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     Committee Note:
9          The Economic Development and Workforce Services Interim Committee recommended
10     this bill.
11     General Description:
12          This bill modifies the Utah Workforce Services Code by revising and updating Chapter
13     3, Employment Support Act.
14     Highlighted Provisions:
15          This bill:
16          ▸     revises the Employment Support Act by:
17               •     updating language;
18               •     restructuring sections and parts;
19               •     amending definitions; and
20               •     adding cross-references;
21          ▸     amends assessment and counselor assignment provisions of the Family Employment
22     Program; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          35A-3-101, as last amended by Laws of Utah 1998, Chapter 1
31          35A-3-102, as last amended by Laws of Utah 2007, Chapter 235
32          35A-3-103, as last amended by Laws of Utah 2012, Chapter 212
33          35A-3-103.5, as last amended by Laws of Utah 2012, Chapter 305
34          35A-3-104, as renumbered and amended by Laws of Utah 1997, Chapter 174
35          35A-3-105, as last amended by Laws of Utah 2008, Chapter 382
36          35A-3-106, as last amended by Laws of Utah 2011, Chapter 297
37          35A-3-108, as last amended by Laws of Utah 2011, Chapter 297
38          35A-3-109, as renumbered and amended by Laws of Utah 1997, Chapter 174
39          35A-3-110, as renumbered and amended by Laws of Utah 1997, Chapter 174
40          35A-3-111, as last amended by Laws of Utah 2008, Chapter 382
41          35A-3-112, as renumbered and amended by Laws of Utah 1997, Chapter 174
42          35A-3-113, as renumbered and amended by Laws of Utah 1997, Chapter 174
43          35A-3-115, as last amended by Laws of Utah 2011, Chapter 188
44          35A-3-201, as last amended by Laws of Utah 2003, Chapter 13
45          35A-3-202, as last amended by Laws of Utah 2005, Chapter 81
46          35A-3-203, as last amended by Laws of Utah 2014, Chapter 371
47          35A-3-204, as renumbered and amended by Laws of Utah 1997, Chapter 375
48          35A-3-205, as last amended by Laws of Utah 2012, Chapter 212
49          35A-3-206, as last amended by Laws of Utah 2014, Chapter 371
50          35A-3-207, as last amended by Laws of Utah 2013, Chapters 167 and 413
51          35A-3-301, as enacted by Laws of Utah 1997, Chapter 174
52          35A-3-302, as last amended by Laws of Utah 2013, Chapter 112
53          35A-3-303, as enacted by Laws of Utah 1997, Chapter 174
54          35A-3-304, as last amended by Laws of Utah 2012, Chapter 354
55          35A-3-304.5, as enacted by Laws of Utah 2012, Chapter 354
56          35A-3-306, as last amended by Laws of Utah 2007, Chapter 51
57          35A-3-307, as last amended by Laws of Utah 2010, Chapter 296
58          35A-3-308, as last amended by Laws of Utah 2008, Chapter 3
59          35A-3-309, as last amended by Laws of Utah 2012, Chapter 212
60          35A-3-310, as last amended by Laws of Utah 2008, Chapter 382
61          35A-3-310.5, as last amended by Laws of Utah 2011, Chapter 297
62          35A-3-311, as last amended by Laws of Utah 2012, Chapter 41
63          35A-3-312, as last amended by Laws of Utah 2009, Chapter 39
64          35A-3-313, as last amended by Laws of Utah 2014, Chapter 371
65          35A-3-401, as last amended by Laws of Utah 2004, Chapter 29
66          35A-3-402, as renumbered and amended by Laws of Utah 1997, Chapter 174
67          35A-3-502, as renumbered and amended by Laws of Utah 1997, Chapter 174
68          35A-3-503, as last amended by Laws of Utah 2011, Chapter 297
69          35A-3-504, as last amended by Laws of Utah 1998, Chapter 1
70          35A-3-505, as renumbered and amended by Laws of Utah 1997, Chapter 174
71          35A-3-506, as renumbered and amended by Laws of Utah 1997, Chapter 174
72          35A-3-507, as renumbered and amended by Laws of Utah 1997, Chapter 174
73          35A-3-508, as last amended by Laws of Utah 1999, Chapter 21
74          35A-3-510, as renumbered and amended by Laws of Utah 1997, Chapter 174
75          35A-3-601, as renumbered and amended by Laws of Utah 2003, Chapter 90
76          35A-3-603, as last amended by Laws of Utah 2012, Chapter 41
77          35A-3-604, as last amended by Laws of Utah 2008, Chapter 382
78          35A-3-605, as renumbered and amended by Laws of Utah 2003, Chapter 90
79          35A-3-606, as renumbered and amended by Laws of Utah 2003, Chapter 90
80          35A-3-607, as renumbered and amended by Laws of Utah 2003, Chapter 90
81          35A-3-608, as last amended by Laws of Utah 2012, Chapter 41
82          35A-3-609, as renumbered and amended by Laws of Utah 2003, Chapter 90
83          35A-3-610, as renumbered and amended by Laws of Utah 2003, Chapter 90
84          76-8-1201, as last amended by Laws of Utah 2003, Chapter 90
85          76-8-1205, as last amended by Laws of Utah 2012, Chapter 41
86     RENUMBERS AND AMENDS:
87          35A-3-701, (Renumbered from 35A-3-116, as last amended by Laws of Utah 2014,
88     Chapter 371)
89          35A-3-702, (Renumbered from 35A-3-117, as enacted by Laws of Utah 2014, Chapter
90     250)
91     REPEALS:
92          35A-3-602, as last amended by Laws of Utah 2008, Chapter 382
93     

94     Be it enacted by the Legislature of the state of Utah:
95          Section 1. Section 35A-3-101 is amended to read:
96          35A-3-101. Title.
97          [(1)] This chapter [shall be] is known as the "Employment Support Act."
98          [(2) A person eligible for employment assistance under Chapter 3 or 5 shall receive any
99     assistance under the applicable chapter, including stabilization, assessment, training, or
100     placement, through the department in accordance with Chapter 2, Part 2, Service Delivery.]
101          Section 2. Section 35A-3-102 is amended to read:
102          35A-3-102. Definitions.
103          [Unless otherwise specified, as] As used in this chapter:
104          (1) "Adjudicative proceeding" has the same meaning as defined in Section 63G-4-103.
105          (2) "Administrative order" means an order issued by the department that addresses an
106     overpayment of public assistance.
107          [(1)] (3) "Applicant" means a person who requests assistance under this chapter.
108          (4) "Assignment of support" means the transfer to the department of a recipient's rights
109     to receive some or all of the recipient's child support payments.
110          [(2)] (5) "Average monthly number of families" means the average number of families
111     who received cash assistance on a monthly basis during the previous federal fiscal year.
112          [(3)] (6) "Cash assistance" means [a] the monthly dollar amount [of cash a client] a
113     recipient is eligible to receive under the Family Employment Program under Section
114     35A-3-302.
115          [(4)] (7) "Child care services" means care of a child by a responsible person who is not
116     the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a
117     qualified setting, as defined by [rule, by a responsible person who is not the child's parent or
118     legal guardian] rules made by the department in accordance with Title 63G, Chapter 3, Utah
119     Administrative Rulemaking Act.
120          (8) (a) "Civic organization" means an organization that provides services to its
121     community.
122          (b) "Civic organization" includes a community service club or organization, a
123     charitable health care or service organization, a fraternal organization, a labor union, a minority
124     or ethnic organization, a commercial or industrial organization, a commerce or business club, a
125     private nonprofit organization, a private nonprofit corporation that provides funding to a
126     community service organization, an organization that advocates or provides for the needs of
127     persons with low incomes, a religious organization, and an organization that fosters strong
128     neighborhoods and communities.
129          (9) "Court order" means a judgment or order of a court of this state, another state, or
130     the federal government that addresses an overpayment of public assistance.
131          [(5)] (10) "Date of enrollment" means the date on which the applicant was approved as
132     eligible for cash assistance.
133          [(6)] (11) "Director" means the director of the division assigned by the department to
134     administer a program.
135          [(7)] (12) "Diversion" or "diversion payment" means a [single payment of cash
136     assistance] one-time cash assistance payment under Section 35A-3-303 to a [client] recipient
137     who is eligible for cash assistance, but does not require extended cash assistance under Part 3,
138     Family Employment Program.
139          [(8) "Division" means the Employment Development Division.]
140          [(9)] (13) "Education or training" means:
141          (a) basic remedial education;
142          (b) adult education;
143          (c) high school education;
144          (d) education to obtain the equivalent of a high school diploma;
145          (e) education to learn English as a second language;
146          (f) applied technology training;
147          (g) employment skills training; or
148          (h) on-the-job training.
149          [(10)] (14) "Full-time education or training" means training on a full-time basis as
150     defined by the educational institution attended by the parent [client] recipient.
151          [(11)] (15) "General assistance" means financial assistance provided to a person [who
152     is not otherwise eligible for cash assistance under Part 3, Family Employment Program,
153     because that person does not live in a family with a related dependent child] under Part 4,
154     General Assistance.
155          (16) "Notice of agency action" means the notice required to commence an adjudicative
156     proceeding as described in Section 63G-4-201.
157          (17) "Obligor" means an individual:
158          (a) who is liable to the state under Section 35A-3-603 and applicable federal statutes
159     and regulations; or
160          (b) against whom an administrative or judicial order determining overpayment has
161     been obtained.
162          (18) (a) "Overpayment" means money, public assistance, or another item of value
163     provided under a state or federally funded benefit program to a person that is not entitled to
164     receive it or is not entitled to receive it at the level provided.
165          (b) "Overpayment" includes money paid to a provider under this title in connection
166     with public assistance or another publicly funded assistance program to the extent that the
167     provider receives payment:
168          (i) for goods or services not provided; or
169          (ii) in excess of the amount to which the provider is entitled.
170          [(12)] (19) "Parent [client] recipient" means a person who enters into an employment
171     plan with the [division] department to qualify for cash assistance under Part 3, Family
172     Employment Program.
173          (20) "Performance goals" means a target level of performance that will be compared to
174     actual performance.
175          (21) "Performance indicators" means actual performance information regarding a
176     program or activity.
177          (22) "Performance monitoring system" means a process to regularly collect and analyze
178     performance information, including performance indicators and performance goals.
179          [(13)] (23) "Plan" or "state plan" means the state plan submitted to the Secretary of the
180     United States Department of Health and Human Services to receive funding from the United
181     States through the Temporary Assistance for Needy Families Block Grant in accordance with
182     42 U.S.C. Sec. 602.
183          (24) "Recipient" means a person who is qualified to receive, is receiving, or has
184     received assistance under this chapter.
185          [(14)] (25) "Single minor parent" means a person under 18 years of age who is not
186     married and has a minor child in the person's care and custody.
187          (26) "Transitional cash assistance" means assistance provided to a recipient to stabilize
188     employment and reduce the future use of cash assistance provided under Part 3, Family
189     Employment Program.
190          Section 3. Section 35A-3-103 is amended to read:
191          35A-3-103. Department responsibilities.
192          The [division] department shall:
193          (1) administer public assistance programs assigned by the Legislature and the
194     governor;
195          (2) determine eligibility [in accordance with the requirements of this chapter] for
196     public assistance programs [assigned to it by the Legislature or the governor] in accordance
197     with the requirements of this chapter;
198          (3) cooperate with the federal government in the administration of public assistance
199     programs;
200          (4) administer [the Utah] state employment [service] services in accordance with
201     Section 35A-3-115;
202          (5) provide for the compilation of necessary or desirable information, statistics, and
203     reports;
204          (6) perform other duties and functions required by law;
205          (7) monitor the application of eligibility policy;
206          (8) develop personnel training programs for [more] effective and efficient operation of
207     [all] the programs [under the administration of] administered by the [division] department;
208          (9) provide refugee resettlement services in accordance with Section 35A-3-116;
209          (10) provide child care assistance for children in accordance with Part 2, Office of
210     Child Care; and
211          (11) provide services [and support] that enable [clients] an applicant or recipient to
212     qualify for affordable housing in cooperation with:
213          (a) the Utah Housing Corporation;
214          (b) the Housing and Community Development Division; and
215          (c) local housing authorities.
216          Section 4. Section 35A-3-103.5 is amended to read:
217          35A-3-103.5. Employment and the provision of services for the disabled.
218          (1) As used in this section, "recipient" means an individual who:
219          (a) has a disability;
220          (b) suffers from a mental illness; or
221          (c) is undergoing treatment for a substance abuse problem.
