1     
EMPLOYMENT SUPPORT ACT REVISIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian E. Shiozawa

5     
House Sponsor: Rebecca P. Edwards

6     

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:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
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
87     250)
88     REPEALS:
89          35A-3-602, as last amended by Laws of Utah 2008, Chapter 382
90     

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.
94          [(1)] This chapter [shall be] is known as the "Employment Support Act."
95          [(2) A person eligible for employment assistance under Chapter 3 or 5 shall receive any
96     assistance under the applicable chapter, including stabilization, assessment, training, or
97     placement, through the department in accordance with Chapter 2, Part 2, Service Delivery.]
98          Section 2. Section 35A-3-102 is amended to read:
99          35A-3-102. Definitions.
100          [Unless otherwise specified, as] As used in this chapter:
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.
104          [(1)] (3) "Applicant" means a person who requests assistance under this chapter.
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.
109          [(2)] (5) "Average monthly number of families" means the average number of families
110     who received cash assistance on a monthly basis during the previous federal fiscal year.
111          [(3)] (6) "Cash assistance" means [a] the monthly dollar amount [of cash a client] a
112     recipient is eligible to receive under the Family Employment Program under Section
113     35A-3-302.
114          [(4)] (7) "Child care services" means care of a child by a responsible person who is not
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 [rule, by a responsible person who is not the child's parent or
117     legal guardian] rules made by the department in accordance with Title 63G, Chapter 3, Utah
118     Administrative Rulemaking Act.
119          (8) (a) "Civic organization" means an organization that provides services to its
120     community.
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.
130          [(5)] (10) "Date of enrollment" means the date on which the applicant was approved as
131     eligible for cash assistance.
132          [(6)] (11) "Director" means the director of the division assigned by the department to
133     administer a program.
134          [(7)] (12) "Diversion" or "diversion payment" means a [single payment of cash
135     assistance] one-time cash assistance payment under Section 35A-3-303 to a [client] recipient
136     who is eligible for cash assistance, but does not require extended cash assistance under Part 3,
137     Family Employment Program.
138          [(8) "Division" means the Employment Development Division.]
139          [(9)] (13) "Education or training" means:
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.
148          [(10)] (14) "Full-time education or training" means training on a full-time basis as
149     defined by the educational institution attended by the parent [client] recipient.
150          [(11)] (15) "General assistance" means financial assistance provided to a person [who
151     is not otherwise eligible for cash assistance under Part 3, Family Employment Program,
152     because that person does not live in a family with a related dependent child] under Part 4,
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.
169          [(12)] (19) "Parent [client] recipient" means a person who enters into an employment
170     plan with the [division] department to qualify for cash assistance under Part 3, Family
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.
178          [(13)] (23) "Plan" or "state plan" means the state plan submitted to the Secretary of the
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.
184          [(14)] (25) "Single minor parent" means a person under 18 years of age who is not
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 [division] department shall:
192          (1) administer public assistance programs assigned by the Legislature and the
193     governor;
194          (2) determine eligibility [in accordance with the requirements of this chapter] for
195     public assistance programs [assigned to it by the Legislature or the governor] in accordance
196     with the requirements of this chapter;
197          (3) cooperate with the federal government in the administration of public assistance
198     programs;
199          (4) administer [the Utah] state employment [service] services in accordance with
200     Section 35A-3-115;
201          (5) provide for the compilation of necessary or desirable information, statistics, and
202     reports;
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 [more] effective and efficient operation of
206     [all] the programs [under the administration of] administered by the [division] department;
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 [and support] that enable [clients] an applicant or recipient to
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) [When] Subject to funds made available for this purpose and subject to federal and
222     state law, when providing services to a recipient in the programs provided under this chapter,
223     the department shall[, within funds appropriated by the Legislature and in accordance with the
224     requirements of federal and state law and memorandums of understanding between the
225     department and other state entities that provide services to a recipient,] give priority to
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 [division, in consultation with the] department[,] may contract with other public or
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 [division] department may have access to relevant information contained in the
258     income tax returns of [a client, applicant, or] an applicant, a recipient, or a person who has a
259     duty to support [a client] an applicant or recipient, in determining:
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 [division] department shall be:
264          (a) provided by the State Tax Commission on forms furnished by the [division]
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[, by the division].
268          Section 7. Section 35A-3-106 is amended to read:
269          35A-3-106. Residency requirements.
270          [To be] (1) An applicant is only eligible for public assistance under this chapter[, an] if
271     the applicant [shall be] is living in Utah voluntarily with the intention of making [this] the state
272     the applicant's place of residence[, and not].
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) [The division shall obtain] An applicant shall provide an assignment of support
278     [from each applicant or client] to the department regardless of whether the payment is court
279     ordered.
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 [client]
283     recipient has not executed and delivered an assignment of support to the [division] department
284     as required by Subsection (1)(a).
285          [(c) The right to support described in Subsection (1)(b) includes a right to support in
286     the applicant's or client's own behalf or in behalf of any family member for whom the applicant
287     or client is applying for or receiving assistance.]
288          (2) An assignment of support, or a [passing of rights under Subsection (1)(b)] right to
289     receive support passed to the state, includes payments ordered, decreed, or adjudged by [any] a
290     court within this state, [any other] another state, or a territory of the United States and is not in
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
293     [department] state under [Subsection (1)(b), the applicant or client] this section, the recipient is
294     eligible to regular monthly assistance and the support paid to the [division] state is a refund.
295          (4) All [sums] money refunded under this section shall be deposited into the General
296     Fund, except any amount which is required to be credited to the federal government[, shall be
297     deposited into the General Fund].
298          (5) On and after the date a [family] recipient stops receiving cash assistance, an
299     assignment of support under [Subsection (1)] this section does not apply to [any] support that
300     accrued before the [family] recipient received [such] the cash assistance [if the department has
301     not collected the support by the date the family stops receiving cash assistance, if the
302     assignment is executed on or after October 1, 1998.] if:
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 [department] state shall distribute arrearages to [families] a recipient in
307     accordance with the requirements of the Social Security Act, 42 U.S.C. Sec. 657.
308          (7) [The total amount of] When an assignment of support includes child support, the
309     total amount of child support assigned to the [department] state and collected under this section
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) [When it appears necessary or advisable,] At the discretion of the department, the
314     department may pay the public assistance [may be paid] to the legal guardian of [an applicant
315     or client] a recipient.
