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H.B. 269
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5 AN ACT RELATING TO WORKFORCE SERVICES; TRANSFERRING THE DUTIES AND
6 POWERS RELATED TO PUBLIC ASSISTANCE FROM THE OFFICE OF FAMILY
7 SUPPORT WITHIN THE DEPARTMENT OF HUMAN SERVICES TO THE DIVISION OF
8 EMPLOYMENT DEVELOPMENT WITHIN THE DEPARTMENT OF WORKFORCE
9 SERVICES; ESTABLISHING THE FAMILY EMPLOYMENT PROGRAM; PROVIDING
10 ELIGIBILITY AND PROGRAM REQUIREMENTS; SPECIFYING PROGRAMS THAT
11 MAY BE EXCLUDED FROM THE STATE PLAN; ELIMINATING THE REQUIREMENT
12 THAT AN ADOPTIVE PARENT REPAY THE STATE FOR CASH ASSISTANCE
13 PROVIDED TO A BIRTH MOTHER; MAKING TECHNICAL CHANGES AND
14 CONFORMING AMENDMENTS; REPEALING CODE SECTIONS RELATED TO THE
15 OFFICE OF FAMILY SUPPORT; AND PROVIDING AN EFFECTIVE DATE.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 26-18-8, as last amended by Chapters 1 and 21, Laws of Utah 1988
19 30-3-10.2, as last amended by Chapter 112, Laws of Utah 1990
20 35A-1-102 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
21 35A-2-202 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
22 53A-12-204, as enacted by Chapter 2, Laws of Utah 1988
23 62A-11-103, as last amended by Chapter 62, Laws of Utah 1989
24 62A-11-110, as enacted by Chapter 1, Laws of Utah 1988
25 62A-11-202, as last amended by Chapter 122, Laws of Utah 1994
26 62A-11-203, as last amended by Chapter 122, Laws of Utah 1994
27 62A-11-204.1, as last amended by Chapter 122, Laws of Utah 1994
1 62A-11-209, as enacted by Chapter 1, Laws of Utah 1988
2 62A-11-307.1, as enacted by Chapter 62, Laws of Utah 1989
3 62A-11-307.2, as last amended by Chapter 140, Laws of Utah 1994
4 76-7-305.5, as last amended by Chapter 5, Laws of Utah 1996, Second Special Session
5 76-8-1201, as enacted by Chapter 122, Laws of Utah 1994
6 76-8-1202, as enacted by Chapter 122, Laws of Utah 1994
7 76-8-1205, as enacted by Chapter 122, Laws of Utah 1994
8 76-10-1602, as last amended by Chapters 122 and 149, Laws of Utah 1994
9 78-30-15.5, as last amended by Chapter 185, Laws of Utah 1996
10 78-45-7.5, as last amended by Chapter 171, Laws of Utah 1996
11 78-45-7.11, as last amended by Chapter 118, Laws of Utah 1994
12 ENACTS:
13 35A-1-107, Utah Code Annotated 1953
14 35A-8-102, Utah Code Annotated 1953
15 35A-8-301, Utah Code Annotated 1953
16 35A-8-302, Utah Code Annotated 1953
17 35A-8-303, Utah Code Annotated 1953
18 35A-8-304, Utah Code Annotated 1953
19 35A-8-305, Utah Code Annotated 1953
20 35A-8-306, Utah Code Annotated 1953
21 35A-8-307, Utah Code Annotated 1953
22 35A-8-310, Utah Code Annotated 1953
23 35A-8-311, Utah Code Annotated 1953
24 35A-8-312, Utah Code Annotated 1953
25 35A-8-313, Utah Code Annotated 1953
26 35A-8-314, Utah Code Annotated 1953
27 62A-1-117, Utah Code Annotated 1953
28 RENUMBERS AND AMENDS:
29 35A-1-501, (Renumbered from 62A-9-126, as last amended by Chapter 122, Laws of Utah
30 1994)
31 35A-1-502, (Renumbered from 62A-9-129, as repealed and reenacted by Chapter 122, Laws of
1 Utah 1994)
2 35A-1-503, (Renumbered from 62A-9-131, as last amended by Chapter 122, Laws of Utah
3 1994)
4 35A-8-103, (Renumbered from 62A-9-105, as last amended by Chapter 316, Laws of Utah
5 1996)
6 35A-8-104, (Renumbered from 62A-9-108, as last amended by Chapter 242, Laws of Utah
7 1988)
8 35A-8-105, (Renumbered from 62A-9-110, as enacted by Chapter 1, Laws of Utah 1988)
9 35A-8-106, (Renumbered from 62A-9-115, as enacted by Chapter 1, Laws of Utah 1988)
10 35A-8-107, (Renumbered from 62A-9-116, as enacted by Chapter 1, Laws of Utah 1988)
11 35A-8-108, (Renumbered from 62A-9-121, as last amended by Chapter 258, Laws of Utah
12 1995)
13 35A-8-109, (Renumbered from 62A-9-122, as enacted by Chapter 1, Laws of Utah 1988)
14 35A-8-110, (Renumbered from 62A-9-132, as last amended by Chapter 242, Laws of Utah
15 1988)
16 35A-8-111, (Renumbered from 62A-9-133, as enacted by Chapter 1, Laws of Utah 1988)
17 35A-8-112, (Renumbered from 62A-9-135, as enacted by Chapter 1, Laws of Utah 1988)
18 35A-8-113, (Renumbered from 62A-9-136, as enacted by Chapter 1, Laws of Utah 1988)
19 35A-8-308, (Renumbered from 62A-9-138, as enacted by Chapter 185, Laws of Utah 1996)
20 35A-8-309, (Renumbered from 62A-9-139, as enacted by Chapter 316, Laws of Utah 1996)
21 35A-8-401, (Renumbered from 62A-9-114, as last amended by Chapter 147, Laws of Utah
22 1994)
23 35A-8-402, (Renumbered from 62A-9-120, as last amended by Chapter 242, Laws of Utah
24 1988)
25 35A-8-501, (Renumbered from 62A-9-301, as enacted by Chapter 148, Laws of Utah 1996)
26 35A-8-502, (Renumbered from 62A-9-302, as enacted by Chapter 148, Laws of Utah 1996)
27 35A-8-503, (Renumbered from 62A-9-303, as enacted by Chapter 148, Laws of Utah 1996)
28 35A-8-504, (Renumbered from 62A-9-304, as enacted by Chapter 148, Laws of Utah 1996)
29 35A-8-505, (Renumbered from 62A-9-305, as enacted by Chapter 148, Laws of Utah 1996)
30 35A-8-506, (Renumbered from 62A-9-306, as enacted by Chapter 148, Laws of Utah 1996)
31 35A-8-507, (Renumbered from 62A-9-307, as enacted by Chapter 148, Laws of Utah 1996)
1 35A-8-508, (Renumbered from 62A-9-308, as enacted by Chapter 148, Laws of Utah 1996)
2 35A-8-509, (Renumbered from 62A-9-309, as enacted by Chapter 148, Laws of Utah 1996)
3 35A-8-510, (Renumbered from 62A-9-310, as enacted by Chapter 148, Laws of Utah 1996)
4 35A-8-511, (Renumbered from 62A-9-311, as enacted by Chapter 148, Laws of Utah 1996)
5 REPEALS:
6 62A-9-101, as last amended by Chapter 12, Laws of Utah 1994
7 62A-9-102, as last amended by Chapter 30, Laws of Utah 1992
8 62A-9-104, as last amended by Chapter 183, Laws of Utah 1990
9 62A-9-106, as last amended by Chapter 104, Laws of Utah 1992
10 62A-9-107, as enacted by Chapter 1, Laws of Utah 1988
11 62A-9-109, as enacted by Chapter 1, Laws of Utah 1988
12 62A-9-117, as enacted by Chapter 1, Laws of Utah 1988
13 62A-9-118, as last amended by Chapter 242, Laws of Utah 1988
14 62A-9-119, as last amended by Chapter 242, Laws of Utah 1988
15 62A-9-123, as enacted by Chapter 1, Laws of Utah 1988
16 62A-9-125, as enacted by Chapter 1, Laws of Utah 1988
17 62A-9-137, as enacted by Chapter 114, Laws of Utah 1992
18 This act enacts uncodified material.
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 26-18-8 is amended to read:
21 26-18-8. Enforcement of public assistance statutes -- Contract with Office of
22 Recovery Services.
23 (1) The department shall enforce or contract for the enforcement of [
24 Sections [
25 35A-1-503, 35A-8-108, 35A-8-110, 35A-8-111, and 35A-8-112 insofar as these sections pertain
26 to benefits conferred or administered by the division under this chapter.
27 (2) The department may contract for services covered in Title 62A, Chapter 11, Part 1,
28 Office of Recovery Services, insofar as that chapter pertains to benefits conferred or administered
29 by the division under this chapter.
30 Section 2. Section 30-3-10.2 is amended to read:
31 30-3-10.2. Joint legal custody order -- Factors for court determination -- Public
1 assistance.
2 (1) The court may order joint legal custody if it determines that joint legal custody is in
3 the best interest of the child and:
4 (a) both parents agree to an order of joint legal custody; or
5 (b) both parents appear capable of implementing joint legal custody.
6 (2) In determining whether the best interest of a child will be served by ordering joint legal
7 custody, the court shall consider the following factors:
8 (a) whether the physical, psychological, and emotional needs and development of the child
9 will benefit from joint legal custody;
10 (b) the ability of the parents to give first priority to the welfare of the child and reach
11 shared decisions in the child's best interest;
12 (c) whether each parent is capable of encouraging and accepting a positive relationship
13 between the child and the other parent;
14 (d) whether both parents participated in raising the child before the divorce;
15 (e) the geographical proximity of the homes of the parents;
16 (f) the preference of the child if the child is of sufficient age and capacity to reason so as
17 to form an intelligent preference as to joint legal custody;
18 (g) the maturity of the parents and their willingness and ability to protect the child from
19 conflict that may arise between the parents; and
20 (h) any other factors the court finds relevant.
21 (3) The determination of the best interest of the child shall be by a preponderance of the
22 evidence.
23 (4) The court shall inform both parties that:
24 (a) an order for joint legal custody may preclude eligibility for [
25
26 Employment Support Act; and [
27 (b) if [
28 time subsequent to an order of joint legal custody, the order may be terminated under Section
29 30-3-10.4.
30 (5) The court may order that where possible the parties attempt to settle future disputes by
31 a dispute resolution method before seeking enforcement or modification of the terms and
1 conditions of the order of joint legal custody through litigation, except in emergency situations
2 requiring ex parte orders to protect the child.
3 Section 3. Section 35A-1-102 (Effective 07/01/97) is amended to read:
4 35A-1-102 (Effective 07/01/97). Definitions.
5 Unless otherwise specified, as used in this title:
6 (1) "Client" means an individual who the department has determined to be eligible for
7 services or benefits under:
8 (a) [
9 (b) Chapter 8, [
10 (c) Chapter 9, Training, Reemployment, and Workforce Improvement.
11 (2) "Consortium of counties" means an organization of the counties within a regional
12 workforce services area designated under Subsection 35A-1-401(3) in which all of the county
13 commissions jointly comply with this title in working with the executive director of the department
14 regarding regional workforce services areas.
