1     
WORKFORCE DEVELOPMENT FUNDING AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jennifer Dailey-Provost

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill establishes the Workforce Initiatives Fund within the Department of
10     Workforce Services.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     replaces the Department of Workforce Services' Special Administrative Expense
15     Account with a special revenue fund known as the Workforce Initiatives Fund,
16     consisting of interest and penalties collected under the Employment Support Act;
17          ▸     provides for the use of revenue in the Workforce Initiatives Fund by the Department
18     of Workforce Services, including for the administration of the Utah Workforce
19     Services Code and to cover the costs of workforce development programs; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          This bill appropriates in fiscal year 2024:
23          ▸     to Department of Workforce Services -- Administration, as an ongoing
24     appropriation:
25               •     from Workforce Initiatives Fund, $67,500;
26          ▸     to Department of Workforce Services -- Operations and Policy, as an ongoing
27     appropriation:

28               •     from Workforce Initiatives Fund, $3,268,500;
29          ▸     to Department of Workforce Services -- State Office of Rehabilitation, as an
30     ongoing appropriation:
31               •     from Workforce Initiatives Fund, $1,500; and
32          ▸     to Department of Workforce Services -- Unemployment Insurance, as an ongoing
33     appropriation:
34               •     from Workforce Initiatives Fund, $837,500.
35     Other Special Clauses:
36          This bill provides a special effective date.
37     Utah Code Sections Affected:
38     AMENDS:
39          31A-38-104, as last amended by Laws of Utah 2011, Chapters 303, 342
40          35A-4-305, as last amended by Laws of Utah 2012, Chapter 15
41          35A-4-314, as enacted by Laws of Utah 2013, Chapter 473
42          35A-4-507, as last amended by Laws of Utah 2011, Chapter 342
43          63B-10-401, as last amended by Laws of Utah 2010, Chapter 278
44     REPEALS AND REENACTS:
45          35A-4-506, as last amended by Laws of Utah 2013, Chapter 315
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 31A-38-104 is amended to read:
49          31A-38-104. Authorization -- Money transferred for reserves.
50          (1) The Department of Workforce Services may:
51          (a) convert the bridge program to the state program through any of the following, or
52     combination of the following, that the Department of Workforce Services considers best serves
53     the needs of qualified participants:
54          (i) a contract with a licensed insurance company authorized to do business in the state;
55          (ii) through any other arrangement acceptable under the Trade Reform Act; or
56          (iii) a self-insurance program through a third party administrator as provided in
57     Subsection 31A-38-103(3)(b)(ii); and
58          (b) obligate up to $2,000,000 of the [Special Administrative Expense Account]

59     Workforce Initiatives Fund created in Section 35A-4-506 as reserves for the state program.
60          (2) The money in Subsection (1)(b) may be used until the reserves in the state program
61     become adequate.
62          Section 2. Section 35A-4-305 is amended to read:
63          35A-4-305. Collection of contributions -- Unpaid contributions to bear interest --
64     Offer to compromise.
65          (1) (a) Contributions unpaid on the date on which they are due and payable, as
66     prescribed by the division, shall bear interest at the rate of 1% per month from and after that
67     date until payment plus accrued interest is received by the division.
68          (b) (i) Contribution reports not made and filed by the date on which they are due as
69     prescribed by the division are subject to a penalty to be assessed and collected in the same
70     manner as contributions due under this section equal to 5% of the contribution due if the failure
71     to file on time was not more than 15 days, with an additional 5% for each additional 15 days or
72     fraction thereof during which the failure continued, but not to exceed 25% in the aggregate and
73     not less than $25 with respect to each reporting period.
74          (ii) If a report is filed after the required time and it is shown to the satisfaction of the
75     division or its authorized representative that the failure to file was due to a reasonable cause
76     and not to willful neglect, no addition shall be made to the contribution.
77          (c) (i) If contributions are unpaid after 10 days from the date of the mailing or personal
78     delivery by the division or its authorized representative, of a written demand for payment, there
79     shall attach to the contribution, to be assessed and collected in the same manner as
80     contributions due under this section, a penalty equal to 5% of the contribution due.
81          (ii) A penalty may not attach if within 10 days after the mailing or personal delivery,
82     arrangements for payment have been made with the division, or its authorized representative,
83     and payment is made in accordance with those arrangements.
84          (d) The division shall assess as a penalty a service charge, in addition to any other
85     penalties that may apply, in an amount not to exceed the service charge imposed by Section
86     7-15-1 for dishonored instruments if:
87          (i) any amount due the division for contributions, interest, other penalties or benefit
88     overpayments is paid by check, draft, order, or other instrument; and
89          (ii) the instrument is dishonored or not paid by the institution against which it is drawn.

