Third Substitute H.B. 231

Representative Chad E. Bennion proposes the following substitute bill:

1 REVIEW AND APPROVAL OF FEDERAL
2 MONIES RECEIVED BY THE STATE
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Chad E. Bennion
6
7 LONG TITLE
8 General Description:
9 This bill establishes procedures for review and approval of state agency efforts to obtain
10 federal funds or participate in federal programs.
11 Highlighted Provisions:
12 This bill:
13 . requires that the governor approve all requests for federal funds originating in
14 executive branch agencies;
15 . requires the Judicial Council to approve all requests for federal funds originating in
16 judicial branch agencies;
17 . requires that the Executive Appropriations Committee review and approve certain
18 federal funds requests;
19 . requires that the Legislature review and approve certain federal funds requests;
20 . requires that the appropriations subcommittees and the Executive Appropriations
21 Committee review certain federal funds requests;
22 . establishes remedies if state agencies fail to obtain appropriate approvals; and
23 . makes technical corrections.
24 Monies Appropriated in this Bill:
25 None

26 Other Special Clauses:
27 This bill provides an effective date.
28 Utah Code Sections Affected:
29 AMENDS:
30 9-1-205, as renumbered and amended by Chapter 241, Laws of Utah 1992
31 9-1-809, as last amended by Chapter 27, Laws of Utah 1999
32 9-4-202, as last amended by Chapter 95, Laws of Utah 2003
33 9-8-405, as renumbered and amended by Chapter 241, Laws of Utah 1992
34 30-3-38, as last amended by Chapter 269, Laws of Utah 2003
35 35A-5-102, as renumbered and amended by Chapter 375, Laws of Utah 1997
36 53A-24-114, as last amended by Chapter 240, Laws of Utah 1996
37 62A-1-112, as enacted by Chapter 1, Laws of Utah 1988
38 62A-3-104, as last amended by Chapter 268, Laws of Utah 2002
39 63-34-15, as renumbered and amended by Chapter 16, Laws of Utah 2003
40 63-34-17, as renumbered and amended by Chapter 16, Laws of Utah 2003
41 63-34-101, as last amended by Chapter 144, Laws of Utah 2003
42 63-38-2 (Superseded 07/01/04), as last amended by Chapters 98 and 209, Laws of
43 Utah 2003
44 63-38-2 (Effective 07/01/04), as last amended by Chapter 171, Laws of Utah 2003
45 63-38d-301, as enacted by Chapter 16, Laws of Utah 2003
46 63-47-7, as enacted by Chapter 173, Laws of Utah 1973
47 65A-8-1.2, as enacted by Chapter 320, Laws of Utah 1998
48 71-7-3, as last amended by Chapter 134, Laws of Utah 2000
49 72-7-206, as renumbered and amended by Chapter 270, Laws of Utah 1998
50 72-7-207, as renumbered and amended by Chapter 270, Laws of Utah 1998
51 ENACTS:
52 63-38-11.5, Utah Code Annotated 1953
53 63-38e-101, Utah Code Annotated 1953
54 63-38e-102, Utah Code Annotated 1953
55 63-38e-201, Utah Code Annotated 1953
56 63-38e-202, Utah Code Annotated 1953

57 63-38e-203, Utah Code Annotated 1953
58 63-38e-204, Utah Code Annotated 1953
59 REPEALS:
60 63-40-1, as last amended by Chapter 156, Laws of Utah 1996
61 63-40-2, as last amended by Chapter 16, Laws of Utah 2003
62 63-40-3, as last amended by Chapter 156, Laws of Utah 1996
63 63-40-4, as last amended by Chapter 156, Laws of Utah 1996
64 63-40-5, as last amended by Chapter 156, Laws of Utah 1996
65 63-40-6, as last amended by Chapter 156, Laws of Utah 1996
66 63-40-7, as enacted by Chapter 156, Laws of Utah 1996
67
68 Be it enacted by the Legislature of the state of Utah:
69 Section 1. Section 9-1-205 is amended to read:
70 9-1-205. Powers and duties of executive director.
71 (1) The executive director, with the approval of the governor, may:
72 [(a) accept for and on behalf of, and bind the state to, any federal program in which the
73 state is invited, permitted, or authorized to participate in the distribution, disbursement, or
74 administration of any fund or service, advanced, offered, or contributed, in whole or in part, by
75 the federal government for purposes consistent with the powers and duties of the department;]
76 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
77 Funds Procedures, seek federal grants, loans, or participation in federal programs;
78 (b) enter into lawful contracts or agreements with other states, any chamber of
79 commerce organization, and any service club; and
80 (c) annually prepare and submit to the governor a budget of the department's financial
81 requirements.
82 (2) If any federal program requires the expenditure of state funds as a condition to
83 participation by the state in any fund, property, or service, with the governor's approval, the
84 executive director shall expend whatever funds are necessary out of the money provided by the
85 Legislature for the use of the department.
86 Section 2. Section 9-1-809 is amended to read:
87 9-1-809. Commission duties.

88 (1) The commission shall, in the performance of its tasks and functions:
89 (a) ensure that its funding decisions meet all federal and state statutory requirements;
90 (b) recommend innovative, creative, statewide service programs to increase volunteer
91 participation in all age groups and community-based problem-solving among diverse
92 participants;
93 (c) develop and implement a centralized, organized system of obtaining information
94 and technical support concerning volunteerism and community service recruitment, projects,
95 training methods, materials, and activities throughout the state and share such information and
96 support upon request;
97 (d) promote strong interagency collaboration as an avenue for maximizing resources
98 and providing that model on the state level;
99 (e) provide public recognition and support of individual volunteer efforts and
100 successful or promising private sector initiatives and public/private partnerships that address
101 community needs;
102 (f) stimulate increased community awareness of the impact of volunteer services in the
103 state;
104 (g) utilize local, state, and, subject to Title 63, Chapter 38e, Federal Funds Procedures,
105 federal resources to reinforce, expand, and initiate quality service programs;
106 (h) assist in the planning and implementation of volunteer programs;
107 (i) serve as the state's liaison and voice to appropriate national and state organizations
108 that support its mission;
109 (j) develop a three-year comprehensive state and community service plan and establish
110 state priorities;
111 (k) preselect programs and prepare applications to the corporation pursuant to the act;
112 (l) prepare service learning applications;
113 (m) administer the grants program and oversee and monitor the performance and
114 progress of funded programs;
115 (n) implement comprehensive, nonduplicative evaluation and monitoring systems;
116 (o) provide technical assistance to local nonprofit organizations and other entities;
117 (p) assist in the development of programs established in the act;
118 (q) develop mechanisms for recruitment and placement of people interested in

119 participating in national service programs;
120 (r) assist in the provision of health care and child care benefits to participants under the
121 act;
122 (s) make priority program recommendations to the corporation;
123 (t) coordinate its activities with the activities of other state agencies that administer
124 federal block grants; and
125 (u) coordinate its activities with the activities of other volunteer service programs.
126 (2) The commission may not directly operate or run any national service program
127 receiving financial assistance, in any form, from the corporation.
128 (3) The commission may, subject to Title 63, Chapter 38e, Federal Funds Procedures,
129 receive and accept federal funds, and may receive and accept private gifts, donations, or funds
130 from any source. All moneys shall be deposited with the state and shall be continuously
131 available to the commission to carry out the purposes of this part.
132 (4) (a) The commission shall establish a community volunteer training program to
133 assist the state's school districts in implementing the literacy programs required under Section
134 53A-1-801 .
135 (b) The program shall focus on:
136 (i) recruitment of volunteers to assist public schools in reading improvement programs;
137 (ii) providing for the training of volunteers recruited under Subsection (4)(b)(i), which
138 may include training in teaching phonetic decoding skills and phonemic awareness, to assist
139 public schools and community based, not-for-profit literacy programs in accomplishing the
140 literacy goals established in Section 53A-1-801 ;
141 (iii) providing grants to entities whose primary purpose is to support literacy by
142 working with either school districts or individual schools to accomplish their literacy goals;
143 and
144 (iv) providing materials and supplies which may be used by the commission or the
145 public schools or both to help public education accomplish its literacy goals under Section
146 53A-1-801 .
147 (c) The commission shall coordinate its activities under this Subsection (4) with other
148 state and community entities engaged in child literacy programs.
149 (d) (i) The commission shall make an annual report to the State Board of Education on:

150 (A) how public monies were spent on the programs authorized under this Subsection
151 (4); and
152 (B) the number of volunteers recruited for and participating in the program.
153 (ii) The commission shall make its report by July 1, with the first report required by
154 July 1, 2000.
155 Section 3. Section 9-4-202 is amended to read:
156 9-4-202. Powers and duties of division.
157 (1) The division shall:
158 (a) assist local governments and citizens in the planning, development, and
159 maintenance of necessary public infrastructure and services;
160 (b) cooperate with, and provide technical assistance to, counties, cities, towns, regional
161 planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation
162 boards, community development groups, community action agencies, and other agencies
163 created for the purpose of aiding and encouraging an orderly, productive, and coordinated
164 development of the state and its political subdivisions;
165 (c) assist the governor in coordinating the activities of state agencies which have an
166 impact on the solution of community development problems and the implementation of
167 community plans;
168 (d) serve as a clearinghouse for information, data, and other materials which may be
169 helpful to local governments in discharging their responsibilities and provide information on
170 available federal and state financial and technical assistance;
171 (e) carry out continuing studies and analyses of the problems faced by communities
172 within the state and develop such recommendations for administrative or legislative action as
173 appear necessary;
174 (f) assist in funding affordable housing and addressing problems of homelessness;
175 (g) support economic development activities through grants, loans, and direct programs
176 financial assistance;
177 (h) certify project funding at the local level in conformance with federal, state, and
178 other requirements;
179 (i) utilize the capabilities and facilities of public and private universities and colleges
180 within the state in carrying out its functions;

181 (j) assist and support local governments, community action agencies, and citizens in
182 the planning, development, and maintenance of home weatherization, energy efficiency, and
183 antipoverty activities; and
184 (k) assist and support volunteer efforts in the state.
185 (2) The division may:
186 [(a) accept for and on behalf of, and bind the state to, any federal program in which the
187 state is invited, permitted, or authorized to participate in the distribution, disbursement, or
188 administration of any fund or service advanced, offered, or contributed in whole or in part, by
189 the federal government for purposes consistent with the powers and duties of the department;]
190 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
191 Funds Procedures, seek federal grants, loans, or participation in federal programs;
192 (b) if any federal program requires the expenditure of state funds as a condition to
193 participation by the state in any fund, property, or service, with the governor's approval, expend
194 whatever funds are necessary out of the money provided by the Legislature for the use of the
195 department;
196 (c) in accordance with Part 13, Domestic Violence Shelters, assist in developing,
197 constructing, and improving shelters for victims of domestic violence, as described in Section
198 77-36-1 , through loans and grants to nonprofit and governmental entities; and
199 (d) assist, when requested by a county or municipality, in the development of
200 accessible housing.
201 Section 4. Section 9-8-405 is amended to read:
202 9-8-405. Federal funds -- Agreements on standards and procedures.
203 [The] By following the procedures and requirements of Title 63, Chapter 38e, Federal
204 Funds Procedures, the division may accept and administer federal funds provided under the
205 provisions of the National Historic Preservation Act of 1966, the Land and Water Conservation
206 Act as amended, and subsequent legislation directed toward the encouragement of historic
207 preservation, and to enter into those agreements on professional standards and procedures
208 required by participation in the National Historic Preservation Act of 1966 and the National
209 Register Office.
210 Section 5. Section 30-3-38 is amended to read:
211 30-3-38. Pilot Program for Expedited Parent-time Enforcement.

212 (1) There is established an Expedited Parent-time Enforcement Pilot Program in the
213 third judicial district to be administered by the Administrative Office of the Courts from July 1,
214 2003, to July 1, 2007.
215 (2) As used in this section:
216 (a) "Mediator" means a person who:
217 (i) is qualified to mediate parent-time disputes under criteria established by the
218 Administrative Office of the Courts; and
219 (ii) agrees to follow billing guidelines established by the Administrative Office of the
220 Courts and this section.
221 (b) "Services to facilitate parent-time" or "services" means services designed to assist
222 families in resolving parent-time problems through:
223 (i) counseling;
224 (ii) supervised parent-time;
225 (iii) neutral drop-off and pick-up;
226 (iv) educational classes; and
227 (v) other related activities.
228 (3) (a) Under this pilot program, if a parent files a motion in the third district court
229 alleging that court-ordered parent-time rights are being violated, the clerk of the court, after
230 assigning the case to a judge, shall refer the case to the administrator of this pilot program for
231 assignment to a mediator.
232 (b) Upon receipt of a case, the mediator shall:
233 (i) meet with the parents to address parent-time issues within 15 days of the motion
234 being filed;
235 (ii) assess the situation;
236 (iii) facilitate an agreement on parent-time between the parents; and
237 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
238 warranted.
239 (c) While a case is in mediation, a mediator may refer the parents to a service provider
240 designated by the Department of Human Services for services to facilitate parent-time if:
241 (i) the services may be of significant benefit to the parents; or
242 (ii) (A) a mediated agreement between the parents is unlikely; and

243 (B) the services may facilitate an agreement.
244 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
245 case to the administrator of the pilot program for referral to the judge or court commissioner to
246 whom the case was assigned under Subsection (3)(a) if:
247 (i) a written agreement between the parents is reached; or
248 (ii) the parents are unable to reach an agreement through mediation and:
249 (A) the parents have received services to facilitate parent-time;
250 (B) both parents object to receiving services to facilitate parent-time; or
251 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
252 (e) Upon receiving a case from the administrator of the pilot program, a judge or court
253 commissioner may:
254 (i) review the agreement of the parents and, if acceptable, sign it as an order;
255 (ii) order the parents to receive services to facilitate parent-time;
256 (iii) proceed with the case; or
257 (iv) take other appropriate action.
258 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
259 child who is the subject of a parent-time order against the other parent or a member of the other
260 parent's household to a mediator or service provider, the mediator or service provider shall
261 immediately report that information to:
262 (i) the judge assigned to the case who may immediately issue orders and take other
263 appropriate action to resolve the allegation and protect the child; and
264 (ii) the Division of Child and Family Services within the Department of Human
265 Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
266 Reporting Requirements.
267 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
268 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
269 order of the court, be supervised until:
270 (i) the allegation has been resolved; or
271 (ii) a court orders otherwise.
272 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
273 mediate parent-time problems and a service provider may continue to provide services to

274 facilitate parent-time unless otherwise ordered by a court.
275 (5) (a) The Department of Human Services may contract with one or more entities in
276 accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
277 (i) services to facilitate parent-time;
278 (ii) case management services; and
279 (iii) administrative services.
280 (b) An entity who contracts with the Department of Human Services under Subsection
281 (5)(a) shall:
282 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
283 (ii) agree to follow billing guidelines established by the Department of Human Services
284 and this section.
285 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
286 (i) reduced to a sum certain;
287 (ii) divided equally between the parents; and
288 (iii) charged against each parent taking into account the ability of that parent to pay
289 under billing guidelines adopted in accordance with this section.
290 (b) A judge may order a parent to pay an amount in excess of that provided for in
291 Subsection (6)(a) if the parent:
292 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
293 or
294 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
295 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
296 parents at periodic intervals.
297 (ii) Mediation and services to facilitate parent-time may only be terminated on the
298 ground of nonpayment if both parents are delinquent.
299 (7) If a parent fails to cooperate in good faith in mediation or services to facilitate
300 parent-time, a court may order, in subsequent proceedings, a temporary change in custody or
301 parent-time.
302 (8) (a) The Judicial Council may make rules to implement and administer the
303 provisions of this pilot program related to mediation.
304 (b) The Department of Human Services may make rules to implement and administer