15 (3) "Department" means the Department of Workforce Services created in Section
16 35A-1-103.
17 (4) "Employment advisor" means an individual responsible for developing an employment
18 plan and coordinating the services and benefits under this title in accordance with Chapter 2,
19 Regional Workforce Services Areas.
20 (5) "Employment assistance" means services or benefits provided by the department under:
21 (a) Section 35A-4-504;
22 (b) Chapter 8, Employment Support Act; and
23 (c) Chapter 9, Training, Reemployment, and Workforce Improvement.
24 [
25 area where the services provided by a regional workforce services area under Section 35A-2-201
26 may be accessed by a client.
27 (7) "Employment plan" means a written agreement between the department and a client
28 that describes:
29 (a) the relationship between the department and the client;
30 (b) the obligations of the department and the client; and
31 (c) the result if an obligation is not fulfilled by the department or the client.
1 [
2 under Section 35A-1-201.
3 (9) "Public assistance" means:
4 (a) services or benefits provided under Chapter 8, Employment Support Act;
5 (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
6 (c) foster care maintenance payments provided with the General Fund or under Title IV-E
7 of the Social Security Act;
8 (d) food stamps; and
9 (e) any other public funds expended for the benefit of a person in need of financial,
10 medical, food, housing, or related assistance.
11 [
12 established by the executive director in accordance with Chapter 2, Regional Workforce Services
13 Areas.
14 Section 4. Section 35A-1-107 is enacted to read:
15 35A-1-107. Contract with Office of Recovery Services.
16 The department shall contract with the Office of Recovery Services within the Department
17 of Human Services for collection of:
18 (1) overpayments under Title 62A, Chapter 11, Part 2, Administrative Determination of
19 Overpayments Act; and
20 (2) child support assigned under Section 35A-8-108.
21 Section 5. Section 35A-1-501, which is renumbered from Section 62A-9-126 is
22 renumbered and amended to read:
23
24 [
25 At the request of the [
26 attorney, as appropriate under Sections 17-18-1, 17-18-1.5, and 17-18-1.7, and the attorney general
27 to represent the office in any legal action taken under [
28 Support Act, or under Title 76, Chapter 8, Part 12, Public Assistance Fraud.
29 Section 6. Section 35A-1-502, which is renumbered from Section 62A-9-129 is
30 renumbered and amended to read:
31 [
1 (1) As used in this section:
2 (a) "Intentionally, knowingly, and recklessly" mean the same as those terms are defined
3 in Section 76-2-103.
4 (b) (i) "Overpayment" means money, public assistance[
5
6 program to the extent that the person receiving the thing of value is not entitled to receive it[
7 is not entitled to receive it at the level provided.
8 (ii) "Overpayment" includes money paid to a provider under [
9 connection with public assistance; Title 62A, Chapter 11, Part 3, Public Support of Children[
10
11 Uniform Act on Paternity; or any other publicly funded [
12 to the extent that the provider receives payment:
13 (A) for goods or services not provided; or [
14 (B) in excess of the amount to which the provider is entitled.
15 (c) "Provider" means the same as that term is defined in Section 62A-11-103.
16 (2) Each provider, [
17 regardless of fault, return the overpayment or repay its value to the department immediately:
18 (a) upon receiving written notice of the overpayment from the department; or
19 (b) upon discovering the overpayment, if that occurs prior to receiving notice.
20 (3) (a) Except as provided under Subsection (3)(b), interest on the unreturned balance of
21 the overpayment [
22 judgment is entered.
23 (b) If the overpayment was not the fault of the person receiving it, that person is not liable
24 for interest on the unreturned balance.
25 (c) In accordance with rules adopted by the department, an overpayment may be recovered
26 through deductions from cash assistance, general assistance, or other cash-related assistance
27 provided to a client under Chapter 8, Employment Support Act.
28 (4) Each person who knowingly assists a [
29 obtaining an overpayment is jointly and severally liable for the overpayment.
30 (5) (a) In proving liability for overpayment under this section or Subsection
31 62A-11-204.1(2)(a)(i) when fault is alleged, the department shall prove by clear and convincing
1 evidence that the overpayment was obtained intentionally, knowingly, recklessly, by false
2 statement, misrepresentation, impersonation, or other fraudulent means, such as by committing any
3 of the acts or omissions described in Sections 76-8-1203 through 76-8-1205. [
4 (b) If fault is established under Subsection (5)(a), any person who obtained or helped
5 another obtain an overpayment shall be subject to:
6 (i) a civil penalty of 10% of the amount of the overpayment [
7
8 (ii) disqualification from receiving public assistance for at least six months or as otherwise
9 provided by federal law.
10 (6) (a) If an action is filed, the department may recover, in addition to the principal sum
11 plus interest, reasonable attorneys' fees and costs unless the repayment obligation arose from an
12 administrative error by the division.
13 (b) Upon receipt, the department shall forward attorneys' fees recovered under Subsection
14 (6)(a) to the attorney general's office or the county attorney's office that litigated the matter.
15 (7) If a court finds that funds or benefits were secured, in whole or part, by fraud by the
16 person from whom repayment is sought, the court shall assess an additional sum as considered
17 appropriate as punitive damages up to the amount of repayment being sought.
18 Section 7. Section 35A-1-503, which is renumbered from Section 62A-9-131 is
19 renumbered and amended to read:
20 [
21 In any civil action pursuant to this [
22 (1) A paid state warrant made to the order of a party shall constitute prima facie evidence
23 that such party received [
24 from the state.
25 (2) In any civil or criminal action pursuant to this [
26 custody of the department relating to the application for, verification of, issuance of, receipt of,
27 and use of public assistance shall constitute business records within the meaning of the exceptions
28 to the hearsay rule of evidence.
29 (3) (a) A conviction or a guilty plea on a misdemeanor or felony charge of public
30 assistance fraud is admissible in a civil action brought under this part.
31 (b) Subsection (3)(a) may not be construed to limit the right to use a conviction or guilty
1 plea in any manner permitted by law or court rule.
2 [
3 benefits received shall be based on the ordinary or usual charge for similar benefits in the private
4 sector.
5 Section 8. Section 35A-2-202 (Effective 07/01/97) is amended to read:
6 35A-2-202 (Effective 07/01/97). Single employment advisor -- Specialization --
7 Employment plan.
8 (1) At each employment [
9 established under Section 35A-2-101 there shall be employed one or more employment advisors.
10 (2) A client shall be assigned one employment advisor[
11
12
13 (a) needs only limited services under this title for which expedited procedures are
14 appropriate; or
15 (b) receives diversion assistance under Section 35A-8-303.
16 (3) An employment advisor shall:
17 (a) develop an employment plan jointly with the client; and
18 (b) coordinate any services provided, brokered, or contracted for by the department to that
19 client.
20 (4) The employment advisor assigned to a client may be selected because of the
21 employment advisor's experience or knowledge in the benefits or services available under the title
22 that best meet the specific needs of the client and skills in working with groups of clients to
23 develop plans leading to self-sufficiency.
24 (5) (a) An employment advisor shall be:
25 (i) trained in the requirements of and benefits or services provided in:
26 [
27 [
28 [
29 (ii) capable of:
30 (A) conducting an effective assessment;
31 (B) negotiating an employment plan; and
1 (C) providing the necessary encouragement and support to a client; and
2 (iii) knowledgeable of:
3 (A) department policies;
4 (B) relevant law;
5 (C) current labor market conditions;
6 (D) education and training programs for adults; and
7 (E) services and supports available in the community.
8 (b) At the discretion of the director of a regional workforce services area, an employment
9 advisor may receive special training in the requirements of or providing services under the chapters
10 listed in Subsection (5)(a)(i).
11 (6) (a) A client employment plan may include:
12 (i) services and support necessary for stabilization;
13 (ii) assessment and training; and
14 (iii) placement.
15 (b) The client employment plan shall consider the job opportunities available to the client
16 based on the job market.
17 (c) The client employment plan shall include outcome-based measures as defined by the
18 state and regional councils on workforce development.
19 (7) If a client seeks cash assistance under Chapter 8, Employment Support Act, the
20 assignment of an employment advisor and the creation and implementation of an employment plan
21 shall be consistent with Section 35A-8-304.
22 Section 9. Section 35A-8-102 is enacted to read:
23 35A-8-102. Definitions.
24 As used in this chapter:
25 (1) "Applicant" means a person who requests assistance under this chapter.
26 (2) "Cash assistance" means a monthly dollar amount of cash a client is eligible to receive
27 under Section 35A-8-302.
28 (3) "Child care services" means care of a child for a portion of the day that is less than 24
29 hours:
30 (a) in the child's home by a responsible person who is not the child's parent or legal
31 guardian; or
1 (b) outside of the child's home in a day care center, family group home, family child care
2 home, or other qualified setting.
3 (4) "Date of enrollment" means the date on which the applicant was approved as eligible
4 for cash assistance.
5 (5) "Director" means the director of the division.
6 (6) "Diversion" means a single payment of cash assistance under Section 35A-8-303 to
7 a client who is eligible for but does not require extended cash assistance under Part 3, Family
8 Employment Program.
9 (7) "Division" means the Division of Employment Development.
10 (8) "Education or training" means:
11 (a) basic remedial education;
12 (b) adult education;
13 (c) high school education;
14 (d) education to obtain the equivalent of a high school diploma;
15 (e) education to learn English as a second language;
16 (f) applied technology training;
17 (e) employment skills training; or
18 (f) on-the-job training.
19 (9) "Full-time education or training" means training on a full-time basis as defined by the
20 educational institution attended by the parent client.
21 (10) "General assistance" means financial assistance provided to a person who is not
22 otherwise eligible for cash assistance under Part 3, Family Employment Program, because that
23 person does not live in a family with a dependent child.
24 (11) "Office of Recovery Services" means the state's Title IV-D child support enforcement
25 agency organized within the Department of Human Services.
26 (12) "Plan" or "state plan" means the state plan submitted to the Secretary of the United
27 States Department of Health and Human Services to receive funding from the United States
28 through the Temporary Assistance for Needy Families Block Grant.
29 (13) "Parent client" means a person who enters into an employment plan with the division
30 to qualify for cash assistance under Part 3, Family Employment Program.
31 (14) "Single minor parent" means a person under 18 years of age who is not married and
1 has a minor child in his care and custody.
2 Section 10. Section 35A-8-103, which is renumbered from Section 62A-9-105 is
3 renumbered and amended to read:
4 [
5 The [
6 (1) administer [
7 and the governor;
8 (2) determine eligibility in accordance with the requirements of this chapter for public
9 assistance programs assigned to it by the Legislature or the governor [
10
11 [
12
13 [
14 [
15 programs;
16 [
17 reports;
18 [
19
20 [
21 [
22 [
23
24 [
25 [
26 [
27 [
28 in cooperation with:
29 (a) the Utah Housing Finance Agency[
30 (b) the Division of Community Development within the Department of Community and
31 Economic Development[
1 (c) local housing authorities[
2
3 Section 11. Section 35A-8-104, which is renumbered from Section 62A-9-108 is
4 renumbered and amended to read:
5 [
6 assistance.
7 The [
8 or private agencies to assist in the administration and provision of public assistance. Contracts
9 shall provide that other state agencies transfer matching funds to the [
10 amounts sufficient to satisfy needs of the specified program.
