Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 17 (2015GS)

Sponsor

Sen. Shiozawa, B.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• revises the Employment Support Act by:
• updating language;
• restructuring sections and parts;
• amending definitions; and
• adding cross-references;
• amends assessment and counselor assignment provisions of the Family Employment Program; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Wed, Feb 11, 2015 at 12:45 PM by jeyring.
EMPLOYMENT SUPPORT ACT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian E. Shiozawa
House Sponsor: 
 Rebecca P. Edwards
LONG TITLE
Committee Note:
The Economic Development and Workforce Services Interim Committee recommended
this bill.
General Description:
This bill modifies the Utah Workforce Services Code by revising and updating Chapter
3, Employment Support Act.
Highlighted Provisions:
This bill:
▸ revises the Employment Support Act by:
• updating language;
• restructuring sections and parts;
• amending definitions; and
• adding cross-references;
▸ amends assessment and counselor assignment provisions of the Family Employment
Program; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-3-101
, as last amended by Laws of Utah 1998, Chapter 1
35A-3-102
, as last amended by Laws of Utah 2007, Chapter 235
35A-3-103
, as last amended by Laws of Utah 2012, Chapter 212
35A-3-103.5
, as last amended by Laws of Utah 2012, Chapter 305
35A-3-104
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-105
, as last amended by Laws of Utah 2008, Chapter 382
35A-3-106
, as last amended by Laws of Utah 2011, Chapter 297
35A-3-108
, as last amended by Laws of Utah 2011, Chapter 297
35A-3-109
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-110
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-111
, as last amended by Laws of Utah 2008, Chapter 382
35A-3-112
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-113
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-115
, as last amended by Laws of Utah 2011, Chapter 188
35A-3-201
, as last amended by Laws of Utah 2003, Chapter 13
35A-3-202
, as last amended by Laws of Utah 2005, Chapter 81
35A-3-203
, as last amended by Laws of Utah 2014, Chapter 371
35A-3-204
, as renumbered and amended by Laws of Utah 1997, Chapter 375
35A-3-205
, as last amended by Laws of Utah 2012, Chapter 212
35A-3-206
, as last amended by Laws of Utah 2014, Chapter 371
35A-3-207
, as last amended by Laws of Utah 2013, Chapters 167 and 413
35A-3-301
, as enacted by Laws of Utah 1997, Chapter 174
35A-3-302
, as last amended by Laws of Utah 2013, Chapter 112
35A-3-303
, as enacted by Laws of Utah 1997, Chapter 174
35A-3-304
, as last amended by Laws of Utah 2012, Chapter 354
35A-3-304.5
, as enacted by Laws of Utah 2012, Chapter 354
35A-3-306
, as last amended by Laws of Utah 2007, Chapter 51
35A-3-307
, as last amended by Laws of Utah 2010, Chapter 296
35A-3-308
, as last amended by Laws of Utah 2008, Chapter 3
35A-3-309
, as last amended by Laws of Utah 2012, Chapter 212
35A-3-310
, as last amended by Laws of Utah 2008, Chapter 382
35A-3-310.5
, as last amended by Laws of Utah 2011, Chapter 297
35A-3-311
, as last amended by Laws of Utah 2012, Chapter 41
35A-3-312
, as last amended by Laws of Utah 2009, Chapter 39
35A-3-313
, as last amended by Laws of Utah 2014, Chapter 371
35A-3-401
, as last amended by Laws of Utah 2004, Chapter 29
35A-3-402
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-502
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-503
, as last amended by Laws of Utah 2011, Chapter 297
35A-3-504
, as last amended by Laws of Utah 1998, Chapter 1
35A-3-505
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-506
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-507
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-508
, as last amended by Laws of Utah 1999, Chapter 21
35A-3-510
, as renumbered and amended by Laws of Utah 1997, Chapter 174
35A-3-601
, as renumbered and amended by Laws of Utah 2003, Chapter 90
35A-3-603
, as last amended by Laws of Utah 2012, Chapter 41
35A-3-604
, as last amended by Laws of Utah 2008, Chapter 382
35A-3-605
, as renumbered and amended by Laws of Utah 2003, Chapter 90
35A-3-606
, as renumbered and amended by Laws of Utah 2003, Chapter 90
35A-3-607
, as renumbered and amended by Laws of Utah 2003, Chapter 90
35A-3-608
, as last amended by Laws of Utah 2012, Chapter 41
35A-3-609
, as renumbered and amended by Laws of Utah 2003, Chapter 90
35A-3-610
, as renumbered and amended by Laws of Utah 2003, Chapter 90
76-8-1201
, as last amended by Laws of Utah 2003, Chapter 90
76-8-1205
, as last amended by Laws of Utah 2012, Chapter 41
RENUMBERS AND AMENDS:
35A-3-701
, (Renumbered from 35A-3-116, as last amended by Laws of Utah 2014,
Chapter 371)
35A-3-702
, (Renumbered from 35A-3-117, as enacted by Laws of Utah 2014, Chapter
250)
REPEALS:
35A-3-602
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-3-101
 is amended to read:
35A-3-101.
Title.
[
(1)
] This chapter [
shall be
] 
is
 known as the "Employment Support Act."
[
(2) A person eligible for employment assistance under Chapter 3 or 5 shall receive any
assistance under the applicable chapter, including stabilization, assessment, training, or
placement, through the department in accordance with Chapter 2, Part 2, Service Delivery.
]
Section 2. Section 
35A-3-102
 is amended to read:
35A-3-102.
Definitions.
[
Unless otherwise specified, as
] 
As
 used in this chapter:
(1) "Adjudicative proceeding" has the same meaning as defined in Section 
63G-4-103
.
(2) "Administrative order" means an order issued by the department that addresses an
overpayment of public assistance.
[
(1)
] 
(3)
 "Applicant" means a person who requests assistance under this chapter.
(4) "Assignment of support" means the transfer to the
Ĥ→ [
department of a recipient's
108a 
rights
to receive some or all of the recipient's child support payments
] 
state of a recipient's right to receive
109a 
support from another person that accrues during the period the recipient receives public
109b 
assistance, including a right to receive support on behalf of any family member for whom the
109c 
recipient is applying for or receiving assistance
 ←Ĥ
.
[
(2)
] 
(5)
 "Average monthly number of families" means the average number of families
who received cash assistance on a monthly basis during the previous federal fiscal year.
[
(3)
] 
(6)
 "Cash assistance" means [
a
] 
the
 monthly dollar amount [
of cash a client
] 
a
recipient
 is eligible to receive under 
the Family Employment Program under
 Section
35A-3-302
.
[
(4)
] 
(7)
 "Child care services" means care of a child 
by a responsible person who is not
the child's parent or legal guardian,
 for a portion of the day that is less than 24 hours in a
qualified setting, as defined by [
rule, by a responsible person who is not the child's parent or
legal guardian
] 
rules made by the department in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(8) (a) "Civic organization" means an organization that provides services to its
community.
 (b) "Civic organization" includes a community service club or organization, a
charitable health care or service organization, a fraternal organization, a labor union, a minority
or ethnic organization, a commercial or industrial organization, a commerce or business club, a
private nonprofit organization, a private nonprofit corporation that provides funding to a
community service organization, an organization that advocates or provides for the needs of
persons with low incomes, a religious organization, and an organization that fosters strong
neighborhoods and communities.
