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H.B. 231
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7 LONG TITLE
8 General Description:
9 This bill establishes procedures for review and approval of applications to receive
10 federal funds or participate in federal programs.
11 Highlighted Provisions:
12 This bill:
13 . requires that the governor approve all federal funds applications;
14 . requires that the Executive Appropriations Committee review and approve certain
15 federal funds applications;
16 . requires that the Legislature review and approve certain federal funds applications;
17 . establishes remedies if state agencies fail to obtain appropriate approvals; and
18 . makes technical corrections.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides an effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 9-1-205, as renumbered and amended by Chapter 241, Laws of Utah 1992
26 9-1-809, as last amended by Chapter 27, Laws of Utah 1999
27 9-4-202, as last amended by Chapter 95, Laws of Utah 2003
28 9-8-405, as renumbered and amended by Chapter 241, Laws of Utah 1992
29 30-3-38, as last amended by Chapter 269, Laws of Utah 2003
30 35A-5-102, as renumbered and amended by Chapter 375, Laws of Utah 1997
31 53A-24-114, as last amended by Chapter 240, Laws of Utah 1996
32 62A-1-112, as enacted by Chapter 1, Laws of Utah 1988
33 62A-3-104, as last amended by Chapter 268, Laws of Utah 2002
34 63-34-15, as renumbered and amended by Chapter 16, Laws of Utah 2003
35 63-34-17, as renumbered and amended by Chapter 16, Laws of Utah 2003
36 63-34-101, as last amended by Chapter 144, Laws of Utah 2003
37 63-38-2 (Superseded 07/01/04), as last amended by Chapters 98 and 209, Laws of
38 Utah 2003
39 63-38-2 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
40 63-38d-301, as enacted by Chapter 16, Laws of Utah 2003
41 63-47-7, as enacted by Chapter 173, Laws of Utah 1973
42 65A-8-1.2, as enacted by Chapter 320, Laws of Utah 1998
43 71-7-3, as last amended by Chapter 134, Laws of Utah 2000
44 72-7-206, as renumbered and amended by Chapter 270, Laws of Utah 1998
45 72-7-207, as renumbered and amended by Chapter 270, Laws of Utah 1998
46 ENACTS:
47 63-38-11.5, Utah Code Annotated 1953
48 63-38e-101, Utah Code Annotated 1953
49 63-38e-201, Utah Code Annotated 1953
50 63-38e-202, Utah Code Annotated 1953
51 REPEALS:
52 63-40-1, as last amended by Chapter 156, Laws of Utah 1996
53 63-40-2, as last amended by Chapter 16, Laws of Utah 2003
54 63-40-3, as last amended by Chapter 156, Laws of Utah 1996
55 63-40-4, as last amended by Chapter 156, Laws of Utah 1996
56 63-40-5, as last amended by Chapter 156, Laws of Utah 1996
57 63-40-6, as last amended by Chapter 156, Laws of Utah 1996
58 63-40-7, as enacted by Chapter 156, Laws of Utah 1996
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60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 9-1-205 is amended to read:
62 9-1-205. Powers and duties of executive director.
63 (1) The executive director, with the approval of the governor, may:
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68 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
69 Funds Procedures, seek federal grants, loans, or participation in federal programs;
70 (b) enter into lawful contracts or agreements with other states, any chamber of
71 commerce organization, and any service club; and
72 (c) annually prepare and submit to the governor a budget of the department's financial
73 requirements.
74 (2) If any federal program requires the expenditure of state funds as a condition to
75 participation by the state in any fund, property, or service, with the governor's approval, the
76 executive director shall expend whatever funds are necessary out of the money provided by the
77 Legislature for the use of the department.
78 Section 2. Section 9-1-809 is amended to read:
79 9-1-809. Commission duties.
80 (1) The commission shall, in the performance of its tasks and functions:
81 (a) ensure that its funding decisions meet all federal and state statutory requirements;
82 (b) recommend innovative, creative, statewide service programs to increase volunteer
83 participation in all age groups and community-based problem-solving among diverse
84 participants;
85 (c) develop and implement a centralized, organized system of obtaining information
86 and technical support concerning volunteerism and community service recruitment, projects,
87 training methods, materials, and activities throughout the state and share such information and
88 support upon request;
89 (d) promote strong interagency collaboration as an avenue for maximizing resources
90 and providing that model on the state level;
91 (e) provide public recognition and support of individual volunteer efforts and
92 successful or promising private sector initiatives and public/private partnerships that address
93 community needs;
94 (f) stimulate increased community awareness of the impact of volunteer services in the
95 state;
96 (g) utilize local, state, and, subject to Title 63, Chapter 38e, Federal Funds Procedures,
97 federal resources to reinforce, expand, and initiate quality service programs;
98 (h) assist in the planning and implementation of volunteer programs;
99 (i) serve as the state's liaison and voice to appropriate national and state organizations
100 that support its mission;
101 (j) develop a three-year comprehensive state and community service plan and establish
102 state priorities;
103 (k) preselect programs and prepare applications to the corporation pursuant to the act;
104 (l) prepare service learning applications;
105 (m) administer the grants program and oversee and monitor the performance and
106 progress of funded programs;
107 (n) implement comprehensive, nonduplicative evaluation and monitoring systems;
108 (o) provide technical assistance to local nonprofit organizations and other entities;
109 (p) assist in the development of programs established in the act;
110 (q) develop mechanisms for recruitment and placement of people interested in
111 participating in national service programs;
112 (r) assist in the provision of health care and child care benefits to participants under the
113 act;
114 (s) make priority program recommendations to the corporation;
115 (t) coordinate its activities with the activities of other state agencies that administer
116 federal block grants; and
117 (u) coordinate its activities with the activities of other volunteer service programs.
118 (2) The commission may not directly operate or run any national service program
119 receiving financial assistance, in any form, from the corporation.
120 (3) The commission may, subject to Title 63, Chapter 38e, Federal Funds Procedures,
121 receive and accept federal funds, and may receive and accept private gifts, donations, or funds
122 from any source. All moneys shall be deposited with the state and shall be continuously
123 available to the commission to carry out the purposes of this part.
124 (4) (a) The commission shall establish a community volunteer training program to
125 assist the state's school districts in implementing the literacy programs required under Section
126 53A-1-801 .
127 (b) The program shall focus on:
128 (i) recruitment of volunteers to assist public schools in reading improvement programs;
129 (ii) providing for the training of volunteers recruited under Subsection (4)(b)(i), which
130 may include training in teaching phonetic decoding skills and phonemic awareness, to assist
131 public schools and community based, not-for-profit literacy programs in accomplishing the
132 literacy goals established in Section 53A-1-801 ;
133 (iii) providing grants to entities whose primary purpose is to support literacy by
134 working with either school districts or individual schools to accomplish their literacy goals;
135 and
136 (iv) providing materials and supplies which may be used by the commission or the
137 public schools or both to help public education accomplish its literacy goals under Section
138 53A-1-801 .