305 the provisions of this pilot program related to services to facilitate parent-time.
306 (9) (a) The Administrative Office of the Courts shall adopt outcome measures to
307 evaluate the effectiveness of the mediation component of this pilot program. Progress reports
308 shall be provided to the Judiciary Interim Committee as requested by the committee. At least
309 once during this pilot program, the Administrative Office of the Courts shall present to the
310 committee the results of a survey that measures the effectiveness of the program in terms of
311 increased compliance with parent-time orders and the responses of interested persons.
312 (b) The Department of Human Services shall adopt outcome measures to evaluate the
313 effectiveness of the services component of this pilot program. Progress reports shall be
314 provided to the Judiciary Interim Committee as requested by the committee.
315 (c) The Administrative Office of the Courts and the Department of Human Services
316 may adopt joint outcome measures and file joint reports to satisfy the requirements of
317 Subsections (8)(a) and (b).
318 (10) (a) The Department of Human Services shall, by following the procedures and
319 requirements of Title 63, Chapter 38e, Federal Funds Procedures, apply for federal funds as
320 available.
321 (b) This pilot program shall be funded through funds received under Subsection
322 (10)(a).
323 Section 6. Section 35A-5-102 is amended to read:
324 35A-5-102. Federal grants for retraining.
325 (1) [The] By following the procedures and requirements of Title 63, Chapter 38e,
326 Federal Funds Procedures, the state, through the Division of Employment Development may
327 and is encouraged to apply for retraining, community assistance, or technology transfer funds
328 available through:
329 (a) the United States Department of Defense;
330 (b) United States Department of Labor; or
331 (c) other appropriate federal offices or departments.
332 (2) In applying for federal funds, the state through its Division of Employment
333 Development or other appropriate office may inform the federal government of state matching
334 or enhancement funds if those funds are available under Section 67-1-12 .
335 Section 7. Section 53A-24-114 is amended to read:

336 53A-24-114. Governor's Committee on Employment of People with Disabilities.
337 (1) There is created the Governor's Committee on Employment of People with
338 Disabilities.
339 (2) (a) The State Board of Education shall appoint at least twelve members to the
340 committee.
341 (b) The State Board of Education shall ensure that the committee includes members
342 from the public and private sectors who represent:
343 (i) business and industry;
344 (ii) individuals with disabilities and their advocates;
345 (iii) job training and placement;
346 (iv) state agencies, such as the Department of Human Resource Management, the
347 Department of Workforce Services, Public Education, Higher Education, and the Department
348 of Human Services;
349 (v) labor;
350 (vi) veterans;
351 (vii) medical;
352 (viii) health;
353 (ix) insurance;
354 (x) media; and
355 (xi) the general public.
356 (c) (i) Except as provided in Subsection (2)(c)(ii), the State Board of Education shall
357 appoint committee members to serve four-year terms.
358 (ii) In making the initial appointments to the committee, the State Board of Education
359 shall appoint approximately [one-half] 1/2 of the members to two-year terms and [one-half] 1/2
360 of the members to four-year terms.
361 (d) Committee members shall serve until their successors are appointed and qualified.
362 (e) The State Board of Education shall fill any vacancy that occurs on the committee
363 for any reason by appointing a person according to the procedures of this section for the
364 unexpired term of the vacated member.
365 (f) The State Board of Education shall select a chair from the membership.
366 (g) Seven members of the committee are a quorum for the transaction of business.

367 (3) (a) The committee shall:
368 (i) promote employment opportunities for individuals with disabilities;
369 (ii) serve as the designated state liaison to the President's Committee on Employment
370 of People with Disabilities;
371 (iii) provide training and technical assistance to employers in implementing the
372 Americans with Disabilities Act;
373 (iv) develop and disseminate appropriate information through workshops, meetings,
374 and other requests in response to needs to employers and others regarding employment of
375 individuals with disabilities;
376 (v) establish contacts with various community representatives to identify and resolve
377 barriers to full participation in employment and community life;
378 (vi) formally recognize exemplary contributions in the areas of employment, job
379 placement, training, rehabilitation, support services, medicine, media or public relations, and
380 personal achievements made by individuals with disabilities;
381 (vii) advise, encourage, and motivate individuals with disabilities who are preparing
382 for or seeking employment to reach their full potential as qualified employees;
383 (viii) advocate for policies and practices that promote full and equal rights for
384 individuals with disabilities;
385 (ix) advise the State Board of Education and the governor on issues that affect
386 employment and other requests for information on disability issues;
387 (x) prepare an annual report on the progress, accomplishments, and future goals of the
388 committee and present the report to the State Board of Education and the governor; and
389 (xi) establish and maintain a cooperative liaison between the governor's office, the
390 executive director of the committee, and the executive director of the Utah State Office of
391 Rehabilitation to fulfill the committee's purpose.
392 (b) The committee may, by following the procedures and requirements of Title 63,
393 Chapter 38e, Federal Funds Procedures, receive and accept federal funds, and may receive and
394 accept state funds, [and] private gifts, donations, and funds from any source to carry out its
395 purposes.
396 (4) The director of the State Office of Rehabilitation shall appoint a person to staff the
397 committee.

398 Section 8. Section 62A-1-112 is amended to read:
399 62A-1-112. Participation in federal programs -- Federal grants -- Authority of
400 executive director.
401 (1) The executive director may, [with the approval of the governor, may accept on
402 behalf of this state, and bind the state by such acceptance, any executive or legislative
403 provision promulgated or enacted by the federal government or by any agency thereof, whereby
404 the state of Utah is invited, permitted, or authorized to participate in the distribution,
405 disbursement, or administration of any fund or service, which is advanced, offered or
406 contributed in whole or in part by the federal government for purposes consistent with the
407 powers and duties of the department] by following the procedures and requirements of Title 63,
408 Chapter 38e, Federal Funds Procedures, seek federal grants, loans, or participation in federal
409 programs.
410 (2) Wherever state law authorizes a board, director, division, or office of the
411 department to accept any grant, fund, or service which is to be advanced or contributed in
412 whole or in part by the federal government, that acceptance shall be subject to the approval or
413 disapproval of the executive director. All applications for federal grants or other federal
414 financial assistance for the support of any department program is subject to the approval of the
415 executive director.
416 (3) If any executive or legislative provision of the federal government so requires, as a
417 condition to participation by this state in any fund, property, or service, the executive director,
418 with the governor's approval, shall expend whatever funds are necessary out of the moneys
419 provided by the Legislature for use and disbursement by that department.
420 Section 9. Section 62A-3-104 is amended to read:
421 62A-3-104. Authority of division.
422 (1) The division is the sole state agency, as defined by the Older Americans Act of
423 1965, 42 U.S.C. 3001 et seq., to serve as an effective and visible advocate for the aging and
424 adult population of this state, to develop and administer a state plan under the policy direction
425 of the board, and to take primary responsibility for state activities relating to provisions of the
426 Older Americans Act of 1965, as amended.
427 (2) (a) The division has authority to designate planning and service areas for the state,
428 and to designate an area agency on aging within each planning and service area to design and

429 implement a comprehensive and coordinated system of services and programs for the aged
430 within appropriations from the Legislature.
431 (b) Designation as an area agency on aging may be withdrawn:
432 (i) upon request of the area agency on aging; or
433 (ii) upon noncompliance with the provisions of the Older Americans Act of 1965, 42
434 U.S.C. 3001 et seq., the federal regulations enacted under that act, the provisions of this
435 chapter, or the rules, policies, or procedures established by the division.
436 (3) (a) The division has the authority to designate planning and service areas for the
437 state and to designate an area agency on high risk adults within each planning and service area
438 in accordance with Subsection (3)(b) to design and implement a comprehensive and
439 coordinated system of case management and programs for high risk adults within
440 appropriations from the Legislature.
441 (b) Before October 1, 1998, the division shall designate as the area agency on high risk
442 adults in a planning and service area:
443 (i) the area agency on aging that operates within the same geographic area if that
444 agency has requested, before July 1, 1998, to expand its current contract with the division to
445 include the responsibility of:
446 (A) being the area agency on high risk adults; or
447 (B) operating the area agency on high risk adults through joint cooperation with one or
448 more existing area agencies on aging without reducing geographical coverage in any service
449 area; or
450 (ii) a public or private nonprofit agency or office if the area agency on aging that
451 operates within the same geographic area has not made a request in accordance with Subsection
452 (3)(b)(i).
453 (c) Area agencies on high risk adults shall be in operation before July 1, 1999. The
454 division's efforts to establish area agencies on high risk adults shall start with counties with a
455 population of more than 150,000 people.
456 (d) Designation as an area agency on high risk adults may be withdrawn:
457 (i) upon request by the area agency; or
458 (ii) upon noncompliance with state or federal laws, or rules, policies, or procedures
459 established by the division.

