7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Workforce Services Code by revising and updating Chapter
10 3, Employment Support Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ revises the Employment Support Act by:
14 • updating language;
15 • restructuring sections and parts;
16 • amending definitions; and
17 • adding cross-references;
18 ▸ amends assessment and counselor assignment provisions of the Family Employment
19 Program; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 35A-3-101, as last amended by Laws of Utah 1998, Chapter 1
28 35A-3-102, as last amended by Laws of Utah 2007, Chapter 235
29 35A-3-103, as last amended by Laws of Utah 2012, Chapter 212
30 35A-3-103.5, as last amended by Laws of Utah 2012, Chapter 305
31 35A-3-104, as renumbered and amended by Laws of Utah 1997, Chapter 174
32 35A-3-105, as last amended by Laws of Utah 2008, Chapter 382
33 35A-3-106, as last amended by Laws of Utah 2011, Chapter 297
34 35A-3-108, as last amended by Laws of Utah 2011, Chapter 297
35 35A-3-109, as renumbered and amended by Laws of Utah 1997, Chapter 174
36 35A-3-110, as renumbered and amended by Laws of Utah 1997, Chapter 174
37 35A-3-111, as last amended by Laws of Utah 2008, Chapter 382
38 35A-3-112, as renumbered and amended by Laws of Utah 1997, Chapter 174
39 35A-3-113, as renumbered and amended by Laws of Utah 1997, Chapter 174
40 35A-3-115, as last amended by Laws of Utah 2011, Chapter 188
41 35A-3-201, as last amended by Laws of Utah 2003, Chapter 13
42 35A-3-202, as last amended by Laws of Utah 2005, Chapter 81
43 35A-3-203, as last amended by Laws of Utah 2014, Chapter 371
44 35A-3-204, as renumbered and amended by Laws of Utah 1997, Chapter 375
45 35A-3-205, as last amended by Laws of Utah 2012, Chapter 212
46 35A-3-206, as last amended by Laws of Utah 2014, Chapter 371
47 35A-3-207, as last amended by Laws of Utah 2013, Chapters 167 and 413
48 35A-3-301, as enacted by Laws of Utah 1997, Chapter 174
49 35A-3-302, as last amended by Laws of Utah 2013, Chapter 112
50 35A-3-303, as enacted by Laws of Utah 1997, Chapter 174
51 35A-3-304, as last amended by Laws of Utah 2012, Chapter 354
52 35A-3-304.5, as enacted by Laws of Utah 2012, Chapter 354
53 35A-3-306, as last amended by Laws of Utah 2007, Chapter 51
54 35A-3-307, as last amended by Laws of Utah 2010, Chapter 296
55 35A-3-308, as last amended by Laws of Utah 2008, Chapter 3
56 35A-3-309, as last amended by Laws of Utah 2012, Chapter 212
57 35A-3-310, as last amended by Laws of Utah 2008, Chapter 382
58 35A-3-310.5, as last amended by Laws of Utah 2011, Chapter 297
59 35A-3-311, as last amended by Laws of Utah 2012, Chapter 41
60 35A-3-312, as last amended by Laws of Utah 2009, Chapter 39
61 35A-3-313, as last amended by Laws of Utah 2014, Chapter 371
62 35A-3-401, as last amended by Laws of Utah 2004, Chapter 29
63 35A-3-402, as renumbered and amended by Laws of Utah 1997, Chapter 174
64 35A-3-502, as renumbered and amended by Laws of Utah 1997, Chapter 174
65 35A-3-503, as last amended by Laws of Utah 2011, Chapter 297
66 35A-3-504, as last amended by Laws of Utah 1998, Chapter 1
67 35A-3-505, as renumbered and amended by Laws of Utah 1997, Chapter 174
68 35A-3-506, as renumbered and amended by Laws of Utah 1997, Chapter 174
69 35A-3-507, as renumbered and amended by Laws of Utah 1997, Chapter 174
70 35A-3-508, as last amended by Laws of Utah 1999, Chapter 21
71 35A-3-510, as renumbered and amended by Laws of Utah 1997, Chapter 174
72 35A-3-601, as renumbered and amended by Laws of Utah 2003, Chapter 90
73 35A-3-603, as last amended by Laws of Utah 2012, Chapter 41
74 35A-3-604, as last amended by Laws of Utah 2008, Chapter 382
75 35A-3-605, as renumbered and amended by Laws of Utah 2003, Chapter 90
76 35A-3-606, as renumbered and amended by Laws of Utah 2003, Chapter 90
77 35A-3-607, as renumbered and amended by Laws of Utah 2003, Chapter 90
78 35A-3-608, as last amended by Laws of Utah 2012, Chapter 41
79 35A-3-609, as renumbered and amended by Laws of Utah 2003, Chapter 90
80 35A-3-610, as renumbered and amended by Laws of Utah 2003, Chapter 90
81 76-8-1201, as last amended by Laws of Utah 2003, Chapter 90
82 76-8-1205, as last amended by Laws of Utah 2012, Chapter 41
83 RENUMBERS AND AMENDS:
84 35A-3-701, (Renumbered from 35A-3-116, as last amended by Laws of Utah 2014,
85 Chapter 371)
86 35A-3-702, (Renumbered from 35A-3-117, as enacted by Laws of Utah 2014, Chapter
89 35A-3-602, as last amended by Laws of Utah 2008, Chapter 382
91 Be it enacted by the Legislature of the state of Utah:
92 Section 1. Section 35A-3-101 is amended to read:
93 35A-3-101. Title.
98 Section 2. Section 35A-3-102 is amended to read:
99 35A-3-102. Definitions.
101 (1) "Adjudicative proceeding" has the same meaning as defined in Section 63G-4-103.
102 (2) "Administrative order" means an order issued by the department that addresses an
103 overpayment of public assistance.
105 (4) "Assignment of support" means the transfer to the state of a recipient's right to
106 receive support from another person that accrues during the period the recipient receives public
107 assistance, including a right to receive support on behalf of any family member for whom the
108 recipient is applying for or receiving assistance.
110 who received cash assistance on a monthly basis during the previous federal fiscal year.
112 recipient is eligible to receive under the Family Employment Program under Section
115 the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a
116 qualified setting, as defined by [
118 Administrative Rulemaking Act.
119 (8) (a) "Civic organization" means an organization that provides services to its
121 (b) "Civic organization" includes a community service club or organization, a
122 charitable health care or service organization, a fraternal organization, a labor union, a minority
123 or ethnic organization, a commercial or industrial organization, a commerce or business club, a
124 private nonprofit organization, a private nonprofit corporation that provides funding to a
125 community service organization, an organization that advocates or provides for the needs of
126 persons with low incomes, a religious organization, and an organization that fosters strong
127 neighborhoods and communities.
128 (9) "Court order" means a judgment or order of a court of this state, another state, or
129 the federal government that addresses an overpayment of public assistance.
131 eligible for cash assistance.
133 administer a program.
136 who is eligible for cash assistance, but does not require extended cash assistance under Part 3,
137 Family Employment Program.
140 (a) basic remedial education;
141 (b) adult education;
142 (c) high school education;
143 (d) education to obtain the equivalent of a high school diploma;
144 (e) education to learn English as a second language;
145 (f) applied technology training;
146 (g) employment skills training; or
147 (h) on-the-job training.
149 defined by the educational institution attended by the parent [
153 General Assistance.
154 (16) "Notice of agency action" means the notice required to commence an adjudicative
155 proceeding as described in Section 63G-4-201.
156 (17) "Obligor" means an individual:
157 (a) who is liable to the state under Section 35A-3-603 and applicable federal statutes
158 and regulations; or
159 (b) against whom an administrative or judicial order determining overpayment has
160 been obtained.
161 (18) (a) "Overpayment" means money, public assistance, or another item of value
162 provided under a state or federally funded benefit program to a person that is not entitled to
163 receive it or is not entitled to receive it at the level provided.
164 (b) "Overpayment" includes money paid to a provider under this title in connection
165 with public assistance or another publicly funded assistance program to the extent that the
166 provider receives payment:
167 (i) for goods or services not provided; or
168 (ii) in excess of the amount to which the provider is entitled.
170 plan with the [
171 Employment Program.
172 (20) "Performance goals" means a target level of performance that will be compared to
173 actual performance.
174 (21) "Performance indicators" means actual performance information regarding a
175 program or activity.
176 (22) "Performance monitoring system" means a process to regularly collect and analyze
177 performance information, including performance indicators and performance goals.
179 United States Department of Health and Human Services to receive funding from the United
180 States through the Temporary Assistance for Needy Families Block Grant in accordance with
181 42 U.S.C. Sec. 602.
182 (24) "Recipient" means a person who is qualified to receive, is receiving, or has
183 received assistance under this chapter.
185 married and has a minor child in the person's care and custody.
186 (26) "Transitional cash assistance" means assistance provided to a recipient to stabilize
187 employment and reduce the future use of cash assistance provided under Part 3, Family
188 Employment Program.
189 Section 3. Section 35A-3-103 is amended to read:
190 35A-3-103. Department responsibilities.
