Download Zipped Introduced WP 8.0 HB0273.ZIP 14,501 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 273

             1     

WORKFORCE SERVICES AMENDMENTS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Lloyd W. Frandsen

             5      AN ACT RELATING TO WORKFORCE SERVICES; TRANSFERRING RESPONSIBILITY
             6      FOR PRIVATE EMPLOYMENT AGENCIES TO THE LABOR COMMISSION; MAKING THE
             7      PENALTY FOR OVERPAYMENT OF PUBLIC ASSISTANCE PROGRAM-SPECIFIC; AND
             8      MAKING TECHNICAL AND CONFORMING AMENDMENTS.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          34-29-10, as last amended by Chapter 375, Laws of Utah 1997
             12          34-29-21, as last amended by Chapter 375, Laws of Utah 1997
             13          35A-1-104, as last amended by Chapter 375, Laws of Utah 1997
             14          35A-1-202, as last amended by Chapter 116, Laws of Utah 1998
             15          35A-1-501, as renumbered and amended by Chapter 174, Laws of Utah 1997
             16          35A-1-502, as renumbered and amended by Chapter 174, Laws of Utah 1997
             17          35A-1-503, as renumbered and amended by Chapter 174, Laws of Utah 1997
             18          35A-6-103, as renumbered and amended by Chapter 375, Laws of Utah 1997
             19      Be it enacted by the Legislature of the state of Utah:
             20          Section 1. Section 34-29-10 is amended to read:
             21           34-29-10. Schedule of fees -- Fee limitations.
             22          (1) (a) Every private employment agency shall file with the division [of Workforce
             23      Information and Payment Services in the Department of Workforce Services] a schedule of fees
             24      to be charged and collected in the conduct of its business.
             25          (b) The agency shall post the schedule in a conspicuous place in the agency.
             26          (c) The agency may make changes in the schedule, but a change is not effective until seven
             27      days after the date the amended schedule is refiled with the division [of Workforce Information


             28      and Payment Services].
             29          (d) The agency may not charge or collect any fee that is greater than the fees scheduled and
             30      in force at the time the contract for employment is issued.
             31          (2) The [Department of Workforce Services] commission may enact rules to enforce and
             32      administer this section.
             33          (3) When controversies arise under this section, the parties shall file a request for agency
             34      action with the Division of Adjudication in the [Department of Workforce Services] commission.
             35          (4) An employment agency may not charge any fee greater than 25% of the amount actually
             36      earned in the employment during the first 30 days, if the employment was ended during such
             37      30-day period.
             38          Section 2. Section 34-29-21 is amended to read:
             39           34-29-21. Approval of licensees by division.
             40          A county, city, or town may not license under this chapter any intelligence or employment
             41      office unless the applicant is licensed to establish and operate the same by the division [of
             42      Workforce Information and Payment Services in the Department of Workforce Services].
             43          Section 3. Section 35A-1-104 is amended to read:
             44           35A-1-104. Department authority.
             45          Within all other authority or responsibility granted to it by law, the department may:
             46          (1) adopt rules when authorized by this title, in accordance with the procedures of Title
             47      63, Chapter 46a, Utah Administrative Rulemaking Act;
             48          (2) purchase, as authorized or required by law, services that the department is responsible
             49      to provide for legally eligible persons;
             50          (3) conduct adjudicative proceedings in accordance with the procedures of Title 63,
             51      Chapter 46b, Administrative Procedures Act;
             52          (4) establish eligibility standards for its programs, not inconsistent with state or federal law
             53      or regulations;
             54          (5) take necessary steps, including legal action, to recover money or the monetary value
             55      of services provided to a recipient who is not eligible;
             56          [(6) license agencies in accordance with this title and Title 34, Labor in General;]
             57          [(7)] (6) acquire, manage, and dispose of any real or personal property needed or owned
             58      by the department, not inconsistent with state law;


