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First Substitute H.B. 231
Representative Chad E. Bennion proposes the following substitute bill:
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REVIEW AND APPROVAL OF FEDERAL
2
MONIES RECEIVED BY THE STATE
3
2004 GENERAL SESSION
4
STATE OF UTAH
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Sponsor: Chad E. Bennion
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LONG TITLE
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General Description:
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This bill establishes procedures for review and approval of applications to receive
10
federal funds or participate in federal programs.
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Highlighted Provisions:
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This bill:
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. requires that the governor approve all federal funds applications originating in
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executive branch agencies;
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. requires the Judicial Council to approve all federal funds applications originating in
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judicial branch agencies;
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. requires that the Executive Appropriations Committee review and approve certain
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federal funds applications;
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. requires that the Legislature review and approve certain federal funds applications;
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. establishes remedies if state agencies fail to obtain appropriate approvals; and
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. makes technical corrections.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides an effective date.
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Utah Code Sections Affected:
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AMENDS:
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9-1-205, as renumbered and amended by Chapter 241, Laws of Utah 1992
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9-1-809, as last amended by Chapter 27, Laws of Utah 1999
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9-4-202, as last amended by Chapter 95, Laws of Utah 2003
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9-8-405, as renumbered and amended by Chapter 241, Laws of Utah 1992
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30-3-38, as last amended by Chapter 269, Laws of Utah 2003
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35A-5-102, as renumbered and amended by Chapter 375, Laws of Utah 1997
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53A-24-114, as last amended by Chapter 240, Laws of Utah 1996
35
62A-1-112, as enacted by Chapter 1, Laws of Utah 1988
36
62A-3-104, as last amended by Chapter 268, Laws of Utah 2002
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63-34-15, as renumbered and amended by Chapter 16, Laws of Utah 2003
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63-34-17, as renumbered and amended by Chapter 16, Laws of Utah 2003
39
63-34-101, as last amended by Chapter 144, Laws of Utah 2003
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63-38-2 (Superseded 07/01/04), as last amended by Chapters 98 and 209, Laws of
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Utah 2003
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63-38-2 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
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63-38d-301, as enacted by Chapter 16, Laws of Utah 2003
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63-47-7, as enacted by Chapter 173, Laws of Utah 1973
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65A-8-1.2, as enacted by Chapter 320, Laws of Utah 1998
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71-7-3, as last amended by Chapter 134, Laws of Utah 2000
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72-7-206, as renumbered and amended by Chapter 270, Laws of Utah 1998
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72-7-207, as renumbered and amended by Chapter 270, Laws of Utah 1998
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ENACTS:
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63-38-11.5, Utah Code Annotated 1953
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63-38e-101, Utah Code Annotated 1953
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63-38e-201, Utah Code Annotated 1953
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63-38e-202, Utah Code Annotated 1953
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63-38e-203, Utah Code Annotated 1953
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REPEALS:
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63-40-1, as last amended by Chapter 156, Laws of Utah 1996
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63-40-2, as last amended by Chapter 16, Laws of Utah 2003
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63-40-3, as last amended by Chapter 156, Laws of Utah 1996
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63-40-4, as last amended by Chapter 156, Laws of Utah 1996
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63-40-5, as last amended by Chapter 156, Laws of Utah 1996
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63-40-6, as last amended by Chapter 156, Laws of Utah 1996
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63-40-7, as enacted by Chapter 156, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-1-205
is amended to read:
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9-1-205. Powers and duties of executive director.
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(1) The executive director, with the approval of the governor, may:
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[(a) accept for and on behalf of, and bind the state to, any federal program in which the
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state 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
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the federal government for purposes consistent with the powers and duties of the department;]
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(a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
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Funds Procedures, seek federal grants, loans, or participation in federal programs;
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(b) enter into lawful contracts or agreements with other states, any chamber of
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commerce organization, and any service club; and
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(c) annually prepare and submit to the governor a budget of the department's financial
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requirements.
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(2) 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, the
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executive director shall expend whatever funds are necessary out of the money provided by the
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Legislature for the use of the department.
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Section 2.
Section
9-1-809
is amended to read:
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9-1-809. Commission duties.
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(1) The commission shall, in the performance of its tasks and functions:
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(a) ensure that its funding decisions meet all federal and state statutory requirements;
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(b) recommend innovative, creative, statewide service programs to increase volunteer
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participation in all age groups and community-based problem-solving among diverse
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participants;
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(c) develop and implement a centralized, organized system of obtaining information
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and technical support concerning volunteerism and community service recruitment, projects,
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training methods, materials, and activities throughout the state and share such information and
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support upon request;
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(d) promote strong interagency collaboration as an avenue for maximizing resources
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and providing that model on the state level;
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(e) provide public recognition and support of individual volunteer efforts and
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successful or promising private sector initiatives and public/private partnerships that address
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community needs;
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(f) stimulate increased community awareness of the impact of volunteer services in the
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state;
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(g) utilize local, state, and, subject to Title 63, Chapter 38e, Federal Funds Procedures,
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federal resources to reinforce, expand, and initiate quality service programs;
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(h) assist in the planning and implementation of volunteer programs;
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(i) serve as the state's liaison and voice to appropriate national and state organizations
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that support its mission;
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(j) develop a three-year comprehensive state and community service plan and establish
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state priorities;
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(k) preselect programs and prepare applications to the corporation pursuant to the act;
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(l) prepare service learning applications;
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(m) administer the grants program and oversee and monitor the performance and
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progress of funded programs;
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(n) implement comprehensive, nonduplicative evaluation and monitoring systems;
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(o) provide technical assistance to local nonprofit organizations and other entities;
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(p) assist in the development of programs established in the act;
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(q) develop mechanisms for recruitment and placement of people interested in
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participating in national service programs;
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(r) assist in the provision of health care and child care benefits to participants under the
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act;
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(s) make priority program recommendations to the corporation;
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(t) coordinate its activities with the activities of other state agencies that administer
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federal block grants; and
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(u) coordinate its activities with the activities of other volunteer service programs.
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(2) The commission may not directly operate or run any national service program
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receiving financial assistance, in any form, from the corporation.
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(3) The commission may, subject to Title 63, Chapter 38e, Federal Funds Procedures,
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receive and accept federal funds, and may receive and accept private gifts, donations, or funds
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from any source. All moneys shall be deposited with the state and shall be continuously
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available to the commission to carry out the purposes of this part.
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(4) (a) The commission shall establish a community volunteer training program to
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assist the state's school districts in implementing the literacy programs required under Section
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53A-1-801
.
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(b) The program shall focus on:
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(i) recruitment of volunteers to assist public schools in reading improvement programs;
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(ii) providing for the training of volunteers recruited under Subsection (4)(b)(i), which
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may include training in teaching phonetic decoding skills and phonemic awareness, to assist
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public schools and community based, not-for-profit literacy programs in accomplishing the
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literacy goals established in Section
53A-1-801
;
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(iii) providing grants to entities whose primary purpose is to support literacy by
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working with either school districts or individual schools to accomplish their literacy goals;
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and
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(iv) providing materials and supplies which may be used by the commission or the
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public schools or both to help public education accomplish its literacy goals under Section
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53A-1-801
.