11 Section 12. Section 35A-8-105, which is renumbered from Section 62A-9-110 is
12 renumbered and amended to read:
13 [
14 Information from State Tax Commission.
15 [
16
17
18 (1) The division may have access to [
19 tax returns of [
20 or person who has a duty to support a client in determining:
21 (a) eligibility for public assistance;
22 (b) payment responsibilities for institutional care; or
23 (c) any other administrative purpose consistent with this chapter.
24 (2) The information requested by the division shall be:
25 (a) provided by the State Tax Commission on forms furnished by the [
26 and [
27 (b) treated as [
28 Records Access and Management Act, by the [
29 Section 13. Section 35A-8-106, which is renumbered from Section 62A-9-115 is
30 renumbered and amended to read:
31 [
1 To [
2 in Utah voluntarily with the intention of making this state [
3 and not for a temporary purpose.
4 Section 14. Section 35A-8-107, which is renumbered from Section 62A-9-116 is
5 renumbered and amended to read:
6 [
7 Applicants and [
8 describing all:
9 (1) property owned[
10 (2) insurance owned by any [
11 (3) income available[
12 Section 15. Section 35A-8-108, which is renumbered from Section 62A-9-121 is
13 renumbered and amended to read:
14 [
15 (1) (a) The [
16 applicant or [
17 (b) Any right to support from any other person that has accrued at the time the assignment
18 is executed or, if none is executed, at the time of application for assistance, passes to the
19 [
20 and delivered an assignment to the [
21 (c) The right to support described in Subsection (1)(b) includes a right to support in the
22 applicant's or [
23 applicant or [
24 [
25
26 [
27
28 [
29
30 (2) An assignment of support or a passing of rights [
31 (1)(b) includes payments ordered, decreed, or adjudged by any court within this state, any other
1 state, or territory of the United States and is not in lieu of, and shall not supersede or alter, any
2 other court order, decree, or judgment.
3 (3) When an assignment is executed or the right to support passes to the department [
4
5 monthly assistance and the support paid to the [
6 (4) All sums refunded, except any amount which is required to be credited to the federal
7 government, shall be [
8
9
10
11
12 Section 16. Section 35A-8-109, which is renumbered from Section 62A-9-122 is
13 renumbered and amended to read:
14 [
15 -- Periodic review -- Assignment upon death of client.
16 (1) When it appears necessary or advisable, public assistance may be paid to the legal
17 guardian of an applicant or [
18 (2) The [
19 Employment Program, on behalf of an eligible [
20 in or concerned with the welfare of [
21 (a) by reason of the [
22 unable to manage funds [
23 (b) when the provision of [
24 be contrary to [
25 (c) when the office is so directed by federal requirements.
26 (3) The [
27 special efforts to protect the welfare of [
28 Periodic review of a [
29 [
30 be discontinued or, when advisable, a legal guardian shall be appointed, whichever action best
31 serves the interests and welfare of the [
1 (4) If a [
2 it is presented for payment, the [
3 any designated person.
4 Section 17. Section 35A-8-110, which is renumbered from Section 62A-9-132 is
5 renumbered and amended to read:
6 [
7 Whenever the [
8 client for services or supplies, for which another person is obligated to reimburse the [
9 division, that other person shall make such reimbursement within 60 days of notification by the
10 [
11 is granted by the [
12 8% per annum.
13 Section 18. Section 35A-8-111, which is renumbered from Section 62A-9-133 is
14 renumbered and amended to read:
15 [
16 (1) The [
17 as provided in Section 35A-1-107, is responsible for [
18 due[
19 (2) Excess property liens required in the various programs not transferred to the federal
20 government shall remain a condition of eligibility in public assistance programs.
21 Section 19. Section 35A-8-112, which is renumbered from Section 62A-9-135 is
22 renumbered and amended to read:
23 [
24 execution, garnishment, bankruptcy, or insolvency proceedings.
25 Public assistance provided under this chapter is not assignable, at law or in equity, and
26 none of the money paid or payable under this chapter is subject to execution, levy, attachment,
27 garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
28 Section 20. Section 35A-8-113, which is renumbered from Section 62A-9-136 is
29 renumbered and amended to read:
30 [
31 applicants.
1 [
2 or [
3 respect to any application, whether the fee or charge is to be paid by the applicant, [
4 client, or any other person, if that fee is in excess of an amount determined by the court or body
5 before whom an applicant or [
6 Section 21. Section 35A-8-301 is enacted to read:
7
8 35A-8-301. Purpose -- Legislative intent.
9 (1) The Legislature finds that:
10 (a) it is in the public interest to fundamentally alter the state's cash assistance program for
11 needy families with children;
12 (b) employment improves the quality of life for parents, children, and individuals by
13 increasing family income, developing job skills, and improving self-esteem; and
14 (c) the purpose of the cash assistance provided under this part is to assist a parent client
15 to obtain employment that is sufficient to sustain a family, to ensure the dignity of those receiving
16 assistance, and to strengthen families.
17 (2) The Legislature recognizes that even with assistance, some clients may be unable to
18 attain complete self-sufficiency.
19 Section 22. Section 35A-8-302 is enacted to read:
20 35A-8-302. Eligibility requirements.
21 (1) The program of cash assistance provided under this part is known as the Family
22 Employment Program.
23 (2) (a) The division shall submit a state plan to the Secretary of the United States
24 Department of Health and Human Services to obtain federal funding under the Temporary
25 Assistance for Needy Families Block Grant.
26 (b) The provisions of the state plan submitted under Subsection (2)(a) shall be consistent
27 with this part and federal law.
28 (c) If a discrepancy arises between a provision of the state plan and this part, this part
29 supersedes the provision in the state plan.
30 (3) The services and supports under this part are for both one-parent and two-parent
31 families.
1 (4) To be eligible for cash assistance under this part, a family shall:
2 (a) have at least one minor dependent child; or
3 (b) have a family member who is in the third trimester of a pregnancy.
4 (5) (a) In an appropriations act, the Legislature shall determine annually the maximum
5 monthly dollar amount of cash assistance for families based on family size.
6 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
7 department shall establish rules for eligibility and the amount of cash assistance a family is eligible
8 to receive under this part, which shall be based on:
9 (i) family size;
10 (ii) family income;
11 (iii) the maximum monthly income established under Subsection (5)(a); and
12 (iv) other relevant factors.
13 (6) When determining the dollar amount of cash assistance to be provided under this
14 chapter, the division shall disregard from earned income:
15 (a) $100; and
16 (b) 50% of the remaining monthly income.
17 (7) Once eligibility has been established, the division shall disregard money on deposit in
18 an Individual Development Account established under Section 35A-8-312 when determining
19 subsequent eligibility.
20 (8) The department shall provide for an appeal of a determination of eligibility in
21 accordance with Title 63, Chapter 46b, Administrative Procedures Act.
22 Section 23. Section 35A-8-303 is enacted to read:
23 35A-8-303. Diversion.
24 (1) (a) When an applicant applies for cash assistance, the division shall assess whether the
25 applicant should be diverted from receiving extended cash assistance. In completing the
26 assessment, the division shall consider the following:
27 (i) the applicant's employment history;
28 (ii) the likelihood of the applicant obtaining immediate full-time employment;
29 (iii) the applicant's general prospect for obtaining full-time employment;
30 (iv) the applicant's need for cash assistance to pay for housing or substantial and unforseen
31 expenses such as automobile repairs, repair or replacement of major household appliances,
1 improvements to restore real property to a habitable condition, or work-related expenses;
2 (v) housing stability; and
3 (vi) the adequacy of the applicant's child care arrangements, if applicable.
4 (b) A finding by the division with regard to eligibility for diversion shall primarily
5 consider whether, but for the diversion assistance received under this section, the applicant would
6 receive extended cash assistance.
7 (2) If the division determines that the applicant is eligible for diversion assistance and the
8 applicant agrees with this determination, the division shall provide a single payment of cash
9 assistance up to three times the maximum monthly amount of cash assistance that the applicant
10 would be otherwise qualified to receive based on household size.
11 (3) When diversion is not appropriate, an applicant may receive cash assistance as
12 otherwise provided in this part.
13 Section 24. Section 35A-8-304 is enacted to read:
14 35A-8-304. Assessment -- Participation requirements and limitations -- Mentors.
15 (1) (a) Within 20 business days of the date of enrollment, a parent client shall:
16 (i) be assigned an employment advisor; and
17 (ii) complete an assessment provided by the division regarding the parent client's family
18 circumstances, education, work history, skills, and ability to become self-sufficient.
19 (b) The assessment provided under Subsection (1) shall include a survey to be completed
20 by the parent client with the assistance of the division.
21 (2) (a) Within 15 business days of a parent client submitting a completed assessment to
22 the division, the division and the parent client shall enter into an employment plan.
23 (b) The employment plan shall contain a target date for entry into employment.
24 (c) The division shall provide a copy of the employment plan to the parent client.
25 (d) As to the parent client, the plan may include:
26 (i) participation in the Workforce Reentry Program described in Section 35A-8-305;
27 (ii) job searching requirements;
28 (iii) participation in an educational program to obtain a high school diploma, or its
29 equivalent, if the parent client does not have a high school diploma;
30 (iv) education or training necessary to obtain employment;
31 (v) a combination of work and education or training;
1 (vi) assisting the Office of Recovery Services in good faith to:
2 (A) establish the paternity of a minor child; and
3 (B) establish or enforce a child support order; and
4 (vii) participation in available treatment for drug dependency and progress toward
5 overcoming that dependency if the parent client is a drug dependent person as defined in Section
6 58-37-2.
7 (e) As to the division, the plan may include:
8 (i) providing cash and other types of public and employment assistance, including child
9 care;
10 (ii) providing education or training necessary for self-sufficiency;
11 (iii) assisting the parent client to set up and follow a household budget; and
12 (iv) assisting the parent client to obtain employment.
13 (f) An employment plan may be amended to reflect new information or changed
14 circumstances.
15 (g) If immediate employment is an activity contained in the employment plan the parent
16 client shall:
17 (i) promptly commence a search for a specified number of hours each week for
18 employment; and
19 (ii) regularly submit a report to the division on:
20 (A) how time was spent in search for a job;
21 (B) the number of job applications completed;
22 (C) the interviews attended;
23 (D) the offers of employment extended; and
24 (E) other related information required by the division.
25 (h) If full-time education or training to secure employment is an activity contained in an
26 employment plan, the parent client shall promptly undertake a full-time education or training
27 program. The employment plan may describe courses, education or training goals, and classroom
28 hours.
29 (i) (i) As a condition of receiving cash assistance under this part, a parent client shall agree
30 to make a good faith effort to comply with the employment plan.
31 (ii) If a parent client consistently fails to show good faith in complying with the
1 employment plan, the division may seek under Subsection (2)(i)(iii) to terminate all or part of the
2 cash assistance services provided under this part.
3 (iii) The division shall establish a process to reconcile disputes between a client and the
4 division as to whether:
5 (A) the parent client has made a good faith effort to comply with the employment plan;
6 or
7 (B) the division has complied with the employment plan.
8 (3) A parent client's participation in education or training beyond that required to obtain
9 a high school diploma or its equivalent is limited to the lesser of:
10 (a) 24 months; or
11 (b) the completion of the education and training requirements of the employment plan.