139 (c) The commission shall coordinate its activities under this Subsection (4) with other
140 state and community entities engaged in child literacy programs.
141 (d) (i) The commission shall make an annual report to the State Board of Education on:
142 (A) how public monies were spent on the programs authorized under this Subsection
143 (4); and
144 (B) the number of volunteers recruited for and participating in the program.
145 (ii) The commission shall make its report by July 1, with the first report required by
146 July 1, 2000.
147 Section 3. Section 9-4-202 is amended to read:
148 9-4-202. Powers and duties of division.
149 (1) The division shall:
150 (a) assist local governments and citizens in the planning, development, and
151 maintenance of necessary public infrastructure and services;
152 (b) cooperate with, and provide technical assistance to, counties, cities, towns, regional
153 planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation
154 boards, community development groups, community action agencies, and other agencies
155 created for the purpose of aiding and encouraging an orderly, productive, and coordinated
156 development of the state and its political subdivisions;
157 (c) assist the governor in coordinating the activities of state agencies which have an
158 impact on the solution of community development problems and the implementation of
159 community plans;
160 (d) serve as a clearinghouse for information, data, and other materials which may be
161 helpful to local governments in discharging their responsibilities and provide information on
162 available federal and state financial and technical assistance;
163 (e) carry out continuing studies and analyses of the problems faced by communities
164 within the state and develop such recommendations for administrative or legislative action as
165 appear necessary;
166 (f) assist in funding affordable housing and addressing problems of homelessness;
167 (g) support economic development activities through grants, loans, and direct programs
168 financial assistance;
169 (h) certify project funding at the local level in conformance with federal, state, and
170 other requirements;
171 (i) utilize the capabilities and facilities of public and private universities and colleges
172 within the state in carrying out its functions;
173 (j) assist and support local governments, community action agencies, and citizens in
174 the planning, development, and maintenance of home weatherization, energy efficiency, and
175 antipoverty activities; and
176 (k) assist and support volunteer efforts in the state.
177 (2) The division may:
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182 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
183 Funds Procedures, seek federal grants, loans, or participation in federal programs;
184 (b) if any federal program requires the expenditure of state funds as a condition to
185 participation by the state in any fund, property, or service, with the governor's approval, expend
186 whatever funds are necessary out of the money provided by the Legislature for the use of the
187 department;
188 (c) in accordance with Part 13, Domestic Violence Shelters, assist in developing,
189 constructing, and improving shelters for victims of domestic violence, as described in Section
190 77-36-1 , through loans and grants to nonprofit and governmental entities; and
191 (d) assist, when requested by a county or municipality, in the development of
192 accessible housing.
193 Section 4. Section 9-8-405 is amended to read:
194 9-8-405. Federal funds -- Agreements on standards and procedures.
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196 Funds Procedures, the division may accept and administer federal funds provided under the
197 provisions of the National Historic Preservation Act of 1966, the Land and Water Conservation
198 Act as amended, and subsequent legislation directed toward the encouragement of historic
199 preservation, and to enter into those agreements on professional standards and procedures
200 required by participation in the National Historic Preservation Act of 1966 and the National
201 Register Office.
202 Section 5. Section 30-3-38 is amended to read:
203 30-3-38. Pilot Program for Expedited Parent-time Enforcement.
204 (1) There is established an Expedited Parent-time Enforcement Pilot Program in the
205 third judicial district to be administered by the Administrative Office of the Courts from July 1,
206 2003, to July 1, 2007.
207 (2) As used in this section:
208 (a) "Mediator" means a person who:
209 (i) is qualified to mediate parent-time disputes under criteria established by the
210 Administrative Office of the Courts; and
211 (ii) agrees to follow billing guidelines established by the Administrative Office of the
212 Courts and this section.
213 (b) "Services to facilitate parent-time" or "services" means services designed to assist
214 families in resolving parent-time problems through:
215 (i) counseling;
216 (ii) supervised parent-time;
217 (iii) neutral drop-off and pick-up;
218 (iv) educational classes; and
219 (v) other related activities.
220 (3) (a) Under this pilot program, if a parent files a motion in the third district court
221 alleging that court-ordered parent-time rights are being violated, the clerk of the court, after
222 assigning the case to a judge, shall refer the case to the administrator of this pilot program for
223 assignment to a mediator.
224 (b) Upon receipt of a case, the mediator shall:
225 (i) meet with the parents to address parent-time issues within 15 days of the motion
226 being filed;
227 (ii) assess the situation;
228 (iii) facilitate an agreement on parent-time between the parents; and
229 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
230 warranted.
231 (c) While a case is in mediation, a mediator may refer the parents to a service provider
232 designated by the Department of Human Services for services to facilitate parent-time if:
233 (i) the services may be of significant benefit to the parents; or
234 (ii) (A) a mediated agreement between the parents is unlikely; and
235 (B) the services may facilitate an agreement.
236 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
237 case to the administrator of the pilot program for referral to the judge or court commissioner to
238 whom the case was assigned under Subsection (3)(a) if:
239 (i) a written agreement between the parents is reached; or
240 (ii) the parents are unable to reach an agreement through mediation and:
241 (A) the parents have received services to facilitate parent-time;
242 (B) both parents object to receiving services to facilitate parent-time; or
243 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
244 (e) Upon receiving a case from the administrator of the pilot program, a judge or court
245 commissioner may:
246 (i) review the agreement of the parents and, if acceptable, sign it as an order;
247 (ii) order the parents to receive services to facilitate parent-time;
248 (iii) proceed with the case; or
249 (iv) take other appropriate action.
250 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
251 child who is the subject of a parent-time order against the other parent or a member of the other
252 parent's household to a mediator or service provider, the mediator or service provider shall
253 immediately report that information to:
254 (i) the judge assigned to the case who may immediately issue orders and take other
255 appropriate action to resolve the allegation and protect the child; and
256 (ii) the Division of Child and Family Services within the Department of Human
257 Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
258 Reporting Requirements.
259 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
260 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
261 order of the court, be supervised until:
262 (i) the allegation has been resolved; or
263 (ii) a court orders otherwise.
264 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
265 mediate parent-time problems and a service provider may continue to provide services to
266 facilitate parent-time unless otherwise ordered by a court.