191 The [
192 (1) administer public assistance programs assigned by the Legislature and the
194 (2) determine eligibility [
195 public assistance programs [
196 with the requirements of this chapter;
197 (3) cooperate with the federal government in the administration of public assistance
199 (4) administer [
200 Section 35A-3-115;
201 (5) provide for the compilation of necessary or desirable information, statistics, and
203 (6) perform other duties and functions required by law;
204 (7) monitor the application of eligibility policy;
205 (8) develop personnel training programs for [
207 (9) provide refugee resettlement services in accordance with Section 35A-3-116;
208 (10) provide child care assistance for children in accordance with Part 2, Office of
209 Child Care; and
210 (11) provide services [
211 qualify for affordable housing in cooperation with:
212 (a) the Utah Housing Corporation;
213 (b) the Housing and Community Development Division; and
214 (c) local housing authorities.
215 Section 4. Section 35A-3-103.5 is amended to read:
216 35A-3-103.5. Employment and the provision of services for the disabled.
217 (1) As used in this section, "recipient" means an individual who:
218 (a) has a disability;
219 (b) suffers from a mental illness; or
220 (c) is undergoing treatment for a substance abuse problem.
221 (2) [
222 state law, when providing services to a recipient in the programs provided under this chapter,
223 the department shall[
226 providing services that assist an eligible recipient in obtaining and retaining meaningful and
227 gainful employment that enables the recipient to earn sufficient income to:
228 (a) purchase goods and services;
229 (b) establish self-sufficiency; and
230 (c) exercise economic control of the recipient's life.
231 (3) The department shall develop a written plan to implement the policy described in
232 Subsection (2) that includes:
233 (a) assessing the strengths and needs of a recipient;
234 (b) customizing strength-based approaches to obtaining employment;
235 (c) expecting, encouraging, providing, and rewarding employment:
236 (i) integrated employment in the workplace at competitive wages and benefits; and
237 (ii) self-employment;
238 (d) developing partnerships with potential employers;
239 (e) maximizing appropriate employment training opportunities;
240 (f) coordinating services with other government agencies and community resources;
241 (g) to the extent possible, eliminating practices and policies that interfere with the
242 policy described in Subsection (2); and
243 (h) arranging sub-minimum wage work or volunteer work for an eligible recipient
244 when employment at market rates cannot be obtained.
245 (4) The department shall, on an annual basis:
246 (a) set goals to implement the policy described in Subsection (2) and the plan described
247 in Subsection (3);
248 (b) determine whether the goals for the previous year have been met; and
249 (c) modify the plan described in Subsection (3) as needed.
250 Section 5. Section 35A-3-104 is amended to read:
251 35A-3-104. Contracts for administration and provision of public assistance.
252 The [
253 private agencies to assist in the administration and provision of public assistance.
254 Section 6. Section 35A-3-105 is amended to read:
255 35A-3-105. Determination of eligibility and responsibility -- Information from
256 State Tax Commission.
257 (1) The [
258 income tax returns of [
259 duty to support [
260 (a) eligibility for public assistance;
261 (b) payment responsibilities for institutional care; or
262 (c) any other administrative purpose consistent with this chapter.
263 (2) The information requested by the [
264 (a) provided by the State Tax Commission on forms furnished by the [
265 department; and
266 (b) treated by the department as a private record under Title 63G, Chapter 2,
267 Government Records Access and Management Act[
268 Section 7. Section 35A-3-106 is amended to read:
269 35A-3-106. Residency requirements.
271 the applicant [
272 the applicant's place of residence[
273 (2) An applicant is not eligible for public assistance under this chapter if the applicant
274 is living in Utah for a temporary purpose.
275 Section 8. Section 35A-3-108 is amended to read:
276 35A-3-108. Assignment of support.
277 (1) (a) [
280 (b) Upon the receipt of public assistance, any right of the recipient to receive support
281 from another person passes to the state, including a right to support on behalf of any family
282 member for whom the recipient is applying for or receiving assistance, even if the [
283 recipient has not executed and delivered an assignment of support to the [
284 as required by Subsection (1)(a).
288 (2) An assignment of support, or a [
289 receive support passed to the state, includes payments ordered, decreed, or adjudged by [
290 court within this state, [
291 lieu of, and does not supersede or alter, any other court order, decree, or judgment.
292 (3) When an assignment of support is executed or the right to support passes to the
294 eligible to regular monthly assistance and the support paid to the [
295 (4) All [
296 Fund, except any amount which is required to be credited to the federal government[
298 (5) On and after the date a [
299 assignment of support under [
300 accrued before the [
303 (a) the state has not collected the support by the date the recipient stops receiving cash
304 assistance; and
305 (b) the assignment was executed on or after October 1, 1998.
306 (6) The [
307 accordance with the requirements of the Social Security Act, 42 U.S.C. Sec. 657.
308 (7) [
309 total amount of child support assigned to the [
310 may not exceed the total amount of cash assistance received by the recipient.
311 Section 9. Section 35A-3-109 is amended to read:
312 35A-3-109. Assistance provided to guardian or other caretaker -- Periodic review.
313 (1) [
314 department may pay the public assistance [
316 (2) The [
317 recipient under Part 3, Family Employment Program, [
318 another individual interested in or concerned with the welfare of the [
319 recipient if:
320 (a) by reason of the [
321 recipient is unable to manage funds;
322 (b) [
323 contrary to the [
324 (c) [
326 (3) The [
327 (a) undertake or contract with other state agencies to make special efforts to protect the
328 welfare of [
330 (b) periodically review [
332 (i) cash assistance that is provided to an individual other than the [
333 should be discontinued [
334 (ii) a legal guardian [
336 Section 10. Section 35A-3-110 is amended to read:
337 35A-3-110. Third party obligation -- Interest.
340 the [
341 make the reimbursement.
342 (2) Upon receiving notification under Subsection (1), the notified person shall make
346 (3) After the time period established under Subsection (2), the department shall charge
347 interest on any unpaid balance at the rate of 8% per annum unless an extension is granted by
348 the department.
349 Section 11. Section 35A-3-111 is amended to read:
350 35A-3-111. Collection of overpayments.
351 (1) The department [
353 (2) [
354 that is required by a department program, but is not transferred to the federal government [
356 (3) A [
357 has been an overpayment under rules made by the department in accordance with Title 63G,
358 Chapter 3, Utah Administrative Rulemaking Act.
359 Section 12. Section 35A-3-112 is amended to read:
360 35A-3-112. Assistance not assignable -- Exemption from execution, garnishment,
361 bankruptcy, or insolvency proceedings.
362 (1) Public assistance provided under this chapter is not assignable[
364 (2) None of the money paid or payable under this chapter is subject to:
365 (a) execution, levy, attachment, garnishment, or other legal process[
366 (b) the operation of [
367 Section 13. Section 35A-3-113 is amended to read:
368 35A-3-113. Prohibition of charges or fees for representing applicants or
372 this chapter, [
375 before whom an applicant or [
376 charge or fee.
377 Section 14. Section 35A-3-115 is amended to read:
378 35A-3-115. Public employment offices -- Agreements with other authorities --
379 Federal system accepted -- Appropriation.
380 (1) (a) The [
381 employment offices in a manner and in places as [
382 administration of this chapter and for the purposes of performing the functions [
387 the Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended.
388 (b) The [
389 when determining the location of public employment offices.
390 (c) The [
391 with [
392 (2) (a) The provisions of the Wagner-Peyser Act, 29 U.S.C. 49-49c, 49g, 49h, 49k, and
393 557, are accepted by [
394 (b) The department is designated and constitutes the agency of [
395 purposes of the [
396 (3) (a) For the purpose of establishing and maintaining [
397 offices, and promoting the use of [
398 enter into agreements with [
399 department of the United States, [
401 another state.
402 (b) As a part of an agreement entered into under Subsection (3)(a), the [
403 department may accept money, services, or [
404 maintenance of the state system of public employment offices or as reimbursement for services
406 Section 15. Section 35A-3-201 is amended to read:
408 35A-3-201. Definitions.
409 As used in this part:
410 (1) "Child care" means the child care services [
411 Section 35A-3-102[
412 (a) children [
413 (b) children with disabilities [
414 (2) "Child care provider association" means an association:
415 (a) that has functioned as a child care provider association in the state for at least three
416 years; and
417 (b) is affiliated with a national child care provider association.
418 (3) "Committee" means the Child Care Advisory Committee created in Section
420 (4) "Director" means the director of the Office of Child Care.
421 (5) "Office" means the Office of Child Care created in Section 35A-3-202.
422 Section 16. Section 35A-3-202 is amended to read:
423 35A-3-202. Creation.
424 (1) There is created within the Department of Workforce Services an Office of Child
426 (2) The office shall be administered by a director who shall be appointed by the
427 executive director and who may be removed from that position at the will of the executive
429 Section 17. Section 35A-3-203 is amended to read:
430 35A-3-203. Functions and duties of office -- Annual report.