222          (2) [When] Subject to funds made available for this purpose and subject to federal and
223     state law, when providing services to a recipient in the programs provided under this chapter,
224     the department shall[, within funds appropriated by the Legislature and in accordance with the
225     requirements of federal and state law and memorandums of understanding between the
226     department and other state entities that provide services to a recipient,] give priority to
227     providing services that assist an eligible recipient in obtaining and retaining meaningful and
228     gainful employment that enables the recipient to earn sufficient income to:
229          (a) purchase goods and services;
230          (b) establish self-sufficiency; and
231          (c) exercise economic control of the recipient's life.
232          (3) The department shall develop a written plan to implement the policy described in
233     Subsection (2) that includes:
234          (a) assessing the strengths and needs of a recipient;
235          (b) customizing strength-based approaches to obtaining employment;
236          (c) expecting, encouraging, providing, and rewarding employment:
237          (i) integrated employment in the workplace at competitive wages and benefits; and
238          (ii) self-employment;
239          (d) developing partnerships with potential employers;
240          (e) maximizing appropriate employment training opportunities;
241          (f) coordinating services with other government agencies and community resources;
242          (g) to the extent possible, eliminating practices and policies that interfere with the
243     policy described in Subsection (2); and
244          (h) arranging sub-minimum wage work or volunteer work for an eligible recipient
245     when employment at market rates cannot be obtained.
246          (4) The department shall, on an annual basis:
247          (a) set goals to implement the policy described in Subsection (2) and the plan described
248     in Subsection (3);
249          (b) determine whether the goals for the previous year have been met; and
250          (c) modify the plan described in Subsection (3) as needed.
251          Section 5. Section 35A-3-104 is amended to read:
252          35A-3-104. Contracts for administration and provision of public assistance.
253          The [division, in consultation with the] department[,] may contract with other public or
254     private agencies to assist in the administration and provision of public assistance.
255          Section 6. Section 35A-3-105 is amended to read:
256          35A-3-105. Determination of eligibility and responsibility -- Information from
257     State Tax Commission.
258          (1) The [division] department may have access to relevant information contained in the
259     income tax returns of [a client, applicant, or] an applicant, a recipient, or a person who has a
260     duty to support [a client] an applicant or recipient, in determining:
261          (a) eligibility for public assistance;
262          (b) payment responsibilities for institutional care; or
263          (c) any other administrative purpose consistent with this chapter.
264          (2) The information requested by the [division] department shall be:
265          (a) provided by the State Tax Commission on forms furnished by the [division]
266     department; and
267          (b) treated by the department as a private record under Title 63G, Chapter 2,
268     Government Records Access and Management Act[, by the division].
269          Section 7. Section 35A-3-106 is amended to read:
270          35A-3-106. Residency requirements.
271          [To be] (1) An applicant is only eligible for public assistance under this chapter[, an] if
272     the applicant [shall be] is living in Utah voluntarily with the intention of making [this] the state
273     the applicant's place of residence[, and not].
274          (2) An applicant is not eligible for public assistance under this chapter if the applicant
275     is living in Utah for a temporary purpose.
276          Section 8. Section 35A-3-108 is amended to read:
277          35A-3-108. Assignment of support.
278          (1) (a) [The division shall obtain] An applicant shall provide an assignment of support
279     [from each applicant or client] to the department regardless of whether the payment is court
280     ordered.
281          (b) Upon the receipt of public assistance, any right of the recipient to receive support
282     from another person passes to the [state,] department, including a right to support on behalf of
283     any family member for whom the recipient is applying for or receiving assistance, even if the
284     [client] recipient has not executed and delivered an assignment of support to the [division]
285     department as required by Subsection (1)(a).
286          [(c) The right to support described in Subsection (1)(b) includes a right to support in
287     the applicant's or client's own behalf or in behalf of any family member for whom the applicant
288     or client is applying for or receiving assistance.]
289          (2) An assignment of support, or a [passing of rights under Subsection (1)(b)] right to
290     receive support passed to the department, includes payments ordered, decreed, or adjudged by
291     [any] a court within this state, [any other] another state, or a territory of the United States and is
292     not in lieu of, and does not supersede or alter, any other court order, decree, or judgment.
293          (3) When an assignment of support is executed or the right to support passes to the
294     department under [Subsection (1)(b), the applicant or client] this section, the recipient is
295     eligible to regular monthly assistance and the support paid to the [division] department is a
296     refund.
297          (4) All [sums] money refunded under this section shall be deposited into the General
298     Fund, except any amount which is required to be credited to the federal government[, shall be
299     deposited into the General Fund].
300          (5) [On] Except for support already received by the department, on and after the date a
301     family stops receiving cash assistance, an assignment of support under [Subsection (1)] this
302     section does not apply to [any] support that accrued before the family received [such] the
303     assistance [if the department has not collected the support by the date the family stops
304     receiving cash assistance, if the assignment is executed on or after October 1, 1998].
305          (6) The department shall distribute [arrearages] overdue or unpaid amounts to
306     [families] a recipient in accordance with the requirements of the Social Security Act, 42 U.S.C.
307     Sec. 657.
308          (7) [The total amount of] When an assignment of support includes child support, the
309     department may not collect more child support [assigned to the department and collected]
310     payments under this section [may not exceed] than the total amount of cash assistance
311     [received by the recipient] provided to the recipient.
312          Section 9. Section 35A-3-109 is amended to read:
313          35A-3-109. Assistance provided to guardian or other caretaker -- Periodic review.
314          (1) [When it appears necessary or advisable,] At the discretion of the department, the
315     department may pay the public assistance [may be paid] to the legal guardian of [an applicant
316     or client] a recipient.
317          (2) The [division] department may only provide cash assistance on behalf of an eligible
318     recipient under Part 3, Family Employment Program, [on behalf of an eligible client,] to
319     another individual interested in or concerned with the welfare of the [client only when]
320     recipient if:
321          (a) by reason of the [client's] recipient's physical or mental condition, the [client]
322     recipient is unable to manage funds;
323          (b) [when] the provision of cash assistance directly to the [client] recipient would be
324     contrary to the [client's] recipient's welfare; or
325          (c) [when] the [division] department is [so directed by] acting according to federal
326     requirements.
327          (3) The [division] department shall:
328          (a) undertake or contract with other state agencies to make special efforts to protect the
329     welfare of [clients] a recipient and improve [their] the recipient's capacity for self-care[.
330     Periodic]; and
331          (b) periodically review [of a client's] a recipient's condition [is required. When
332     conditions change,] to determine whether, in the best interest of the recipient:
333          (i) cash assistance that is provided to an individual other than the [client shall] recipient
334     should be discontinued [or, when advisable,]; or
335          (ii) a legal guardian [shall] should be appointed[, whichever action best serves the
336     interests and welfare of the client].
337          Section 10. Section 35A-3-110 is amended to read:
338          35A-3-110. Third party obligation -- Interest.
339          [Whenever the division] (1) If the department expends public assistance on behalf of [a
340     client] a recipient for services or supplies, for which another person is obligated to reimburse
341     the [division, that other] department, the department shall notify the person of the obligation to
342     make the reimbursement.
343          (2) Upon receiving notification under Subsection (1), the notified person shall make
344     [such] the reimbursement within 60 days [of notification by the division. If reimbursement is
345     not made within that period, and no extension of time is granted by the division, interest shall
346     accrue on the].
347          (3) After the time period established under Subsection (2), the department shall charge
348     interest on any unpaid balance at the rate of 8% per annum unless an extension is granted by
349     the department.
350          Section 11. Section 35A-3-111 is amended to read:
351          35A-3-111. Collection of overpayments.
352          (1) The department [is responsible for the recovery of] shall recover overpayments
353     [required] as described in Section 35A-3-603.
354          (2) [Excess property liens required in the various programs] An excess property lien
355     that is required by a department program, but is not transferred to the federal government [shall
356     remain], remains a condition of eligibility in public assistance programs.
357          (3) A [client can] recipient may appeal an initial department determination that there
358     has been an overpayment under rules made by the department in accordance with Title 63G,
359     Chapter 3, Utah Administrative Rulemaking Act.
360          Section 12. Section 35A-3-112 is amended to read:
361          35A-3-112. Assistance not assignable -- Exemption from execution, garnishment,
362     bankruptcy, or insolvency proceedings.
363          (1) Public assistance provided under this chapter is not assignable[,] at law or in
364     equity[, and none].
365          (2) None of the money paid or payable under this chapter is subject to:
366          (a) execution, levy, attachment, garnishment, or other legal process[,]; or [to]
367          (b) the operation of [any] bankruptcy or insolvency law.
368          Section 13. Section 35A-3-113 is amended to read:
369          35A-3-113. Prohibition of charges or fees for representing applicants or
370     recipients.
371          [A] Except for criminal proceedings, a person may not [make any] charge or receive
372     [any] a fee for representing an applicant [or client in any] or recipient in a proceeding under
373     this chapter, [except criminal proceedings,] or with respect to [any] an application, [whether
374     the fee or charge is to be paid by the applicant, client, or any other person, if that fee is in
375     excess of an amount] in an amount greater than the amount determined by the court or body
376     before whom an applicant or [client] recipient has been represented regardless of who pays the
377     charge or fee.
378          Section 14. Section 35A-3-115 is amended to read:
379          35A-3-115. Public employment offices -- Agreements with other authorities --
380     Federal system accepted -- Appropriation.
381          (1) (a) The [division] department shall establish and maintain [free] public
382     employment offices in a manner and in places as [may be] necessary for the proper
383     administration of this chapter and for the purposes of performing the functions [as are within
384     the purview of the Act of Congress entitled "An act to provide for the establishment of a
385     national employment system and for co-operation with the states in the promotion of such
386     system, and for other purposes," approved June 6, 1933, 48 Stat. 113; U. S. Code, Title 29,
387     Section 49 (c) as amended, hereinafter referred to as the "Wagner-Peyser Act."] described in
388     the Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended.
389          (b) The [division] department shall consult with the directors of economic service areas
390     when determining the location of public employment offices.
391          (c) The [division] department may locate a public employment office in connection
392     with [or as an integrated part of] an employment center established under Section 35A-2-203.
393          (2) (a) The provisions of the Wagner-Peyser Act, 29 U.S.C. 49-49c, 49g, 49h, 49k, and
394     557, are accepted by [this] the state.
395          (b) The department is designated and constitutes the agency of [this] the state for the
396     purposes of the [act] Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended.
397          (3) (a) For the purpose of establishing and maintaining [free] public employment
398     offices, and promoting the use of [their facilities] the offices, the [division] department may
399     enter into agreements with [the railroad retirement board, or any other] any agency or
400     department of the United States, [or of this or any other state, charged with the administration
401     of any law whose purposes are reasonably related to the purposes of this chapter] this state, or
402     another state.
403          (b) As a part of an agreement entered into under Subsection (3)(a), the [division]
404     department may accept money, services, or [quarters] facilities as a contribution to the
405     maintenance of the state system of public employment offices or as reimbursement for services
406     performed.
407          Section 15. Section 35A-3-201 is amended to read:
408     
Part 2. Office of Child Care

409          35A-3-201. Definitions.
410          As used in this part:
411          (1) "Child care" means the child care services [referred to] defined in [Subsection]
412     Section 35A-3-102[(4) provided] for:
413          (a) children [through] age 12 or younger; and
414          (b) children with disabilities [through] age 18 or younger.
415          (2) "Child care provider association" means an association:
416          (a) that has functioned as a child care provider association in the state for at least three
417     years; and
418          (b) is affiliated with a national child care provider association.
419          (3) "Committee" means the Child Care Advisory Committee created in Section
420     35A-3-205.
421          (4) "Director" means the director of the Office of Child Care.
422          (5) "Office" means the Office of Child Care created in Section 35A-3-202.
423          Section 16. Section 35A-3-202 is amended to read:
424          35A-3-202. Creation.
425          (1) There is created within the Department of Workforce Services an Office of Child
426     Care.
427          (2) The office shall be administered by a director who shall be appointed by the
428     executive director and who may be removed from that position at the will of the executive
429     director.
430          Section 17. Section 35A-3-203 is amended to read:
431          35A-3-203. Functions and duties of office -- Annual report.
432          The office shall:
433          (1) assess critical child care needs throughout the state on an ongoing basis and focus
434     its activities on helping to meet the most critical needs;
435          (2) provide child care subsidy services for income-eligible children through age 12 and
436     for income-eligible children with disabilities through age 18;
437          (3) provide information:
438          (a) to employers for the development of options for child care in the work place; and
439          (b) for educating the public in obtaining quality child care;
440          (4) coordinate services for quality child care training and child care resource and
441     referral core services;
442          (5) apply for, accept, or expend gifts or donations from public or private sources;
443          (6) provide administrative support services to the committee;
444          (7) work collaboratively with the following for the delivery of quality child care and
445     early childhood programs, and school age programs throughout the state:
446          (a) the State Board of Education; and
447          (b) the Department of Health;
448          (8) research child care programs and public policy [that will] to improve the quality
449     and accessibility [and that will further the purposes of the office and] of child care, early
450     childhood programs, and school age programs in the state;
451          (9) provide planning and technical assistance for the development and implementation
452     of programs in communities that lack child care, early childhood programs, and school age
453     programs;
454          (10) provide organizational support for the establishment of nonprofit organizations
455     approved by the Child Care Advisory Committee, created in Section 35A-3-205; and
456          (11) coordinate with the department to include in the annual written report described in
457     Section 35A-1-109 information regarding the status of child care in Utah.
458          Section 18. Section 35A-3-204 is amended to read:
459          35A-3-204. Duties of director.