267 (5) (a) The Department of Human Services may contract with one or more entities in
268 accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
269 (i) services to facilitate parent-time;
270 (ii) case management services; and
271 (iii) administrative services.
272 (b) An entity who contracts with the Department of Human Services under Subsection
273 (5)(a) shall:
274 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
275 (ii) agree to follow billing guidelines established by the Department of Human Services
276 and this section.
277 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
278 (i) reduced to a sum certain;
279 (ii) divided equally between the parents; and
280 (iii) charged against each parent taking into account the ability of that parent to pay
281 under billing guidelines adopted in accordance with this section.
282 (b) A judge may order a parent to pay an amount in excess of that provided for in
283 Subsection (6)(a) if the parent:
284 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
285 or
286 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
287 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
288 parents at periodic intervals.
289 (ii) Mediation and services to facilitate parent-time may only be terminated on the
290 ground of nonpayment if both parents are delinquent.
291 (7) If a parent fails to cooperate in good faith in mediation or services to facilitate
292 parent-time, a court may order, in subsequent proceedings, a temporary change in custody or
293 parent-time.
294 (8) (a) The Judicial Council may make rules to implement and administer the
295 provisions of this pilot program related to mediation.
296 (b) The Department of Human Services may make rules to implement and administer
297 the provisions of this pilot program related to services to facilitate parent-time.
298 (9) (a) The Administrative Office of the Courts shall adopt outcome measures to
299 evaluate the effectiveness of the mediation component of this pilot program. Progress reports
300 shall be provided to the Judiciary Interim Committee as requested by the committee. At least
301 once during this pilot program, the Administrative Office of the Courts shall present to the
302 committee the results of a survey that measures the effectiveness of the program in terms of
303 increased compliance with parent-time orders and the responses of interested persons.
304 (b) The Department of Human Services shall adopt outcome measures to evaluate the
305 effectiveness of the services component of this pilot program. Progress reports shall be
306 provided to the Judiciary Interim Committee as requested by the committee.
307 (c) The Administrative Office of the Courts and the Department of Human Services
308 may adopt joint outcome measures and file joint reports to satisfy the requirements of
309 Subsections (8)(a) and (b).
310 (10) (a) The Department of Human Services shall, by following the procedures and
311 requirements of Title 63, Chapter 38e, Federal Funds Procedures, apply for federal funds as
312 available.
313 (b) This pilot program shall be funded through funds received under Subsection
314 (10)(a).
315 Section 6. Section 35A-5-102 is amended to read:
316 35A-5-102. Federal grants for retraining.
317 (1) [
318 Federal Funds Procedures, the state, through the Division of Employment Development may
319 and is encouraged to apply for retraining, community assistance, or technology transfer funds
320 available through:
321 (a) the United States Department of Defense;
322 (b) United States Department of Labor; or
323 (c) other appropriate federal offices or departments.
324 (2) In applying for federal funds, the state through its Division of Employment
325 Development or other appropriate office may inform the federal government of state matching
326 or enhancement funds if those funds are available under Section 67-1-12 .
327 Section 7. Section 53A-24-114 is amended to read:
328 53A-24-114. Governor's Committee on Employment of People with Disabilities.
329 (1) There is created the Governor's Committee on Employment of People with
330 Disabilities.
331 (2) (a) The State Board of Education shall appoint at least twelve members to the
332 committee.
333 (b) The State Board of Education shall ensure that the committee includes members
334 from the public and private sectors who represent:
335 (i) business and industry;
336 (ii) individuals with disabilities and their advocates;
337 (iii) job training and placement;
338 (iv) state agencies, such as the Department of Human Resource Management, the
339 Department of Workforce Services, Public Education, Higher Education, and the Department
340 of Human Services;
341 (v) labor;
342 (vi) veterans;
343 (vii) medical;
344 (viii) health;
345 (ix) insurance;
346 (x) media; and
347 (xi) the general public.
348 (c) (i) Except as provided in Subsection (2)(c)(ii), the State Board of Education shall
349 appoint committee members to serve four-year terms.
350 (ii) In making the initial appointments to the committee, the State Board of Education
351 shall appoint approximately [
352 of the members to four-year terms.
353 (d) Committee members shall serve until their successors are appointed and qualified.
354 (e) The State Board of Education shall fill any vacancy that occurs on the committee
355 for any reason by appointing a person according to the procedures of this section for the
356 unexpired term of the vacated member.
357 (f) The State Board of Education shall select a chair from the membership.
358 (g) Seven members of the committee are a quorum for the transaction of business.
359 (3) (a) The committee shall:
360 (i) promote employment opportunities for individuals with disabilities;
361 (ii) serve as the designated state liaison to the President's Committee on Employment
362 of People with Disabilities;
363 (iii) provide training and technical assistance to employers in implementing the
364 Americans with Disabilities Act;
365 (iv) develop and disseminate appropriate information through workshops, meetings,
366 and other requests in response to needs to employers and others regarding employment of
367 individuals with disabilities;
368 (v) establish contacts with various community representatives to identify and resolve
369 barriers to full participation in employment and community life;
370 (vi) formally recognize exemplary contributions in the areas of employment, job
371 placement, training, rehabilitation, support services, medicine, media or public relations, and
372 personal achievements made by individuals with disabilities;
373 (vii) advise, encourage, and motivate individuals with disabilities who are preparing
374 for or seeking employment to reach their full potential as qualified employees;
375 (viii) advocate for policies and practices that promote full and equal rights for
376 individuals with disabilities;
377 (ix) advise the State Board of Education and the governor on issues that affect
378 employment and other requests for information on disability issues;
379 (x) prepare an annual report on the progress, accomplishments, and future goals of the
380 committee and present the report to the State Board of Education and the governor; and
381 (xi) establish and maintain a cooperative liaison between the governor's office, the
382 executive director of the committee, and the executive director of the Utah State Office of
383 Rehabilitation to fulfill the committee's purpose.
384 (b) The committee may, by following the procedures and requirements of Title 63,
385 Chapter 38e, Federal Funds Procedures, receive and accept federal funds, and may receive and
386 accept state funds, [
387 purposes.
388 (4) The director of the State Office of Rehabilitation shall appoint a person to staff the
389 committee.
390 Section 8. Section 62A-1-112 is amended to read:
391 62A-1-112. Participation in federal programs -- Federal grants -- Authority of
392 executive director.
393 (1) The executive director may, [
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400 Chapter 38e, Federal Funds Procedures, seek federal grants, loans, or participation in federal
401 programs.
402 (2) Wherever state law authorizes a board, director, division, or office of the
403 department to accept any grant, fund, or service which is to be advanced or contributed in
404 whole or in part by the federal government, that acceptance shall be subject to the approval or
405 disapproval of the executive director. All applications for federal grants or other federal
406 financial assistance for the support of any department program is subject to the approval of the
407 executive director.