431 The office shall:
432 (1) assess critical child care needs throughout the state on an ongoing basis and focus
433 its activities on helping to meet the most critical needs;
434 (2) provide child care subsidy services for income-eligible children through age 12 and
435 for income-eligible children with disabilities through age 18;
436 (3) provide information:
437 (a) to employers for the development of options for child care in the work place; and
438 (b) for educating the public in obtaining quality child care;
439 (4) coordinate services for quality child care training and child care resource and
440 referral core services;
441 (5) apply for, accept, or expend gifts or donations from public or private sources;
442 (6) provide administrative support services to the committee;
443 (7) work collaboratively with the following for the delivery of quality child care and
444 early childhood programs, and school age programs throughout the state:
445 (a) the State Board of Education; and
446 (b) the Department of Health;
447 (8) research child care programs and public policy [
448 and accessibility [
449 childhood programs, and school age programs in the state;
450 (9) provide planning and technical assistance for the development and implementation
451 of programs in communities that lack child care, early childhood programs, and school age
453 (10) provide organizational support for the establishment of nonprofit organizations
454 approved by the Child Care Advisory Committee, created in Section 35A-3-205; and
455 (11) coordinate with the department to include in the annual written report described in
456 Section 35A-1-109 information regarding the status of child care in Utah.
457 Section 18. Section 35A-3-204 is amended to read:
458 35A-3-204. Duties of director.
459 The director shall:
460 (1) enforce rules made by the department regulating the use of services provided by the
462 (2) supervise office staff and prepare an annual work plan; and
463 (3) apply for, accept, and expend [
464 assist the office in fulfilling its statutory obligations.
465 Section 19. Section 35A-3-205 is amended to read:
466 35A-3-205. Creation of committee.
467 (1) There is created a Child Care Advisory Committee.
468 (2) The committee shall counsel and advise the office in fulfilling its statutory
469 obligations [
470 (a) [
471 the office's annual budget;
472 (b) providing recommendations on how the office might best respond to child care
473 needs throughout the state; and
474 (c) providing recommendations on the use of [
475 other money that comes into the office[
476 (3) The committee is composed of the following members, with special attention given
477 to insure diversity and representation from both urban and rural groups:
478 (a) one expert in early childhood development;
479 (b) one child care provider who operates a center;
480 (c) one child care provider who operates a family child care business;
481 (d) one parent who is representative of households receiving a child care subsidy from
482 the office;
483 (e) one representative from the public at-large;
484 (f) one representative of the State Office of Education;
485 (g) one representative of the Department of Health;
486 (h) one representative of the Department of Human Services;
487 (i) two representatives from the corporate community, one who is a recent "Family
488 Friendly" award winner and who received the award because of efforts [
489 care [
490 (j) two representatives from the small business community;
491 (k) one representative from child care advocacy groups;
492 (l) one representative of children with disabilities;
493 (m) one representative from the state Head Start Association appointed by the
495 (n) one representative from each child care provider association; and
496 (o) one representative of a child care resource and referral center appointed by the
497 organization representing child care resource and referral agencies.
498 (4) (a) The executive director shall appoint the members designated in Subsections
499 (3)(a) through (e) and (j) through (n).
500 (b) The head of the respective departments shall appoint the members referred to in
501 Subsections (3)(f) through (i).
502 (c) Each child care provider association shall appoint its respective member referred to
503 in Subsection (3)(o).
504 (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
505 expire, the appointing authority shall appoint each new member or reappointed member to a
506 four-year term.
507 (b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
508 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
509 terms of committee members are staggered so that approximately half of the committee is
510 appointed every two years.
511 (6) When a vacancy occurs in the membership for any reason, including missing three
512 consecutive meetings where the member has not been excused by the chair prior to or during
513 the meeting, the replacement shall be appointed for the unexpired term.
514 (7) A majority of the members constitutes a quorum for the transaction of business.
515 (8) (a) The executive director shall select a chair from the committee membership.
516 (b) A chair may serve no more than two one-year terms as chair.
517 (9) A member may not receive compensation or benefits for the member's service, but
518 may receive per diem and travel expenses [
519 (a) Section 63A-3-106;
520 (b) Section 63A-3-107; and
521 (c) rules made by the Division of Finance [
522 and 63A-3-107.
523 Section 20. Section 35A-3-206 is amended to read:
524 35A-3-206. Child Care Fund -- Use of money -- Committee and director duties --
526 (1) There is created an expendable special revenue fund known as the "Child Care
528 (2) The director of the office shall administer the fund under the direction of the
530 (3) (a) The office may form nonprofit corporations or foundations controlled by the
531 director of the office and the committee to aid and assist the office in attaining its charitable,
532 research, and educational objectives.
533 (b) The nonprofit corporations or foundations may receive and administer legislative
534 appropriations, government grants, contracts, and private gifts to carry out their public
536 (c) Money collected by [
537 Subsection (3) may be deposited in the Child Care Fund.
538 (d) A nonprofit foundation controlled by the director of the office and the committee
539 shall submit to the Division of Finance, within 60 days after the close of the foundation's fiscal
540 year, a financial report summarizing the foundation's financial position and results of
541 operations of the most recent fiscal year.
542 (4) (a) [
543 variety of sources, including[
544 (b) The fund shall be used to accept money designated for child care initiatives
546 (5) The money in the fund that is not restricted to a specific use under federal law or by
547 donors may not be expended without approval of the committee.
548 (6) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
549 State Money Management Act, except that all interest or other earnings derived from money in
550 the fund [
551 (7) The money in the fund may not be used for administrative expenses of the office
553 (8) The committee shall:
554 (a) advise the director of the office on child care needs in the state and on relevant
555 operational aspects of any grant, loan, or revenue collection program established under this
557 (b) recommend specific child care projects to the director of the office;
558 (c) recommend policy and procedures for administering the fund;
559 (d) make recommendations on grants, loans, or contracts from the fund for any of the
560 child care activities authorized under this part;
561 (e) establish the criteria by which loans and grants will be made;
562 (f) determine the order in which approved child care projects will be funded;
563 (g) make recommendations regarding the distribution of money from the fund in
564 accordance with the procedures, conditions, and restrictions placed [
565 donors; and
566 (h) have joint responsibility with the office to solicit public and private funding for the
568 (9) Fund money shall be used for [
569 (a) training of child care providers;
570 (b) scholarships and grants for child care providers' professional development;
571 (c) child care public awareness and consumer education services;
572 (d) child care provider recruitment;
573 (e) Office of Child Care sponsored activities;
574 (f) matching money for obtaining grants; or
575 (g) other activities that will assist in the improvement of child care quality,
576 affordability, or accessibility.
577 (10) The director of the office, with the consent of the committee and the executive
578 director, may grant, lend, or contract [
579 (a) local governments;
580 (b) nonprofit community, charitable, or neighborhood-based organizations;
581 (c) regional or statewide nonprofit organizations; or
582 (d) child care providers.
583 (11) Preference may be given, but awards may not be limited to [
586 (a) programmatic or financial need;
587 (b) diversity of [
588 (c) coordination with or enhancement of existing services.
589 (12) The executive director or the executive director's designee shall monitor on an
590 annual basis the activities of the [
591 issued from the fund [
592 imposed on the [
593 (13) [
594 loan, or contract shall provide the director of the office with an annual accounting of how the
595 money [
596 (14) (a) The director of the office shall make an annual report to the committee
597 regarding the status of the fund and the programs and services funded by the fund.
598 (b) The report shall be included in the annual written report described in Section
600 Section 21. Section 35A-3-207 is amended to read:
601 35A-3-207. Community-based prevention programs.
602 (1) As used in this section:
603 (a) "political subdivision" means a town, city, county, or school district;
604 (b) "qualified sponsor" means a:
605 (i) political subdivision;
606 (ii) community nonprofit, religious, or charitable organization;
607 (iii) regional or statewide nonprofit organization; or
608 (iv) private for profit or nonprofit child care organization with experience and expertise
609 in operating community-based prevention programs described in Subsection (2) and that are
610 licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities.
611 (2) Within appropriations from the Legislature, the department may provide grants to
612 qualified sponsors for community-based prevention programs that:
613 (a) support parents in their primary care giving role to children;
614 (b) provide positive alternatives to idleness for school-aged children when school is not
615 in session; and
616 (c) support other community-based prevention programs.
617 (3) In awarding [
618 (a) request proposals for funding from potential qualified sponsors; and
621 (b) ensure that each dollar of funds from political subdivisions or private funds is
622 matched for each dollar received from the department. [
623 (4) In meeting the matching requirements under Subsection (3), the department may
624 consider the value of in-kind contributions [
625 volunteer labor, and the incremental increase in building maintenance and operation expenses
626 incurred attributable to the prevention program [
628 (5) In awarding a grant under this section, the department shall consider:
629 (a) the cash portion of the proposed match in relation to the financial resources of the
630 qualified sponsor; and
631 (b) the extent to which the qualified sponsor has:
632 (i) consulted and collaborated with parents of children who are likely to participate,
633 local parent-teacher organizations, and other parent organizations;
634 (ii) identified at-risk factors that will be [
635 prevention program;
636 (iii) identified protective factors and developmental assets that will be supported and
637 strengthened through the proposed prevention program; and
638 (iv) encouraged the financial support of parents and the organizations [
639 described in Subsection (5)(b)(i).
640 (6) [
641 under this section [
642 (7) [
643 funds as matching funds under this act.
644 Section 22. Section 35A-3-301 is amended to read:
646 35A-3-301. Purpose -- Legislative findings.