316          (2) The [division] department may only provide cash assistance on behalf of an eligible
317     recipient under Part 3, Family Employment Program, [on behalf of an eligible client,] to
318     another individual interested in or concerned with the welfare of the [client only when]
319     recipient if:
320          (a) by reason of the [client's] recipient's physical or mental condition, the [client]
321     recipient is unable to manage funds;
322          (b) [when] the provision of cash assistance directly to the [client] recipient would be
323     contrary to the [client's] recipient's welfare; or
324          (c) [when] the [division] department is [so directed by] acting according to federal
325     requirements.
326          (3) The [division] department shall:
327          (a) undertake or contract with other state agencies to make special efforts to protect the
328     welfare of [clients] a recipient and improve [their] the recipient's capacity for self-care[.
329     Periodic]; and
330          (b) periodically review [of a client's] a recipient's condition [is required. When
331     conditions change,] to determine whether, in the best interest of the recipient:
332          (i) cash assistance that is provided to an individual other than the [client shall] recipient
333     should be discontinued [or, when advisable,]; or
334          (ii) a legal guardian [shall] should be appointed[, whichever action best serves the
335     interests and welfare of the client].
336          Section 10. Section 35A-3-110 is amended to read:
337          35A-3-110. Third party obligation -- Interest.
338          [Whenever the division] (1) If the department expends public assistance on behalf of [a
339     client] a recipient for services or supplies, for which another person is obligated to reimburse
340     the [division, that other] department, the department shall notify the person of the obligation to
341     make the reimbursement.
342          (2) Upon receiving notification under Subsection (1), the notified person shall make
343     [such] the reimbursement within 60 days [of notification by the division. If reimbursement is
344     not made within that period, and no extension of time is granted by the division, interest shall
345     accrue on the].
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 [is responsible for the recovery of] shall recover overpayments
352     [required] as described in Section 35A-3-603.
353          (2) [Excess property liens required in the various programs] An excess property lien
354     that is required by a department program, but is not transferred to the federal government [shall
355     remain], remains a condition of eligibility in public assistance programs.
356          (3) A [client can] recipient may appeal an initial department determination that there
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[,] at law or in
363     equity[, and none].
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[,]; or [to]
366          (b) the operation of [any] bankruptcy or insolvency law.
367          Section 13. Section 35A-3-113 is amended to read:
368          35A-3-113. Prohibition of charges or fees for representing applicants or
369     recipients.
370          [A] Except for criminal proceedings, a person may not [make any] charge or receive
371     [any] a fee for representing an applicant [or client in any] or recipient in a proceeding under
372     this chapter, [except criminal proceedings,] or with respect to [any] an application, [whether
373     the fee or charge is to be paid by the applicant, client, or any other person, if that fee is in
374     excess of an amount] in an amount greater than the amount determined by the court or body
375     before whom an applicant or [client] recipient has been represented regardless of who pays the
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 [division] department shall establish and maintain [free] public
381     employment offices in a manner and in places as [may be] necessary for the proper
382     administration of this chapter and for the purposes of performing the functions [as are within
383     the purview of the Act of Congress entitled "An act to provide for the establishment of a
384     national employment system and for co-operation with the states in the promotion of such
385     system, and for other purposes," approved June 6, 1933, 48 Stat. 113; U. S. Code, Title 29,
386     Section 49 (c) as amended, hereinafter referred to as the "Wagner-Peyser Act."] described in
387     the Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended.
388          (b) The [division] department shall consult with the directors of economic service areas
389     when determining the location of public employment offices.
390          (c) The [division] department may locate a public employment office in connection
391     with [or as an integrated part of] an employment center established under Section 35A-2-203.
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 [this] the state.
394          (b) The department is designated and constitutes the agency of [this] the state for the
395     purposes of the [act] Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended.
396          (3) (a) For the purpose of establishing and maintaining [free] public employment
397     offices, and promoting the use of [their facilities] the offices, the [division] department may
398     enter into agreements with [the railroad retirement board, or any other] any agency or
399     department of the United States, [or of this or any other state, charged with the administration
400     of any law whose purposes are reasonably related to the purposes of this chapter] this state, or
401     another state.
402          (b) As a part of an agreement entered into under Subsection (3)(a), the [division]
403     department may accept money, services, or [quarters] facilities as a contribution to the
404     maintenance of the state system of public employment offices or as reimbursement for services
405     performed.
406          Section 15. Section 35A-3-201 is amended to read:
407     
Part 2. Office of Child Care

408          35A-3-201. Definitions.
409          As used in this part:
410          (1) "Child care" means the child care services [referred to] defined in [Subsection]
411     Section 35A-3-102[(4) provided] for:
412          (a) children [through] age 12 or younger; and
413          (b) children with disabilities [through] age 18 or younger.
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
419     35A-3-205.
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
425     Care.
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
428     director.
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 [that will] to improve the quality
448     and accessibility [and that will further the purposes of the office and] of child care, early
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
452     programs;
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
461     office;
462          (2) supervise office staff and prepare an annual work plan; and
463          (3) apply for, accept, and expend [gifts or] donations from public or private sources to
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 [to include], including:
470          (a) [a review of and recommendations] reviewing and providing recommendations on
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 [new] money in the Child Care Fund and
475     other money that comes into the office[, including those for the Child Care Fund].
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 [in the] related to child
489     care [arena];
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
494     association;
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 [in accordance with] as allowed in:
519          (a) Section 63A-3-106;
520          (b) Section 63A-3-107; and
521          (c) rules made by the Division of Finance [pursuant] according to Sections 63A-3-106
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 --
525     Restrictions.
526          (1) There is created an expendable special revenue fund known as the "Child Care
527     Fund."
528          (2) The director of the office shall administer the fund under the direction of the
529     committee.
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
535     purposes.
536          (c) Money collected by [the] a nonprofit corporation or foundation described in this
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) [There shall] Money may be deposited into the fund [money] from [numerous] a
543     variety of sources, including[,] grants, private foundations, and individual donors.
544          (b) The fund shall be used to accept money designated for child care initiatives
545     [improving] that will improve the quality, affordability, or accessibility of child care.
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 [money] shall be deposited in the fund.