408 (3) If any executive or legislative provision of the federal government so requires, as a
409 condition to participation by this state in any fund, property, or service, the executive director,
410 with the governor's approval, shall expend whatever funds are necessary out of the moneys
411 provided by the Legislature for use and disbursement by that department.
412 Section 9. Section 62A-3-104 is amended to read:
413 62A-3-104. Authority of division.
414 (1) The division is the sole state agency, as defined by the Older Americans Act of
415 1965, 42 U.S.C. 3001 et seq., to serve as an effective and visible advocate for the aging and
416 adult population of this state, to develop and administer a state plan under the policy direction
417 of the board, and to take primary responsibility for state activities relating to provisions of the
418 Older Americans Act of 1965, as amended.
419 (2) (a) The division has authority to designate planning and service areas for the state,
420 and to designate an area agency on aging within each planning and service area to design and
421 implement a comprehensive and coordinated system of services and programs for the aged
422 within appropriations from the Legislature.
423 (b) Designation as an area agency on aging may be withdrawn:
424 (i) upon request of the area agency on aging; or
425 (ii) upon noncompliance with the provisions of the Older Americans Act of 1965, 42
426 U.S.C. 3001 et seq., the federal regulations enacted under that act, the provisions of this
427 chapter, or the rules, policies, or procedures established by the division.
428 (3) (a) The division has the authority to designate planning and service areas for the
429 state and to designate an area agency on high risk adults within each planning and service area
430 in accordance with Subsection (3)(b) to design and implement a comprehensive and
431 coordinated system of case management and programs for high risk adults within
432 appropriations from the Legislature.
433 (b) Before October 1, 1998, the division shall designate as the area agency on high risk
434 adults in a planning and service area:
435 (i) the area agency on aging that operates within the same geographic area if that
436 agency has requested, before July 1, 1998, to expand its current contract with the division to
437 include the responsibility of:
438 (A) being the area agency on high risk adults; or
439 (B) operating the area agency on high risk adults through joint cooperation with one or
440 more existing area agencies on aging without reducing geographical coverage in any service
441 area; or
442 (ii) a public or private nonprofit agency or office if the area agency on aging that
443 operates within the same geographic area has not made a request in accordance with Subsection
444 (3)(b)(i).
445 (c) Area agencies on high risk adults shall be in operation before July 1, 1999. The
446 division's efforts to establish area agencies on high risk adults shall start with counties with a
447 population of more than 150,000 people.
448 (d) Designation as an area agency on high risk adults may be withdrawn:
449 (i) upon request by the area agency; or
450 (ii) upon noncompliance with state or federal laws, or rules, policies, or procedures
451 established by the division.
452 (4) The division [
453 of Title 63, Chapter 38e, Federal Funds Procedures, seek federal grants, loans, or participation
454 in federal programs and receive and distribute state and federal funds for the division's
455 programs and services to the aging and adult populations of the state.
456 (5) The division has authority to establish, either directly or by contract, programs of
457 advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
458 quality of life for aging and adult citizens of the state.
459 (6) In accordance with the rules of the division and Title 63, Chapter 56, Utah
460 Procurement Code, the division may:
461 (a) contract with the governing body of an area agency to provide a comprehensive
462 program of services; and
463 (b) contract with public and private entities for special services.
464 (7) The division has authority to provide for collection, compilation, and dissemination
465 of information, statistics, and reports relating to issues facing aging and adult citizens.
466 (8) The division has authority to prepare and submit reports regarding the operation
467 and administration of the division to the department, the Legislature, and the governor, as
468 requested.
469 (9) The division shall:
470 (a) implement and enforce policies established by the board governing all aspects of
471 the division's programs for aging and adult persons in the state;
472 (b) monitor and evaluate programs provided by or under contract with the division,
473 area agencies, and any entity that receives funds from an area agency to ensure compliance with
474 all applicable state and federal statutes, policies, and procedures;
475 (c) examine expenditures of public funds;
476 (d) withhold funds from programs based on contract noncompliance;
477 (e) review and approve plans of area agencies in order to ensure compliance with
478 division policies and to ensure a statewide comprehensive program;
479 (f) promote and establish cooperative relationships with state and federal agencies,
480 social and health agencies, education and research organizations, and other related groups in
481 order to further programs for aging and adult persons, and prevent duplication of services;
482 (g) advocate for the aging and adult populations;
483 (h) promote and conduct research on the problems and needs of aging and adult
484 persons, and submit recommendations for changes in policies, programs, and funding to the
485 governor and the Legislature; and
486 (i) (i) accept contributions to and administer the funds contained in the "Out and
487 About" Homebound Transportation Assistance Fund created in Section 62A-3-110 ; and
488 (ii) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
489 Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
490 Transportation Assistance Fund in accordance with Section 62A-3-110 .
491 Section 10. Section 63-34-15 is amended to read:
492 63-34-15. Outdoor recreation facilities -- Participation in federal programs.
493 (1) The Legislature finds that the state of Utah and its political subdivisions should
494 enjoy the benefits of federal assistance programs for the planning and development of the
495 outdoor recreation resources of the state, including the acquisition of lands and waters and
496 interests [
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499
500
501 (2) To accomplish those purposes, the executive director of the Department of Natural
502 Resources may, by following the procedures and requirements of Title 63, Chapter 38e, Federal
503 Funds Procedures, seek federal grants, loans, or participation in federal programs.
504 Section 11. Section 63-34-17 is amended to read:
505 63-34-17. Outdoor recreation facilities -- Powers of executive director to obtain
506 federal aid.
507 The executive director of natural resources may, by following the procedures and
508 requirements of Title 63, Chapter 38e, Federal Funds Procedures, apply to any appropriate
509 agency or officer of the United States for participation in or the receipt of aid from any federal
510 program respecting outdoor recreation. He may, in cooperation with other state agencies and
511 after obtaining the approvals required by Title 63, Chapter 38e, Federal Funds Procedures,
512 enter into contracts and agreements with the United States or any appropriate agency thereof
513 [
514 furnish to appropriate officials and agencies of the United States such reports and information
515 as may be reasonably necessary to enable such officials and agencies to perform their duties
516 under such programs. In connection with obtaining the benefits of any such program, the
517 executive director of natural resources shall coordinate the department's activities with and
518 represent the interests of all agencies and subdivisions of the state having interests in the
519 planning, development, and maintenance of outdoor recreation resources and facilities.
520 Section 12. Section 63-34-101 is amended to read:
521 63-34-101. Utah Energy Office created -- Utah Energy Office duties.