(9) "Court order" means a judgment or order of a court of this state, another state, or
the federal government that addresses an overpayment of public assistance.
[
(5)
] 
(10)
 "Date of enrollment" means the date on which the applicant was approved as
eligible for cash assistance.
[
(6)
] 
(11)
 "Director" means the director of the division 
assigned by the department to
administer a program
.
[
(7)
] 
(12)
 "Diversion" 
or "diversion payment"
 means a [
single payment of cash
assistance
] 
one-time cash assistance payment
 under Section 
35A-3-303
 to a [
client
] 
recipient
who is eligible for 
cash assistance,
 but does not require extended cash assistance under Part 3,
Family Employment Program.
[
(8) "Division" means the Employment Development Division.
]
[
(9)
] 
(13)
 "Education or training" means:
(a) basic remedial education;
(b) adult education;
(c) high school education;
(d) education to obtain the equivalent of a high school diploma;
(e) education to learn English as a second language;
(f) applied technology training;
(g) employment skills training; or
(h) on-the-job training.
[
(10)
] 
(14)
 "Full-time education or training" means training on a full-time basis as
defined by the educational institution attended by the parent [
client
] 
recipient
.
[
(11)
] 
(15)
 "General assistance" means financial assistance provided to a person [
who
is not otherwise eligible for cash assistance under Part 3, Family Employment Program,
because that person does not live in a family with a related dependent child
] 
under Part 4,
General Assistance
.
(16) "Notice of agency action" means the notice required to commence an adjudicative
proceeding as described in Section 
63G-4-201
.
(17) "Obligor" means an individual:
(a) who is liable to the state under Section 
35A-3-603
 and applicable federal statutes
and regulations; or
(b) against whom an administrative or judicial order determining overpayment has
been obtained.
(18) (a) "Overpayment" means money, public assistance, or another item of value
provided under a state or federally funded benefit program to a person that is not entitled to
receive it or is not entitled to receive it at the level provided.
(b) "Overpayment" includes money paid to a provider under this title in connection
with public assistance or another publicly funded assistance program to the extent that the
provider receives payment:
(i) for goods or services not provided; or
(ii) in excess of the amount to which the provider is entitled.
[
(12)
] 
(19)
 "Parent [
client
] 
recipient
" means a person who enters into an employment
plan with the [
division
] 
department
 to qualify for cash assistance under Part 3, Family
Employment Program.
(20) "Performance goals" means a target level of performance that will be compared to
actual performance.
(21) "Performance indicators" means actual performance information regarding a
program or activity.
(22) "Performance monitoring system" means a process to regularly collect and analyze
performance information, including performance indicators and performance goals.
[
(13)
] 
(23)
 "Plan" or "state plan" means the state plan submitted to the Secretary of the
United States Department of Health and Human Services to receive funding from the United
States through the Temporary Assistance for Needy Families Block Grant 
in accordance with
U.S.C. Sec. 602
.
(24) "Recipient" means a person who is qualified to receive, is receiving, or has
received assistance under this chapter.
[
(14)
] 
(25)
 "Single minor parent" means a person under 18 years of age who is not
married and has a minor child in the person's care and custody.
(26) "Transitional cash assistance" means assistance provided to a recipient to stabilize
employment and reduce the future use of cash assistance provided under Part 3, Family
Employment Program.
Section 3. Section 
35A-3-103
 is amended to read:
35A-3-103.
Department responsibilities.
The [
division
] 
department
 shall:
(1) administer public assistance programs assigned by the Legislature and the
governor;
(2) determine eligibility [
in accordance with the requirements of this chapter
] for
public assistance programs [
assigned to it by the Legislature or the governor
] 
in accordance
with the requirements of this chapter
;
(3) cooperate with the federal government in the administration of public assistance
programs;
(4) administer [
the Utah
] state employment [
service
] 
services
 in accordance with
Section 
35A-3-115
;
(5) provide for the compilation of necessary or desirable information, statistics, and
reports;
(6) perform other duties and functions required by law;
(7) monitor the application of eligibility policy;
(8) develop personnel training programs for [
more
] effective and efficient operation of
[
all
] 
the
 programs [
under the administration of
] 
administered by
 the [
division
] 
department
;
(9) provide refugee resettlement services 
in accordance with Section 
35A-3-116
;
(10) provide child care assistance for children 
in accordance with Part 2, Office of
Child Care
; and
(11) provide services [
and support
] that enable [
clients
] 
an applicant or recipient
 to
qualify for affordable housing in cooperation with:
(a) the Utah Housing Corporation;
(b) the Housing and Community Development Division; and
(c) local housing authorities.
Section 4. Section 
35A-3-103.5
 is amended to read:
35A-3-103.5.
Employment and the provision of services for the disabled.
(1) As used in this section, "recipient" means an individual who:
(a) has a disability;
(b) suffers from a mental illness; or
(c) is undergoing treatment for a substance abuse problem.
(2) [
When
] 
Subject to funds made available for this purpose and subject to federal and
state law, when
 providing services to a recipient in the programs provided under this chapter,
the department shall[
, within funds appropriated by the Legislature and in accordance with the
requirements of federal and state law and memorandums of understanding between the
department and other state entities that provide services to a recipient,
] give priority to
providing services that assist an eligible recipient in obtaining and retaining meaningful and
gainful employment that enables the recipient to earn sufficient income to:
(a) purchase goods and services;
(b) establish self-sufficiency; and
(c) exercise economic control of the recipient's life.
(3) The department shall develop a written plan to implement the policy described in
Subsection (2) that includes:
(a) assessing the strengths and needs of a recipient;
(b) customizing strength-based approaches to obtaining employment;
(c) expecting, encouraging, providing, and rewarding 
employment
:
(i) integrated employment in the workplace at competitive wages and benefits; and
(ii) self-employment;
(d) developing partnerships with potential employers;
(e) maximizing appropriate employment training opportunities;
(f) coordinating services with other government agencies and community resources;
(g) to the extent possible, eliminating practices and policies that interfere with the
policy described in Subsection (2); and
(h) arranging sub-minimum wage work or volunteer work for an eligible recipient
when employment at market rates cannot be obtained.
(4) The department shall, on an annual basis:
(a) set goals to implement the policy described in Subsection (2) and the plan described
in Subsection (3);
(b) determine whether the goals for the previous year have been met; and
(c) modify the plan described in Subsection (3) as needed.
Section 5. Section 
35A-3-104
 is amended to read:
35A-3-104.
Contracts for administration and provision of public assistance.
The [
division, in consultation with the
] department[
,
] may contract with other public or
private agencies to assist in the administration and provision of public assistance.
Section 6. Section 
35A-3-105
 is amended to read:
35A-3-105.
Determination of eligibility and responsibility -- Information from
State Tax Commission.
(1) The [
division
] 
department
 may have access to relevant information contained in the
income tax returns of [
a client, applicant, or
] 
an applicant, a recipient, or a
 person who has a
duty to support [
a client
] 
an applicant or recipient,
 in determining:
(a) eligibility for public assistance;
(b) payment responsibilities for institutional care; or
(c) any other administrative purpose consistent with this chapter.
(2) The information requested by the [
division
] 
department
 shall be:
(a) provided by the State Tax Commission on forms furnished by the [
division
]
department
; and
(b) treated 
by the department
 as a private record under Title 63G, Chapter 2,
Government Records Access and Management Act[
, by the division
].