551          (7) The money in the fund may not be used for administrative expenses of the office
552     [normally] provided for by legislative appropriation.
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
556     part;
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 [upon] on the money by the
565     donors; and
566          (h) have joint responsibility with the office to solicit public and private funding for the
567     fund.
568          (9) Fund money shall be used for [any of] the following activities:
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 [fund] money from the fund for child care purposes to:
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 [applicants for fund
584     money], entities that apply for money from the fund and that demonstrate [any of] the
585     following:
586          (a) programmatic or financial need;
587          (b) diversity of [clientele] beneficiaries or geographic location; [and] or
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 [recipients of] entities that receive grants, loans, or contracts
591     issued from the fund [on an annual basis] to ensure compliance with the terms and conditions
592     imposed on the [recipient] entities by the fund.
593          (13) [The entities receiving grants, loans, or contracts] Each entity receiving a grant,
594     loan, or contract shall provide the director of the office with an annual accounting of how the
595     money [they] the entity received from the fund has been spent.
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
599     35A-1-109.
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 [grants] a grant under this section, the department shall:
618          (a) request proposals for funding from potential qualified sponsors; and
619          [(b) comply with the requirements of Subsection (4).]
620          [(4) In awarding these grants, the department shall]
621          (b) ensure that each dollar of funds from political subdivisions or private funds is
622     matched for each dollar received from the department. [The]
623          (4) In meeting the matching requirements under Subsection (3), the department may
624     consider the value of in-kind contributions [such as], including materials, supplies, paid labor,
625     volunteer labor, and the incremental increase in building maintenance and operation expenses
626     incurred attributable to the prevention program [may be considered in meeting this match
627     requirement].
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 [ameliorated] addressed through the proposed
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 [specified]
639     described in Subsection (5)(b)(i).
640          (6) [At] The department shall award at least [50 percent] 50% of the grants [awarded]
641     under this section [shall be awarded] to organizations described in Subsection (1)(b)(iv).
642          (7) [No federal funds shall be used] The department may not allow the use of federal
643     funds as matching funds under this act.
644          Section 22. Section 35A-3-301 is amended to read:
645     
Part 3. Family Employment Program

646          35A-3-301. Purpose -- Legislative findings.
647          (1) The Legislature finds that:
648          (a) [it is in the public interest to fundamentally alter the state's cash assistance program
649     for needy families with children; (b)] employment improves the quality of life for parents,
650     children, and individuals by increasing family income, developing job skills, and improving
651     self-esteem; and
652          [(c)] (b) the purpose of the cash assistance provided under this part is to assist a parent
653     [client] recipient to obtain employment that is sufficient to sustain a family, to ensure the
654     dignity of those receiving assistance, and to strengthen families.
655          (2) The Legislature recognizes that even with assistance, some [clients] recipients may
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) [The program of] There is created the "Family Employment Program" to provide
660     cash assistance [provided] under this part [is known as the Family Employment Program].
661          (2) (a) The [division] department shall submit a state plan to the Secretary of the
662     United States Department of Health and Human Services to obtain [federal] funding under the
663     federal Temporary Assistance for Needy Families Block Grant.
664          (b) The [division] department shall make the state plan consistent with this part and
665     federal law.
666          (c) If a discrepancy [arises] exists between a provision of the state plan and this part,
667     this part supersedes the provision in the state plan.
668          (3) The services [and supports] provided under this part are for both one-parent and
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) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
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
682     35A-3-304.5.
683          (6) [The division shall disregard] To determine eligibility, the department may not
684     consider money on deposit in an Individual Development Account established under Section
685     35A-3-312 [in determining eligibility].
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) [the] amount of cash assistance a family [would be] is eligible to receive.
693          (b) The department shall submit the report under Subsection (8)(a) prior to
694     implementing the proposed rule change [and the].
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
697     change;
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.
701          [(c)] (d) The department may use the Notice of Proposed Rule Amendment form filed
702     with the Division of Administrative Rules as its report if the notice contains the information
703     required under Subsection (8)[(b)](c).
704          (9) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
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
723     unclothed.
724          (11) An establishment [in the state] described under Subsection (10)(a), (b), or (c) may
725     not allow an individual to access the assistance [described in] under this section on the
726     establishment's premises through an electronic benefit transfer, including through an automated
727     teller machine or point-of-sale device[, if the establishment: (a) exclusively or primarily sells
728     intoxicating liquor; (b) allows gambling or gaming; or (c) provides adult-oriented
729     entertainment where performers disrobe or perform unclothed].
730          (12) In accordance with federal requirements[,] and in accordance with Title 63G,
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.
735          [(13) When exercising rulemaking authority under this part, the department shall
736     comply with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
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 [division]
740     department shall assess whether the applicant should be [diverted from receiving extended cash
741     assistance.] helped by:
742          (i) diversion to avoid extended cash assistance; or
743          (ii) normal cash assistance under this part.
744          (b) In completing the assessment[, the division shall] under this section, the department
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.
753          [(b) A finding by the division with regard to eligibility for diversion shall primarily
754     consider whether, but for the diversion assistance received under this section, the applicant
755     would receive extended cash assistance.]
756          (2) If the [division] department determines that the applicant [is eligible for] should be
757     helped by diversion [assistance] and the applicant agrees with this determination, the [division]
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) [When] If the department determines that diversion is not appropriate, an applicant
762     may receive cash assistance as [otherwise] provided in this part.
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 [20] 30 business days of the date of enrollment, the department shall
767     provide that a parent [client shall] recipient:
768          (i) [be] is assigned an employment counselor; and
769          (ii) [complete] completes an assessment provided by the [division] department
770     regarding the parent [client's] recipient's:
771          [(A) family circumstances;]
772          [(B) education;]
773          [(C) work history;]
774          [(D) skills;]
775          [(E) ability to become self-sufficient; and]
776          (A) prior work experience;
777          (B) ability to become employable;
778          (C) skills; and
779          [(F)] (D) likelihood of a substance use disorder involving the misuse of a controlled
780     substance.