460          The director shall:
461          (1) enforce rules made by the department regulating the use of services provided by the
462     office;
463          (2) supervise office staff and prepare an annual work plan; and
464          (3) apply for, accept, and expend [gifts or] donations from public or private sources to
465     assist the office in fulfilling its statutory obligations.
466          Section 19. Section 35A-3-205 is amended to read:
467          35A-3-205. Creation of committee.
468          (1) There is created a Child Care Advisory Committee.
469          (2) The committee shall counsel and advise the office in fulfilling its statutory
470     obligations [to include], including:
471          (a) [a review of and recommendations] reviewing and providing recommendations on
472     the office's annual budget;
473          (b) providing recommendations on how the office might best respond to child care
474     needs throughout the state; and
475          (c) providing recommendations on the use of [new] money in the Child Care Fund and
476     other money that comes into the office[, including those for the Child Care Fund].
477          (3) The committee is composed of the following members, with special attention given
478     to insure diversity and representation from both urban and rural groups:
479          (a) one expert in early childhood development;
480          (b) one child care provider who operates a center;
481          (c) one child care provider who operates a family child care business;
482          (d) one parent who is representative of households receiving a child care subsidy from
483     the office;
484          (e) one representative from the public at-large;
485          (f) one representative of the State Office of Education;
486          (g) one representative of the Department of Health;
487          (h) one representative of the Department of Human Services;
488          (i) two representatives from the corporate community, one who is a recent "Family
489     Friendly" award winner and who received the award because of efforts [in the] related to child
490     care [arena];
491          (j) two representatives from the small business community;
492          (k) one representative from child care advocacy groups;
493          (l) one representative of children with disabilities;
494          (m) one representative from the state Head Start Association appointed by the
495     association;
496          (n) one representative from each child care provider association; and
497          (o) one representative of a child care resource and referral center appointed by the
498     organization representing child care resource and referral agencies.
499          (4) (a) The executive director shall appoint the members designated in Subsections
500     (3)(a) through (e) and (j) through (n).
501          (b) The head of the respective departments shall appoint the members referred to in
502     Subsections (3)(f) through (i).
503          (c) Each child care provider association shall appoint its respective member referred to
504     in Subsection (3)(o).
505          (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
506     expire, the appointing authority shall appoint each new member or reappointed member to a
507     four-year term.
508          (b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
509     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
510     terms of committee members are staggered so that approximately half of the committee is
511     appointed every two years.
512          (6) When a vacancy occurs in the membership for any reason, including missing three
513     consecutive meetings where the member has not been excused by the chair prior to or during
514     the meeting, the replacement shall be appointed for the unexpired term.
515          (7) A majority of the members constitutes a quorum for the transaction of business.
516          (8) (a) The executive director shall select a chair from the committee membership.
517          (b) A chair may serve no more than two one-year terms as chair.
518          (9) A member may not receive compensation or benefits for the member's service, but
519     may receive per diem and travel expenses [in accordance with] as allowed in:
520          (a) Section 63A-3-106;
521          (b) Section 63A-3-107; and
522          (c) rules made by the Division of Finance [pursuant] according to Sections 63A-3-106
523     and 63A-3-107.
524          Section 20. Section 35A-3-206 is amended to read:
525          35A-3-206. Child Care Fund -- Use of money -- Committee and director duties --
526     Restrictions.
527          (1) There is created an expendable special revenue fund known as the "Child Care
528     Fund."
529          (2) The director of the office shall administer the fund under the direction of the
530     committee.
531          (3) (a) The office may form nonprofit corporations or foundations controlled by the
532     director of the office and the committee to aid and assist the office in attaining its charitable,
533     research, and educational objectives.
534          (b) The nonprofit corporations or foundations may receive and administer legislative
535     appropriations, government grants, contracts, and private gifts to carry out their public
536     purposes.
537          (c) Money collected by [the] a nonprofit corporation or foundation described in this
538     Subsection (3) may be deposited in the Child Care Fund.
539          (d) A nonprofit foundation controlled by the director of the office and the committee
540     shall submit to the Division of Finance, within 60 days after the close of the foundation's fiscal
541     year, a financial report summarizing the foundation's financial position and results of
542     operations of the most recent fiscal year.
543          (4) (a) [There shall] Money may be deposited into the fund [money] from [numerous] a
544     variety of sources, including[,] grants, private foundations, and individual donors.
545          (b) The fund shall be used to accept money designated for child care initiatives
546     [improving] that will improve the quality, affordability, or accessibility of child care.
547          (5) The money in the fund that is not restricted to a specific use under federal law or by
548     donors may not be expended without approval of the committee.
549          (6) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
550     State Money Management Act, except that all interest or other earnings derived from money in
551     the fund [money] shall be deposited in the fund.
552          (7) The money in the fund may not be used for administrative expenses of the office
553     [normally] provided for by legislative appropriation.
554          (8) The committee shall:
555          (a) advise the director of the office on child care needs in the state and on relevant
556     operational aspects of any grant, loan, or revenue collection program established under this
557     part;
558          (b) recommend specific child care projects to the director of the office;
559          (c) recommend policy and procedures for administering the fund;
560          (d) make recommendations on grants, loans, or contracts from the fund for any of the
561     child care activities authorized under this part;
562          (e) establish the criteria by which loans and grants will be made;
563          (f) determine the order in which approved child care projects will be funded;
564          (g) make recommendations regarding the distribution of money from the fund in
565     accordance with the procedures, conditions, and restrictions placed [upon] on the money by the
566     donors; and
567          (h) have joint responsibility with the office to solicit public and private funding for the
568     fund.
569          (9) Fund money shall be used for [any of] the following activities:
570          (a) training of child care providers;
571          (b) scholarships and grants for child care providers' professional development;
572          (c) child care public awareness and consumer education services;
573          (d) child care provider recruitment;
574          (e) Office of Child Care sponsored activities;
575          (f) matching money for obtaining grants; or
576          (g) other activities that will assist in the improvement of child care quality,
577     affordability, or accessibility.
578          (10) The director of the office, with the consent of the committee and the executive
579     director, may grant, lend, or contract [fund] money from the fund for child care purposes to:
580          (a) local governments;
581          (b) nonprofit community, charitable, or neighborhood-based organizations;
582          (c) regional or statewide nonprofit organizations; or
583          (d) child care providers.
584          (11) Preference may be given, but awards may not be limited to [applicants for fund
585     money], entities that apply for money from the fund and that demonstrate [any of] the
586     following:
587          (a) programmatic or financial need;
588          (b) diversity of [clientele] beneficiaries or geographic location; [and] or
589          (c) coordination with or enhancement of existing services.
590          (12) The executive director or the executive director's designee shall monitor on an
591     annual basis the activities of the [recipients of] entities that receive grants, loans, or contracts
592     issued from the fund [on an annual basis] to ensure compliance with the terms and conditions
593     imposed on the [recipient] entities by the fund.
594          (13) [The entities receiving grants, loans, or contracts] Each entity receiving a grant,
595     loan, or contract shall provide the director of the office with an annual accounting of how the
596     money [they] the entity received from the fund has been spent.
597          (14) (a) The director of the office shall make an annual report to the committee
598     regarding the status of the fund and the programs and services funded by the fund.
599          (b) The report shall be included in the annual written report described in Section
600     35A-1-109.
601          Section 21. Section 35A-3-207 is amended to read:
602          35A-3-207. Community-based prevention programs.
603          (1) As used in this section:
604          (a) "political subdivision" means a town, city, county, or school district;
605          (b) "qualified sponsor" means a:
606          (i) political subdivision;
607          (ii) community nonprofit, religious, or charitable organization;
608          (iii) regional or statewide nonprofit organization; or
609          (iv) private for profit or nonprofit child care organization with experience and expertise
610     in operating community-based prevention programs described in Subsection (2) and that are
611     licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities.
612          (2) Within appropriations from the Legislature, the department may provide grants to
613     qualified sponsors for community-based prevention programs that:
614          (a) support parents in their primary care giving role to children;
615          (b) provide positive alternatives to idleness for school-aged children when school is not
616     in session; and
617          (c) support other community-based prevention programs.
618          (3) In awarding [grants] a grant under this section, the department shall:
619          (a) request proposals for funding from potential qualified sponsors; and
620          [(b) comply with the requirements of Subsection (4).]
621          [(4) In awarding these grants, the department shall]
622          (b) ensure that each dollar of funds from political subdivisions or private funds is
623     matched for each dollar received from the department. [The]
624          (4) In meeting the matching requirements under Subsection (3), the department may
625     consider the value of in-kind contributions [such as], including materials, supplies, paid labor,
626     volunteer labor, and the incremental increase in building maintenance and operation expenses
627     incurred attributable to the prevention program [may be considered in meeting this match
628     requirement].
629          (5) In awarding a grant under this section, the department shall consider:
630          (a) the cash portion of the proposed match in relation to the financial resources of the
631     qualified sponsor; and
632          (b) the extent to which the qualified sponsor has:
633          (i) consulted and collaborated with parents of children who are likely to participate,
634     local parent-teacher organizations, and other parent organizations;
635          (ii) identified at-risk factors that will be [ameliorated] addressed through the proposed
636     prevention program;
637          (iii) identified protective factors and developmental assets that will be supported and
638     strengthened through the proposed prevention program; and
639          (iv) encouraged the financial support of parents and the organizations [specified]
640     described in Subsection (5)(b)(i).
641          (6) [At] The department shall award at least [50 percent] 50% of the grants [awarded]
642     under this section [shall be awarded] to organizations described in Subsection (1)(b)(iv).
643          (7) [No federal funds shall be used] The department may not allow the use of federal
644     funds as matching funds under this act.
645          Section 22. Section 35A-3-301 is amended to read:
646     
Part 3. Family Employment Program

647          35A-3-301. Purpose -- Legislative findings.
648          (1) The Legislature finds that:
649          (a) [it is in the public interest to fundamentally alter the state's cash assistance program
650     for needy families with children; (b)] employment improves the quality of life for parents,
651     children, and individuals by increasing family income, developing job skills, and improving
652     self-esteem; and
653          [(c)] (b) the purpose of the cash assistance provided under this part is to assist a parent
654     [client] recipient to obtain employment that is sufficient to sustain a family, to ensure the
655     dignity of those receiving assistance, and to strengthen families.
656          (2) The Legislature recognizes that even with assistance, some [clients] recipients may
657     be unable to attain complete self-sufficiency.
658          Section 23. Section 35A-3-302 is amended to read:
659          35A-3-302. Eligibility requirements.
660          (1) [The program of] There is created the "Family Employment Program" to provide
661     cash assistance [provided] under this part [is known as the Family Employment Program].
662          (2) (a) The [division] department shall submit a state plan to the Secretary of the
663     United States Department of Health and Human Services to obtain [federal] funding under the
664     federal Temporary Assistance for Needy Families Block Grant.
665          (b) The [division] department shall make the state plan consistent with this part and
666     federal law.
667          (c) If a discrepancy [arises] exists between a provision of the state plan and this part,
668     this part supersedes the provision in the state plan.
669          (3) The services [and supports] provided under this part are for both one-parent and
670     two-parent families.
671          (4) To be eligible for cash assistance under this part, a family shall:
672          (a) have at least one minor dependent child; or
673          (b) have a parent who is in the third trimester of a pregnancy.
674          (5) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
675     Act, the department shall make rules for eligibility and the amount of cash assistance a family
676     is eligible to receive under this part based on:
677          (a) family size;
678          (b) family income;
679          (c) income disregards;
680          (d) other relevant factors; and
681          (e) if the applicant has met the eligibility requirements under Subsections (5)(a)
682     through (d), the assessment and other requirements described in Sections 35A-3-304 and
683     35A-3-304.5.
684          (6) [The division shall disregard] To determine eligibility, the department may not
685     consider money on deposit in an Individual Development Account established under Section
686     35A-3-312 [in determining eligibility].
687          (7) The department shall provide for an appeal of a determination of eligibility in
688     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
689          (8) (a) The department shall make a report to either the Legislature's Executive
690     Appropriations Committee or the Social Services Appropriations Subcommittee on any
691     proposed rule change made under Subsection (5) that would modify the:
692          (i) eligibility requirements for cash assistance; or
693          (ii) [the] amount of cash assistance a family [would be] is eligible to receive.