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(c) The commission shall coordinate its activities under this Subsection (4) with other
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state and community entities engaged in child literacy programs.
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(d) (i) The commission shall make an annual report to the State Board of Education on:
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(A) how public monies were spent on the programs authorized under this Subsection
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(4); and
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(B) the number of volunteers recruited for and participating in the program.
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(ii) The commission shall make its report by July 1, with the first report required by
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July 1, 2000.
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Section 3.
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
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maintenance 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
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boards, community development groups, community action agencies, and other agencies
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created for the purpose of aiding and encouraging an orderly, productive, and coordinated
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development of the state and its political subdivisions;
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(c) assist the governor in coordinating the activities of state agencies which have an
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impact on the solution of community development problems and the implementation of
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community plans;
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(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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(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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(f) assist in funding affordable housing and addressing problems of homelessness;
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(g) support economic development activities through grants, loans, and direct programs
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financial assistance;
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(h) certify project funding at the local level in conformance with federal, state, and
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other requirements;
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(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
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the 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
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state is invited, permitted, or authorized to participate in the distribution, disbursement, or
184
administration of any fund or service advanced, offered, or contributed in whole or in part, by
185
the federal government for purposes consistent with the powers and duties of the department;]
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(a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
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Funds Procedures, seek federal grants, loans, or participation in federal programs;
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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;
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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; and
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(d) assist, when requested by a county or municipality, in the development of
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accessible housing.
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Section 4.
Section
9-8-405
is amended to read:
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9-8-405. Federal funds -- Agreements on standards and procedures.
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[The] By following the procedures and requirements of Title 63, Chapter 38e, Federal
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Funds Procedures, the division may accept and administer federal funds provided under the
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provisions of the National Historic Preservation Act of 1966, the Land and Water Conservation
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Act as amended, and subsequent legislation directed toward the encouragement of historic
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preservation, and to enter into those agreements on professional standards and procedures
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required by participation in the National Historic Preservation Act of 1966 and the National
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Register Office.
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Section 5.
Section
30-3-38
is amended to read:
207
30-3-38. Pilot Program for Expedited Parent-time Enforcement.
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(1) There is established an Expedited Parent-time Enforcement Pilot Program in the
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third judicial district to be administered by the Administrative Office of the Courts from July 1,
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2003, to July 1, 2007.
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(2) As used in this section:
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(a) "Mediator" means a person who:
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(i) is qualified to mediate parent-time disputes under criteria established by the
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Administrative Office of the Courts; and
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(ii) agrees to follow billing guidelines established by the Administrative Office of the
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Courts and this section.
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(b) "Services to facilitate parent-time" or "services" means services designed to assist
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families in resolving parent-time problems through:
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(i) counseling;
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(ii) supervised parent-time;
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(iii) neutral drop-off and pick-up;
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(iv) educational classes; and
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(v) other related activities.
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(3) (a) Under this pilot program, if a parent files a motion in the third district court
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alleging that court-ordered parent-time rights are being violated, the clerk of the court, after
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assigning the case to a judge, shall refer the case to the administrator of this pilot program for
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assignment to a mediator.
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(b) Upon receipt of a case, the mediator shall:
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(i) meet with the parents to address parent-time issues within 15 days of the motion
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being filed;
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(ii) assess the situation;
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(iii) facilitate an agreement on parent-time between the parents; and
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(iv) determine whether a referral to a service provider under Subsection (3)(c) is
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warranted.
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(c) While a case is in mediation, a mediator may refer the parents to a service provider
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designated by the Department of Human Services for services to facilitate parent-time if:
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(i) the services may be of significant benefit to the parents; or
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(ii) (A) a mediated agreement between the parents is unlikely; and
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(B) the services may facilitate an agreement.
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(d) At any time during mediation, a mediator shall terminate mediation and transfer the
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case to the administrator of the pilot program for referral to the judge or court commissioner to
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whom the case was assigned under Subsection (3)(a) if:
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(i) a written agreement between the parents is reached; or
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(ii) the parents are unable to reach an agreement through mediation and:
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(A) the parents have received services to facilitate parent-time;
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(B) both parents object to receiving services to facilitate parent-time; or
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(C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
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(e) Upon receiving a case from the administrator of the pilot program, a judge or court
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commissioner may:
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(i) review the agreement of the parents and, if acceptable, sign it as an order;
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(ii) order the parents to receive services to facilitate parent-time;
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(iii) proceed with the case; or
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(iv) take other appropriate action.
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(4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
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child who is the subject of a parent-time order against the other parent or a member of the other
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parent's household to a mediator or service provider, the mediator or service provider shall
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immediately report that information to:
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(i) the judge assigned to the case who may immediately issue orders and take other
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appropriate action to resolve the allegation and protect the child; and
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(ii) the Division of Child and Family Services within the Department of Human
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Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
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Reporting Requirements.
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(b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
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rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
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order of the court, be supervised until:
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(i) the allegation has been resolved; or
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(ii) a court orders otherwise.
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(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
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mediate parent-time problems and a service provider may continue to provide services to
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facilitate parent-time unless otherwise ordered by a court.
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(5) (a) The Department of Human Services may contract with one or more entities in
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accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
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(i) services to facilitate parent-time;
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(ii) case management services; and
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(iii) administrative services.
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(b) An entity who contracts with the Department of Human Services under Subsection
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(5)(a) shall:
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(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
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(ii) agree to follow billing guidelines established by the Department of Human Services
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and this section.
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(6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
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(i) reduced to a sum certain;
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(ii) divided equally between the parents; and
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(iii) charged against each parent taking into account the ability of that parent to pay
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under billing guidelines adopted in accordance with this section.
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(b) A judge may order a parent to pay an amount in excess of that provided for in
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Subsection (6)(a) if the parent:
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(i) failed to participate in good faith in mediation or services to facilitate parent-time;
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or
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(ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
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(c) (i) The cost of mediation and services to facilitate parent-time may be charged to
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parents at periodic intervals.
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(ii) Mediation and services to facilitate parent-time may only be terminated on the
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ground of nonpayment if both parents are delinquent.
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(7) If a parent fails to cooperate in good faith in mediation or services to facilitate
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parent-time, a court may order, in subsequent proceedings, a temporary change in custody or
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parent-time.
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(8) (a) The Judicial Council may make rules to implement and administer the
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provisions of this pilot program related to mediation.
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(b) The Department of Human Services may make rules to implement and administer
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the provisions of this pilot program related to services to facilitate parent-time.
