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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 269 Enrolled

    

FAMILY EMPLOYMENT PROGRAM

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Lloyd W. Frandsen

    AN ACT RELATING TO WORKFORCE SERVICES; TRANSFERRING THE DUTIES AND
    POWERS RELATED TO PUBLIC ASSISTANCE FROM THE OFFICE OF FAMILY
    SUPPORT WITHIN THE DEPARTMENT OF HUMAN SERVICES TO THE DIVISION
    OF EMPLOYMENT DEVELOPMENT WITHIN THE DEPARTMENT OF
    WORKFORCE SERVICES; ESTABLISHING THE FAMILY EMPLOYMENT
    PROGRAM; PROVIDING ELIGIBILITY AND PROGRAM REQUIREMENTS;
    SPECIFYING PROGRAMS THAT MAY BE EXCLUDED FROM THE STATE PLAN;
    ELIMINATING THE REQUIREMENT THAT AN ADOPTIVE PARENT REPAY THE
    STATE FOR CASH ASSISTANCE PROVIDED TO A BIRTH MOTHER; MAKING
    TECHNICAL CHANGES AND CONFORMING AMENDMENTS; REPEALING CODE
    SECTIONS RELATED TO THE OFFICE OF FAMILY SUPPORT; REMOVING
    SECTIONS FROM UTAH CODE; AND PROVIDING AN EFFECTIVE DATE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         23-19-36, as last amended by Chapter 20, Laws of Utah 1995
         26-18-8, as last amended by Chapters 1 and 21, Laws of Utah 1988
         30-3-10.2, as last amended by Chapter 112, Laws of Utah 1990
         35A-1-102 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         35A-2-202 (Effective 07/01/97), as enacted by Chapter 240, Laws of Utah 1996
         53A-12-204, as enacted by Chapter 2, Laws of Utah 1988
         54-8b-10, as last amended by Chapter 292, Laws of Utah 1994
         62A-11-103, as last amended by Chapter 62, Laws of Utah 1989
         62A-11-110, as enacted by Chapter 1, Laws of Utah 1988
         62A-11-202, as last amended by Chapter 122, Laws of Utah 1994
         62A-11-203, as last amended by Chapter 122, Laws of Utah 1994


         62A-11-204.1, as last amended by Chapter 122, Laws of Utah 1994
         62A-11-209, as enacted by Chapter 1, Laws of Utah 1988
         62A-11-307.1, as enacted by Chapter 62, Laws of Utah 1989
         62A-11-307.2, as last amended by Chapter 140, Laws of Utah 1994
         76-7-305.5, as last amended by Chapter 5, Laws of Utah 1996, Second Special Session
         76-8-1201, as enacted by Chapter 122, Laws of Utah 1994
         76-8-1202, as enacted by Chapter 122, Laws of Utah 1994
         76-8-1203, as enacted by Chapter 122, Laws of Utah 1994
         76-8-1204, as enacted by Chapter 122, Laws of Utah 1994
         76-8-1205, as enacted by Chapter 122, Laws of Utah 1994
         76-10-1602, as last amended by Chapters 122 and 149, Laws of Utah 1994
         78-30-15.5, as last amended by Chapter 185, Laws of Utah 1996
         78-45-7.5, as last amended by Chapter 171, Laws of Utah 1996
         78-45-7.11, as last amended by Chapter 118, Laws of Utah 1994
    ENACTS:
         35A-1-107, Utah Code Annotated 1953
         35A-8-102, Utah Code Annotated 1953
         35A-8-301, Utah Code Annotated 1953
         35A-8-302, Utah Code Annotated 1953
         35A-8-303, Utah Code Annotated 1953
         35A-8-304, Utah Code Annotated 1953
         35A-8-305, Utah Code Annotated 1953
         35A-8-306, Utah Code Annotated 1953
         35A-8-307, Utah Code Annotated 1953
         35A-8-310, Utah Code Annotated 1953
         35A-8-311, Utah Code Annotated 1953
         35A-8-312, Utah Code Annotated 1953
         35A-8-313, Utah Code Annotated 1953

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         35A-8-314, Utah Code Annotated 1953
         35A-8-315, Utah Code Annotated 1953
         62A-1-117, Utah Code Annotated 1953
    RENUMBERS AND AMENDS:
         35A-1-501, (Renumbered from 62A-9-126, as last amended by Chapter 122, Laws of Utah
    1994)
         35A-1-502, (Renumbered from 62A-9-129, as repealed and reenacted by Chapter 122, Laws
    of Utah 1994)
         35A-1-503, (Renumbered from 62A-9-131, as last amended by Chapter 122, Laws of Utah
    1994)
         35A-8-103, (Renumbered from 62A-9-105, as last amended by Chapter 316, Laws of Utah
    1996)
         35A-8-104, (Renumbered from 62A-9-108, as last amended by Chapter 242, Laws of Utah
    1988)
         35A-8-105, (Renumbered from 62A-9-110, as enacted by Chapter 1, Laws of Utah 1988)
         35A-8-106, (Renumbered from 62A-9-115, as enacted by Chapter 1, Laws of Utah 1988)
         35A-8-107, (Renumbered from 62A-9-116, as enacted by Chapter 1, Laws of Utah 1988)
         35A-8-108, (Renumbered from 62A-9-121, as last amended by Chapter 258, Laws of Utah
    1995)
         35A-8-109, (Renumbered from 62A-9-122, as enacted by Chapter 1, Laws of Utah 1988)
         35A-8-110, (Renumbered from 62A-9-132, as last amended by Chapter 242, Laws of Utah
    1988)
         35A-8-111, (Renumbered from 62A-9-133, as enacted by Chapter 1, Laws of Utah 1988)
         35A-8-112, (Renumbered from 62A-9-135, as enacted by Chapter 1, Laws of Utah 1988)
         35A-8-113, (Renumbered from 62A-9-136, as enacted by Chapter 1, Laws of Utah 1988)
         35A-8-308, (Renumbered from 62A-9-138, as enacted by Chapter 185, Laws of Utah 1996)
         35A-8-309, (Renumbered from 62A-9-139, as enacted by Chapter 316, Laws of Utah 1996)
         35A-8-401, (Renumbered from 62A-9-114, as last amended by Chapter 147, Laws of Utah

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    1994)
         35A-8-402, (Renumbered from 62A-9-120, as last amended by Chapter 242, Laws of Utah
    1988)
         35A-8-501, (Renumbered from 62A-9-301, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-502, (Renumbered from 62A-9-302, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-503, (Renumbered from 62A-9-303, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-504, (Renumbered from 62A-9-304, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-505, (Renumbered from 62A-9-305, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-506, (Renumbered from 62A-9-306, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-507, (Renumbered from 62A-9-308, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-508, (Renumbered from 62A-9-309, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-509, (Renumbered from 62A-9-310, as enacted by Chapter 148, Laws of Utah 1996)
         35A-8-510, (Renumbered from 62A-9-311, as enacted by Chapter 148, Laws of Utah 1996)
    REPEALS:
         62A-9-101, as last amended by Chapter 12, Laws of Utah 1994
         62A-9-102, as last amended by Chapter 30, Laws of Utah 1992
         62A-9-104, as last amended by Chapter 183, Laws of Utah 1990
         62A-9-106, as last amended by Chapter 104, Laws of Utah 1992
         62A-9-107, as enacted by Chapter 1, Laws of Utah 1988
         62A-9-109, as enacted by Chapter 1, Laws of Utah 1988
         62A-9-117, as enacted by Chapter 1, Laws of Utah 1988
         62A-9-118, as last amended by Chapter 242, Laws of Utah 1988
         62A-9-119, as last amended by Chapter 242, Laws of Utah 1988
         62A-9-123, as enacted by Chapter 1, Laws of Utah 1988
         62A-9-125, as enacted by Chapter 1, Laws of Utah 1988
         62A-9-137, as enacted by Chapter 114, Laws of Utah 1992
         62A-9-307, as enacted by Chapter 148, Laws of Utah 1996
    This act enacts uncodified material.

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    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 23-19-36 is amended to read:
         23-19-36. Disabled, mentally retarded, and terminally ill persons -- License to fish --
     Fees.
        (1) A resident who is blind, paraplegic, or otherwise permanently disabled so as to be
    permanently confined to a wheelchair or the use of crutches, or who has lost either or both lower
    extremities, may receive a license to fish upon:
        (a) furnishing satisfactory proof of this fact to the Division of Wildlife Resources; and
        (b) payment of a fee of 50 cents.
        (2) A resident who is a mentally retarded person and is not eligible under Section 23-19-14
    to fish without a license may receive a license to fish upon:
        (a) furnishing verification of mental retardation, as defined in Section 62A-5-101, from a
    physician; and
        (b) payment of a fee of $5.
        (3) A resident who is terminally ill, and has less than five years to live, may receive a free
    license to fish:
        (a) upon furnishing verification from a physician; and
        (b) if he qualifies for assistance under any low income public assistance program
    administered by [the Department of Human Services] a state agency.
        Section 2. Section 26-18-8 is amended to read:
         26-18-8. Enforcement of public assistance statutes -- Contract with Office of Recovery
     Services.
        (1) The department shall enforce or contract for the enforcement of [the provisions of]
    Sections [62A-9-121, 62A-9-129, 62A-9-131 through 62A-9-133, and 62A-9-135] 35A-1-502,
    35A-1-503, 35A-8-108, 35A-8-110, 35A-8-111, and 35A-8-112 insofar as these sections pertain to
    benefits conferred or administered by the division under this chapter.
        (2) The department may contract for services covered in Title 62A, Chapter 11, Part 1,
    Office of Recovery Services, insofar as that chapter pertains to benefits conferred or administered

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    by the division under this chapter.
        Section 3. Section 30-3-10.2 is amended to read:
         30-3-10.2. Joint legal custody order -- Factors for court determination -- Public
     assistance.
        (1) The court may order joint legal custody if it determines that joint legal custody is in the
    best interest of the child and:
        (a) both parents agree to an order of joint legal custody; or
        (b) both parents appear capable of implementing joint legal custody.
        (2) In determining whether the best interest of a child will be served by ordering joint legal
    custody, the court shall consider the following factors:
        (a) whether the physical, psychological, and emotional needs and development of the child
    will benefit from joint legal custody;
        (b) the ability of the parents to give first priority to the welfare of the child and reach shared
    decisions in the child's best interest;
        (c) whether each parent is capable of encouraging and accepting a positive relationship
    between the child and the other parent;
        (d) whether both parents participated in raising the child before the divorce;
        (e) the geographical proximity of the homes of the parents;
        (f) the preference of the child if the child is of sufficient age and capacity to reason so as to
    form an intelligent preference as to joint legal custody;
        (g) the maturity of the parents and their willingness and ability to protect the child from
    conflict that may arise between the parents; and
        (h) any other factors the court finds relevant.
        (3) The determination of the best interest of the child shall be by a preponderance of the
    evidence.
        (4) The court shall inform both parties that:
        (a) an order for joint legal custody may preclude eligibility for [public] cash assistance [in
    the form of aid to families with dependent children,] provided under Title 35A, Chapter 8,

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    Employment Support Act; and [that]
        (b) if [public] cash assistance is required for the support of children of the parties at any time
    subsequent to an order of joint legal custody, the order may be terminated under Section 30-3-10.4.
        (5) The court may order that where possible the parties attempt to settle future disputes by
    a dispute resolution method before seeking enforcement or modification of the terms and conditions
    of the order of joint legal custody through litigation, except in emergency situations requiring ex
    parte orders to protect the child.
        Section 4. Section 35A-1-102 (Effective 07/01/97) is amended to read:
         35A-1-102 (Effective 07/01/97). Definitions.
        Unless otherwise specified, as used in this title:
        (1) "Client" means an individual who the department has determined to be eligible for
    services or benefits under:
        (a) [Chapter 4, Employment Security Act] Section 35A-4-504;
        (b) Chapter 8, [Services and] Employment Support Act; and
        (c) Chapter 9, Training, Reemployment, and Workforce Improvement.
        (2) "Consortium of counties" means an organization of the counties within a regional
    workforce services area designated under Subsection 35A-1-401(3) in which all of the county
    commissions jointly comply with this title in working with the executive director of the department
    regarding regional workforce services areas.
        (3) "Department" means the Department of Workforce Services created in Section
    35A-1-103.
        (4) "Employment advisor" means an individual responsible for developing an employment
    plan and coordinating the services and benefits under this title in accordance with Chapter 2,
    Regional Workforce Services Areas.
        (5) "Employment assistance" means services or benefits provided by the department under:
        (a) Section 35A-4-504;
        (b) Chapter 8, Employment Support Act; and
        (c) Chapter 9, Training, Reemployment, and Workforce Improvement.

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        [(5)] (6) "Employment [assistance] center" is a location in a regional workforce services area
    where the services provided by a regional workforce services area under Section 35A-2-201 may be
    accessed by a client.
        (7) "Employment plan" means a written agreement between the department and a client that
    describes:
        (a) the relationship between the department and the client;
        (b) the obligations of the department and the client; and
        (c) the result if an obligation is not fulfilled by the department or the client.
        [(6)] (8) "Executive director" means the executive director of the department appointed
    under Section 35A-1-201.
        (9) "Public assistance" means:
        (a) services or benefits provided under Chapter 8, Employment Support Act;
        (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
        (c) foster care maintenance payments provided with the General Fund or under Title IV-E
    of the Social Security Act;
        (d) food stamps; and
        (e) any other public funds expended for the benefit of a person in need of financial, medical,
    food, housing, or related assistance.
        [(7)] (10) "Regional workforce services area" means a regional workforce services area
    established by the executive director in accordance with Chapter 2, Regional Workforce Services
    Areas.
        Section 5. Section 35A-1-107 is enacted to read:
         35A-1-107. Contract with Office of Recovery Services.
        The department shall contract with the Office of Recovery Services within the Department
    of Human Services for collection of:
        (1) overpayments under Title 62A, Chapter 11, Part 2, Administrative Determination of
    Overpayments Act; and
        (2) child support assigned under Section 35A-8-108.