647 (1) The Legislature finds that:
648 (a) [
650 children, and individuals by increasing family income, developing job skills, and improving
651 self-esteem; and
654 dignity of those receiving assistance, and to strengthen families.
655 (2) The Legislature recognizes that even with assistance, some [
656 be unable to attain complete self-sufficiency.
657 Section 23. Section 35A-3-302 is amended to read:
658 35A-3-302. Eligibility requirements.
659 (1) [
660 cash assistance [
661 (2) (a) The [
662 United States Department of Health and Human Services to obtain [
663 federal Temporary Assistance for Needy Families Block Grant.
664 (b) The [
665 federal law.
666 (c) If a discrepancy [
667 this part supersedes the provision in the state plan.
668 (3) The services [
669 two-parent families.
670 (4) To be eligible for cash assistance under this part, a family shall:
671 (a) have at least one minor dependent child; or
672 (b) have a parent who is in the third trimester of a pregnancy.
673 (5) [
674 Act, the department shall make rules for eligibility and the amount of cash assistance a family
675 is eligible to receive under this part based on:
676 (a) family size;
677 (b) family income;
678 (c) income disregards;
679 (d) other relevant factors; and
680 (e) if the applicant has met the eligibility requirements under Subsections (5)(a)
681 through (d), the assessment and other requirements described in Sections 35A-3-304 and
683 (6) [
684 consider money on deposit in an Individual Development Account established under Section
685 35A-3-312 [
686 (7) The department shall provide for an appeal of a determination of eligibility in
687 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
688 (8) (a) The department shall make a report to either the Legislature's Executive
689 Appropriations Committee or the Social Services Appropriations Subcommittee on any
690 proposed rule change made under Subsection (5) that would modify the:
691 (i) eligibility requirements for cash assistance; or
692 (ii) [
693 (b) The department shall submit the report under Subsection (8)(a) prior to
694 implementing the proposed rule change [
695 (c) The report under Subsection (8)(a) shall include:
696 (i) a description of the department's current practice or policy that it is proposing to
698 (ii) an explanation of why the department is proposing the change;
699 (iii) the effect of an increase or decrease in cash benefits on families; and
700 (iv) the fiscal impact of the proposed change.
702 with the Division of Administrative Rules as its report if the notice contains the information
703 required under Subsection (8)[
704 (9) [
705 Act, the department shall make rules to ensure that:
706 (a) a recipient of assistance from the Family Employment Program:
707 (i) has adequate access to the assistance;
708 (ii) has the ability to use and withdraw assistance with minimal fees or surcharges,
709 including the opportunity to obtain assistance with no fees or surcharges;
710 (iii) is provided information regarding fees and surcharges that may apply to assistance
711 accessed through an electronic fund transaction; and
712 (iv) is provided information explaining the restrictions on accessing assistance
713 described in Subsection (10); and
714 (b) information regarding fees and surcharges that may apply when accessing
715 assistance from the Family Employment Program through an electronic fund transaction is
716 available to the public.
717 (10) An individual receiving assistance under this section may not access the assistance
718 through an electronic benefit transfer, including through an automated teller machine or
719 point-of-sale device, in an establishment in the state that:
720 (a) exclusively or primarily sells intoxicating liquor;
721 (b) allows gambling or gaming; or
722 (c) provides adult-oriented entertainment where performers disrobe or perform
724 (11) An establishment [
725 not allow an individual to access the assistance [
726 establishment's premises through an electronic benefit transfer, including through an automated
727 teller machine or point-of-sale device[
730 (12) In accordance with federal requirements[
731 Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to prevent
732 individuals from accessing assistance in a manner prohibited by Subsections (10) and (11),
733 which rules may include enforcement provisions that impose sanctions that temporarily or
734 permanently disqualify an individual from receiving assistance.
737 Section 24. Section 35A-3-303 is amended to read:
738 35A-3-303. Diversion.
739 (1) (a) When an applicant applies for cash assistance under this part, the [
740 department shall assess whether the applicant should be [
742 (i) diversion to avoid extended cash assistance; or
743 (ii) normal cash assistance under this part.
744 (b) In completing the assessment[
745 may consider the following:
746 (i) the applicant's employment history;
747 (ii) the likelihood of the applicant obtaining immediate full-time employment;
748 (iii) the applicant's general prospect for obtaining full-time employment;
749 (iv) the applicant's need for cash assistance to pay for housing or substantial and
750 unforeseen expenses or work-related expenses;
751 (v) housing stability; and
752 (vi) the adequacy of the applicant's child care arrangements, if applicable.
756 (2) If the [
757 helped by diversion [
758 department shall provide a single payment of cash assistance up to three times the maximum
759 monthly amount of cash assistance that the applicant would be otherwise qualified to receive
760 based on household size.
761 (3) [
762 may receive cash assistance as [
763 Section 25. Section 35A-3-304 is amended to read:
764 35A-3-304. Assessment -- Participation requirements and limitations --
765 Employment plan -- Mentors.
766 (1) (a) Within [
767 provide that a parent [
768 (i) [
769 (ii) [
770 regarding the parent [
776 (A) prior work experience;
777 (B) ability to become employable;
778 (C) skills; and
781 (b) The assessment provided under Subsection (1)(a)(ii) shall include:
782 (i) a survey to be completed by the parent [
784 (ii) a written questionnaire to be completed by the parent [
785 accurately determine the likelihood of the parent [
786 disorder involving the misuse of a controlled substance.
787 (c) In addition to the other requirements of this part, if the results of the written
788 questionnaire taken by a parent [
790 the parent [
791 accordance with the additional requirements of Section 35A-3-304.5.
792 (2) (a) Within 15 business days of a parent [
793 the [
794 (b) The employment plan shall have a target date for entry into employment.
795 (c) The [
796 parent [
797 (d) [
798 (i) job searching requirements;
799 (ii) if the parent [
800 an educational program to obtain a high school diploma, or its equivalent;
801 (iii) education or training necessary to obtain employment;
802 (iv) a combination of work and education or training; and
803 (v) assisting the Office of Recovery Services in good faith to:
804 (A) establish the paternity of a minor child; and
805 (B) establish or enforce a child support order.
806 (e) If the parent [
807 substance after taking a drug test under Section 35A-3-304.5, the employment plan shall
808 include an agreement by the parent [
809 (i) participate in treatment for a substance use disorder; and
810 (ii) meet the other requirements of Section 35A-3-304.5.
811 (f) [
812 plan may include:
813 (i) providing cash and other types of public and employment assistance, including child
815 (ii) assisting the parent [
817 (iii) assisting the parent [
818 (iv) assisting the parent [
819 (g) The [
820 information or changed circumstances.
821 (h) If immediate employment is an activity [
822 parent [
823 (i) promptly commence a search for employment for a specified number of hours each
824 week [
825 (ii) regularly submit a report to the [
826 (A) how time was spent in search for a job;
827 (B) the number of job applications completed;
828 (C) the interviews attended;
829 (D) the offers of employment extended; and
830 (E) other related information required by the [
831 (i) (i) If full-time education or training to secure employment is an activity [
832 in an employment plan, the parent [
833 education or training program.
834 (ii) The employment plan may describe courses, education or training goals, and
835 classroom hours.
836 (j) (i) [
837 under this part[
838 good faith effort to comply with the parent recipient's employment plan.
844 (ii) The department shall establish a process to reconcile disputes between a parent
845 recipient and the department as to whether:
846 (A) the parent [
847 employment plan; or
848 (B) the [
849 (iii) If a parent recipient consistently fails to show good faith in complying with the
850 employment plan, the department may seek to terminate all or part of the cash assistance
851 services provided under this part.
852 (3) (a) Except as provided in Subsection (3)(b), a parent [
853 participation in education or training beyond that required to obtain a high school diploma or
854 its equivalent is limited to the lesser of:
855 (i) 24 months; or
856 (ii) the completion of the education and training requirements of the employment plan.
857 (b) A parent [
858 months beyond the 24-month limit of Subsection (3)(a)(i) if:
859 (i) the parent [
860 (ii) the extension is for good cause shown; and
861 (iii) the extension is approved by the director or the director's designee.
862 (c) A parent [
864 (4) (a) A parent [
865 received 24 months of education or training shall participate in full-time work activities as
866 defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah
867 Administrative Rulemaking Act.
868 (b) The 24 months [
870 (5) [
871 behalf of a minor child under this part[
872 (a) enrolled in and attending school in compliance with Sections 53A-11-101.5 and
873 53A-11-101.7; or
874 (b) exempt from school attendance under Section 53A-11-102.
875 (6) This section does not apply to a person who has received diversion assistance under
876 Section 35A-3-303.
877 (7) (a) The [
878 mentors for parent [
879 (b) A mentor may advocate on behalf of a parent [
881 (i) develop life skills;
882 (ii) implement an employment plan; or
883 (iii) obtain services and [
884 (A) the volunteer mentor;
885 (B) the [
886 (C) civic organizations.
887 Section 26. Section 35A-3-304.5 is amended to read:
888 35A-3-304.5. Drug testing requirements.
889 (1) If the results of a questionnaire described in Subsection 35A-3-304(1) indicate a
890 reasonable likelihood that [
891 involving the misuse of a controlled substance, the [
893 continue to receive cash assistance under this part.