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(9) (a) The Administrative Office of the Courts shall adopt outcome measures to
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evaluate the effectiveness of the mediation component of this pilot program. Progress reports
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shall be provided to the Judiciary Interim Committee as requested by the committee. At least
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once during this pilot program, the Administrative Office of the Courts shall present to the
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committee the results of a survey that measures the effectiveness of the program in terms of
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increased compliance with parent-time orders and the responses of interested persons.
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(b) The Department of Human Services shall adopt outcome measures to evaluate the
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effectiveness of the services component of this pilot program. Progress reports shall be
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provided to the Judiciary Interim Committee as requested by the committee.
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(c) The Administrative Office of the Courts and the Department of Human Services
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may adopt joint outcome measures and file joint reports to satisfy the requirements of
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Subsections (8)(a) and (b).
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(10) (a) The Department of Human Services shall, by following the procedures and
315
requirements of Title 63, Chapter 38e, Federal Funds Procedures, apply for federal funds as
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available.
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(b) This pilot program shall be funded through funds received under Subsection
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(10)(a).
319
Section 6.
Section
35A-5-102
is amended to read:
320
35A-5-102. Federal grants for retraining.
321
(1) [The] By following the procedures and requirements of Title 63, Chapter 38e,
322
Federal Funds Procedures, the state, through the Division of Employment Development may
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and is encouraged to apply for retraining, community assistance, or technology transfer funds
324
available through:
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(a) the United States Department of Defense;
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(b) United States Department of Labor; or
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(c) other appropriate federal offices or departments.
328
(2) In applying for federal funds, the state through its Division of Employment
329
Development or other appropriate office may inform the federal government of state matching
330
or enhancement funds if those funds are available under Section
67-1-12
.
331
Section 7.
Section
53A-24-114
is amended to read:
332
53A-24-114. Governor's Committee on Employment of People with Disabilities.
333
(1) There is created the Governor's Committee on Employment of People with
334
Disabilities.
335
(2) (a) The State Board of Education shall appoint at least twelve members to the
336
committee.
337
(b) The State Board of Education shall ensure that the committee includes members
338
from the public and private sectors who represent:
339
(i) business and industry;
340
(ii) individuals with disabilities and their advocates;
341
(iii) job training and placement;
342
(iv) state agencies, such as the Department of Human Resource Management, the
343
Department of Workforce Services, Public Education, Higher Education, and the Department
344
of Human Services;
345
(v) labor;
346
(vi) veterans;
347
(vii) medical;
348
(viii) health;
349
(ix) insurance;
350
(x) media; and
351
(xi) the general public.
352
(c) (i) Except as provided in Subsection (2)(c)(ii), the State Board of Education shall
353
appoint committee members to serve four-year terms.
354
(ii) In making the initial appointments to the committee, the State Board of Education
355
shall appoint approximately [one-half] 1/2 of the members to two-year terms and [one-half] 1/2
356
of the members to four-year terms.
357
(d) Committee members shall serve until their successors are appointed and qualified.
358
(e) The State Board of Education shall fill any vacancy that occurs on the committee
359
for any reason by appointing a person according to the procedures of this section for the
360
unexpired term of the vacated member.
361
(f) The State Board of Education shall select a chair from the membership.
362
(g) Seven members of the committee are a quorum for the transaction of business.
363
(3) (a) The committee shall:
364
(i) promote employment opportunities for individuals with disabilities;
365
(ii) serve as the designated state liaison to the President's Committee on Employment
366
of People with Disabilities;
367
(iii) provide training and technical assistance to employers in implementing the
368
Americans with Disabilities Act;
369
(iv) develop and disseminate appropriate information through workshops, meetings,
370
and other requests in response to needs to employers and others regarding employment of
371
individuals with disabilities;
372
(v) establish contacts with various community representatives to identify and resolve
373
barriers to full participation in employment and community life;
374
(vi) formally recognize exemplary contributions in the areas of employment, job
375
placement, training, rehabilitation, support services, medicine, media or public relations, and
376
personal achievements made by individuals with disabilities;
377
(vii) advise, encourage, and motivate individuals with disabilities who are preparing
378
for or seeking employment to reach their full potential as qualified employees;
379
(viii) advocate for policies and practices that promote full and equal rights for
380
individuals with disabilities;
381
(ix) advise the State Board of Education and the governor on issues that affect
382
employment and other requests for information on disability issues;
383
(x) prepare an annual report on the progress, accomplishments, and future goals of the
384
committee and present the report to the State Board of Education and the governor; and
385
(xi) establish and maintain a cooperative liaison between the governor's office, the
386
executive director of the committee, and the executive director of the Utah State Office of
387
Rehabilitation to fulfill the committee's purpose.
388
(b) The committee may, by following the procedures and requirements of Title 63,
389
Chapter 38e, Federal Funds Procedures, receive and accept federal funds, and may receive and
390
accept state funds, [and] private gifts, donations, and funds from any source to carry out its
391
purposes.
392
(4) The director of the State Office of Rehabilitation shall appoint a person to staff the
393
committee.
394
Section 8.
Section
62A-1-112
is amended to read:
395
62A-1-112. Participation in federal programs -- Federal grants -- Authority of
396
executive director.
397
(1) The executive director may, [with the approval of the governor, may accept on
398
behalf of this state, and bind the state by such acceptance, any executive or legislative
399
provision promulgated or enacted by the federal government or by any agency thereof, whereby
400
the state of Utah is invited, permitted, or authorized to participate in the distribution,
401
disbursement, or administration of any fund or service, which is advanced, offered or
402
contributed in whole or in part by the federal government for purposes consistent with the
403
powers and duties of the department] by following the procedures and requirements of Title 63,
404
Chapter 38e, Federal Funds Procedures, seek federal grants, loans, or participation in federal
405
programs.
406
(2) Wherever state law authorizes a board, director, division, or office of the
407
department to accept any grant, fund, or service which is to be advanced or contributed in
408
whole or in part by the federal government, that acceptance shall be subject to the approval or
409
disapproval of the executive director. All applications for federal grants or other federal
410
financial assistance for the support of any department program is subject to the approval of the
411
executive director.
412
(3) If any executive or legislative provision of the federal government so requires, as a
413
condition to participation by this state in any fund, property, or service, the executive director,
414
with the governor's approval, shall expend whatever funds are necessary out of the moneys
415
provided by the Legislature for use and disbursement by that department.
416
Section 9.
Section
62A-3-104
is amended to read:
417
62A-3-104. Authority of division.
418
(1) The division is the sole state agency, as defined by the Older Americans Act of
419
1965, 42 U.S.C. 3001 et seq., to serve as an effective and visible advocate for the aging and
420
adult population of this state, to develop and administer a state plan under the policy direction
421
of the board, and to take primary responsibility for state activities relating to provisions of the
422
Older Americans Act of 1965, as amended.
423
(2) (a) The division has authority to designate planning and service areas for the state,
424
and to designate an area agency on aging within each planning and service area to design and
425
implement a comprehensive and coordinated system of services and programs for the aged
426
within appropriations from the Legislature.