781          (b) The assessment provided under Subsection (1)(a)(ii) shall include:
782          (i) a survey to be completed by the parent [client] recipient with the assistance of the
783     [division] department; and
784          (ii) a written questionnaire to be completed by the parent [client] recipient designed to
785     accurately determine the likelihood of the parent [client] recipient having a substance use
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 [client] recipient indicate a reasonable likelihood that the parent
789     [client] recipient has a substance use disorder involving the misuse of a controlled substance,
790     the parent [client] recipient may only receive cash assistance provided under this part in
791     accordance with the additional requirements of Section 35A-3-304.5.
792          (2) (a) Within 15 business days of a parent [client] recipient completing an assessment,
793     the [division] department and the parent [client] recipient shall enter into an employment plan.
794          (b) The employment plan shall have a target date for entry into employment.
795          (c) The [division] department shall provide a copy of the employment plan to the
796     parent [client] recipient.
797          (d) [As to] For the parent [client, the] recipient, the employment plan may include:
798          (i) job searching requirements;
799          (ii) if the parent [client] recipient does not have a high school diploma, participation in
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 [client] recipient tests positive for the unlawful use of a controlled
807     substance after taking a drug test under Section 35A-3-304.5, the employment plan shall
808     include an agreement by the parent [client] recipient to:
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) [As to the division, the] The department's responsibilities under the employment
812     plan may include:
813          (i) providing cash and other types of public and employment assistance, including child
814     care;
815          (ii) assisting the parent [client] recipient to obtain education or training necessary for
816     employment;
817          (iii) assisting the parent [client] recipient to set up and follow a household budget; and
818          (iv) assisting the parent [client] recipient to obtain employment.
819          (g) The [division] department may amend the employment plan to reflect new
820     information or changed circumstances.
821          (h) If immediate employment is an activity [contained] in the employment plan, the
822     parent [client] recipient shall:
823          (i) promptly commence a search for employment for a specified number of hours each
824     week [for employment]; and
825          (ii) regularly submit a report to the [division] department on:
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 [division] department.
831          (i) (i) If full-time education or training to secure employment is an activity [contained]
832     in an employment plan, the parent [client] recipient shall promptly undertake a full-time
833     education or training program.
834          (ii) The employment plan may describe courses, education or training goals, and
835     classroom hours.
836          (j) (i) [As a condition of receiving] The department may only provide cash assistance
837     under this part[, a parent client shall agree] if the parent recipient agrees in writing to make a
838     good faith effort to comply with the parent recipient's employment plan.
839          [(ii) If a parent client consistently fails to show good faith in complying with the
840     employment plan, the division may seek under Subsection (2)(i)(iii) to terminate all or part of
841     the cash assistance services provided under this part.]
842          [(iii) The division shall establish a process to reconcile disputes between a client and
843     the division as to whether:]
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 [client] recipient has made a good faith effort to comply with the
847     employment plan; or
848          (B) the [division] department has complied with the employment plan.
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 [client's] recipient's supported
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 [client] recipient may participate in education or training for up to six
858     months beyond the 24-month limit of Subsection (3)(a)(i) if:
859          (i) the parent [client] recipient is employed for 80 or more hours [a] per month; [and]
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 [client] recipient who receives an extension under Subsection (3)(b)
863     [remains] is subject to Subsection (4).
864          (4) (a) A parent [client] recipient with a high school diploma or equivalent who has
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 [need not] described in Subsection (4)(a) do not have to be
869     continuous[ and the department may define "full-time work activities" by rule].
870          (5) [As a condition for receiving] The department may only provide cash assistance on
871     behalf of a minor child under this part[,] if the minor child [shall be] is:
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 [division shall] department may recruit and train volunteers to serve as
878     mentors for parent [clients] recipients.
879          (b) A mentor may advocate on behalf of a parent [client] recipient and help a parent
880     [client] recipient:
881          (i) develop life skills;
882          (ii) implement an employment plan; or
883          (iii) obtain services and [supports] support from:
884          (A) the volunteer mentor;
885          (B) the [division] department; or
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 [a parent client] an applicant may have a substance use disorder
891     involving the misuse of a controlled substance, the [division] department shall require the
892     [parent client] applicant to take a drug test at the [division's] department's expense in order to
893     continue to receive cash assistance under this part.
894          (2) If [a parent client] an applicant refuses to take a drug test required under Subsection
895     (1), the department shall terminate cash assistance under this part and the [parent client]
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 [within one year]; or
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, [a parent client] an applicant may
902     advise the person administering the test regarding any prescription or over-the-counter
903     medication the [parent client] applicant is taking.
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 [a parent client] an applicant tests negative for the unlawful use of a controlled
908     substance after taking a drug test under Subsection (1), the [parent client remains] applicant is
909     eligible for cash assistance, subject to the other eligibility requirements of this part.
910          (7) If [a parent client] an applicant tests positive for the unlawful use of a controlled
911     substance after taking a drug test under Subsection (1), the [parent client] applicant:
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 [parent client] applicant enters into and
915     follows the requirements of [an] the applicant's employment plan, including:
916          (i) receiving treatment, at the [division's] department's expense, from an approved
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 [division] department rule during
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) [If a parent client] (a) The department shall terminate cash assistance under this
924     part, if an applicant:
925          (i) declines to enter into an employment plan required by Subsection (7)[, or if the
926     parent client]; or
927          (ii) enters into, but fails to meet, a requirement of an employment plan under
928     Subsection (7), including if the [parent client] applicant refuses to take a drug test required by
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[, the department shall terminate cash assistance under
931     this part and the parent client].
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:
934          [(a)] (i) except as provided in Subsection (8)(b)(ii), 90 days after the day on which the
935     department determines, under this Subsection (8), that the [parent client] applicant is no longer
936     eligible for cash assistance; or
937          [(b)] (ii) one year after the day on which the department determines, under this
938     Subsection (8), that the [parent client] applicant is no longer eligible for cash assistance, if the
939     department has previously determined on at least one other occasion in the past year that the
940     [parent client] applicant is no longer eligible for cash assistance under this Subsection (8).
941          Section 27. Section 35A-3-306 is amended to read:
942          35A-3-306. Limits on eligibility -- Transitional cash assistance.
943          (1) [For purposes of] As used in this section, "battered or subjected to extreme cruelty"
944     has the same meaning as defined in [is defined in Section 103(a)(1) of P.L. 104-193 or 42
945     U.S.C. Sec. 608(a)(7)(C)(iii),] The Personal Responsibility and Work Opportunity
946     Reconciliation Act of 1996, 42 U.S.C. Sec. 608(a)(7)(C)(iii).
947          (2) Except as provided in Subsection (4), the [division] department may not provide
948     cash assistance to a family who has received cash assistance for 36 months or more.