Section 7. Section 
35A-3-106
 is amended to read:
35A-3-106.
Residency requirements.
[
To be
] 
(1) An applicant is only
 eligible for public assistance under this chapter[
, an
] 
if
the
 applicant [
shall be
] 
is
 living in Utah voluntarily with the intention of making [
this
] 
the
 state
the applicant's place of residence[
, and not
]
.
(2) An applicant is not eligible for public assistance under this chapter if the applicant
is living in Utah
 for a temporary purpose.
Section 8. Section 
35A-3-108
 is amended to read:
35A-3-108.
Assignment of support.
(1) (a) [
The division shall obtain
] 
An applicant shall provide
 an assignment of support
[
from each applicant or client
] 
to the department
 regardless of whether the payment is court
ordered.
(b) Upon the receipt of 
public
 assistance, any right 
of the recipient
 to receive support
from another person passes to the 
Ĥ→ [
[
] 
state,
 [
]
]
 [
department,
] ←Ĥ
including a right to
282a 
support on behalf of
any family member for whom the recipient is applying for or receiving assistance,
 even if the
[
client
] 
recipient
 has not executed and delivered an assignment 
of support
 to the [
division
]
department
 as required by Subsection (1)(a).
[
(c) The right to support described in Subsection (1)(b) includes a right to support in
the applicant's or client's own behalf or in behalf of any family member for whom the applicant
or client is applying for or receiving assistance.
]
(2) An assignment of support
,
 or a [
passing of rights under Subsection (1)(b)
] 
right to
receive support passed to the
Ĥ→ [
department
] 
state
 ←Ĥ
,
 includes payments ordered, decreed, or
290a adjudged by
[
any
] 
a
 court within this state, [
any other
] 
another
 state, or 
a
 territory of the United States and is
not in lieu of, and does not supersede or alter, any other court order, decree, or judgment.
(3) When an assignment 
of support
 is executed or the right to support passes to the
Ĥ→ [
department
] 
state
 ←Ĥ
 under [
Subsection (1)(b), the applicant or client
] 
this section, the
294a 
recipient
 is
eligible to regular monthly assistance and the support paid to the [
division
] 
Ĥ→ [
department
]
295a 
state
 ←Ĥ
 is a
refund.
(4) All [
sums
] 
money
 refunded 
under this section shall be deposited into the General
Fund
, except any amount which is required to be credited to the federal government[
, shall be
deposited into the General Fund
].
(5) 
Ĥ→ [
[
] 
On
 [
]
] [
Except for support already received by the department, on
] ←Ĥ
and
300a after the date a
Ĥ→ [
family
] 
recipient
 ←Ĥ
 stops receiving cash assistance, an assignment of support under
301a [
Subsection (1)
] 
this
section
 does not apply to [
any
] support that accrued before the 
Ĥ→ [
family
] 
recipient
 ←Ĥ
 received
302a [
such
] 
the
Ĥ→ 
cash
 ←Ĥ
assistance [
if the department has not collected the support by the date the family stops
receiving cash assistance, if the assignment is executed on or after October 1, 1998
] 
Ĥ→ [
.
] 
if:
304a 
 (a) the state has not collected the support by the date the recipient stops receiving cash
304b 
assistance; and
304c 
 (b) the assignment was executed on or after October 1, 1998.
 ←Ĥ
(6) The 
Ĥ→ [
department
] 
state
 ←Ĥ
 shall distribute 
Ĥ→ [
[
] 
arrearages
 [
]
] [
overdue or
305a 
unpaid amounts
] ←Ĥ
to
[
families
] 
a recipient
 in accordance with the 
requirements of the
 Social Security Act, 42 U.S.C.
Sec. 657.
(7) [
The total amount of
] 
When an assignment of support includes child support,
Ĥ→ [
the
department may not collect more
] 
the total amount of
 ←Ĥ
child support [
assigned to the
309a 
department and collected
]
Ĥ→ [
payments
] 
assigned to the state and collected
 ←Ĥ
under this section 
Ĥ→ [
[
] 
may not
310a 
exceed
[
]
] [
than
] ←Ĥ
the total amount of cash assistance
Ĥ→ [
[
] received by the recipient
[
]
] [
provided to the recipient
] ←Ĥ
.
Section 9. Section 
35A-3-109
 is amended to read:
35A-3-109.
Assistance provided to guardian or other caretaker -- Periodic review.
(1) [
When it appears necessary or advisable,
] 
At the discretion of the department, the
department may pay the
 public assistance [
may be paid
] to the legal guardian of [
an applicant
or client
] 
a recipient
.
(2) The [
division
] 
department
 may 
only
 provide cash assistance 
on behalf of an eligible
recipient
 under Part 3, Family Employment Program, [
on behalf of an eligible client,
] to
another individual interested in or concerned with the welfare of the [
client only when
]
recipient if
:
(a) by reason of the [
client's
] 
recipient's
 physical or mental condition, the [
client
]
recipient
 is unable to manage funds;
(b) [
when
] the provision of cash assistance directly to the [
client
] 
recipient
 would be
contrary to the [
client's
] 
recipient's
 welfare; or
(c) [
when
] the [
division
] 
department
 is [
so directed by
] 
acting according to
 federal
requirements.
(3) The [
division
] 
department
 shall
:
(a)
 undertake or contract with other state agencies to make special efforts to protect the
welfare of [
clients
] 
a recipient
 and improve [
their
] 
the recipient's
 capacity for self-care[
. 
Periodic
]
; and
(b) periodically
 review [
of a client's
] 
a recipient's
 condition [
is required. When
conditions change,
] 
to determine whether, in the best interest of the recipient:
(i)
 cash assistance that is provided to an individual other than the [
client shall
] 
recipient
should
 be discontinued [
or, when advisable,
]
; or
(ii)
 a legal guardian [
shall
] 
should
 be appointed[
, whichever action best serves the
interests and welfare of the client
].
Section 10. Section 
35A-3-110
 is amended to read:
35A-3-110.
Third party obligation -- Interest.
[
Whenever the division
] 
(1) If the department
 expends public assistance on behalf of [
a
client
] 
a recipient
 for services or supplies, for which another person is obligated to reimburse
the [
division, that other
] 
department, the department shall notify the person of the obligation to
make the reimbursement.
(2) Upon receiving notification under Subsection (1), the notified
 person shall make
[
such
] 
the
 reimbursement within 60 days [
of notification by the division. If reimbursement is
not made within that period, and no extension of time is granted by the division, interest shall
accrue on the
]
.
(3) After the time period established under Subsection (2), the department shall charge
interest on any
 unpaid balance at the rate of 8% per annum 
unless an extension is granted by
the department
.
Section 11. Section 
35A-3-111
 is amended to read:
35A-3-111.
Collection of overpayments.
(1) The department [
is responsible for the recovery of
] 
shall recover
 overpayments
[
required
] 
as described
 in Section 
35A-3-603
.
(2) [
Excess property liens required in the various programs
] 
An excess property lien
that is required by a department program, but is
 not transferred to the federal government [
shall
remain
]
, remains
 a condition of eligibility in public assistance programs.
(3) A [
client can
] 
recipient may
 appeal an initial department determination that there
has been an overpayment under rules made by the department in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
Section 12. Section 
35A-3-112
 is amended to read:
35A-3-112.