894 (2) If [
895 (1), the department shall terminate cash assistance under this part and the [
896 applicant may not reapply for cash assistance under this part for:
897 (a) 90 days after a first refusal to take a drug test [
898 (b) one year after a second refusal to take a drug test within one year.
899 (3) A drug test given under this section shall be administered with due regard to the
900 privacy and dignity of the person being tested.
901 (4) Before taking a drug test under this section, [
902 advise the person administering the test regarding any prescription or over-the-counter
903 medication the [
904 (5) The result of a drug test given under this section is a private record in accordance
905 with Section 63G-2-302 and disclosure to a third party is prohibited except as provided under
906 Title 63G, Chapter 2, Government Records Access and Management Act.
907 (6) If [
908 substance after taking a drug test under Subsection (1), the [
909 eligible for cash assistance, subject to the other eligibility requirements of this part.
910 (7) If [
911 substance after taking a drug test under Subsection (1), the [
912 (a) shall be given a list of approved substance use disorder treatment providers that are
913 available in the area in which the individual resides; and
914 (b) may continue to receive benefits if the [
915 follows the requirements of [
916 (i) receiving treatment, at the [
917 substance use disorder treatment provider for at least 60 days;
918 (ii) testing negative for the unlawful use of a controlled substance:
919 (A) in each subsequent drug test required by [
920 treatment; and
921 (B) in an additional drug test given at the conclusion of treatment; and
922 (iii) meeting the other requirements of receiving cash assistance under this part.
923 (8) [
924 part, if an applicant:
925 (i) declines to enter into an employment plan required by Subsection (7)[
927 (ii) enters into, but fails to meet, a requirement of an employment plan under
928 Subsection (7), including if the [
929 the employment plan or tests positive for the unlawful use of a controlled substance in a drug
930 test required by the employment plan[
932 (b) An applicant whose cash assistance has been terminated under Subsection (8)(a)
933 may not reapply for cash assistance under this part for:
935 department determines, under this Subsection (8), that the [
936 eligible for cash assistance; or
938 Subsection (8), that the [
939 department has previously determined on at least one other occasion in the past year that the
941 Section 27. Section 35A-3-306 is amended to read:
942 35A-3-306. Limits on eligibility -- Transitional cash assistance.
943 (1) [
944 has the same meaning as defined in [
946 Reconciliation Act of 1996, 42 U.S.C. Sec. 608(a)(7)(C)(iii).
947 (2) Except as provided in Subsection (4), the [
948 cash assistance to a family who has received cash assistance for 36 months or more.
949 (3) (a) The [
950 described in Subsection (2) any time after January 1, 1997, during which:
951 (i) the parent [
952 (ii) the parent [
953 parent [
954 family in this or another state.
955 (b) [
956 described in Subsection (2) or the [
957 during which:
959 not as a parent; or
961 Subsection (5).
970 (4) (a) [
971 to a family for up to 24 months beyond the [
972 during the previous two months[
973 at least 20 hours per week.
974 (b) [
976 (2), the department may provide cash assistance to a family beyond the [
977 in Subsection (2):
978 (i) by reason of a hardship; [
979 (ii) if the family includes an individual who has been battered or subjected to extreme
981 (iii) if a parent volunteers to fully participate in a department-approved employment
982 and training activity as prescribed by rules made by the department in accordance with Title
983 63G, Chapter 3, Utah Administrative Rulemaking Act.
984 (c) [
986 Subsection (4)(a), the department may provide cash assistance to a family beyond the
987 additional [
988 (i) by reason of a hardship; or
989 (ii) if the family includes an individual who has been battered or subjected to extreme
991 (d) The department may only provide the additional cash assistance described in
992 Subsections (4)(b) and (c) for up to 20% of the average monthly number of families who
993 receive cash assistance under this part.
995 may not provide cash assistance to a family who has received 60 months of cash assistance
996 after October 1, 1996.
997 (5) (a) The department may provide transitional cash assistance to a parent recipient:
998 (i) if the department determines the transitional cash assistance is necessary to stabilize
999 employment and prevent recidivism of a recipient;
1000 (ii) who was previously receiving cash assistance under the Family Employment
1001 Program but who becomes ineligible due to earned or unearned income; and
1002 (iii) for a maximum of three months if the parent recipient is employed an average of
1003 30 hours per week during the transitional period.
1004 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1005 department shall make rules for the provision of transitional cash assistance under this section.
1006 Section 28. Section 35A-3-307 is amended to read:
1007 35A-3-307. Cash assistance to a single minor parent.
1008 (1) The [
1009 accordance with this section.
1010 (2) A single minor parent who receives cash assistance under this part shall:
1011 (a) except as provided under Subsection (3), reside in a place of residence maintained
1012 by a parent, legal guardian, or other adult relative of the single minor parent[
1014 (b) participate in education for parenting and life skills;
1015 (c) participate in infant and child wellness programs [
1017 (d) for [
1018 (i) [
1019 not have a high school diploma, attend high school or an alternative to high school;
1020 (ii) participate in education or training; or
1021 (iii) participate in a combination of employment and education or training.
1022 (3) (a) If the [
1023 (2)(a) are not appropriate for a single minor parent, the [
1024 single minor parent to obtain suitable living arrangements, including an adult-supervised living
1026 (b) [
1027 a single minor parent who is exempt from the requirements of Subsection (2)(a) [
1028 the single minor parent resides in a living arrangement that is approved by the [
1030 (c) The approval by the [
1032 (i) is a means of safeguarding the use of state and federal funds; and
1033 (ii) is not a certification or guarantee of the safety, quality, or condition of the living
1034 arrangements of the single minor parent.
1035 (4) (a) If a single minor parent resides with a parent, the [
1036 include the income of the parent of the single minor parent in determining the single minor
1037 parent's eligibility for services [
1038 (b) If a single minor parent receives services [
1039 not reside with a parent, the [
1040 12, Utah Child Support Act, requiring the parent of the single minor parent to financially
1041 support the single minor parent.
1042 (5) The requirements of this section shall be included in a single minor parent's
1043 employment plan under Section 35A-3-304.
1044 Section 29. Section 35A-3-308 is amended to read:
1045 35A-3-308. Adoption services -- Printed information -- Supports provided.
1046 (1) The [
1047 applicant who is pregnant and is not receiving cash assistance [
1048 of the third trimester of pregnancy.
1049 (2) For a pregnant [
1050 (a) refer the [
1051 health services provided under Title 26, Chapter 10, Family Health Services;
1052 (b) inform the [
1053 placement agencies and licensed attorneys; and
1054 (c) offer the [
1056 (3) The department shall publish an adoption information packet that:
1057 (a) is easy to understand;
1058 (b) contains geographically indexed materials on the public and private organizations
1059 that provide adoption assistance;
1060 (c) lists the names, addresses, and telephone numbers of licensed child placement
1061 agencies and licensed attorneys who place children for adoption;
1062 (d) explains that private adoption is legal and that the law permits adoptive parents to
1063 reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
1064 pregnancy; and
1065 (e) describes the services [
1067 (4) (a) A [
1068 though the [
1069 in accordance with Sections 78B-6-120 through 78B-6-122.
1070 (b) The assistance provided under this section may include:
1071 (i) reimbursement for expenses associated with care and confinement during pregnancy
1072 as provided [
1073 (ii) for a maximum of 12 months from the date of relinquishment, coordination of
1074 services to assist the [
1075 (A) receiving appropriate educational and occupational assessment and planning;
1076 (B) enrolling in appropriate education or training programs, including high school
1077 completion and adult education programs;
1078 (C) enrolling in programs that provide assistance with job readiness, employment
1079 counseling, finding employment, and work skills;
1080 (D) finding suitable housing;
1081 (E) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act,
1082 if the [
1083 (F) receiving counseling and other mental health services.
1084 (5) (a) Except as provided in Subsection (5)(b), a [
1085 eligible to receive an amount equal to the maximum monthly amount of cash assistance paid
1086 under this part to one person for up to 12 consecutive months from the date of relinquishment.
1087 (b) If a [
1088 the [
1090 months from the date of relinquishment.
1091 (6) (a) To [
1093 (i) with the cooperation of the [
1094 employment plan [
1096 training [
1097 (ii) if the [
1098 or an alternative to high school and demonstrate progress toward graduation; and
1099 (iii) make a good faith effort to meet the goals of the employment plan as [
1100 described in Section 35A-3-304.
1101 (b) Cash assistance provided to a [
1102 relinquishes a child for adoption is part of the state plan.
1103 (c) Assistance provided under Subsection (5):
1104 (i) shall be provided for with state funds; and
1105 (ii) may not be [
1106 assistance under this chapter.
1107 (d) The time limit provisions of Section 35A-3-306 apply to cash assistance provided
1108 under the state plan.
1109 (e) The [
1111 (f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the
1112 state plan.
1113 Section 30. Section 35A-3-309 is amended to read:
1114 35A-3-309. Information regarding home ownership.
