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H.B. 249





Chief Sponsor: Jeremy A. Peterson

Senate Sponsor: Wayne A. Harper

             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Employment Support Act by amending provisions related to the
             10      Refugee Services Fund.
             11      Highlighted Provisions:
             12          This bill:
             13          .    provides that the restricted special revenue fund known as the Refugee Services
             14      Fund is administered with input from the Department of Workforce Services instead
             15      of the department's Housing and Community Development Division; and
             16          .    makes technical changes.
             17      Money Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          35A-3-116, as last amended by Laws of Utah 2012, Chapters 212 and 246
             25      Be it enacted by the Legislature of the state of Utah:
             26          Section 1. Section 35A-3-116 is amended to read:
             27           35A-3-116. Restricted special revenue fund -- Use of money -- Committee and

             28      director duties -- Restrictions.
             29          (1) There is created a restricted special revenue fund, known as the "Refugee Services
             30      Fund[," hereafter referred to in this section as "the fund]."
             31          (2) The director [or the director's designee, hereafter referred to in this section as the
             32      director,] shall administer the fund with input from [the Housing and Community Development
             33      Division, including any advisory committees within the Housing and Community Development
             34      Division that deal with refugee services issues] the department and any advisory committee
             35      involved with the provision of refugee services within the department.
             36          (3) (a) Money shall be deposited into the fund from [numerous sources, including]
             37      legislative appropriations, federal grants, private foundations, and individual donors.
             38          (b) The director shall encourage a refugee who receives services [from activities]
             39      funded under Subsection (8) to [become] be a donor to the fund [once] when the refugee's
             40      financial situation improves [to the point where the refugee is capable of making] sufficiently
             41      to make a donation.
             42          (4) [The] Except for money restricted to a specific use under federal law or by a donor,
             43      the director may not [expend] spend money [in] from the fund [that is not restricted to a
             44      specific use under federal law or by donors] without the input [from the Housing and
             45      Community Development Division, either directly or through an advisory committee
             46      identified] described in Subsection (2).
             47          (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
             48      State Money Management Act, and all interest or other earnings derived from the fund money
             49      shall be deposited in the fund.
             50          (6) [The money] Money in the fund may not be used by the director for administrative
             51      expenses.
             52          (7) If the [Housing and Community Development Division] department establishes a
             53      refugee services advisory committee [referred to] referenced in Subsection (2), [that] the
             54      committee may:
             55          (a) advise the director on refugee services needs in the state and on relevant operational
             56      aspects of any grant or revenue collection program established under this part;
             57          (b) recommend specific refugee projects to the director;
             58          (c) recommend policies and procedures for administering the fund;

             59          (d) make recommendations on grants made from the fund for [any of the] refugee
             60      services activities authorized under this section;
             61          (e) advise the director on the criteria by which grants [shall be made] from the fund
             62      shall be made;
             63          (f) recommend the order [in which] approved projects [would] should be funded;
             64          (g) make recommendations regarding the distribution of money from the fund in
             65      accordance with [the procedures, conditions, and restrictions placed upon money in the fund by
             66      donors] federal or donor restrictions; and
             67          (h) have joint responsibility to solicit public and private funding for the fund.
             68          (8) The director may use fund money to:
             69          (a) train an existing refugee organization to develop its capacity to operate
             70      professionally and effectively and to become an independent, viable organization; or
             71          (b) provide grants to [an existing] refugee [organization] organizations and other
             72      entities identified in Subsection (9) to assist them:
             73          (i) with case management;
             74          (ii) in meeting emergency housing needs for refugees;
             75          (iii) in providing English language services;
             76          (iv) in providing interpretive services;
             77          (v) in finding and maintaining employment for refugees;
             78          (vi) in collaborating with the state's public education system to improve the
             79      involvement of refugee parents in assimilating their children into public schools;
             80          (vii) in meeting the health and mental health needs of refugees;
             81          (viii) in providing or arranging for child care services; or
             82          (ix) in administering refugee services.
             83          (9) [In addition to Subsection (8), the director with advice from the Housing and
             84      Community Development Division or its refugee services advisory committee, if one is
             85      created] The director, with the input described in Subsection (2), may grant fund money for
             86      refugee services outlined in Subsection (8) through a request for proposal process to:
             87          (a) local governments;
             88          (b) nonprofit community, charitable, or neighborhood-based organizations or private
             89      for-profit organizations [that deal solely or in part] involved with providing or arranging for the

             90      provision of refugee services; or
             91          (c) regional or statewide nonprofit organizations.
             92          (10) (a) The director shall enter into a written agreement with each successful grant
             93      applicant [that has].
             94          (b) The agreement shall include specific terms for each grant consistent with the
             95      provisions of this section [that includes], including the structure, amount, and nature of the
             96      grant.
             97          (11) The director shall monitor the activities of the recipients of grants issued from the
             98      fund on an annual basis to ensure compliance with the terms and conditions imposed on the
             99      recipient by the fund.
             100          (12) [An entity receiving a grant shall provide the director with] The director shall
             101      require an entity that receives a grant under this section to provide periodic accounting of how
             102      the money [it received from the fund was spent] was used.
             103          (13) The director shall submit an annual written report to the Economic Development
             104      and Workforce Services Interim Committee before November 1 regarding the status of the fund
             105      and [the] of programs and services funded by the fund.

Legislative Review Note
    as of 12-11-12 4:12 PM

Office of Legislative Research and General Counsel

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