522 (1) There is created within the department the Utah Energy Office.
523 (2) The Utah Energy Office shall:
524 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
525 Funds Procedures, seek federal grants, loans, or participation in federal programs, and, in
526 accordance with applicable federal program guidelines, administer federally funded state
527 programs regarding:
528 (i) renewable energy;
529 (ii) energy efficiency; and
530 (iii) energy conservation;
531 (b) coordinate and facilitate the development and implementation of programs:
532 (i) for state buildings; and
533 (ii) relating to:
534 (A) procurement of energy;
535 (B) consumption of energy;
536 (C) conservation of energy; and
537 (D) efficient use of energy;
538 (c) if requested by the governor, prepare a state energy emergency plan in accordance
539 with Title 63, Chapter 53a, Energy Emergency Powers of Governor;
540 (d) participate in regulatory proceedings as appropriate to promote the development,
541 conservation, and efficient use of energy;
542 (e) coordinate state governmental functions regarding energy development and use;
543 (f) facilitate the development and implementation of policies and programs in the state
544 related to:
545 (i) energy production;
546 (ii) processing of energy;
547 (iii) use of energy; and
548 (iv) energy related technology;
549 (g) monitor federal laws and regulations related to:
550 (i) energy development;
551 (ii) processing of energy; or
552 (iii) use of energy;
553 (h) recommend state policy positions regarding energy to:
554 (i) the governor; or
555 (ii) the Legislature;
556 (i) represent the state on regional and national energy matters:
557 (i) at the initiative of the office; or
558 (ii) as requested by the governor;
559 (j) coordinate and consolidate energy resource data collection throughout state
560 government;
561 (k) provide the Legislature and the governor with:
562 (i) an annual report addressing the current status of energy markets in the state; and
563 (ii) an independent assessment of energy issues; and
564 (l) perform forecasts of state-level:
565 (i) energy production;
566 (ii) energy consumption; and
567 (iii) energy prices.
568 Section 13. Section 63-38-2 (Superseded 07/01/04) is amended to read:
569 63-38-2 (Superseded 07/01/04). Governor to submit budget to Legislature --
570 Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
571 estimated revenues.
572 (1) (a) The governor shall, within three days after the convening of the Legislature in
573 the annual general session, submit a budget for the ensuing fiscal year by delivering it to the
574 presiding officer of each house of the Legislature together with a schedule for all of the
575 proposed appropriations of the budget, clearly itemized and classified.
576 (b) The budget message shall include:
577 (i) a projection of estimated revenues and expenditures for the next fiscal year[
578 (ii) the source of all direct, indirect, or in-kind matching funds for all federal grants or
579 assistance programs included in the budget.
580 (2) At least 34 days before the submission of any budget, the governor shall deliver a
581 confidential draft copy of his proposed budget recommendations to the Office of the
582 Legislative Fiscal Analyst.
583 (3) (a) The budget shall contain a complete plan of proposed expenditures and
584 estimated revenues for the next fiscal year based upon the current fiscal year state tax laws and
585 rates.
586 (b) The budget may be accompanied by a separate document showing proposed
587 expenditures and estimated revenues based on changes in state tax laws or rates.
588 (4) The budget shall be accompanied by a statement showing:
589 (a) the revenues and expenditures for the last fiscal year;
590 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
591 funds of the state;
592 (c) an estimate of the state's financial condition as of the beginning and the end of the
593 period covered by the budget;
594 (d) a complete analysis of lease with an option to purchase arrangements entered into
595 by state agencies;
596 (e) the recommendations for each state agency for new full-time employees for the next
597 fiscal year; which recommendation should be provided also to the State Building Board under
598 Subsection 63A-5-103 (2);
599 (f) any explanation the governor may desire to make as to the important features of the
600 budget and any suggestion as to methods for the reduction of expenditures or increase of the
601 state's revenue; and
602 (g) the information detailing certain regulatory fee increases required by Section
603 63-38-3.2 .
604 (5) The budget shall include an itemized estimate of the appropriations for:
605 (a) the Legislative Department as certified to the governor by the president of the
606 Senate and the speaker of the House;
607 (b) the Executive Department;
608 (c) the Judicial Department as certified to the governor by the state court administrator;
609 (d) payment and discharge of the principal and interest of the indebtedness of the state;
610 (e) the salaries payable by the state under the Utah Constitution or under law for the
611 lease agreements planned for the next fiscal year;
612 (f) other purposes that are set forth in the Utah Constitution or under law; and
613 (g) all other appropriations.
614 (6) Deficits or anticipated deficits shall be included in the budget.
615 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
616 require from the proper state officials, including public and higher education officials, all heads
617 of executive and administrative departments and state institutions, bureaus, boards,
618 commissions, and agencies expending or supervising the expenditure of the state moneys, and
619 all institutions applying for state moneys and appropriations, itemized estimates of revenues
620 and expenditures.
621 (ii) (A) The governor may also require other information under these guidelines and at
622 times as the governor may direct.
623 (B) These guidelines may include a requirement for program productivity and
624 performance measures, where appropriate, with emphasis on outcome indicators.
625 (b) The estimate for the Legislative Department as certified by the presiding officers of
626 both houses shall be included in the budget without revision by the governor.
627 (c) The estimate for the Judicial Department, as certified by the state court
628 administrator, shall also be included in the budget without revision, but the governor may make
629 separate recommendations on it.
630 (d) The governor may require the attendance at budget meetings of representatives of
631 public and higher education, state departments and institutions, and other institutions or
632 individuals applying for state appropriations.
633 (e) The governor may revise all estimates, except those relating to the Legislative
634 Department, the Judicial Department, and those providing for the payment of principal and
635 interest to the state debt and for the salaries and expenditures specified by the Utah
636 Constitution or under the laws of the state.
637 (8) The total appropriations requested for expenditures authorized by the budget may
638 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
639 fiscal year.
640 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
641 does not affect the budget itself or any other item in it.
642 (10) (a) In submitting the budgets for the Departments of Health and Human Services
643 and the Office of the Attorney General, the governor shall consider a separate recommendation
644 in his budget for funds to be contracted to:
645 (i) local mental health authorities under Section 62A-15-110 ;
646 (ii) local substance abuse authorities under Section 62A-15-110 ;
647 (iii) area agencies under Section 62A-3-104.2 ;
648 (iv) programs administered directly by and for operation of the Divisions of Substance
649 Abuse and Mental Health and Aging and Adult Services;
650 (v) local health departments under Title 26A, Chapter 1, Local Health [
651
652 (vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
653 (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
654 governor shall consider an amount sufficient to grant local health departments, local mental
655 health authorities, local substance abuse authorities, and area agencies the same percentage
656 increase for wages and benefits that he includes in his budget for persons employed by the
657 state.