Assistance not assignable -- Exemption from execution, garnishment,
bankruptcy, or insolvency proceedings.
(1)
 Public assistance provided under this chapter is not assignable[
,
] at law or in
equity[
, and none
]
.
(2) None
 of the money paid or payable under this chapter is subject to
:
(a)
 execution, levy, attachment, garnishment, or other legal process[
,
]
;
 or [
to
]
(b)
 the operation of [
any
] bankruptcy or insolvency law.
Section 13. Section 
35A-3-113
 is amended to read:
35A-3-113.
Prohibition of charges or fees for representing applicants or
recipients.
[
A
] 
Except for criminal proceedings, a
 person may not [
make any
] charge or receive
[
any
] 
a
 fee for representing an applicant [
or client in any
] 
or recipient in a
 proceeding under
this chapter, [
except criminal proceedings,
] or with respect to [
any
] 
an
 application, [
whether
the fee or charge is to be paid by the applicant, client, or any other person, if that fee is in
excess of an amount
] 
in an amount greater than the amount
 determined by the court or body
before whom an applicant or [
client
] 
recipient
 has been represented 
regardless of who pays the
charge or fee
.
Section 14. Section 
35A-3-115
 is amended to read:
35A-3-115.
Public employment offices -- Agreements with other authorities --
Federal system accepted -- Appropriation.
(1) (a) The [
division
] 
department
 shall establish and maintain [
free
] public
employment offices in a manner and in places as [
may be
] necessary for the proper
administration of this chapter and for the purposes of performing the functions [
as are within
the purview of the Act of Congress entitled "An act to provide for the establishment of a
national employment system and for co-operation with the states in the promotion of such
system, and for other purposes," approved June 6, 1933, 48 Stat. 113; U. S. Code, Title 29,
Section 49 (c) as amended, hereinafter referred to as the "Wagner-Peyser Act."
] 
described in
the Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended.
(b) The [
division
] 
department
 shall consult with the directors of economic service areas
when determining the location of public employment offices.
(c) The [
division
] 
department
 may locate a public employment office in connection
with [
or as an integrated part of
] an employment center established under Section 
35A-2-203
.
(2) (a) The provisions of the Wagner-Peyser Act, 29 U.S.C. 49-49c, 49g, 49h, 49k, and
557, are accepted by [
this
] 
the
 state.
(b) The department is designated and constitutes the agency of [
this
] 
the
 state for the
purposes of the [
act
] 
Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended
.
(3) (a) For the purpose of establishing and maintaining [
free
] public employment
offices, and promoting the use of [
their facilities
] 
the offices
, the [
division
] 
department
 may
enter into agreements with [
the railroad retirement board, or any other
] 
any
 agency 
or
department
 of the United States, [
or of this or any other state, charged with the administration
of any law whose purposes are reasonably related to the purposes of this chapter
] 
this state, or
another state
.
(b) As a part of an agreement entered into under Subsection (3)(a), the [
division
]
department
 may accept money, services, or [
quarters
] 
facilities
 as a contribution to the
maintenance of the state system of public employment offices or as reimbursement for services
performed.
Section 15. Section 
35A-3-201
 is amended to read:
Part 2. Office of Child Care
35A-3-201.
Definitions.
As used in this part:
(1) "Child care" means the 
child care
 services [
referred to
] 
defined
 in [
Subsection
]
Section
35A-3-102
[
(4) provided
] for:
(a) children [
through
] age 12 
or younger
; and
(b) children with disabilities [
through
] age 18 
or younger
.
(2) "Child care provider association" means an association:
(a) that has functioned as a child care provider association in the state for at least three
years; and
(b) is affiliated with a national child care provider association.
(3) "Committee" means the Child Care Advisory Committee created in Section
35A-3-205
.
(4) "Director" means the director of the Office of Child Care.
(5) "Office" means the Office of Child Care created in Section 
35A-3-202
.
Section 16. Section 
35A-3-202
 is amended to read:
35A-3-202.
Creation.
(1) There is created within the Department of Workforce Services an Office of Child
Care.
(2) The office shall be administered by a director who shall be appointed by the
executive director and 
who
 may be removed from that position at the will of the executive
director.
Section 17. Section 
35A-3-203
 is amended to read:
35A-3-203.
Functions and duties of office -- Annual report.
The office shall:
(1) assess critical child care needs throughout the state on an ongoing basis and focus
its activities on helping to meet the most critical needs;
(2) provide child care subsidy services for income-eligible children through age 12 and
for income-eligible children with disabilities through age 18;
(3) provide information:
(a) to employers for the development of options for child care in the work place; and
(b) for educating the public in obtaining quality child care;
(4) coordinate services for quality child care training and child care resource and
referral core services;
(5) apply for, accept, or expend gifts or donations from public or private sources;
(6) provide administrative support services to the committee;
(7) work collaboratively with the following for the delivery of quality child care and
early childhood programs, and school age programs throughout the state:
(a) the State Board of Education; and
(b) the Department of Health;
(8) research child care programs and public policy [
that will
] 
to
 improve 
the
 quality
and accessibility [
and that will further the purposes of the office and
] 
of
 child care, early
childhood programs, and school age programs 
in the state
;
(9) provide planning and technical assistance for the development and implementation
of programs in communities that lack child care, early childhood programs, and school age
programs;
(10) provide organizational support for the establishment of nonprofit organizations
approved by the Child Care Advisory Committee, created in Section 
35A-3-205
; and
(11) coordinate with the department to include in the annual written report described in
Section 
35A-1-109
 information regarding the status of child care in Utah.
Section 18. Section 
35A-3-204
 is amended to read:
35A-3-204.
Duties of director.
The director shall:
(1) enforce rules made by the department regulating the use of services provided by the
office;
(2) supervise office staff and prepare an annual work plan; and
(3) apply for, accept, and expend [
gifts or
] donations from public or private sources to
assist the office in fulfilling its statutory obligations.
Section 19. Section 
35A-3-205
 is amended to read:
35A-3-205.
Creation of committee.
(1) There is created a Child Care Advisory Committee.
(2) The committee shall counsel and advise the office in fulfilling its statutory
obligations [
to include
]
, including
:
(a) [
a review of and recommendations
] 
reviewing and providing recommendations
 on
the office's annual budget;
(b) 
providing
 recommendations on how the office might best respond to child care
needs throughout the state; and
(c) 
providing
 recommendations on the use of [
new
] 
money in the Child Care Fund and
other
 money that comes into the office[
, including those for the Child Care Fund
].
(3) The committee is composed of the following members, with special attention given
to insure diversity and representation from both urban and rural groups:
(a) one expert in early childhood development;
(b) one child care provider who operates a center;
(c) one child care provider who operates a family child care business;
(d) one parent who is representative of households receiving a child care subsidy from
the office;
(e) one representative from the public at-large;
(f) one representative of the State Office of Education;
(g) one representative of the Department of Health;
(h) one representative of the Department of Human Services;
(i) two representatives from the corporate community, one who is a recent "Family
Friendly" award winner and who received the award because of efforts [
in the
] 
related to
 child
care [
arena
];
(j) two representatives from the small business community;
(k) one representative from child care advocacy groups;
(l) one representative of children with disabilities;
(m) one representative from the state Head Start Association appointed by the
association;
(n) one representative from each child care provider association; and
(o) one representative of a child care resource and referral center appointed by the
organization representing child care resource and referral agencies.