427
(b) Designation as an area agency on aging may be withdrawn:
428
(i) upon request of the area agency on aging; or
429
(ii) upon noncompliance with the provisions of the Older Americans Act of 1965, 42
430
U.S.C. 3001 et seq., the federal regulations enacted under that act, the provisions of this
431
chapter, or the rules, policies, or procedures established by the division.
432
(3) (a) The division has the authority to designate planning and service areas for the
433
state and to designate an area agency on high risk adults within each planning and service area
434
in accordance with Subsection (3)(b) to design and implement a comprehensive and
435
coordinated system of case management and programs for high risk adults within
436
appropriations from the Legislature.
437
(b) Before October 1, 1998, the division shall designate as the area agency on high risk
438
adults in a planning and service area:
439
(i) the area agency on aging that operates within the same geographic area if that
440
agency has requested, before July 1, 1998, to expand its current contract with the division to
441
include the responsibility of:
442
(A) being the area agency on high risk adults; or
443
(B) operating the area agency on high risk adults through joint cooperation with one or
444
more existing area agencies on aging without reducing geographical coverage in any service
445
area; or
446
(ii) a public or private nonprofit agency or office if the area agency on aging that
447
operates within the same geographic area has not made a request in accordance with Subsection
448
(3)(b)(i).
449
(c) Area agencies on high risk adults shall be in operation before July 1, 1999. The
450
division's efforts to establish area agencies on high risk adults shall start with counties with a
451
population of more than 150,000 people.
452
(d) Designation as an area agency on high risk adults may be withdrawn:
453
(i) upon request by the area agency; or
454
(ii) upon noncompliance with state or federal laws, or rules, policies, or procedures
455
established by the division.
456
(4) The division [has authority to] may, by following the procedures and requirements
457
of Title 63, Chapter 38e, Federal Funds Procedures, seek federal grants, loans, or participation
458
in federal programs and receive and distribute state and federal funds for the division's
459
programs and services to the aging and adult populations of the state.
460
(5) The division has authority to establish, either directly or by contract, programs of
461
advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
462
quality of life for aging and adult citizens of the state.
463
(6) In accordance with the rules of the division and Title 63, Chapter 56, Utah
464
Procurement Code, the division may:
465
(a) contract with the governing body of an area agency to provide a comprehensive
466
program of services; and
467
(b) contract with public and private entities for special services.
468
(7) The division has authority to provide for collection, compilation, and dissemination
469
of information, statistics, and reports relating to issues facing aging and adult citizens.
470
(8) The division has authority to prepare and submit reports regarding the operation
471
and administration of the division to the department, the Legislature, and the governor, as
472
requested.
473
(9) The division shall:
474
(a) implement and enforce policies established by the board governing all aspects of
475
the division's programs for aging and adult persons in the state;
476
(b) monitor and evaluate programs provided by or under contract with the division,
477
area agencies, and any entity that receives funds from an area agency to ensure compliance with
478
all applicable state and federal statutes, policies, and procedures;
479
(c) examine expenditures of public funds;
480
(d) withhold funds from programs based on contract noncompliance;
481
(e) review and approve plans of area agencies in order to ensure compliance with
482
division policies and to ensure a statewide comprehensive program;
483
(f) promote and establish cooperative relationships with state and federal agencies,
484
social and health agencies, education and research organizations, and other related groups in
485
order to further programs for aging and adult persons, and prevent duplication of services;
486
(g) advocate for the aging and adult populations;
487
(h) promote and conduct research on the problems and needs of aging and adult
488
persons, and submit recommendations for changes in policies, programs, and funding to the
489
governor and the Legislature; and
490
(i) (i) accept contributions to and administer the funds contained in the "Out and
491
About" Homebound Transportation Assistance Fund created in Section
62A-3-110
; and
492
(ii) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
493
Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
494
Transportation Assistance Fund in accordance with Section
62A-3-110
.
495
Section 10.
Section
63-34-15
is amended to read:
496
63-34-15. Outdoor recreation facilities -- Participation in federal programs.
497
(1) The Legislature finds that the state of Utah and its political subdivisions should
498
enjoy the benefits of federal assistance programs for the planning and development of the
499
outdoor recreation resources of the state, including the acquisition of lands and waters and
500
interests [therein] in land and water. [It is the purpose of this act to provide authority to enable
501
the state of Utah and its political subdivisions to participate in the benefits of such programs,
502
by and through the
503
executive director of natural resources, under the direction of the governor, or such other agent
504
or agencies as the governor may from time to time designate.]
505
(2) To accomplish those purposes, the executive director of the Department of Natural
506
Resources may, by following the procedures and requirements of Title 63, Chapter 38e, Federal
507
Funds Procedures, seek federal grants, loans, or participation in federal programs.
508
Section 11.
Section
63-34-17
is amended to read:
509
63-34-17. Outdoor recreation facilities -- Powers of executive director to obtain
510
federal aid.
511
The executive director of natural resources may, by following the procedures and
512
requirements of Title 63, Chapter 38e, Federal Funds Procedures, apply to any appropriate
513
agency or officer of the United States for participation in or the receipt of aid from any federal
514
program respecting outdoor recreation. He may, in cooperation with other state agencies and
515
after obtaining the approvals required by Title 63, Chapter 38e, Federal Funds Procedures,
516
enter into contracts and agreements with the United States or any appropriate agency thereof
517
[with the approval of the governor], keep financial and other records relating thereto, and
518
furnish to appropriate officials and agencies of the United States such reports and information
519
as may be reasonably necessary to enable such officials and agencies to perform their duties
520
under such programs. In connection with obtaining the benefits of any such program, the
521
executive director of natural resources shall coordinate the department's activities with and
522
represent the interests of all agencies and subdivisions of the state having interests in the
523
planning, development, and maintenance of outdoor recreation resources and facilities.
524
Section 12.
Section
63-34-101
is amended to read:
525
63-34-101. Utah Energy Office created -- Utah Energy Office duties.
526
(1) There is created within the department the Utah Energy Office.
527
(2) The Utah Energy Office shall:
528
(a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
529
Funds Procedures, seek federal grants, loans, or participation in federal programs, and, in
530
accordance with applicable federal program guidelines, administer federally funded state
531
programs regarding:
532
(i) renewable energy;
533
(ii) energy efficiency; and
534
(iii) energy conservation;
535
(b) coordinate and facilitate the development and implementation of programs:
536
(i) for state buildings; and
537
(ii) relating to:
538
(A) procurement of energy;
539
(B) consumption of energy;
540
(C) conservation of energy; and
541
(D) efficient use of energy;
542
(c) if requested by the governor, prepare a state energy emergency plan in accordance
543
with Title 63, Chapter 53a, Energy Emergency Powers of Governor;
544
(d) participate in regulatory proceedings as appropriate to promote the development,
545
conservation, and efficient use of energy;
546
(e) coordinate state governmental functions regarding energy development and use;
547
(f) facilitate the development and implementation of policies and programs in the state
548
related to:
549
(i) energy production;
550
(ii) processing of energy;
551
(iii) use of energy; and
552
(iv) energy related technology;
553
(g) monitor federal laws and regulations related to:
554
(i) energy development;
555
(ii) processing of energy; or
556
(iii) use of energy;
557
(h) recommend state policy positions regarding energy to:
558
(i) the governor; or
559
(ii) the Legislature;
560
(i) represent the state on regional and national energy matters:
561
(i) at the initiative of the office; or
562
(ii) as requested by the governor;
563
(j) coordinate and consolidate energy resource data collection throughout state
564
government;
565
(k) provide the Legislature and the governor with:
566
(i) an annual report addressing the current status of energy markets in the state; and
567
(ii) an independent assessment of energy issues; and
568
(l) perform forecasts of state-level:
569
(i) energy production;
570
(ii) energy consumption; and
571
(iii) energy prices.