90          (e) Except for benefit overpayments under Subsection 35A-4-405(5), benefit
91     overpayments, contributions, interest, penalties, and assessed costs, uncollected three years
92     after they become due, may be charged as uncollectible and removed from the records of the
93     division if:
94          (i) no assets belonging to the liable person and subject to attachment can be found; and
95          (ii) in the opinion of the division there is no likelihood of collection at a future date.
96          (f) Interest and penalties collected in accordance with this section shall be paid into the
97     [Special Administrative Expense Account created by] Workforce Initiatives Fund created in
98     Section 35A-4-506.
99          (g) Action required for the collection of sums due under this chapter is subject to the
100     applicable limitations of actions under Title 78B, Chapter 2, Statutes of Limitations.
101          (2) (a) If an employer fails to file a report when prescribed by the division for the
102     purpose of determining the amount of the employer's contribution due under this chapter, or if
103     the report when filed is incorrect or insufficient or is not satisfactory to the division, the
104     division may determine the amount of wages paid for employment during the period or periods
105     with respect to which the reports were or should have been made and the amount of
106     contribution due from the employer on the basis of any information it may be able to obtain.
107          (b) The division shall give written notice of the determination to the employer.
108          (c) The determination is considered correct unless:
109          (i) the employer, within 10 days after mailing or personal delivery of notice of the
110     determination, applies to the division for a review of the determination as provided in Section
111     35A-4-508; or
112          (ii) unless the division or its authorized representative of its own motion reviews the
113     determination.
114          (d) The amount of contribution determined under Subsection (2)(a) is subject to
115     penalties and interest as provided in Subsection (1).
116          (3) (a) If, after due notice, an employer defaults in the payment of contributions,
117     interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit
118     overpayments and penalties on the overpayments, the amount due shall be collectible by civil
119     action in the name of the division, and the employer adjudged in default shall pay the costs of
120     the action.

121          (b) Civil actions brought under this section to collect contributions, interest, or
122     penalties from an employer, or benefit overpayments and penalties from a claimant shall be:
123          (i) heard by the court at the earliest possible date; and
124          (ii) entitled to preference upon the calendar of the court over all other civil actions
125     except:
126          (A) petitions for judicial review under this chapter; and
127          (B) cases arising under the workers' compensation law of this state.
128          (c) (i) (A) To collect contributions, interest, or penalties, or benefit overpayments and
129     penalties due from employers or claimants located outside Utah, the division may employ
130     private collectors providing debt collection services outside Utah.
131          (B) Accounts may be placed with private collectors only after the employer or claimant
132     has been given a final notice that the division intends to place the account with a private
133     collector for further collection action.
134          (C) The notice shall advise the employer or claimant of the employer's or claimant's
135     rights under this chapter and the applicable rules of the department.
136          (ii) (A) A private collector may receive as compensation up to 25% of the lesser of the
137     amount collected or the amount due, plus the costs and fees of any civil action or postjudgment
138     remedy instituted by the private collector with the approval of the division.
139          (B) The employer or claimant shall be liable to pay the compensation of the collector,
140     costs, and fees in addition to the original amount due.
141          (iii) A private collector is subject to the federal Fair Debt Collection Practices Act, 15
142     U.S.C. Sec. 1692 et seq.
143          (iv) (A) A civil action may not be maintained by a private collector without specific
144     prior written approval of the division.
145          (B) When division approval is given for civil action against an employer or claimant,
146     the division may cooperate with the private collector to the extent necessary to effect the civil
147     action.
148          (d) (i) Notwithstanding Section 35A-4-312, the division may disclose the contribution,
149     interest, penalties or benefit overpayments and penalties, costs due, the name of the employer
150     or claimant, and the employer's or claimant's address and telephone number when any
151     collection matter is referred to a private collector under Subsection (3)(c).

