7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the Department of Workforce Services.
10 Highlighted Provisions:
11 This bill:
12 ▸ grants rulemaking authority;
13 ▸ adds four members to the Governor's Committee on Employment of People with
15 ▸ modifies how the Qualified Emergency Food Agencies Fund is distributed;
16 ▸ modifies requirements for fees for service for persons representing an individual in
17 child support proceedings;
18 ▸ extends the sunset on the Office of Rehabilitation Transition Restricted Account;
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 35A-1-206, as last amended by Laws of Utah 2016, Chapters 236, 271, and 296
28 35A-4-103, as last amended by Laws of Utah 2012, Chapter 41
29 35A-8-1009, as last amended by Laws of Utah 2013, Chapter 400
30 35A-13-103, as renumbered and amended by Laws of Utah 2016, Chapter 271
31 35A-13-302, as renumbered and amended by Laws of Utah 2016, Chapter 271
32 63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 35A-1-206 is amended to read:
37 35A-1-206. State Workforce Development Board -- Appointment -- Membership
38 -- Terms of members -- Compensation.
39 (1) There is created within the department the State Workforce Development Board in
40 accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C.
41 Sec. 3101 et seq.
42 (2) The board shall consist of the following 39 members:
43 (a) the governor or the governor's designee;
44 (b) one member of the Senate, appointed by the president of the Senate;
45 (c) one representative of the House of Representatives, appointed by the speaker of the
46 House of Representatives;
47 (d) the executive director or the executive director's designee;
48 (e) the executive director of the Department of Human Services or the executive
49 director's designee;
50 (f) the [
51 director's designee;
52 (g) the superintendent of the State Board of Education or the superintendent's designee;
53 (h) the commissioner of higher education or the commissioner's designee;
54 (i) the commissioner of technical education of the Utah College of Applied Technology
55 or the commissioner of technical education's designee;
56 (j) the executive director of the Governor's Office of Economic Development or the
57 executive director's designee;
58 (k) the executive director of the Department of Veterans' and Military Affairs or the
59 executive director's designee; and
60 (l) the following members appointed by the governor:
61 (i) 20 representatives of business in the state, selected among the following:
62 (A) owners of businesses, chief executive or operating officers of businesses, or other
63 business executives or employers with policymaking or hiring authority;
64 (B) representatives of businesses, including small businesses, that provide employment
65 opportunities that include high-quality, work-relevant training and development in in-demand
66 industry sectors or occupations in the state; and
67 (C) representatives of businesses appointed from among individuals nominated by state
68 business organizations or business trade associations;
69 (ii) six representatives of the workforce within the state, which:
70 (A) shall include at least two representatives of labor organizations who have been
71 nominated by state labor federations;
72 (B) shall include at least one representative from a registered apprentice program;
73 (C) may include one or more representatives from a community-based organization
74 that has demonstrated experience and expertise in addressing the employment, training, or
75 educational needs of individuals with barriers to employment; and
76 (D) may include one or more representatives from an organization that has
77 demonstrated experience and expertise in addressing the employment, training, or education
78 needs of eligible youth, including organizations that serve out of school youth; and
79 (iii) two elected officials that represent a city or a county.
80 (3) (a) The governor shall appoint one of the appointed business representatives as
81 chair of the board.
82 (b) The chair shall serve at the pleasure of the governor.
83 (4) (a) The governor shall ensure that members appointed to the board represent
84 diverse geographic areas of the state, including urban, suburban, and rural areas.
85 (b) A member appointed by the governor shall serve a term of four years and may be
86 reappointed to one additional term.
87 (c) A member shall continue to serve until the member's successor has been appointed
88 and qualified.
89 (d) Except as provided in Subsection (4) (e), as terms of board members expire, the
90 governor shall appoint each new member or reappointed member to a four-year term.
91 (e) Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the
92 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
93 board members are staggered so that approximately one half of the board is appointed every
94 two years.
95 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
96 appointed for the unexpired term.
97 (g) The executive director shall terminate the term of any governor-appointed member
98 of the board if the member leaves the position that qualified the member for the appointment.
99 (5) A majority of members constitutes a quorum for the transaction of business.
100 (6) (a) A member of the board who is not a legislator may not receive compensation or
101 benefits for the member's service, but may receive per diem and travel expenses as allowed in:
102 (i) Section 63A-3-106;
103 (ii) Section 63A-3-107; and
104 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
106 (b) Compensation and expenses of a member who is a legislator are governed by
107 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
108 (7) The department shall provide staff and administrative support to the board at the
109 direction of the executive director.
110 (8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec.