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        Section 6. Section 35A-1-501, which is renumbered from Section 62A-9-126 is renumbered
    and amended to read:
    
Part 5. Assistance Fraud

         [62A-9-126].     35A-1-501. Legal representation of department.
        At the request of the [office] department, it is the duty of the county attorney or district
    attorney, as appropriate under Sections 17-18-1, 17-18-1.5, and 17-18-1.7, and the attorney general
    to represent the [office] department in any legal action taken under [this chapter] Chapter 8,
    Employment Support Act, or under Title 76, Chapter 8, Part 12, Public Assistance Fraud.
        Section 7. Section 35A-1-502, which is renumbered from Section 62A-9-129 is renumbered
    and amended to read:
         [62A-9-129].     35A-1-502. Civil liability for overpayment.
        (1) As used in this section:
        (a) "Intentionally, knowingly, and recklessly" mean the same as those terms are defined in
    Section 76-2-103.
        (b) (i) "Overpayment" means money, public assistance, [medical or other benefit, food
    stamp,] or any other thing of value provided under a state or federally funded [entitlement] benefit
    program to the extent that the person receiving the thing of value is not entitled to receive it[,] or is
    not entitled to receive it at the level provided.
        (ii) "Overpayment" includes money paid to a provider under [this chapter;] this title in
    connection with public assistance; Title 62A, Chapter 11, Part 3, Public Support of Children[, of this
    title]; Title 78, Chapter 45, Uniform Civil Liability for Support Act; Title 78, Chapter 45a, Uniform
    Act on Paternity; or any other publicly funded [entitlement] assistance benefit program to the extent
    that the provider receives payment:
        (A) for goods or services not provided; or [payment]
        (B) in excess of the amount to which the provider is entitled.
        (c) "Provider" means the same as that term is defined in Section 62A-11-103.
        (2) Each provider, [recipient] client, or other person who receives an overpayment shall,
    regardless of fault, return the overpayment or repay its value to the department immediately:

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        (a) upon receiving written notice of the overpayment from the department; or
        (b) upon discovering the overpayment, if that occurs prior to receiving notice.
        (3) (a) Except as provided under Subsection (3)(b), interest on the unreturned balance of the
    overpayment [accrues] shall accrue at the rate of 10% a year until an administrative or judicial
    judgment is entered.
        (b) If the overpayment was not the fault of the person receiving it, that person is not liable
    for interest on the unreturned balance.
        (c) In accordance with rules adopted by the department, an overpayment may be recovered
    through deductions from cash assistance, general assistance, food stamps, or other cash-related
    assistance provided to a client under Chapter 8, Employment Support Act.
        (4) Each person who knowingly assists a [recipient] client, provider, or other person in
    obtaining an overpayment is jointly and severally liable for the overpayment.
        (5) (a) In proving liability for overpayment under this section or Subsection
    62A-11-204.1(2)(a)(i) when fault is alleged, the department shall prove by clear and convincing
    evidence that the overpayment was obtained intentionally, knowingly, recklessly, by false statement,
    misrepresentation, impersonation, or other fraudulent means, such as by committing any of the acts
    or omissions described in Sections 76-8-1203 through 76-8-1205. [A]
        (b) If fault is established under Subsection (5)(a), any person who obtained or helped another
    obtain an overpayment shall be subject to:
        (i) a civil penalty of 10% of the amount of the overpayment [shall be imposed on each
    person who obtained or helped another obtain an overpayment by any of these means.]; and
        (ii) disqualification from receiving public assistance for 12 months for the first offense, 24
    months for the second offense, and permanently for the third offense or as otherwise provided by
    federal law.
        (6) (a) If an action is filed, the department may recover, in addition to the principal sum plus
    interest, reasonable attorneys' fees and costs unless the repayment obligation arose from an
    administrative error by the division.
        (b) Upon receipt, the department shall forward attorneys' fees recovered under Subsection

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    (6)(a) to the attorney general's office or the county attorney's office that litigated the matter.
        (7) If a court finds that funds or benefits were secured, in whole or part, by fraud by the
    person from whom repayment is sought, the court shall assess an additional sum as considered
    appropriate as punitive damages up to the amount of repayment being sought.
        Section 8. Section 35A-1-503, which is renumbered from Section 62A-9-131 is renumbered
    and amended to read:
         [62A-9-131].     35A-1-503. Evidence in legal actions.
        In any civil action pursuant to this [chapter] part:
        (1) A [paid state warrant] fund transfer or payment instrument made to the order of a party
    shall constitute prima facie evidence that such party received [financial] cash assistance under
    Chapter 8, Employment Support Act. from the state.
        (2) In any civil or criminal action pursuant to this [chapter] part, all of the records in the
    custody of the department relating to the application for, verification of, issuance of, receipt of, and
    use of public assistance shall constitute business records within the meaning of the exceptions to the
    hearsay rule of evidence.
        (3) (a) A conviction or a guilty plea on a misdemeanor or felony charge of public assistance
    fraud is admissible in a civil action brought under this part.
        (b) Subsection (3)(a) may not be construed to limit the right to use a conviction or guilty plea
    in any manner permitted by law or court rule.
        [(3)] (4) In any civil or criminal action pursuant to this [chapter] part, the value of the
    benefits received shall be based on the ordinary or usual charge for similar benefits in the private
    sector.
        Section 9. Section 35A-2-202 (Effective 07/01/97) is amended to read:
         35A-2-202 (Effective 07/01/97). Single employment advisor -- Specialization --
     Employment plan.
        (1) At each employment [assistance] center of a regional workforce services area established
    under Section 35A-2-101 there shall be employed one or more employment advisors.
        (2) A client shall be assigned one employment advisor[, except that the department may

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    provide services in an expedited manner to a client who needs only limited services under this title
    without the assignment of an employment advisor.] unless a client:
        (a) needs only limited services under this title for which expedited procedures are
    appropriate; or
        (b) receives diversion assistance under Section 35A-8-303.
        (3) An employment advisor shall:
        (a) develop an employment plan jointly with the client; and
        (b) coordinate any services provided, brokered, or contracted for by the department to that
    client.
        (4) The employment advisor assigned to a client may be selected because of the employment
    advisor's experience or knowledge in the benefits or services available under the title that best meet
    the specific needs of the client and skills in working with groups of clients to develop plans leading
    to self-sufficiency.
        (5) (a) An employment advisor shall be:
        (i) trained in the requirements of and benefits or services provided in:
        [(i)] (A) Chapter 4, Employment Security Act;
        [(ii)] (B) Chapter 8, [Services and] Employment Support Act; and
        [(iii)] (C) Chapter 9, Training, Reemployment, and Workforce Improvement[.];
        (ii) capable of:
        (A) conducting an effective assessment;
        (B) negotiating an employment plan; and
        (C) providing the necessary encouragement and support to a client; and
        (iii) knowledgeable of:
        (A) department policies;
        (B) relevant law;
        (C) current labor market conditions;
        (D) education and training programs for adults; and
        (E) services and supports available in the community.

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        (b) At the discretion of the director of a regional workforce services area, an employment
    advisor may receive special training in the requirements of or providing services under the chapters
    listed in Subsection (5)(a)(i).
        (6) (a) A client employment plan may include:
        (i) services and support necessary for stabilization;
        (ii) assessment and training; and
        (iii) placement.
        (b) The client employment plan shall consider the job opportunities available to the client
    based on the job market.
        (c) The client employment plan shall include outcome-based measures as defined by the
    state and regional councils on workforce development.
        (7) If a client seeks cash assistance under Chapter 8, Employment Support Act, the
    assignment of an employment advisor and the creation and implementation of an employment plan
    shall be consistent with Section 35A-8-304.
        Section 10. Section 35A-8-102 is enacted to read:
         35A-8-102. Definitions.
        As used in this chapter:
        (1) "Applicant" means a person who requests assistance under this chapter.
        (2) "Average monthly number of families" means the average number of families who
    received cash assistance on a monthly basis during the previous federal fiscal year, starting from
    October 1, 1998 to September 30, 1999, and continuing each year thereafter.
        (3) "Cash assistance" means a monthly dollar amount of cash a client is eligible to receive
    under Section 35A-8-302.
        (4) "Child care services" means care of a child for a portion of the day that is less than 24
    hours in a qualified setting, as defined by rule, by a responsible person who is not the child's parent
    or legal guardian.
        (5) "Date of enrollment" means the date on which the applicant was approved as eligible for
    cash assistance.

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        (6) "Director" means the director of the division.
        (7) "Diversion" means a single payment of cash assistance under Section 35A-8-303 to a
    client who is eligible for but does not require extended cash assistance under Part 3, Family
    Employment Program.
        (8) "Division" means the Division of Employment Development.
        (9) "Education or training" means:
        (a) basic remedial education;
        (b) adult education;
        (c) high school education;
        (d) education to obtain the equivalent of a high school diploma;
        (e) education to learn English as a second language;
        (f) applied technology training;
        (e) employment skills training; or
        (f) on-the-job training.
        (10) "Full-time education or training" means training on a full-time basis as defined by the
    educational institution attended by the parent client.
        (11) "General assistance" means financial assistance provided to a person who is not
    otherwise eligible for cash assistance under Part 3, Family Employment Program, because that
    person does not live in a family with a related dependent child.
        (12) "Office of Recovery Services" means the state's Title IV-D child support enforcement
    agency organized within the Department of Human Services.
        (13) "Plan" or "state plan" means the state plan submitted to the Secretary of the United
    States Department of Health and Human Services to receive funding from the United States through
    the Temporary Assistance for Needy Families Block Grant.
        (14) "Parent client" means a person who enters into an employment plan with the division
    to qualify for cash assistance under Part 3, Family Employment Program.
        (15) "Single minor parent" means a person under 18 years of age who is not married and has
    a minor child in his care and custody.

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        Section 11. Section 35A-8-103, which is renumbered from Section 62A-9-105 is renumbered
    and amended to read:
         [62A-9-105].     35A-8-103. Division responsibilities.
        The [office] division shall:
        (1) administer [self-sufficiency] public assistance programs assigned by the Legislature and
    the governor;
        (2) determine eligibility in accordance with the requirements of this chapter for public
    assistance programs assigned to it by the Legislature or the governor [including, but not limited to,
    financial assistance, food stamps, and medical benefits];
        [(3) administer all public assistance programs assigned to it by the Legislature or the
    governor;]
        [(4) supervise family support staff in local offices of the department;]
        [(5)] (3) cooperate with the federal government in the administration of public assistance
    programs;
        [(6)] (4) provide for the compilation of necessary or desirable information, statistics, and
    reports;
        [(7) prepare and submit to the department, the governor, and the Legislature reports of the
    operation and administration of the office, as required;]
        [(8)] (5) perform any other duties and functions required by law;
        [(9)] (6) monitor the application of eligibility policy;
        [(10)] (7) develop personnel training programs for more effective and efficient operation of
    all programs under the administration of the [office] division;
        [(11)] (8) provide refugee resettlement services;
        [(12) provide educational and employment services;]
        [(13)] (9) provide [day] child care [services] assistance for children; and
        [(14)] (10) provide services and support that enable clients to qualify for affordable housing
    in cooperation with:
        (a) the Utah Housing Finance Agency[,];

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        (b) the Division of Community Development within the Department of Community and
    Economic Development[,]; and
        (c) local housing authorities[, provide services and supports that enable recipients to qualify
    for affordable housing].
        Section 12. Section 35A-8-104, which is renumbered from Section 62A-9-108 is renumbered
    and amended to read:
         [62A-9-108].     35A-8-104. Contracts for administration and provision of public
     assistance.
        The [office] division, in consultation with the department, may contract with other public or
    private agencies to assist in the administration and provision of public assistance. [Contracts shall
    provide that other state agencies transfer matching funds to the office in amounts sufficient to satisfy
    needs of the specified program.]
        Section 13. Section 35A-8-105, which is renumbered from Section 62A-9-110 is renumbered
    and amended to read:
         [62A-9-110].     35A-8-105. Determination of eligibility and responsibility --
     Information from State Tax Commission.
        [To determine eligibility for public assistance and medical benefits, or to determine patient
    and relative responsibility for the payment for institutional care, or for any other administrative
    purpose consistent with the chapter, the office]
        (1) The division may have access to [any] relevant information contained in the income tax
    returns of [recipients and of persons who have a duty to support a recipient.] a client, applicant, or
    person who has a duty to support a client in determining:
        (a) eligibility for public assistance;
        (b) payment responsibilities for institutional care; or
        (c) any other administrative purpose consistent with this chapter.
        (2) The information requested by the division shall be:
        (a) provided by the State Tax Commission on forms furnished by the [office,] division; and
    [shall be]

- 16 -


        (b) treated as [confidential] a private record under Title 63, Chapter 2, Government Records
    Access and Management Act, by the [office] division.
        Section 14. Section 35A-8-106, which is renumbered from Section 62A-9-115 is renumbered
    and amended to read:
         [62A-9-115].     35A-8-106. Residency requirements.
        To [qualify] be eligible for public assistance under this chapter, an applicant must be living
    in Utah voluntarily with the intention of making this state [his] the applicant's place of residence, and
    not for a temporary purpose.
        Section 15. Section 35A-8-107, which is renumbered from Section 62A-9-116 is renumbered
    and amended to read:
         [62A-9-116].     35A-8-107. Disclosure of income and property owned.
        Applicants and [recipients] clients shall execute forms provided by the [office] division
    describing all:
        (1) property owned[, all];
        (2) insurance owned by any [members] member of the immediate family[,]; and [all]
        (3) income available[, in accordance with federal law and regulation].
        Section 16. Section 35A-8-108, which is renumbered from Section 62A-9-121 is renumbered
    and amended to read:
         [62A-9-121].     35A-8-108. Assignment of support.
        (1) (a) The [department] division shall obtain an assignment of support from each applicant
    or [recipient] client regardless of whether the payment is court ordered.
        (b) Any right to support from any other person that has accrued at the time the assignment
    is executed or, if none is executed, at the time of application for assistance, passes to the
    [department] division upon the receipt of assistance, even if the [recipient] client has not executed
    and delivered an assignment to the [department] division.
        (c) The right to support described in Subsection (1)(b) includes a right to support in the
    applicant's or [recipient's] client's own behalf or in behalf of any family member for whom the
    applicant or [recipient] client is applying for or receiving assistance.