658 (c) If the governor does not include in his budget an amount sufficient to grant the
659 increase described in Subsection (10)(b), he shall include a message to the Legislature
660 regarding his reason for not including that amount.
661 (11) (a) In submitting the budget for the Division of Services for People with
662 Disabilities, the Division of Child and Family Services, and the Division of Youth Corrections
663 within the Department of Human Services, the governor shall consider an amount sufficient to
664 grant employees of corporations that provide direct services under contract with those
665 divisions, the same percentage increase for cost-of-living that he includes in his budget for
666 persons employed by the state.
667 (b) If the governor does not include in his budget an amount sufficient to grant the
668 increase described in Subsection (11)(a), he shall include a message to the Legislature
669 regarding his reason for not including that amount.
670 (12) (a) The Families, Agencies, and Communities Together Council may propose to
671 the governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative
672 service delivery systems operated under Section 63-75-6.5 .
673 (b) The Legislature may, through a specific program schedule, designate funds
674 appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .
675 (13) The governor shall include in his budget the state's portion of the budget for the
676 Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
677 Communications Agency Network Act.
678 (14) In adopting a budget for each fiscal year, the Legislature shall consider an amount
679 sufficient to grant local health departments, local mental health authorities, local substance
680 abuse authorities, and area agencies on aging the same percentage increase for wages and
681 benefits that is included in the budget for persons employed by the state.
682 Section 14. Section 63-38-2 (Effective 07/01/04) is amended to read:
683 63-38-2 (Effective 07/01/04). Governor to submit budget to Legislature --
684 Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
685 estimated revenues.
686 (1) (a) The governor shall, within three days after the convening of the Legislature in
687 the annual general session, submit a budget for the ensuing fiscal year by delivering it to the
688 presiding officer of each house of the Legislature together with a schedule for all of the
689 proposed appropriations of the budget, clearly itemized and classified.
690 (b) The budget message shall include:
691 (i) a projection of estimated revenues and expenditures for the next fiscal year[
692 (ii) the source of all direct, indirect, or in-kind matching funds for all federal grants or
693 assistance programs included in the budget.
694 (2) At least 34 days before the submission of any budget, the governor shall deliver a
695 confidential draft copy of his proposed budget recommendations to the Office of the
696 Legislative Fiscal Analyst.
697 (3) (a) The budget shall contain a complete plan of proposed expenditures and
698 estimated revenues for the next fiscal year based upon the current fiscal year state tax laws and
699 rates.
700 (b) The budget may be accompanied by a separate document showing proposed
701 expenditures and estimated revenues based on changes in state tax laws or rates.
702 (4) The budget shall be accompanied by a statement showing:
703 (a) the revenues and expenditures for the last fiscal year;
704 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
705 funds of the state;
706 (c) an estimate of the state's financial condition as of the beginning and the end of the
707 period covered by the budget;
708 (d) a complete analysis of lease with an option to purchase arrangements entered into
709 by state agencies;
710 (e) the recommendations for each state agency for new full-time employees for the next
711 fiscal year; which recommendation should be provided also to the State Building Board under
712 Subsection 63A-5-103 (2);
713 (f) any explanation the governor may desire to make as to the important features of the
714 budget and any suggestion as to methods for the reduction of expenditures or increase of the
715 state's revenue; and
716 (g) the information detailing certain regulatory fee increases required by Section
717 63-38-3.2 .
718 (5) The budget shall include an itemized estimate of the appropriations for:
719 (a) the Legislative Department as certified to the governor by the president of the
720 Senate and the speaker of the House;
721 (b) the Executive Department;
722 (c) the Judicial Department as certified to the governor by the state court administrator;
723 (d) payment and discharge of the principal and interest of the indebtedness of the state;
724 (e) the salaries payable by the state under the Utah Constitution or under law for the
725 lease agreements planned for the next fiscal year;
726 (f) other purposes that are set forth in the Utah Constitution or under law; and
727 (g) all other appropriations.
728 (6) Deficits or anticipated deficits shall be included in the budget.
729 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
730 require from the proper state officials, including public and higher education officials, all heads
731 of executive and administrative departments and state institutions, bureaus, boards,
732 commissions, and agencies expending or supervising the expenditure of the state moneys, and
733 all institutions applying for state moneys and appropriations, itemized estimates of revenues
734 and expenditures.
735 (ii) (A) The governor may also require other information under these guidelines and at
736 times as the governor may direct.
737 (B) These guidelines may include a requirement for program productivity and
738 performance measures, where appropriate, with emphasis on outcome indicators.
739 (b) The estimate for the Legislative Department as certified by the presiding officers of
740 both houses shall be included in the budget without revision by the governor.
741 (c) The estimate for the Judicial Department, as certified by the state court
742 administrator, shall also be included in the budget without revision, but the governor may make
743 separate recommendations on it.
744 (d) The governor may require the attendance at budget meetings of representatives of
745 public and higher education, state departments and institutions, and other institutions or
746 individuals applying for state appropriations.
747 (e) The governor may revise all estimates, except those relating to the Legislative
748 Department, the Judicial Department, and those providing for the payment of principal and
749 interest to the state debt and for the salaries and expenditures specified by the Utah
750 Constitution or under the laws of the state.
751 (8) The total appropriations requested for expenditures authorized by the budget may
752 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
753 fiscal year.
754 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
755 does not affect the budget itself or any other item in it.
756 (10) (a) In submitting the budgets for the Departments of Health and Human Services
757 and the Office of the Attorney General, the governor shall consider a separate recommendation
758 in his budget for funds to be contracted to:
759 (i) local mental health authorities under Section 62A-15-110 ;
760 (ii) local substance abuse authorities under Section 62A-15-110 ;
761 (iii) area agencies under Section 62A-3-104.2 ;
762 (iv) programs administered directly by and for operation of the Divisions of Substance
763 Abuse and Mental Health and Aging and Adult Services;
764 (v) local health departments under Title 26A, Chapter 1, Local Health [
765
766 (vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
767 (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
768 governor shall consider an amount sufficient to grant local health departments, local mental
769 health authorities, local substance abuse authorities, and area agencies the same percentage
770 increase for wages and benefits that he includes in his budget for persons employed by the
771 state.
772 (c) If the governor does not include in his budget an amount sufficient to grant the
773 increase described in Subsection (10)(b), he shall include a message to the Legislature
774 regarding his reason for not including that amount.