12 (4) A parent client with a high school diploma or equivalent who has received 24 months
13 of education or training shall participate in full-time work activities. The 24 months need not be
14 continuous and the department may define "full-time work activities" by rule.
15 (5) As a condition for receiving cash assistance on behalf of a minor child under this part,
16 the minor child shall be:
17 (a) enrolled in and attending school in compliance with Section 53A-11-101; or
18 (b) exempt from school attendance under Section 53A-11-102.
19 (6) This section does not apply to a person who has received diversion assistance under
20 Section 35A-8-303.
21 (7) (a) The division shall recruit and train volunteers to serve as mentors for parent clients.
22 (b) A mentor may advocate on behalf of a parent client and help a parent client:
23 (i) develop life skills;
24 (ii) implement an employment plan; or
25 (iii) obtain services and supports from:
26 (A) the volunteer mentor;
27 (B) the division; or
28 (C) civic organizations.
29 Section 25. Section 35A-8-305 is enacted to read:
30 35A-8-305. Workforce Reentry Program.
31 (1) (a) The division shall establish a Workforce Reentry Program of not less than 32 hours
1 of classroom instruction, and individual and group counseling.
2 (b) The program shall:
3 (i) be designed to increase self-sufficiency by helping a parent client:
4 (A) effectively solve problems;
5 (B) set goals;
6 (C) manage stress;
7 (D) strengthen critical relationships; and
8 (E) increase self-esteem through assertiveness training, support groups, and education; and
9 (ii) ensure that the individual needs of a parent client are met with respect to this program
10 under the terms of the employment plan.
11 (2) The division may, in accordance with Title 63, Chapter 56, Utah Procurement Code,
12 contract with one or more qualified providers to operate the Workforce Reentry Program.
13 Section 26. Section 35A-8-306 is enacted to read:
14 35A-8-306. Limits on eligibility.
15 (1) For purposes of this section, "battered or subjected to extreme cruelty" is defined in
16 Section 408 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996,
17 Pub. L. No. 104-193.
18 (2) Except as provided in Subsection (4), the division may not provide cash assistance to
19 a family who has received cash assistance for 36 months or more.
20 (3) (a) The division shall count toward the 36-month time limit in Subsection (2) any time
21 after January 1, 1997, during which:
22 (i) the parent client received cash assistance in this or another state; and
23 (ii) if the parent client is ineligible to receive assistance due to fraud or because the parent
24 is an undocumented alien, the family of the parent client received cash assistance in this or another
25 state.
26 (b) The division may not count toward the 36-month time limit in Subsection (2) or the
27 24-month time period in Subsection (4) any time during which a person 18 years of age or older
28 received cash assistance as a minor child.
29 (4) (a) On a month-to-month basis for up to 24 months, the division may provide cash
30 assistance to a family beyond the 36-month time limit in Subsection (2) if:
31 (i) during the previous month, the parent client was employed for no less than 80 hours;
1 and
2 (ii) during at least six of the previous 24 months in which the family received cash
3 assistance, the parent client was employed for no less than 80 hours a month.
4 (b) For up to 20% of the average monthly number of families who receive cash assistance
5 under this part, the division may provide cash assistance to a family beyond the 36-month time
6 limit in Subsection (2):
7 (i) by reason of a hardship; or
8 (ii) if the family includes an individual who has been battered or subjected to extreme
9 cruelty.
10 (c) For up to 20% of the average monthly number of families who receive cash assistance
11 under this part, the division may provide cash assistance to a family beyond the additional
12 24-month time period in Subsection (4)(a):
13 (i) by reason of a hardship; or
14 (ii) if the family includes an individual who has been battered or subjected to extreme
15 cruelty.
16 (d) Except as provided in Subsection (4)(c), the division may not provide cash assistance
17 to a family who has received 60 months of cash assistance after October 1, 1996.
18 Section 27. Section 35A-8-307 is enacted to read:
19 35A-8-307. Cash assistance to a single minor parent.
20 (1) The division may provide cash assistance to a single minor parent in accordance with
21 this section.
22 (2) A single minor parent who receives cash assistance under this part shall:
23 (a) reside in a place of residence maintained by a parent, legal guardian, or other adult
24 relative of the single minor parent, except as provided in Subsection (3);
25 (b) participate in education for parenting and life skills;
26 (c) participate in infant and child wellness programs operated by the Department of Health;
27 and
28 (d) for not less than 20 hours per week:
29 (i) attend high school or an alternative to high school, if the minor single parent does not
30 have a high school diploma;
31 (ii) participate in education or training;
1 (iii) participate in employment; or
2 (iv) participate in a combination of employment and education or training.
3 (3) (a) If the division determines that the requirements of Subsection (2)(a) are not
4 appropriate for a single minor parent, the division may assist the single minor parent to obtain
5 suitable living arrangements, including an adult-supervised living arrangement.
6 (b) As a condition of receiving cash assistance, a single minor parent who is exempt from
7 the requirements of Subsection (2)(a) shall reside in a living arrangement that is approved by the
8 division.
9 (c) The approval by the division of a living arrangement under Subsection (3)(b):
10 (i) is a means of safeguarding the use of state and federal funds; and
11 (ii) is not a certification or guarantee of the safety, quality, or condition of the living
12 arrangements of the single minor parent.
13 (4) (a) If a single minor parent resides with a parent, the division shall include the income
14 and assets of the parent of the single minor parent in determining the single minor parent's
15 eligibility for services and supports under this part.
16 (b) If a single minor parent receives services and supports under this chapter but does not
17 reside with a parent, the division shall seek an order under Title 78, Chapter 45, Uniform Civil
18 Liability for Support Act, requiring the parent of the single minor parent to financially support the
19 single minor parent.
20 (5) The requirements of this section shall be included in a single minor parent's
21 employment plan under Section 35A-8-304.
22 Section 28. Section 35A-8-308, which is renumbered from Section 62A-9-138 is
23 renumbered and amended to read:
24 [
25 provided.
26 (1) The [
27 [
28 of the third trimester of pregnancy. [
29
30 (2) For pregnant [
31 (a) refer the [
1 health services provided under Title 26, Chapter 10, Family Health Services;
2 (b) inform the [
3 placement agencies and licensed attorneys; and
4 (c) offer the [
5 (3) The department shall publish an adoption information packet[
6 (a) be easy to understand;
7 (b) contain geographically indexed materials on the public and private organizations that
8 provide adoption assistance;
9 (c) list the names, addresses, and telephone numbers of licensed child placement agencies
10 and licensed attorneys who place children for adoption;
11 (d) explain that private adoption is legal and that the law permits adoptive parents to
12 reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
13 pregnancy; and
14 (e) describe the services and supports available to the [
15 (4) A [
16 this section, even though the [
17 adoption is in accordance with Section 78-30-4.14. The [
18 provided under this section may include:
19 (a) food [
20 (b) reimbursement for expenses associated with care and confinement during pregnancy
21 as provided for in Subsection (5); and
22 (c) for a maximum of 12 months from the date of relinquishment, coordination of services
23 to assist the [
24 (i) receiving appropriate educational and occupational assessment and planning; [
25 (ii) enrolling in appropriate education [
26 high school completion and adult education programs;
27 (iii) enrolling in programs that provide assistance with job readiness, employment
28 counseling, finding employment, and work skills;
29 (iv) finding suitable housing;
30 (v) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act, if
31 the [
1 (vi) receiving counseling and other mental health services.
2 (5) (a) Except as provided in Subsection (5)(b), a [
3 receive an amount equal to the maximum monthly [
4 one person for up to 12 consecutive months from the date of relinquishment.
5 (b) If [
6 under this [
7 amount equal to the increase [
8 received but for the relinquishment for up to 12 consecutive months from the date of
9 relinquishment.
10 (6) (a) To be eligible for [
11 [
12 (i) with the cooperation of the [
13 employment [
14 describing the action the [
15 result in full-time employment [
16 (ii) enroll in high school or an alternative to high school, if the [
17 have a high school diploma, and demonstrate progress toward graduation; and
18 (iii) make a good faith effort to meet the goals of the employment plan.
19 [
20
21
22
23 [
24
25 (b) Cash assistance provided to a client before the client relinquishes a child for adoption
26 is part of the state plan.
27 [
28 (i) shall be provided for with state funds; and
29 (ii) may not be tolled when determining subsequent eligibility for [
30 assistance under this chapter.
31 [
1 this [
2 [
3 [
4 Section 29. Section 35A-8-309, which is renumbered from Section 62A-9-139 is
5 renumbered and amended to read:
6 [
7 The [
8 [
9 (1) information from the Utah Housing Finance Agency and the Division of Community
10 Development within the Department of Community and Economic Development regarding special
11 housing programs, including programs for first-time home buyers and persons with low and
12 moderate incomes and the eligibility requirements for those programs;
13 (2) referrals to programs operated by volunteers from the real estate industry that assist
14 [
15 down payments, closing costs, and credit requirements; and
16 (3) referrals to housing programs operated by municipalities, counties, local housing
17 authorities, and nonprofit housing organizations that assist individuals to obtain affordable
18 housing, including first-time home ownership.
19 Section 30. Section 35A-8-310 is enacted to read:
20 35A-8-310. Child care services.
21 (1) A parent client may receive assistance for child care under this part for a minor child
22 in the care and custody of the parent client, unless the other parent in a two-parent family:
23 (a) is capable of caring for the family's child;
24 (b) is not employed; and
25 (c) has not entered into an employment plan with the division.
26 (2) The division shall encourage a parent client to obtain child care at no cost from a
27 parent, sibling, relative, or other suitable provider.
28 (3) Within appropriations from the Legislature and in accordance with Title 63, Chapter
29 46a, Utah Administrative Rulemaking Act, the department may make rules governing eligibility
30 for child care services for a minor child in the care and custody of a parent who does not or no
31 longer receives cash assistance under this part.
1 Section 31. Section 35A-8-311 is enacted to read:
2 35A-8-311. Cash assistance to noncitizen legal residents and drug dependent persons.
3 (1) The division may provide cash assistance to a legal resident who is not a citizen of the
4 United States using funds appropriated from the general fund if barred under federal law from
5 using federal funds.
6 (2) (a) The State exercises the opt out provision in Section 115 of the Personal
7 Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
8 (b) Consistent with Subsection (2)(a), the division may provide cash assistance and food
9 stamps to a person who has been convicted of a felony involving a controlled substance, as defined
10 in Section 58-37-2.
11 (c) As a condition for receiving cash assistance under this part, a drug dependant person,
12 as defined in Section 58-37-2, shall:
13 (i) receive available treatment for the dependency; and
14 (ii) make progress toward overcoming the dependency.
15 (d) The department may only refer a client who is a drug dependent person to a treatment
16 provider that has achieved an objective level of success, as defined by department rule, in treating
17 drug dependency.
18 Section 32. Section 35A-8-312 is enacted to read:
19 35A-8-312. Individual development accounts.
20 (1) As used in this section:
21 (a) "Individual development account" means a trust account funded through periodic
22 contributions by a client and matched by or through:
23 (i) a not-for-profit organization organized under Section 501(c)(3), Internal Revenue Code;
24 or
25 (ii) the division if acting in cooperation with a not-for-profit organization.