460 (4) The division [has authority to] may, by following the procedures and requirements
461 of Title 63, Chapter 38e, Federal Funds Procedures, seek federal grants, loans, or participation
462 in federal programs and receive and distribute state and federal funds for the division's
463 programs and services to the aging and adult populations of the state.
464 (5) The division has authority to establish, either directly or by contract, programs of
465 advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
466 quality of life for aging and adult citizens of the state.
467 (6) In accordance with the rules of the division and Title 63, Chapter 56, Utah
468 Procurement Code, the division may:
469 (a) contract with the governing body of an area agency to provide a comprehensive
470 program of services; and
471 (b) contract with public and private entities for special services.
472 (7) The division has authority to provide for collection, compilation, and dissemination
473 of information, statistics, and reports relating to issues facing aging and adult citizens.
474 (8) The division has authority to prepare and submit reports regarding the operation
475 and administration of the division to the department, the Legislature, and the governor, as
476 requested.
477 (9) The division shall:
478 (a) implement and enforce policies established by the board governing all aspects of
479 the division's programs for aging and adult persons in the state;
480 (b) monitor and evaluate programs provided by or under contract with the division,
481 area agencies, and any entity that receives funds from an area agency to ensure compliance with
482 all applicable state and federal statutes, policies, and procedures;
483 (c) examine expenditures of public funds;
484 (d) withhold funds from programs based on contract noncompliance;
485 (e) review and approve plans of area agencies in order to ensure compliance with
486 division policies and to ensure a statewide comprehensive program;
487 (f) promote and establish cooperative relationships with state and federal agencies,
488 social and health agencies, education and research organizations, and other related groups in
489 order to further programs for aging and adult persons, and prevent duplication of services;
490 (g) advocate for the aging and adult populations;

491 (h) promote and conduct research on the problems and needs of aging and adult
492 persons, and submit recommendations for changes in policies, programs, and funding to the
493 governor and the Legislature; and
494 (i) (i) accept contributions to and administer the funds contained in the "Out and
495 About" Homebound Transportation Assistance Fund created in Section 62A-3-110 ; and
496 (ii) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
497 Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
498 Transportation Assistance Fund in accordance with Section 62A-3-110 .
499 Section 10. Section 63-34-15 is amended to read:
500 63-34-15. Outdoor recreation facilities -- Participation in federal programs.
501 (1) The Legislature finds that the state of Utah and its political subdivisions should
502 enjoy the benefits of federal assistance programs for the planning and development of the
503 outdoor recreation resources of the state, including the acquisition of lands and waters and
504 interests [therein] in land and water. [It is the purpose of this act to provide authority to enable
505 the state of Utah and its political subdivisions to participate in the benefits of such programs,
506 by and through the
507 executive director of natural resources, under the direction of the governor, or such other agent
508 or agencies as the governor may from time to time designate.]
509 (2) To accomplish those purposes, the executive director of the Department of Natural
510 Resources may, by following the procedures and requirements of Title 63, Chapter 38e, Federal
511 Funds Procedures, seek federal grants, loans, or participation in federal programs.
512 Section 11. Section 63-34-17 is amended to read:
513 63-34-17. Outdoor recreation facilities -- Powers of executive director to obtain
514 federal aid.
515 The executive director of natural resources may, by following the procedures and
516 requirements of Title 63, Chapter 38e, Federal Funds Procedures, apply to any appropriate
517 agency or officer of the United States for participation in or the receipt of aid from any federal
518 program respecting outdoor recreation. He may, in cooperation with other state agencies and
519 after obtaining the approvals required by Title 63, Chapter 38e, Federal Funds Procedures,
520 enter into contracts and agreements with the United States or any appropriate agency thereof
521 [with the approval of the governor], keep financial and other records relating thereto, and

522 furnish to appropriate officials and agencies of the United States such reports and information
523 as may be reasonably necessary to enable such officials and agencies to perform their duties
524 under such programs. In connection with obtaining the benefits of any such program, the
525 executive director of natural resources shall coordinate the department's activities with and
526 represent the interests of all agencies and subdivisions of the state having interests in the
527 planning, development, and maintenance of outdoor recreation resources and facilities.
528 Section 12. Section 63-34-101 is amended to read:
529 63-34-101. Utah Energy Office created -- Utah Energy Office duties.
530 (1) There is created within the department the Utah Energy Office.
531 (2) The Utah Energy Office shall:
532 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
533 Funds Procedures, seek federal grants, loans, or participation in federal programs, and, in
534 accordance with applicable federal program guidelines, administer federally funded state
535 programs regarding:
536 (i) renewable energy;
537 (ii) energy efficiency; and
538 (iii) energy conservation;
539 (b) coordinate and facilitate the development and implementation of programs:
540 (i) for state buildings; and
541 (ii) relating to:
542 (A) procurement of energy;
543 (B) consumption of energy;
544 (C) conservation of energy; and
545 (D) efficient use of energy;
546 (c) if requested by the governor, prepare a state energy emergency plan in accordance
547 with Title 63, Chapter 53a, Energy Emergency Powers of Governor;
548 (d) participate in regulatory proceedings as appropriate to promote the development,
549 conservation, and efficient use of energy;
550 (e) coordinate state governmental functions regarding energy development and use;
551 (f) facilitate the development and implementation of policies and programs in the state
552 related to:

553 (i) energy production;
554 (ii) processing of energy;
555 (iii) use of energy; and
556 (iv) energy related technology;
557 (g) monitor federal laws and regulations related to:
558 (i) energy development;
559 (ii) processing of energy; or
560 (iii) use of energy;
561 (h) recommend state policy positions regarding energy to:
562 (i) the governor; or
563 (ii) the Legislature;
564 (i) represent the state on regional and national energy matters:
565 (i) at the initiative of the office; or
566 (ii) as requested by the governor;
567 (j) coordinate and consolidate energy resource data collection throughout state
568 government;
569 (k) provide the Legislature and the governor with:
570 (i) an annual report addressing the current status of energy markets in the state; and
571 (ii) an independent assessment of energy issues; and
572 (l) perform forecasts of state-level:
573 (i) energy production;
574 (ii) energy consumption; and
575 (iii) energy prices.
576 Section 13. Section 63-38-2 (Superseded 07/01/04) is amended to read:
577 63-38-2 (Superseded 07/01/04). Governor to submit budget to Legislature --
578 Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
579 estimated revenues.
580 (1) (a) The governor shall, within three days after the convening of the Legislature in
581 the annual general session, submit a budget for the ensuing fiscal year by delivering it to the
582 presiding officer of each house of the Legislature together with a schedule for all of the
583 proposed appropriations of the budget, clearly itemized and classified.