- 17 -


        [(d) (i) An assignment of support is presumed when a child is residing outside of his home
    in the protective custody, temporary custody, custody, or care of the state for at least 30 days.]
        [(ii) By operation of law, the department has the right to receive the support a parent receives
    for the child in the state's care and custody as described in Subsection (i).]
        [(iii) The Office of Recovery Services is the payee for the department under Subsection (ii).]
        (2) An assignment of support or a passing of rights [by operation of law] under Subsection
    (1)(b) includes payments ordered, decreed, or adjudged by any court within this state, any other state,
    or territory of the United States and is not in lieu of, and shall not supersede or alter, any other court
    order, decree, or judgment.
        (3) When an assignment is executed or the right to support passes to the department [by
    operation of law] under Subsection (1)(b), the applicant or [recipient] client is [entitled] eligible to
    regular monthly assistance and the support paid to the [department] division is a refund.
        (4) All sums refunded, except any amount which is required to be credited to the federal
    government, shall be [retained by the department for use in the administration of this section and for
    other authorized activities. Under this section authorized activity includes, but is not limited to, the
    use of refunded sums to obtain legal services where deemed necessary by the department, to enforce
    this section, Title 78, Chapters 45 and 45a, as well as any other statutes designated by the
    department] deposited into the General Fund.
        Section 17. Section 35A-8-109, which is renumbered from Section 62A-9-122 is renumbered
    and amended to read:
         [62A-9-122].     35A-8-109. Assistance provided to guardian or other caretaker
     -- Periodic review -- Assignment upon death of client.
        (1) When it appears necessary or advisable, public assistance may be paid to the legal
    guardian of an applicant or [recipient] client.
        (2) The [office] division may provide [financial] cash assistance under Part 3, Family
    Employment Program, on behalf of an eligible [recipient] client, to another individual interested in
    or concerned with the welfare of [that recipient] the client only when[,]:
        (a) by reason of the [recipient's] client's physical or mental condition, [he] the client is

- 18 -


    unable to manage funds [or];
        (b) when the provision of [financial] cash assistance directly to the [recipient] client would
    be contrary to [his] the client's welfare[,]; or
        (c) when the [office] division is so directed by federal requirements.
        (3) The [office] division shall undertake or contract with other state agencies to make special
    efforts to protect the welfare of [recipients] clients and improve their capacity for self-care. Periodic
    review of a [recipient's] client's condition is required. When conditions change, [financial] cash
    assistance that is provided to an individual other than the [recipient] client shall be discontinued or,
    when advisable, a legal guardian shall be appointed, whichever action best serves the interests and
    welfare of the [recipient] client.
        [(4) If a recipient dies after an assistance check is authorized or issued and before it is
    presented for payment, the office may assign and endorse that check to any designated person.]
        Section 18. Section 35A-8-110, which is renumbered from Section 62A-9-132 is renumbered
    and amended to read:
         [62A-9-132].     35A-8-110. Third party obligation -- Interest.
        Whenever the [department] division expends public assistance on behalf of a [recipient]
    client for services or supplies, for which another person is obligated to reimburse the [department]
    division, that other person shall make such reimbursement within 60 days of notification by the
    [department] division. If reimbursement is not made within that period, and no extension of time
    is granted by the [department] division, interest shall accrue on the unpaid balance at the rate of 8%
    per annum.
        Section 19. Section 35A-8-111, which is renumbered from Section 62A-9-133 is renumbered
    and amended to read:
         [62A-9-133].     35A-8-111. Collection -- Office of recovery services.
        (1) The [office] division, through the Office of Recovery Services [within the department]
    as provided in Section 35A-1-107, is responsible for [making collections of] collecting all funds
    due[,] or [to] that become due to the state under Section 62A-11-111.
        (2) Excess property liens required in the various programs not transferred to the federal

- 19 -


    government shall remain a condition of eligibility in public assistance programs.
        Section 20. Section 35A-8-112, which is renumbered from Section 62A-9-135 is renumbered
    and amended to read:
         [62A-9-135].     35A-8-112. Assistance not assignable -- Exemption from
     execution, garnishment, bankruptcy, or insolvency proceedings.
        Public assistance provided under this chapter is not assignable, at law or in equity, and none
    of the money paid or payable under this chapter is subject to execution, levy, attachment,
    garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
        Section 21. Section 35A-8-113, which is renumbered from Section 62A-9-136 is renumbered
    and amended to read:
         [62A-9-136].     35A-8-113. Prohibition of charges or fees for representing
     applicants.
        [No] A person may not make any charge or receive any fee for representing an applicant or
    [recipient] client in any proceeding under this chapter, except criminal proceedings, or with respect
    to any application, whether the fee or charge is to be paid by the applicant, [recipient] client, or any
    other person, if that fee is in excess of an amount determined by the court or body before whom an
    applicant or [recipient] client has been represented.
        Section 22. Section 35A-8-301 is enacted to read:
    
Part 3. Family Employment Program

         35A-8-301. Purpose -- Legislative intent.
        (1) The Legislature finds that:
        (a) it is in the public interest to fundamentally alter the state's cash assistance program for
    needy families with children;
        (b) employment improves the quality of life for parents, children, and individuals by
    increasing family income, developing job skills, and improving self-esteem; and
        (c) the purpose of the cash assistance provided under this part is to assist a parent client to
    obtain employment that is sufficient to sustain a family, to ensure the dignity of those receiving
    assistance, and to strengthen families.

- 20 -


        (2) The Legislature recognizes that even with assistance, some clients may be unable to
    attain complete self-sufficiency.
        Section 23. Section 35A-8-302 is enacted to read:
         35A-8-302. Eligibility requirements.
        (1) The program of cash assistance provided under this part is known as the Family
    Employment Program.
        (2) (a) The division shall submit a state plan to the Secretary of the United States
    Department of Health and Human Services to obtain federal funding under the Temporary
    Assistance for Needy Families Block Grant.
        (b) The provisions of the state plan submitted under Subsection (2)(a) shall be consistent
    with this part and federal law.
        (c) If a discrepancy arises between a provision of the state plan and this part, this part
    supersedes the provision in the state plan.
        (3) The services and supports under this part are for both one-parent and two-parent families.
        (4) To be eligible for cash assistance under this part, a family shall:
        (a) have at least one minor dependent child; or
        (b) have a parent who is in the third trimester of a pregnancy.
        (5) (a) In an appropriations act, the Legislature shall determine annually the maximum
    monthly dollar amount of cash assistance for families based on family size.
        (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
    department shall establish rules for eligibility and the amount of cash assistance a family is eligible
    to receive under this part, which shall be based on:
        (i) family size;
        (ii) family income;
        (iii) the maximum monthly income established under Subsection (5)(a); and
        (iv) other relevant factors.
        (6) When determining the dollar amount of cash assistance to be provided under this chapter,
    the division shall disregard from earned income:

- 21 -


        (a) $100; and
        (b) 50% of the remaining monthly income.
        (7) Once eligibility has been established, the division shall disregard money on deposit in
    an Individual Development Account established under Section 35A-8-312 when determining
    subsequent eligibility.
        (8) The department shall provide for an appeal of a determination of eligibility in accordance
    with Title 63, Chapter 46b, Administrative Procedures Act.
        Section 24. Section 35A-8-303 is enacted to read:
         35A-8-303. Diversion.
        (1) (a) When an applicant applies for cash assistance, the division shall assess whether the
    applicant should be diverted from receiving extended cash assistance. In completing the
    assessment, the division shall consider the following:
        (i) the applicant's employment history;
        (ii) the likelihood of the applicant obtaining immediate full-time employment;
        (iii) the applicant's general prospect for obtaining full-time employment;
        (iv) the applicant's need for cash assistance to pay for housing or substantial and unforseen
    expenses or work-related expenses;
        (v) housing stability; and
        (vi) the adequacy of the applicant's child care arrangements, if applicable.
        (b) A finding by the division with regard to eligibility for diversion shall primarily consider
    whether, but for the diversion assistance received under this section, the applicant would receive
    extended cash assistance.
        (2) If the division determines that the applicant is eligible for diversion assistance and the
    applicant agrees with this determination, the division shall provide a single payment of cash
    assistance up to three times the maximum monthly amount of cash assistance that the applicant
    would be otherwise qualified to receive based on household size.
        (3) When diversion is not appropriate, an applicant may receive cash assistance as otherwise
    provided in this part.

- 22 -


        Section 25. Section 35A-8-304 is enacted to read:
         35A-8-304. Assessment -- Participation requirements and limitations -- Mentors.
        (1) (a) Within 20 business days of the date of enrollment, a parent client shall:
        (i) be assigned an employment advisor; and
        (ii) complete an assessment provided by the division regarding the parent client's family
    circumstances, education, work history, skills, and ability to become self-sufficient.
        (b) The assessment provided under Subsection (1) shall include a survey to be completed
    by the parent client with the assistance of the division.
        (2) (a) Within 15 business days of a parent client completing an assessment, the division and
    the parent client shall enter into an employment plan.
        (b) The employment plan shall contain a target date for entry into employment.
        (c) The division shall provide a copy of the employment plan to the parent client.
        (d) As to the parent client, the plan may include:
        (i) participation in the Workforce Reentry Program described in Section 35A-8-305;
        (ii) job searching requirements;
        (iii) participation in an educational program to obtain a high school diploma, or its
    equivalent, if the parent client does not have a high school diploma;
        (iv) education or training necessary to obtain employment;
        (v) a combination of work and education or training;
        (vi) assisting the Office of Recovery Services in good faith to:
        (A) establish the paternity of a minor child; and
        (B) establish or enforce a child support order; and
        (vii) participation in available treatment for drug dependency and progress toward
    overcoming that dependency if the parent client is a drug dependent person as defined in Section
    58-37-2.
        (e) As to the division, the plan may include:
        (i) providing cash and other types of public and employment assistance, including child care;
        (ii) assisting the parent client to obtain education or training necessary for employment;

- 23 -


        (iii) assisting the parent client to set up and follow a household budget; and
        (iv) assisting the parent client to obtain employment.
        (f) An employment plan may be amended to reflect new information or changed
    circumstances.
        (g) If immediate employment is an activity contained in the employment plan the parent
    client shall:
        (i) promptly commence a search for a specified number of hours each week for employment;
    and
        (ii) regularly submit a report to the division on:
        (A) how time was spent in search for a job;
        (B) the number of job applications completed;
        (C) the interviews attended;
        (D) the offers of employment extended; and
        (E) other related information required by the division.
        (h) If full-time education or training to secure employment is an activity contained in an
    employment plan, the parent client shall promptly undertake a full-time education or training
    program. The employment plan may describe courses, education or training goals, and classroom
    hours.
        (i) (i) As a condition of receiving cash assistance under this part, a parent client shall agree
    to make a good faith effort to comply with the employment plan.
        (ii) If a parent client consistently fails to show good faith in complying with the employment
    plan, the division may seek under Subsection (2)(i)(iii) to terminate all or part of the cash assistance
    services provided under this part.
        (iii) The division shall establish a process to reconcile disputes between a client and the
    division as to whether:
        (A) the parent client has made a good faith effort to comply with the employment plan; or
        (B) the division has complied with the employment plan.
        (3) (a) Except as provided in Subsection (3)(b), a parent client's participation in education

- 24 -


    or training beyond that required to obtain a high school diploma or its equivalent is limited to the
    lesser of:
        (i) 24 months; or
        (ii) the completion of the education and training requirements of the employment plan.
        (b) A parent client may participate in education or training for up to six months beyond the
    24-month limit of Subsection (3)(a) if:
        (i) the parent client is employed for 80 or more hours a month; and
        (ii) the extension is for good cause shown and approved by the director.
        (c) A parent client who receives an extension under Subsection (3)(b) remains subject to
    Subsection (4).
        (4) A parent client with a high school diploma or equivalent who has received 24 months
    of education or training shall participate in full-time work activities. The 24 months need not be
    continuous and the department may define "full-time work activities" by rule.
        (5) Beginning on July 1, 1998, as a condition for receiving cash assistance on behalf of a
    minor child under this part, the minor child shall be:
        (a) enrolled in and attending school in compliance with Section 53A-11-101; or
        (b) exempt from school attendance under Section 53A-11-102.
        (6) This section does not apply to a person who has received diversion assistance under
    Section 35A-8-303.
        (7) (a) The division shall recruit and train volunteers to serve as mentors for parent clients.
        (b) A mentor may advocate on behalf of a parent client and help a parent client:
        (i) develop life skills;
        (ii) implement an employment plan; or
        (iii) obtain services and supports from:
        (A) the volunteer mentor;
        (B) the division; or
        (C) civic organizations.
        Section 26. Section 35A-8-305 is enacted to read:

- 25 -


         35A-8-305. Workforce Reentry Program.
        (1) (a) The division shall establish a Workforce Reentry Program of not less than 32 hours
    of classroom instruction, and individual and group counseling.
        (b) The program shall:
        (i) be designed to increase self-sufficiency by helping a parent client:
        (A) effectively solve problems;
        (B) set goals;
        (C) manage stress;
        (D) strengthen critical relationships; and
        (E) increase self-esteem through assertiveness training, support groups, and education; and
        (ii) ensure that the individual needs of a parent client are met with respect to this program
    under the terms of the employment plan.
        (2) The division may, in accordance with Title 63, Chapter 56, Utah Procurement Code,
    contract with one or more qualified providers to operate the Workforce Reentry Program.
        Section 27. Section 35A-8-306 is enacted to read:
         35A-8-306. Limits on eligibility.
        (1) For purposes of this section, "battered or subjected to extreme cruelty" is defined in
    Section 408 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.
    L. No. 104-193.
        (2) Except as provided in Subsection (4), the division may not provide cash assistance to a
    family who has received cash assistance for 36 months or more.
        (3) (a) The division shall count toward the 36-month time limit in Subsection (2) any time
    after January 1, 1997, during which:
        (i) the parent client received cash assistance in this or another state; and
        (ii) if the parent client is disqualified from receiving cash assistance and the parent client's
    income and assets are counted in determining eligibility for the family in this or another state.
        (b) The division may not count toward the 36-month time limit in Subsection (2) or the
    24-month time period in Subsection (4) any time during which a person 18 years of age or older

- 26 -


    received cash assistance as a minor child and not as a parent.
        (4) (a) On a month-to-month basis for up to 24 months, the division may provide cash
    assistance to a family beyond the 36-month time limit in Subsection (2) if:
        (i) during the previous month, the parent client was employed for no less than 80 hours; and
        (ii) during at least six of the previous 24 months in which the family received cash
    assistance, the parent client was employed for no less than 80 hours a month.
        (b) For up to 20% of the average monthly number of families who receive cash assistance
    under this part, the division may provide cash assistance to a family beyond the 36-month time limit
    in Subsection (2):
        (i) by reason of a hardship; or
        (ii) if the family includes an individual who has been battered or subjected to extreme
    cruelty.
        (c) For up to 20% of the average monthly number of families who receive cash assistance
    under this part, the division may provide cash assistance to a family beyond the additional 24-month
    time period in Subsection (4)(a):
        (i) by reason of a hardship; or
        (ii) if the family includes an individual who has been battered or subjected to extreme
    cruelty.
        (d) Except as provided in Subsection (4)(c), the division may not provide cash assistance to
    a family who has received 60 months of cash assistance after October 1, 1996.
        Section 28. Section 35A-8-307 is enacted to read:
         35A-8-307. Cash assistance to a single minor parent.
        (1) The division may provide cash assistance to a single minor parent in accordance with this
    section.
        (2) A single minor parent who receives cash assistance under this part shall:
        (a) reside in a place of residence maintained by a parent, legal guardian, or other adult
    relative of the single minor parent, except as provided in Subsection (3);
        (b) participate in education for parenting and life skills;

- 27 -


        (c) participate in infant and child wellness programs operated by the Department of Health;
    and
        (d) for not less than 20 hours per week:
        (i) attend high school or an alternative to high school, if the single minor parent does not
    have a high school diploma;
        (ii) participate in education or training;
        (iii) participate in employment; or
        (iv) participate in a combination of employment and education or training.
        (3) (a) If the division determines that the requirements of Subsection (2)(a) are not
    appropriate for a single minor parent, the division may assist the single minor parent to obtain
    suitable living arrangements, including an adult-supervised living arrangement.
        (b) As a condition of receiving cash assistance, a single minor parent who is exempt from
    the requirements of Subsection (2)(a) shall reside in a living arrangement that is approved by the
    division.
        (c) The approval by the division of a living arrangement under Subsection (3)(b):
        (i) is a means of safeguarding the use of state and federal funds; and
        (ii) is not a certification or guarantee of the safety, quality, or condition of the living
    arrangements of the single minor parent.
        (4) (a) If a single minor parent resides with a parent, the division shall include the income
    of the parent of the single minor parent in determining the single minor parent's eligibility for
    services and supports under this part.
        (b) If a single minor parent receives services and supports under this chapter but does not
    reside with a parent, the division shall seek an order under Title 78, Chapter 45, Uniform Civil
    Liability for Support Act, requiring the parent of the single minor parent to financially support the
    single minor parent.
        (5) The requirements of this section shall be included in a single minor parent's employment
    plan under Section 35A-8-304.
        Section 29. Section 35A-8-308, which is renumbered from Section 62A-9-138 is renumbered

- 28 -


    and amended to read:
         [62A-9-138].     35A-8-308. Adoption services -- Printed information -- Supports
     provided.
        (1) The [department] division may provide [financial] assistance under this section to a
    [recipient] client who is pregnant and is not receiving cash assistance no sooner than the beginning
    of the third trimester of pregnancy. [The financial assistance provided under this subsection is
    provided under the state plan.]
        (2) For pregnant [recipients] clients, the [department] division shall:
        (a) refer the [recipient] client for appropriate prenatal medical care, including maternal health
    services provided under Title 26, Chapter 10, Family Health Services;
        (b) inform the [recipient] client of free counseling about adoption from licensed child
    placement agencies and licensed attorneys; and
        (c) offer the [recipient] client the adoption information packet described in Subsection (3).
        (3) The department shall publish an adoption information packet[, which] that shall:
        (a) be easy to understand;
        (b) contain geographically indexed materials on the public and private organizations that
    provide adoption assistance;
        (c) list the names, addresses, and telephone numbers of licensed child placement agencies
    and licensed attorneys who place children for adoption;
        (d) explain that private adoption is legal and that the law permits adoptive parents to
    reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
    pregnancy; and
        (e) describe the services and supports available to the [recipient] client under this section.
        (4) A [recipient] client shall remain eligible for [services and supports] assistance under this
    section, even though the [recipient] client relinquishes a child for adoption, provided that the
    adoption is in accordance with Section 78-30-4.14. The [services and supports] assistance provided
    under this section may include:
        [(a) food coupons, if the recipient is otherwise eligible;]

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        [(b)] (a) reimbursement for expenses associated with care and confinement during pregnancy
    as provided for in Subsection (5); and
        [(c)] (b) for a maximum of 12 months from the date of relinquishment, coordination of
    services to assist the [recipient] client in:
        (i) receiving appropriate educational and occupational assessment and planning; [and]
        (ii) enrolling in appropriate education [and employment] or training programs, including
    high school completion and adult education programs;
        (iii) enrolling in programs that provide assistance with job readiness, employment
    counseling, finding employment, and work skills;
        (iv) finding suitable housing;
        (v) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act, if the
    [recipient] client is otherwise eligible; and
        (vi) receiving counseling and other mental health services.
        (5) (a) Except as provided in Subsection (5)(b), a [recipient] client is eligible [for] to receive
    an amount equal to the maximum monthly [financial] amount of cash assistance paid to one person
    for up to 12 consecutive months from the date of relinquishment.
        (b) If [the recipient] a client is otherwise eligible to receive [financial] cash assistance under
    this [chapter] part, the [recipient's financial assistance shall] client is eligible to receive an amount
    equal to the increase [to the level] in cash assistance the [recipient] client would have received but
    for the relinquishment for up to 12 consecutive months from the date of relinquishment.
        (6) (a) To be eligible for [the services and supports] assistance under this section, a
    [recipient] client shall:
        (i) with the cooperation of the [department] division, develop and implement an employment
    [and self-sufficiency] plan containing goals for achieving self-sufficiency and describing the action
    the [recipient] client will take concerning education and training that will result in full-time
    employment [and self-sufficiency];
        (ii) enroll in high school or an alternative to high school, if the [recipient] client does not
    have a high school diploma, and demonstrate progress toward graduation; and

- 30 -


        (iii) make a good faith effort to meet the goals of the employment plan as provided in
    Section 35A-8-304.
        [(b) If a recipient is eligible for and requests assistance under Subsection (5), the person who
    adopts the recipient's child shall pay to the state a nonrefundable amount determined by department
    guidelines as established by rule and based on the person's family size and income, which may not
    exceed the maximum sum available to the recipient under Subsection (5).]
        [(c) The department may waive all or part of the payment described in Subsection (b) if the
    child to be adopted has special needs under department guidelines.]
        (b) Cash assistance provided to a client before the client relinquishes a child for adoption
    is part of the state plan.
        [(d)] (c) Assistance provided under Subsection (5):
        (i) shall be provided for with state funds; and
        (ii) may not be tolled when determining subsequent eligibility for [financial] cash assistance
    under this chapter. The time limit provisions of Section 35A-8-306 apply to cash assistance
    provided under the state plan.
        [(e)] (d) The [department] division shall monitor a [recipient's] client's compliance with this
    [subsection] section.
        [(f) The] (e) Except for Subsection (6)(b), the provisions of Subsections (2) through (6)
    [are not included in] shall be excluded from the state plan.
        Section 30. Section 35A-8-309, which is renumbered from Section 62A-9-139 is renumbered
    and amended to read:
         [62A-9-139].     35A-8-309. Information regarding home ownership.
        The [office] division shall provide information and service coordination to assist [recipients]
    a client to occupy affordable housing. The information and services may include:
        (1) information from the Utah Housing Finance Agency and the Division of Community
    Development within the Department of Community and Economic Development regarding special
    housing programs, including programs for first-time home buyers and persons with low and
    moderate incomes and the eligibility requirements for those programs;

- 31 -


        (2) referrals to programs operated by volunteers from the real estate industry that assist
    [recipients] clients in obtaining affordable housing, including information on home ownership, down
    payments, closing costs, and credit requirements; and
        (3) referrals to housing programs operated by municipalities, counties, local housing
    authorities, and nonprofit housing organizations that assist individuals to obtain affordable housing,
    including first-time home ownership.
        Section 31. Section 35A-8-310 is enacted to read:
         35A-8-310. Child care services.
        (1) A parent client may receive assistance for child care under this part for a minor child in
    the care and custody of the parent client, unless the other parent in a two-parent family:
        (a) is capable of caring for the family's child;
        (b) is not employed; and
        (c) has not entered into an employment plan with the division.
        (2) The division shall encourage a parent client to obtain child care at no cost from a parent,
    sibling, relative, or other suitable provider.
        (3) Within appropriations from the Legislature and in accordance with Title 63, Chapter 46a,
    Utah Administrative Rulemaking Act, the department may make rules governing eligibility for child
    care services for a minor child in the care and custody of a parent who does not or no longer receives
    cash assistance under this part.
        Section 32. Section 35A-8-311 is enacted to read:
         35A-8-311. Cash assistance to noncitizen legal residents and drug dependent persons.
        (1) The division may provide cash assistance to a legal resident who is not a citizen of the
    United States using funds appropriated from the general fund if barred under federal law from using
    federal funds.
        (2) (a) The State exercises the opt out provision in Section 115 of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
        (b) Consistent with Subsection (2)(a), the division may provide cash assistance and food
    stamps to a person who has been convicted of a felony involving a controlled substance, as defined

- 32 -


    in Section 58-37-2.
        (c) As a condition for receiving cash assistance under this part, a drug dependant person, as
    defined in Section 58-37-2, shall:
        (i) receive available treatment for the dependency; and
        (ii) make progress toward overcoming the dependency.
        (d) The department may only refer a client who is a drug dependent person to a treatment
    provider that has achieved an objective level of success, as defined by department rule, in treating
    drug dependency.
        Section 33. Section 35A-8-312 is enacted to read:
         35A-8-312. Individual development accounts.
        (1) As used in this section:
        (a) "Individual development account" means a trust account funded through periodic
    contributions by a client and matched by or through a not-for-profit organization organized under
    Section 501(c)(3), Internal Revenue Code.
        (b) "Qualified acquisition costs" means the costs of acquiring, constructing, or reconstructing
    a residence, including settlement and closing costs.
        (c) "Qualified businesses capitalization expenses" means expenditures for capital, plant,
    equipment, working capital, and inventory.
        (2) An individual development account may be established by or on behalf of a client to
    enable a client to accumulate funds for the following purposes:
        (a) postsecondary educational expenses after leaving cash assistance, including tuition, fees,
    books, supplies, and transportation costs, if paid from the individual development account directly
    to an educational institution that the parent client is attending as part of an employment plan;
        (b) qualified acquisition costs associated with a first-time home purchase if paid from the
    individual development account directly to a person to whom the amount is due; or
        (c) amounts paid from an individual development account directly to a business
    capitalization account that is established in a federally insured financial institution and used solely
    for qualified business capitalization expenses.