572
Section 13.
Section
63-38-2 (Superseded 07/01/04)
is amended to read:
573
63-38-2 (Superseded 07/01/04). Governor to submit budget to Legislature --
574
Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
575
estimated revenues.
576
(1) (a) The governor shall, within three days after the convening of the Legislature in
577
the annual general session, submit a budget for the ensuing fiscal year by delivering it to the
578
presiding officer of each house of the Legislature together with a schedule for all of the
579
proposed appropriations of the budget, clearly itemized and classified.
580
(b) The budget message shall include:
581
(i) a projection of estimated revenues and expenditures for the next fiscal year[.]; and
582
(ii) the source of all direct, indirect, or in-kind matching funds for all federal grants or
583
assistance programs included in the budget.
584
(2) At least 34 days before the submission of any budget, the governor shall deliver a
585
confidential draft copy of his proposed budget recommendations to the Office of the
586
Legislative Fiscal Analyst.
587
(3) (a) The budget shall contain a complete plan of proposed expenditures and
588
estimated revenues for the next fiscal year based upon the current fiscal year state tax laws and
589
rates.
590
(b) The budget may be accompanied by a separate document showing proposed
591
expenditures and estimated revenues based on changes in state tax laws or rates.
592
(4) The budget shall be accompanied by a statement showing:
593
(a) the revenues and expenditures for the last fiscal year;
594
(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
595
funds of the state;
596
(c) an estimate of the state's financial condition as of the beginning and the end of the
597
period covered by the budget;
598
(d) a complete analysis of lease with an option to purchase arrangements entered into
599
by state agencies;
600
(e) the recommendations for each state agency for new full-time employees for the next
601
fiscal year; which recommendation should be provided also to the State Building Board under
602
Subsection
63A-5-103
(2);
603
(f) any explanation the governor may desire to make as to the important features of the
604
budget and any suggestion as to methods for the reduction of expenditures or increase of the
605
state's revenue; and
606
(g) the information detailing certain regulatory fee increases required by Section
607
63-38-3.2
.
608
(5) The budget shall include an itemized estimate of the appropriations for:
609
(a) the Legislative Department as certified to the governor by the president of the
610
Senate and the speaker of the House;
611
(b) the Executive Department;
612
(c) the Judicial Department as certified to the governor by the state court administrator;
613
(d) payment and discharge of the principal and interest of the indebtedness of the state;
614
(e) the salaries payable by the state under the Utah Constitution or under law for the
615
lease agreements planned for the next fiscal year;
616
(f) other purposes that are set forth in the Utah Constitution or under law; and
617
(g) all other appropriations.
618
(6) Deficits or anticipated deficits shall be included in the budget.
619
(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
620
require from the proper state officials, including public and higher education officials, all heads
621
of executive and administrative departments and state institutions, bureaus, boards,
622
commissions, and agencies expending or supervising the expenditure of the state moneys, and
623
all institutions applying for state moneys and appropriations, itemized estimates of revenues
624
and expenditures.
625
(ii) (A) The governor may also require other information under these guidelines and at
626
times as the governor may direct.
627
(B) These guidelines may include a requirement for program productivity and
628
performance measures, where appropriate, with emphasis on outcome indicators.
629
(b) The estimate for the Legislative Department as certified by the presiding officers of
630
both houses shall be included in the budget without revision by the governor.
631
(c) The estimate for the Judicial Department, as certified by the state court
632
administrator, shall also be included in the budget without revision, but the governor may make
633
separate recommendations on it.
634
(d) The governor may require the attendance at budget meetings of representatives of
635
public and higher education, state departments and institutions, and other institutions or
636
individuals applying for state appropriations.
637
(e) The governor may revise all estimates, except those relating to the Legislative
638
Department, the Judicial Department, and those providing for the payment of principal and
639
interest to the state debt and for the salaries and expenditures specified by the Utah
640
Constitution or under the laws of the state.
641
(8) The total appropriations requested for expenditures authorized by the budget may
642
not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
643
fiscal year.
644
(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
645
does not affect the budget itself or any other item in it.
646
(10) (a) In submitting the budgets for the Departments of Health and Human Services
647
and the Office of the Attorney General, the governor shall consider a separate recommendation
648
in his budget for funds to be contracted to:
649
(i) local mental health authorities under Section
62A-15-110
;
650
(ii) local substance abuse authorities under Section
62A-15-110
;
651
(iii) area agencies under Section
62A-3-104.2
;
652
(iv) programs administered directly by and for operation of the Divisions of Substance
653
Abuse and Mental Health and Aging and Adult Services;
654
(v) local health departments under Title 26A, Chapter 1, Local Health [Department
655
Act] Departments; and
656
(vi) counties for the operation of Children's Justice Centers under Section
67-5b-102
.
657
(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
658
governor shall consider an amount sufficient to grant local health departments, local mental
659
health authorities, local substance abuse authorities, and area agencies the same percentage
660
increase for wages and benefits that he includes in his budget for persons employed by the
661
state.
662
(c) If the governor does not include in his budget an amount sufficient to grant the
663
increase described in Subsection (10)(b), he shall include a message to the Legislature
664
regarding his reason for not including that amount.
665
(11) (a) In submitting the budget for the Division of Services for People with
666
Disabilities, the Division of Child and Family Services, and the Division of Youth Corrections
667
within the Department of Human Services, the governor shall consider an amount sufficient to
668
grant employees of corporations that provide direct services under contract with those
669
divisions, the same percentage increase for cost-of-living that he includes in his budget for
670
persons employed by the state.
671
(b) If the governor does not include in his budget an amount sufficient to grant the
672
increase described in Subsection (11)(a), he shall include a message to the Legislature
673
regarding his reason for not including that amount.
674
(12) (a) The Families, Agencies, and Communities Together Council may propose to
675
the governor under Subsection
63-75-4
(4)(e) a budget recommendation for collaborative
676
service delivery systems operated under Section
63-75-6.5
.
677
(b) The Legislature may, through a specific program schedule, designate funds
678
appropriated for collaborative service delivery systems operated under Section
63-75-6.5
.