152          (ii) A private collector is subject to the confidentiality requirements and penalty
153     provisions provided in Section 35A-4-312 and Subsection 76-8-1301(4), except to the extent
154     disclosure is necessary in a civil action to enforce collection of the amounts due.
155          (e) An action taken by the division under this section may not be construed to be an
156     election to forego other collection procedures by the division.
157          (4) (a) In the event of a distribution of an employer's assets under an order of a court
158     under the laws of Utah, including a receivership, assignment for benefits of creditors,
159     adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter
160     due shall be paid in full prior to all other claims except taxes and claims for wages of not more
161     than $400 to each claimant, earned within five months of the commencement of the
162     proceeding.
163          (b) If an employer commences a proceeding in the Federal Bankruptcy Court under a
164     chapter of 11 U.S.C. 101 et seq., as amended by the Bankruptcy Abuse Prevention and
165     Consumer Protection Act of 2005, contributions, interest, and penalties then or thereafter due
166     shall be entitled to the priority provided for taxes, interest, and penalties in the Bankruptcy
167     Abuse Prevention and Consumer Protection Act of 2005.
168          (5) (a) In addition and as an alternative to any other remedy provided by this chapter
169     and provided that no appeal or other proceeding for review provided by this chapter is then
170     pending and the time for taking it has expired, the division may issue a warrant in duplicate,
171     under its official seal, directed to the sheriff of any county of the state, commanding the sheriff
172     to levy upon and sell the real and personal property of a delinquent employer or claimant found
173     within the sheriff's county for the payment of the contributions due, with the added penalties,
174     interest, or benefit overpayment and penalties, and costs, and to return the warrant to the
175     division and pay into the fund the money collected by virtue of the warrant by a time to be
176     specified in the warrant, not more than 60 days from the date of the warrant.
177          (b) (i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the
178     duplicate with the clerk of the district court in the sheriff's county.
179          (ii) The clerk shall enter in the judgment docket, in the column for judgment debtors,
180     the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate
181     columns the amount of the contribution, penalties, interest, or benefit overpayment and
182     penalties, and costs, for which the warrant is issued and the date when the duplicate is filed.

183          (c) The amount of the docketed warrant shall:
184          (i) have the force and effect of an execution against all personal property of the
185     delinquent employer; and
186          (ii) become a lien upon the real property of the delinquent employer or claimant in the
187     same manner and to the same extent as a judgment duly rendered by a district court and
188     docketed in the office of the clerk.
189          (d) After docketing, the sheriff shall:
190          (i) proceed in the same manner as is prescribed by law with respect to execution issued
191     against property upon judgments of a court of record; and
192          (ii) be entitled to the same fees for the sheriff's services in executing the warrant, to be
193     collected in the same manner.
194          (6) (a) Contributions imposed by this chapter are a lien upon the property of an
195     employer liable for the contribution required to be collected under this section who shall sell
196     out the employer's business or stock of goods or shall quit business, if the employer fails to
197     make a final report and payment on the date subsequent to the date of selling or quitting
198     business on which they are due and payable as prescribed by rule.
199          (b) (i) An employer's successor, successors, or assigns, if any, are required to withhold
200     sufficient of the purchase money to cover the amount of the contributions and interest or
201     penalties due and payable until the former owner produces a receipt from the division showing
202     that they have been paid or a certificate stating that no amount is due.
203          (ii) If the purchaser of a business or stock of goods fails to withhold sufficient purchase
204     money, the purchaser is personally liable for the payment of the amount of the contributions
205     required to be paid by the former owner, interest and penalties accrued and unpaid by the
206     former owner, owners, or assignors.
207          (7) (a) If an employer is delinquent in the payment of a contribution, the division may
208     give notice of the amount of the delinquency by registered mail to all persons having in their
209     possession or under their control, any credits or other personal property belonging to the
210     employer, or owing any debts to the employer at the time of the receipt by them of the notice.
211          (b) A person notified under Subsection (7)(a) shall neither transfer nor make any other
212     disposition of the credits, other personal property, or debts until:
213          (i) the division has consented to a transfer or disposition; or

