63J-5-102. Definitions.
(1) As used in this chapter:
(a) (i) "Agency" means a department, division, committee, commission, council, court, or
other administrative subunit of the state.
(ii) "Agency" includes executive branch entities and judicial branch entities.
(iii) "Agency" does not mean higher education institutions or political subdivisions.
(b) (i) "Federal funds" means cash or other monies received from the United States
government or from other individuals or entities for or on behalf of the United States and
deposited with the state treasurer or any agency of the state.
(ii) "Federal funds" includes federal assistance and federal assistance programs, however
described.
(iii) "Federal funds" does not include monies received from the United States
government to reimburse the state for monies expended by the state.
(c) "Federal funds reauthorization" means the formal submission from an agency to the
federal government:
(i) applying for or seeking reauthorization of federal funds; or
(ii) applying for or seeking reauthorization to participate in a federal program that will
result in federal funds being transferred to an agency.
(d) "Federal funds request summary" means a document detailing:
(i) the amount of money that is being requested or is available to be received by the state
from the federal government for each federal funds reauthorization or new federal funds request;
(ii) those federal funds reauthorizations and new federal funds requests that are included
as part of the agency's proposed budget for the fiscal year, and the amount of those requests;
(iii) the amount of new state monies, if any, that will be required to receive the federal
funds or participate in the federal program;
(iv) the number of additional permanent full-time employees, additional permanent
part-time employees, or combination of additional permanent full-time employees and additional
permanent part-time employees, if any, that the state estimates are needed in order to receive the
federal funds or participate in the federal program; and
(v) any requirements that the state must meet as a condition for receiving the federal
funds or participating in the federal program.
(e) "Federal maintenance of effort requirements" means any matching, level of effort, or
earmarking requirements, as defined in Office of Management and Budget Circular A-133,
Compliance Requirement G, that are imposed on an agency as a condition of receiving federal
funds.
(f) "New federal funds" means:
(i) federal assistance or other federal funds that are available from the federal
government and that the state is not currently receiving;
(ii) a federal assistance program or other federal program in which the state is not
currently participating;
(iii) each federal funds reauthorization that would require the state, as a condition for
receiving the federal funds, to:
(A) add additional permanent full-time employees, permanent part-time employees, or
combination of additional permanent full-time employees and permanent part-time employees;
(B) increase the amount of state matching funds required to receive the federal funds or
participate in the federal program; or
(C) comply with new requirements in order to receive the federal funds or participate in
the federal program.
(g) "New federal funds request" means the formal submission from an agency to the
federal government:
(i) applying for or otherwise seeking to obtain new federal funds;
(ii) applying for or seeking to participate in a new federal program that will result in
federal funds being transferred to an agency.
(h) (i) "New state monies" means monies, whether specifically appropriated by the
legislature or not, that the federal government requires Utah to expend as a condition for
receiving the federal funds or participating in the federal program.
(ii) "New state monies" includes monies expended to meet federal maintenance of effort
requirements.
(i) "Pass-through federal funds" means federal funds provided to an agency that are
distributed to local governments or private entities without being used by the agency.
(j) "State" means the state of Utah and all of its agencies, and any administrative subunits
of those agencies.
(2) When this chapter describes an employee as a "permanent full-time employee" or a
"permanent part-time employee," it is not intended to, and may not be construed to, affect the
employee's status as an at-will employee.
Renumbered and Amended by Chapter 382, 2008 General Session
Download Code Section Zipped WordPerfect 63J05_010200.ZIP 3,498 Bytes