694          (b) The department shall submit the report under Subsection (8)(a) prior to
695     implementing the proposed rule change [and the].
696          (c) The report under Subsection (8)(a) shall include:
697          (i) a description of the department's current practice or policy that it is proposing to
698     change;
699          (ii) an explanation of why the department is proposing the change;
700          (iii) the effect of an increase or decrease in cash benefits on families; and
701          (iv) the fiscal impact of the proposed change.
702          [(c)] (d) The department may use the Notice of Proposed Rule Amendment form filed
703     with the Division of Administrative Rules as its report if the notice contains the information
704     required under Subsection (8)[(b)](c).
705          (9) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
706     Act, the department shall make rules to ensure that:
707          (a) a recipient of assistance from the Family Employment Program:
708          (i) has adequate access to the assistance;
709          (ii) has the ability to use and withdraw assistance with minimal fees or surcharges,
710     including the opportunity to obtain assistance with no fees or surcharges;
711          (iii) is provided information regarding fees and surcharges that may apply to assistance
712     accessed through an electronic fund transaction; and
713          (iv) is provided information explaining the restrictions on accessing assistance
714     described in Subsection (10); and
715          (b) information regarding fees and surcharges that may apply when accessing
716     assistance from the Family Employment Program through an electronic fund transaction is
717     available to the public.
718          (10) An individual receiving assistance under this section may not access the assistance
719     through an electronic benefit transfer, including through an automated teller machine or
720     point-of-sale device, in an establishment in the state that:
721          (a) exclusively or primarily sells intoxicating liquor;
722          (b) allows gambling or gaming; or
723          (c) provides adult-oriented entertainment where performers disrobe or perform
724     unclothed.
725          (11) An establishment [in the state] described under Subsection (10)(a), (b), or (c) may
726     not allow an individual to access the assistance [described in] under this section on the
727     establishment's premises through an electronic benefit transfer, including through an automated
728     teller machine or point-of-sale device[, if the establishment: (a) exclusively or primarily sells
729     intoxicating liquor; (b) allows gambling or gaming; or (c) provides adult-oriented
730     entertainment where performers disrobe or perform unclothed].
731          (12) In accordance with federal requirements[,] and in accordance with Title 63G,
732     Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to prevent
733     individuals from accessing assistance in a manner prohibited by Subsections (10) and (11),
734     which rules may include enforcement provisions that impose sanctions that temporarily or
735     permanently disqualify an individual from receiving assistance.
736          [(13) When exercising rulemaking authority under this part, the department shall
737     comply with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
738          Section 24. Section 35A-3-303 is amended to read:
739          35A-3-303. Diversion.
740          (1) (a) When an applicant applies for cash assistance under this part, the [division]
741     department shall assess whether the applicant should be [diverted from receiving extended cash
742     assistance.] helped by:
743          (i) diversion to avoid extended cash assistance; or
744          (ii) normal cash assistance under this part.
745          (b) In completing the assessment[, the division shall] under this section, the department
746     may consider the following:
747          (i) the applicant's employment history;
748          (ii) the likelihood of the applicant obtaining immediate full-time employment;
749          (iii) the applicant's general prospect for obtaining full-time employment;
750          (iv) the applicant's need for cash assistance to pay for housing or substantial and
751     unforeseen expenses or work-related expenses;
752          (v) housing stability; and
753          (vi) the adequacy of the applicant's child care arrangements, if applicable.
754          [(b) A finding by the division with regard to eligibility for diversion shall primarily
755     consider whether, but for the diversion assistance received under this section, the applicant
756     would receive extended cash assistance.]
757          (2) If the [division] department determines that the applicant [is eligible for] should be
758     helped by diversion [assistance] and the applicant agrees with this determination, the [division]
759     department shall provide a single payment of cash assistance up to three times the maximum
760     monthly amount of cash assistance that the applicant would be otherwise qualified to receive
761     based on household size.
762          (3) [When] If the department determines that diversion is not appropriate, an applicant
763     may receive cash assistance as [otherwise] provided in this part.
764          Section 25. Section 35A-3-304 is amended to read:
765          35A-3-304. Assessment -- Participation requirements and limitations --
766     Employment plan -- Mentors.
767          (1) (a) Within [20] 30 business days of the date of enrollment, the department shall
768     provide that a parent [client shall] recipient:
769          (i) [be] is assigned an employment counselor; and
770          (ii) [complete] completes an assessment provided by the [division] department
771     regarding the parent [client's] recipient's:
772          [(A) family circumstances;]
773          [(B) education;]
774          [(C) work history;]
775          [(D) skills;]
776          [(E) ability to become self-sufficient; and]
777          (A) prior work experience;
778          (B) ability to become employable;
779          (C) skills; and
780          [(F)] (D) likelihood of a substance use disorder involving the misuse of a controlled
781     substance.
782          (b) The assessment provided under Subsection (1)(a)(ii) shall include:
783          (i) a survey to be completed by the parent [client] recipient with the assistance of the
784     [division] department; and
785          (ii) a written questionnaire to be completed by the parent [client] recipient designed to
786     accurately determine the likelihood of the parent [client] recipient having a substance use
787     disorder involving the misuse of a controlled substance.
788          (c) In addition to the other requirements of this part, if the results of the written
789     questionnaire taken by a parent [client] recipient indicate a reasonable likelihood that the parent
790     [client] recipient has a substance use disorder involving the misuse of a controlled substance,
791     the parent [client] recipient may only receive cash assistance provided under this part in
792     accordance with the additional requirements of Section 35A-3-304.5.
793          (2) (a) Within 15 business days of a parent [client] recipient completing an assessment,
794     the [division] department and the parent [client] recipient shall enter into an employment plan.
795          (b) The employment plan shall have a target date for entry into employment.
796          (c) The [division] department shall provide a copy of the employment plan to the
797     parent [client] recipient.
798          (d) [As to] For the parent [client, the] recipient, the employment plan may include:
799          (i) job searching requirements;
800          (ii) if the parent [client] recipient does not have a high school diploma, participation in
801     an educational program to obtain a high school diploma, or its equivalent;
802          (iii) education or training necessary to obtain employment;
803          (iv) a combination of work and education or training; and
804          (v) assisting the Office of Recovery Services in good faith to:
805          (A) establish the paternity of a minor child; and
806          (B) establish or enforce a child support order.
807          (e) If the parent [client] recipient tests positive for the unlawful use of a controlled
808     substance after taking a drug test under Section 35A-3-304.5, the employment plan shall
809     include an agreement by the parent [client] recipient to:
810          (i) participate in treatment for a substance use disorder; and
811          (ii) meet the other requirements of Section 35A-3-304.5.
812          (f) [As to the division, the] The department's responsibilities under the employment
813     plan may include:
814          (i) providing cash and other types of public and employment assistance, including child
815     care;
816          (ii) assisting the parent [client] recipient to obtain education or training necessary for
817     employment;
818          (iii) assisting the parent [client] recipient to set up and follow a household budget; and
819          (iv) assisting the parent [client] recipient to obtain employment.
820          (g) The [division] department may amend the employment plan to reflect new
821     information or changed circumstances.
822          (h) If immediate employment is an activity [contained] in the employment plan, the
823     parent [client] recipient shall:
824          (i) promptly commence a search for employment for a specified number of hours each
825     week [for employment]; and
826          (ii) regularly submit a report to the [division] department on:
827          (A) how time was spent in search for a job;
828          (B) the number of job applications completed;
829          (C) the interviews attended;
830          (D) the offers of employment extended; and
831          (E) other related information required by the [division] department.
832          (i) (i) If full-time education or training to secure employment is an activity [contained]
833     in an employment plan, the parent [client] recipient shall promptly undertake a full-time
834     education or training program.
835          (ii) The employment plan may describe courses, education or training goals, and
836     classroom hours.
837          (j) (i) [As a condition of receiving] The department may only provide cash assistance
838     under this part[, a parent client shall agree] if the parent recipient agrees in writing to make a
839     good faith effort to comply with the parent recipient's employment plan.
840          [(ii) If a parent client consistently fails to show good faith in complying with the
841     employment plan, the division may seek under Subsection (2)(i)(iii) to terminate all or part of
842     the cash assistance services provided under this part.]
843          [(iii) The division shall establish a process to reconcile disputes between a client and
844     the division as to whether:]
845          (ii) The department shall establish a process to reconcile disputes between a parent
846     recipient and the department as to whether:
847          (A) the parent [client] recipient has made a good faith effort to comply with the
848     employment plan; or
849          (B) the [division] department has complied with the employment plan.
850          (iii) If a parent recipient consistently fails to show good faith in complying with the
851     employment plan, the department may seek to terminate all or part of the cash assistance
852     services provided under this part.
853          (3) (a) Except as provided in Subsection (3)(b), a parent [client's] recipient's supported
854     participation in education or training beyond that required to obtain a high school diploma or
855     its equivalent is limited to the lesser of:
856          (i) 24 months; or
857          (ii) the completion of the education and training requirements of the employment plan.
858          (b) A parent [client] recipient may participate in education or training for up to six
859     months beyond the 24-month limit of Subsection (3)(a)(i) if:
860          (i) the parent [client] recipient is employed for 80 or more hours [a] per month; [and]
861          (ii) the extension is for good cause shown; and
862          (iii) the extension is approved by the director or the director's designee.
863          (c) A parent [client] recipient who receives an extension under Subsection (3)(b)
864     [remains] is subject to Subsection (4).
865          (4) (a) A parent [client] recipient with a high school diploma or equivalent who has
866     received 24 months of education or training shall participate in full-time work activities as
867     defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah
868     Administrative Rulemaking Act.
869          (b) The 24 months [need not] described in Subsection (4)(a) do not have to be
870     continuous[ and the department may define "full-time work activities" by rule].
871          (5) [As a condition for receiving] The department may only provide cash assistance on
872     behalf of a minor child under this part[,] if the minor child [shall be] is:
873          (a) enrolled in and attending school in compliance with Sections 53A-11-101.5 and
874     53A-11-101.7; or
875          (b) exempt from school attendance under Section 53A-11-102.
876          (6) This section does not apply to a person who has received diversion assistance under
877     Section 35A-3-303.
878          (7) (a) The [division shall] department may recruit and train volunteers to serve as
879     mentors for parent [clients] recipients.
880          (b) A mentor may advocate on behalf of a parent [client] recipient and help a parent
881     [client] recipient:
882          (i) develop life skills;
883          (ii) implement an employment plan; or
884          (iii) obtain services and [supports] support from:
885          (A) the volunteer mentor;
886          (B) the [division] department; or
887          (C) civic organizations.
888          Section 26. Section 35A-3-304.5 is amended to read:
889          35A-3-304.5. Drug testing requirements.
890          (1) If the results of a questionnaire described in Subsection 35A-3-304(1) indicate a
891     reasonable likelihood that [a parent client] an applicant may have a substance use disorder
892     involving the misuse of a controlled substance, the [division] department shall require the
893     [parent client] applicant to take a drug test at the [division's] department's expense in order to
894     continue to receive cash assistance under this part.
895          (2) If [a parent client] an applicant refuses to take a drug test required under Subsection
896     (1), the department shall terminate cash assistance under this part and the [parent client]
897     applicant may not reapply for cash assistance under this part for:
898          (a) 90 days after a first refusal to take a drug test [within one year]; or
899          (b) one year after a second refusal to take a drug test within one year.
900          (3) A drug test given under this section shall be administered with due regard to the
901     privacy and dignity of the person being tested.
902          (4) Before taking a drug test under this section, [a parent client] an applicant may
903     advise the person administering the test regarding any prescription or over-the-counter
904     medication the [parent client] applicant is taking.
905          (5) The result of a drug test given under this section is a private record in accordance
906     with Section 63G-2-302 and disclosure to a third party is prohibited except as provided under
907     Title 63G, Chapter 2, Government Records Access and Management Act.
908          (6) If [a parent client] an applicant tests negative for the unlawful use of a controlled
909     substance after taking a drug test under Subsection (1), the [parent client remains] applicant is
910     eligible for cash assistance, subject to the other eligibility requirements of this part.
911          (7) If [a parent client] an applicant tests positive for the unlawful use of a controlled
912     substance after taking a drug test under Subsection (1), the [parent client] applicant:
913          (a) shall be given a list of approved substance use disorder treatment providers that are
914     available in the area in which the individual resides; and
915          (b) may continue to receive benefits if the [parent client] applicant enters into and
916     follows the requirements of [an] the applicant's employment plan, including:
917          (i) receiving treatment, at the [division's] department's expense, from an approved
918     substance use disorder treatment provider for at least 60 days;
919          (ii) testing negative for the unlawful use of a controlled substance:
920          (A) in each subsequent drug test required by [division] department rule during
921     treatment; and
922          (B) in an additional drug test given at the conclusion of treatment; and
923          (iii) meeting the other requirements of receiving cash assistance under this part.