775 (11) (a) In submitting the budget for the Division of Services for People with
776 Disabilities, the Division of Child and Family Services, and the Division of Juvenile Justice
777 Services within the Department of Human Services, the governor shall consider an amount
778 sufficient to grant employees of corporations that provide direct services under contract with
779 those divisions, the same percentage increase for cost-of-living that he includes in his budget
780 for persons employed by the state.
781 (b) If the governor does not include in his budget an amount sufficient to grant the
782 increase described in Subsection (11)(a), he shall include a message to the Legislature
783 regarding his reason for not including that amount.
784 (12) (a) The Families, Agencies, and Communities Together Council may propose to
785 the governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative
786 service delivery systems operated under Section 63-75-6.5 .
787 (b) The Legislature may, through a specific program schedule, designate funds
788 appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .
789 (13) The governor shall include in his budget the state's portion of the budget for the
790 Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
791 Communications Agency Network Act.
792 (14) In adopting a budget for each fiscal year, the Legislature shall consider an amount
793 sufficient to grant local health departments, local mental health authorities, local substance
794 abuse authorities, and area agencies on aging the same percentage increase for wages and
795 benefits that is included in the budget for persons employed by the state.
796 Section 15. Section 63-38-11.5 is enacted to read:
797 63-38-11.5. Reduction in federal funds -- Agencies to reduce budgets.
798 (1) In any fiscal year in which federal grants to be received by state agencies,
799 departments, divisions, or institutions are reduced below the level estimated in the
800 appropriations acts for that year, the programs supported by those grants must be reduced
801 commensurate with the amount of the federal reduction unless the Legislature appropriates
802 state funds to offset the loss in federal funding.
803 (2) This program modification shall be reported to the Legislature through the
804 Executive Appropriations Committee and the Office of the Legislative Fiscal Analyst.
805 Section 16. Section 63-38d-301 is amended to read:
806 63-38d-301. Budget duties of the director and office.
807 (1) The director and the office shall:
808 (a) comply with the procedures and requirements of Title 63, Chapter 38, Budgetary
809 Procedures Act;
810 (b) under the direct supervision of the governor, assist the governor in the preparation
811 of the governor's budget recommendations;
812 (c) advise the governor with regard to approval or revision of agency work programs as
813 specified in Section 63-38-11 ; and
814 (d) perform other duties and responsibilities as assigned by the governor.
815 (2) (a) The director of the Governor's Office of Planning and Budget or the director's
816 designee is the Federal Assistance Management Officer.
817 (b) In acting as the Federal Assistance Management Officer, the director or designee
818 shall:
819 (i) study the administration and effect of federal assistance programs in the state and
820 advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
821 the Executive Appropriations Committee, of alternative recommended methods and procedures
822 for the administration of these programs;
823 (ii) assist in the coordination of federal assistance programs that involve or are
824 administered by more than one state agency; and
825 (iii) analyze and advise on applications for new federal assistance programs submitted
826 to the governor for approval as required by Chapter 38e, Federal Funds Procedures.
827 Section 17. Section 63-38e-101 is enacted to read:
828
829 63-38e-101. Definitions.
830 As used in this chapter:
831 (1) (a) "Agency" means a department, division, committee, commission, council, or
832 other administrative subunit of the state.
833 (b) "Agency" does not mean higher education institutions or political subdivisions.
834 (2) (a) "Federal funds" means cash received from the United States government or
835 from other individuals or entities for or on behalf of the United States and deposited with the
836 state treasurer or any agency of the state.
837 (b) "Federal funds" includes federal assistance and federal assistance programs,
838 however described.
839 (3) "Federal funds application" means the formal submission from an agency to the
840 federal government:
841 (a) applying for or otherwise seeking to obtain new federal funds;
842 (b) applying for or seeking to participate in a new federal program that will result in
843 federal funds being transferred to an agency;
844 (c) applying for or seeking reauthorization of federal funds; or
845 (d) applying for or seeking reauthorization to participate in a federal program that will
846 result in federal funds being transferred to an agency.
847 (4) "State" means the state of Utah and all of its state agencies, political subdivisions,
848 and administrative subunits of them.
849 Section 18. Section 63-38e-201 is enacted to read:
850 63-38e-201. Governor to approve federal funds applications.
851 (1) (a) Before submitting a federal funds application to the federal government, an
852 agency shall submit a federal funds application to the governor for approval or rejection when:
853 (i) the state will receive total payments of $1,000,00 or less per year if the application
854 is approved;
855 (ii) receipt of the grant will require no additional permanent full-time employees; and
856 (iii) no new state funds will be required to match the federal funds or to implement the
857 program for which the grant is issued.
858 (b) The Governor's Office of Planning and Budget shall report each federal funds
859 application approved by the governor and each federal funds application approved by the
860 federal government to:
861 (i) the Legislature's Executive Appropriations Committee;
862 (ii) the Office of the Legislative Fiscal Analyst; and
863 (iii) the Office of Legislative Research and General Counsel.
864 (2) The governor shall approve or reject each federal funds application submitted to
865 him under the authority of this section.
866 (3) (a) If the governor approves the federal funds application, the agency may submit
867 the application.
868 (b) If the governor rejects the federal funds application, the agency may not submit the
869 application.
870 (4) If an agency submits a federal funds application without obtaining the governor's
871 approval under this section, the governor may require the agency to withdraw the federal funds
872 application or return the federal funds.
873 Section 19. Section 63-38e-202 is enacted to read:
874 63-38e-202. Legislative review and approval of certain federal funds applications.
875 (1) As used in this section:
876 (a) " High impact federal funds application" means a federal funds application that will
877 or could:
878 (i) result in the state receiving total payments of $10,000,000 or more per year from the
879 federal government under the grant;
880 (ii) require the state to add more than ten permanent full-time employees in order to
881 receive or implement the grant; or
882 (iii) require the state to expend more than $1,000,000 of additional state funds in a
883 fiscal year in order to receive or implement the grant.
884 (b) "Medium impact federal funds application" means a federal funds application that
885 will or could:
886 (i) result in the state receiving total payments of more than $1,000,000 but less than
887 $10,000,000 per year from the federal government under the grant;
888 (ii) require the state to add one to ten permanent full-time employees in order to
889 receive or implement the grant; or
890 (iii) require the state to expend $1 to $1,000,000 of additional state funds in a fiscal
891 year in order to receive or implement the grant.
892 (2) (a) Before submitting a medium impact federal funds application to the federal
893 government, an agency shall:
894 (i) submit the federal funds application to the governor for approval or rejection; and
895 (ii) if the governor approves the federal funds application, submit the federal funds
896 application to the Legislative Executive Appropriations Committee for its review and
897 recommendations.