111 3111, including:
112 (a) identifying opportunities to align initiatives in education, training, workforce
113 development, and economic development;
114 (b) developing and implementing the state workforce services plan described in
115 Section 35A-1-207;
116 (c) utilizing strategic partners to ensure the needs of industry are met, including the
117 development of expanded strategies for partnerships for in-demand occupations and
118 understanding and adapting to economic changes;
119 (d) developing strategies for staff training;
120 (e) developing and improving employment centers; and
121 (f) performing other responsibilities within the scope of workforce services as
122 requested by:
123 (i) the Legislature;
124 (ii) the governor; or
125 (iii) the executive director.
126 Section 2. Section 35A-4-103 is amended to read:
127 35A-4-103. Void agreements -- Child support obligations -- Penalties.
128 (1) (a) Any agreement by an individual to waive, release, or commute his rights to
129 benefits or any other rights under this chapter is void.
130 (b) Any agreement by any individual in the employ of any person or concern to pay all
131 or any portion of an employer's contributions, required under this chapter from the employer, is
133 (c) An employer may not directly or indirectly:
134 (i) make, require, or accept any deduction from wages to finance the employer's
135 contributions required from the employer;
136 (ii) require or accept any waiver of any right under this chapter by any individual in the
137 employer's employ;
138 (iii) discriminate in regard to the hiring or tenure of work on any term or condition of
139 work of any individual on account of the individual claiming benefits under this chapter; or
140 (iv) in any manner obstruct or impede the filing of claims for benefits.
141 (d) (i) Any employer or officer or agent of an employer who violates Subsection (1)(c)
142 is, for each offense, guilty of a class B misdemeanor.
143 (ii) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under this
144 Subsection (1) shall be not less than $100, and a penalty of imprisonment shall be not more
145 than six months.
146 (2) An individual claiming benefits may not be charged fees or costs of any kind in any
147 proceeding under this chapter by the department or its representatives, or by any court or any
148 officer of the court.
149 (3) (a) Any individual claiming benefits in any proceeding before the department or its
150 representatives or a court may be represented by counsel or any other authorized agent.
151 (b) [
152 charge or receive for the [
153 approved by the division or administrative law judge in accordance with rules made by the
155 (4) Except as provided for in Subsection (5):
156 (a) any assignment, pledge, or encumbrance of any right to benefits that are or may
157 become due or payable under this chapter is void;
158 (b) rights to benefits are exempt from levy, execution, attachment, or any other remedy
159 provided for the collection of debt;
160 (c) benefits received by any individual, so long as they are not mingled with other
161 funds of the recipient, are exempt from any remedy for the collection of all debts except debts
162 incurred for necessaries furnished to the individual or the individual's spouse or dependents
163 during the time when the individual was unemployed; and
164 (d) any waiver of any exemption provided for in Subsection (4) is void.
165 (5) (a) An individual filing a new claim for unemployment compensation shall, at the
166 time of filing the claim, disclose whether or not the individual owes:
167 (i) child support obligations; or
168 (ii) an uncollected overissuance of SNAP benefits.
169 (b) If the individual owes child support obligations, and is determined to be eligible for
170 unemployment compensation, the division shall notify the state or local child support agency
171 charged with enforcing that obligation that the individual is eligible for unemployment
173 (c) The division shall deduct and withhold from any unemployment compensation
174 payable to an individual that owes child support obligations:
175 (i) any amount required to be deducted and withheld from unemployment
176 compensation under legal process, as defined in the Social Security Act, 42 U.S.C. Sec. 659(i),
177 properly served upon the department;
178 (ii) the amount determined under an agreement submitted to the division under
179 Subsection 454 (19)(B)(i) of the Social Security Act, 42 U.S.C. Sec. 654, by the state or local
180 child support enforcement agency, except if Subsection (5)(c)(i) is applicable; or
181 (iii) the amount specified by the claimant to the division if neither Subsection (5)(c)(i)
182 nor (ii) is applicable.
183 (d) The division shall notify the state SNAP agency that an individual is eligible for
184 unemployment compensation if the individual:
185 (i) owes an uncollected overissuance of SNAP benefits; and
186 (ii) is determined to be eligible for unemployment compensation.
187 (e) The division shall deduct and withhold from any unemployment compensation
188 payable to an individual who owes an uncollected overissuance of SNAP benefits:
189 (i) the amount specified by the individual to the division to be deducted and withheld
190 under this Subsection (5)(e);
191 (ii) the amount, if any, determined pursuant to an agreement submitted to the state
192 SNAP agency under Section 13(c)(3)(B) of the Food and Nutrition Act of 2008; or
193 (iii) any amount otherwise required to be deducted and withheld from unemployment
194 compensation pursuant to Section 13(c)(3)(B) of the Food and Nutrition Act of 2008.