(4) (a) The executive director shall appoint the members designated in Subsections
(3)(a) through (e) and (j) through (n).
(b) The head of the respective departments shall appoint the members referred to in
Subsections (3)(f) through (i).
(c) Each child care provider association shall appoint its respective member referred to
in Subsection (3)(o).
(5) (a) Except as required by Subsection (5)(b), as terms of current committee members
expire, the appointing authority shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
terms of committee members are staggered so that approximately half of the committee is
appointed every two years.
(6) When a vacancy occurs in the membership for any reason, including missing three
consecutive meetings where the member has not been excused by the chair prior to or during
the meeting, the replacement shall be appointed for the unexpired term.
(7) A majority of the members constitutes a quorum for the transaction of business.
(8) (a) The executive director shall select a chair from the committee membership.
(b) A chair may serve no more than two one-year terms as chair.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses [
in accordance with
] 
as allowed in
:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance [
pursuant
] 
according
 to Sections 
63A-3-106
and 
63A-3-107
.
Section 20. Section 
35A-3-206
 is amended to read:
35A-3-206.
Child Care Fund -- Use of money -- Committee and director duties --
Restrictions.
(1) There is created an expendable special revenue fund known as the "Child Care
Fund."
(2) The director of the office shall administer the fund under the direction of the
committee.
(3) (a) The office may form nonprofit corporations or foundations controlled by the
director of the office and the committee to aid and assist the office in attaining its charitable,
research, and educational objectives.
(b) The nonprofit corporations or foundations may receive and administer legislative
appropriations, government grants, contracts, and private gifts to carry out their public
purposes.
(c) Money collected by [
the
] 
a
 nonprofit corporation or foundation 
described in this
Subsection (3)
 may be deposited in the Child Care Fund.
(d) A nonprofit foundation controlled by the director of the office and the committee
shall submit to the Division of Finance, within 60 days after the close of the foundation's fiscal
year, a financial report summarizing the foundation's financial position and results of
operations of the most recent fiscal year.
(4) (a) [
There shall
] 
Money may
 be deposited into the fund [
money
] from [
numerous
] 
a
variety of
 sources, including[
,
] grants, private foundations, and individual donors.
(b) The fund shall be used to accept money designated for child care initiatives
[
improving
] 
that will improve
 the quality, affordability, or accessibility of child care.
(5) The money in the fund that is not restricted to a specific use under federal law or by
donors may not be expended without approval of the committee.
(6) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
State Money Management Act, except that all interest or other earnings derived from 
money in
the fund [
money
] shall be deposited in the fund.
(7) The money in the fund may not be used for administrative expenses of the office
[
normally
] provided for by legislative appropriation.
(8) The committee shall:
(a) advise the director of the office on child care needs in the state and on relevant
operational aspects of any grant, loan, or revenue collection program established under this
part;
(b) recommend specific child care projects to the director of the office;
(c) recommend policy and procedures for administering the fund;
(d) make recommendations on grants, loans, or contracts from the fund for any of the
child care activities authorized under this part;
(e) establish the criteria by which loans and grants will be made;
(f) determine the order in which approved child care projects will be funded;
(g) make recommendations regarding the distribution of money from the fund in
accordance with the procedures, conditions, and restrictions placed [
upon
] 
on
 the money by the
donors; and
(h) have joint responsibility with the office to solicit public and private funding for the
fund.
(9) Fund money shall be used for [
any of
] the following activities:
(a) training of child care providers;
(b) scholarships and grants for child care providers' professional development;
(c) child care public awareness and consumer education services;
(d) child care provider recruitment;
(e) Office of Child Care sponsored activities;
(f) matching money for obtaining grants; or
(g) other activities that will assist in the improvement of child care quality,
affordability, or accessibility.
(10) The director of the office, with the consent of the committee and the executive
director, may grant, lend, or contract [
fund
] money 
from the fund
 for child care purposes to:
(a) local governments;
(b) nonprofit community, charitable, or neighborhood-based organizations;
(c) regional or statewide nonprofit organizations; or
(d) child care providers.
(11) Preference may be given
,
 but awards may not be limited to [
applicants for fund
money
]
, entities that apply for money from the fund and
 that demonstrate [
any of
] the
following:
(a) programmatic or financial need;
(b) diversity of [
clientele
] 
beneficiaries
 or geographic location; [
and
] 
or
(c) coordination with or enhancement of existing services.
(12) The executive director or the executive director's designee shall monitor 
on an
annual basis
 the activities of the [
recipients of
] 
entities that receive
 grants, loans, or contracts
issued from the fund [
on an annual basis
] to ensure compliance with the terms and conditions
imposed on the [
recipient
] 
entities
 by the fund.
(13) [
The entities receiving grants, loans, or contracts
] 
Each entity receiving a grant,
loan, or contract
 shall provide the director of the office with an annual accounting of how the
money [
they
] 
the entity
 received from the fund has been spent.
(14) (a) The director of the office shall make an annual report to the committee
regarding the status of the fund and the programs and services funded by the fund.
(b) The report shall be included in the annual written report described in Section
35A-1-109
.
Section 21. Section 
35A-3-207
 is amended to read:
35A-3-207.
Community-based prevention programs.
(1) As used in this section:
(a) "political subdivision" means a town, city, county, or school district;
(b) "qualified sponsor" means a:
(i) political subdivision;
(ii) community nonprofit, religious, or charitable organization;
(iii) regional or statewide nonprofit organization; or
(iv) private for profit or nonprofit child care organization with experience and expertise
in operating community-based prevention programs described in Subsection (2) and that are
licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities.
(2) Within appropriations from the Legislature, the department may provide grants to
qualified sponsors for community-based prevention programs that:
(a) support parents in their primary care giving role to children;
(b) provide positive alternatives to idleness for school-aged children when school is not
in session; and
(c) support other community-based prevention programs.
(3) In awarding [
grants
] 
a grant
 under this section, the department shall:
(a) request proposals for funding from potential qualified sponsors; and
[
(b) comply with the requirements of Subsection (4).
]
[
(4) In awarding these grants, the department shall
]
(b)
 ensure that each dollar of funds from political subdivisions or private funds is
matched for each dollar received from the department. [
The
]
(4) In meeting the matching requirements under Subsection (3), the department may
consider the
 value of in-kind contributions [
such as
]
, including
 materials, supplies, paid labor,
volunteer labor, and the incremental increase in building maintenance and operation expenses
incurred attributable to the prevention program [
may be considered in meeting this match
requirement
].
(5) In awarding a grant under this section, the department shall consider:
(a) the cash portion of the proposed match in relation to the financial resources of the
qualified sponsor; and
(b) the extent to which the qualified sponsor has:
(i) consulted and collaborated with parents of children who are likely to participate,
local parent-teacher organizations, and other parent organizations;
(ii) identified at
-
risk factors that will be [
ameliorated
] 
addressed
 through the proposed
prevention program;
(iii) identified protective factors and developmental assets that will be supported and
strengthened through the proposed prevention program; and
(iv) 
encouraged
 the financial support of parents and the organizations [
specified
]
described
 in Subsection (5)(b)(i).
(6) [
At
] 
The department shall award at
 least [
percent
] 
50%
 of the grants [
awarded
]
under this section [
shall be awarded
] to organizations described in Subsection (1)(b)(iv).