898 (b) The Legislative Executive Appropriations Committee shall review the federal funds
899 application and may:
900 (i) recommend that the agency submit the federal funds application;
901 (ii) recommend that the agency not submit the federal funds application; or
902 (iii) recommend to the governor that the governor call a special session of the
903 Legislature to review and approve or reject the federal funds application.
904 (3) (a) Before submitting a high impact federal funds application seeking federal funds,
905 an agency shall:
906 (i) submit the federal funds application to the governor for approval or rejection; and
907 (ii) if the governor approves the federal funds application, submit the application to the
908 Legislature for its approval in an annual general session or a special session.
909 (b) (i) If the Legislature approves the federal funds application, the agency may submit
910 the application seeking federal funds.
911 (ii) If the Legislature rejects the federal funds application, the agency may not submit
912 the application.
913 (c) If an agency submits a federal funds application without obtaining the Legislature's
914 approval under this Subsection (3):
915 (i) the governor may require the agency to withdraw the application or return the
916 federal funds;
917 (ii) the Legislature may, if federal law allows, opt out or decline to participate in the
918 federal program or decline to receive the federal funding; or
919 (iii) the Legislature may reduce the agency's General Fund appropriation in an amount
920 less than, equal to, or greater than the amount of federal funds received by the agency.
921 Section 20. Section 63-47-7 is amended to read:
922 63-47-7. Authority to accept funds, gifts, and donations.
923 The commission may, subject to Title 63, Chapter 38e, Federal Funds Procedures,
924 receive and accept federal funds, and receive and accept private gifts, donations, or funds from
925 any source. All moneys shall be deposited with the state and shall be continuously available to
926 the commission to carry out the purposes of this act.
927 Section 21. Section 65A-8-1.2 is amended to read:
928 65A-8-1.2. Urban and community forestry program.
929 (1) An urban and community forestry program is created within the division.
930 (2) The purpose of the program is to encourage the planting and maintenance of trees
931 within municipalities and unincorporated communities.
932 (3) The division may:
933 (a) advise and assist municipalities, counties, and other public and private entities in
934 developing and coordinating policies, programs, and activities promoting urban and
935 community forestry;
936 (b) receive, by following the procedures and requirements of Title 63, Chapter 38e,
937 Federal Funds Procedures, federal funds for the urban and community forestry program; and
938 (c) provide grants to municipalities and counties for urban and community forestry
939 programs and cooperative projects.
940 (4) The division shall:
941 (a) develop a public education program to inform tree care professionals and citizens of
942 the hazards involved with the planting of new trees and the maintenance of existing trees near
943 overhead power lines and highways; and
944 (b) develop and implement a program of public awareness to inform citizens about the
945 benefits of planting trees in urban areas and how to maintain trees.
946 Section 22. Section 71-7-3 is amended to read:
947 71-7-3. Development, operation, and maintenance of Utah Veterans' Cemetery
948 and Memorial Park -- Responsibilities of Division of Veterans' Affairs -- Costs --
949 Definition.
950 (1) The Division of Veterans' Affairs, in consultation with the Veterans' Memorial Park
951 Board, shall develop, operate, and maintain a veterans' cemetery and memorial park.
952 (2) To help pay the costs of developing, constructing, operating, and maintaining a
953 veterans' cemetery and memorial park, the Division of Veterans' Affairs may:
954 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
955 Funds Procedures, receive federal funds, and may receive state funds, contributions from
956 veterans' organizations, and other private donations; and
957 (b) charge fees for at least the cost of the burial of veterans' spouses and other persons,
958 whom the division and the Veterans' Memorial Park Board determines are eligible to be buried
959 in a veterans' cemetery established by the state.
960 (3) As used in this chapter, "veteran" has the same meaning as in Section 71-8-1 .
961 Section 23. Section 72-7-206 is amended to read:
962 72-7-206. Screening of existing junkyards.
963 (1) The department shall screen any junkyard lawfully in existence on May 9, 1967,
964 which is located within 1,000 feet of the nearest edge of the right-of-way and visible from the
965 main-traveled-way of any highway on the interstate or primary system.
966 (2) The screening shall be at locations on the right-of-way or in areas outside the
967 right-of-way acquired for that purpose and may not be visible from the main-traveled-way of
968 the interstate or federal-aid primary systems.
969 (3) The department may not install junkyard screening under this section unless:
970 (a) the necessary federal funds for participation have been appropriated by the federal
971 government and are immediately available to the state[
972 (b) the department has received approval to seek federal grants, loans, or participation
973 in federal programs under Title 63, Chapter 38e, Federal Funds Procedures.
974 Section 24. Section 72-7-207 is amended to read:
975 72-7-207. Junkyards not adaptable to screening -- Authority of department to
976 acquire land -- Compensation.
977 (1) If the department determines that the topography of the land adjoining the interstate
978 and primary systems will not permit adequate screening of junkyards or that screening would
979 not be economically feasible, the department may acquire by gift, purchase, exchange, or
980 eminent domain the interests in lands necessary to secure the relocation, removal, or disposal
981 of the junkyards.
982 (2) If the department determines that it is in the best interests of the state, it may
983 acquire lands, or interests in lands, necessary to provide adequate screening of junkyards.
984 (3) The acquisitions provided for in this section may not be undertaken unless:
985 (a) the necessary federal funds for participation have been appropriated by the federal
986 government and are immediately available to the state[
987 (b) the department has received approval to seek federal grants, loans, or participation
988 in federal programs under Title 63, Chapter 38e, Federal Funds Procedures.
989 (4) Damages resulting from any taking of property in eminent domain shall be
990 ascertained in the manner provided by law.
991 (5) Just compensation shall be paid the owner for the relocation, removal, or disposal
992 of a junkyard lawfully established under the laws of this state and which must be relocated,
993 removed, or disposed of under this part.
994 Section 25. Repealer.
995 This bill repeals:
996 Section 63-40-1, Purposes of chapter.
997 Section 63-40-2, Federal assistance management officer -- Duties.
998 Section 63-40-3, Governor authorized to accept funds -- Designation of state
999 agency -- Identification of federal grants or assistance programs.
1000 Section 63-40-4, Applications for funds by state agencies -- Approval.
1001 Section 63-40-5, Reports by participating state agencies.
1002 Section 63-40-6, Reduction in programs supported by federal grants required.
1003 Section 63-40-7, Executive Appropriations Committee -- Oversight of federal
1004 assistance -- Meeting with congressional leaders.
1005 Section 26. Effective date.
1006 This bill takes effect on May 3, 2004, except that the amendments to Section 63-38-2
1007 (Effective 07/01/04) take effect on July 1, 2004.
Legislative Review Note
as of 1-7-04 1:03 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.