924          (8) [If a parent client] (a) The department shall terminate cash assistance under this
925     part, if an applicant:
926          (i) declines to enter into an employment plan required by Subsection (7)[, or if the
927     parent client]; or
928          (ii) enters into, but fails to meet, a requirement of an employment plan under
929     Subsection (7), including if the [parent client] applicant refuses to take a drug test required by
930     the employment plan or tests positive for the unlawful use of a controlled substance in a drug
931     test required by the employment plan[, the department shall terminate cash assistance under
932     this part and the parent client].
933          (b) An applicant whose cash assistance has been terminated under Subsection (8)(a)
934     may not reapply for cash assistance under this part for:
935          [(a)] (i) except as provided in Subsection (8)(b)(ii), 90 days after the day on which the
936     department determines, under this Subsection (8), that the [parent client] applicant is no longer
937     eligible for cash assistance; or
938          [(b)] (ii) one year after the day on which the department determines, under this
939     Subsection (8), that the [parent client] applicant is no longer eligible for cash assistance, if the
940     department has previously determined on at least one other occasion in the past year that the
941     [parent client] applicant is no longer eligible for cash assistance under this Subsection (8).
942          Section 27. Section 35A-3-306 is amended to read:
943          35A-3-306. Limits on eligibility -- Transitional cash assistance.
944          (1) [For purposes of] As used in this section, "battered or subjected to extreme cruelty"
945     has the same meaning as defined in [is defined in Section 103(a)(1) of P.L. 104-193 or 42
946     U.S.C. Sec. 608(a)(7)(C)(iii),] The Personal Responsibility and Work Opportunity
947     Reconciliation Act of 1996, 42 U.S.C. Sec. 608(a)(7)(C)(iii).
948          (2) Except as provided in Subsection (4), the [division] department may not provide
949     cash assistance to a family who has received cash assistance for 36 months or more.
950          (3) (a) The [division] department shall count toward the [36-month] time limit
951     described in Subsection (2) any time after January 1, 1997, during which:
952          (i) the parent [client] recipient received cash assistance in this or another state; and
953          (ii) the parent [client] recipient is disqualified from receiving cash assistance and the
954     parent [client's] recipient's income and assets are counted in determining eligibility for the
955     family in this or another state.
956          (b) [(i) The division] The department may not count toward the [36-month] time limit
957     described in Subsection (2) or the [24-month] time period described in Subsection (4) any time
958     during which:
959          [(A)] (i) a person 18 years of age or older received cash assistance as a minor child and
960     not as a parent; or
961          [(B)] (ii) a parent [client] recipient received transitional [support] cash assistance under
962     Subsection (5).
963          [(ii) Transitional support cash assistance:]
964          [(A) may be paid if the department determines the assistance is necessary to stabilize
965     employment and prevent recidivism;]
966          [(B) is only available to a parent client who was previously receiving cash assistance
967     under the Family Employment Program but who becomes ineligible due to earned or unearned
968     income; and]
969          [(C) may be granted for a maximum of three months provided the parent client is
970     employed an average of 30 hours per week during the transitional period.]
971          (4) (a) [For up to 24 months, the division] The department may provide cash assistance
972     to a family for up to 24 months beyond the [36-month] time limit described in Subsection (2) if
973     during the previous two months[,] the parent [client] recipient was employed for [no less than]
974     at least 20 hours per week.
975          (b) [For up to 20% of the average monthly number of families who receive cash
976     assistance under this part, the division] Notwithstanding the time limit described in Subsection
977     (2), the department may provide cash assistance to a family beyond the [36-month] time limit
978     in Subsection (2):
979          (i) by reason of a hardship; [or]
980          (ii) if the family includes an individual who has been battered or subjected to extreme
981     cruelty[.]; or
982          (iii) if a parent volunteers to fully participate in a department-approved employment
983     and training activity as prescribed by rules made by the department in accordance with Title
984     63G, Chapter 3, Utah Administrative Rulemaking Act.
985          (c) [For up to 20% of the average monthly number of families who receive cash
986     assistance under this part, the division] Notwithstanding the time limit established in
987     Subsection (4)(a), the department may provide cash assistance to a family beyond the
988     additional [24-month] time period in Subsection (4)(a):
989          (i) by reason of a hardship; or
990          (ii) if the family includes an individual who has been battered or subjected to extreme
991     cruelty.
992          (d) The department may only provide the additional cash assistance described in
993     Subsections (4)(b) and (c) for up to 20% of the average monthly number of families who
994     receive cash assistance under this part.
995          [(d)] (e) Except as provided in Subsections (4)(b) and (c), the [division] department
996     may not provide cash assistance to a family who has received 60 months of cash assistance
997     after October 1, 1996.
998          (5) (a) The department may provide transitional cash assistance to a parent recipient:
999          (i) if the department determines the transitional cash assistance is necessary to stabilize
1000     employment and prevent recidivism of a recipient;
1001          (ii) who was previously receiving cash assistance under the Family Employment
1002     Program but who becomes ineligible due to earned or unearned income; and
1003          (iii) for a maximum of three months if the parent recipient is employed an average of
1004     30 hours per week during the transitional period.
1005          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1006     department shall make rules for the provision of transitional cash assistance under this section.
1007          Section 28. Section 35A-3-307 is amended to read:
1008          35A-3-307. Cash assistance to a single minor parent.
1009          (1) The [division] department may provide cash assistance to a single minor parent in
1010     accordance with this section.
1011          (2) A single minor parent who receives cash assistance under this part shall:
1012          (a) except as provided under Subsection (3), reside in a place of residence maintained
1013     by a parent, legal guardian, or other adult relative of the single minor parent[, except as
1014     provided in Subsection (3)];
1015          (b) participate in education for parenting and life skills;
1016          (c) participate in infant and child wellness programs [operated by the Department of
1017     Health] approved by the department; and
1018          (d) for [not less than] at least 20 hours per week:
1019          (i) [attend high school or an alternative to high school,] if the single minor parent does
1020     not have a high school diploma, attend high school or an alternative to high school;
1021          (ii) participate in education or training; or
1022          (iii) participate in a combination of employment and education or training.
1023          (3) (a) If the [division] department determines that the requirements of Subsection
1024     (2)(a) are not appropriate for a single minor parent, the [division] department may assist the
1025     single minor parent to obtain suitable living arrangements, including an adult-supervised living
1026     arrangement.
1027          (b) [As a condition of receiving] The department may only provide cash assistance[,] to
1028     a single minor parent who is exempt from the requirements of Subsection (2)(a) [shall reside] if
1029     the single minor parent resides in a living arrangement that is approved by the [division]
1030     department.
1031          (c) The approval by the [division] department of a living arrangement under Subsection
1032     (3)(b):
1033          (i) is a means of safeguarding the use of state and federal funds; and
1034          (ii) is not a certification or guarantee of the safety, quality, or condition of the living
1035     arrangements of the single minor parent.
1036          (4) (a) If a single minor parent resides with a parent, the [division] department shall
1037     include the income of the parent of the single minor parent in determining the single minor
1038     parent's eligibility for services [and supports] under this part.
1039          (b) If a single minor parent receives services [and supports] under this chapter but does
1040     not reside with a parent, the [division] department shall seek an order under Title 78B, Chapter
1041     12, Utah Child Support Act, requiring the parent of the single minor parent to financially
1042     support the single minor parent.
1043          (5) The requirements of this section shall be included in a single minor parent's
1044     employment plan under Section 35A-3-304.
1045          Section 29. Section 35A-3-308 is amended to read:
1046          35A-3-308. Adoption services -- Printed information -- Supports provided.
1047          (1) The [division] department may provide assistance under this section to [a client] an
1048     applicant who is pregnant and is not receiving cash assistance [no sooner than] at the beginning
1049     of the third trimester of pregnancy.
1050          (2) For a pregnant [clients] applicant, the [division] department shall:
1051          (a) refer the [client] applicant for appropriate prenatal medical care, including maternal
1052     health services provided under Title 26, Chapter 10, Family Health Services;
1053          (b) inform the [client] applicant of free counseling about adoption from licensed child
1054     placement agencies and licensed attorneys; and
1055          (c) offer the [client] applicant the adoption information packet described in Subsection
1056     (3).
1057          (3) The department shall publish an adoption information packet that:
1058          (a) is easy to understand;
1059          (b) contains geographically indexed materials on the public and private organizations
1060     that provide adoption assistance;
1061          (c) lists the names, addresses, and telephone numbers of licensed child placement
1062     agencies and licensed attorneys who place children for adoption;
1063          (d) explains that private adoption is legal and that the law permits adoptive parents to
1064     reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
1065     pregnancy; and
1066          (e) describes the services [and supports] available to the [client] applicant under this
1067     section.
1068          (4) (a) A [client] recipient remains eligible for assistance under this section, even
1069     though the [client] recipient relinquishes a child for adoption, [provided that] if the adoption is
1070     in accordance with Sections 78B-6-120 through 78B-6-122.
1071          (b) The assistance provided under this section may include:
1072          (i) reimbursement for expenses associated with care and confinement during pregnancy
1073     as provided [for] in Subsection (5); and
1074          (ii) for a maximum of 12 months from the date of relinquishment, coordination of
1075     services to assist the [client] recipient in:
1076          (A) receiving appropriate educational and occupational assessment and planning;
1077          (B) enrolling in appropriate education or training programs, including high school
1078     completion and adult education programs;
1079          (C) enrolling in programs that provide assistance with job readiness, employment
1080     counseling, finding employment, and work skills;
1081          (D) finding suitable housing;
1082          (E) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act,
1083     if the [client] recipient is otherwise eligible; and
1084          (F) receiving counseling and other mental health services.
1085          (5) (a) Except as provided in Subsection (5)(b), a [client] recipient under this section is
1086     eligible to receive an amount equal to the maximum monthly amount of cash assistance paid
1087     under this part to one person for up to 12 consecutive months from the date of relinquishment.
1088          (b) If a [client] recipient is otherwise eligible to receive cash assistance under this part,
1089     the [client] recipient is eligible to receive an amount equal to the increase in cash assistance the
1090     [client] recipient would have received but for the relinquishment for up to 12 consecutive
1091     months from the date of relinquishment.
1092          (6) (a) To [be] remain eligible for assistance under this section, a [client] recipient
1093     shall:
1094          (i) with the cooperation of the [division] department, develop and implement an
1095     employment plan [containing] that includes goals for achieving self-sufficiency and
1096     [describing] that describes the action the [client] recipient will take concerning education and
1097     training [that will result in] to achieve full-time employment;
1098          (ii) if the [client] recipient does not have a high school diploma, enroll in high school
1099     or an alternative to high school and demonstrate progress toward graduation; and
1100          (iii) make a good faith effort to meet the goals of the employment plan as [provided]
1101     described in Section 35A-3-304.
1102          (b) Cash assistance provided to a [client] recipient before the [client] recipient
1103     relinquishes a child for adoption is part of the state plan.
1104          (c) Assistance provided under Subsection (5):
1105          (i) shall be provided for with state funds; and
1106          (ii) may not be [tolled] counted when determining subsequent eligibility for cash
1107     assistance under this chapter.
1108          (d) The time limit provisions of Section 35A-3-306 apply to cash assistance provided
1109     under the state plan.
1110          (e) The [division] department shall monitor a [client's] recipient's compliance with this
1111     section.
1112          (f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the
1113     state plan.
1114          Section 30. Section 35A-3-309 is amended to read:
1115          35A-3-309. Information regarding home ownership.
1116          (1) The [division] department shall provide information and service coordination to
1117     assist [a client to obtain] an applicant in obtaining affordable housing.
1118          (2) The information and services may include:
1119          (a) information from the Utah Housing Corporation and the Housing and Community
1120     Development Division regarding special housing programs, including programs for first-time
1121     home buyers and [persons] individuals with low and moderate incomes and the eligibility
1122     requirements for those programs;
1123          (b) referrals to programs operated by volunteers from the real estate industry that assist
1124     [clients] applicants in obtaining affordable housing, including information on home ownership,
1125     down payments, closing costs, and credit requirements; and
1126          (c) referrals to housing programs operated by municipalities, counties, local housing
1127     authorities, and nonprofit housing organizations that assist individuals [to obtain] in obtaining
1128     affordable housing, including first-time home ownership.
1129          Section 31. Section 35A-3-310 is amended to read:
1130          35A-3-310. Child care services -- Rules.
1131          (1) [A parent client] An applicant may receive assistance for child care under this part
1132     for a minor child in the care and custody of the parent [client] recipient, unless the other parent
1133     in a two-parent family:
1134          (a) is capable of caring for the family's child;
1135          (b) is not employed; and
1136          (c) has not entered into an employment plan with the [division] department.