949          (3) (a) The [division] department shall count toward the [36-month] time limit
950     described in Subsection (2) any time after January 1, 1997, during which:
951          (i) the parent [client] recipient received cash assistance in this or another state; and
952          (ii) the parent [client] recipient is disqualified from receiving cash assistance and the
953     parent [client's] recipient's income and assets are counted in determining eligibility for the
954     family in this or another state.
955          (b) [(i) The division] The department may not count toward the [36-month] time limit
956     described in Subsection (2) or the [24-month] time period described in Subsection (4) any time
957     during which:
958          [(A)] (i) a person 18 years of age or older received cash assistance as a minor child and
959     not as a parent; or
960          [(B)] (ii) a parent [client] recipient received transitional [support] cash assistance under
961     Subsection (5).
962          [(ii) Transitional support cash assistance:]
963          [(A) may be paid if the department determines the assistance is necessary to stabilize
964     employment and prevent recidivism;]
965          [(B) is only available to a parent client who was previously receiving cash assistance
966     under the Family Employment Program but who becomes ineligible due to earned or unearned
967     income; and]
968          [(C) may be granted for a maximum of three months provided the parent client is
969     employed an average of 30 hours per week during the transitional period.]
970          (4) (a) [For up to 24 months, the division] The department may provide cash assistance
971     to a family for up to 24 months beyond the [36-month] time limit described in Subsection (2) if
972     during the previous two months[,] the parent [client] recipient was employed for [no less than]
973     at least 20 hours per week.
974          (b) [For up to 20% of the average monthly number of families who receive cash
975     assistance under this part, the division] Notwithstanding the time limit described in Subsection
976     (2), the department may provide cash assistance to a family beyond the [36-month] time limit
977     in Subsection (2):
978          (i) by reason of a hardship; [or]
979          (ii) if the family includes an individual who has been battered or subjected to extreme
980     cruelty[.]; or
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) [For up to 20% of the average monthly number of families who receive cash
985     assistance under this part, the division] Notwithstanding the time limit established in
986     Subsection (4)(a), the department may provide cash assistance to a family beyond the
987     additional [24-month] time period in Subsection (4)(a):
988          (i) by reason of a hardship; or
989          (ii) if the family includes an individual who has been battered or subjected to extreme
990     cruelty.
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.
994          [(d)] (e) Except as provided in Subsections (4)(b) and (c), the [division] department
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 [division] department may provide cash assistance to a single minor parent in
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[, except as
1013     provided in Subsection (3)];
1014          (b) participate in education for parenting and life skills;
1015          (c) participate in infant and child wellness programs [operated by the Department of
1016     Health] approved by the department; and
1017          (d) for [not less than] at least 20 hours per week:
1018          (i) [attend high school or an alternative to high school,] if the single minor parent does
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 [division] department determines that the requirements of Subsection
1023     (2)(a) are not appropriate for a single minor parent, the [division] department may assist the
1024     single minor parent to obtain suitable living arrangements, including an adult-supervised living
1025     arrangement.
1026          (b) [As a condition of receiving] The department may only provide cash assistance[,] to
1027     a single minor parent who is exempt from the requirements of Subsection (2)(a) [shall reside] if
1028     the single minor parent resides in a living arrangement that is approved by the [division]
1029     department.
1030          (c) The approval by the [division] department of a living arrangement under Subsection
1031     (3)(b):
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 [division] department shall
1036     include the income of the parent of the single minor parent in determining the single minor
1037     parent's eligibility for services [and supports] under this part.
1038          (b) If a single minor parent receives services [and supports] under this chapter but does
1039     not reside with a parent, the [division] department shall seek an order under Title 78B, Chapter
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 [division] department may provide assistance under this section to [a client] an
1047     applicant who is pregnant and is not receiving cash assistance [no sooner than] at the beginning
1048     of the third trimester of pregnancy.
1049          (2) For a pregnant [clients] applicant, the [division] department shall:
1050          (a) refer the [client] applicant for appropriate prenatal medical care, including maternal
1051     health services provided under Title 26, Chapter 10, Family Health Services;
1052          (b) inform the [client] applicant of free counseling about adoption from licensed child
1053     placement agencies and licensed attorneys; and
1054          (c) offer the [client] applicant the adoption information packet described in Subsection
1055     (3).
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 [and supports] available to the [client] applicant under this
1066     section.
1067          (4) (a) A [client] recipient remains eligible for assistance under this section, even
1068     though the [client] recipient relinquishes a child for adoption, [provided that] if the adoption is
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 [for] in Subsection (5); and
1073          (ii) for a maximum of 12 months from the date of relinquishment, coordination of
1074     services to assist the [client] recipient in:
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 [client] recipient is otherwise eligible; and
1083          (F) receiving counseling and other mental health services.
1084          (5) (a) Except as provided in Subsection (5)(b), a [client] recipient under this section is
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 [client] recipient is otherwise eligible to receive cash assistance under this part,
1088     the [client] recipient is eligible to receive an amount equal to the increase in cash assistance the
1089     [client] recipient would have received but for the relinquishment for up to 12 consecutive
1090     months from the date of relinquishment.
1091          (6) (a) To [be] remain eligible for assistance under this section, a [client] recipient
1092     shall:
1093          (i) with the cooperation of the [division] department, develop and implement an
1094     employment plan [containing] that includes goals for achieving self-sufficiency and
1095     [describing] that describes the action the [client] recipient will take concerning education and
1096     training [that will result in] to achieve full-time employment;
1097          (ii) if the [client] recipient does not have a high school diploma, enroll in high school
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 [provided]
1100     described in Section 35A-3-304.
1101          (b) Cash assistance provided to a [client] recipient before the [client] recipient
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 [tolled] counted when determining subsequent eligibility for cash
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 [division] department shall monitor a [client's] recipient's compliance with this
1110     section.
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 [division] department shall provide information and service coordination to
1116     assist [a client to obtain] an applicant in obtaining affordable housing.