1115 (1) The [
1116 assist [
1117 (2) The information and services may include:
1118 (a) information from the Utah Housing Corporation and the Housing and Community
1119 Development Division regarding special housing programs, including programs for first-time
1120 home buyers and [
1121 requirements for those programs;
1122 (b) referrals to programs operated by volunteers from the real estate industry that assist
1124 down payments, closing costs, and credit requirements; and
1125 (c) referrals to housing programs operated by municipalities, counties, local housing
1126 authorities, and nonprofit housing organizations that assist individuals [
1127 affordable housing, including first-time home ownership.
1128 Section 31. Section 35A-3-310 is amended to read:
1129 35A-3-310. Child care services -- Rules.
1130 (1) [
1131 for a minor child in the care and custody of the parent [
1132 in a two-parent family:
1133 (a) is capable of caring for the family's child;
1134 (b) is not employed; and
1135 (c) has not entered into an employment plan with the [
1136 (2) The [
1137 care at no cost from a parent, sibling, relative, or other suitable provider.
1138 (3) [
1139 Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing
1140 eligibility for child care services for a minor child in the care and custody of a parent who does
1141 not receive cash assistance under this part.
1142 Section 32. Section 35A-3-310.5 is amended to read:
1143 35A-3-310.5. Child care providers -- Criminal background checks -- Payment of
1144 costs -- Prohibitions -- Department rules.
1145 (1) This section applies to a child care provider who:
1146 (a) (i) is selected by [
1147 payment; or
1148 (ii) is a recipient of a child care assistance payment;
1149 (b) is not required to undergo a criminal background check with the Department of
1150 Health, Bureau of Child Care Licensing;
1151 (c) is not a license exempt child care center or program; and
1152 (d) is an eligible child care provider [
1153 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1154 (2) (a) [
1155 department the name and other identifying information, [
1156 fingerprints, of:
1157 (i) existing, new, and proposed [
1158 child care; and
1159 (ii) individuals who are at least 18 years of age and reside in the premises where the
1160 child care is provided.
1161 (b) The department may waive the fingerprint requirement under Subsection (2)(a) for
1162 an individual who has:
1163 (i) resided in Utah for five years prior to the required submission; or
1164 (ii) (A) previously submitted a set of fingerprints under this section for a national
1165 criminal history record check; and
1166 (B) resided in Utah continuously since submitting the fingerprints.
1167 (c) The [
1168 created within the Department of Public Safety under Section 53-10-103 shall:
1169 (i) process and conduct background checks on all individuals as requested by the
1171 (ii) submit required fingerprints to the U.S. Federal Bureau of Investigation for a
1172 national criminal history background check of the individual.
1173 (d) If the department waives the fingerprint requirement under Subsection (2)(b), the
1175 department or its representative access to the [
1176 Services Division's [
1177 convicted of a crime.
1178 (e) The child care provider shall pay the cost of the history background check provided
1179 under Subsection (2)(c).
1180 (3) (a) [
1181 department the name and other identifying information of an individual, age 12 through 17,
1182 who resides in the premises where the child care is provided.
1186 determine whether an individual described in Subsection (2) or (3)(a) has been adjudicated in
1187 juvenile court of committing an act which, if committed by an adult, would be a felony or
1188 misdemeanor if:
1189 (i) the individual described in Subsection (2) is under the age of 28; or
1190 (ii) the individual described in Subsection (2):
1191 (A) is [
1192 (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
1193 abeyance or diversion agreement for a felony or misdemeanor.
1194 (4) Except as provided in Subsection (5), a child care provider under this section may
1195 not permit an individual [
1199 described under Subsection (3)(b) to:
1200 (a) provide subsidized child care; or
1201 (b) reside at the premises where subsidized child care is provided.
1202 (5) (a) The department may make [
1203 3, Utah Administrative Rulemaking Act, to exempt the following from the restrictions of
1204 Subsection (4):
1205 (i) a specific misdemeanor;
1206 (ii) a specific act adjudicated in juvenile court, which if committed by an adult would
1207 be a misdemeanor; and
1208 (iii) background checks of individuals other than the provider who are residing at the
1209 premises where subsidized child care is provided if that child care is provided in the child's
1211 (b) In accordance with criteria established by [
1212 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive
1213 director or the director's designee may consider and exempt individual cases, not otherwise
1214 exempt under Subsection (5)(a), from the restrictions of Subsection (4).
1215 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1216 department shall [
1217 (a) whether a child care subsidy payment should be made prior to the completion of a
1218 background check, particularly in the case of a delay in making or completing the background
1219 check; and
1220 (b) if, and how often, a child care provider shall resubmit the information required
1221 under Subsections (2) and (3).
1222 Section 33. Section 35A-3-311 is amended to read:
1223 35A-3-311. Cash assistance to noncitizen legal residents and drug dependent
1225 (1) [
1226 may provide cash assistance to a legal resident who is not a citizen of the United States using
1227 funds appropriated from the [
1228 General Fund.
1229 (2) (a) The State exercises the opt out provision in Section 115 of the Personal
1230 Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
1231 (b) Consistent with Subsection (2)(a), the [
1232 assistance and SNAP benefits to a person who has been convicted of a felony involving a
1233 controlled substance, as defined in Section 58-37-2.
1234 (c) As a condition for receiving cash assistance under this part, a drug dependant
1235 person, as defined in Section 58-37-2, shall:
1236 (i) receive available treatment for the dependency; and
1237 (ii) make progress toward overcoming the dependency.
1238 (d) The department may only refer [
1239 to a treatment provider [
1240 objective level of success, as defined by department [
1241 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1242 Section 34. Section 35A-3-312 is amended to read:
1243 35A-3-312. Individual development accounts.
1244 (1) As used in this section:
1245 (a) "Individual development account" means a trust account funded through periodic
1246 contributions by a [
1247 organized under Section 501(c)(3), Internal Revenue Code.
1248 (b) "Qualified acquisition costs" means the costs of acquiring, constructing, or
1249 reconstructing a residence, including settlement and closing costs.
1250 (c) "Qualified businesses capitalization expenses" means expenditures for capital,
1251 plant, equipment, working capital, and inventory.
1252 (2) An individual development account may be established by or on behalf of a [
1253 recipient to enable [
1254 (a) postsecondary educational expenses [
1255 tuition, fees, books, supplies, and transportation costs, if:
1256 (i) the recipient has terminated cash assistance under this chapter; and
1257 (ii) the expenses are paid from the individual development account directly to an
1258 educational institution that the [
1260 (b) qualified acquisition costs associated with a first-time home purchase if paid from
1261 the individual development account directly to a person to whom the amount is due;
1262 (c) amounts paid from an individual development account directly to a business
1263 capitalization account that is established in a federally insured financial institution and used
1264 solely for qualified business capitalization expenses; or
1265 (d) the purchase of assistive technologies, vehicle modifications, or home
1266 improvements [
1267 work-related activities.
1268 (3) A [
1269 not-for-profit organization into an individual development account.
1270 Section 35. Section 35A-3-313 is amended to read:
1271 35A-3-313. Performance goals.
1280 assistance provided under this part.
1282 goals that will be used in the performance monitoring system for cash assistance under this
1285 Section 35A-1-109, a description of the difference between actual performance and
1286 performance goals for the second, third, and fourth quarters of the prior fiscal year and the first
1287 quarter of the current fiscal year.
1289 information described in Subsection [
1290 has oversight responsibilities for the Department of Workforce Services during the general
1291 session of the Legislature that follows the submission of the report.
1293 the budget for services [
1294 Section 36. Section 35A-3-401 is amended to read:
1296 35A-3-401. General Assistance.
1297 (1) (a) The department may provide General Assistance [
1298 individuals who are:
1299 (i) not receiving cash assistance under Part 3, Family Employment Program, or
1300 Supplemental Security Income[
1301 (ii) unemployable according to standards established by the department.
1302 (b) (i) General Assistance [
1303 include payment in cash or in kind.
1304 (ii) The [
1305 that is no more than the existing payment level for an otherwise similarly situated [
1306 recipient receiving cash assistance under Part 3, Family Employment Program.
1307 (c) The [
1309 (d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
1310 applicant for the federal Supplemental Security Income [
1311 Disabled program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the
1313 the Social Security Administration.
1314 (ii) General Assistance payments may not be made to a [
1315 currently receiving:
1316 (A) cash assistance; or
1317 (B) Supplemental Security Income for the Aged, Blind, and Disabled.
1318 (e) (i) General Assistance may be used for the reasonable cost of burial for a [
1319 recipient if heirs or relatives are not financially able to assume this expense.
1320 (ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed[
1321 Section 53B-17-301 applies.
1322 (iii) The department shall fix the cost of a reasonable burial and conditions under
1323 which burial expenditures may be made.
1324 (2) The [
1325 any private nonprofit agency, in establishing work projects to provide employment for
1326 employable persons.
1327 Section 37. Section 35A-3-402 is amended to read:
1328 35A-3-402. Calculation of General Assistance grants.
1330 under Section 35A-3-401[
1332 (1) within amounts appropriated by the Legislature; and
1333 (2) calculated in a manner [
1334 provided in Section 35A-3-302.
1335 Section 38. Section 35A-3-502 is amended to read:
1336 35A-3-502. Definitions of social capital.
1337 (1) As used in this part[
1338 civic organization, including values, cooperation, strength to families and neighborhoods, and
1339 ensuring livable communities and nurturing environments.