679
(13) The governor shall include in his budget the state's portion of the budget for the
680
Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
681
Communications Agency Network Act.
682
(14) In adopting a budget for each fiscal year, the Legislature shall consider an amount
683
sufficient to grant local health departments, local mental health authorities, local substance
684
abuse authorities, and area agencies on aging the same percentage increase for wages and
685
benefits that is included in the budget for persons employed by the state.
686
Section 14.
Section
63-38-2 (Effective 07/01/04)
is amended to read:
687
63-38-2 (Effective 07/01/04). Governor to submit budget to Legislature --
688
Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
689
estimated revenues.
690
(1) (a) The governor shall, within three days after the convening of the Legislature in
691
the annual general session, submit a budget for the ensuing fiscal year by delivering it to the
692
presiding officer of each house of the Legislature together with a schedule for all of the
693
proposed appropriations of the budget, clearly itemized and classified.
694
(b) The budget message shall include:
695
(i) a projection of estimated revenues and expenditures for the next fiscal year[.]; and
696
(ii) the source of all direct, indirect, or in-kind matching funds for all federal grants or
697
assistance programs included in the budget.
698
(2) At least 34 days before the submission of any budget, the governor shall deliver a
699
confidential draft copy of his proposed budget recommendations to the Office of the
700
Legislative Fiscal Analyst.
701
(3) (a) The budget shall contain a complete plan of proposed expenditures and
702
estimated revenues for the next fiscal year based upon the current fiscal year state tax laws and
703
rates.
704
(b) The budget may be accompanied by a separate document showing proposed
705
expenditures and estimated revenues based on changes in state tax laws or rates.
706
(4) The budget shall be accompanied by a statement showing:
707
(a) the revenues and expenditures for the last fiscal year;
708
(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
709
funds of the state;
710
(c) an estimate of the state's financial condition as of the beginning and the end of the
711
period covered by the budget;
712
(d) a complete analysis of lease with an option to purchase arrangements entered into
713
by state agencies;
714
(e) the recommendations for each state agency for new full-time employees for the next
715
fiscal year; which recommendation should be provided also to the State Building Board under
716
Subsection
63A-5-103
(2);
717
(f) any explanation the governor may desire to make as to the important features of the
718
budget and any suggestion as to methods for the reduction of expenditures or increase of the
719
state's revenue; and
720
(g) the information detailing certain regulatory fee increases required by Section
721
63-38-3.2
.
722
(5) The budget shall include an itemized estimate of the appropriations for:
723
(a) the Legislative Department as certified to the governor by the president of the
724
Senate and the speaker of the House;
725
(b) the Executive Department;
726
(c) the Judicial Department as certified to the governor by the state court administrator;
727
(d) payment and discharge of the principal and interest of the indebtedness of the state;
728
(e) the salaries payable by the state under the Utah Constitution or under law for the
729
lease agreements planned for the next fiscal year;
730
(f) other purposes that are set forth in the Utah Constitution or under law; and
731
(g) all other appropriations.
732
(6) Deficits or anticipated deficits shall be included in the budget.
733
(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
734
require from the proper state officials, including public and higher education officials, all heads
735
of executive and administrative departments and state institutions, bureaus, boards,
736
commissions, and agencies expending or supervising the expenditure of the state moneys, and
737
all institutions applying for state moneys and appropriations, itemized estimates of revenues
738
and expenditures.
739
(ii) (A) The governor may also require other information under these guidelines and at
740
times as the governor may direct.
741
(B) These guidelines may include a requirement for program productivity and
742
performance measures, where appropriate, with emphasis on outcome indicators.
743
(b) The estimate for the Legislative Department as certified by the presiding officers of
744
both houses shall be included in the budget without revision by the governor.
745
(c) The estimate for the Judicial Department, as certified by the state court
746
administrator, shall also be included in the budget without revision, but the governor may make
747
separate recommendations on it.
748
(d) The governor may require the attendance at budget meetings of representatives of
749
public and higher education, state departments and institutions, and other institutions or
750
individuals applying for state appropriations.
751
(e) The governor may revise all estimates, except those relating to the Legislative
752
Department, the Judicial Department, and those providing for the payment of principal and
753
interest to the state debt and for the salaries and expenditures specified by the Utah
754
Constitution or under the laws of the state.
755
(8) The total appropriations requested for expenditures authorized by the budget may
756
not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
757
fiscal year.
758
(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
759
does not affect the budget itself or any other item in it.
760
(10) (a) In submitting the budgets for the Departments of Health and Human Services
761
and the Office of the Attorney General, the governor shall consider a separate recommendation
762
in his budget for funds to be contracted to:
763
(i) local mental health authorities under Section
62A-15-110
;
764
(ii) local substance abuse authorities under Section
62A-15-110
;
765
(iii) area agencies under Section
62A-3-104.2
;
766
(iv) programs administered directly by and for operation of the Divisions of Substance
767
Abuse and Mental Health and Aging and Adult Services;
768
(v) local health departments under Title 26A, Chapter 1, Local Health [Department
769
Act] Departments; and
770
(vi) counties for the operation of Children's Justice Centers under Section
67-5b-102
.
771
(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
772
governor shall consider an amount sufficient to grant local health departments, local mental
773
health authorities, local substance abuse authorities, and area agencies the same percentage
774
increase for wages and benefits that he includes in his budget for persons employed by the
775
state.
776
(c) If the governor does not include in his budget an amount sufficient to grant the
777
increase described in Subsection (10)(b), he shall include a message to the Legislature
778
regarding his reason for not including that amount.
779
(11) (a) In submitting the budget for the Division of Services for People with
780
Disabilities, the Division of Child and Family Services, and the Division of Juvenile Justice
781
Services within the Department of Human Services, the governor shall consider an amount
782
sufficient to grant employees of corporations that provide direct services under contract with
783
those divisions, the same percentage increase for cost-of-living that he includes in his budget
784
for persons employed by the state.
785
(b) If the governor does not include in his budget an amount sufficient to grant the
786
increase described in Subsection (11)(a), he shall include a message to the Legislature
787
regarding his reason for not including that amount.
788
(12) (a) The Families, Agencies, and Communities Together Council may propose to
789
the governor under Subsection
63-75-4
(4)(e) a budget recommendation for collaborative
790
service delivery systems operated under Section
63-75-6.5
.
791
(b) The Legislature may, through a specific program schedule, designate funds
792
appropriated for collaborative service delivery systems operated under Section
63-75-6.5
.
793
(13) The governor shall include in his budget the state's portion of the budget for the
794
Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
795
Communications Agency Network Act.
796
(14) In adopting a budget for each fiscal year, the Legislature shall consider an amount
797
sufficient to grant local health departments, local mental health authorities, local substance
798
abuse authorities, and area agencies on aging the same percentage increase for wages and
799
benefits that is included in the budget for persons employed by the state.
800
Section 15.
Section
63-38-11.5
is enacted to read:
801
63-38-11.5. Reduction in federal funds -- Agencies to reduce budgets.