- 33 -


        (3) A client may only deposit earned income and funds received from a not-for-profit
    organization into an individual development account.
        Section 34. Section 35A-8-313 is enacted to read:
         35A-8-313. Performance goals.
        (1) As used in this section:
        (a) "Performance goals" means a target level of performance or an expected level of
    performance against which actual performance is compared.
        (b) "Performance indicators" means actual performance information regarding a program
    or activity.
        (c) "Performance monitoring system" means a process to regularly collect and analyze
    performance information including performance indicators and performance goals.
        (2) (a) The department shall establish a performance monitoring system for cash assistance
    provided under this part.
        (b) The department shall establish the performance indicators and performance goals that
    will be used in the performance monitoring system for cash assistance under this part. The
    performance monitoring system shall begin on October 1, 1997.
        (c) (i) On or before December 31, 1998, and every year thereafter, the department shall
    submit to the legislative fiscal analyst and the director of the Office of Legislative Research and
    General Counsel, a written report describing the difference between actual performance and
    performance goals for the second, third, and fourth quarters of the prior fiscal year and the first
    quarter of the current fiscal year.
        (ii) The legislative fiscal analyst, or designee, shall convey the information contained in the
    report to the appropriation subcommittee that has oversight responsibilities for the Department of
    Workforce Services during the General Session that follows the submission of the report. The
    subcommittee may consider the information in its deliberations regarding the budget for services and
    supports under this chapter.
        (iii) The director of the Office of Legislative Research and General Counsel, or designee,
    shall convey the information in the report to:

- 34 -


        (A) the legislative interim committee that has oversight responsibilities for the Department
    of Workforce Services; and
        (B) the Utah Tomorrow Strategic Planning Committee.
        Section 35. Section 35A-8-314 is enacted to read:
         35A-8-314. Assistance targets.
        (1) It is the intent of the Legislature that the division facilitate the placement of 12,000
    parent clients in full-time employment in accordance with the following schedule:
        (a) 4,000 clients by July 1, 1998;
        (b) 4,000 clients by July 1, 1999; and
        (c) 4,000 clients by July 1, 2000.
        Section 36. Section 35A-8-315 is enacted to read:
         35A-8-315. Restricted account.
        (1) There is created a restricted account known as the Temporary Assistance for Needy
    Families Block Grant Reserve Account.
        (2) (a) Federal funds received from the United States under Title I of Public Law 104-193,
    the Personal Responsibility and Work Opportunity Act of 1996, in advance of anticipated
    expenditures and not to reimburse the state for expenditures made, shall be deposited into this
    account. The Legislature shall appropriate these funds from this account to the department for
    services and supports under this chapter.
        (b) Funds specified in Subsection (a) and state funds for services and supports under this
    chapter that are appropriated to, but not expended by, the department in the fiscal year for which the
    funds were appropriated shall lapse into this account, which is the proper account for the funds under
    Section 63-38-8. The account shall earn interest and all interest earned shall be deposited into the
    account.
        Section 37. Section 35A-8-401, which is renumbered from Section 62A-9-114 is renumbered
    and amended to read:
    
Part 4. General Assistance

         [62A-9-114].     35A-8-401. General assistance.

- 35 -


        [(1) Aid to Families with Dependent Children may be provided to families and children in
    accordance with Title IV-A of the Social Security Act and applicable federal regulations.]
        [(2)] (1) (a) General Assistance may be provided to individuals who are not receiving [direct
    money grants as Aid to Families with Dependent Children,] cash assistance under Part 3, Family
    Employment Program, or Supplemental Security Income, and who are unemployable according to
    standards promulgated by the department.
        (b) (i) General Assistance may be provided by payment in cash or in kind. [The office may,
    by rule, limit the grants that are made to General Assistance recipients. Those limitations may be
    made in frequency and duration of payments, or by providing]
        (ii) The office may provide an amount less than the existing payment level for an otherwise
    similarly situated [recipient] client of [Aid to Families with Dependent Children] cash assistance
    under Part 3, Family Employment Program.
        (c) The office shall establish asset limitations for General Assistance [recipients, similar in
    kind to the limitations described in Section 62A-9-117, but which may differ as to quantity, amount,
    or value] clients.
        (d) (i) General Assistance may be granted to meet special nonrecurrent needs of [recipients
    of Aid to Families with Dependent Children and to applicants] an applicant for the federal
    Supplemental Security Income program, if [they agree] the applicant agrees to reimburse the
    [department] division for assistance advanced while awaiting the determination of eligibility by the
    Social Security Administration. [Other than for the optional state supplementation made under the
    Social Security Act, no]
        (ii) General Assistance payments may not be made to a current [recipients] client of [Aid
    to Families with Dependent Children or] cash assistance or Supplemental Security Income.
        (e) [Public] (i) General assistance may [include payment] be used for the reasonable cost of
    burial for [recipients] a client, if heirs or relatives are not financially able to assume this expense, and
    the county is determined not to be liable for the expense under Section 17-5-250. [However,]
        (ii) Notwithstanding Subsection (1)(e)(i), if the [bodies of these persons are] body of a
    person is unclaimed, Section 53B-17-301 [is applicable thereto] applies.

- 36 -


        (iii) The [office] department shall fix the [costs] cost of a reasonable burial and conditions
    under which burial expenditures may be made.
        [(3) Assistance may be provided to persons in need who are transients. That assistance may
    be designated under any of the foregoing public assistance programs for which they would otherwise
    qualify.]
        [(4)] (2) The [office] division may cooperate with any governmental unit or agency, or any
    private nonprofit agency in establishing work projects to provide employment for employable
    persons.
        Section 38. Section 35A-8-402, which is renumbered from Section 62A-9-120 is renumbered
    and amended to read:
         [62A-9-120].     35A-8-402. Calculation of General Assistance Grants.
        Grants for General Assistance made pursuant to [Subsections 62A-9-114 (2) and (3)] Section
    35A-8-401, to the extent that those payments are made on an ongoing basis for persons who are
    unemployable, shall be:
        (1) within amounts appropriated by the Legislature; and
        (2) calculated in a manner analogous to that provided in [Subsections 62A-9-119 (1), (2),
    and (3)] Section 35A-8-302. [However, the ratable reduction for General Assistance may differ from
    that imposed on other programs.]
        Section 39. Section 35A-8-501, which is renumbered from Section 62A-9-301 is renumbered
    and amended to read:
    
Part 5. Social Capital Formation

         [62A-9-301].     35A-8-501. Title.
        This part is known as the "Social Capital Formation Act."
        Section 40. Section 35A-8-502, which is renumbered from Section 62A-9-302 is renumbered
    and amended to read:
         [62A-9-302].     35A-8-502. Definitions.
        As used in this part:
        (1) "Civic organization" includes community service clubs and organizations, charitable

- 37 -


    health care and service organizations, fraternal organizations, labor unions, minority and ethnic
    organizations, commercial and industrial organizations, commerce and business clubs, private
    nonprofit organizations, private nonprofit corporations that provide funding to community service
    organizations, organizations that advocate or provide for the needs of persons with low incomes,
    religious organizations, and organizations that foster strong neighborhoods and communities.
        (2) "Diversion payment" means a lump sum cash payment provided to a [recipient] client
    in lieu of regular monthly [financial] cash assistance.
        (3) "Performance monitoring system" means a process to regularly collect and analyze
    performance information, including performance indicators and performance goals.
        (a) "Performance goals" means a target level of performance or an expected level of
    performance against which actual performance is measured.
        (b) "Performance indicators" means actual performance information regarding a program
    or activity.
        Section 41. Section 35A-8-503, which is renumbered from Section 62A-9-303 is renumbered
    and amended to read:
         [62A-9-303].     35A-8-503. Legislative intent.
        (1) The Legislature finds that public policy should promote and encourage a strong civic
    sector. Civic organizations have an important role that cannot be adequately addressed through
    either private or public sector action. Important public values such as the condition of our
    neighborhoods, the character of our children, and the renewal of our cities directly depend on the
    strength of families, neighborhoods, and grassroots community organizations, as well as the vitality
    of private and religious institutions that care for those in need. Civic organizations transmit values
    between generations, encourage cooperation between citizens, and ensure that our communities are
    livable and nurturing environments. The value provided to the state by civic organizations is called
    social capital.
        (2) The purpose of this part is to promote the availability of social capital. Using social
    capital, [recipients] clients of and applicants for services under this chapter may receive a wide array
    of services and supports that cannot be provided by state government alone. Social capital links all

- 38 -


    parts of our society together by creating opportunities for service and giving. It facilitates trust and
    cooperation and enhances investments in physical and human capital.
        (3) In enacting this part, the Legislature recognizes the constitutional limits of state
    government to sustain civic institutions that provide social capital. While state government has
    always depended on these institutions, it does not create them nor can it replace them. This part
    recognizes that state government must respect, recognize, and, wherever possible, constitutionally
    encourage strong civic institutions that sustain a sense of community and humanize our lives.
        Section 42. Section 35A-8-504, which is renumbered from Section 62A-9-304 is renumbered
    and amended to read:
         [62A-9-304].     35A-8-504. Relationship of civic and state services.
        (1) (a) Services and supports provided by a civic organization under this part are in addition
    to, and not in lieu of, any service or support provided by the [office] division to a [recipient] client.
        (b) Receipt of services from a civic organization [does] may not diminish a person's
    eligibility for services or supports from the [office] division.
        (2) A person is under no obligation to receive services from a civic organization.
        (3) A civic organization is under no obligation to provide services to a person, except as
    provided in a contract between the organization and the [office] division pursuant to Section
    [62A-9-308] 35A-8-508.
        Section 43. Section 35A-8-505, which is renumbered from Section 62A-9-305 is renumbered
    and amended to read:
         [62A-9-305].     35A-8-505. Application -- Referral to civic organizations.
        (1) The [office] division shall, in compliance with Section [62A-9-304] 35A-8-504, assess
    whether an applicant would be receptive to and benefit by services from a civic organization. If so,
    the [office] division may inform the applicant of the availability of those services and supports.
        (2) (a) If an applicant chooses to receive those services and supports from a civic
    organization, the [office] division shall facilitate the applicant's referral to one or more appropriate
    civic organizations.
        (b) If [the] an applicant chooses not to receive the services and supports of a civic

- 39 -


    organization or requests services and supports available under this chapter in addition to the services
    and supports of a civic organization, the [office] division shall process the application as provided
    under this chapter.
        Section 44. Section 35A-8-506, which is renumbered from Section 62A-9-306 is renumbered
    and amended to read:
         [62A-9-306].     35A-8-506. Diversion payment -- Referral to civic organizations.
        When a [recipient] client receives a diversion payment under [this chapter] Section
    35A-8-303, the [office] division shall assess whether the [recipient] client would benefit from
    services and supports from a civic organization. If so, the [office] division may inform the
    [recipient] client of the services and supports that civic organizations provide.
        Section 45. Section 35A-8-507, which is renumbered from Section 62A-9-308 is renumbered
    and amended to read:
         [62A-9-308].     35A-8-507. Request for proposals from civic organizations --
     Contract requirements.
        (1) (a) Before October 1, [1996] 1997, the director shall issue a request for proposals.
    Interested civic organizations may submit proposals for the purpose of contracting with the [office]
    division for the provision of social capital.
        (b) In cooperation with the coalition described in Section [62A-9-311] 35A-8-511, the
    [director] department shall establish[,] by rule[,]:
        (i) specifications for proposals[,];
        (ii) deadlines for submissions[,];
        (iii) contents of proposals[,];
        (iv) the criteria upon which proposals will be accepted[,]; and
        (v) the amount of available funding.
        (2) [The] Within appropriations from the Legislature the director may enter into [a contract
    with a civic organization] one or more contracts with civic organizations, which shall at least
    include:
        (a) the funding, if any, to be provided to the civic organization by the [office] division;

- 40 -


        (b) the geographical boundary within which the civic organization is to provide services and
    supports to individuals referred by the [office] division;
        (c) a description of the services and supports to be provided by the civic organization to
    [recipients] clients;
        (d) the performance monitoring system to be used by the civic organization to evaluate the
    effects of the services and supports that it provides; and
        (e) other provisions as the [office] division and civic organization consider appropriate.
        (3) (a) A contract between the [office] division and a civic organization under this section
    is for a defined period of time and a fixed funding amount.
        (b) If a contract provides public funds, the civic organization will be required to comply with
    all applicable state and federal law with respect to those funds, which may include audit,
    recordkeeping, and financial accounting requirements.
        (4) The services and supports provided by civic organizations under this section do not
    include eligibility determinations, cash assistance, food coupons, or quality assurance related to these
    functions.
        Section 46. Section 35A-8-508, which is renumbered from Section 62A-9-309 is renumbered
    and amended to read:
         [62A-9-309].     35A-8-508. Inventory of civic organizations.
        (1) To enable the [office] division to refer a [recipient] client or applicant to an appropriate
    civic organization under this part, the [office] division, in cooperation with the coalition described
    in Section [62A-9-311] 35A-8-511, shall complete a statewide inventory of civic organizations. For
    those organizations that wish to participate, the inventory shall include:
        (a) a description of the services and supports provided;
        (b) the geographical locations served;
        (c) methods of accessing services; and
        (d) eligibility for services.
        (2) The inventory shall be stored, updated annually, and made available in a usable form as
    a resource directory for all [caseworkers] employment advisors.