584 (b) The budget message shall include:
585 (i) a projection of estimated revenues and expenditures for the next fiscal year[.]; and
586 (ii) the source of all direct, indirect, or in-kind matching funds for all federal grants or
587 assistance programs included in the budget.
588 (2) At least 34 days before the submission of any budget, the governor shall deliver a
589 confidential draft copy of his proposed budget recommendations to the Office of the
590 Legislative Fiscal Analyst.
591 (3) (a) The budget shall contain a complete plan of proposed expenditures and
592 estimated revenues for the next fiscal year based upon the current fiscal year state tax laws and
593 rates.
594 (b) The budget may be accompanied by a separate document showing proposed
595 expenditures and estimated revenues based on changes in state tax laws or rates.
596 (4) The budget shall be accompanied by a statement showing:
597 (a) the revenues and expenditures for the last fiscal year;
598 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
599 funds of the state;
600 (c) an estimate of the state's financial condition as of the beginning and the end of the
601 period covered by the budget;
602 (d) a complete analysis of lease with an option to purchase arrangements entered into
603 by state agencies;
604 (e) the recommendations for each state agency for new full-time employees for the next
605 fiscal year; which recommendation should be provided also to the State Building Board under
606 Subsection 63A-5-103 (2);
607 (f) any explanation the governor may desire to make as to the important features of the
608 budget and any suggestion as to methods for the reduction of expenditures or increase of the
609 state's revenue; and
610 (g) the information detailing certain regulatory fee increases required by Section
611 63-38-3.2 .
612 (5) The budget shall include an itemized estimate of the appropriations for:
613 (a) the Legislative Department as certified to the governor by the president of the
614 Senate and the speaker of the House;

615 (b) the Executive Department;
616 (c) the Judicial Department as certified to the governor by the state court administrator;
617 (d) payment and discharge of the principal and interest of the indebtedness of the state;
618 (e) the salaries payable by the state under the Utah Constitution or under law for the
619 lease agreements planned for the next fiscal year;
620 (f) other purposes that are set forth in the Utah Constitution or under law; and
621 (g) all other appropriations.
622 (6) Deficits or anticipated deficits shall be included in the budget.
623 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
624 require from the proper state officials, including public and higher education officials, all heads
625 of executive and administrative departments and state institutions, bureaus, boards,
626 commissions, and agencies expending or supervising the expenditure of the state moneys, and
627 all institutions applying for state moneys and appropriations, itemized estimates of revenues
628 and expenditures.
629 (ii) (A) The governor may also require other information under these guidelines and at
630 times as the governor may direct.
631 (B) These guidelines may include a requirement for program productivity and
632 performance measures, where appropriate, with emphasis on outcome indicators.
633 (b) The estimate for the Legislative Department as certified by the presiding officers of
634 both houses shall be included in the budget without revision by the governor.
635 (c) The estimate for the Judicial Department, as certified by the state court
636 administrator, shall also be included in the budget without revision, but the governor may make
637 separate recommendations on it.
638 (d) The governor may require the attendance at budget meetings of representatives of
639 public and higher education, state departments and institutions, and other institutions or
640 individuals applying for state appropriations.
641 (e) The governor may revise all estimates, except those relating to the Legislative
642 Department, the Judicial Department, and those providing for the payment of principal and
643 interest to the state debt and for the salaries and expenditures specified by the Utah
644 Constitution or under the laws of the state.
645 (8) The total appropriations requested for expenditures authorized by the budget may

646 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
647 fiscal year.
648 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
649 does not affect the budget itself or any other item in it.
650 (10) (a) In submitting the budgets for the Departments of Health and Human Services
651 and the Office of the Attorney General, the governor shall consider a separate recommendation
652 in his budget for funds to be contracted to:
653 (i) local mental health authorities under Section 62A-15-110 ;
654 (ii) local substance abuse authorities under Section 62A-15-110 ;
655 (iii) area agencies under Section 62A-3-104.2 ;
656 (iv) programs administered directly by and for operation of the Divisions of Substance
657 Abuse and Mental Health and Aging and Adult Services;
658 (v) local health departments under Title 26A, Chapter 1, Local Health [Department
659 Act] Departments; and
660 (vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
661 (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
662 governor shall consider an amount sufficient to grant local health departments, local mental
663 health authorities, local substance abuse authorities, and area agencies the same percentage
664 increase for wages and benefits that he includes in his budget for persons employed by the
665 state.
666 (c) If the governor does not include in his budget an amount sufficient to grant the
667 increase described in Subsection (10)(b), he shall include a message to the Legislature
668 regarding his reason for not including that amount.
669 (11) (a) In submitting the budget for the Division of Services for People with
670 Disabilities, the Division of Child and Family Services, and the Division of Youth Corrections
671 within the Department of Human Services, the governor shall consider an amount sufficient to
672 grant employees of corporations that provide direct services under contract with those
673 divisions, the same percentage increase for cost-of-living that he includes in his budget for
674 persons employed by the state.
675 (b) If the governor does not include in his budget an amount sufficient to grant the
676 increase described in Subsection (11)(a), he shall include a message to the Legislature

677 regarding his reason for not including that amount.
678 (12) (a) The Families, Agencies, and Communities Together Council may propose to
679 the governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative
680 service delivery systems operated under Section 63-75-6.5 .
681 (b) The Legislature may, through a specific program schedule, designate funds
682 appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .
683 (13) The governor shall include in his budget the state's portion of the budget for the
684 Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
685 Communications Agency Network Act.
686 (14) In adopting a budget for each fiscal year, the Legislature shall consider an amount
687 sufficient to grant local health departments, local mental health authorities, local substance
688 abuse authorities, and area agencies on aging the same percentage increase for wages and
689 benefits that is included in the budget for persons employed by the state.
690 Section 14. Section 63-38-2 (Effective 07/01/04) is amended to read:
691 63-38-2 (Effective 07/01/04). Governor to submit budget to Legislature --
692 Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
693 estimated revenues.
694 (1) (a) The governor shall, within three days after the convening of the Legislature in
695 the annual general session, submit a budget for the ensuing fiscal year by delivering it to the
696 presiding officer of each house of the Legislature together with a schedule for all of the
697 proposed appropriations of the budget, clearly itemized and classified.
698 (b) The budget message shall include:
699 (i) a projection of estimated revenues and expenditures for the next fiscal year[.]; and
700 (ii) the source of all direct, indirect, or in-kind matching funds for all federal grants or
701 assistance programs included in the budget.
702 (2) At least 34 days before the submission of any budget, the governor shall deliver a
703 confidential draft copy of his proposed budget recommendations to the Office of the
704 Legislative Fiscal Analyst.
705 (3) (a) The budget shall contain a complete plan of proposed expenditures and
706 estimated revenues for the next fiscal year based upon the current fiscal year state tax laws and
707 rates.

708 (b) The budget may be accompanied by a separate document showing proposed
709 expenditures and estimated revenues based on changes in state tax laws or rates.
710 (4) The budget shall be accompanied by a statement showing:
711 (a) the revenues and expenditures for the last fiscal year;
712 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
713 funds of the state;
714 (c) an estimate of the state's financial condition as of the beginning and the end of the
715 period covered by the budget;
716 (d) a complete analysis of lease with an option to purchase arrangements entered into
717 by state agencies;
718 (e) the recommendations for each state agency for new full-time employees for the next
719 fiscal year; which recommendation should be provided also to the State Building Board under
720 Subsection 63A-5-103 (2);
721 (f) any explanation the governor may desire to make as to the important features of the
722 budget and any suggestion as to methods for the reduction of expenditures or increase of the
723 state's revenue; and
724 (g) the information detailing certain regulatory fee increases required by Section
725 63-38-3.2 .
726 (5) The budget shall include an itemized estimate of the appropriations for:
727 (a) the Legislative Department as certified to the governor by the president of the
728 Senate and the speaker of the House;
729 (b) the Executive Department;
730 (c) the Judicial Department as certified to the governor by the state court administrator;
731 (d) payment and discharge of the principal and interest of the indebtedness of the state;
732 (e) the salaries payable by the state under the Utah Constitution or under law for the
733 lease agreements planned for the next fiscal year;
734 (f) other purposes that are set forth in the Utah Constitution or under law; and
735 (g) all other appropriations.
736 (6) Deficits or anticipated deficits shall be included in the budget.
737 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
738 require from the proper state officials, including public and higher education officials, all heads