(7) [
No federal funds shall be used
] 
The department may not allow the use of federal
funds
 as matching funds under this act.
Section 22. Section 
35A-3-301
 is amended to read:
Part 3. Family Employment Program
35A-3-301.
Purpose -- Legislative findings.
(1) The Legislature finds that:
(a) [
it is in the public interest to fundamentally alter the state's cash assistance program
for needy families with children; (b)
] employment improves the quality of life for parents,
children, and individuals by increasing family income, developing job skills, and improving
self-esteem; and
[
(c)
] 
(b)
 the purpose of the cash assistance provided under this part is to assist a parent
[
client
] 
recipient
 to obtain employment that is sufficient to sustain a family, to ensure the
dignity of those receiving assistance, and to strengthen families.
(2) The Legislature recognizes that even with assistance, some [
clients
] 
recipients
 may
be unable to attain complete self-sufficiency.
Section 23. Section 
35A-3-302
 is amended to read:
35A-3-302.
Eligibility requirements.
(1) [
The program of
] 
There is created the "Family Employment Program" to provide
cash assistance [
provided
] under this part [
is known as the Family Employment Program
].
(2) (a) The [
division
] 
department
 shall submit a state plan to the Secretary of the
United States Department of Health and Human Services to obtain [
federal
] funding under the
federal
 Temporary Assistance for Needy Families Block Grant.
(b) The [
division
] 
department
 shall make the 
state
 plan consistent with this part and
federal law.
(c) If a discrepancy [
arises
] 
exists
 between a provision of the state plan and this part,
this part supersedes the provision in the state plan.
(3) The services [
and supports
] 
provided
 under this part are for both one-parent and
two-parent families.
(4) To be eligible for cash assistance under this part, a family shall:
(a) have at least one minor dependent child; or
(b) have a parent who is in the third trimester of a pregnancy.
(5) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 department shall make rules for eligibility and the amount of cash assistance a family
is eligible to receive under this part based on:
(a) family size;
(b) family income;
(c) income disregards;
(d) other relevant factors; and
(e) if the applicant has met the eligibility requirements under Subsections (5)(a)
through (d), the assessment and other requirements described in Sections 
35A-3-304
 and
35A-3-304.5
.
(6) [
The division shall disregard
] 
To determine eligibility, the department may not
consider
 money on deposit in an Individual Development Account established under Section
35A-3-312
 [
in determining eligibility
].
(7) The department shall provide for an appeal of a determination of eligibility in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(8) (a) The department shall make a report to either the Legislature's Executive
Appropriations Committee or the Social Services Appropriations Subcommittee on any
proposed rule change made under Subsection (5) that would modify the
:
(i)
 eligibility requirements 
for cash assistance;
 or
(ii)
 [
the
] amount of cash assistance a family [
would be
] 
is
 eligible to receive.
(b) The department shall submit the report 
under Subsection (8)(a)
 prior to
implementing the proposed rule change [
and the
]
.
(c) The
 report 
under Subsection (8)(a)
 shall include:
(i) a description of the department's current practice or policy that it is proposing to
change;
(ii) an explanation of why the department is proposing the change;
(iii) the effect of an increase or decrease in cash benefits on families; and
(iv) the fiscal impact of the proposed change.
[
(c)
] 
(d)
 The department may use the Notice of Proposed Rule Amendment form filed
with the Division of Administrative Rules as its report if the notice contains the information
required under Subsection (8)[
(b)
]
(c)
.
(9) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 department shall make rules to ensure that:
(a) a recipient of assistance from the Family Employment Program:
(i) has adequate access to the assistance;
(ii) has the ability to use and withdraw assistance with minimal fees or surcharges,
including the opportunity to obtain assistance with no fees or surcharges;
(iii) is provided information regarding fees and surcharges that may apply to assistance
accessed through an electronic fund transaction; and
(iv) is provided information explaining the restrictions on accessing assistance
described in Subsection (10); and
(b) information regarding fees and surcharges that may apply when accessing
assistance from the Family Employment Program through an electronic fund transaction is
available to the public.
(10) An individual receiving assistance under this section may not access the assistance
through an electronic benefit transfer, including through an automated teller machine or
point-of-sale device, in an establishment in the state that:
(a) exclusively or primarily sells intoxicating liquor;
(b) allows gambling or gaming; or
(c) provides adult-oriented entertainment where performers disrobe or perform
unclothed.
(11) An establishment [
in the state
] 
described under Subsection (10)(a), (b), or (c)
 may
not allow an individual to access the assistance [
described in
] 
under
 this section on the
establishment's premises through an electronic benefit transfer, including through an automated
teller machine or point-of-sale device[
, if the establishment: (a) exclusively or primarily sells
intoxicating liquor; (b) allows gambling or gaming; or (c) provides adult-oriented
entertainment where performers disrobe or perform unclothed
].
(12) In accordance with federal requirements[
,
] 
and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
 the department shall make rules to prevent
individuals from accessing assistance in a manner prohibited by Subsections (10) and (11),
which rules may include enforcement provisions that impose sanctions that temporarily or
permanently disqualify an individual from receiving assistance.
[
(13) When exercising rulemaking authority under this part, the department shall
comply with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
]
Section 24. Section 
35A-3-303
 is amended to read:
35A-3-303.
Diversion.
(1) (a) When an applicant applies for cash assistance 
under this part
, the [
division
]
department
 shall assess whether the applicant should be [
diverted from receiving extended cash
assistance.
] 
helped by:
(i) diversion to avoid extended cash assistance; or
(ii) normal cash assistance under this part.
(b)
 In completing the assessment[
, the division shall
] 
under this section, the department
may
 consider the following:
(i) the applicant's employment history;
(ii) the likelihood of the applicant obtaining immediate full-time employment;
(iii) the applicant's general prospect for obtaining full-time employment;
(iv) the applicant's need for cash assistance to pay for housing or substantial and
unforeseen expenses or work-related expenses;
(v) housing stability; and
(vi) the adequacy of the applicant's child care arrangements, if applicable.
[
(b) A finding by the division with regard to eligibility for diversion shall primarily
consider whether, but for the diversion assistance received under this section, the applicant
would receive extended cash assistance.
]
(2) If the [
division
] 
department
 determines that the applicant [
is eligible for
] 
should be
helped by
 diversion [
assistance
] and the applicant agrees with this determination, the [
division
]
department
 shall provide a single payment of cash assistance up to three times the maximum
monthly amount of cash assistance that the applicant would be otherwise qualified to receive
based on household size.
(3) [
When
] 
If the department determines that
 diversion is not appropriate, an applicant
may receive cash assistance as [
otherwise
] provided in this part.
Section 25. Section 
35A-3-304
 is amended to read:
35A-3-304.
Assessment -- Participation requirements and limitations --
Employment plan -- Mentors.
(1) (a) Within [
] 
 business days of the date of enrollment, 
the department shall
provide that
 a parent [
client shall
] 
recipient
:
(i) [
be
] 
is
 assigned an employment counselor; and
(ii) [
complete
] 
completes
 an assessment provided by the [
division
] 
department
regarding the parent [
client's
] 
recipient's
:
[
(A) family circumstances;
]
[
(B) education;
]
[
(C) work history;
]
[
(D) skills;
]
[
(E) ability to become self-sufficient; and
]
(A) prior work experience;
(B) ability to become employable;
(C) skills; and
[
(F)
] 
(D)
 likelihood of a substance use disorder involving the misuse of a controlled
substance.