- 41 -


        Section 47. Section 35A-8-509, which is renumbered from Section 62A-9-310 is renumbered
    and amended to read:
         [62A-9-310].     35A-8-509. Review by Legislative Auditor General.
        Before June 30, 2001, the Legislative Auditor General shall complete an evaluation of the
    effectiveness of the process established under this part. That evaluation shall be provided to the
    [Human Services Interim Committee] legislative interim committee that has oversight
    responsibilities for the Department of Workforce Services.
        Section 48. Section 35A-8-510, which is renumbered from Section 62A-9-311 is renumbered
    and amended to read:
         [62A-9-311].     35A-8-510. Coalition of civic and other organizations.
        The director shall convene a coalition of civic organizations, representatives of the [office]
    division, representatives of state and local agencies, advocacy organizations, public officials,
    community leaders, members of the Legislature, and other persons and organizations as he
    determines. The coalition shall offer advice to the director on issues relevant to this part.
        Section 49. Section 53A-12-204 is amended to read:
         53A-12-204. Purchase of textbooks by local school board -- State board approval --
     Sales to pupils -- Free textbooks -- Textbooks provided to teachers -- Payment of costs -- Rental
     of textbooks.
        (1) A local school board, under rules adopted by the State Board of Education, may purchase
    textbooks approved by the state board for use in the public schools directly from the publisher at
    prices and terms approved by the state board and may sell those books to pupils in grades nine
    through 12 at a cost not to exceed the actual cost of the book plus costs of transportation and
    handling.
        (2) Each school board, however, shall provide, free of charge, textbooks and workbooks
    required for courses of instruction for each child attending public schools whose parent or guardian
    is financially unable to purchase them.
        (3) Children who are receiving [public] cash assistance [in the form of Aid to Families with
    Dependent Children, general relief] under Title 35A, Chapter 8, Part 3, Family Employment

- 42 -


    Program, supplemental security income, or [foster care] who are in the custody of the Division of
    Child and Family Services within the Department of Human Services are eligible for free textbooks
    and workbooks under this section.
        (4) The school board shall also purchase all books necessary for teachers to conduct their
    classes.
        (5) The cost of furnishing textbooks and workbooks may be paid from school operating
    funds, the textbook fund, or from other available funds.
        (6) Books provided to teachers and pupils without charge or at less than full cost are paid
    for out of funds of the district and remain the property of the district.
        (7) In school districts that require pupils to rent books instead of purchasing them or
    providing them free of charge, the school board shall waive rental fees for a child whose parent or
    guardian is financially unable to pay the rental fee. The children considered eligible under
    Subsection (3) are also eligible for the purposes of this subsection.
        Section 50. Section 54-8b-10 is amended to read:
         54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons with
     telecommunication devices -- Definitions -- Procedures for establishing program -- Surcharge
     -- Administration and disposition of surcharge moneys.
        (1) As used in this section:
        (a) "Certified deaf or severely hearing or speech impaired person" means any state resident
    who is so certified by a licensed physician, otolaryngologist, speech language pathologist,
    audiologist, or qualified state agency and who also qualifies for assistance under any low income
    public assistance program administered by [the Department of Human Services] a state agency.
        (b) "Telecommunication device" means any mechanical telephone adaptation device which
    enables a deaf or severely hearing or speech impaired person to use the telephone and which
    includes, but is not limited to:
        (i) telecommunication devices for the deaf (TDD);
        (ii) telephone amplifiers;
        (iii) telephone signal devices;

- 43 -


        (iv) artificial larynxes; and
        (v) adaptive equipment for TDD keyboard access.
        (2) The commission shall hold hearings to establish a program whereby any certified deaf
    or severely hearing or speech impaired customer of a telephone corporation which provides service
    through a local exchange may obtain a telecommunication device capable of serving the customer
    at no charge to him beyond the rate for basic service.
        (3) The program shall provide a dual party relay system using third party intervention to
    connect a certified deaf or severely hearing or speech impaired person with a normal hearing person
    by way of telecommunication devices designed for that purpose.
        (4) The commission shall impose a surcharge on each residence and business access line of
    each customer to the local exchange of any telephone corporation providing such lines in this state
    to cover the costs of the program. The commission shall establish by rule the amount to be charged,
    which may not exceed 25 cents per residence and business access line. The telephone corporation
    shall collect the surcharge from its customers and transfer the money collected to the commission
    under rules adopted by the commission. The surcharge shall be separately identified on customer
    bills.
        (5) Any money collected from the surcharge imposed under Subsection (4) shall be
    deposited in the state treasury as nonlapsing dedicated credits to be administered as determined by
    the Public Service Commission. These dedicated credits may be used only:
        (a) for the purchase, maintenance, repair, and distribution of the devices for
    telecommunication;
        (b) for the acquisition, operation, maintenance, and repair of a dual party relay system;
        (c) to reimburse telephone corporations for the expenses incurred in collecting and
    transferring to the commission the surcharge imposed by the commission;
        (d) for the general administration of the program; and
        (e) to train persons in the use of the devices.
        (6) The telephone surcharge need not be collected by a local exchange company if the
    amount collected would be less than the actual administrative costs of the collection. In that case,

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    the local exchange company shall submit to the commission, in lieu of the revenue from the
    surcharge collection, a breakdown of the anticipated costs and the expected revenue from the
    collection, showing that the costs exceed the revenue.
        (7) The commission shall solicit the advice, counsel, and physical assistance of severely
    hearing or speech impaired persons and the organizations serving them in the design and
    implementation of the program.
        Section 51. Section 62A-1-117 is enacted to read:
         62A-1-117. Assignment of support -- Children in state custody.
        (1) Child support is assigned to the department by operation of law when a child is residing
    outside of his home in the protective custody, temporary custody, custody, or care of the state for
    at least 30 days.
        (2) The department has the right to receive payment for child support assigned to it under
    Subsection (1).
        (3) The Office of Recovery Services is the payee for the department for payment received
    under this section.
        Section 52. Section 62A-11-103 is amended to read:
         62A-11-103. Definitions.
        As used in this part:
        (1) "Director" means the director of the Office of Recovery Services.
        (2) "Disposable earnings" means that part of the earnings of an individual remaining after
    the deduction of all amounts required by law to be withheld.
        (3) "Earnings" means compensation paid or payable for personal services whether
    denominated as wages, salary, commission, bonus, or contract payment or denominated as advances
    on future wages, salary, commission, bonus, or contract payment, or otherwise. "Earnings"
    specifically includes, but is not limited to:
        (a) periodic payments under pension or retirement programs or insurance policies of any
    type;
        (b) unemployment compensation benefits;

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        (c) workers' compensation benefits; and
        (d) all gain derived from capital, labor, or both combined, including profit gained through
    sale or conversion of capital assets.
        (4) "Obligee" means this state, an individual, or another state to whom a debt is owed.
        (5) "Obligor" means a person, firm, or corporation owing money to this state, to an
    individual, or to another state in whose behalf this state is acting.
        (6) "Office" means the Office of Recovery Services.
        (7) "Provider" means a person or entity that receives compensation from any public
    assistance program for goods or services provided to a public assistance recipient.
        (8) "Public assistance" means [public resources used for the benefit of persons determined,
    by any agency of the department, to be in need, whether specified as financial, medical, or food
    stamp assistance; services; in-kind assistance; or otherwise] the same as that term is defined in
    Section 35A-1-102.
        Section 53. Section 62A-11-110 is amended to read:
         62A-11-110. Collection of cash assistance repayments.
        (1) The office shall take all necessary steps to recover the repayments required under Section
    [62A-9-129] 35A-1-502 for the [department] Department of Workforce Services. However, the
    office, under administrative rules, may use discretion in recovering small overpayments
    unintentionally received as a result of administrative error.
        (2) In addition to other authorized procedures, the office may file a civil action against any
    individual, corporation, business, or association determined by it to owe money to this state under
    Section [62A-9-129] 35A-1-502.
        [(3) If an action is filed, the department may recover, in addition to the principal sum plus
    interest, a reasonable amount as attorneys' fees and its costs incurred. If the repayment obligation
    arises from overpayment due to administrative error, attorney's fees and interest may not be
    recovered.]
        [(4) If an attorney from the county attorney's office or the attorney general's office represents
    the department in such an action, the attorney's fees awarded shall be for the use and benefit of that

- 46 -


    particular office and shall be forwarded to that office upon receipt by the department.]
        [(5) If, in a civil action under this section, the court determines that funds or benefits were
    secured, in whole or in part, as a result of fraud of the person from whom repayment is sought, the
    court shall assess, as punitive damages, such additional sum as may be deemed appropriate under
    the circumstances. Those punitive damages may not exceed an amount equal to the amount of the
    repayment sought.]
        [(6) In a civil action under this section, a conviction or guilty plea on a misdemeanor or
    felony charge of welfare fraud is admissible as evidence. This subsection may not be construed to
    limit the right to use such a plea or conviction in any other manner permitted by law or court rule.]
        Section 54. Section 62A-11-202 is amended to read:
         62A-11-202. Definitions.
        As used in this part:
        (1) "Adjudicative proceeding" means an action or proceeding of the office described in
    Section 63-46b-1.
        (2) "Administrative order" means an order issued by the office or the department involving
    an overpayment of public assistance.
        (3) "Court order" means a judgment or order of any court of this state, another state, or the
    federal government that involves an overpayment of public assistance.
        (4) "Director" means the director of the Office of Recovery Services.
        (5) "Notice of agency action" means the notice required to commence an adjudicative
    proceeding as described in Section 63-46b-3.
        (6) "Obligor" means an individual who is liable to the state under Section [62A-9-129]
    35A-1-502 and applicable federal statutes and regulations, or an individual against whom an
    administrative or judicial order determining overpayment has been obtained.
        (7) "Office" means the Office of Recovery Services.
        (8) "Overpayment" means the same as that term is defined in Section [62A-9-129]
    35A-1-502.
        Section 55. Section 62A-11-203 is amended to read:

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         62A-11-203. Obligor presumed to have notice of office's rights -- Authority to
     administer oaths, issue subpoenas, and compel witnesses and production of documents --
     Recovery of attorneys' fees, costs, and interest -- Rulemaking authority -- Administrative
     procedures.
        (1) An obligor is presumed to have received notice of the rights of the office under this part
    upon engaging in this state in any of the acts described in Subsections [62A-9-129] 35A-1-502(4)
    and (5) or Section 76-8-1203, 76-8-1204, or 76-8-1205.
        (2) For the purposes of this part, the director or his authorized representative may administer
    oaths and certify official acts, issue subpoenas, and compel witnesses and the production of business
    records, documents, and evidence.
        (3) (a) Except when an overpayment results from administrative error, the office may
    recover from the obligor:
        (i) reasonable attorneys' fees;
        (ii) costs incurred in pursuing administrative remedies under this part; and
        (iii) interest at the rate of 1% a month accruing from the date an administrative or judicial
    order is issued determining the amount due under this part.
        (b) The office may recover interest, attorneys' fees, and costs, if notice of the assessment has
    been included in a notice of agency action issued in conformity with Title 63, Chapter 46b,
    Administrative Procedures Act.
        (4) The office may adopt, amend, and enforce rules to carry out the provisions of this part.
        (5) Service of all notices and orders under this part shall comply with Title 63, Chapter 46b,
    Administrative Procedures Act, the Utah Rules of Civil Procedure, or rules adopted by the office that
    meet standards required by due process and that do not conflict with the requirements of the
    Administrative Procedures Act.
        Section 56. Section 62A-11-204.1 is amended to read:
         62A-11-204.1. Issuance or modification of administrative order -- Voluntary
     acknowledgment of overpayment -- Court orders supersede administrative orders --
     Notification requirement.

- 48 -


        (1) As used in Subsection (2)(a)(i), "intentional program violation" means obtaining an
    "overpayment" as defined in Section [62A-9-129] 35A-1-502.
        (2) (a) Through an adjudicative proceeding, the office may issue or modify an administrative
    order that:
        (i) determines whether an overpayment was made, the amount of the overpayment, and
    whether benefits were obtained by an intentional program violation;
        (ii) reduces the overpayment to an administrative judgment; or
        (iii) renews an administrative judgment.
        (b) The office shall commence an adjudicative proceeding to renew a judgment by serving
    notice of agency action on the obligor before the judgment is barred by the applicable statute of
    limitations.
        (3) The office may accept voluntary acknowledgment of an overpayment obligation and
    enter into stipulated agreements to issue orders and judgments.
        (4) A provision of an administrative order is enforceable against an obligor, unless it is in
    direct conflict with or is superseded by a provision of a court order. To the extent of any conflict,
    the court order governs.
        (5) After being properly served with a notice of agency action under this part, an obligor
    shall notify the office of any subsequent change of address or employment.
        Section 57. Section 62A-11-209 is amended to read:
         62A-11-209. Schedule of payments to be paid upon liability -- Establishment --
     Cancellation.
        (1) At any time, the office may, consistent with the income, earning capacity, and resources
    of the obligor, set or reset the level and schedule of payments to be paid upon the liability, and may,
    at any time, cancel the schedule of payments and demand immediate payment in full.
        (2) The office may recover an overpayment through deductions from cash assistance or food
    stamps pursuant to Section 35A-1-502.
        Section 58. Section 62A-11-307.1 is amended to read:
         62A-11-307.1. Collection directly from responsible parent.