26 (b) "Qualified acquisition costs" means the costs of acquiring, constructing, or
27 reconstructing a residence, including settlement and closing costs.
28 (c) "Qualified businesses capitalization expenses" means expenditures for capital, plant,
29 equipment, working capital, and inventory.
30 (2) An individual development account may be established by or on behalf of a client to
31 enable a client to accumulate funds for the following purposes:
1 (a) postsecondary educational expenses, including tuition, fees, books, supplies, and
2 transportation costs, if paid from the individual development account directly to an educational
3 institution that the parent client is attending as part of an employment plan;
4 (b) qualified acquisition costs associated with a first-time home purchase if paid from the
5 individual development account directly to a person to whom the amount is due; or
6 (c) amounts paid from an individual development account directly to a business
7 capitalization account that is established in a federally insured financial institution and used solely
8 for qualified business capitalization expenses.
9 (3) A client may only deposit earned income or funds received from a not-for-profit
10 organization into an individual development account.
11 Section 33. Section 35A-8-313 is enacted to read:
12 35A-8-313. Performance goals.
13 (1) As used in this section:
14 (a) "Performance goals" means a target level of performance or an expected level of
15 performance against which actual performance is compared.
16 (b) "Performance indicators" means actual performance information regarding a program
17 or activity.
18 (c) "Performance monitoring system" means a process to regularly collect and analyze
19 performance information including performance indicators and performance goals.
20 (2) (a) The department shall establish a performance monitoring system for cash assistance
21 provided under this part.
22 (b) The department shall establish the performance indicators and performance goals that
23 will be used in the performance monitoring system for cash assistance under this part. The
24 performance monitoring system shall begin on October 1, 1997.
25 (c) (i) On or before December 31, 1998, and every year thereafter, the department shall
26 submit to the legislative fiscal analyst and the director of the Office of Legislative Research and
27 General Counsel, a written report describing the difference between actual performance and
28 performance goals for the second, third, and fourth quarters of the prior fiscal year and the first
29 quarter of the current fiscal year.
30 (ii) The legislative fiscal analyst, or designee, shall convey the information contained in
31 the report to the appropriation subcommittee that has oversight responsibilities for the Department
1 of Workforce Services during the General Session that follows the submission of the report. The
2 subcommittee may consider the information in its deliberations regarding the budget for services
3 and supports under this chapter.
4 (iii) The director of the Office of Legislative Research and General Counsel, or designee,
5 shall convey the information in the report to:
6 (A) the legislative interim committee that has oversight responsibilities for the Department
7 of Workforce Services; and
8 (B) the Utah Tomorrow Strategic Planning Committee.
9 Section 34. Section 35A-8-314 is enacted to read:
10 35A-8-314. Assistance targets.
11 (1) It is the intent of the Legislature that the division facilitate the placement of 12,000
12 parent clients in full-time employment in accordance with the following schedule:
13 (a) 4,000 clients by July 1, 1998;
14 (b) 4,000 clients by July 1, 1999; and
15 (c) 4,000 clients by July 1, 2000.
16 Section 35. Section 35A-8-401, which is renumbered from Section 62A-9-114 is
17 renumbered and amended to read:
18
19 [
20 [
21
22 [
23 [
24 Family Employment Program, or Supplemental Security Income, and who are unemployable
25 according to standards promulgated by the department.
26 (b) (i) General Assistance may be provided by payment in cash or in kind. [
27
28
29 (ii) The office may provide an amount less than the existing payment level for an
30 otherwise similarly situated [
31 assistance under Part 3, Family Employment Program.
1 (c) The office shall establish asset limitations for General Assistance [
2
3
4 (d) (i) General Assistance may be granted to meet special nonrecurrent needs of [
5
6 Supplemental Security Income program, if [
7 [
8 the Social Security Administration. [
9
10 (ii) General Assistance payments may not be made to a current [
11
12 (e) [
13 of burial for [
14 expense, and the county is determined not to be liable for the expense under Section 17-5-250.
15 [
16 (ii) Notwithstanding Subsection (1)(e)(i), if the [
17 person is unclaimed, Section 53B-17-301 [
18 (iii) The [
19 under which burial expenditures may be made.
20 [
21
22
23 [
24 private nonprofit agency in establishing work projects to provide employment for employable
25 persons.
26 Section 36. Section 35A-8-402, which is renumbered from Section 62A-9-120 is
27 renumbered and amended to read:
28 [
29 Grants for General Assistance made pursuant to [
30 Section 35A-8-401, to the extent that those payments are made on an ongoing basis for persons
31 who are unemployable, shall be:
1 (1) within amounts appropriated by the Legislature; and
2 (2) calculated in a manner analogous to that provided in [
3
4
5 Section 37. Section 35A-8-501, which is renumbered from Section 62A-9-301 is
6 renumbered and amended to read:
7
8 [
9 This part is known as the "Social Capital Formation Act."
10 Section 38. Section 35A-8-502, which is renumbered from Section 62A-9-302 is
11 renumbered and amended to read:
12 [
13 As used in this part:
14 (1) "Civic organization" includes community service clubs and organizations, charitable
15 health care and service organizations, fraternal organizations, labor unions, minority and ethnic
16 organizations, commercial and industrial organizations, commerce and business clubs, private
17 nonprofit organizations, private nonprofit corporations that provide funding to community service
18 organizations, organizations that advocate or provide for the needs of persons with low incomes,
19 religious organizations, and organizations that foster strong neighborhoods and communities.
20 (2) "Diversion payment" means a lump sum cash payment provided to a [
21 in lieu of regular monthly [
22 (3) "Performance monitoring system" means a process to regularly collect and analyze
23 performance information, including performance indicators and performance goals.
24 (a) "Performance goals" means a target level of performance or an expected level of
25 performance against which actual performance is measured.
26 (b) "Performance indicators" means actual performance information regarding a program
27 or activity.
28 Section 39. Section 35A-8-503, which is renumbered from Section 62A-9-303 is
29 renumbered and amended to read:
30 [
31 (1) The Legislature finds that public policy should promote and encourage a strong civic
1 sector. Civic organizations have an important role that cannot be adequately addressed through
2 either private or public sector action. Important public values such as the condition of our
3 neighborhoods, the character of our children, and the renewal of our cities directly depend on the
4 strength of families, neighborhoods, and grassroots community organizations, as well as the
5 vitality of private and religious institutions that care for those in need. Civic organizations
6 transmit values between generations, encourage cooperation between citizens, and ensure that our
7 communities are livable and nurturing environments. The value provided to the state by civic
8 organizations is called social capital.
9 (2) The purpose of this part is to promote the availability of social capital. Using social
10 capital, [
11 array of services and supports that cannot be provided by state government alone. Social capital
12 links all parts of our society together by creating opportunities for service and giving. It facilitates
13 trust and cooperation and enhances investments in physical and human capital.
14 (3) In enacting this part, the Legislature recognizes the constitutional limits of state
15 government to sustain civic institutions that provide social capital. While state government has
16 always depended on these institutions, it does not create them nor can it replace them. This part
17 recognizes that state government must respect, recognize, and, wherever possible, constitutionally
18 encourage strong civic institutions that sustain a sense of community and humanize our lives.
19 Section 40. Section 35A-8-504, which is renumbered from Section 62A-9-304 is
20 renumbered and amended to read:
21 [
22 (1) (a) Services and supports provided by a civic organization under this part are in
23 addition to, and not in lieu of, any service or support provided by the [
24 [
25 (b) Receipt of services from a civic organization [
26 eligibility for services or supports from the [
27 (2) A person is under no obligation to receive services from a civic organization.
28 (3) A civic organization is under no obligation to provide services to a person, except as
29 provided in a contract between the organization and the [
30 [
31 Section 41. Section 35A-8-505, which is renumbered from Section 62A-9-305 is
1 renumbered and amended to read:
2 [
3 (1) The [
4 whether an applicant would be receptive to and benefit by services from a civic organization. If
5 so, the [
6 (2) (a) If an applicant chooses to receive those services and supports from a civic
7 organization, the [
8 civic organizations.
9 (b) If [
10 organization or requests services and supports available under this chapter in addition to the
11 services and supports of a civic organization, the [
12 provided under this chapter.
13 Section 42. Section 35A-8-506, which is renumbered from Section 62A-9-306 is
14 renumbered and amended to read:
15 [
16 When a [
17 35A-8-303, the [
18 services and supports from a civic organization. If so, the [
19 [
20 Section 43. Section 35A-8-507, which is renumbered from Section 62A-9-307 is
21 renumbered and amended to read:
22 [
23 Requirements.
24 (1) Before October 1, [
25
26
27 program for employees [
28 (2) The incentive [
29 employees who are able to meet the needs of applicants and [
30 to civic organizations.
31 (3) [
1
2 director may [
3 [
4 Section 44. Section 35A-8-508, which is renumbered from Section 62A-9-308 is
5 renumbered and amended to read:
6 [
7 Contract requirements.
8 (1) (a) Before October 1, [
9 Interested civic organizations may submit proposals for the purpose of contracting with the [
10 division for the provision of social capital.
11 (b) In cooperation with the coalition described in Section [
12 [
13 (i) specifications for proposals[
14 (ii) deadlines for submissions[
15 (iii) contents of proposals[
16 (iv) the criteria upon which proposals will be accepted[
17 (v) the amount of available funding.
18 (2) The director may enter into a contract with a civic organization, which shall at least
19 include:
20 (a) the funding, if any, to be provided to the civic organization by the [
21 (b) the geographical boundary within which the civic organization is to provide services
22 and supports to individuals referred by the [
23 (c) a description of the services and supports to be provided by the civic organization to
24 [
25 (d) the performance monitoring system to be used by the civic organization to evaluate the
26 effects of the services and supports that it provides; and
27 (e) other provisions as the [
28 (3) (a) A contract between the [
29 is for a defined period of time and a fixed funding amount.
30 (b) If a contract provides public funds, the civic organization will be required to comply
31 with all applicable state and federal law with respect to those funds, which may include audit,
1 recordkeeping, and financial accounting requirements.
2 (4) The services and supports provided by civic organizations under this section do not
3 include eligibility determinations, cash assistance, food coupons, or quality assurance related to
4 these functions.
5 Section 45. Section 35A-8-509, which is renumbered from Section 62A-9-309 is
6 renumbered and amended to read:
7 [
8 (1) To enable the [
9 appropriate civic organization under this part, the [
10 coalition described in Section [
11 civic organizations. For those organizations that wish to participate, the inventory shall include:
12 (a) a description of the services and supports provided;
13 (b) the geographical locations served;
14 (c) methods of accessing services; and
15 (d) eligibility for services.
16 (2) The inventory shall be stored, updated annually, and made available in a usable form
17 as a resource directory for all [
18 Section 46. Section 35A-8-510, which is renumbered from Section 62A-9-310 is
19 renumbered and amended to read:
20 [
21 Before June 30, 2001, the Legislative Auditor General shall complete an evaluation of the
22 effectiveness of the process established under this part. That evaluation shall be provided to the
23 [
24 responsibilities for the Department of Workforce Services.
