Senator Allen M. Christensen proposes the following substitute bill:




Chief Sponsor: Allen M. Christensen

House Sponsor: Daniel McCay


8     General Description:
9          This bill modifies provisions of the Federal Funds Procedures Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     makes certain expenditures from federal Temporary Assistance for Needy Families
14     (TANF) funds subject to the Federal Funds Procedures Act;
15          ▸     amends the definition of "new federal funds" to include a one-time TANF request
16     greater than $1,000,000 over the amount most recently approved by the Legislature;
17     and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63J-5-102, as last amended by Laws of Utah 2011, Chapter 326

26          63J-5-103, as last amended by Laws of Utah 2013, Chapter 295

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 63J-5-102 is amended to read:
30          63J-5-102. Definitions.
31          (1) As used in this chapter:
32          (a) (i) "Agency" means a department, division, committee, commission, council, court,
33     or other administrative subunit of the state.
34          (ii) "Agency" includes executive branch entities and judicial branch entities.
35          (iii) "Agency" does not mean higher education institutions or political subdivisions.
36          (b) (i) "Federal funds" means cash or other money received from the United States
37     government or from other individuals or entities for or on behalf of the United States and
38     deposited with the state treasurer or any agency of the state.
39          (ii) "Federal funds" includes federal assistance and federal assistance programs,
40     however described.
41          (iii) "Federal funds" does not include money received from the United States
42     government to reimburse the state for money expended by the state.
43          (c) "Federal funds reauthorization" means:
44          (i) the formal submission from an agency to the federal government applying for or
45     seeking reauthorization of federal funds which the state is currently receiving;
46          (ii) the formal submission from an agency to the federal government applying for or
47     seeking reauthorization to participate in a federal program in which the state is currently
48     participating that will result in federal funds being transferred to an agency; or
49          (iii) that period after the first year of a previously authorized and awarded grant or
50     funding award, during which federal funds are disbursed or are scheduled to be disbursed after
51     the first year because the term of the grant or financial award extends for more than one year.
52          (d) "Federal funds request summary" means a document detailing:
53          (i) the amount of money that is being requested or is available to be received by the
54     state from the federal government for each federal funds reauthorization or new federal funds
55     request;
56          (ii) those federal funds reauthorizations and new federal funds requests that are

57     included as part of the agency's proposed budget for the fiscal year, and the amount of those
58     requests;
59          (iii) the amount of new state money, if any, that will be required to receive the federal
60     funds or participate in the federal program;
61          (iv) the number of additional permanent full-time employees, additional permanent
62     part-time employees, or combination of additional permanent full-time employees and
63     additional permanent part-time employees, if any, that the state estimates are needed in order to
64     receive the federal funds or participate in the federal program; and
65          (v) any requirements that the state must meet as a condition for receiving the federal
66     funds or participating in the federal program.
67          (e) "Federal maintenance of effort requirements" means any matching, level of effort,
68     or earmarking requirements, as defined in Office of Management and Budget Circular A-133,
69     Compliance Requirement G, that are imposed on an agency as a condition of receiving federal
70     funds.
71          (f) "New federal funds" means:
72          (i) federal assistance or other federal funds that are available from the federal
73     government that:
74          (A) the state is not currently receiving; or
75          (B) exceed the federal funds amount [previously] most recently approved by the
76     Legislature by more than 25% for a federal grant or program in which the state is currently
77     participating; [or]
78          (ii) a federal assistance program or other federal program in which the state is not
79     currently participating[.]; or
80          (iii) a one-time TANF request.
81          (g) "New federal funds request" means:
82          (i) the formal submission from an agency to the federal government:
83          [(i)] (A) applying for or otherwise seeking to obtain new federal funds; or
84          [(ii)] (B) applying for or seeking to participate in a new federal program that will result
85     in federal funds being transferred to an agency[.]; or
86          (ii) a one-time TANF request.
87          (h) (i) "New state money" means money, whether specifically appropriated by the

88     Legislature or not, that the federal government requires Utah to expend as a condition for
89     receiving the federal funds or participating in the federal program.
90          (ii) "New state money" includes money expended to meet federal maintenance of effort
91     requirements.
92          (i) "One-time TANF request" means a proposed expenditure by the Department of
93     Workforce Services from its reserves of federal Temporary Assistance for Needy Families
94     funds:
95          (i) for a project or program that will last for a fixed amount of time and is not an
96     ongoing project or program of the Department of Workforce Services; and
97          (ii) that is greater than $1,000,000 over the amount most recently approved by the
98     Legislature.
99          [(i)] (j) "Pass-through federal funds" means federal funds provided to an agency that
100     are distributed to local governments or private entities without being used by the agency.
101          [(j)] (k) "State" means the state of Utah and all of its agencies, and any administrative
102     subunits of those agencies.
103          (2) When this chapter describes an employee as a "permanent full-time employee" or a
104     "permanent part-time employee," it is not intended to, and may not be construed to, affect the
105     employee's status as an at-will employee.
106          Section 2. Section 63J-5-103 is amended to read:
107          63J-5-103. Scope and applicability of chapter.
108          (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
109     superseding provisions of this chapter by explicit reference to this chapter, the provisions of
110     this chapter apply to each agency and govern each federal funds request.
111          (2) This chapter does not govern federal funds requests for:
112          (a) the Medical Assistance Program, commonly known as Medicaid;
113          (b) the Children's Health Insurance Program;
114          (c) the Women, Infant, and Children program;
115          (d) the Temporary Assistance [to] for Needy Families program, except for a one-time
116     TANF request as defined in Section 63J-5-102;
117          (e) Social Security Act money;
118          (f) the Substance Abuse Prevention and Treatment program;

119          (g) Child Care and Development Block Grant;
120          (h) SNAP Administration and Training money;
121          (i) Unemployment Insurance Operations money;
122          (j) Federal Highway Administration money;
123          (k) the Utah National Guard; or
124          (l) pass-through federal funds.
125          (3) The governor need not seek legislative review or approval of federal funds received
126     by the state if:
127          (a) the governor has declared a state of emergency; and
128          (b) the federal funds are received to assist victims of the state of emergency under
129     [Subsection] Section 53-2a-204[(1)].