             59          [(8)] (7) receive gifts, grants, devises, and donations or the proceeds thereof, crediting the
             60      program designated by the donor, and using the gift, grant, devise, or donation for the purposes
             61      requested by the donor, as long as the request conforms to state and federal policy;
             62          [(9)] (8) accept and employ volunteer labor or services;
             63          [(10)] (9) reimburse volunteers for necessary expenses, when the department considers that
             64      reimbursement to be appropriate;
             65          [(11)] (10) carry out the responsibility assigned by the State Workforce Services Plan
             66      developed by the State Council on Workforce Services;
             67          [(12)] (11) provide training and educational opportunities for its staff;
             68          [(13)] (12) examine and audit the expenditures of any public funds provided to a local
             69      authority, agency, or organization that contracts with or receives funds from those authorities or
             70      agencies;
             71          [(14)] (13) accept and administer grants from the federal government and from other
             72      sources, public or private;
             73          [(15)] (14) employ and determine the compensation of clerical, legal, technical,
             74      investigative, and other employees necessary to carry out its policymaking, regulatory, and
             75      enforcement powers, rights, duties, and responsibilities under this title;
             76          [(16)] (15) establish and conduct free employment agencies, and [license, supervise, and
             77      regulate private employment offices, and] bring together employers seeking employees and
             78      working people seeking employment, and make known the opportunities for employment in this
             79      state;
             80          [(17)] (16) collect, collate, and publish statistical and other information relating to
             81      employees, employers, employments, and places of employment, and other statistics as it considers
             82      proper;
             83          [(18)] (17) encourage the expansion and use of apprenticeship programs meeting state or
             84      federal standards for apprenticeship programs;
             85          [(19)] (18) develop processes to ensure that the department responds to the full range of
             86      employee and employer clients; and
             87          [(20)] (19) carry out the responsibilities assigned to it by statute.
             88          Section 4. Section 35A-1-202 is amended to read:
             89           35A-1-202. Divisions -- Creation -- Duties -- Workforce Appeals Board, councils, and


             90      regional services areas.
             91          (1) There is created within the department the following divisions:
             92          (a) the Division of Employment Development to administer the development and
             93      implementation of employment assistance programs that are:
             94          (i) related to the operations of the department; and
             95          (ii) consistent with federal and state law;
             96          (b) the Division of Workforce Information and Payment Services to administer those
             97      services that are not delivered through the regional workforce services areas; and
             98          (c) the Division of Adjudication to adjudicate claims or actions in accordance with this
             99      title.
             100          (2) In addition to the divisions created under this section, within the department are the
             101      following:
             102          (a) the Workforce Appeals Board created in Section 35A-1-205 ;
             103          (b) the State Council on Workforce Services created in Section 35A-1-206 ;
             104          (c) the [unemployment insurance advisory council] Employment Advisory Council created
             105      in Section 35A-4-502 ;
             106          (d) the [child care advisory committee] Child Care Advisory Committee created in Section
             107      35A-3-205 ; and
             108          (e) the regional workforce services areas and councils created in accordance with
             109      Chapter 2, Regional Workforce Services Areas.
             110          Section 5. Section 35A-1-501 is amended to read:
             111           35A-1-501. Legal representation of department.
             112          At the request of the department, it is the duty of the county attorney or district attorney,
             113      as appropriate under Sections 17-18-1 , 17-18-1.5 , and 17-18-1.7 , and the attorney general to
             114      represent the department in any legal action taken under this part, Chapter 3, Employment Support
             115      Act, or under Title 76, Chapter 8, Part 12, Public Assistance Fraud.
             116          Section 6. Section 35A-1-502 is amended to read:
             117           35A-1-502. Civil liability for overpayment.
             118          (1) As used in this section:
             119          (a) "Intentionally, knowingly, and recklessly" mean the same as those terms are defined
             120      in Section 76-2-103 .


             121          (b) (i) "Overpayment" means money, public assistance, or any other thing of value
             122      provided under a state or federally funded benefit program to the extent that the person receiving
             123      the thing of value is not entitled to receive it or is not entitled to receive it at the level provided.
             124          (ii) "Overpayment" includes money paid to a provider under this title in connection with
             125      public assistance; Title 62A, Chapter 11, Part 3, Public Support of Children Act; Title 78, Chapter
             126      45, Uniform Civil Liability for Support Act; Title 78, Chapter 45a, Uniform Act on Paternity; or
             127      any other publicly funded assistance benefit program to the extent that the provider receives
             128      payment:
             129          (A) for goods or services not provided; or
             130          (B) in excess of the amount to which the provider is entitled.
             131          (c) "Provider" means the same as that term is defined in Section 62A-11-103 .
             132          (2) Each provider, client, or other person who receives an overpayment shall, regardless
             133      of fault, return the overpayment or repay its value to the department immediately:
             134          (a) upon receiving written notice of the overpayment from the department; or
             135          (b) upon discovering the overpayment, if that occurs prior to receiving notice.
             136          (3) (a) Except as provided under Subsection (3)(b), interest on the unreturned balance of
             137      the overpayment shall accrue at the rate of 10% a year until an administrative or judicial judgment
             138      is entered.
             139          (b) If the overpayment was not the fault of the person receiving it, that person is not liable
             140      for interest on the unreturned balance.
             141          (c) In accordance with rules adopted by the department, an overpayment may be recovered
             142      through deductions from cash assistance, general assistance, food stamps, or other cash-related
             143      assistance provided to a client under Chapter 3, Employment Support Act.
             144          (4) Each person who knowingly assists a client, provider, or other person in obtaining an
             145      overpayment is jointly and severally liable for the overpayment.
             146          (5) (a) In proving civil liability for overpayment under this section or Subsection
             147      62A-11-204.1 (2)(a)(i) when fault is alleged, the department shall prove by clear and convincing
             148      evidence that the overpayment was obtained intentionally, knowingly, recklessly, by false
             149      statement, misrepresentation, impersonation, or other fraudulent means, such as by committing any
             150      of the acts or omissions described in Sections 76-8-1203 through 76-8-1205 .
             151          (b) If fault is established under Subsection (5)(a), any person who obtained or helped