195 (f) Any amount deducted and withheld under Subsection (5)(c) or (e) shall:
196 (i) be paid by the department to the appropriate:
197 (A) state or local child support enforcement agency; or
198 (B) state SNAP agency; and
199 (ii) for all purposes, be treated as if it was paid to the individual as unemployment
200 compensation and then paid by the individual to the appropriate:
201 (A) state or local child support enforcement agency in satisfaction of the individual's
202 child support obligation; or
203 (B) state SNAP agency in satisfaction of the individual's uncollected overissuance.
204 (g) For purposes of this Subsection (5):
205 (i) "Child support obligation" means obligations that are enforced under a plan
206 described in Section 454 of the Social Security Act, 42 U.S.C. Sec. 654, that has been approved
207 by the Secretary of Health and Human Services under Part D of Title IV of the Social Security
208 Act, 42 U.S.C. Sec. 651 et seq.
209 (ii) "State SNAP agency" means the Department of Workforce Services or its designee
210 responsible for the collection of uncollected overissuances.
211 (iii) "State or local child support enforcement agency" means any agency or political
212 subdivision of the state operating under a plan described in this Subsection (5).
213 (iv) "Uncollected overissuance" is as defined in Section 13(c)(1) of the Food and
214 Nutrition Act of 2008.
215 (v) "Unemployment compensation" means any compensation payable under this
216 chapter, including amounts payable under an agreement directed by federal law that provides
217 compensation assistance or allowances for unemployment.
218 (h) This Subsection (5) is applicable only if appropriate arrangements have been made
219 for reimbursement by the state or local child support enforcement agency or state SNAP agency
220 for the administrative costs of the department under this Subsection (5) that are directly related
221 to the enforcement of child support obligations or the repayment of uncollected overissuance of
222 SNAP benefits.
223 Section 3. Section 35A-8-1009 is amended to read:
224 35A-8-1009. Qualified Emergency Food Agencies Fund -- Expenditure of
226 (1) As used in this section:
227 (a) "Association of governments" means the following created under the authority of
228 Title 11, Chapter 13, Interlocal Cooperation Act:
229 (i) an association of governments; or
230 (ii) a regional council that acts as an association of governments.
231 (b) "Food and food ingredients" [
232 Section 59-12-102.
242 (i) is:
243 (A) exempt from federal income taxation under Section 501(c)(3), Internal Revenue
245 (B) an association of governments; or
246 (C) a food pantry operated by a municipality located within the state;
247 (ii) as part of its activities operates a program that has as the program's primary purpose
249 (A) warehouse and distribute food to other agencies and organizations providing food
250 and food ingredients to low-income persons; or
251 (B) provide food and food ingredients directly to low-income persons; and
252 (iii) the office determines to be a qualified emergency food agency.
253 (2) There is created an expendable special revenue fund known as the Qualified
254 Emergency Food Agencies Fund.
255 (3) (a) The Qualified Emergency Food Agencies Fund shall be funded by the sales and
256 use tax revenues described in:
257 (i) Section 59-12-103;
258 (ii) Section 59-12-204; and
259 (iii) Section 59-12-1102.
260 (b) Any interest earned on the Qualified Emergency Food Agencies Fund shall be
261 deposited into the General Fund.
262 (4) The office shall for a fiscal year distribute money deposited into the Qualified
263 Emergency Food Agencies Fund to qualified emergency food agencies within the state as
264 provided in this section.
265 (5) A qualified emergency food agency shall file an application with the office before
266 the qualified emergency food agency may receive a distribution under this section.
278 accordance with this section only for a purpose related to:
279 (a) warehousing and distributing food and food ingredients to other agencies and
280 organizations providing food and food ingredients to low-income persons; or
281 (b) providing food and food ingredients directly to low-income persons.
283 Act, the Housing and Community Development Division may make rules providing procedures
284 for implementing the distributions required by this section, including:
285 (a) standards for determining and verifying the amount of a distribution that a qualified
286 emergency food agency may receive;
287 (b) procedures for a qualified emergency food agency to apply for a distribution,
288 including the frequency with which a qualified emergency food agency may apply for a
289 distribution; and
290 (c) consistent with Subsection (1)[
291 emergency food agency.
292 Section 4. Section 35A-13-103 is amended to read:
293 35A-13-103. Office authority.
294 (1) The Utah State Office of Rehabilitation created in Section 35A-1-202 is under the
295 direction of the department and under the direction and general supervision of the executive
297 (2) The department is the sole state agency designated to administer the state plans for
298 vocational rehabilitation and independent living rehabilitation programs.