214          (ii) 20 days after the receipt of the notice.
215          (c) All persons notified under Subsection (7)(a) shall, within five days after receipt of
216     the notice, advise the division of credits, other personal property, or other debts in their
217     possession, under their control or owing by them, as the case may be.
218          (8) (a) (i) Each employer shall furnish the division necessary information for the proper
219     administration of this chapter and shall include wage information for each employee, for each
220     calendar quarter.
221          (ii) The information shall be furnished at a time, in the form, and to those individuals
222     as the department may by rule require.
223          (b) (i) Each employer shall furnish each individual worker who is separated that
224     information as the department may by rule require, and shall furnish within 48 hours of the
225     receipt of a request from the division a report of the earnings of any individual during the
226     individual's base-period.
227          (ii) The report shall be on a form prescribed by the division and contain all information
228     prescribed by the division.
229          (c) (i) For each failure by an employer to conform to this Subsection (8) the division
230     shall, unless good cause is shown, assess a $50 penalty if the filing was not more than 15 days
231     late.
232          (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
233     of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
234     per filing.
235          (iii) The penalty is to be collected in the same manner as contributions due under this
236     chapter.
237          (d) (i) The division shall prescribe rules providing standards for determining which
238     contribution reports shall be filed on magnetic or electronic media or in other machine-readable
239     form.
240          (ii) In prescribing these rules, the division:
241          (A) may not require an employer to file contribution reports on magnetic or electronic
242     media unless the employer is required to file wage data on at least 250 employees during any
243     calendar quarter or is an authorized employer representative who files quarterly tax reports on
244     behalf of 100 or more employers during any calendar quarter;

245          (B) shall take into account, among other relevant factors, the ability of the employer to
246     comply at reasonable cost with the requirements of the rules; and
247          (C) may require an employer to post a bond for failure to comply with the rules
248     required by this Subsection (8)(d).
249          (9) (a) (i) An employer liable for payments in lieu of contributions shall file
250     Reimbursable Employment and Wage Reports.
251          (ii) The reports are due on the last day of the month that follows the end of each
252     calendar quarter unless the division, after giving notice, changes the due date.
253          (iii) A report postmarked on or before the due date is considered timely.
254          (b) (i) Unless the employer can show good cause, the division shall assess a $50
255     penalty against an employer who does not file Reimbursable Employment and Wage Reports
256     within the time limits set out in Subsection (9)(a) if the filing was not more than 15 days late.
257          (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
258     of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
259     per filing.
260          (iii) The division shall assess and collect the penalties referred to in this Subsection
261     (9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311.
262          (10) If a person liable to pay a contribution or benefit overpayment imposed by this
263     chapter neglects or refuses to pay it after demand, the amount, including any interest, additional
264     amount, addition to contributions, or assessable penalty, together with any additional accruable
265     costs, shall be a lien in favor of the division upon all property and rights to property, whether
266     real or personal belonging to the person.
267          (11) (a) The lien imposed by Subsection (10) arises at the time the assessment, as
268     defined in the department rules, is made and continues until the liability for the amount
269     assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
270          (b) (i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder
271     of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a
272     warrant with the clerk of the district court.
273          (ii) For the purposes of this Subsection (11)(b):
274          (A) "Judgment lien creditor" means a person who obtains a valid judgment of a court
275     of record for recovery of specific property or a sum certain of money, and who in the case of a

276     recovery of money, has a perfected lien under the judgment on the property involved. A
277     judgment lien does not include inchoate liens such as attachment or garnishment liens until
278     they ripen into a judgment. A judgment lien does not include the determination or assessment
279     of a quasi-judicial authority, such as a state or federal taxing authority.
280          (B) "Mechanics' lien holder" means any person who has a lien on real property, or on
281     the proceeds of a contract relating to real property, for services, labor, or materials furnished in
282     connection with the construction or improvement of the property. A person has a lien on the
283     earliest date the lien becomes valid against subsequent purchasers without actual notice, but not
284     before the person begins to furnish the services, labor, or materials.
285          (C) "Person" means:
286          (I) an individual;
287          (II) a trust;
288          (III) an estate;
289          (IV) a partnership;
290          (V) an association;
291          (VI) a company;
292          (VII) a limited liability company;
293          (VIII) a limited liability partnership; or
294          (IX) a corporation.
295          (D) "Purchaser" means a person who, for adequate and full consideration in money or
296     money's worth, acquires an interest, other than a lien or security interest, in property which is
297     valid under state law against subsequent purchasers without actual notice.
298          (E) "Security interest" means any interest in property acquired by contract for the
299     purpose of securing payment or performance of an obligation or indemnifying against loss or
300     liability. A security interest exists at any time:
301          (I) the property is in existence and the interest has become protected under the law
302     against a subsequent judgment lien arising out of an unsecured obligation; and
303          (II) to the extent that, at that time, the holder has parted with money or money's worth.
304          (12) (a) Except in cases involving a violation of unemployment compensation
305     provisions under Section 76-8-1301, Subsection 35A-4-304(5), or Subsection 35A-4-405(5),
306     and at the discretion of the division, the division may accept an offer in compromise from an