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 [persons] individuals with low and moderate incomes and the eligibility
1121     requirements for those programs;
1122          (b) referrals to programs operated by volunteers from the real estate industry that assist
1123     [clients] applicants in obtaining affordable housing, including information on home ownership,
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 [to obtain] in obtaining
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) [A parent client] An applicant may receive assistance for child care under this part
1131     for a minor child in the care and custody of the parent [client] recipient, unless the other 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 [division] department.
1136          (2) The [division] department shall encourage a parent [client] recipient to obtain child
1137     care at no cost from a parent, sibling, relative, or other suitable provider.
1138          (3) [Within appropriations from the Legislature and in] In accordance with Title 63G,
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 [an applicant for, or] a recipient of[,] a child care assistance
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 [under] in accordance with department rules made
1153     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1154          (2) (a) [Each] A child care provider identified under Subsection (1) shall submit to the
1155     department the name and other identifying information, [which shall include] including a set of
1156     fingerprints, of:
1157          (i) existing, new, and proposed [providers of] individuals who provide or may provide
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 [Utah Division of] Criminal Investigation and Technical Services Division
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
1170     department[, including submitting the]; and
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
1174     [Utah Division of] Criminal Investigation and Technical Services Division may allow the
1175     department or its representative access to the [division's] Criminal Investigation and Technical
1176     Services Division's [data base] database to determine whether the individual has been
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) [Each] A child care provider identified under Subsection (1) shall submit to the
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.
1183          [(b) The identifying information referred to in Subsection (3)(a) does not include
1184     fingerprints.]
1185          [(c)] (b) The department or its representative shall access juvenile court records to
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 [over the] age [of] 28 or older; and
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 [who has been convicted of, has pleaded no contest to, or is currently
1196     subject to a plea in abeyance or diversion agreement for a felony or misdemeanor, or if
1197     Subsection (3)(b) applies, an individual who has been adjudicated in juvenile court of
1198     committing an act which if committed by an adult would be a felony or misdemeanor]
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 [a rule] rules in accordance with Title 63G, Chapter
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
1210     home.
1211          (b) In accordance with criteria established by [rule] department rules made in
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 [establish by rule] make rules to determine:
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
1224     persons.
1225          (1) [The division] If barred from using federal funds under federal law, the department
1226     may provide cash assistance to a legal resident who is not a citizen of the United States using
1227     funds appropriated from the [general fund if barred under federal law from using federal funds]
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 [division] department may provide cash
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 [a client] a recipient who is a drug dependent person
1239     to a treatment provider [that] for treating drug dependency if the provider has achieved an
1240     objective level of success, as defined by department [rule, in treating drug dependency] rules
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 [client] recipient and matched by or through a not-for-profit organization
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 [client]
1253     recipient to enable [a client] the recipient to accumulate funds for the following purposes:
1254          (a) postsecondary educational expenses [after leaving cash assistance], including
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 [parent client] recipient is attending as part of an employment
1259     plan;
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 [that will] to allow a [client] recipient with a disability to participate in
1267     work-related activities.
1268          (3) A [client] recipient may only deposit earned income and funds received from 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.
1272          [(1) As used in this section:]
1273          [(a) "Performance goals" means a target level of performance or an expected level of
1274     performance against which actual performance is compared.]
1275          [(b) "Performance indicators" means actual performance information regarding a
1276     program or activity.]
1277          [(c) "Performance monitoring system" means a process to regularly collect and analyze
1278     performance information including performance indicators and performance goals.]
1279          [(2) (a)] (1) The department shall establish a performance monitoring system for cash
1280     assistance provided under this part.
1281          [(b)] (2) The department shall establish the performance indicators and performance
1282     goals that will be used in the performance monitoring system for cash assistance under this
1283     part.
1284          [(c) (i)] (3) (a) The department shall include in the annual written report described in
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.
1288          [(ii) (A)] (b) (i) The legislative fiscal analyst or the analyst's designee shall convey the
1289     information described in Subsection [(2)(c)(i)] (3)(a) to the appropriation subcommittee that
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.
1292          [(B)] (ii) The subcommittee may consider the information in its deliberations regarding
1293     the budget for services [and supports] under this chapter.
1294          Section 36. Section 35A-3-401 is amended to read:
1295     
Part 4. General Assistance

1296          35A-3-401. General Assistance.
1297          (1) (a) The department may provide General Assistance [may be provided] to
1298     individuals who are:
1299          (i) not receiving cash assistance under Part 3, Family Employment Program, or
1300     Supplemental Security Income[,]; and [who are]
1301          (ii) unemployable according to standards established by the department.
1302          (b) (i) General Assistance [may be provided by] described in Subsection (1)(a) may
1303     include payment in cash or in kind.
1304          (ii) The [office] department may provide General Assistance up to an amount [less]
1305     that is no more than the existing payment level for an otherwise similarly situated [client of]
1306     recipient receiving cash assistance under Part 3, Family Employment Program.
1307          (c) The [office] department shall establish asset limitations for a General Assistance
1308     [clients] applicant.
1309          (d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
1310     applicant for the federal Supplemental Security Income [program] for the Aged, Blind, and
1311     Disabled program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the
1312     [division] department for assistance advanced while awaiting the determination of eligibility by
1313     the Social Security Administration.
1314          (ii) General Assistance payments may not be made to a [current client of] recipient
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 [client,]
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 [division] department may cooperate with any governmental unit or agency, or
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.
1329          [Grants] The department shall provide grants for General Assistance [made pursuant to]
1330     under Section 35A-3-401[, to the extent that those payments are made] on an ongoing basis for
1331     [persons] individuals who are unemployable[, shall be]:
1332          (1) within amounts appropriated by the Legislature; and
1333          (2) calculated in a manner [analogous to that] substantially similar to cash assistance as
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[:], "social capital" means the value provided to the state by a
1338     civic organization, including values, cooperation, strength to families and neighborhoods, and
1339     ensuring livable communities and nurturing environments.
1340          [(1) "Civic organization" includes community service clubs and organizations,
1341     charitable health care and service organizations, fraternal organizations, labor unions, minority
1342     and ethnic organizations, commercial and industrial organizations, commerce and business
1343     clubs, private nonprofit organizations, private nonprofit corporations that provide funding to
1344     community service organizations, organizations that advocate or provide for the needs of
1345     persons with low incomes, religious organizations, and organizations that foster strong
1346     neighborhoods and communities.]