1137          (2) The [division] department shall encourage a parent [client] recipient to obtain child
1138     care at no cost from a parent, sibling, relative, or other suitable provider.
1139          (3) [Within appropriations from the Legislature and in] In accordance with Title 63G,
1140     Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing
1141     eligibility for child care services for a minor child in the care and custody of a parent who does
1142     not receive cash assistance under this part.
1143          Section 32. Section 35A-3-310.5 is amended to read:
1144          35A-3-310.5. Child care providers -- Criminal background checks -- Payment of
1145     costs -- Prohibitions -- Department rules.
1146          (1) This section applies to a child care provider who:
1147          (a) (i) is selected by [an applicant for, or] a recipient of[,] a child care assistance
1148     payment; or
1149          (ii) is a recipient of a child care assistance payment;
1150          (b) is not required to undergo a criminal background check with the Department of
1151     Health, Bureau of Child Care Licensing;
1152          (c) is not a license exempt child care center or program; and
1153          (d) is an eligible child care provider [under] in accordance with department rules made
1154     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1155          (2) (a) [Each] A child care provider identified under Subsection (1) shall submit to the
1156     department the name and other identifying information, [which shall include] including a set of
1157     fingerprints, of:
1158          (i) existing, new, and proposed [providers of] individuals who provide or may provide
1159     child care; and
1160          (ii) individuals who are at least 18 years of age and reside in the premises where the
1161     child care is provided.
1162          (b) The department may waive the fingerprint requirement under Subsection (2)(a) for
1163     an individual who has:
1164          (i) resided in Utah for five years prior to the required submission; or
1165          (ii) (A) previously submitted a set of fingerprints under this section for a national
1166     criminal history record check; and
1167          (B) resided in Utah continuously since submitting the fingerprints.
1168          (c) The [Utah Division of] Criminal Investigation and Technical Services Division
1169     created within the Department of Public Safety under Section 53-10-103 shall:
1170          (i) process and conduct background checks on all individuals as requested by the
1171     department[, including submitting the]; and
1172          (ii) submit required fingerprints to the U.S. Federal Bureau of Investigation for a
1173     national criminal history background check of the individual.
1174          (d) If the department waives the fingerprint requirement under Subsection (2)(b), the
1175     [Utah Division of] Criminal Investigation and Technical Services Division may allow the
1176     department or its representative access to the [division's] Criminal Investigation and Technical
1177     Services Division's [data base] database to determine whether the individual has been
1178     convicted of a crime.
1179          (e) The child care provider shall pay the cost of the history background check provided
1180     under Subsection (2)(c).
1181          (3) (a) [Each] A child care provider identified under Subsection (1) shall submit to the
1182     department the name and other identifying information of an individual, age 12 through 17,
1183     who resides in the premises where the child care is provided.
1184          [(b) The identifying information referred to in Subsection (3)(a) does not include
1185     fingerprints.]
1186          [(c)] (b) The department or its representative shall access juvenile court records to
1187     determine whether an individual described in Subsection (2) or (3)(a) has been adjudicated in
1188     juvenile court of committing an act which, if committed by an adult, would be a felony or
1189     misdemeanor if:
1190          (i) the individual described in Subsection (2) is under the age of 28; or
1191          (ii) the individual described in Subsection (2):
1192          (A) is [over the] age [of] 28 or older; and
1193          (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
1194     abeyance or diversion agreement for a felony or misdemeanor.
1195          (4) Except as provided in Subsection (5), a child care provider under this section may
1196     not permit an individual [who has been convicted of, has pleaded no contest to, or is currently
1197     subject to a plea in abeyance or diversion agreement for a felony or misdemeanor, or if
1198     Subsection (3)(b) applies, an individual who has been adjudicated in juvenile court of
1199     committing an act which if committed by an adult would be a felony or misdemeanor]
1200     described under Subsection (3)(b) to:
1201          (a) provide subsidized child care; or
1202          (b) reside at the premises where subsidized child care is provided.
1203          (5) (a) The department may make [a rule] rules in accordance with Title 63G, Chapter
1204     3, Utah Administrative Rulemaking Act, to exempt the following from the restrictions of
1205     Subsection (4):
1206          (i) a specific misdemeanor;
1207          (ii) a specific act adjudicated in juvenile court, which if committed by an adult would
1208     be a misdemeanor; and
1209          (iii) background checks of individuals other than the provider who are residing at the
1210     premises where subsidized child care is provided if that child care is provided in the child's
1211     home.
1212          (b) In accordance with criteria established by [rule] department rules made in
1213     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive
1214     director or the director's designee may consider and exempt individual cases, not otherwise
1215     exempt under Subsection (5)(a), from the restrictions of Subsection (4).
1216          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1217     department shall [establish by rule] make rules to determine:
1218          (a) whether a child care subsidy payment should be made prior to the completion of a
1219     background check, particularly in the case of a delay in making or completing the background
1220     check; and
1221          (b) if, and how often, a child care provider shall resubmit the information required
1222     under Subsections (2) and (3).
1223          Section 33. Section 35A-3-311 is amended to read:
1224          35A-3-311. Cash assistance to noncitizen legal residents and drug dependent
1225     persons.
1226          (1) [The division] If barred from using federal funds under federal law, the department
1227     may provide cash assistance to a legal resident who is not a citizen of the United States using
1228     funds appropriated from the [general fund if barred under federal law from using federal funds]
1229     General Fund.
1230          (2) (a) The State exercises the opt out provision in Section 115 of the Personal
1231     Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
1232          (b) Consistent with Subsection (2)(a), the [division] department may provide cash
1233     assistance and SNAP benefits to a person who has been convicted of a felony involving a
1234     controlled substance, as defined in Section 58-37-2.
1235          (c) As a condition for receiving cash assistance under this part, a drug dependant
1236     person, as defined in Section 58-37-2, shall:
1237          (i) receive available treatment for the dependency; and
1238          (ii) make progress toward overcoming the dependency.
1239          (d) The department may only refer [a client] a recipient who is a drug dependent person
1240     to a treatment provider [that] for treating drug dependency if the provider has achieved an
1241     objective level of success, as defined by department [rule, in treating drug dependency] rules
1242     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1243          Section 34. Section 35A-3-312 is amended to read:
1244          35A-3-312. Individual development accounts.
1245          (1) As used in this section:
1246          (a) "Individual development account" means a trust account funded through periodic
1247     contributions by a [client] recipient and matched by or through a not-for-profit organization
1248     organized under Section 501(c)(3), Internal Revenue Code.
1249          (b) "Qualified acquisition costs" means the costs of acquiring, constructing, or
1250     reconstructing a residence, including settlement and closing costs.
1251          (c) "Qualified businesses capitalization expenses" means expenditures for capital,
1252     plant, equipment, working capital, and inventory.
1253          (2) An individual development account may be established by or on behalf of a [client]
1254     recipient to enable [a client] the recipient to accumulate funds for the following purposes:
1255          (a) postsecondary educational expenses [after leaving cash assistance], including
1256     tuition, fees, books, supplies, and transportation costs, if:
1257          (i) the recipient has terminated cash assistance under this chapter; and
1258          (ii) the expenses are paid from the individual development account directly to an
1259     educational institution that the [parent client] recipient is attending as part of an employment
1260     plan;
1261          (b) qualified acquisition costs associated with a first-time home purchase if paid from
1262     the individual development account directly to a person to whom the amount is due;
1263          (c) amounts paid from an individual development account directly to a business
1264     capitalization account that is established in a federally insured financial institution and used
1265     solely for qualified business capitalization expenses; or
1266          (d) the purchase of assistive technologies, vehicle modifications, or home
1267     improvements [that will] to allow a [client] recipient with a disability to participate in
1268     work-related activities.
1269          (3) A [client] recipient may only deposit earned income and funds received from a
1270     not-for-profit organization into an individual development account.
1271          Section 35. Section 35A-3-313 is amended to read:
1272          35A-3-313. Performance goals.
1273          [(1) As used in this section:]
1274          [(a) "Performance goals" means a target level of performance or an expected level of
1275     performance against which actual performance is compared.]
1276          [(b) "Performance indicators" means actual performance information regarding a
1277     program or activity.]
1278          [(c) "Performance monitoring system" means a process to regularly collect and analyze
1279     performance information including performance indicators and performance goals.]
1280          [(2) (a)] (1) The department shall establish a performance monitoring system for cash
1281     assistance provided under this part.
1282          [(b)] (2) The department shall establish the performance indicators and performance
1283     goals that will be used in the performance monitoring system for cash assistance under this
1284     part.
1285          [(c) (i)] (3) (a) The department shall include in the annual written report described in
1286     Section 35A-1-109, a description of the difference between actual performance and
1287     performance goals for the second, third, and fourth quarters of the prior fiscal year and the first
1288     quarter of the current fiscal year.
1289          [(ii) (A)] (b) (i) The legislative fiscal analyst or the analyst's designee shall convey the
1290     information described in Subsection [(2)(c)(i)] (3)(a) to the appropriation subcommittee that
1291     has oversight responsibilities for the Department of Workforce Services during the general
1292     session of the Legislature that follows the submission of the report.
1293          [(B)] (ii) The subcommittee may consider the information in its deliberations regarding
1294     the budget for services [and supports] under this chapter.
1295          Section 36. Section 35A-3-401 is amended to read:
1296     
Part 4. General Assistance

1297          35A-3-401. General Assistance.
1298          (1) (a) The department may provide General Assistance [may be provided] to
1299     individuals who are:
1300          (i) not receiving cash assistance under Part 3, Family Employment Program, or
1301     Supplemental Security Income[,]; and [who are]
1302          (ii) unemployable according to standards established by the department.
1303          (b) (i) General Assistance [may be provided by] described in Subsection (1)(a) may
1304     include payment in cash or in kind.
1305          (ii) The [office] department may provide General Assistance up to an amount [less]
1306     that is no more than the existing payment level for an otherwise similarly situated [client of]
1307     recipient receiving cash assistance under Part 3, Family Employment Program.
1308          (c) The [office] department shall establish asset limitations for a General Assistance
1309     [clients] applicant.
1310          (d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
1311     applicant for the federal Supplemental Security Income [program] for the Aged, Blind, and
1312     Disabled program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the
1313     [division] department for assistance advanced while awaiting the determination of eligibility by
1314     the Social Security Administration.
1315          (ii) General Assistance payments may not be made to a [current client of] recipient
1316     currently receiving:
1317          (A) cash assistance; or
1318          (B) Supplemental Security Income for the Aged, Blind, and Disabled.
1319          (e) (i) General Assistance may be used for the reasonable cost of burial for a [client,]
1320     recipient if heirs or relatives are not financially able to assume this expense.
1321          (ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed[,]
1322     Section 53B-17-301 applies.
1323          (iii) The department shall fix the cost of a reasonable burial and conditions under
1324     which burial expenditures may be made.
1325          (2) The [division] department may cooperate with any governmental unit or agency, or
1326     any private nonprofit agency, in establishing work projects to provide employment for
1327     employable persons.
1328          Section 37. Section 35A-3-402 is amended to read:
1329          35A-3-402. Calculation of General Assistance grants.
1330          [Grants] The department shall provide grants for General Assistance [made pursuant to]
1331     under Section 35A-3-401[, to the extent that those payments are made] on an ongoing basis for
1332     [persons] individuals who are unemployable[, shall be]:
1333          (1) within amounts appropriated by the Legislature; and
1334          (2) calculated in a manner [analogous to that] substantially similar to cash assistance as
1335     provided in Section 35A-3-302.
1336          Section 38. Section 35A-3-502 is amended to read:
1337          35A-3-502. Definitions of social capital.
1338          (1) As used in this part[:], "social capital" means the value provided to the state by a
1339     civic organization, including values, cooperation, strength to families and neighborhoods, and
1340     ensuring livable communities and nurturing environments.
1341          [(1) "Civic organization" includes community service clubs and organizations,
1342     charitable health care and service organizations, fraternal organizations, labor unions, minority
1343     and ethnic organizations, commercial and industrial organizations, commerce and business
1344     clubs, private nonprofit organizations, private nonprofit corporations that provide funding to
1345     community service organizations, organizations that advocate or provide for the needs of
1346     persons with low incomes, religious organizations, and organizations that foster strong
1347     neighborhoods and communities.]
1348          [(2) "Diversion payment" means a lump sum cash payment provided to a client in lieu
1349     of regular monthly cash assistance.]
1350          [(3) "Performance monitoring system" means a process to regularly collect and analyze
1351     performance information, including performance indicators and performance goals.]
1352          [(a) "Performance goals" means a target level of performance or an expected level of
1353     performance against which actual performance is measured.]
1354          [(b) "Performance indicators" means actual performance information regarding a
1355     program or activity.]
1356          (2) Social capital links society together by:
1357          (a) creating opportunities for service and giving;
1358          (b) facilitating trust and cooperation; and
1359          (c) enhancing investments in physical and human capital.