739 of executive and administrative departments and state institutions, bureaus, boards,
740 commissions, and agencies expending or supervising the expenditure of the state moneys, and
741 all institutions applying for state moneys and appropriations, itemized estimates of revenues
742 and expenditures.
743 (ii) (A) The governor may also require other information under these guidelines and at
744 times as the governor may direct.
745 (B) These guidelines may include a requirement for program productivity and
746 performance measures, where appropriate, with emphasis on outcome indicators.
747 (b) The estimate for the Legislative Department as certified by the presiding officers of
748 both houses shall be included in the budget without revision by the governor.
749 (c) The estimate for the Judicial Department, as certified by the state court
750 administrator, shall also be included in the budget without revision, but the governor may make
751 separate recommendations on it.
752 (d) The governor may require the attendance at budget meetings of representatives of
753 public and higher education, state departments and institutions, and other institutions or
754 individuals applying for state appropriations.
755 (e) The governor may revise all estimates, except those relating to the Legislative
756 Department, the Judicial Department, and those providing for the payment of principal and
757 interest to the state debt and for the salaries and expenditures specified by the Utah
758 Constitution or under the laws of the state.
759 (8) The total appropriations requested for expenditures authorized by the budget may
760 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
761 fiscal year.
762 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
763 does not affect the budget itself or any other item in it.
764 (10) (a) In submitting the budgets for the Departments of Health and Human Services
765 and the Office of the Attorney General, the governor shall consider a separate recommendation
766 in his budget for funds to be contracted to:
767 (i) local mental health authorities under Section 62A-15-110 ;
768 (ii) local substance abuse authorities under Section 62A-15-110 ;
769 (iii) area agencies under Section 62A-3-104.2 ;

770 (iv) programs administered directly by and for operation of the Divisions of Substance
771 Abuse and Mental Health and Aging and Adult Services;
772 (v) local health departments under Title 26A, Chapter 1, Local Health [Department
773 Act] Departments; and
774 (vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
775 (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
776 governor shall consider an amount sufficient to grant local health departments, local mental
777 health authorities, local substance abuse authorities, and area agencies the same percentage
778 increase for wages and benefits that he includes in his budget for persons employed by the
779 state.
780 (c) If the governor does not include in his budget an amount sufficient to grant the
781 increase described in Subsection (10)(b), he shall include a message to the Legislature
782 regarding his reason for not including that amount.
783 (11) (a) In submitting the budget for the Division of Services for People with
784 Disabilities, the Division of Child and Family Services, and the Division of Juvenile Justice
785 Services within the Department of Human Services, the governor shall consider an amount
786 sufficient to grant employees of corporations that provide direct services under contract with
787 those divisions, the same percentage increase for cost-of-living that he includes in his budget
788 for persons employed by the state.
789 (b) If the governor does not include in his budget an amount sufficient to grant the
790 increase described in Subsection (11)(a), he shall include a message to the Legislature
791 regarding his reason for not including that amount.
792 (12) (a) The Families, Agencies, and Communities Together Council may propose to
793 the governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative
794 service delivery systems operated under Section 63-75-6.5 .
795 (b) The Legislature may, through a specific program schedule, designate funds
796 appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .
797 (13) The governor shall include in his budget the state's portion of the budget for the
798 Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
799 Communications Agency Network Act.
800 (14) In adopting a budget for each fiscal year, the Legislature shall consider an amount

801 sufficient to grant local health departments, local mental health authorities, local substance
802 abuse authorities, and area agencies on aging the same percentage increase for wages and
803 benefits that is included in the budget for persons employed by the state.
804 Section 15. Section 63-38-11.5 is enacted to read:
805 63-38-11.5. Reduction in federal funds -- Agencies to reduce budgets.
806 (1) In any fiscal year in which federal grants to be received by state agencies,
807 departments, divisions, or institutions are reduced below the level estimated in the
808 appropriations acts for that year, the programs supported by those grants must be reduced
809 commensurate with the amount of the federal reduction unless the Legislature appropriates
810 state funds to offset the loss in federal funding.
811 (2) This program modification shall be reported to the Legislature through the
812 Executive Appropriations Committee and the Office of the Legislative Fiscal Analyst.
813 Section 16. Section 63-38d-301 is amended to read:
814 63-38d-301. Budget duties of the director and office.
815 (1) The director and the office shall:
816 (a) comply with the procedures and requirements of Title 63, Chapter 38, Budgetary
817 Procedures Act;
818 (b) under the direct supervision of the governor, assist the governor in the preparation
819 of the governor's budget recommendations;
820 (c) advise the governor with regard to approval or revision of agency work programs as
821 specified in Section 63-38-11 ; and
822 (d) perform other duties and responsibilities as assigned by the governor.
823 (2) (a) The director of the Governor's Office of Planning and Budget or the director's
824 designee is the Federal Assistance Management Officer.
825 (b) In acting as the Federal Assistance Management Officer, the director or designee
826 shall:
827 (i) study the administration and effect of federal assistance programs in the state and
828 advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
829 the Executive Appropriations Committee, of alternative recommended methods and procedures
830 for the administration of these programs;
831 (ii) assist in the coordination of federal assistance programs that involve or are

832 administered by more than one state agency; and
833 (iii) analyze and advise on applications for new federal assistance programs submitted
834 to the governor for approval as required by Chapter 38e, Federal Funds Procedures.
835 Section 17. Section 63-38e-101 is enacted to read:
836 CHAPTER 38e. FEDERAL FUNDS PROCEDURES
837 Part 1. General Provisions
838 63-38e-101. Definitions.
839 (1) As used in this chapter:
840 (a) (i) "Agency" means a department, division, committee, commission, council, court,
841 or other administrative subunit of the state.
842 (ii) "Agency" includes executive branch entities and judicial branch entities.
843 (iii) "Agency" does not mean higher education institutions or political subdivisions.
844 (b) (i) "Federal funds" means cash or other monies received from the United States
845 government or from other individuals or entities for or on behalf of the United States and
846 deposited with the state treasurer or any agency of the state.
847 (ii) "Federal funds" includes federal assistance and federal assistance programs,
848 however described.
849 (iii) "Federal funds" does not include monies received from the United States
850 government to reimburse the state for monies expended by the state.
851 (c) "Federal funds reauthorization" means the formal submission from an agency to the
852 federal government:
853 (i) applying for or seeking reauthorization of federal funds; or
854 (ii) applying for or seeking reauthorization to participate in a federal program that will
855 result in federal funds being transferred to an agency.
856 (d) "Federal funds request summary" means a document detailing:
857 (i) the amount of money that is being requested or is available to be received by the
858 state from the federal government for each federal funds reauthorization or new federal funds
859 request;
860 (ii) those federal funds reauthorizations and new federal funds requests that are
861 included as part of the agency's proposed budget for the fiscal year, and the amount of those
862 requests;

863 (iii) the amount of new state monies, if any, that will be required to receive the federal
864 funds or participate in the federal program;
865 (iv) the number of additional permanent full-time employees, additional permanent
866 part-time employees, or combination of additional permanent full-time employees and
867 additional permanent part-time employees, if any, that the state estimates are needed in order to
868 receive the federal funds or participate in the federal program; and
869 (v) any requirements that the state must meet as a condition for receiving the federal
870 funds or participating in the federal program.
871 (e) "Federal maintenance of effort requirements" means any matching, level of effort,
872 or earmarking requirements, as defined in Office of Management and Budget Circular A-133,
873 Compliance Requirement G, that are imposed on an agency as a condition of receiving federal
874 funds.
875 (f) "New federal funds" means:
876 (i) federal assistance or other federal funds that are available from the federal
877 government and that the state is not currently receiving;
878 (ii) a federal assistance program or other federal program in which the state is not
879 currently participating;
880 (iii) each federal funds reauthorization that would require the state, as a condition for
881 receiving the federal funds, to:
882 (A) add additional permanent full-time employees, permanent part-time employees, or
883 combination of additional permanent full-time employees and permanent part-time employees;
884 (B) increase the amount of state matching funds required to receive the federal funds or
885 participate in the federal program; or
886 (C) comply with new requirements in order to receive the federal funds or participate
887 in the federal program.
888 (g) "New federal funds request" means the formal submission from an agency to the
889 federal government:
890 (i) applying for or otherwise seeking to obtain new federal funds;
891 (ii) applying for or seeking to participate in a new federal program that will result in
892 federal funds being transferred to an agency.
893 (h) (i) "New state monies" means monies, whether specifically appropriated by the

