530.5
out of the Homeless Trust Account.
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(4) (a) The committee may not expend, except as provided in Subsection (4)(b), an amount
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equal to the greater of $50,000 or 20% of the amount donated to the Homeless Trust Account
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during fiscal year 1988-89.
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(b) The committee may expend funds held in reserve to provide program stability in the
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event of decreases in contributions to the fund, but the committee shall reimburse to the reserve
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fund the amount of any such expenditure.
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(5) The committee shall make an annual report to the Economic Development and Human
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Resources Appropriations Subcommittee regarding the programs and services funded by
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contributions to the Homeless Trust Account.
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(6) The moneys in the Homeless Trust Account shall be invested by the state treasurer
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according to the procedures and requirements of Title 51, Chapter 7, State Money Management
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Act, except that all interest or other earnings derived from the fund moneys shall be deposited in
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the fund.
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Section 4.
Section
9-4-1401
is enacted to read:
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Part 14. State Community Services Act
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9-4-1401. Title.
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This part is known as the "State Community Services Act."
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Section 5.
Section
9-4-1402
is enacted to read:
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9-4-1402. Definitions.
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As used in this part:
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(1) "Community action agency" means a local subdivision of the state, a combination of
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political subdivisions, a separate public agency, or a private nonprofit agency which has the
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authority under its applicable charter or laws to receive funds to support community action
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activities and other appropriate measures designed to identify and deal with the causes of poverty
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in the state, and which is designated as a community action agency by federal law, federal
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regulations, or the governor.
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(2) "Community action program budget" means state funds, federal block grants, and
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federal categorical grants that are received by the state for community action activities.
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(3) "Community action statewide organization" means community action programs,
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organized on a statewide basis, to enhance the capability of community action agencies.
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(4) "Community Services Block Grant" means the Federal Community Services Block
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Grant Act, 42 U.S.C. 9901 et. seq., and any corresponding federal regulations.
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(5) "Local share" means cash or in-kind goods and services donated to a community action
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agency to carry out its responsibilities.
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(6) "Low-income person" means a person who is a member of a household with a gross
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annual income equal to or less than 125% of the poverty standard accepted by the federal agency
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designated to establish poverty guidelines.
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(7) "Office" means the State Community Services Office created in Section
9-4-1403
.
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(8) "Service area" means the geographical area within the jurisdiction of a community
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action agency or a community action statewide organization.
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Section 6.
Section
9-4-1403
is enacted to read:
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9-4-1403. State Community Services Office created -- Purpose.
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(1) There is created within the Division of Community Development the State Community
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Services Office.
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(2) The office shall strengthen communities by reducing poverty and improving the quality
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of life for low-income persons in this state.
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Section 7.
Section
9-4-1404
is enacted to read:
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9-4-1404. Duties of office.
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The office shall:
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(1) coordinate state activities designed to reduce poverty;
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(2) encourage entities in the private sector to participate in efforts to ameliorate poverty
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in the community;
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(3) cooperate with agencies of local, state, and federal government in reducing poverty and
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implementing community, social, and economic programs;
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(4) receive and expend funds for the purposes outlined in this part;
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(5) enter into contracts with and award grants to public and private nonprofit agencies and
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organizations;
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(6) develop a state plan based on needs identified by community action agencies and
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community action statewide organizations;
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(7) designate community action agencies to receive funds through the Community Services
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Block Grant program;
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(8) fund community action agencies and community action statewide organizations;
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(9) make rules in conjunction with the division pursuant to Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, to carry out the purposes of this part;
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(10) provide assistance to local governments or private organizations for the purpose of
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establishing and operating a community action agency;
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(11) provide technical assistance to community action agencies to improve program
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planning, program development, administration, and the mobilization of public and private
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resources;
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(12) convene public meetings which provide citizens the opportunity to comment on
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public policies and programs to reduce poverty;
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(13) advise the governor and Legislature of the nature and extent of poverty in the state
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and make recommendations concerning changes in state and federal policies and programs;
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(14) encourage Utah's nonprofit humanitarian assistance agencies serving low-income
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persons by facilitating, coordinating, training, partnerships, and providing technical assistance in
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addressing Utah's low-income persons by enhancing management, improving service and program
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delivery, and preserving flexibility and local initiative;
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(15) develop and implement management goals which fulfill the Community Services
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Block Grant mission, state requirements, and the mandates of federal legislation;
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(16) prepare a Community Services Block Grant plan which contains provisions describing
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how the state will carry out the assurances of the Community Services Block Grant Act;
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(17) act as the state agency responsible for the evaluation and improvement of emergency
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food assistance services in the state;
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(18) monitor the impact of social policies on the emergency food network;
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(19) provide training and technical assistance to all grantees to assist them in program
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development and implementation, compliance with state and federal regulations, and reporting and
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management information systems;
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(20) certify, monitor, and decertify food pantries eligible for state sales tax rebates under
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Section
59-12-902
; and
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(21) administer other programs to alleviate poverty assigned to the office.
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Section 8.
Section
9-4-1405
is enacted to read:
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9-4-1405. Distribution of Community Services Block Grant funds.
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Community Services Block Grant funds received by the office shall be distributed as
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follows:
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(1) 90% to community action agencies;
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(2) 5% to organizations with a statewide focus to accomplish specific objectives that
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complement the Community Services Block Grant poverty programs; and
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(3) 5% to:
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(a) reimburse costs incurred by the office in administration of this part;
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(b) provide training and technical assistance to grantees of Community Services Block
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Grant funds; or
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(c) supplement anti-poverty projects.
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Section 9.
Section
9-4-1406
is enacted to read:
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9-4-1406. Evaluations -- Reports.
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(1) The office shall periodically evaluate grantees of Community Services Block Grant
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funds as established by rule by the division in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act.
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(2) Grantees of Community Services Block Grant funds shall submit to the office a year
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end report, covering a reporting period consistent with the federal fiscal year, which provides an
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account of all programs operated with or supported by Community Services Block Grant funds,
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including:
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(a) types of programs operated by that grantee;
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(b) the program outcomes;
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(c) the number of persons served;
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(d) the number of times service was given; and
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(e) an accounting of all Community Services Block Grant funds expended by the grantee.
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(3) The office shall report annually to the appropriate legislative appropriations
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subcommittee on the distribution and expenditure of Community Service Block Grant funds.
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Section 10.
Section
9-4-1407
is enacted to read:
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9-4-1407. Program development by grantees.
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Grantees of Community Services Block Grant funds shall develop specific programs and
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goals, consistent with the Community Services Block Grant Act, designed to provide the most
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effective solutions to the problems of poverty identified in their communities within the constraints
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of available funding, including projects related to:
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(1) employment;
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(2) education;
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(3) income management;
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(4) housing;
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(5) emergency assistance;
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(6) nutrition;
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(7) linkages and coordination with other programs;
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(8) health; and
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(9) self-sufficiency.
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Section 11.
Section
9-4-1408
is enacted to read:
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9-4-1408. Recognition of community action agencies.
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The office shall have the power to:
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(1) recognize eligible organizations as community action agencies;
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(2) withdraw the recognition or terminate funding of a designated community action
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agency for cause, as established by rule; or
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(3) change the boundaries and the number of recognized community action agencies,
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provided that the governing board of each affected community action agency concurs in the action.
Legislative Review Note
as of 2-2-00 7:13 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.