1360          Section 39. Section 35A-3-503 is amended to read:
1361          35A-3-503. Purpose -- Limitations.
1362          [(1) The Legislature finds that public policy should promote and encourage a strong
1363     civic sector. Civic organizations have an important role that cannot be adequately addressed
1364     through either private or public sector action. Important public values such as the condition of
1365     our neighborhoods, the character of our children, and the renewal of our cities directly depend
1366     on the strength of families, neighborhoods, and grassroots community organizations, as well as
1367     the vitality of private and religious institutions that care for those in need. Civic organizations
1368     transmit values between generations, encourage cooperation between citizens, and ensure that
1369     our communities are livable and nurturing environments. The value provided to the state by
1370     civic organizations is called social capital.]
1371          [(2) The purpose of this part is to promote the availability of social capital.]
1372          (1) Using social capital, [clients of and applicants] an applicant for services under this
1373     chapter may receive a wide array of services [and supports] that cannot be provided by state
1374     government alone. [Social capital links all parts of our society together by creating
1375     opportunities for service and giving. It facilitates trust and cooperation and enhances
1376     investments in physical and human capital.]
1377          [(3) In enacting this part, the] (2) The Legislature recognizes:
1378          (a) the constitutional limits of state government to sustain civic institutions that
1379     provide social capital[. While state government has always depended on these institutions, it];
1380          (b) that the state does not create [them] nor can it replace [them. This part recognizes]
1381     civic institutions; and
1382          (c) that state government [shall] should respect, recognize, and, wherever possible,
1383     constitutionally encourage strong civic institutions that sustain a sense of community [and
1384     humanize our lives].
1385          Section 40. Section 35A-3-504 is amended to read:
1386          35A-3-504. Relationship of civic and state services.
1387          (1) (a) Services and supports provided by a civic organization under this part are in
1388     addition to, and not in lieu of, any service [or support] provided by the [division to a client]
1389     department to a recipient.
1390          (b) Receipt of services from a civic organization may not diminish a [person's]
1391     recipient's eligibility for services [or supports] from the [division] department.
1392          (2) [A person] An applicant or recipient is under no obligation to receive services from
1393     a civic organization.
1394          (3) A civic organization is under no obligation to provide services to a person, except
1395     as provided in a contract between the organization and the [division pursuant to] department
1396     under Section 35A-3-507.
1397          Section 41. Section 35A-3-505 is amended to read:
1398          35A-3-505. Application -- Referral to civic organizations.
1399          (1) The [division] department:
1400          (a) shall[, in compliance with Section 35A-3-504,] assess whether an applicant [would
1401     be] is receptive to and would benefit [by services from] from a service provided by a civic
1402     organization[. If so, the division]; and
1403          (b) may inform the applicant of the availability of [those services and supports]
1404     services provided by civic organizations.
1405          (2) (a) If an applicant chooses to receive [those] services [and supports] from a civic
1406     organization, the [division] department shall facilitate the applicant's referral to one or more
1407     appropriate civic organizations.
1408          (b) If an applicant chooses not to receive the services [and supports] of a civic
1409     organization or requests services [and supports] available under this chapter in addition to the
1410     services [and supports] of a civic organization, the [division] department shall process the
1411     application as provided under this chapter.
1412          Section 42. Section 35A-3-506 is amended to read:
1413          35A-3-506. Diversion payment -- Referral to civic organizations.
1414          [When a client] If a recipient receives a diversion payment under Section 35A-3-303,
1415     the [division] department:
1416          (1) shall assess whether the [client would benefit from] recipient is receptive to and
1417     would benefit from services [and supports] from a civic organization[. If so, the division]; and
1418          (2) may inform the [client] recipient of the services [and supports] that civic
1419     organizations provide.
1420          Section 43. Section 35A-3-507 is amended to read:
1421          35A-3-507. Request for proposals from civic organizations -- Contract
1422     requirements.
1423          (1) (a) [Before October 1, 1997, the director shall] The director or the director's
1424     designee may issue a request for proposals[. Interested] to civic organizations [may submit
1425     proposals] for the purpose of contracting with the [division] department for the provision of
1426     social capital.
1427          (b) [In cooperation with the coalition described in Section 35A-3-510,] In accordance
1428     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall establish
1429     by rule:
1430          (i) specifications for proposals;
1431          (ii) deadlines for submissions;
1432          (iii) contents of proposals;
1433          (iv) the criteria upon which proposals will be accepted; and
1434          (v) the amount of available funding.
1435          (2) Within appropriations from the Legislature, the director may enter into[ one or more
1436     contracts with civic organizations] a contract with a civic organization, which shall [at least]
1437     include:
1438          (a) the funding, if any, to be provided to the civic organization by the [division]
1439     department;
1440          (b) the geographical boundary within which the civic organization is to provide
1441     services [and supports] to individuals referred by the [division] department;
1442          (c) a description of the services [and supports] to be provided by the civic organization
1443     to [clients] an applicant or recipient;
1444          (d) the performance monitoring system to be used by the civic organization to evaluate
1445     the [effects] effectiveness of the services [and supports] that it provides; and
1446          (e) other provisions [as] that the [division] department and civic organization consider
1447     appropriate.
1448          (3) (a) A contract between the [division] department and a civic organization under this
1449     section is for a defined period of time and a fixed funding amount.
1450          (b) If a contract provides public funds, the civic organization [will be] is required to
1451     comply with all applicable state and federal law with respect to those funds, [which may
1452     include] including any audit, recordkeeping, and financial accounting requirements.
1453          (4) The services [and supports] provided by civic organizations under this section do
1454     not include eligibility determinations, cash assistance, [food coupons] SNAP benefits, or
1455     quality assurance related to these functions.
1456          Section 44. Section 35A-3-508 is amended to read:
1457          35A-3-508. Inventory of civic organizations.
1458          (1) [To enable the division to refer a client or applicant to an appropriate civic
1459     organization under this part, the division] The department, in cooperation with the coalition
1460     described in Section 35A-3-510, shall complete a statewide inventory of interested civic
1461     organizations[. For those organizations that wish to participate, the], which inventory shall
1462     include for each participating civic organization:
1463          (a) a description of the services [and supports] provided;
1464          (b) the geographical locations served;
1465          (c) methods of accessing services; and
1466          (d) eligibility requirements for services.
1467          (2) The inventory shall be [stored] maintained, updated annually, and made available in
1468     a usable form as a resource directory for [all] employment counselors in the department.
1469          Section 45. Section 35A-3-510 is amended to read:
1470          35A-3-510. Coalition of civic and other organizations.
1471          (1) The director shall convene a coalition of civic organizations, representatives of the
1472     [division] department, representatives of state and local agencies, advocacy organizations,
1473     public officials, community leaders, members of the Legislature, and other persons and
1474     organizations as [he determines] determined by the executive director.
1475          (2) The coalition shall offer advice to the director on issues relevant to this part.
1476          Section 46. Section 35A-3-601 is amended to read:
1477     
Part 6. Administrative Determination of Overpayments Act

1478          35A-3-601. Title.
1479          This part [shall be] is known as the "Administrative Determination of Overpayments
1480     Act."
1481          Section 47. Section 35A-3-603 is amended to read:
1482          35A-3-603. Civil liability for overpayment.
1483          [(1) As used in this section, "intentionally, knowingly, and recklessly" mean the same
1484     as those terms are defined in Section 76-2-103.]
1485          [(2) Each] (1) A provider, [client] recipient, or other person who receives an
1486     overpayment shall, regardless of fault, return the overpayment or repay its value to the
1487     department immediately:
1488          (a) upon receiving written notice of the overpayment from the department; or
1489          (b) upon discovering the overpayment, if that occurs [prior to] before receiving notice.
1490          [(3)] (2) (a) Except as provided under Subsection (3)(b), interest on the unreturned
1491     balance of the overpayment shall accrue at the rate of 1% a month.
1492          (b) If the overpayment was not the fault of the person receiving it, that person is not
1493     liable for interest on the unreturned balance.
1494          (c) In accordance with federal law and rules made by the department in accordance
1495     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an overpayment may be
1496     recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
1497     cash-related assistance provided to a [client] recipient under this chapter, or [any] other means
1498     provided by federal law.
1499          [(4) Each] (3) A person who knowingly assists a [client] recipient, provider, or other
1500     person in obtaining an overpayment is jointly and severally liable for the overpayment.
1501          [(5)] (4) (a) In proving civil liability for overpayment under this section, or Section
1502     35A-3-605, when fault is alleged, the department shall prove by clear and convincing evidence
1503     that the overpayment was obtained intentionally, knowingly, recklessly as "intentionally,
1504     knowingly, and recklessly" are defined in Section 76-2-103, by false statement,
1505     misrepresentation, impersonation, or other fraudulent means, [such as by] including
1506     committing any of the acts or omissions described in Sections 76-8-1203 [through], 76-8-1204,
1507     or 76-8-1205.
1508          (b) If fault is established under Subsection [(5)] (4)(a), Section 35A-3-605, or Title 76,
1509     Chapter 8, Part 12, Public Assistance Fraud, [any] a person who obtained or helped another
1510     obtain an overpayment [shall be] is subject to:
1511          (i) a civil penalty of 10% of the amount of the overpayment; and
1512          (ii) disqualification from receiving cash assistance from the Family Employment
1513     Program created in Section 35A-3-302 and the General Assistance program under Section
1514     35A-3-401, if the overpayment was obtained from either of those programs, for [12 months for
1515     the first offense, 24 months for the second offense, and permanently for the third offense, or as
1516     otherwise provided by federal law; or] the period described in Subsection (4)(c); or
1517          (iii) disqualification from [the] SNAP, if [that is the program from which] the
1518     overpayment was received from SNAP, for the period described in Subsection (4)(c).
1519          (c) Unless otherwise provided by federal law, the period of a disqualification under
1520     Subsection (4)(b)(ii) and (iii) is for:
1521          (i) 12 months for [the] a first offense[,];
1522          (ii) 24 months for [the] a second offense[,]; and
1523          (iii) permanently for [the] a third offense[, or as otherwise provided by federal law].
1524          [(6) If] (5) (a) Except as provided under Subsection (5)(b), if an action is filed, the
1525     department may recover, in addition to the principal sum plus interest, reasonable [attorneys']
1526     attorney fees and costs [unless].
1527          (b) If the repayment obligation arose from an administrative error by the department,
1528     the department may not recover attorney fees and costs.
1529          [(7)] (6) If a court finds that funds or benefits were secured, in whole or part, by fraud
1530     by the person from whom repayment is sought, the court shall assess an additional sum as
1531     considered appropriate as punitive damages up to the amount of repayment being sought.
1532          [(8) Criminal actions] (7) A criminal action for public assistance fraud [are] is
1533     governed by Title 76, Chapter 8, Part 12, Public Assistance Fraud.
1534          [(9)] (8) Jurisdiction over benefits is continuous.
1535          [(10)] (9) This chapter does not preclude the Department of Health from carrying out
1536     its responsibilities under Title 26, Chapter 19, Medical Benefits Recovery Act, and Chapter 20,
1537     Utah False Claims Act.
1538          Section 48. Section 35A-3-604 is amended to read:
1539          35A-3-604. Obligor presumed to have notice of department's rights -- Authority
1540     to administer oaths, issue subpoenas, and compel witnesses and production of documents
1541     -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative
1542     procedures.
1543          (1) An obligor is presumed to have received notice of the rights of the department
1544     under this part upon engaging in this state in any of the acts described in Subsections
1545     35A-3-603[(4)](3) and [(5)] (4) or Section 76-8-1203, 76-8-1204, or 76-8-1205.
1546          (2) For the purposes of this part, the department may administer oaths and certify
1547     official acts, issue subpoenas, and compel witnesses and the production of business records,
1548     documents, and evidence.
1549          (3) (a) Except when an overpayment results from administrative error, the department
1550     may recover from the obligor:
1551          (i) reasonable attorneys' fees;
1552          (ii) costs incurred in pursuing administrative remedies under this part; and
1553          (iii) interest at the rate of 1% a month accruing from the date an administrative or
1554     judicial order is issued determining the amount due under this part.
1555          (b) The department may recover interest, [attorneys'] attorney fees, and costs, if notice
1556     of the assessment has been included in a notice of agency action issued in [conformity]
1557     compliance with Title 63G, Chapter 4, Administrative Procedures Act.
1558          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1559     department may make, amend, and enforce rules to carry out the provisions of this part.
1560          (5) Service of all notices and orders under this part shall comply with:
1561          (a) Title 63G, Chapter 4, Administrative Procedures Act[, the];
1562          (b) Utah Rules of Civil Procedure[,]; or
1563          (c) rules made by the department under this part in accordance with Title 63G, Chapter
1564     3, Utah Administrative Rulemaking Act, that meet standards required by due process.