307     employer or claimant to reduce past due debt arising from contributions or benefit
308     overpayments imposed under this chapter.
309          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
310     division shall make rules for allowing an offer in compromise provided under Subsection
311     (12)(a).
312          Section 3. Section 35A-4-314 is amended to read:
313          35A-4-314. Disclosure of information for debt collection -- Court order --
314     Procedures -- Use of information restrictions -- Penalties.
315          (1) The division shall disclose to a creditor who has obtained judgment against a debtor
316     the name and address of the last known employer of the debtor if:
317          (a) the judgment creditor obtains a court order requiring disclosure of the information
318     as described in Subsection (2); and
319          (b) the judgment creditor completes the requirements described in Subsection (3),
320     including entering into a written agreement with the division.
321          (2) (a) A court shall grant an order to disclose the information described in Subsection
322     (1) if, under the applicable Utah Rules of Civil Procedure:
323          (i) the judgment creditor files a motion with the court, which includes a copy of the
324     judgment, and serves a copy of the motion to the judgment debtor and the division;
325          (ii) the judgment debtor and the division have the opportunity to respond to the motion;
326     and
327          (iii) the court denies or overrules any objection to disclosure in the judgment debtor's
328     and the division's response.
329          (b) A court may not grant an order to disclose the information described in Subsection
330     (1), if the court finds that the division has established that disclosure will have a negative effect
331     on:
332          (i) the willingness of employers to report wage and employment information; or
333          (ii) the willingness of individuals to file claims for unemployment benefits.
334          (c) The requirements of Subsection 63G-2-202(7) and Section 63G-2-207 do not apply
335     to information sought through a court order as described in this section.
336          (3) If a court order is granted in accordance with this section, a judgment creditor shall:
337          (a) provide to the division a copy of the order requiring the disclosure;

338          (b) enter into a written agreement with the division, in a form approved by the division;
339          (c) pay the division a reasonable fee that reflects the cost for processing the request as
340     established by department rule; and
341          (d) comply with the data safeguard and security measures described in 20 C.F.R. Sec.
342     603.9 with respect to information received from the division under this section.
343          (4) If a judgment creditor complies with Subsection (3), the division shall provide the
344     information to the judgment creditor within 14 business days after the day on which the
345     creditor complies with Subsection (3).
346          (5) A judgment creditor may not:
347          (a) use the information obtained under this section for a purpose other than satisfying
348     the judgment between the creditor and debtor; or
349          (b) disclose or share the information with any other person.
350          (6) The division may audit a judgment creditor or other party receiving information
351     under this section for compliance with the data safeguard and security measures described in 20
352     C.F.R. Sec. 603.9.
353          (7) If a judgment creditor or other party fails to comply with the data safeguard and
354     security measures under 20 C.F.R. Sec. 603.9, the judgment creditor or other party is subject to
355     a civil penalty of no more than $10,000 enforceable by the [Utah] Office of the Attorney
356     General as follows:
357          (a) the attorney general, on the attorney general's own behalf or on behalf of the
358     division, may file an action in district court to enforce the civil penalty; and
359          (b) if the attorney general prevails in enforcing the civil penalty against the judgment
360     creditor or other party:
361          (i) the attorney general is entitled to an award for reasonable attorney fees, court costs,
362     and investigative expenses; and
363          (ii) the civil penalty shall be deposited into the [special administrative expense account
364     described in Subsection 35A-4-506(1)] Workforce Initiatives Fund created in Section
365     35A-4-506.
366          Section 4. Section 35A-4-506 is repealed and reenacted to read:
367          35A-4-506. Workforce Initiatives Fund.
368          (1) As used in this section, "fund" means the Workforce Initiatives Fund created in