802
(1) In any fiscal year in which federal grants to be received by state agencies,
803
departments, divisions, or institutions are reduced below the level estimated in the
804
appropriations acts for that year, the programs supported by those grants must be reduced
805
commensurate with the amount of the federal reduction unless the Legislature appropriates
806
state funds to offset the loss in federal funding.
807
(2) This program modification shall be reported to the Legislature through the
808
Executive Appropriations Committee and the Office of the Legislative Fiscal Analyst.
809
Section 16.
Section
63-38d-301
is amended to read:
810
63-38d-301. Budget duties of the director and office.
811
(1) The director and the office shall:
812
(a) comply with the procedures and requirements of Title 63, Chapter 38, Budgetary
813
Procedures Act;
814
(b) under the direct supervision of the governor, assist the governor in the preparation
815
of the governor's budget recommendations;
816
(c) advise the governor with regard to approval or revision of agency work programs as
817
specified in Section
63-38-11
; and
818
(d) perform other duties and responsibilities as assigned by the governor.
819
(2) (a) The director of the Governor's Office of Planning and Budget or the director's
820
designee is the Federal Assistance Management Officer.
821
(b) In acting as the Federal Assistance Management Officer, the director or designee
822
shall:
823
(i) study the administration and effect of federal assistance programs in the state and
824
advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
825
the Executive Appropriations Committee, of alternative recommended methods and procedures
826
for the administration of these programs;
827
(ii) assist in the coordination of federal assistance programs that involve or are
828
administered by more than one state agency; and
829
(iii) analyze and advise on applications for new federal assistance programs submitted
830
to the governor for approval as required by Chapter 38e, Federal Funds Procedures.
831
Section 17.
Section
63-38e-101
is enacted to read:
832
CHAPTER 38e. FEDERAL FUNDS PROCEDURES
833
63-38e-101. Definitions.
834
As used in this chapter:
835
(1) (a) "Agency" means a department, division, committee, commission, council, court,
836
or other administrative subunit of the state.
837
(b) "Agency" includes executive branch entities and judicial branch entities.
838
(c) "Agency" does not mean higher education institutions or political subdivisions.
839
(2) (a) "Federal funds" means cash received from the United States government or
840
from other individuals or entities for or on behalf of the United States and deposited with the
841
state treasurer or any agency of the state.
842
(b) "Federal funds" includes federal assistance and federal assistance programs,
843
however described.
844
(3) "Federal funds application" means the formal submission from an agency to the
845
federal government:
846
(a) applying for or otherwise seeking to obtain new federal funds;
847
(b) applying for or seeking to participate in a new federal program that will result in
848
federal funds being transferred to an agency;
849
(c) applying for or seeking reauthorization of federal funds; or
850
(d) applying for or seeking reauthorization to participate in a federal program that will
851
result in federal funds being transferred to an agency.
852
(4) "State" means the state of Utah and all of its state agencies, political subdivisions,
853
and administrative subunits of them.
854
Section 18.
Section
63-38e-201
is enacted to read:
855
63-38e-201. Governor to approve certain federal funds applications.
856
(1) (a) Before submitting a federal funds application to the federal government, an
857
executive branch agency shall submit a federal funds application to the governor for approval
858
or rejection when:
859
(i) the state will receive total payments of $1,000,00 or less per year if the application
860
is approved;
861
(ii) receipt of the grant will require no additional permanent full-time employees; and
862
(iii) no new state funds will be required to match the federal funds or to implement the
863
program for which the grant is issued.
864
(b) The Governor's Office of Planning and Budget shall report each federal funds
865
application approved by the governor and each federal funds application approved by the
866
federal government to:
867
(i) the Legislature's Executive Appropriations Committee;
868
(ii) the Office of the Legislative Fiscal Analyst; and
869
(iii) the Office of Legislative Research and General Counsel.
870
(2) The governor shall approve or reject each federal funds application submitted to
871
him under the authority of this section.
872
(3) (a) If the governor approves the federal funds application, the executive branch
873
agency may submit the application.
874
(b) If the governor rejects the federal funds application, the executive branch agency
875
may not submit the application.
876
(4) If an executive branch agency submits a federal funds application without obtaining
877
the governor's approval under this section, the governor may require the agency to withdraw
878
the federal funds application or return the federal funds.
879
Section 19.
Section
63-38e-202
is enacted to read:
880
63-38e-202. Judicial council to approve certain federal funds applications.
881
(1) (a) Before submitting a federal funds application to the federal government, a
882
judicial branch agency shall submit a federal funds application to the Judicial Council for its
883
approval or rejection when:
884
(i) the state will receive total payments of $1,000,00 or less per year if the application
885
is approved;
886
(ii) receipt of the grant will require no additional permanent full-time employees; and
887
(iii) no new state funds will be required to match the federal funds or to implement the
888
program for which the grant is issued.
889
(b) The Judicial Council shall report each federal funds application approved by it and
890
each federal funds application approved by the federal government to:
891
(i) the Legislature's Executive Appropriations Committee;
892
(ii) the Office of the Legislative Fiscal Analyst; and
893
(iii) the Office of Legislative Research and General Counsel.
894
(2) The Judicial Council shall approve or reject each federal funds application
895
submitted to it under the authority of this section.
896
(3) (a) If the Judicial Council approves the federal funds application, the judicial
897
branch agency may submit the application.
898
(b) If the Judicial Council rejects the federal funds application, the judicial branch
899
agency may not submit the application.
900
(4) If a judicial branch agency submits a federal funds application without obtaining
901
the Judicial Council's approval under this section, the Judicial Council may require the agency
902
to withdraw the federal funds application or return the federal funds.
903
Section 20.
Section
63-38e-203
is enacted to read:
904
63-38e-203. Legislative review and approval of certain federal funds applications.
905
(1) As used in this section:
906
(a) " High impact federal funds application" means a federal funds application that will
907
or could:
908
(i) result in the state receiving total payments of $10,000,000 or more per year from the
909
federal government under the grant;
910
(ii) require the state to add more than ten permanent full-time employees in order to
911
receive or implement the grant; or
912
(iii) require the state to expend more than $1,000,000 of additional state funds in a
913
fiscal year in order to receive or implement the grant.
914
(b) "Medium impact federal funds application" means a federal funds application that
915
will or could:
916
(i) result in the state receiving total payments of more than $1,000,000 but less than
917
$10,000,000 per year from the federal government under the grant;
918
(ii) require the state to add one to ten permanent full-time employees in order to
919
receive or implement the grant; or
920
(iii) require the state to expend $1 to $1,000,000 of additional state funds in a fiscal
921
year in order to receive or implement the grant.
922
(2) (a) Before submitting a medium impact federal funds application to the federal
923
government, an agency shall:
924
(i) submit the federal funds application to the governor or the Judicial Council for
925
approval or rejection; and
926
(ii) if the governor or Judicial Council approves the federal funds application, submit
927
the federal funds application to the Legislative Executive Appropriations Committee for its
928
review and recommendations.