1355 (2) Social capital links society together by:
1356 (a) creating opportunities for service and giving;
1357 (b) facilitating trust and cooperation; and
1358 (c) enhancing investments in physical and human capital.
1359 Section 39. Section 35A-3-503 is amended to read:
1360 35A-3-503. Purpose -- Limitations.
1371 (1) Using social capital, [
1372 chapter may receive a wide array of services [
1373 government alone. [
1377 (a) the constitutional limits of state government to sustain civic institutions that
1378 provide social capital[
1379 (b) that the state does not create [
1380 civic institutions; and
1381 (c) that state government [
1382 constitutionally encourage strong civic institutions that sustain a sense of community [
1384 Section 40. Section 35A-3-504 is amended to read:
1385 35A-3-504. Relationship of civic and state services.
1386 (1) (a) Services and supports provided by a civic organization under this part are in
1387 addition to, and not in lieu of, any service [
1388 department to a recipient.
1389 (b) Receipt of services from a civic organization may not diminish a [
1390 recipient's eligibility for services [
1391 (2) [
1392 a civic organization.
1393 (3) A civic organization is under no obligation to provide services to a person, except
1394 as provided in a contract between the organization and the [
1395 under Section 35A-3-507.
1396 Section 41. Section 35A-3-505 is amended to read:
1397 35A-3-505. Application -- Referral to civic organizations.
1398 (1) The [
1399 (a) shall[
1402 (b) may inform the applicant of the availability of [
1403 services provided by civic organizations.
1404 (2) (a) If an applicant chooses to receive [
1405 organization, the [
1406 appropriate civic organizations.
1407 (b) If an applicant chooses not to receive the services [
1408 organization or requests services [
1409 services [
1410 application as provided under this chapter.
1411 Section 42. Section 35A-3-506 is amended to read:
1412 35A-3-506. Diversion payment -- Referral to civic organizations.
1414 the [
1415 (1) shall assess whether the [
1416 would benefit from services [
1417 (2) may inform the [
1418 organizations provide.
1419 Section 43. Section 35A-3-507 is amended to read:
1420 35A-3-507. Request for proposals from civic organizations -- Contract
1422 (1) (a) [
1423 designee may issue a request for proposals[
1425 social capital.
1426 (b) [
1427 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall establish
1428 by rule:
1429 (i) specifications for proposals;
1430 (ii) deadlines for submissions;
1431 (iii) contents of proposals;
1432 (iv) the criteria upon which proposals will be accepted; and
1433 (v) the amount of available funding.
1434 (2) Within appropriations from the Legislature, the director may enter into[
1437 (a) the funding, if any, to be provided to the civic organization by the [
1439 (b) the geographical boundary within which the civic organization is to provide
1440 services [
1441 (c) a description of the services [
1442 to [
1443 (d) the performance monitoring system to be used by the civic organization to evaluate
1444 the [
1445 (e) other provisions [
1447 (3) (a) A contract between the [
1448 section is for a defined period of time and a fixed funding amount.
1449 (b) If a contract provides public funds, the civic organization [
1450 comply with all applicable state and federal law with respect to those funds, [
1452 (4) The services [
1453 not include eligibility determinations, cash assistance, [
1454 quality assurance related to these functions.
1455 Section 44. Section 35A-3-508 is amended to read:
1456 35A-3-508. Inventory of civic organizations.
1457 (1) [
1459 described in Section 35A-3-510, shall complete a statewide inventory of interested civic
1461 include for each participating civic organization:
1462 (a) a description of the services [
1463 (b) the geographical locations served;
1464 (c) methods of accessing services; and
1465 (d) eligibility requirements for services.
1466 (2) The inventory shall be [
1467 a usable form as a resource directory for [
1468 Section 45. Section 35A-3-510 is amended to read:
1469 35A-3-510. Coalition of civic and other organizations.
1470 (1) The director shall convene a coalition of civic organizations, representatives of the
1472 public officials, community leaders, members of the Legislature, and other persons and
1473 organizations as [
1474 (2) The coalition shall offer advice to the director on issues relevant to this part.
1475 Section 46. Section 35A-3-601 is amended to read:
1477 35A-3-601. Title.
1478 This part [
1480 Section 47. Section 35A-3-603 is amended to read:
1481 35A-3-603. Civil liability for overpayment.
1485 overpayment shall, regardless of fault, return the overpayment or repay its value to the
1486 department immediately:
1487 (a) upon receiving written notice of the overpayment from the department; or
1488 (b) upon discovering the overpayment, if that occurs [
1490 balance of the overpayment shall accrue at the rate of 1% a month.
1491 (b) If the overpayment was not the fault of the person receiving it, that person is not
1492 liable for interest on the unreturned balance.
1493 (c) In accordance with federal law and rules made by the department in accordance
1494 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an overpayment may be
1495 recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
1496 cash-related assistance provided to a [
1497 provided by federal law.
1499 person in obtaining an overpayment is jointly and severally liable for the overpayment.
1501 35A-3-605, when fault is alleged, the department shall prove by clear and convincing evidence
1502 that the overpayment was obtained intentionally, knowingly, recklessly as "intentionally,
1503 knowingly, and recklessly" are defined in Section 76-2-103, by false statement,
1504 misrepresentation, impersonation, or other fraudulent means, [
1505 committing any of the acts or omissions described in Sections 76-8-1203 [
1506 or 76-8-1205.
1507 (b) If fault is established under Subsection [
1508 Chapter 8, Part 12, Public Assistance Fraud, [
1509 obtain an overpayment [
1510 (i) a civil penalty of 10% of the amount of the overpayment; and
1511 (ii) disqualification from receiving cash assistance from the Family Employment
1512 Program created in Section 35A-3-302 and the General Assistance program under Section
1513 35A-3-401, if the overpayment was obtained from either of those programs, for [
1516 (iii) disqualification from [
1517 overpayment was received from SNAP, for the period described in Subsection (4)(c).
1518 (c) Unless otherwise provided by federal law, the period of a disqualification under
1519 Subsection (4)(b)(ii) and (iii) is for:
1520 (i) 12 months for [
1521 (ii) 24 months for [
1522 (iii) permanently for [
1524 department may recover, in addition to the principal sum plus interest, reasonable [
1525 attorney fees and costs [
1526 (b) If the repayment obligation arose from an administrative error by the department,
1527 the department may not recover attorney fees and costs.
1529 by the person from whom repayment is sought, the court shall assess an additional sum as
1530 considered appropriate as punitive damages up to the amount of repayment being sought.
1532 governed by Title 76, Chapter 8, Part 12, Public Assistance Fraud.
1535 its responsibilities under Title 26, Chapter 19, Medical Benefits Recovery Act, and Chapter 20,
1536 Utah False Claims Act.
1537 Section 48. Section 35A-3-604 is amended to read:
1538 35A-3-604. Obligor presumed to have notice of department's rights -- Authority
1539 to administer oaths, issue subpoenas, and compel witnesses and production of documents
1540 -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative
1542 (1) An obligor is presumed to have received notice of the rights of the department
1543 under this part upon engaging in this state in any of the acts described in Subsections
1545 (2) For the purposes of this part, the department may administer oaths and certify
1546 official acts, issue subpoenas, and compel witnesses and the production of business records,
1547 documents, and evidence.
1548 (3) (a) Except when an overpayment results from administrative error, the department
1549 may recover from the obligor:
1550 (i) reasonable attorneys' fees;
1551 (ii) costs incurred in pursuing administrative remedies under this part; and
1552 (iii) interest at the rate of 1% a month accruing from the date an administrative or
1553 judicial order is issued determining the amount due under this part.
1554 (b) The department may recover interest, [
1555 of the assessment has been included in a notice of agency action issued in [
1556 compliance with Title 63G, Chapter 4, Administrative Procedures Act.
1557 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1558 department may make, amend, and enforce rules to carry out the provisions of this part.
1559 (5) Service of all notices and orders under this part shall comply with:
1560 (a) Title 63G, Chapter 4, Administrative Procedures Act[
1561 (b) Utah Rules of Civil Procedure[
1562 (c) rules made by the department under this part in accordance with Title 63G, Chapter
1563 3, Utah Administrative Rulemaking Act, that meet standards required by due process.
1564 Section 49. Section 35A-3-605 is amended to read:
1565 35A-3-605. Issuance or modification of administrative order -- Voluntary
1566 acknowledgment of overpayment -- Court orders supersede administrative orders --
1567 Notification requirement.
1571 an administrative order that:
1572 (i) determines whether an overpayment was made, the amount of the overpayment, and
1573 whether benefits were obtained by an intentional program violation;
1574 (ii) reduces the overpayment [
1575 (iii) renews an administrative judgment.
1576 (b) The department shall commence an adjudicative proceeding to renew a judgment
1577 by serving notice of agency action on the obligor before the judgment is barred by the
1578 applicable statute of limitations.
1580 obligation and enter into stipulated agreements to issue orders and judgments.
1582 unless it is in direct conflict with or is superseded by a provision of a court order.
1583 (b) To the extent of any conflict, the court order governs.
1585 obligor shall notify the department of any subsequent change of address or employment.