(b) The assessment provided under Subsection (1)(a)(ii) shall include:
(i) a survey to be completed by the parent [
client
] 
recipient
 with the assistance of the
[
division
] 
department
; and
(ii) a written questionnaire to be completed by the parent [
client
] 
recipient
 designed to
accurately determine the likelihood of the parent [
client
] 
recipient
 having a substance use
disorder involving the misuse of a controlled substance.
(c) In addition to the other requirements of this part, if the results of the written
questionnaire taken by a parent [
client
] 
recipient
 indicate a reasonable likelihood that the parent
[
client
] 
recipient
 has a substance use disorder involving the misuse of a controlled substance,
the parent [
client
] 
recipient
 may only receive cash assistance provided under this part in
accordance with the additional requirements of Section 
35A-3-304.5
.
(2) (a) Within 15 business days of a parent [
client
] 
recipient
 completing an assessment,
the [
division
] 
department
 and the parent [
client
] 
recipient
 shall enter into an employment plan.
(b) The employment plan shall have a target date for entry into employment.
(c) The [
division
] 
department
 shall provide a copy of the employment plan to the
parent [
client
] 
recipient
.
(d) [
As to
] 
For
 the parent [
client, the
] 
recipient, the employment
 plan may include:
(i) job searching requirements;
(ii) if the parent [
client
] 
recipient
 does not have a high school diploma, participation in
an educational program to obtain a high school diploma, or its equivalent;
(iii) education or training necessary to obtain employment;
(iv) a combination of work and education or training; 
and
(v) assisting the Office of Recovery Services in good faith to:
(A) establish the paternity of a minor child; and
(B) establish or enforce a child support order.
(e) If the parent [
client
] 
recipient
 tests positive for the unlawful use of a controlled
substance after taking a drug test under Section 
35A-3-304.5
, the employment plan shall
include an agreement by the parent [
client
] 
recipient
 to
:
(i)
 participate in treatment for a substance use disorder
;
 and
(ii)
 meet the other requirements of Section 
35A-3-304.5
.
(f) [
As to the division, the
] 
The department's responsibilities under the employment
plan may include:
(i) providing cash and other types of public and employment assistance, including child
care;
(ii) assisting the parent [
client
] 
recipient
 to obtain education or training necessary for
employment;
(iii) assisting the parent [
client
] 
recipient
 to set up and follow a household budget; and
(iv) assisting the parent [
client
] 
recipient
 to obtain employment.
(g) The [
division
] 
department
 may amend the employment plan to reflect new
information or changed circumstances.
(h) If immediate employment is an activity [
contained
] in the employment plan
,
 the
parent [
client
] 
recipient
 shall:
(i) promptly commence a search for 
employment for
 a specified number of hours each
week [
for employment
]; and
(ii) regularly submit a report to the [
division
] 
department
 on:
(A) how time was spent in search for a job;
(B) the number of job applications completed;
(C) the interviews attended;
(D) the offers of employment extended; and
(E) other related information required by the [
division
] 
department
.
(i) (i) If full-time education or training to secure employment is an activity [
contained
]
in an employment plan, the parent [
client
] 
recipient
 shall promptly undertake a full-time
education or training program.
(ii) The employment plan may describe courses, education or training goals, and
classroom hours.
(j) (i) [
As a condition of receiving
] 
The department may only provide
 cash assistance
under this part[
, a parent client shall agree
] 
if the parent recipient agrees in writing
 to make a
good faith effort to comply with the 
parent recipient's
 employment plan.
[
(ii) If a parent client consistently fails to show good faith in complying with the
employment plan, the division may seek under Subsection (2)(i)(iii) to terminate all or part of
the cash assistance services provided under this part.
]
[
(iii) The division shall establish a process to reconcile disputes between a client and
the division as to whether:
]
(ii) The department shall establish a process to reconcile disputes between a parent
recipient and the department as to whether:
(A) the parent [
client
] 
recipient
 has made a good faith effort to comply with the
employment plan; or
(B) the [
division
] 
department
 has complied with the employment plan.
(iii) If a parent recipient consistently fails to show good faith in complying with the
employment plan, the department may seek to terminate all or part of the cash assistance
services provided under this part.
(3) (a) Except as provided in Subsection (3)(b), a parent [
client's
] 
recipient's supported
participation in education or training beyond that required to obtain a high school diploma or
its equivalent is limited to the lesser of:
(i) 24 months; or
(ii) the completion of the education and training requirements of the employment plan.
(b) A parent [
client
] 
recipient
 may participate in education or training for up to six
months beyond the 24-month limit of Subsection (3)(a)(i) if:
(i) the parent [
client
] 
recipient
 is employed for 80 or more hours [
a
] 
per
 month; [
and
]
(ii) the extension is for good cause shown
;
 and
(iii) the extension is
 approved by the director 
or the director's designee
.
(c) A parent [
client
] 
recipient
 who receives an extension under Subsection (3)(b)
[
remains
] 
is
 subject to Subsection (4).
(4) (a) A parent [
client
] 
recipient
 with a high school diploma or equivalent who has
received 24 months of education or training shall participate in full-time work activities 
as
defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(b) The 24 months [
need not
] 
described in Subsection (4)(a) do not have to
 be
continuous[
 and the department may define "full-time work activities" by rule
].
(5) [
As a condition for receiving
] 
The department may only provide
 cash assistance on
behalf of a minor child under this part[
,
] 
if
 the minor child [
shall be
] 
is
:
(a) enrolled in and attending school in compliance with Sections 
53A-11-101.5
 and
53A-11-101.7
; or
(b) exempt from school attendance under Section 
53A-11-102
.
(6) This section does not apply to a person who has received diversion assistance under
Section 
35A-3-303
.
(7) (a) The [
division shall
] 
department may
 recruit and train volunteers to serve as
mentors for parent [
clients
] 
recipients
.
(b) A mentor may advocate on behalf of a parent [
client
] 
recipient
 and help a parent
[
client
] 
recipient
:
(i) develop life skills;
(ii) implement an employment plan; or
(iii) obtain services and [
supports
] 
support
 from:
(A) the volunteer mentor;
(B) the [
division
] 
department
; or
(C) civic organizations.
Section 26. Section 
35A-3-304.5
 is amended to read:
35A-3-304.5.
Drug testing requirements.
(1) If the results of a questionnaire described in Subsection 
35A-3-304
(1) indicate a
reasonable likelihood that [
a parent client
] 
an applicant
 may have a substance use disorder
involving the misuse of a controlled substance, the [
division
] 
department
 shall require the
[
parent client
] 
applicant
 to take a drug test at the [
division's
] 
department's
 expense in order to
continue to receive cash assistance under this part.
(2) If [
a parent client
] 
an applicant
 refuses to take a drug test required under Subsection
(1), the department shall terminate cash assistance under this part and the [
parent client
]
applicant
 may not reapply for cash assistance under this part for:
(a) 90 days after a first refusal to take a drug test [
within one year
]; or
(b) one year after a second refusal to take a drug test within one year.
(3) A drug test given under this section shall be administered with due regard to the
privacy and dignity of the person being tested.