929
(b) The Legislative Executive Appropriations Committee shall review the federal funds
930
application and may:
931
(i) recommend that the agency submit the federal funds application;
932
(ii) recommend that the agency not submit the federal funds application; or
933
(iii) recommend to the governor that the governor call a special session of the
934
Legislature to review and approve or reject the federal funds application.
935
(3) (a) Before submitting a high impact federal funds application seeking federal funds,
936
an agency shall:
937
(i) submit the federal funds application to the governor or Judicial Council for approval
938
or rejection; and
939
(ii) if the governor or Judicial Council approves the federal funds application, submit
940
the application to the Legislature for its approval in an annual general session or a special
941
session.
942
(b) (i) If the Legislature approves the federal funds application, the agency may submit
943
the application seeking federal funds.
944
(ii) If the Legislature rejects the federal funds application, the agency may not submit
945
the application.
946
(c) If an agency submits a federal funds application without obtaining the Legislature's
947
approval under this Subsection (3):
948
(i) the governor or Judicial Council may require the agency to withdraw the application
949
or return the federal funds;
950
(ii) the Legislature may, if federal law allows, opt out or decline to participate in the
951
federal program or decline to receive the federal funding; or
952
(iii) the Legislature may reduce the agency's General Fund appropriation in an amount
953
less than, equal to, or greater than the amount of federal funds received by the agency.
954
Section 21.
Section
63-47-7
is amended to read:
955
63-47-7. Authority to accept funds, gifts, and donations.
956
The commission may, subject to Title 63, Chapter 38e, Federal Funds Procedures,
957
receive and accept federal funds, and receive and accept private gifts, donations, or funds from
958
any source. All moneys shall be deposited with the state and shall be continuously available to
959
the commission to carry out the purposes of this act.
960
Section 22.
Section
65A-8-1.2
is amended to read:
961
65A-8-1.2. Urban and community forestry program.
962
(1) An urban and community forestry program is created within the division.
963
(2) The purpose of the program is to encourage the planting and maintenance of trees
964
within municipalities and unincorporated communities.
965
(3) The division may:
966
(a) advise and assist municipalities, counties, and other public and private entities in
967
developing and coordinating policies, programs, and activities promoting urban and
968
community forestry;
969
(b) receive, by following the procedures and requirements of Title 63, Chapter 38e,
970
Federal Funds Procedures, federal funds for the urban and community forestry program; and
971
(c) provide grants to municipalities and counties for urban and community forestry
972
programs and cooperative projects.
973
(4) The division shall:
974
(a) develop a public education program to inform tree care professionals and citizens of
975
the hazards involved with the planting of new trees and the maintenance of existing trees near
976
overhead power lines and highways; and
977
(b) develop and implement a program of public awareness to inform citizens about the
978
benefits of planting trees in urban areas and how to maintain trees.
979
Section 23.
Section
71-7-3
is amended to read:
980
71-7-3. Development, operation, and maintenance of Utah Veterans' Cemetery
981
and Memorial Park -- Responsibilities of Division of Veterans' Affairs -- Costs --
982
Definition.
983
(1) The Division of Veterans' Affairs, in consultation with the Veterans' Memorial Park
984
Board, shall develop, operate, and maintain a veterans' cemetery and memorial park.
985
(2) To help pay the costs of developing, constructing, operating, and maintaining a
986
veterans' cemetery and memorial park, the Division of Veterans' Affairs may:
987
(a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
988
Funds Procedures, receive federal funds, and may receive state funds, contributions from
989
veterans' organizations, and other private donations; and
990
(b) charge fees for at least the cost of the burial of veterans' spouses and other persons,
991
whom the division and the Veterans' Memorial Park Board determines are eligible to be buried
992
in a veterans' cemetery established by the state.
993
(3) As used in this chapter, "veteran" has the same meaning as in Section
71-8-1
.
994
Section 24.
Section
72-7-206
is amended to read:
995
72-7-206. Screening of existing junkyards.
996
(1) The department shall screen any junkyard lawfully in existence on May 9, 1967,
997
which is located within 1,000 feet of the nearest edge of the right-of-way and visible from the
998
main-traveled-way of any highway on the interstate or primary system.
999
(2) The screening shall be at locations on the right-of-way or in areas outside the
1000
right-of-way acquired for that purpose and may not be visible from the main-traveled-way of
1001
the interstate or federal-aid primary systems.
1002
(3) The department may not install junkyard screening under this section unless:
1003
(a) the necessary federal funds for participation have been appropriated by the federal
1004
government and are immediately available to the state[.]; and
1005
(b) the department has received approval to seek federal grants, loans, or participation
1006
in federal programs under Title 63, Chapter 38e, Federal Funds Procedures.
1007
Section 25.
Section
72-7-207
is amended to read:
1008
72-7-207. Junkyards not adaptable to screening -- Authority of department to
1009
acquire land -- Compensation.
1010
(1) If the department determines that the topography of the land adjoining the interstate
1011
and primary systems will not permit adequate screening of junkyards or that screening would
1012
not be economically feasible, the department may acquire by gift, purchase, exchange, or
1013
eminent domain the interests in lands necessary to secure the relocation, removal, or disposal
1014
of the junkyards.
1015
(2) If the department determines that it is in the best interests of the state, it may
1016
acquire lands, or interests in lands, necessary to provide adequate screening of junkyards.
1017
(3) The acquisitions provided for in this section may not be undertaken unless:
1018
(a) the necessary federal funds for participation have been appropriated by the federal
1019
government and are immediately available to the state[.]; and
1020
(b) the department has received approval to seek federal grants, loans, or participation
1021
in federal programs under Title 63, Chapter 38e, Federal Funds Procedures.
1022
(4) Damages resulting from any taking of property in eminent domain shall be
1023
ascertained in the manner provided by law.
1024
(5) Just compensation shall be paid the owner for the relocation, removal, or disposal
1025
of a junkyard lawfully established under the laws of this state and which must be relocated,
1026
removed, or disposed of under this part.
1027
Section 26. Repealer.
1028
This bill repeals:
1029
Section 63-40-1, Purposes of chapter.
1030
Section 63-40-2, Federal assistance management officer -- Duties.
1031
Section 63-40-3, Governor authorized to accept funds -- Designation of state
1032
agency -- Identification of federal grants or assistance programs.
1033
Section 63-40-4, Applications for funds by state agencies -- Approval.
1034
Section 63-40-5, Reports by participating state agencies.
1035
Section 63-40-6, Reduction in programs supported by federal grants required.
1036
Section 63-40-7, Executive Appropriations Committee -- Oversight of federal
1037
assistance -- Meeting with congressional leaders.
1038
Section 27. Effective date.
1039
This bill takes effect on May 3, 2004, except that the amendments to Section
63-38-2
1040
(Effective 07/01/04) take effect on July 1, 2004.
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