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        (1) The office may issue or modify an order under Section 62A-11-304.2 and collect under
    this part directly from a responsible parent if the procedural requirements of applicable law have
    been met and if public assistance is provided on behalf of that parent's dependent child. The direct
    right to issue an order under this subsection is independent of and in addition to the right derived
    from that assigned under Section [62A-9-121] 35A-8-108.
        (2) An order issuing or modifying a support obligation under Subsection (1), issued while
    public assistance was being provided for a dependent child, remains in effect and may be enforced
    by the office under Section 62A-11-306.1 after provision of public assistance ceases.
        (3) (a) The office may issue or modify an administrative order, subject to the procedural
    requirements of applicable law, that requires that obligee to pay to the office assigned support that
    an obligee receives and retains in violation of Subsection 62A-11-307.2 (4) and may reduce to
    judgment any unpaid balance due.
        (b) The office may collect the judgment debt in the same manner as it collects any judgment
    for past due support owed by an obligor.
        Section 59. Section 62A-11-307.2 is amended to read:
         62A-11-307.2. Duties of obligee after assignment of support rights.
        (1) An obligee whose rights to support have been assigned under Section [62A-9-121]
    35A-8-108 as a condition of eligibility for public assistance has the following duties:
        (a) Upon request of the office, the obligee shall execute and deliver all instruments and
    papers required by the office and comply with whatever is considered necessary by the office in
    connection with an administrative or judicial action commenced by the office under this chapter.
        (b) The obligee may not commence an action against an obligor or file a pleading to collect
    or modify support without the office's written consent.
        (c) The obligee may not do anything to prejudice the rights of the office to establish
    paternity, enforce provisions requiring health insurance, or to establish and collect support.
        (d) The obligee may not agree to allow the obligor to change the court or administratively
    ordered manner or amount of payment of past, present, or future support without the office's written
    consent.

- 50 -


        (2) The office's right to recover is not reduced or terminated if an obligee agrees to allow the
    obligor to change the court or administratively ordered manner or amount of payment of support,
    whether that agreement is entered into before or after public assistance is furnished on behalf of a
    dependent child.
        (3) (a) If an obligee receives direct payment of assigned support from an obligor, he shall
    immediately deliver that payment to the office.
        (b) If an obligee agrees with an obligor to receive payment of support other than in the court
    or administratively ordered manner and receives payment as agreed with the obligor, he shall
    immediately deliver the cash equivalent of the payment to the office. If the amount delivered to the
    office by the obligee under this subsection exceeds the amount of the court or administratively
    ordered support due, the office shall return the excess to the obligee.
        (4) If public assistance furnished on behalf of a dependent child is terminated, the office may
    continue to provide paternity establishment and support collection services. Unless the obligee
    notifies the office to discontinue these services, the obligee is considered to have accepted and is
    bound by the rights, duties, and liabilities of an obligee who has applied for those services.
        Section 60. Section 76-7-305.5 is amended to read:
         76-7-305.5. Requirements for printed materials and informational video -- Annual
     report of Department of Health.
        (1) In order to insure that a woman's consent to an abortion is truly informed consent, the
    Department of Health shall publish printed materials and an informational video in accordance with
    the requirements of this section. The department and each local health department shall make those
    materials and a viewing of the video available at no cost to any person. The printed material and the
    informational video shall be comprehensible and contain all of the following:
        (a) geographically indexed materials informing the woman of public and private services
    and agencies available to assist her, financially and otherwise, through pregnancy, at childbirth, and
    while the child is dependent, including services and supports available under Section [62A-9-138]
    35A-8-308. Those materials shall contain a description of available adoption services, including a
    comprehensive list of the names, addresses, and telephone numbers of public and private agencies

- 51 -


    and private attorneys whose practice includes adoption, and explanations of possible available
    financial aid during the adoption process. The information regarding adoption services shall include
    the fact that private adoption is legal, and that the law permits adoptive parents to pay the costs of
    prenatal care, childbirth, and neonatal care. The department may, at its option, include printed
    materials that describe the availability of a toll-free 24-hour telephone number that may be called
    in order to obtain, orally, the list and description of services, agencies, and adoption attorneys in the
    locality of the caller;
        (b) descriptions of the probable anatomical and physiological characteristics of the unborn
    child at two-week gestational increments from fertilization to full term, accompanied by pictures
    representing the development of an unborn child at those gestational increments. The descriptions
    shall include information about brain and heart function and the presence of external members and
    internal organs during the applicable stages of development. Any pictures used shall contain the
    dimensions of the fetus and shall be realistic and appropriate for that woman's stage of pregnancy.
    The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific
    information about an unborn child at the various gestational ages;
        (c) objective descriptions of abortion procedures used in current medical practice at the
    various stages of growth of the unborn child, the medical risks commonly associated with each
    procedure, including those related to subsequent childbearing, the possible detrimental psychological
    effects of abortion, and the medical risks associated with carrying a child to term;
        (d) any relevant information on the possibility of an unborn child's survival at the two-week
    gestational increments described in Subsection (b);
        (e) information on the availability of medical assistance benefits for prenatal care, childbirth,
    and neonatal care;
        (f) a statement conveying that it is unlawful for any person to coerce a woman to undergo
    an abortion;
        (g) a statement conveying that any physician who performs an abortion without obtaining
    the woman's informed consent or without according her a private medical consultation in accordance
    with the requirements of this section, may be liable to her for damages in a civil action at law; and

- 52 -


        (h) information regarding the legal responsibility of the father to assist in child support, even
    in instances where he has agreed to pay for an abortion, including a description of the services
    available through the Office of Recovery Services, within the Department of Human Services, to
    establish and collect that support.
        (2) The material described in Subsection (1) shall be printed in a typeface large enough to
    be clearly legible.
        (3) Every facility in which abortions are performed shall immediately provide the printed
    informed consent materials and a viewing of or a copy of the informational video described in
    Subsection (1) to any patient or potential patient prior to the performance of an abortion, unless the
    patient's attending or referring physician certifies in writing that he reasonably believes that
    provision of the materials or video to that patient would result in a severely adverse effect on her
    physical or mental health.
        (4) The Department of Health shall produce a standardized videotape that may be used
    statewide, containing all of the information described in Subsection (1), in accordance with the
    requirements of that section. In preparing the video, the department may summarize and make
    reference to the printed comprehensive list of geographically indexed names and services described
    in Subsection (1)(a). The videotape shall, in addition to the information described in Subsection (1),
    show an ultrasound of the heart beat of an unborn child at three weeks gestational age, at six to eight
    weeks gestational age, and each month thereafter, until viability. That information shall be presented
    in an objective, unbiased manner designed to convey only accurate scientific information.
        (5) The Department of Health and local health departments shall provide ultrasounds in
    accordance with the provisions of Subsection 76-7-305(1)(b), at no expense to the pregnant woman.
        (6) The Department of Health shall compile and report the following information annually,
    preserving physician and patient anonymity:
        (a) the total amount of informed consent material described in Subsection (1) that was
    distributed;
        (b) the number of women who obtained abortions in this state without receiving those
    materials;

- 53 -


        (c) the number of statements signed by attending physicians certifying to his opinion
    regarding adverse effects on the patient under Subsection (3); and
        (d) any other information pertaining to protecting the informed consent of women seeking
    abortions.
        (7) The Department of Health shall annually report to the Human Services Interim
    Committee regarding the information described in Subsection (6), and provide a copy of the printed
    materials and the videotape produced in accordance with this section.
        Section 61. Section 76-8-1201 is amended to read:
         76-8-1201. Definitions.
        As used in this part:
        [(4)] (1) "[Recipient] Client" means a person who receives or has received public assistance.
        [(1)] (2) "Overpayment" means the same as that term is defined in Section [62A-9-129]
    35A-1-502.
        [(2)] (3) "Provider" means the same as that term is defined in Section 62A-11-103.
        [(3)] (4) "Public assistance" means the same as that term is defined in Section [62A-11-103]
    35A-1-102.
        Section 62. Section 76-8-1202 is amended to read:
         76-8-1202. Application of part.
        (1) This part does not apply to offenses by providers under the state's Medicaid program that
    are actionable under Title 26, Chapter 20, False Claims Act.
        (2) (a) Section [62A-9-131] 35A-1-503 applies to criminal actions taken under this part.
        (b) The repayment of funds or other benefits obtained in violation of the provisions of this
    chapter shall not constitute a defense or grounds for dismissal of a criminal action.
        Section 63. Section 76-8-1203 is amended to read:
         76-8-1203. Disclosure required -- Penalty.
        (1) Each person who applies for public assistance shall disclose to the [Department of
    Human Services] state agency administering the public assistance each fact that may materially
    affect the determination of his eligibility to receive public assistance, including his current:

- 54 -


        (a) marital status;
        (b) household composition;
        (c) employment;
        (d) income;
        (e) receipt of monetary and in-kind gifts; and
        (f) other resources.
        (2) Any person applying for public assistance who intentionally, knowingly, or recklessly
    fails to disclose any material fact required to be disclosed under Subsection (1) is guilty of a class
    B misdemeanor.
        (3) Any [recipient] client who intentionally, knowingly, or recklessly fails to disclose to the
    [Department of Human Services] state agency administering the public assistance any change in a
    material fact required to be disclosed under Subsection (1), within ten days after the date of the
    change, is guilty of a class B misdemeanor if that failure to disclose results in an overpayment.
        Section 64. Section 76-8-1204 is amended to read:
         76-8-1204. Disclosure by provider required -- Penalty.
        (1) (a) Any provider who solicits, requests, or receives, actually or constructively, any
    payment or contribution through a payment, assessment, gift, devise, bequest, or other means,
    directly or indirectly, from a [recipient] client or [recipient's] client's family shall notify the
    [Department of Human Services] state agency administering the public assistance the client is
    receiving of the amount of payment or contribution in writing within ten days after receiving that
    payment or contribution.
        (b) If the payment or contribution is to be made under an agreement, written or oral, the
    provider shall notify the [Department of Human Services] state agency administering the public
    assistance the client is receiving of the payment or contribution within ten days after entering into
    the agreement.
        (2) Any person who intentionally, knowingly, or recklessly fails to notify the [Department
    of Human Services] state agency administering the public assistance the client is receiving as
    required by this section is guilty of a class B misdemeanor.

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        Section 65. Section 76-8-1205 is amended to read:
         76-8-1205. Public assistance fraud defined.
        Each of the following persons, who intentionally, knowingly, or recklessly commits any of
    the following acts, is guilty of public assistance fraud:
        (1) any person who uses, transfers, acquires, traffics in, falsifies, or possesses any food
    stamp, food stamp identification card, certificate of eligibility for medical services, Medicaid
    identification card, fund transfer instrument, payment instrument, or public assistance warrant in a
    manner not allowed by law;
        (2) any person who fraudulently misappropriates any funds exchanged for food stamps, any
    food stamp, food stamp identification card, certificate of eligibility for medical services, Medicaid
    identification card, or other public assistance with which he has been entrusted or that has come into
    his possession in connection with his duties in administering any state or federally funded public
    assistance program;
        (3) any person who receives an unauthorized payment as a result of acts described in this
    section;
        (4) any provider who receives payment or any [recipient] client who receives benefits after
    failing to comply with any applicable requirement in Sections 76-8-1203 and 76-8-1204;
        (5) any provider who files a claim for payment under any state or federally funded public
    assistance program for goods or services not provided to or for a [recipient] client of that program;
        (6) any provider who files or falsifies a claim, report, or document required by state or
    federal law, rule, or provider agreement for goods or services not authorized under the state or
    federally funded public assistance program for which the goods or services were provided;
        (7) any provider who fails to credit the state for payments received from other sources;
        (8) any provider who bills a [recipient] client or a [recipient's] client's family for goods or
    services not provided, or bills in an amount greater than allowed by law or rule;
        (9) any [recipient] client who, while receiving public assistance, acquires income or
    resources in excess of the amount he previously reported to the [Department of Human Services]
    state agency administering the public assistance, and fails to notify [the department] that agency

- 56 -


    within ten days after acquiring the excess income or resources;
        (10) any person who fails to act as required under Section 76-8-1203 or 76-8-1204 with
    intent to obtain or help another obtain an "overpayment" as defined in Section [62A-9-129]
    35A-1-502; and
        (11) any person who obtains an overpayment by violation of Section 76-8-1203 or
    76-8-1204.
        Section 66. Section 76-10-1602 is amended to read:
         76-10-1602. Definitions.
        As used in this part:
        (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business
    trust, association, or other legal entity, and any union or group of individuals associated in fact
    although not a legal entity, and includes illicit as well as licit entities.
        (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
    commission of at least three episodes of unlawful activity, which episodes are not isolated, but have
    the same or similar purposes, results, participants, victims, or methods of commission, or otherwise
    are interrelated by distinguishing characteristics. Taken together, the episodes shall demonstrate
    continuing unlawful conduct and be related either to each other or to the enterprise. At least one of
    the episodes comprising a pattern of unlawful activity shall have occurred after July 31, 1981. The
    most recent act constituting part of a pattern of unlawful activity as defined by this part shall have
    occurred within five years of the commission of the next preceding act alleged as part of the pattern.
        (3) "Person" includes any individual or entity capable of holding a legal or beneficial interest
    in property, including state, county, and local governmental entities.
        (4) "Unlawful activity" means to directly engage in conduct or to solicit, request, command,
    encourage, or intentionally aid another person to engage in conduct which would constitute any
    offense described by the following crimes or categories of crimes, or to attempt or conspire to
    engage in an act which would constitute any of those offenses, regardless of whether the act is in fact
    charged or indicted by any authority or is classified as a misdemeanor or a felony:
        (a) assault or aggravated assault, Sections 76-5-102 and 76-5-103;