1565          Section 49. Section 35A-3-605 is amended to read:
1566          35A-3-605. Issuance or modification of administrative order -- Voluntary
1567     acknowledgment of overpayment -- Court orders supersede administrative orders --
1568     Notification requirement.
1569          [(1) As used in Subsection (2)(a)(i), "intentional program violation" means obtaining
1570     an "overpayment" as defined in Section 35A-3-602.]
1571          [(2)] (1) (a) Through an adjudicative proceeding, the department may issue or modify
1572     an administrative order that:
1573          (i) determines whether an overpayment was made, the amount of the overpayment, and
1574     whether benefits were obtained by an intentional program violation;
1575          (ii) reduces the overpayment [to] determined by an administrative judgment; or
1576          (iii) renews an administrative judgment.
1577          (b) The department shall commence an adjudicative proceeding to renew a judgment
1578     by serving notice of agency action on the obligor before the judgment is barred by the
1579     applicable statute of limitations.
1580          [(3)] (2) The department may accept voluntary acknowledgment of an overpayment
1581     obligation and enter into stipulated agreements to issue orders and judgments.
1582          [(4)] (3) (a) A provision of an administrative order is enforceable against an obligor,
1583     unless it is in direct conflict with or is superseded by a provision of a court order.
1584          (b) To the extent of any conflict, the court order governs.
1585          [(5)] (4) After being properly served with a notice of agency action under this part, an
1586     obligor shall notify the department of any subsequent change of address or employment.
1587          Section 50. Section 35A-3-606 is amended to read:
1588          35A-3-606. Docketing abstract of final administrative order -- Real property and
1589     personal property liens -- Effect of order -- Execution.
1590          (1) (a) An abstract of a final administrative order may be docketed in the district court
1591     of any county in the state.
1592          (b) The time of receipt of the abstract shall be noted by the clerk on the abstract and
1593     entered in the docket.
1594          (2) (a) From the time the abstract is docketed in the judgment docket of a district court,
1595     any administrative judgment included in the order abstracted constitutes a lien upon the real
1596     property of the obligor situated in that county.
1597          (b) Unless satisfied, the lien is for a period of eight years from the date the order is
1598     entered [unless previously satisfied].
1599          (3) The final administrative order fixing the liability of the obligor shall have the same
1600     effect as any other money judgment entered in a district court.
1601          (4) [Attachment] (a) Except as provided under Subsection (4)(b), an attachment,
1602     garnishment, or execution on a judgment included in or accruing under an administrative order
1603     filed and docketed under this section shall be in the same manner and with the same effect as
1604     an attachment, garnishment, or execution on a judgment of a district court[, except that a].
1605          (b) A writ of garnishment on earnings shall continue to operate and require the
1606     garnishee to withhold the nonexempt portion of the earnings at each succeeding earnings
1607     disbursement interval until released in writing by the department or by court order.
1608          (5) The lien and enforcement remedies provided by this section are in addition to any
1609     other lien or remedy provided by law.
1610          Section 51. Section 35A-3-607 is amended to read:
1611          35A-3-607. Property subject to execution or lien -- Restriction on transfer or
1612     conveyance -- Release of excess amount above liability to obligor.
1613          (1) [After] (a) Unless released under Subsection (1)(b), after receiving notice that an
1614     abstract has been docketed and a lien established under this part, a person in possession of
1615     [any] property [which] that may be subject to execution or lien may not pay over, release, sell,
1616     transfer, encumber, or convey that property to [any] a person other than the department[,
1617     unless].
1618          (b) The restrictions under Subsection (1)(a) do not apply if the person in possession
1619     first receives a release or waiver from the department, or a court order releasing the lien or
1620     stating that the liability does not exist or has been satisfied.
1621          (2) If a person has in his possession earnings, deposits, accounts, or balances owed to
1622     the obligor in excess of $100 over the amount of the liability claimed by the department, [that]
1623     the person may, without liability under this part, release the excess to the obligor.
1624          Section 52. Section 35A-3-608 is amended to read:
1625          35A-3-608. Schedule of payments to be paid upon liability -- Establishment --
1626     Cancellation.
1627          (1) [At any time, the] The department may at any time:
1628          (a) consistent with the income, earning capacity, and resources of the obligor, set or
1629     reset the level and schedule of payments to be paid upon the liability; and
1630          (b) [at any time,] cancel the schedule of payments and demand immediate payment in
1631     full.
1632          (2) The department may recover an overpayment through deductions from cash
1633     assistance or SNAP benefits under Section 35A-3-603.
1634          Section 53. Section 35A-3-609 is amended to read:
1635          35A-3-609. Statute of limitation -- Enforcement of lien or order.
1636          [No] The department may not take action for the enforcement of an order or lien issued
1637     under this part [may be maintained] unless [it] the action is commenced within eight years
1638     [after] of the date of the order.
1639          Section 54. Section 35A-3-610 is amended to read:
1640          35A-3-610. Legal representation at hearings.
1641          (1) A party may be represented by legal counsel at [any] a hearing held under this part.
1642          (2) At the request of the department [it is the duty of], the attorney general or the
1643     county attorney [to] shall represent the department in [any] a proceeding commenced under this
1644     part.
1645          Section 55. Section 35A-3-701, which is renumbered from Section 35A-3-116 is
1646     renumbered and amended to read:
1647     
Part 7. Refugee Services

1648          [35A-3-116].      35A-3-701. Refugee services fund -- Use of money --
1649     Committee and director duties -- Restrictions.
1650          (1) There is created an expendable special revenue fund, known as the "Refugee
1651     Services Fund."
1652          (2) The director shall administer the fund with input from the department and any
1653     advisory committee involved with the provision of refugee services within the department.
1654          (3) (a) Money shall be deposited into the fund from legislative appropriations, federal
1655     grants, private foundations, and individual donors.
1656          (b) The director shall encourage a refugee who receives services funded under
1657     Subsection (8) to be a donor to the fund when the refugee's financial situation improves
1658     sufficiently to make a donation.
1659          (4) Except for money restricted to a specific use under federal law or by a donor, the
1660     director may not spend money from the fund without the input described in Subsection (2).
1661          (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1662     State Money Management Act, and all interest or other earnings derived from the fund money
1663     shall be deposited in the fund.
1664          (6) Money in the fund may not be used by the director for administrative expenses.
1665          (7) If the department establishes a refugee services advisory committee referenced in
1666     Subsection (2), the committee may:
1667          (a) advise the director on refugee services needs in the state and on relevant operational
1668     aspects of any grant or revenue collection program established under this part;
1669          (b) recommend specific refugee projects to the director;
1670          (c) recommend policies and procedures for administering the fund;
1671          (d) make recommendations on grants made from the fund for refugee services activities
1672     authorized under this section;
1673          (e) advise the director on the criteria by which grants from the fund shall be made;
1674          (f) recommend the order approved projects should be funded;
1675          (g) make recommendations regarding the distribution of money from the fund in
1676     accordance with federal or donor restrictions; and
1677          (h) have joint responsibility to solicit public and private funding for the fund.
1678          (8) The director may use fund money to:
1679          (a) train an existing refugee organization to develop its capacity to operate
1680     professionally and effectively and to become an independent, viable organization; or
1681          (b) provide grants to refugee organizations and other entities identified in Subsection
1682     (9) to assist them:
1683          (i) with case management;
1684          (ii) in meeting emergency housing needs for refugees;
1685          (iii) in providing English language services;
1686          (iv) in providing interpretive services;
1687          (v) in finding and maintaining employment for refugees;
1688          (vi) in collaborating with the state's public education system to improve the
1689     involvement of refugee parents in assimilating their children into public schools;
1690          (vii) in meeting the health and mental health needs of refugees;
1691          (viii) in providing or arranging for child care services; or
1692          (ix) in administering refugee services.
1693          (9) The director, with the input described in Subsection (2), may grant fund money for
1694     refugee services outlined in Subsection (8) through a request for proposal process to:
1695          (a) local governments;
1696          (b) nonprofit community, charitable, or neighborhood-based organizations or private
1697     for-profit organizations involved with providing or arranging for the provision of refugee
1698     services; or
1699          (c) regional or statewide nonprofit organizations.
1700          (10) (a) The director shall enter into a written agreement with each [successful] entity
1701     that successfully applies for a grant [applicant].
1702          (b) The agreement shall include specific terms for each grant consistent with the
1703     provisions of this section, including the structure, amount, and nature of the grant.
1704          (11) The director shall monitor the activities of the recipients of grants issued from the
1705     fund on an annual basis to ensure compliance with the terms and conditions imposed on the
1706     recipient by the fund.
1707          (12) The director shall require an entity that receives a grant under this section to
1708     provide periodic accounting of how the money was used.
1709          (13) As part of the annual written report described in Section 35A-1-109, the director
1710     shall report the status of the fund, including programs and services funded by the fund.
1711          Section 56. Section 35A-3-702, which is renumbered from Section 35A-3-117 is
1712     renumbered and amended to read:
1713          [35A-3-117].      35A-3-702. Continuation of refugee services.
1714          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1715     department may make rules to provide for the administration and coordination of services to
1716     refugees beyond the time period refugee assistance is provided or funded by the federal
1717     government, including the provision of:
1718          (a) services to address emergency needs;
1719          (b) English language training; and
1720          (c) services for victims of domestic violence.
1721          (2) The director shall administer and coordinate services under this section:
1722          (a) with input from the department and any office or advisory committee involved with
1723     the provision of refugee services within the department; and
1724          (b) in accordance with any state and federal requirements related to the provision of
1725     services to refugees.
1726          Section 57. Section 76-8-1201 is amended to read:
1727          76-8-1201. Definitions.
1728          As used in this part:
1729          (1) "Client" means a person who receives or has received public assistance.
1730          (2) "Overpayment" [means the same as that term is] has the same meaning as defined
1731     in Section [35A-3-602] 35A-3-102.
1732          (3) "Provider" [means the same as that term is] has the same meaning as defined in
1733     Section 62A-11-103.
1734          (4) "Public assistance" [means the same as that term is] has the same meaning as
1735     defined in Section 35A-1-102.
1736          Section 58. Section 76-8-1205 is amended to read:
1737          76-8-1205. Public assistance fraud defined.
1738          Each of the following persons, who intentionally, knowingly, or recklessly commits any
1739     of the following acts, is guilty of public assistance fraud:
1740          (1) [any] a person who uses, transfers, acquires, traffics in, falsifies, or possesses [any]
1741     SNAP benefits as defined in Section 35A-1-102, a SNAP identification card, a certificate of
1742     eligibility for medical services, a Medicaid identification card, a fund transfer instrument, a
1743     payment instrument, or a public assistance warrant in a manner not allowed by law;
1744          (2) [any] a person who fraudulently misappropriates [any] funds exchanged for SNAP
1745     benefits as defined in Section 35A-1-102, or [any] an identification card, certificate of
1746     eligibility for medical services, Medicaid identification card, or other public assistance with
1747     which [he] the person has been entrusted or that has come into [his] the person's possession in
1748     connection with [his] the person's duties in administering [any] a state or federally funded
1749     public assistance program;
1750          (3) [any] a person who receives an unauthorized payment as a result of acts described
1751     in this section;
1752          (4) [any] a provider who receives payment or [any] a client who receives benefits after
1753     failing to comply with any applicable requirement in Sections 76-8-1203 and 76-8-1204;
1754          (5) [any] a provider who files a claim for payment under [any] a state or federally
1755     funded public assistance program for goods or services not provided to or for a client of that
1756     program;
1757          (6) [any] a provider who files or falsifies a claim, report, or document required by state
1758     or federal law, rule, or provider agreement for goods or services not authorized under the state
1759     or federally funded public assistance program for which the goods or services were provided;
1760          (7) [any] a provider who fails to credit the state for payments received from other
1761     sources;
1762          (8) [any] a provider who bills a client or a client's family for goods or services not
1763     provided, or bills in an amount greater than allowed by law or rule;
1764          (9) [any] a client who, while receiving public assistance, acquires income or resources
1765     in excess of the amount [he] the client previously reported to the state agency administering the
1766     public assistance, and fails to notify the state agency to which the client previously reported
1767     within 10 days after acquiring the excess income or resources;
1768          (10) [any] a person who fails to act as required under Section 76-8-1203 or 76-8-1204
1769     with intent to obtain or help another obtain an "overpayment" as defined in Section
1770     [35A-3-602] 35A-3-102; and
1771          (11) [any] a person who obtains an overpayment by violation of Section 76-8-1203 or
1772     76-8-1204.
1773          Section 59. Repealer.
1774          This bill repeals:
1775          Section 35A-3-602, Definitions.




Legislative Review Note
     as of 11-21-14 6:28 PM

Office of Legislative Research and General Counsel