369     Subsection (2).
370          (2) There is created an expendable special revenue fund known as the "Workforce
371     Initiatives Fund."
372          (3) The fund consists of:
373          (a) except as provided in Subsection (7), interest and penalties collected under this
374     chapter, less refunds made under Subsection 35A-4-306(5);
375          (b) money requisitioned under Section 35A-4-507;
376          (c) gifts, grants, donations, contributions, or any other conveyance of money that may
377     be made to the fund from public or private sources; and
378          (d) interest and earnings on fund money.
379          (4) The state treasurer shall:
380          (a) invest money in the fund in accordance with Title 51, Chapter 7, State Money
381     Management Act; and
382          (b) deposit interest and earnings derived from investing fund money into the fund.
383          (5) Subject to Subsection (6), the department may expend money in the fund:
384          (a) for the administration of this title;
385          (b) to establish reserves for the state program created under Title 31A, Chapter 38,
386     Federal Health Care Tax Credit Program Act, in accordance with Subsection
387     31A-38-104(1)(b);
388          (c) to cover the costs of programs or initiatives implemented by the department for
389     workforce development;
390          (d) for a purpose which supports the department, employers, or workforce initiatives;
391     and
392          (e) for programs that reinvest in the workforce.
393          (6) (a) Money in the fund shall be made available to replace, within a reasonable time,
394     any money received by this state under Section 302 of the Social Security Act, 42 U.S.C. Sec.
395     502, as amended, that because of any action of contingency has been lost or has been expended
396     for purposes other than or in amounts in excess of those necessary for the proper administration
397     of this chapter.
398          (b) If the department expends money in the fund for a purpose unrelated to the
399     administration of the unemployment compensation program as described in Subsection

400     303(a)(8) of the Social Security Act, 42 U.S.C. Sec. 503(a)(8), as amended, the division shall
401     develop and follow a cost allocation plan in compliance with United States Department of
402     Labor regulations, including the cost principles described in 29 C.F.R. Sec. 97.22(b) and 2
403     C.F.R. Part 225.
404          (7) In accordance with Subsection 303(a)(11) of the Social Security Act, 42 U.S.C.
405     Sec. 503(a)(8), as amended, the department shall deposit 15% of civil penalties collected for
406     fraud under Subsection 35A-4-405(5)(c)(i) into the Unemployment Compensation Fund
407     established in Section 35A-4-501.
408          Section 5. Section 35A-4-507 is amended to read:
409          35A-4-507. Authority to obtain money from state's account in federal
410     unemployment trust fund -- Use and deposit.
411          (1) Notwithstanding the provisions of Sections 35A-4-501 and 35A-4-506, the
412     department may requisition and receive from the state's account in the unemployment trust
413     fund in the treasury of the United States the money standing to the state's credit as may,
414     consistent with conditions for approval of this chapter under the Federal Unemployment Tax
415     Act, 26 U.S.C. 3301 et seq., be used for expenses of administering this chapter and to expend
416     the money for that purpose.
417          (2) Money requisitioned under Subsection (1) shall be deposited [in] into the [Special
418     Administrative Expense Account] Workforce Initiatives Fund created by Section 35A-4-506.
419          Section 6. Section 63B-10-401 is amended to read:
420          63B-10-401. Other capital facility authorizations and intent language.
421          (1) It is the intent of the Legislature that:
422          (a) Utah State University use institutional funds to plan, design, and construct an
423     expansion of the HPER Building under the direction of the director of the Division of Facilities
424     Construction and Management unless supervisory authority has been delegated;
425          (b) no state funds be used for any portion of this project; and
426          (c) the university may request state funds for operations and maintenance to the extent
427     that the university is able to demonstrate to the Board of Regents that the facility meets
428     approved academic and training purposes under Board of Regents policy R710.
429          (2) It is the intent of the Legislature that:
430          (a) the University of Utah use institutional funds to plan, design, and construct the

431     Moran Eye Center II project under the direction of the director of the Division of Facilities
432     Construction and Management unless supervisory authority has been delegated;
433          (b) no state funds be used for any portion of this project; and
434          (c) the university may request state funds for operations and maintenance to the extent
435     that the university is able to demonstrate to the Board of Regents that the facility meets
436     approved academic and training purposes under Board of Regents policy R710.
437          (3) It is the intent of the Legislature that:
438          (a) the University of Utah use institutional funds to plan, design, and construct the E.
439     E. Jones Medical Science Addition under the direction of the director of the Division of
440     Facilities Construction and Management unless supervisory authority has been delegated;
441          (b) no state funds be used for any portion of this project; and
442          (c) the university may request state funds for operations and maintenance to the extent
443     that the university is able to demonstrate to the Board of Regents that the facility meets
444     approved academic and training purposes under Board of Regents policy R710.
445          (4) It is the intent of the Legislature that:
446          (a) the University of Utah use institutional funds to plan, design, and construct a
447     Museum of Natural History under the direction of the director of the Division of Facilities
448     Construction and Management unless supervisory authority has been delegated;
449          (b) no state funds be used for any portion of this project; and
450          (c) the university may request state funds for operations and maintenance to the extent
451     that the university is able to demonstrate to the Board of Regents that the facility meets
452     approved academic and training purposes under Board of Regents policy R710.
453          (5) It is the intent of the Legislature that:
454          (a) Dixie College use institutional funds to plan, design, and construct the Hurricane
455     Education Center under the direction of the director of the Division of Facilities Construction
456     and Management unless supervisory authority has been delegated;
457          (b) no state funds be used for any portion of this project; and
458          (c) the college may request state funds for operations and maintenance to the extent
459     that the university is able to demonstrate to the Board of Regents that the facility meets
460     approved academic and training purposes under Board of Regents policy R710.
461          (6) It is the intent of the Legislature that:

462          (a) Southern Utah University use institutional funds to plan, design, and construct the
463     Shakespearean Festival Center under the direction of the director of the Division of Facilities
464     Construction and Management unless supervisory authority has been delegated;
465          (b) no state funds be used for any portion of this project; and
466          (c) the college may not request state funds for operations and maintenance.
467          (7) It is the intent of the Legislature that:
468          (a) the Department of Corrections use donations to plan, design, and construct the
469     Wasatch Family History Center under the direction of the director of the Division of Facilities
470     Construction and Management unless supervisory authority has been delegated;
471          (b) no state funds be used for any portion of this project; and
472          (c) the department may request state funds for operations and maintenance.
473          (8) It is the intent of the Legislature that:
474          (a) the Department of Workforce Services use $1,186,700 from its Special
475     Administrative Expense Account [created in Section 35A-4-506] to plan, design, and construct
476     an addition to the Cedar City Employment Center under the direction of the director of the
477     Division of Facilities Construction and Management unless supervisory authority has been
478     delegated; and
479          (b) the department may request state funds for operations and maintenance.
480          (9) It is the intent of the Legislature that the Division of Facilities Construction and
481     Management, acting on behalf of the Department of Natural Resources, may enter into a lease
482     purchase agreement with Carbon County to provide needed space for agency programs in the
483     area if the Department of Natural Resources obtains the approval of the State Building Board
484     by demonstrating that the lease purchase will be a benefit to the state and that the lease,
485     including operation and maintenance costs, can be funded within existing agency budgets.
486          Section 7. Appropriation.
487          The following sums of money are appropriated for the fiscal year beginning July 1,
488     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
489     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
490     Act, the Legislature appropriates the following sums of money from the funds or accounts
491     indicated for the use and support of the government of the state of Utah.
492     ITEM 1

493     To Department of Workforce Services -- Administration
494          From Workforce Initiatives Fund
67,500

495          Schedule of Programs:
496               Administrative Support                         67,500
497     ITEM 2
498     To Department of Workforce Services -- Operations and Policy
499          From Workforce Initiatives Fund
3,268,500

500          Schedule of Programs:
501               Workforce Development                         1,668,500
502               Other Assistance                              100,000
503               Information Technology                         1,500,000
504     ITEM 3
505     To Department of Workforce Services -- State Office of Rehabilitation
506          From Workforce Initiatives Fund
1,500

507          Schedule of Programs:
508               Deaf and Hard of Hearing                         1,500
509     ITEM 4
510     To Department of Workforce Services -- Unemployment Insurance
511          From Workforce Initiatives Fund
837,500

512          Schedule of Programs:
513               Unemployment Insurance Administration               695,700
514               Adjudication                                   141,800
515          The Legislature authorizes the Department of Workforce Services, as allowed by the
516     fund's authorizing statute, to spend all available money in the Workforce Initiatives Fund for
517     fiscal year 2024 regardless of the amount appropriated.
518          The Legislature authorizes the Department of Government Operations, Division of
519     State Finance to transfer remaining balances in the Special Administrative Expense Account to
520     the Workforce Initiatives Fund as of July 1, 2023.
521          The Legislature intends that all nonlapsing funds in the Special Administrative Expense
522     Account retained at the end of fiscal year 2023 for use in fiscal year 2024 within the
523     Department of Workforce Services' Housing and Community Development and Operations and

524     Policy line items become part of the Workforce Initiatives Fund and be authorized for use
525     within the Department of Workforce Services' Housing and Community Development and
526     Operations and Policy line items in fiscal year 2024.
527          Section 8. Effective date.
528          This bill takes effect on July 1, 2023.