- 57 -


        (b) a threat against life or property, Section 76-5-107;
        (c) criminal homicide, Sections 76-5-201, 76-5-202, and 76-5-203;
        (d) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;
        (e) arson or aggravated arson, Sections 76-6-102 and 76-6-103;
        (f) causing a catastrophe, Section 76-6-105;
        (g) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203;
        (h) burglary of a vehicle, Section 76-6-204;
        (i) manufacture or possession of an instrument for burglary or theft, Section 76-6-205;
        (j) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302;
        (k) theft, Section 76-6-404;
        (l) theft by deception, Section 76-6-405;
        (m) theft by extortion, Section 76-6-406;
        (n) receiving stolen property, Section 76-6-408;
        (o) theft of services, Section 76-6-409;
        (p) forgery, Section 76-6-501;
        (q) fraudulent use of a credit card, Sections 76-6-506.1, 76-6-506.2, and 76-6-506.4;
        (r) computer fraud, Title 76, Chapter 6, Part 7;
        (s) bribery or receiving bribe by person in the business of selection, appraisal, or criticism
    of goods, Section 76-6-508;
        (t) bribery of a labor official, Section 76-6-509;
        (u) defrauding creditors, Section 76-6-511;
        (v) acceptance of deposit by insolvent financial institution, Section 76-6-512;
        (w) unlawful dealing with property by fiduciary, Section 76-6-513;
        (x) bribery or threat to influence contest, Section 76-6-514;
        (y) making a false credit report, Section 76-6-517;
        (z) criminal simulation, Section 76-6-518;
        (aa) criminal usury, Section 76-6-520;
        (bb) false or fraudulent insurance claim, Section 76-6-521;

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        (cc) sale of a child, Section 76-7-203;
        (dd) bribery to influence official or political actions, Section 76-8-103;
        (ee) threats to influence official or political action, Section 76-8-104;
        (ff) receiving bribe or bribery by public servant, Section 76-8-105;
        (gg) receiving bribe or bribery for endorsement of person as public servant, Section
    76-8-106;
        (hh) official misconduct, Sections 76-8-201 and 76-8-202;
        (ii) obstructing justice, Section 76-8-306;
        (jj) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308;
        (kk) false or inconsistent material statements, Section 76-8-502;
        (ll) false or inconsistent statements, Section 76-8-503;
        (mm) written false statements, Section 76-8-504;
        (nn) tampering with a witness, retaliation against a witness or informant, or bribery, Section
    76-8-508;
        (oo) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
        (pp) tampering with evidence, Section 76-8-510;
        (qq) intentionally or knowingly causing one animal to fight with another, Subsection
    76-9-301(1)(f);
        (rr) delivery to common carrier, mailing, or placement on premises of an incendiary device,
    Section 76-10-307;
        (ss) construction or possession of an incendiary device, Section 76-10-308;
        (tt) possession of a deadly weapon with intent to assault, Section 76-10-507;
        (uu) unlawful marking of pistol or revolver, Section 76-10-521;
        (vv) alteration of number or mark on pistol or revolver, Section 76-10-522;
        (ww) forging or counterfeiting trademarks, trade name, or trade device, Section 76-10-1002;
        (xx) selling goods under counterfeited trademark, trade name, or trade devices, Section
    76-10-1003;
        (yy) sales in containers bearing registered trademark of substituted articles, Section

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    76-10-1004;
        (zz) selling or dealing with article bearing registered trademark or service mark with intent
    to defraud, Section 76-10-1006;
        (aaa) gambling, Section 76-10-1102;
        (bbb) gambling fraud, Section 76-10-1103;
        (ccc) gambling promotion, Section 76-10-1104;
        (ddd) possessing a gambling device or record, Section 76-10-1105;
        (eee) confidence game, Section 76-10-1109;
        (fff) distributing pornographic material, Section 76-10-1204;
        (ggg) inducing acceptance of pornographic material, Section 76-10-1205;
        (hhh) dealing in harmful material to a minor, Section 76-10-1206;
        (iii) distribution of pornographic films, Section 76-10-1222;
        (jjj) indecent public displays, Section 76-10-1228;
        (kkk) prostitution, Section 76-10-1302;
        (lll) aiding prostitution, Section 76-10-1304;
        (mmm) exploiting prostitution, Section 76-10-1305;
        (nnn) aggravated exploitation of prostitution, Section 76-10-1306;
        (ooo) sexual exploitation of a minor, Section 76-5a-3;
        (ppp) communications fraud, Section 76-10-1801;
        (qqq) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah Controlled
    Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, or Title 58, Chapter
    37c, Utah Controlled Substance Precursor Act;
        (rrr) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
    Securities Act;
        (sss) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
    Land Sales Practices Act;
        (ttt) false claims for public assistance[,] under Section [62A-9-129] 35A-1-502, 76-8-1203,
    76-8-1204, or 76-8-1205;

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        (uuu) any act prohibited by the criminal provisions of Title 63, Chapter 56, Utah
    Procurement Code;
        (vvv) any act prohibited by the criminal provisions of the laws governing taxation in this
    state;
        (www) any act prohibited by the criminal provisions of Title 32A, Chapter 12, Criminal
    Offenses;
        (xxx) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
    Recording Practices Act [of 1973];
        (yyy) deceptive business practices, Section 76-6-507;
        (zzz) any act prohibited by the criminal provisions of Title 76, Chapter 10, Part 19, Money
    Laundering and Currency Transaction Reporting Act; and
        (aaaa) any act illegal under the laws of the United States and enumerated in Title 18, Section
    1961 (1)(B), (C), and (D) of the United States Code.
        Section 67. Section 78-30-15.5 is amended to read:
         78-30-15.5. Itemization of fees and expenses.
        (1) Prior to the date that a final decree of adoption is entered, an affidavit regarding fees and
    expenses, signed by the adoptive parent or parents and the person or agent placing the child, shall
    be filed with the court. That affidavit shall itemize all fees paid, items exchanged, and services
    rendered in connection with the adoption and shall state that the requirements of Section 76-7-203
    have been complied with. [If the birth mother received services and supports under Section
    62A-9-138, the affidavit shall also verify that the adoptive parent has fully paid the amount, if any,
    due to the state under that section before a final order may be entered.]
        (2) This section does not apply if the adoptive parent is the legal spouse of the birth parent.
        Section 68. Section 78-45-7.5 is amended to read:
         78-45-7.5. Determination of gross income -- Imputed income.
        (1) As used in the guidelines, "gross income" includes:
        (a) prospective income from any source, including nonearned sources, except under
    Subsection (3); and

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        (b) income from salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone,
    prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages,
    annuities, capital gains, social security benefits, workers' compensation benefits, unemployment
    compensation, disability insurance benefits, and payments from "nonmeans-tested" government
    programs.
        (2) Income from earned income sources is limited to the equivalent of one full-time 40-hour
    job. However, if and only if during the time prior to the original support order, the parent normally
    and consistently worked more than 40 hours at his job, the court may consider this extra time as a
    pattern in calculating the parent's ability to provide child support.
        (3) Specifically excluded from gross income are:
        (a) [Aid to Families with Dependent Children (AFDC)] cash assistance provided under Title
    35A, Chapter 8, Part 3, Family Employment Program;
        (b) benefits received under a housing subsidy program, the Job Training Partnership Act,
    [S.S.I.] Supplemental Security Income, Social Security Disability Insurance, Medicaid, Food
    Stamps, or General Assistance; and
        (c) other similar means-tested welfare benefits received by a parent.
        (4) (a) Gross income from self-employment or operation of a business shall be calculated
    by subtracting necessary expenses required for self-employment or business operation from gross
    receipts. The income and expenses from self-employment or operation of a business shall be
    reviewed to determine an appropriate level of gross income available to the parent to satisfy a child
    support award. Only those expenses necessary to allow the business to operate at a reasonable level
    may be deducted from gross receipts.
        (b) Gross income determined under this subsection may differ from the amount of business
    income determined for tax purposes.
        (5) (a) When possible, gross income should first be computed on an annual basis and then
    recalculated to determine the average gross monthly income.
        (b) Each parent shall provide verification of current income. Each parent shall provide
    year-to-date pay stubs or employer statements and complete copies of tax returns from at least the

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    most recent year unless the court finds the verification is not reasonably available. Verification of
    income from records maintained by the Office of Employment Security may be substituted for pay
    stubs, employer statements, and income tax returns.
        (c) Historical and current earnings shall be used to determine whether an underemployment
    or overemployment situation exists.
        (6) Gross income includes income imputed to the parent under Subsection (7).
        (7) (a) Income may not be imputed to a parent unless the parent stipulates to the amount
    imputed or a hearing is held and a finding made that the parent is voluntarily unemployed or
    underemployed.
        (b) If income is imputed to a parent, the income shall be based upon employment potential
    and probable earnings as derived from work history, occupation qualifications, and prevailing
    earnings for persons of similar backgrounds in the community.
        (c) If a parent has no recent work history, income shall be imputed at least at the federal
    minimum wage for a 40-hour work week. To impute a greater income, the judge in a judicial
    proceeding or the presiding officer in an administrative proceeding shall enter specific findings of
    fact as to the evidentiary basis for the imputation.
        (d) Income may not be imputed if any of the following conditions exist:
        (i) the reasonable costs of child care for the parents' minor children approach or equal the
    amount of income the custodial parent can earn;
        (ii) a parent is physically or mentally disabled to the extent he cannot earn minimum wage;
        (iii) a parent is engaged in career or occupational training to establish basic job skills; or
        (iv) unusual emotional or physical needs of a child require the custodial parent's presence
    in the home.
        (8) (a) Gross income may not include the earnings of a child who is the subject of a child
    support award nor benefits to a child in the child's own right such as Supplemental Security Income.
        (b) Social Security benefits received by a child due to the earnings of a parent may be
    credited as child support to the parent upon whose earning record it is based, by crediting the amount
    against the potential obligation of that parent. Other unearned income of a child may be considered

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    as income to a parent depending upon the circumstances of each case.
        Section 69. Section 78-45-7.11 is amended to read:
         78-45-7.11. Reduction for extended visitation.
        (1) The child support order shall provide that the base child support award be reduced by
    50% for each child for time periods during which the child is with the noncustodial parent by order
    of the court or by written agreement of the parties for at least 25 of any 30 consecutive days. If the
    dependent child is a [recipient] client of [Aid to Families with Dependent Children] cash assistance
    provided under Title 35A, Chapter 8, Part 3, Family Employment Program, any agreement by the
    parties for reduction of child support during extended visitation shall be approved by the
    administrative agency. However, normal visitation and holiday visits to the custodial parent shall
    not be considered an interruption of the consecutive day requirement.
        (2) For purposes of this section the per child amount to which the abatement applies shall
    be calculated by dividing the base child support award by the number of children included in the
    award.
        Section 70. Commission of study.
        (1) Before September 30, 1998, the Department of Workforce Services shall complete a
    study regarding the characteristics of families receiving cash assistance under Title 35A, Chapter 8,
    Employment Support Act, who face severe, persistent, and multiple barriers to self-sufficiency. This
    study shall identify:
        (a) the number, demographic characteristics, and health status of these families;
        (b) the incidence and prevalence of mental illness, substance abuse, and physical disabilities
    as barriers to self-sufficiency, including the extent to which families face one or more of these
    characteristics;
        (c) the extent to which traditional interventions, services, and supports are effective or
    ineffective in reducing barriers to self-sufficiency;
        (d) policy recommendations for reducing barriers to self-sufficiency;
        (e) the probable effects of time limits on cash assistance to families who face barriers to
    self-sufficiency and those who do not; and

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        (f) such other issues as the department considers appropriate.
        (2) The department, in accordance with Title 63, Chapter 56, Utah Procurement Code, shall
    contract with an organization to conduct this study. Proposals for the study shall be sent to a
    nationwide pool of applicants, and the organization selected shall have demonstrated expertise and
    experience in evaluating large and complex social policy issues.
        (3) The department shall send a copy of the study to the legislative interim committee that
    has oversight responsibilities for the Department of Workforce Services.
        Section 71. Repealer.
        This act repeals:
        Section 62A-9-101, Legislative purpose.
        Section 62A-9-102, Definitions.
        Section 62A-9-104, Office -- Creation -- Powers and responsibilities.
        Section 62A-9-106, Director of office -- Appointment -- Qualifications -- Administration
     of oaths.
        Section 62A-9-107, Adjudicative proceedings.
        Section 62A-9-109, Acceptance of gifts and grants.
        Section 62A-9-117, Property ownership disqualifying applicant or recipient from Aid
     to Families with Dependent Children -- Limits.
        Section 62A-9-118, Deduction of income and resources -- Exemptions.
        Section 62A-9-119, Aid to families with Dependent Children -- Overspend authority for
     public assistance and medical benefits.
        Section 62A-9-123, Cooperation -- Medical care.
        Section 62A-9-125, Examination of assistance payroll by taxpayer -- Policies --
     Confidentiality -- Violation -- Exemptions.
        Section 62A-9-137, AFDC work or training proposal.
        Section 62A-9-307, Incentive system for division employees -- Requirements.
        Section 72. Removal of sections from Utah Code that never became effective.
        Sections 62A-9-108.5, 62A-9-201, 62A-9-202, 62A-9-203, 62A-9-204, 62A-9-205,

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    62A-9-206, 62A-9-207, 62A-9-208, 62A-9-209, 62A-9-210, 62A-9-211, 62A-9-212, and 62A-9-213
    contained in Chapter 147, Laws of Utah 1996, never received a federal waiver or state plan approval.
    Consequently, those sections shall never go into effect and shall be removed from the Utah Code
    database.
        Section 73. Effective date.
        This act takes effect on July 1, 1997.

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