894 legislature or not, that the federal government requires Utah to expend as a condition for
895 receiving the federal funds or participating in the federal program.
896 (ii) "New state monies" includes monies expended to meet federal maintenance of
897 effort requirements.
898 (i) "Pass through federal funds" means federal funds provided to an agency that are
899 distributed to local governments or private entities without being used by the agency.
900 (j) "State" means the state of Utah and all of its agencies, and any administrative
901 subunits of those agencies.
902 (2) When this chapter describes an employee as a "permanent full time employee" or a
903 "permanent part-time employee," it is not intended to, and may not be construed to, affect the
904 employee's status as an at-will employee.
905 Section 18. Section 63-38e-102 is enacted to read:
906 63-38e-102. Scope and applicability of chapter.
907 (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
908 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
909 this chapter apply to each agency and govern each federal funds request.
910 (2) This chapter does not govern federal funds requests for:
911 (a) the Medical Assistance Program, commonly known as Medicaid;
912 (b) the Children's Health Insurance Program;
913 (c) the Women, Infant, and Children program;
914 (d) the Temporary Assistance to Needy Families program;
915 (e) Social Security Act monies;
916 (f) the Substance Abuse Prevention and Treatment program;
917 (g) Child Care Block grants;
918 (h) Food Stamp Administration and Training monies;
919 (i) Unemployment Insurance Operations monies;
920 (j) Federal Highway Administration monies;
921 (k) the Utah National Guard; or
922 (l) pass through federal funds.
923 (3) The governor need not seek legislative review or approval of federal funds received
924 by the state when the governor has declared a state of emergency and the federal funds are

925 received to assist disaster victims under Subsection 63-5a-3 (2).
926 Section 19. Section 63-38e-201 is enacted to read:
927 Part 2. Federal Funds Review and Approval
928 63-38e-201. Legislative Appropriation Subcommittees to review certain federal
929 funds reauthorizations -- Executive Appropriations review -- Legislative approval.
930 (1) The Governor's Office of Planning and Budget shall annually prepare and submit a
931 federal funds request summary for each agency to the Legislative Fiscal Analyst at the same
932 time the governor submits the confidential draft budget under Section 63-38-2 .
933 (2) (a) The Legislative Fiscal Analyst shall submit a federal funds request summary for
934 each agency to the legislative appropriations subcommittee responsible for that agency's budget
935 for review during each annual general session.
936 (b) Each legislative appropriations subcommittees shall review the federal funds
937 request summary and may:
938 (i) recommend that the agency accept the federal funds or participate in the federal
939 program for the fiscal year under consideration; or
940 (ii) recommend that the agency not accept the federal funds or not participate in the
941 federal program for the fiscal year under consideration.
942 (3) The Legislative Executive Appropriations Committee shall:
943 (a) review each subcommittee's recommendation;
944 (b) determine whether or not the agency should be authorized to accept the federal
945 funds or participate in the federal program; and
946 (c) direct the Legislative Fiscal Analyst to include those federal funds and federal
947 programs that the committee approves in the annual appropriations act for approval by the
948 Legislature.
949 Section 20. Section 63-38e-202 is enacted to read:
950 63-38e-202. Governor to approve certain new federal funds requests.
951 (1) (a) Before obligating the state to accept or receive new federal funds or to
952 participate in a new federal program, and no later than three months after submitting a new
953 federal funds request, and, where possible, before formally submitting the new federal funds
954 request, an executive branch agency shall submit a federal funds request summary to the
955 governor or the governor's designee for approval or rejection when:

956 (i) the state will receive total payments of $1,000,000 or less per year if the new federal
957 funds request is approved;
958 (ii) receipt of the new federal funds will require no additional permanent full-time
959 employees, permanent part-time employees, or combination of additional permanent full-time
960 employees and permanent part-time employees; and
961 (iii) no new state monies will be required to match the new federal funds or to
962 implement the new federal program for which the grant is issued.
963 (b) The Governor's Office of Planning and Budget shall report each new federal funds
964 request that is approved by the governor or the governor's designee and each new federal funds
965 request granted by the federal government to:
966 (i) the Legislature's Executive Appropriations Committee;
967 (ii) the Office of the Legislative Fiscal Analyst; and
968 (iii) the Office of Legislative Research and General Counsel.
969 (2) The governor or the governor's designee shall approve or reject each new federal
970 funds request submitted under the authority of this section.
971 (3) (a) If the governor or the governor's designee approves the new federal funds
972 request, the executive branch agency may accept the new federal funds or participate in the new
973 federal program.
974 (b) If the governor or the governor's designee rejects the new federal funds request, the
975 executive branch agency may not accept the new federal funds or participate in the new federal
976 program.
977 (4) If an executive branch agency fails to obtain the governor's or the governor's
978 designee's approval under this section, the governor may require the agency to:
979 (a) withdraw the new federal funds request;
980 (b) return the federal funds;
981 (c) withdraw from the federal program; or
982 (d) any combination of Subsections (4)(a), (4)(b), and (4)(c).
983 Section 21. Section 63-38e-203 is enacted to read:
984 63-38e-203. Judicial council to approve certain new federal funds requests.
985 (1) (a) Before obligating the state to accept or receive new federal funds or to
986 participate in a new federal program, and no later than three months after submitting a new

987 federal funds request, and, where possible, before formally submitting the new federal funds
988 request, a judicial branch agency shall submit a federal funds request summary to the Judicial
989 Council for its approval or rejection when:
990 (i) the state will receive total payments of $1,000,000 or less per year if the new federal
991 funds request is approved;
992 (ii) receipt of the new federal funds will require no additional permanent full-time
993 employees, additional permanent part-time employees, or combination of additional permanent
994 full-time employees and permanent part-time employees; and
995 (iii) no new state monies will be required to match the new federal funds or to
996 implement the new federal program for which the grant is issued.
997 (b) The Judicial Council shall report each new federal funds request that is approved by
998 it and each new federal funds request granted by the federal government to:
999 (i) the Legislature's Executive Appropriations Committee;
1000 (ii) the Office of the Legislative Fiscal Analyst; and
1001 (iii) the Office of Legislative Research and General Counsel.
1002 (2) The Judicial Council shall approve or reject each new federal funds request
1003 submitted to it under the authority of this section.
1004 (3) (a) If the Judicial Council approves the new federal funds request, the judicial
1005 branch agency may accept the new federal funds or participate in the new federal program.
1006 (b) If the Judicial Council rejects the new federal funds request, the judicial branch
1007 agency may not accept the new federal funds or participate in the new federal program.
1008 (4) If a judicial branch agency fails to obtain the Judicial Council's approval under this
1009 section, the Judicial Council may require the agency to:
1010 (a) withdraw the new federal funds request;
1011 (b) return the federal funds;
1012 (c) withdraw from the federal program; or
1013 (d) any combination of Subsections (4)(a), (4)(b), and (4)(c).
1014 Section 22. Section 63-38e-204 is enacted to read:
1015 63-38e-204. Legislative review and approval of certain new federal funds
1016 requests.
1017 (1) As used in this section:

1018 (a) "High impact federal funds request" means a new federal funds request that will or
1019 could:
1020 (i) result in the state receiving total payments of $10,000,000 or more per year from the
1021 federal government;
1022 (ii) require the state to add 11 or more permanent full-time employees, 11 or more
1023 permanent part-time employees, or combination of permanent full-time and permanent
1024 part-time employees equal to 11 or more in order to receive the new federal funds or participate
1025 in the new federal program; or
1026 (iii) require the state to expend more than $1,000,000 of new state monies in a fiscal
1027 year in order to receive or administer the new federal funds or participate in the new federal
1028 program.
1029 (b) "Medium impact federal funds request" means a new federal funds request that will
1030 or could:
1031 (i) result in the state receiving total payments of more than $1,000,000 but less than
1032 $10,000,000 per year from the federal government;
1033 (ii) require the state to add more than zero but less than 11 permanent full-time
1034 employees, more than zero but less than 11 permanent part-time employees, or a combination
1035 of permanent full-time employees and permanent part-time employees equal to more than zero
1036 but less than 11 in order to receive or administer the new federal funds or participate in the new
1037 federal program; or
1038 (iii) require the state to expend $1 to $1,000,000 of new state monies in a fiscal year in
1039 order to receive or administer the new federal funds or participate in the new federal program.
1040 (2) (a) Before obligating the state to accept or receive new federal funds or to
1041 participate in a new federal program under a medium impact federal funds request, and no later
1042 than three months after submitting a medium impact federal funds request, and, where possible,
1043 before formally submitting the medium impact federal funds request, an agency shall:
1044 (i) submit the federal funds request summary to the governor or the Judicial Council, as
1045 appropriate, for approval or rejection; and
1046 (ii) if the governor or Judicial Council approves the new federal funds request, submit
1047 the federal funds request summary to the Legislative Executive Appropriations Committee for
1048 its review and recommendations.