1347          [(2) "Diversion payment" means a lump sum cash payment provided to a client in lieu
1348     of regular monthly cash assistance.]
1349          [(3) "Performance monitoring system" means a process to regularly collect and analyze
1350     performance information, including performance indicators and performance goals.]
1351          [(a) "Performance goals" means a target level of performance or an expected level of
1352     performance against which actual performance is measured.]
1353          [(b) "Performance indicators" means actual performance information regarding a
1354     program or activity.]
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.
1361          [(1) The Legislature finds that public policy should promote and encourage a strong
1362     civic sector. Civic organizations have an important role that cannot be adequately addressed
1363     through either private or public sector action. Important public values such as the condition of
1364     our neighborhoods, the character of our children, and the renewal of our cities directly depend
1365     on the strength of families, neighborhoods, and grassroots community organizations, as well as
1366     the vitality of private and religious institutions that care for those in need. Civic organizations
1367     transmit values between generations, encourage cooperation between citizens, and ensure that
1368     our communities are livable and nurturing environments. The value provided to the state by
1369     civic organizations is called social capital.]
1370          [(2) The purpose of this part is to promote the availability of social capital.]
1371          (1) Using social capital, [clients of and applicants] an applicant for services under this
1372     chapter may receive a wide array of services [and supports] that cannot be provided by state
1373     government alone. [Social capital links all parts of our society together by creating
1374     opportunities for service and giving. It facilitates trust and cooperation and enhances
1375     investments in physical and human capital.]
1376          [(3) In enacting this part, the] (2) The Legislature recognizes:
1377          (a) the constitutional limits of state government to sustain civic institutions that
1378     provide social capital[. While state government has always depended on these institutions, it];
1379          (b) that the state does not create [them] nor can it replace [them. This part recognizes]
1380     civic institutions; and
1381          (c) that state government [shall] should respect, recognize, and, wherever possible,
1382     constitutionally encourage strong civic institutions that sustain a sense of community [and
1383     humanize our lives].
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 [or support] provided by the [division to a client]
1388     department to a recipient.
1389          (b) Receipt of services from a civic organization may not diminish a [person's]
1390     recipient's eligibility for services [or supports] from the [division] department.
1391          (2) [A person] An applicant or recipient is under no obligation to receive services from
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 [division pursuant to] department
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 [division] department:
1399          (a) shall[, in compliance with Section 35A-3-504,] assess whether an applicant [would
1400     be] is receptive to and would benefit [by services from] from a service provided by a civic
1401     organization[. If so, the division]; and
1402          (b) may inform the applicant of the availability of [those services and supports]
1403     services provided by civic organizations.
1404          (2) (a) If an applicant chooses to receive [those] services [and supports] from a civic
1405     organization, the [division] department shall facilitate the applicant's referral to one or more
1406     appropriate civic organizations.
1407          (b) If an applicant chooses not to receive the services [and supports] of a civic
1408     organization or requests services [and supports] available under this chapter in addition to the
1409     services [and supports] of a civic organization, the [division] department shall process the
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.
1413          [When a client] If a recipient receives a diversion payment under Section 35A-3-303,
1414     the [division] department:
1415          (1) shall assess whether the [client would benefit from] recipient is receptive to and
1416     would benefit from services [and supports] from a civic organization[. If so, the division]; and
1417          (2) may inform the [client] recipient of the services [and supports] that civic
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
1421     requirements.
1422          (1) (a) [Before October 1, 1997, the director shall] The director or the director's
1423     designee may issue a request for proposals[. Interested] to civic organizations [may submit
1424     proposals] for the purpose of contracting with the [division] department for the provision of
1425     social capital.
1426          (b) [In cooperation with the coalition described in Section 35A-3-510,] In accordance
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[ one or more
1435     contracts with civic organizations] a contract with a civic organization, which shall [at least]
1436     include:
1437          (a) the funding, if any, to be provided to the civic organization by the [division]
1438     department;
1439          (b) the geographical boundary within which the civic organization is to provide
1440     services [and supports] to individuals referred by the [division] department;
1441          (c) a description of the services [and supports] to be provided by the civic organization
1442     to [clients] an applicant or recipient;
1443          (d) the performance monitoring system to be used by the civic organization to evaluate
1444     the [effects] effectiveness of the services [and supports] that it provides; and
1445          (e) other provisions [as] that the [division] department and civic organization consider
1446     appropriate.
1447          (3) (a) A contract between the [division] department and a civic organization under this
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 [will be] is required to
1450     comply with all applicable state and federal law with respect to those funds, [which may
1451     include] including any audit, recordkeeping, and financial accounting requirements.
1452          (4) The services [and supports] provided by civic organizations under this section do
1453     not include eligibility determinations, cash assistance, [food coupons] SNAP benefits, or
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) [To enable the division to refer a client or applicant to an appropriate civic
1458     organization under this part, the division] The department, in cooperation with the coalition
1459     described in Section 35A-3-510, shall complete a statewide inventory of interested civic
1460     organizations[. For those organizations that wish to participate, the], which inventory shall
1461     include for each participating civic organization:
1462          (a) a description of the services [and supports] provided;
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 [stored] maintained, updated annually, and made available in
1467     a usable form as a resource directory for [all] employment counselors in the department.
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
1471     [division] department, representatives of state and local agencies, advocacy organizations,
1472     public officials, community leaders, members of the Legislature, and other persons and
1473     organizations as [he determines] determined by the executive director.
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:
1476     
Part 6. Administrative Determination of Overpayments Act

1477          35A-3-601. Title.
1478          This part [shall be] is known as the "Administrative Determination of Overpayments
1479     Act."
1480          Section 47. Section 35A-3-603 is amended to read:
1481          35A-3-603. Civil liability for overpayment.
1482          [(1) As used in this section, "intentionally, knowingly, and recklessly" mean the same
1483     as those terms are defined in Section 76-2-103.]
1484          [(2) Each] (1) A provider, [client] recipient, or other person who receives an
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 [prior to] before receiving notice.
1489          [(3)] (2) (a) Except as provided under Subsection (3)(b), interest on the unreturned
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 [client] recipient under this chapter, or [any] other means
1497     provided by federal law.
1498          [(4) Each] (3) A person who knowingly assists a [client] recipient, provider, or other
1499     person in obtaining an overpayment is jointly and severally liable for the overpayment.