             152      another obtain an overpayment shall be subject to:
             153          (i) a civil penalty of 10% of the amount of the overpayment; and
             154          (ii) disqualification from [receiving public assistance] the family employment program,
             155      if that is the program from which the overpayment was obtained, for 12 months for the first
             156      offense, 24 months for the second offense, and permanently for the third offense, or as otherwise
             157      provided by federal law[.]; or
             158          (iii) disqualification from the food stamp program, if that is the program from which the
             159      overpayment was received, for 12 months for the first offense, 24 months for the second offense,
             160      and permanently for the third offense, or as otherwise provided by federal law.
             161          (6) [(a)] If an action is filed, the department may recover, in addition to the principal sum
             162      plus interest, reasonable attorneys' fees and costs unless the repayment obligation arose from an
             163      administrative error by the [division] department.
             164          [(b) Upon receipt, the department shall forward attorneys' fees recovered under Subsection
             165      (6)(a) to the attorney general's office or the county attorney's office that litigated the matter.]
             166          (7) If a court finds that funds or benefits were secured, in whole or part, by fraud by the
             167      person from whom repayment is sought, the court shall assess an additional sum as considered
             168      appropriate as punitive damages up to the amount of repayment being sought.
             169          (8) Criminal actions for public assistance fraud are governed by Title 76, Chapter 8, Part
             170      12, Public Assistance Fraud.
             171          Section 7. Section 35A-1-503 is amended to read:
             172           35A-1-503. Evidence in legal actions.
             173          (1) In any civil action pursuant to this part or criminal action pursuant to Title 76, Chapter
             174      8, Part 12, Public Assistance Fraud:
             175          [(1) A] (a) a fund transfer or payment instrument made to the order of a party shall
             176      constitute prima facie evidence that such party received cash assistance under Chapter 3,
             177      Employment Support Act, from the state[.];
             178          [(2)] (b) [In any civil or criminal action pursuant to this part,] all of the records in the
             179      custody of the department relating to the application for, verification of, issuance of, receipt of, and
             180      use of public assistance shall constitute business records within the meaning of the exceptions to
             181      the hearsay rule of evidence[.]; and
             182          (c) the value of the benefits received shall be based on the ordinary and usual charge for


             183      similar benefits in the private sector.
             184          [(3)] (2) (a) A conviction or a guilty plea on a misdemeanor or felony charge of public
             185      assistance fraud is admissible in a civil action brought under this part.
             186          (b) Subsection [(3)] (2)(a) may not be construed to limit the right to use a conviction or
             187      guilty plea in any manner permitted by law or court rule.
             188          [(4) In any civil or criminal action pursuant to this part, the value of the benefits received
             189      shall be based on the ordinary or usual charge for similar benefits in the private sector.]
             190          Section 8. Section 35A-6-103 is amended to read:
             191           35A-6-103. Apprenticeship agreements -- Terms and conditions.
             192          Every apprenticeship agreement entered into under this chapter shall contain:
             193          (1) the names of the contracting parties;
             194          (2) the date of birth of the apprentice;
             195          (3) a statement of the trade, craft, or business which the apprentice is to be taught, and the
             196      time at which the apprenticeship will begin;
             197          (4) a statement showing the number of hours to be spent by the apprentice in work and the
             198      number of hours to be spent in related and supplemental instruction, which instruction shall be not
             199      less than 144 hours per year, unless prior educational experience is substituted [as is provided in
             200      Section 35A-10-105 ] or prior practical experience programs are substantial as provided in other
             201      state laws;
             202          (5) a statement setting forth a schedule of the work processes in the trade or industry
             203      divisions in which the apprentice is to be taught and the approximate time to be spent at each
             204      process;
             205          (6) a statement of the graduated scale of wages to be paid the apprentice and whether the
             206      required school time shall be compensated;
             207          (7) a statement providing for a period of probation during which time the apprenticeship
             208      agreement may be terminated by either party to the agreement; and
             209          (8) a statement that if an employer is unable to fulfill the employer's obligation under the
             210      apprenticeship agreement, the employer may transfer such obligation to another employer.





Legislative Review Note
    as of 2-1-99 6:12 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]