25 Section 47. Section 35A-8-511, which is renumbered from Section 62A-9-311 is
26 renumbered and amended to read:
27 [
28 The director shall convene a coalition of civic organizations, representatives of the [
29 division, representatives of state and local agencies, advocacy organizations, public officials,
30 community leaders, members of the Legislature, and other persons and organizations as he
31 determines. The coalition shall offer advice to the director on issues relevant to this part.
1 Section 48. Section 53A-12-204 is amended to read:
2 53A-12-204. Purchase of textbooks by local school board -- State board approval --
3 Sales to pupils -- Free textbooks -- Textbooks provided to teachers -- Payment of costs --
4 Rental of textbooks.
5 (1) A local school board, under rules adopted by the State Board of Education, may
6 purchase textbooks approved by the state board for use in the public schools directly from the
7 publisher at prices and terms approved by the state board and may sell those books to pupils in
8 grades nine through 12 at a cost not to exceed the actual cost of the book plus costs of
9 transportation and handling.
10 (2) Each school board, however, shall provide, free of charge, textbooks and workbooks
11 required for courses of instruction for each child attending public schools whose parent or guardian
12 is financially unable to purchase them.
13 (3) Children who are receiving [
14
15 Program, supplemental security income, or [
16 Child and Family Services within the Department of Human Services are eligible for free
17 textbooks and workbooks under this section.
18 (4) The school board shall also purchase all books necessary for teachers to conduct their
19 classes.
20 (5) The cost of furnishing textbooks and workbooks may be paid from school operating
21 funds, the textbook fund, or from other available funds.
22 (6) Books provided to teachers and pupils without charge or at less than full cost are paid
23 for out of funds of the district and remain the property of the district.
24 (7) In school districts that require pupils to rent books instead of purchasing them or
25 providing them free of charge, the school board shall waive rental fees for a child whose parent
26 or guardian is financially unable to pay the rental fee. The children considered eligible under
27 Subsection (3) are also eligible for the purposes of this subsection.
28 Section 49. Section 62A-1-117 is enacted to read:
29 62A-1-117. Assignment of support -- Children in state custody.
30 (1) Child support is assigned to the department by operation of law when a child is
31 residing outside of his home in the protective custody, temporary custody, custody, or care of the
1 state for at least 30 days.
2 (2) The department has the right to receive payment for child support assigned to it under
3 Subsection (1).
4 (3) The Office of Recovery Services is the payee for the department for payment received
5 under this section.
6 Section 50. Section 62A-11-103 is amended to read:
7 62A-11-103. Definitions.
8 As used in this part:
9 (1) "Director" means the director of the Office of Recovery Services.
10 (2) "Disposable earnings" means that part of the earnings of an individual remaining after
11 the deduction of all amounts required by law to be withheld.
12 (3) "Earnings" means compensation paid or payable for personal services whether
13 denominated as wages, salary, commission, bonus, or contract payment or denominated as
14 advances on future wages, salary, commission, bonus, or contract payment, or otherwise.
15 "Earnings" specifically includes, but is not limited to:
16 (a) periodic payments under pension or retirement programs or insurance policies of any
17 type;
18 (b) unemployment compensation benefits;
19 (c) workers' compensation benefits; and
20 (d) all gain derived from capital, labor, or both combined, including profit gained through
21 sale or conversion of capital assets.
22 (4) "Obligee" means this state, an individual, or another state to whom a debt is owed.
23 (5) "Obligor" means a person, firm, or corporation owing money to this state, to an
24 individual, or to another state in whose behalf this state is acting.
25 (6) "Office" means the Office of Recovery Services.
26 (7) "Provider" means a person or entity that receives compensation from any public
27 assistance program for goods or services provided to a public assistance recipient.
28 (8) "Public assistance" means [
29
30
31 Section 35A-1-102.
1 Section 51. Section 62A-11-110 is amended to read:
2 62A-11-110. Collection of cash assistance repayments.
3 (1) The office shall take all necessary steps to recover the repayments required under
4 Section [
5 However, the office, under administrative rules, may use discretion in recovering small
6 overpayments unintentionally received as a result of administrative error.
7 (2) In addition to other authorized procedures, the office may file a civil action against any
8 individual, corporation, business, or association determined by it to owe money to this state under
9 Section [
10 [
11
12
13
14 [
15
16
17
18 [
19
20
21
22
23 [
24
25
26
27 Section 52. Section 62A-11-202 is amended to read:
28 62A-11-202. Definitions.
29 As used in this part:
30 (1) "Adjudicative proceeding" means an action or proceeding of the office described in
31 Section 63-46b-1.
1 (2) "Administrative order" means an order issued by the office or the department involving
2 an overpayment of public assistance.
3 (3) "Court order" means a judgment or order of any court of this state, another state, or the
4 federal government that involves an overpayment of public assistance.
5 (4) "Director" means the director of the Office of Recovery Services.
6 (5) "Notice of agency action" means the notice required to commence an adjudicative
7 proceeding as described in Section 63-46b-3.
8 (6) "Obligor" means an individual who is liable to the state under Section [
9 35A-1-502 and applicable federal statutes and regulations, or an individual against whom an
10 administrative or judicial order determining overpayment has been obtained.
11 (7) "Office" means the Office of Recovery Services.
12 (8) "Overpayment" means the same as that term is defined in Section [
13 35A-1-502.
14 Section 53. Section 62A-11-203 is amended to read:
15 62A-11-203. Obligor presumed to have notice of office's rights -- Authority to
16 administer oaths, issue subpoenas, and compel witnesses and production of documents --
17 Recovery of attorneys' fees, costs, and interest -- Rulemaking authority -- Administrative
18 procedures.
19 (1) An obligor is presumed to have received notice of the rights of the office under this
20 part upon engaging in this state in any of the acts described in Subsections [
21 35A-1-502(4) and (5) or Section 76-8-1203, 76-8-1204, or 76-8-1205.
22 (2) For the purposes of this part, the director or his authorized representative may
23 administer oaths and certify official acts, issue subpoenas, and compel witnesses and the
24 production of business records, documents, and evidence.
25 (3) (a) Except when an overpayment results from administrative error, the office may
26 recover from the obligor:
27 (i) reasonable attorneys' fees;
28 (ii) costs incurred in pursuing administrative remedies under this part; and
29 (iii) interest at the rate of 1% a month accruing from the date an administrative or judicial
30 order is issued determining the amount due under this part.
31 (b) The office may recover interest, attorneys' fees, and costs, if notice of the assessment
1 has been included in a notice of agency action issued in conformity with Title 63, Chapter 46b,
2 Administrative Procedures Act.
3 (4) The office may adopt, amend, and enforce rules to carry out the provisions of this part.
4 (5) Service of all notices and orders under this part shall comply with Title 63, Chapter
5 46b, Administrative Procedures Act, the Utah Rules of Civil Procedure, or rules adopted by the
6 office that meet standards required by due process and that do not conflict with the requirements
7 of the Administrative Procedures Act.
8 Section 54. Section 62A-11-204.1 is amended to read:
9 62A-11-204.1. Issuance or modification of administrative order -- Voluntary
10 acknowledgment of overpayment -- Court order supersedes -- Notification requirement.
11 (1) As used in Subsection (2)(a)(i), "intentional program violation" means obtaining an
12 "overpayment" as defined in Section [
13 (2) (a) Through an adjudicative proceeding, the office may issue or modify an
14 administrative order that:
15 (i) determines whether an overpayment was made, the amount of the overpayment, and
16 whether benefits were obtained by an intentional program violation;
17 (ii) reduces the overpayment to an administrative judgment; or
18 (iii) renews an administrative judgment.
19 (b) The office shall commence an adjudicative proceeding to renew a judgment by serving
20 notice of agency action on the obligor before the judgment is barred by the applicable statute of
21 limitations.
22 (3) The office may accept voluntary acknowledgment of an overpayment obligation and
23 enter into stipulated agreements to issue orders and judgments.
24 (4) A provision of an administrative order is enforceable against an obligor, unless it is in
25 direct conflict with or is superseded by a provision of a court order. To the extent of any conflict,
26 the court order governs.
27 (5) After being properly served with a notice of agency action under this part, an obligor
28 shall notify the office of any subsequent change of address or employment.
29 Section 55. Section 62A-11-209 is amended to read:
30 62A-11-209. Schedule of payments to be paid upon liability -- Establishment --
31 Cancellation.
1 (1) At any time, the office may, consistent with the income, earning capacity, and
2 resources of the obligor, set or reset the level and schedule of payments to be paid upon the
3 liability, and may, at any time, cancel the schedule of payments and demand immediate payment
4 in full.
5 (2) The office may recover an overpayment through deductions from cash assistance
6 pursuant to Section 35A-1-502.
7 Section 56. Section 62A-11-307.1 is amended to read:
8 62A-11-307.1. Collection directly from responsible parent.
9 (1) The office may issue or modify an order under Section 62A-11-304.2 and collect under
10 this part directly from a responsible parent if the procedural requirements of applicable law have
11 been met and if public assistance is provided on behalf of that parent's dependent child. The direct
12 right to issue an order under this subsection is independent of and in addition to the right derived
13 from that assigned under Section [
14 (2) An order issuing or modifying a support obligation under Subsection (1), issued while
15 public assistance was being provided for a dependent child, remains in effect and may be enforced
16 by the office under Section 62A-11-306.1 after provision of public assistance ceases.
17 (3) (a) The office may issue or modify an administrative order, subject to the procedural
18 requirements of applicable law, that requires that obligee to pay to the office assigned support that
19 an obligee receives and retains in violation of Subsection 62A-11-307.2 (4) and may reduce to
20 judgment any unpaid balance due.
21 (b) The office may collect the judgment debt in the same manner as it collects any
22 judgment for past due support owed by an obligor.
23 Section 57. Section 62A-11-307.2 is amended to read:
24 62A-11-307.2. Duties of obligee after assignment of support rights.
25 (1) An obligee whose rights to support have been assigned under Section [
26 35A-8-108 as a condition of eligibility for public assistance has the following duties:
27 (a) Upon request of the office, the obligee shall execute and deliver all instruments and
28 papers required by the office and comply with whatever is considered necessary by the office in
29 connection with an administrative or judicial action commenced by the office under this chapter.
30 (b) The obligee may not commence an action against an obligor or file a pleading to
31 collect or modify support without the office's written consent.
1 (c) The obligee may not do anything to prejudice the rights of the office to establish
2 paternity, enforce provisions requiring health insurance, or to establish and collect support.
3 (d) The obligee may not agree to allow the obligor to change the court or administratively
4 ordered manner or amount of payment of past, present, or future support without the office's
5 written consent.
6 (2) The office's right to recover is not reduced or terminated if an obligee agrees to allow
7 the obligor to change the court or administratively ordered manner or amount of payment of
8 support, whether that agreement is entered into before or after public assistance is furnished on
9 behalf of a dependent child.
10 (3) (a) If an obligee receives direct payment of assigned support from an obligor, he shall
11 immediately deliver that payment to the office.
12 (b) If an obligee agrees with an obligor to receive payment of support other than in the
13 court or administratively ordered manner and receives payment as agreed with the obligor, he shall
14 immediately deliver the cash equivalent of the payment to the office. If the amount delivered to
15 the office by the obligee under this subsection exceeds the amount of the court or administratively
16 ordered support due, the office shall return the excess to the obligee.