299 (3) The office is the sole state unit designated to carry out the state plans and other
300 duties assigned by law or the department, including the following:
301 (a) determining eligibility for vocational rehabilitation services;
302 (b) providing vocational rehabilitation services to eligible individuals;
303 (c) determining the types and scope of vocational rehabilitation services provided by
304 the office;
305 (d) determining employment outcomes related to vocational rehabilitation services if
306 required; and
307 (e) determining the appropriate uses of federal rehabilitation funding.
308 (4) The office may not delegate the duties described in Subsection (3) to any other state
309 government entity.
310 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
311 in accordance with the provisions of this chapter, the department in collaboration with the
312 office may make rules related to administering the state plan for vocational rehabilitation,
313 including determining eligibility for vocational rehabilitation services and establishing
314 priorities in providing vocational rehabilitation services.
315 Section 5. Section 35A-13-302 is amended to read:
316 35A-13-302. Governor's Committee on Employment of People with Disabilities.
317 (1) There is created the Governor's Committee on Employment of People with
318 Disabilities, composed of the following [
319 (a) the director of the office;
320 (b) the state superintendent of public instruction or the superintendent's designee;
321 (c) the commissioner of higher education or the commissioner's designee;
322 (d) the executive director of the Department of Human Resource Management or the
323 executive director's designee;
324 (e) the executive director of the Department of Human Services or the executive
325 director's designee;
326 (f) the executive director of the Department of Health or the executive director's
327 designee; and
328 (g) the following [
329 (i) a representative of individuals who are blind or visually impaired;
330 (ii) a representative of individuals who are deaf or hard of hearing;
331 (iii) a representative of individuals who have disabilities;
332 (iv) [
333 (v) a representative experienced in job training and placement;
334 (vi) a representative of veterans; and
335 (vii) a representative experienced in medical, health, or insurance professions.
336 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the governor shall appoint the
337 committee members described in Subsection (1)(g) to serve four-year terms.
338 (ii) In making the initial appointments to the committee, the governor shall appoint
339 approximately one-half of the members to two-year terms and one-half of the members to
340 four-year terms.
341 (b) Committee members shall serve until their successors are appointed and qualified.
342 (c) The governor shall fill any vacancy that occurs on the committee for any reason by
343 appointing a person according to the procedures of this section for the unexpired term of the
344 vacated member.
345 (d) The director of the office shall select a chair of the committee from the
347 (e) [
348 (3) (a) The committee shall:
349 (i) promote employment opportunities for individuals with disabilities;
350 (ii) serve as the designated state liaison to the President's Committee on Employment
351 of People with Disabilities;
352 (iii) provide training and technical assistance to employers in implementing the
353 Americans with Disabilities Act;
354 (iv) develop and disseminate appropriate information through workshops, meetings,
355 and other requests in response to needs to employers and others regarding employment of
356 individuals with disabilities;
357 (v) establish contacts with various community representatives to identify and resolve
358 barriers to full participation in employment and community life;
359 (vi) formally recognize exemplary contributions in the areas of employment, job
360 placement, training, rehabilitation, support services, medicine, media or public relations, and
361 personal achievements made by individuals with disabilities;
362 (vii) advise, encourage, and motivate individuals with disabilities who are preparing
363 for or seeking employment to reach their full potential as qualified employees;
364 (viii) advocate for policies and practices that promote full and equal rights for
365 individuals with disabilities;
366 (ix) advise the office, the department, and the governor on issues that affect
367 employment and other requests for information on disability issues; and
368 (x) prepare an annual report on the progress, accomplishments, and future goals of the
369 committee and present the report to the department for inclusion in the department's annual
370 report described in Section 35A-1-109.
371 (b) The committee may, by following the procedures and requirements of Title 63J,
372 Chapter 5, Federal Funds Procedures Act, receive and accept federal funds, and may receive
373 and accept state funds, private gifts, donations, and funds from any source to carry out its
375 (4) The office shall staff the committee.
376 Section 6. Section 63I-2-253 is amended to read:
377 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
378 (1) Section 53A-1-403.5 is repealed July 1, 2017.
379 (2) Section 53A-1-411 is repealed July 1, 2017.
380 (3) Section 53A-1-709 is repealed July 1, 2020.
381 (4) Subsection 53A-1a-513(4) is repealed July 1, 2017.
382 (5) Section 53A-1a-513.5 is repealed July 1, 2017.
383 (6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
384 (7) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
385 repealed July 1, 2017.
386 (8) (a) [
388 (b) Section 53A-24-602 is repealed July 1, 2018.
389 (9) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
390 (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
391 Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
392 make necessary changes to subsection numbering and cross references.
393 (10) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
394 repealed July 1, 2023.
Legislative Review Note
Office of Legislative Research and General Counsel