1586 Section 50. Section 35A-3-606 is amended to read:
1587 35A-3-606. Docketing abstract of final administrative order -- Real property and
1588 personal property liens -- Effect of order -- Execution.
1589 (1) (a) An abstract of a final administrative order may be docketed in the district court
1590 of any county in the state.
1591 (b) The time of receipt of the abstract shall be noted by the clerk on the abstract and
1592 entered in the docket.
1593 (2) (a) From the time the abstract is docketed in the judgment docket of a district court,
1594 any administrative judgment included in the order abstracted constitutes a lien upon the real
1595 property of the obligor situated in that county.
1596 (b) Unless satisfied, the lien is for a period of eight years from the date the order is
1597 entered [
1598 (3) The final administrative order fixing the liability of the obligor shall have the same
1599 effect as any other money judgment entered in a district court.
1600 (4) [
1601 garnishment, or execution on a judgment included in or accruing under an administrative order
1602 filed and docketed under this section shall be in the same manner and with the same effect as
1603 an attachment, garnishment, or execution on a judgment of a district court[
1604 (b) A writ of garnishment on earnings shall continue to operate and require the
1605 garnishee to withhold the nonexempt portion of the earnings at each succeeding earnings
1606 disbursement interval until released in writing by the department or by court order.
1607 (5) The lien and enforcement remedies provided by this section are in addition to any
1608 other lien or remedy provided by law.
1609 Section 51. Section 35A-3-607 is amended to read:
1610 35A-3-607. Property subject to execution or lien -- Restriction on transfer or
1611 conveyance -- Release of excess amount above liability to obligor.
1612 (1) [
1613 abstract has been docketed and a lien established under this part, a person in possession of
1615 transfer, encumber, or convey that property to [
1617 (b) The restrictions under Subsection (1)(a) do not apply if the person in possession
1618 first receives a release or waiver from the department, or a court order releasing the lien or
1619 stating that the liability does not exist or has been satisfied.
1620 (2) If a person has in his possession earnings, deposits, accounts, or balances owed to
1621 the obligor in excess of $100 over the amount of the liability claimed by the department, [
1622 the person may, without liability under this part, release the excess to the obligor.
1623 Section 52. Section 35A-3-608 is amended to read:
1624 35A-3-608. Schedule of payments to be paid upon liability -- Establishment --
1626 (1) [
1627 (a) consistent with the income, earning capacity, and resources of the obligor, set or
1628 reset the level and schedule of payments to be paid upon the liability; and
1629 (b) [
1631 (2) The department may recover an overpayment through deductions from cash
1632 assistance or SNAP benefits under Section 35A-3-603.
1633 Section 53. Section 35A-3-609 is amended to read:
1634 35A-3-609. Statute of limitation -- Enforcement of lien or order.
1636 under this part [
1638 Section 54. Section 35A-3-610 is amended to read:
1639 35A-3-610. Legal representation at hearings.
1640 (1) A party may be represented by legal counsel at [
1641 (2) At the request of the department [
1642 county attorney [
1644 Section 55. Section 35A-3-701, which is renumbered from Section 35A-3-116 is
1645 renumbered and amended to read:
1648 Committee and director duties -- Restrictions.
1649 (1) There is created an expendable special revenue fund, known as the "Refugee
1650 Services Fund."
1651 (2) The director shall administer the fund with input from the department and any
1652 advisory committee involved with the provision of refugee services within the department.
1653 (3) (a) Money shall be deposited into the fund from legislative appropriations, federal
1654 grants, private foundations, and individual donors.
1655 (b) The director shall encourage a refugee who receives services funded under
1656 Subsection (8) to be a donor to the fund when the refugee's financial situation improves
1657 sufficiently to make a donation.
1658 (4) Except for money restricted to a specific use under federal law or by a donor, the
1659 director may not spend money from the fund without the input described in Subsection (2).
1660 (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1661 State Money Management Act, and all interest or other earnings derived from the fund money
1662 shall be deposited in the fund.
1663 (6) Money in the fund may not be used by the director for administrative expenses.
1664 (7) If the department establishes a refugee services advisory committee referenced in
1665 Subsection (2), the committee may:
1666 (a) advise the director on refugee services needs in the state and on relevant operational
1667 aspects of any grant or revenue collection program established under this part;
1668 (b) recommend specific refugee projects to the director;
1669 (c) recommend policies and procedures for administering the fund;
1670 (d) make recommendations on grants made from the fund for refugee services activities
1671 authorized under this section;
1672 (e) advise the director on the criteria by which grants from the fund shall be made;
1673 (f) recommend the order approved projects should be funded;
1674 (g) make recommendations regarding the distribution of money from the fund in
1675 accordance with federal or donor restrictions; and
1676 (h) have joint responsibility to solicit public and private funding for the fund.
1677 (8) The director may use fund money to:
1678 (a) train an existing refugee organization to develop its capacity to operate
1679 professionally and effectively and to become an independent, viable organization; or
1680 (b) provide grants to refugee organizations and other entities identified in Subsection
1681 (9) to assist them:
1682 (i) with case management;
1683 (ii) in meeting emergency housing needs for refugees;
1684 (iii) in providing English language services;
1685 (iv) in providing interpretive services;
1686 (v) in finding and maintaining employment for refugees;
1687 (vi) in collaborating with the state's public education system to improve the
1688 involvement of refugee parents in assimilating their children into public schools;
1689 (vii) in meeting the health and mental health needs of refugees;
1690 (viii) in providing or arranging for child care services; or
1691 (ix) in administering refugee services.
1692 (9) The director, with the input described in Subsection (2), may grant fund money for
1693 refugee services outlined in Subsection (8) through a request for proposal process to:
1694 (a) local governments;
1695 (b) nonprofit community, charitable, or neighborhood-based organizations or private
1696 for-profit organizations involved with providing or arranging for the provision of refugee
1697 services; or
1698 (c) regional or statewide nonprofit organizations.
1699 (10) (a) The director shall enter into a written agreement with each [
1700 that successfully applies for a grant [
1701 (b) The agreement shall include specific terms for each grant consistent with the
1702 provisions of this section, including the structure, amount, and nature of the grant.
1703 (11) The director shall monitor the activities of the recipients of grants issued from the
1704 fund on an annual basis to ensure compliance with the terms and conditions imposed on the
1705 recipient by the fund.
1706 (12) The director shall require an entity that receives a grant under this section to
1707 provide periodic accounting of how the money was used.
1708 (13) As part of the annual written report described in Section 35A-1-109, the director
1709 shall report the status of the fund, including programs and services funded by the fund.
1710 Section 56. Section 35A-3-702, which is renumbered from Section 35A-3-117 is
1711 renumbered and amended to read:
1713 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1714 department may make rules to provide for the administration and coordination of services to
1715 refugees beyond the time period refugee assistance is provided or funded by the federal
1716 government, including the provision of:
1717 (a) services to address emergency needs;
1718 (b) English language training; and
1719 (c) services for victims of domestic violence.
1720 (2) The director shall administer and coordinate services under this section:
1721 (a) with input from the department and any office or advisory committee involved with
1722 the provision of refugee services within the department; and
1723 (b) in accordance with any state and federal requirements related to the provision of
1724 services to refugees.
1725 Section 57. Section 76-8-1201 is amended to read:
1726 76-8-1201. Definitions.
1727 As used in this part:
1728 (1) "Client" means a person who receives or has received public assistance.
1729 (2) "Overpayment" [
1730 in Section [
1731 (3) "Provider" [
1732 Section 62A-11-103.
1733 (4) "Public assistance" [
1734 defined in Section 35A-1-102.
1735 Section 58. Section 76-8-1205 is amended to read:
1736 76-8-1205. Public assistance fraud defined.
1737 Each of the following persons, who intentionally, knowingly, or recklessly commits any
1738 of the following acts, is guilty of public assistance fraud:
1739 (1) [
1740 SNAP benefits as defined in Section 35A-1-102, a SNAP identification card, a certificate of
1741 eligibility for medical services, a Medicaid identification card, a fund transfer instrument, a
1742 payment instrument, or a public assistance warrant in a manner not allowed by law;
1743 (2) [
1744 benefits as defined in Section 35A-1-102, or [
1745 eligibility for medical services, Medicaid identification card, or other public assistance with
1746 which [
1747 connection with [
1748 public assistance program;
1749 (3) [
1750 in this section;
1751 (4) [
1752 failing to comply with any applicable requirement in Sections 76-8-1203 and 76-8-1204;
1753 (5) [
1754 funded public assistance program for goods or services not provided to or for a client of that
1756 (6) [
1757 or federal law, rule, or provider agreement for goods or services not authorized under the state
1758 or federally funded public assistance program for which the goods or services were provided;
1759 (7) [
1761 (8) [
1762 provided, or bills in an amount greater than allowed by law or rule;
1763 (9) [
1764 in excess of the amount [
1765 public assistance, and fails to notify the state agency to which the client previously reported
1766 within 10 days after acquiring the excess income or resources;
1767 (10) [
1768 with intent to obtain or help another obtain an "overpayment" as defined in Section
1770 (11) [
1772 Section 59. Repealer.
1773 This bill repeals:
1774 Section 35A-3-602, Definitions.