17 (4) If public assistance furnished on behalf of a dependent child is terminated, the office
18 may continue to provide paternity establishment and support collection services. Unless the
19 obligee notifies the office to discontinue these services, the obligee is considered to have accepted
20 and is bound by the rights, duties, and liabilities of an obligee who has applied for those services.
21 Section 58. Section 76-7-305.5 is amended to read:
22 76-7-305.5. Requirements for printed materials and informational video -- Annual
23 report of Department of Health.
24 (1) In order to insure that a woman's consent to an abortion is truly informed consent, the
25 Department of Health shall publish printed materials and an informational video in accordance
26 with the requirements of this section. The department and each local health department shall make
27 those materials and a viewing of the video available at no cost to any person. The printed material
28 and the informational video shall be comprehensible and contain all of the following:
29 (a) geographically indexed materials informing the woman of public and private services
30 and agencies available to assist her, financially and otherwise, through pregnancy, at childbirth,
31 and while the child is dependent, including services and supports available under Section
1 [
2 services, including a comprehensive list of the names, addresses, and telephone numbers of public
3 and private agencies and private attorneys whose practice includes adoption, and explanations of
4 possible available financial aid during the adoption process. The information regarding adoption
5 services shall include the fact that private adoption is legal, and that the law permits adoptive
6 parents to pay the costs of prenatal care, childbirth, and neonatal care. The department may, at its
7 option, include printed materials that describe the availability of a toll-free 24-hour telephone
8 number that may be called in order to obtain, orally, the list and description of services, agencies,
9 and adoption attorneys in the locality of the caller;
10 (b) descriptions of the probable anatomical and physiological characteristics of the unborn
11 child at two-week gestational increments from fertilization to full term, accompanied by pictures
12 representing the development of an unborn child at those gestational increments. The descriptions
13 shall include information about brain and heart function and the presence of external members and
14 internal organs during the applicable stages of development. Any pictures used shall contain the
15 dimensions of the fetus and shall be realistic and appropriate for that woman's stage of pregnancy.
16 The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific
17 information about an unborn child at the various gestational ages;
18 (c) objective descriptions of abortion procedures used in current medical practice at the
19 various stages of growth of the unborn child, the medical risks commonly associated with each
20 procedure, including those related to subsequent childbearing, the possible detrimental
21 psychological effects of abortion, and the medical risks associated with carrying a child to term;
22 (d) any relevant information on the possibility of an unborn child's survival at the
23 two-week gestational increments described in Subsection (b);
24 (e) information on the availability of medical assistance benefits for prenatal care,
25 childbirth, and neonatal care;
26 (f) a statement conveying that it is unlawful for any person to coerce a woman to undergo
27 an abortion;
28 (g) a statement conveying that any physician who performs an abortion without obtaining
29 the woman's informed consent or without according her a private medical consultation in
30 accordance with the requirements of this section, may be liable to her for damages in a civil action
31 at law; and
1 (h) information regarding the legal responsibility of the father to assist in child support,
2 even in instances where he has agreed to pay for an abortion, including a description of the
3 services available through the Office of Recovery Services, within the Department of Human
4 Services, to establish and collect that support.
5 (2) The material described in Subsection (1) shall be printed in a typeface large enough
6 to be clearly legible.
7 (3) Every facility in which abortions are performed shall immediately provide the printed
8 informed consent materials and a viewing of or a copy of the informational video described in
9 Subsection (1) to any patient or potential patient prior to the performance of an abortion, unless
10 the patient's attending or referring physician certifies in writing that he reasonably believes that
11 provision of the materials or video to that patient would result in a severely adverse effect on her
12 physical or mental health.
13 (4) The Department of Health shall produce a standardized videotape that may be used
14 statewide, containing all of the information described in Subsection (1), in accordance with the
15 requirements of that section. In preparing the video, the department may summarize and make
16 reference to the printed comprehensive list of geographically indexed names and services
17 described in Subsection (1)(a). The videotape shall, in addition to the information described in
18 Subsection (1), show an ultrasound of the heart beat of an unborn child at three weeks gestational
19 age, at six to eight weeks gestational age, and each month thereafter, until viability. That
20 information shall be presented in an objective, unbiased manner designed to convey only accurate
21 scientific information.
22 (5) The Department of Health and local health departments shall provide ultrasounds in
23 accordance with the provisions of Subsection 76-7-305(1)(b), at no expense to the pregnant
24 woman.
25 (6) The Department of Health shall compile and report the following information annually,
26 preserving physician and patient anonymity:
27 (a) the total amount of informed consent material described in Subsection (1) that was
28 distributed;
29 (b) the number of women who obtained abortions in this state without receiving those
30 materials;
31 (c) the number of statements signed by attending physicians certifying to his opinion
1 regarding adverse effects on the patient under Subsection (3); and
2 (d) any other information pertaining to protecting the informed consent of women seeking
3 abortions.
4 (7) The Department of Health shall annually report to the Human Services Interim
5 Committee regarding the information described in Subsection (6), and provide a copy of the
6 printed materials and the videotape produced in accordance with this section.
7 Section 59. Section 76-8-1201 is amended to read:
8 76-8-1201. Definitions.
9 As used in this part:
10 [
11 assistance.
12 [
13 35A-1-502.
14 [
15 [
16 [
17 Section 60. Section 76-8-1202 is amended to read:
18 76-8-1202. Application of part.
19 (1) This part does not apply to offenses by providers under the state's Medicaid program
20 that are actionable under Title 26, Chapter 20, False Claims Act.
21 (2) (a) Section [
22 (b) The repayment of funds or other benefits obtained in violation of the provisions of this
23 chapter shall not constitute a defense or grounds for dismissal of a criminal action.
24 Section 61. Section 76-8-1205 is amended to read:
25 76-8-1205. Public assistance fraud defined.
26 Each of the following persons, who intentionally, knowingly, or recklessly commits any
27 of the following acts, is guilty of public assistance fraud:
28 (1) any person who uses, transfers, acquires, traffics in, falsifies, or possesses any food
29 stamp, food stamp identification card, certificate of eligibility for medical services, Medicaid
30 identification card, or public assistance warrant in a manner not allowed by law;
31 (2) any person who fraudulently misappropriates any funds exchanged for food stamps,
1 any food stamp, food stamp identification card, certificate of eligibility for medical services,
2 Medicaid identification card, or other public assistance with which he has been entrusted or that
3 has come into his possession in connection with his duties in administering any state or federally
4 funded public assistance program;
5 (3) any person who receives an unauthorized payment as a result of acts described in this
6 section;
7 (4) any provider who receives payment or any [
8 failing to comply with any applicable requirement in Sections 76-8-1203 and 76-8-1204;
9 (5) any provider who files a claim for payment under any state or federally funded public
10 assistance program for goods or services not provided to or for a [
11 (6) any provider who files or falsifies a claim, report, or document required by state or
12 federal law, rule, or provider agreement for goods or services not authorized under the state or
13 federally funded public assistance program for which the goods or services were provided;
14 (7) any provider who fails to credit the state for payments received from other sources;
15 (8) any provider who bills a [
16 services not provided, or bills in an amount greater than allowed by law or rule;
17 (9) any [
18 resources in excess of the amount he previously reported to the Department of Human Services,
19 and fails to notify the department within ten days after acquiring the excess income or resources;
20 (10) any person who fails to act as required under Section 76-8-1203 or 76-8-1204 with
21 intent to obtain or help another obtain an "overpayment" as defined in Section [
22 35A-1-502; and
23 (11) any person who obtains an overpayment by violation of Section 76-8-1203 or
24 76-8-1204.
25 Section 62. Section 76-10-1602 is amended to read:
26 76-10-1602. Definitions.
27 As used in this part:
28 (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
29 business trust, association, or other legal entity, and any union or group of individuals associated
30 in fact although not a legal entity, and includes illicit as well as licit entities.
31 (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
1 commission of at least three episodes of unlawful activity, which episodes are not isolated, but
2 have the same or similar purposes, results, participants, victims, or methods of commission, or
3 otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
4 demonstrate continuing unlawful conduct and be related either to each other or to the enterprise.
5 At least one of the episodes comprising a pattern of unlawful activity shall have occurred after July
6 31, 1981. The most recent act constituting part of a pattern of unlawful activity as defined by this
7 part shall have occurred within five years of the commission of the next preceding act alleged as
8 part of the pattern.
9 (3) "Person" includes any individual or entity capable of holding a legal or beneficial
10 interest in property, including state, county, and local governmental entities.