1500          [(5)] (4) (a) In proving civil liability for overpayment under this section, or Section
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, [such as by] including
1505     committing any of the acts or omissions described in Sections 76-8-1203 [through], 76-8-1204,
1506     or 76-8-1205.
1507          (b) If fault is established under Subsection [(5)] (4)(a), Section 35A-3-605, or Title 76,
1508     Chapter 8, Part 12, Public Assistance Fraud, [any] a person who obtained or helped another
1509     obtain an overpayment [shall be] is subject to:
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 [12 months for
1514     the first offense, 24 months for the second offense, and permanently for the third offense, or as
1515     otherwise provided by federal law; or] the period described in Subsection (4)(c); or
1516          (iii) disqualification from [the] SNAP, if [that is the program from which] the
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 [the] a first offense[,];
1521          (ii) 24 months for [the] a second offense[,]; and
1522          (iii) permanently for [the] a third offense[, or as otherwise provided by federal law].
1523          [(6) If] (5) (a) Except as provided under Subsection (5)(b), if an action is filed, the
1524     department may recover, in addition to the principal sum plus interest, reasonable [attorneys']
1525     attorney fees and costs [unless].
1526          (b) If the repayment obligation arose from an administrative error by the department,
1527     the department may not recover attorney fees and costs.
1528          [(7)] (6) If a court finds that funds or benefits were secured, in whole or part, by fraud
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.
1531          [(8) Criminal actions] (7) A criminal action for public assistance fraud [are] is
1532     governed by Title 76, Chapter 8, Part 12, Public Assistance Fraud.
1533          [(9)] (8) Jurisdiction over benefits is continuous.
1534          [(10)] (9) This chapter does not preclude the Department of Health from carrying out
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
1541     procedures.
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
1544     35A-3-603[(4)](3) and [(5)] (4) or Section 76-8-1203, 76-8-1204, or 76-8-1205.
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, [attorneys'] attorney fees, and costs, if notice
1555     of the assessment has been included in a notice of agency action issued in [conformity]
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[, the];
1561          (b) Utah Rules of Civil Procedure[,]; or
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.
1568          [(1) As used in Subsection (2)(a)(i), "intentional program violation" means obtaining
1569     an "overpayment" as defined in Section 35A-3-602.]
1570          [(2)] (1) (a) Through an adjudicative proceeding, the department may issue or modify
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 [to] determined by an administrative judgment; or
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.
1579          [(3)] (2) The department may accept voluntary acknowledgment of an overpayment
1580     obligation and enter into stipulated agreements to issue orders and judgments.
1581          [(4)] (3) (a) A provision of an administrative order is enforceable against an obligor,
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.
1584          [(5)] (4) After being properly served with a notice of agency action under this part, an
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 [unless previously satisfied].
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) [Attachment] (a) Except as provided under Subsection (4)(b), an attachment,
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[, except that a].
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) [After] (a) Unless released under Subsection (1)(b), after receiving notice that an
1613     abstract has been docketed and a lien established under this part, a person in possession of
1614     [any] property [which] that may be subject to execution or lien may not pay over, release, sell,
1615     transfer, encumber, or convey that property to [any] a person other than the department[,
1616     unless].
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, [that]
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 --
1625     Cancellation.
1626          (1) [At any time, the] The department may at any time:
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) [at any time,] cancel the schedule of payments and demand immediate payment in
1630     full.
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.
1635          [No] The department may not take action for the enforcement of an order or lien issued
1636     under this part [may be maintained] unless [it] the action is commenced within eight years
1637     [after] of the date of the order.
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 [any] a hearing held under this part.
1641          (2) At the request of the department [it is the duty of], the attorney general or the
1642     county attorney [to] shall represent the department in [any] a proceeding commenced under this
1643     part.
1644          Section 55. Section 35A-3-701, which is renumbered from Section 35A-3-116 is
1645     renumbered and amended to read:
1646     
Part 7. Refugee Services

1647          [35A-3-116].      35A-3-701. Refugee services fund -- Use of money --
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 [successful] entity
1700     that successfully applies for a grant [applicant].
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:
1712          [35A-3-117].      35A-3-702. Continuation of refugee services.
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" [means the same as that term is] has the same meaning as defined
1730     in Section [35A-3-602] 35A-3-102.
1731          (3) "Provider" [means the same as that term is] has the same meaning as defined in
1732     Section 62A-11-103.
1733          (4) "Public assistance" [means the same as that term is] has the same meaning as
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) [any] a person who uses, transfers, acquires, traffics in, falsifies, or possesses [any]
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) [any] a person who fraudulently misappropriates [any] funds exchanged for SNAP
1744     benefits as defined in Section 35A-1-102, or [any] an identification card, certificate of
1745     eligibility for medical services, Medicaid identification card, or other public assistance with
1746     which [he] the person has been entrusted or that has come into [his] the person's possession in
1747     connection with [his] the person's duties in administering [any] a state or federally funded
1748     public assistance program;
1749          (3) [any] a person who receives an unauthorized payment as a result of acts described
1750     in this section;
1751          (4) [any] a provider who receives payment or [any] a client who receives benefits after
1752     failing to comply with any applicable requirement in Sections 76-8-1203 and 76-8-1204;
1753          (5) [any] a provider who files a claim for payment under [any] a state or federally
1754     funded public assistance program for goods or services not provided to or for a client of that
1755     program;
1756          (6) [any] a provider who files or falsifies a claim, report, or document required by state
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) [any] a provider who fails to credit the state for payments received from other
1760     sources;
1761          (8) [any] a provider who bills a client or a client's family for goods or services not
1762     provided, or bills in an amount greater than allowed by law or rule;
1763          (9) [any] a client who, while receiving public assistance, acquires income or resources
1764     in excess of the amount [he] the client previously reported to the state agency administering the
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) [any] a person who fails to act as required under Section 76-8-1203 or 76-8-1204
1768     with intent to obtain or help another obtain an "overpayment" as defined in Section
1769     [35A-3-602] 35A-3-102; and
1770          (11) [any] a person who obtains an overpayment by violation of Section 76-8-1203 or
1771     76-8-1204.
1772          Section 59. Repealer.
1773          This bill repeals:
1774          Section 35A-3-602, Definitions.