1049 (b) The Legislative Executive Appropriations Committee shall review the federal funds
1050 request summary and may:
1051 (i) recommend that the agency accept the new federal funds;
1052 (ii) recommend that the agency not accept the new federal funds; or
1053 (iii) recommend to the governor that the governor call a special session of the
1054 Legislature to review and approve or reject the acceptance of the new federal funds.
1055 (3) (a) Before obligating the state to accept or receive new federal funds or to
1056 participate in a new federal program under a high impact federal funds request, and no later
1057 than three months after submitting a high impact federal funds request, and, where possible,
1058 before formally submitting the high impact federal funds request, an agency shall:
1059 (i) submit the federal funds request summary to the governor or Judicial Council, as
1060 appropriate, for approval or rejection; and
1061 (ii) if the governor or Judicial Council approves the new federal funds request, submit
1062 the federal funds request summary to the Legislature for its approval or rejection in an annual
1063 general session or a special session.
1064 (b) (i) If the Legislature approves the new federal funds request, the agency may accept
1065 the new federal funds or participate in the new federal program.
1066 (ii) If the Legislature fails to approve the new federal funds request, the agency may not
1067 accept the new federal funds or participate in the new federal program.
1068 (c) If an agency fails to obtain the Legislature's approval under this Subsection (3):
1069 (i) the governor or Judicial Council, as appropriate, may require the agency to
1070 withdraw the new federal funds request or refuse or return the new federal funds;
1071 (ii) the Legislature may, if federal law allows, opt out or decline to participate in the
1072 new federal program or decline to receive the new federal funds; or
1073 (iii) the Legislature may reduce the agency's General Fund appropriation in an amount
1074 less than, equal to, or greater than the amount of federal funds received by the agency.
1075 Section 23. Section 63-47-7 is amended to read:
1076 63-47-7. Authority to accept funds, gifts, and donations.
1077 The commission may, subject to Title 63, Chapter 38e, Federal Funds Procedures,
1078 receive and accept federal funds, and receive and accept private gifts, donations, or funds from
1079 any source. All moneys shall be deposited with the state and shall be continuously available to

1080 the commission to carry out the purposes of this act.
1081 Section 24. Section 65A-8-1.2 is amended to read:
1082 65A-8-1.2. Urban and community forestry program.
1083 (1) An urban and community forestry program is created within the division.
1084 (2) The purpose of the program is to encourage the planting and maintenance of trees
1085 within municipalities and unincorporated communities.
1086 (3) The division may:
1087 (a) advise and assist municipalities, counties, and other public and private entities in
1088 developing and coordinating policies, programs, and activities promoting urban and
1089 community forestry;
1090 (b) receive, by following the procedures and requirements of Title 63, Chapter 38e,
1091 Federal Funds Procedures, federal funds for the urban and community forestry program; and
1092 (c) provide grants to municipalities and counties for urban and community forestry
1093 programs and cooperative projects.
1094 (4) The division shall:
1095 (a) develop a public education program to inform tree care professionals and citizens of
1096 the hazards involved with the planting of new trees and the maintenance of existing trees near
1097 overhead power lines and highways; and
1098 (b) develop and implement a program of public awareness to inform citizens about the
1099 benefits of planting trees in urban areas and how to maintain trees.
1100 Section 25. Section 71-7-3 is amended to read:
1101 71-7-3. Development, operation, and maintenance of Utah Veterans' Cemetery
1102 and Memorial Park -- Responsibilities of Division of Veterans' Affairs -- Costs --
1103 Definition.
1104 (1) The Division of Veterans' Affairs, in consultation with the Veterans' Memorial Park
1105 Board, shall develop, operate, and maintain a veterans' cemetery and memorial park.
1106 (2) To help pay the costs of developing, constructing, operating, and maintaining a
1107 veterans' cemetery and memorial park, the Division of Veterans' Affairs may:
1108 (a) by following the procedures and requirements of Title 63, Chapter 38e, Federal
1109 Funds Procedures, receive federal funds, and may receive state funds, contributions from
1110 veterans' organizations, and other private donations; and

1111 (b) charge fees for at least the cost of the burial of veterans' spouses and other persons,
1112 whom the division and the Veterans' Memorial Park Board determines are eligible to be buried
1113 in a veterans' cemetery established by the state.
1114 (3) As used in this chapter, "veteran" has the same meaning as in Section 71-8-1 .
1115 Section 26. Section 72-7-206 is amended to read:
1116 72-7-206. Screening of existing junkyards.
1117 (1) The department shall screen any junkyard lawfully in existence on May 9, 1967,
1118 which is located within 1,000 feet of the nearest edge of the right-of-way and visible from the
1119 main-traveled-way of any highway on the interstate or primary system.
1120 (2) The screening shall be at locations on the right-of-way or in areas outside the
1121 right-of-way acquired for that purpose and may not be visible from the main-traveled-way of
1122 the interstate or federal-aid primary systems.
1123 (3) The department may not install junkyard screening under this section unless:
1124 (a) the necessary federal funds for participation have been appropriated by the federal
1125 government and are immediately available to the state[.]; and
1126 (b) the department has received approval to seek federal grants, loans, or participation
1127 in federal programs under Title 63, Chapter 38e, Federal Funds Procedures.
1128 Section 27. Section 72-7-207 is amended to read:
1129 72-7-207. Junkyards not adaptable to screening -- Authority of department to
1130 acquire land -- Compensation.
1131 (1) If the department determines that the topography of the land adjoining the interstate
1132 and primary systems will not permit adequate screening of junkyards or that screening would
1133 not be economically feasible, the department may acquire by gift, purchase, exchange, or
1134 eminent domain the interests in lands necessary to secure the relocation, removal, or disposal
1135 of the junkyards.
1136 (2) If the department determines that it is in the best interests of the state, it may
1137 acquire lands, or interests in lands, necessary to provide adequate screening of junkyards.
1138 (3) The acquisitions provided for in this section may not be undertaken unless:
1139 (a) the necessary federal funds for participation have been appropriated by the federal
1140 government and are immediately available to the state[.]; and
1141 (b) the department has received approval to seek federal grants, loans, or participation

1142 in federal programs under Title 63, Chapter 38e, Federal Funds Procedures.
1143 (4) Damages resulting from any taking of property in eminent domain shall be
1144 ascertained in the manner provided by law.
1145 (5) Just compensation shall be paid the owner for the relocation, removal, or disposal
1146 of a junkyard lawfully established under the laws of this state and which must be relocated,
1147 removed, or disposed of under this part.
1148 Section 28. Repealer.
1149 This bill repeals:
1150 Section 63-40-1, Purposes of chapter.
1151 Section 63-40-2, Federal assistance management officer -- Duties.
1152 Section 63-40-3, Governor authorized to accept funds -- Designation of state
1153 agency -- Identification of federal grants or assistance programs.
1154 Section 63-40-4, Applications for funds by state agencies -- Approval.
1155 Section 63-40-5, Reports by participating state agencies.
1156 Section 63-40-6, Reduction in programs supported by federal grants required.
1157 Section 63-40-7, Executive Appropriations Committee -- Oversight of federal
1158 assistance -- Meeting with congressional leaders.
1159 Section 29. Effective date.
1160 This bill takes effect on May 3, 2004, except that the amendments to Section 63-38-2
1161 (Effective 07/01/04) take effect on July 1, 2004.