11 (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
12 command, encourage, or intentionally aid another person to engage in conduct which would
13 constitute any offense described by the following crimes or categories of crimes, or to attempt or
14 conspire to engage in an act which would constitute any of those offenses, regardless of whether
15 the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony:
16 (a) assault or aggravated assault, Sections 76-5-102 and 76-5-103;
17 (b) a threat against life or property, Section 76-5-107;
18 (c) criminal homicide, Sections 76-5-201, 76-5-202, and 76-5-203;
19 (d) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;
20 (e) arson or aggravated arson, Sections 76-6-102 and 76-6-103;
21 (f) causing a catastrophe, Section 76-6-105;
22 (g) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203;
23 (h) burglary of a vehicle, Section 76-6-204;
24 (i) manufacture or possession of an instrument for burglary or theft, Section 76-6-205;
25 (j) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302;
26 (k) theft, Section 76-6-404;
27 (l) theft by deception, Section 76-6-405;
28 (m) theft by extortion, Section 76-6-406;
29 (n) receiving stolen property, Section 76-6-408;
30 (o) theft of services, Section 76-6-409;
31 (p) forgery, Section 76-6-501;
1 (q) fraudulent use of a credit card, Sections 76-6-506.1, 76-6-506.2, and 76-6-506.4;
2 (r) computer fraud, Title 76, Chapter 6, Part 7;
3 (s) bribery or receiving bribe by person in the business of selection, appraisal, or criticism
4 of goods, Section 76-6-508;
5 (t) bribery of a labor official, Section 76-6-509;
6 (u) defrauding creditors, Section 76-6-511;
7 (v) acceptance of deposit by insolvent financial institution, Section 76-6-512;
8 (w) unlawful dealing with property by fiduciary, Section 76-6-513;
9 (x) bribery or threat to influence contest, Section 76-6-514;
10 (y) making a false credit report, Section 76-6-517;
11 (z) criminal simulation, Section 76-6-518;
12 (aa) criminal usury, Section 76-6-520;
13 (bb) false or fraudulent insurance claim, Section 76-6-521;
14 (cc) sale of a child, Section 76-7-203;
15 (dd) bribery to influence official or political actions, Section 76-8-103;
16 (ee) threats to influence official or political action, Section 76-8-104;
17 (ff) receiving bribe or bribery by public servant, Section 76-8-105;
18 (gg) receiving bribe or bribery for endorsement of person as public servant, Section
19 76-8-106;
20 (hh) official misconduct, Sections 76-8-201 and 76-8-202;
21 (ii) obstructing justice, Section 76-8-306;
22 (jj) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308;
23 (kk) false or inconsistent material statements, Section 76-8-502;
24 (ll) false or inconsistent statements, Section 76-8-503;
25 (mm) written false statements, Section 76-8-504;
26 (nn) tampering with a witness, retaliation against a witness or informant, or bribery,
27 Section 76-8-508;
28 (oo) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
29 (pp) tampering with evidence, Section 76-8-510;
30 (qq) intentionally or knowingly causing one animal to fight with another, Subsection
31 76-9-301(1)(f);
1 (rr) delivery to common carrier, mailing, or placement on premises of an incendiary
2 device, Section 76-10-307;
3 (ss) construction or possession of an incendiary device, Section 76-10-308;
4 (tt) possession of a deadly weapon with intent to assault, Section 76-10-507;
5 (uu) unlawful marking of pistol or revolver, Section 76-10-521;
6 (vv) alteration of number or mark on pistol or revolver, Section 76-10-522;
7 (ww) forging or counterfeiting trademarks, trade name, or trade device, Section
8 76-10-1002;
9 (xx) selling goods under counterfeited trademark, trade name, or trade devices, Section
10 76-10-1003;
11 (yy) sales in containers bearing registered trademark of substituted articles, Section
12 76-10-1004;
13 (zz) selling or dealing with article bearing registered trademark or service mark with intent
14 to defraud, Section 76-10-1006;
15 (aaa) gambling, Section 76-10-1102;
16 (bbb) gambling fraud, Section 76-10-1103;
17 (ccc) gambling promotion, Section 76-10-1104;
18 (ddd) possessing a gambling device or record, Section 76-10-1105;
19 (eee) confidence game, Section 76-10-1109;
20 (fff) distributing pornographic material, Section 76-10-1204;
21 (ggg) inducing acceptance of pornographic material, Section 76-10-1205;
22 (hhh) dealing in harmful material to a minor, Section 76-10-1206;
23 (iii) distribution of pornographic films, Section 76-10-1222;
24 (jjj) indecent public displays, Section 76-10-1228;
25 (kkk) prostitution, Section 76-10-1302;
26 (lll) aiding prostitution, Section 76-10-1304;
27 (mmm) exploiting prostitution, Section 76-10-1305;
28 (nnn) aggravated exploitation of prostitution, Section 76-10-1306;
29 (ooo) sexual exploitation of a minor, Section 76-5a-3;
30 (ppp) communications fraud, Section 76-10-1801;
31 (qqq) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
1 Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, or Title
2 58, Chapter 37c, Utah Controlled Substance Precursor Act;
3 (rrr) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
4 Securities Act;
5 (sss) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
6 Land Sales Practices Act;
7 (ttt) false claims for public assistance[
8 76-8-1203, 76-8-1204, or 76-8-1205;
9 (uuu) any act prohibited by the criminal provisions of Title 63, Chapter 56, Utah
10 Procurement Code;
11 (vvv) any act prohibited by the criminal provisions of the laws governing taxation in this
12 state;
13 (www) any act prohibited by the criminal provisions of Title 32A, Chapter 12, Criminal
14 Offenses;
15 (xxx) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
16 Recording Practices Act [
17 (yyy) deceptive business practices, Section 76-6-507;
18 (zzz) any act prohibited by the criminal provisions of Title 76, Chapter 10, Part 19, Money
19 Laundering and Currency Transaction Reporting Act; and
20 (aaaa) any act illegal under the laws of the United States and enumerated in Title 18,
21 Section 1961 (1)(B), (C), and (D) of the United States Code.
22 Section 63. Section 78-30-15.5 is amended to read:
23 78-30-15.5. Itemization of fees and expenses.
24 (1) Prior to the date that a final decree of adoption is entered, an affidavit regarding fees
25 and expenses, signed by the adoptive parent or parents and the person or agent placing the child,
26 shall be filed with the court. That affidavit shall itemize all fees paid, items exchanged, and
27 services rendered in connection with the adoption and shall state that the requirements of Section
28 76-7-203 have been complied with. [
29
30
31 (2) This section does not apply if the adoptive parent is the legal spouse of the birth parent.
1 Section 64. Section 78-45-7.5 is amended to read:
2 78-45-7.5. Determination of gross income -- Imputed income.
3 (1) As used in the guidelines, "gross income" includes:
4 (a) prospective income from any source, including nonearned sources, except under
5 Subsection (3); and
6 (b) income from salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone,
7 prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous
8 marriages, annuities, capital gains, social security benefits, workers' compensation benefits,
9 unemployment compensation, disability insurance benefits, and payments from "nonmeans-tested"
10 government programs.
11 (2) Income from earned income sources is limited to the equivalent of one full-time
12 40-hour job. However, if and only if during the time prior to the original support order, the parent
13 normally and consistently worked more than 40 hours at his job, the court may consider this extra
14 time as a pattern in calculating the parent's ability to provide child support.
15 (3) Specifically excluded from gross income are:
16 (a) [
17 Title 35A, Chapter 8, Part 3, Family Employment Program;
18 (b) benefits received under a housing subsidy program, the Job Training Partnership Act,
19 [
20 Stamps, or General Assistance; and
21 (c) other similar means-tested welfare benefits received by a parent.
22 (4) (a) Gross income from self-employment or operation of a business shall be calculated
23 by subtracting necessary expenses required for self-employment or business operation from gross
24 receipts. The income and expenses from self-employment or operation of a business shall be
25 reviewed to determine an appropriate level of gross income available to the parent to satisfy a child
26 support award. Only those expenses necessary to allow the business to operate at a reasonable
27 level may be deducted from gross receipts.
28 (b) Gross income determined under this subsection may differ from the amount of business
29 income determined for tax purposes.
30 (5) (a) When possible, gross income should first be computed on an annual basis and then
31 recalculated to determine the average gross monthly income.
1 (b) Each parent shall provide verification of current income. Each parent shall provide
2 year-to-date pay stubs or employer statements and complete copies of tax returns from at least the
3 most recent year unless the court finds the verification is not reasonably available. Verification
4 of income from records maintained by the Office of Employment Security may be substituted for
5 pay stubs, employer statements, and income tax returns.
6 (c) Historical and current earnings shall be used to determine whether an
7 underemployment or overemployment situation exists.
8 (6) Gross income includes income imputed to the parent under Subsection (7).
9 (7) (a) Income may not be imputed to a parent unless the parent stipulates to the amount
10 imputed or a hearing is held and a finding made that the parent is voluntarily unemployed or
11 underemployed.
12 (b) If income is imputed to a parent, the income shall be based upon employment potential
13 and probable earnings as derived from work history, occupation qualifications, and prevailing
14 earnings for persons of similar backgrounds in the community.
15 (c) If a parent has no recent work history, income shall be imputed at least at the federal
16 minimum wage for a 40-hour work week. To impute a greater income, the judge in a judicial
17 proceeding or the presiding officer in an administrative proceeding shall enter specific findings
18 of fact as to the evidentiary basis for the imputation.
19 (d) Income may not be imputed if any of the following conditions exist:
20 (i) the reasonable costs of child care for the parents' minor children approach or equal the
21 amount of income the custodial parent can earn;
22 (ii) a parent is physically or mentally disabled to the extent he cannot earn minimum wage;
23 (iii) a parent is engaged in career or occupational training to establish basic job skills; or
24 (iv) unusual emotional or physical needs of a child require the custodial parent's presence
25 in the home.
26 (8) (a) Gross income may not include the earnings of a child who is the subject of a child
27 support award nor benefits to a child in the child's own right such as Supplemental Security
28 Income.
29 (b) Social Security benefits received by a child due to the earnings of a parent may be
30 credited as child support to the parent upon whose earning record it is based, by crediting the
31 amount against the potential obligation of that parent. Other unearned income of a child may be
1 considered as income to a parent depending upon the circumstances of each case.
2 Section 65. Section 78-45-7.11 is amended to read:
3 78-45-7.11. Reduction for extended visitation.
4 (1) The child support order shall provide that the base child support award be reduced by
5 50% for each child for time periods during which the child is with the noncustodial parent by order
6 of the court or by written agreement of the parties for at least 25 of any 30 consecutive days. If
7 the dependent child is a [
8 assistance provided under Title 35A, Chapter 8, Part 3, Family Employment Program, any
9 agreement by the parties for reduction of child support during extended visitation shall be
10 approved by the administrative agency. However, normal visitation and holiday visits to the
11 custodial parent shall not be considered an interruption of the consecutive day requirement.
12 (2) For purposes of this section the per child amount to which the abatement applies shall
13 be calculated by dividing the base child support award by the number of children included in the
14 award.
15 Section 66. Commission of study.
16 (1) Before September 30, 1998, the Department of Workforce Services shall complete a
17 study regarding the characteristics of families receiving cash assistance under Title 35A, Chapter
18 8, Employment Support Act, who face severe, persistent, and multiple barriers to self-sufficiency.
19 This study shall identify:
20 (a) the number, demographic characteristics, and health status of these families;
21 (b) the incidence and prevalence of mental illness, substance abuse, and physical
22 disabilities as barriers to self-sufficiency, including the extent to which families face one or more
23 of these characteristics;
24 (c) the extent to which traditional interventions, services, and supports are effective or
25 ineffective in reducing barriers to self-sufficiency;
26 (d) policy recommendations for reducing barriers to self-sufficiency;
27 (e) the probable effects of time limits on cash assistance to families who face barriers to
28 self-sufficiency and those who do not; and
29 (f) such other issues as the department considers appropriate.
30 (2) The department, in accordance with Title 63, Chapter 56, Utah Procurement Code,
31 shall contract with an organization to conduct this study. Proposals for the study shall be sent to
1 a nationwide pool of applicants, and the organization selected shall have demonstrated expertise
2 and experience in evaluating large and complex social policy issues.
3 (3) The department shall send a copy of the study to the legislative interim committee that
4 has oversight responsibilities for the Department of Workforce Services.
5 Section 67. Repealer.
6 This act repeals:
7 Section 62A-9-101, Legislative purpose.
8 Section 62A-9-102, Definitions.
9 Section 62A-9-104, Office -- Creation -- Powers and responsibilities.
10 Section 62A-9-106, Director of office -- Appointment -- Qualifications --
11 Administration of oaths.
12 Section 62A-9-107, Adjudicative proceedings.
13 Section 62A-9-109, Acceptance of gifts and grants.
14 Section 62A-9-117, Property ownership disqualifying applicant or recipient from Aid
15 to Families with Dependent Children -- Limits.
16 Section 62A-9-118, Deduction of income and resources -- Exemptions.
17 Section 62A-9-119, Aid to families with Dependent Children -- Overspend authority
18 for public assistance and medical benefits.
19 Section 62A-9-123, Cooperation -- Medical care.
20 Section 62A-9-125, Examination of assistance payroll by taxpayer -- Policies --
21 Confidentiality -- Violation -- Exemptions.
22 Section 62A-9-137, AFDC work or training proposal.
23 Section 68. Removal of sections from Utah Code that never became effective.
24 Sections 62A-108.5, 62A-9-201, 62A-9-202, 62A-9-203, 62A-9-204, 62A-9-205,
25 62A-9-206, 62A-9-207, 62A-9-208, 62A-9-209, 62A-9-210, 62A-9-211, 62A-9-212, and
26 62A-9-213 contained in Chapter 147, Laws of Utah 1996, never received a federal waiver or state
27 plan approval. Consequently, those sections shall never go into effect and shall be removed from
28 the Utah Code database.
29 Section 69. Effective date.
30 This act takes effect on July 1, 1997.
Legislative Review Note
as of 1-22-97 12:35 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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