(4) Before taking a drug test under this section, [
a parent client
] 
an applicant
 may
advise the person administering the test regarding any prescription or over-the-counter
medication the [
parent client
] 
applicant
 is taking.
(5) The result of a drug test given under this section is a private record in accordance
with Section 
63G-2-302
 and disclosure to a third party is prohibited except as provided under
Title 63G, Chapter 2, Government Records Access and Management Act.
(6) If [
a parent client
] 
an applicant
 tests negative for the unlawful use of a controlled
substance after taking a drug test under Subsection (1), the [
parent client remains
] 
applicant is
eligible for cash assistance, subject to the other eligibility requirements of this part.
(7) If [
a parent client
] 
an applicant
 tests positive for the unlawful use of a controlled
substance after taking a drug test under Subsection (1), the [
parent client
] 
applicant
:
(a) shall be given a list of approved substance use disorder treatment providers that are
available in the area in which the individual resides; and
(b) may continue to receive benefits if the [
parent client
] 
applicant
 enters into and
follows the requirements of [
an
] 
the applicant's
 employment plan, including:
(i) receiving treatment, at the [
division's
] 
department's
 expense, from an approved
substance use disorder treatment provider for at least 60 days;
(ii) testing negative for the unlawful use of a controlled substance:
(A) in each subsequent drug test required by [
division
] 
department
 rule during
treatment; and
(B) in an additional drug test given at the conclusion of treatment; and
(iii) meeting the other requirements of receiving cash assistance under this part.
(8) [
If a parent client
] 
(a) The department shall terminate cash assistance under this
part, if an applicant:
(i)
 declines to enter into an employment plan required by Subsection (7)[
, or if the
parent client
]
; or
(ii)
 enters into, but fails to meet, a requirement of an employment plan under
Subsection (7), including if the [
parent client
] 
applicant
 refuses to take a drug test required by
the employment plan or tests positive for the unlawful use of a controlled substance in a drug
test required by the employment plan[
, the department shall terminate cash assistance under
this part and the parent client
]
.
(b) An applicant whose cash assistance has been terminated under Subsection (8)(a)
may not reapply for cash assistance under this part for:
[
(a)
] 
(i)
 except as provided in Subsection (8)(b)
(ii)
, 90 days after the day on which the
department determines, under this Subsection (8), that the [
parent client
] 
applicant
 is no longer
eligible for cash assistance; or
[
(b)
] 
(ii)
 one year after the day on which the department determines, under this
Subsection (8), that the [
parent client
] 
applicant
 is no longer eligible for cash assistance, if the
department has previously determined on at least one other occasion in the past year that the
[
parent client
] 
applicant
 is no longer eligible for cash assistance under this Subsection (8).
Section 27. Section 
35A-3-306
 is amended to read:
35A-3-306.
Limits on eligibility -- Transitional cash assistance.
(1) [
For purposes of
] 
As used in
 this section, "battered or subjected to extreme cruelty"
has the same meaning as defined in
 [
is defined in Section 103(a)(1) of P.L. 104-193 or 42
U.S.C. Sec. 608(a)(7)(C)(iii),
] The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996
, 42 U.S.C. Sec. 608(a)(7)(C)(iii)
.
(2) Except as provided in Subsection (4), the [
division
] 
department
 may not provide
cash assistance to a family who has received cash assistance for 36 months or more.
(3) (a) The [
division
] 
department
 shall count toward the [
36-month
] time limit
described
 in Subsection (2) any time after January 1, 1997, during which:
(i) the parent [
client
] 
recipient
 received cash assistance in this or another state; and
(ii) the parent [
client
] 
recipient
 is disqualified from receiving cash assistance and the
parent [
client's
] 
recipient's
 income and assets are counted in determining eligibility for the
family in this or another state.
(b) [
(i) The division
] 
The department
 may not count toward the [
36-month
] time limit 
described
 in Subsection (2) or the [
24-month
] time period 
described
 in Subsection (4) any time
during which:
[
(A)
] 
(i)
 a person 18 years of age or older received cash assistance as a minor child and
not as a parent; or
[
(B)
] 
(ii)
 a parent [
client
] 
recipient
 received transitional [
support
] cash assistance 
under
Subsection (5)
.
[
(ii) Transitional support cash assistance:
]
[
(A) may be paid if the department determines the assistance is necessary to stabilize
employment and prevent recidivism;
]
[
(B) is only available to a parent client who was previously receiving cash assistance
under the Family Employment Program but who becomes ineligible due to earned or unearned
income; and
]
[
(C) may be granted for a maximum of three months provided the parent client is
employed an average of 30 hours per week during the transitional period.
]
(4) (a) [
For up to 24 months, the division
] 
The department
 may provide cash assistance
to a family 
for up to 24 months
 beyond the [
36-month
] time limit 
described
 in Subsection (2) if
during the previous two months[
,
] the parent [
client
] 
recipient
 was employed for [
no less than
]
at least
hours per week.
(b) [
For up to 20% of the average monthly number of families who receive cash
assistance under this part, the division
] 
Notwithstanding the time limit described in Subsection
(2), the department
 may provide cash assistance to a family beyond the [
36-month
] time limit
in Subsection (2):
(i) by reason of a hardship; [
or
]
(ii) if the family includes an individual who has been battered or subjected to extreme
cruelty[
.
]
; or
(iii) if a parent volunteers to fully participate in a department-approved employment
and training activity as prescribed by rules made by the department in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) [
For up to 20% of the average monthly number of families who receive cash
assistance under this part, the division
] 
Notwithstanding the time limit established in
Subsection (4)(a), the department
 may provide cash assistance to a family beyond the
additional [
24-month
] time period in Subsection (4)(a):
(i) by reason of a hardship; or
(ii) if the family includes an individual who has been battered or subjected to extreme
cruelty.
(d) The department may only provide the additional cash assistance described in
Subsections (4)(b) and (c) for up to 20% of the average monthly number of families who
receive cash assistance under this part.
[
(d)
] 
(e)
 Except as provided in Subsections (4)(b) and (c), the [
division
] 
department
may not provide cash assistance to a family who has received 60 months of cash assistance
after October 1, 1996.
(5) (a) The department may provide transitional cash assistance to a parent recipient:
(i) if the department determines the transitional cash assistance is necessary to stabilize
employment and prevent recidivism of a recipient;
(ii) who was previously receiving cash assistance under the Family Employment
Program but who becomes ineligible due to earned or unearned income; and
(iii) for a maximum of three months if the parent recipient is employed an average of
hours per week during the transitional period.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules for the provision of transitional cash assistance under this section.
Section 28. Section 
35A-3-307
 is amended to read:
35A-3-307.
Cash assistance to a single minor parent.
(1) The [
division
] 
department
 may provide cash assistance to a single minor parent in
accordance with this section.
(2) A single minor parent who receives cash assistance under this part shall:
(a) 
except as provided under Subsection (3),
 reside in a place of residence maintained
by a parent, legal guardian, or other adult relative of the single minor parent[
, except as
provided in Subsection (3)
];
(b) participate in education for parenting and life skills;
(c) participate in infant and child wellness programs [
operated by the Department of
Health
] 
approved by the department
; and
(d) for [
not less than
] 
at least
hours per week:
(i) [
attend high school or an alternative to high school,
] if the single minor parent does
not have a high school diploma
, attend high school or an alternative to high school
;
(ii) participate in education or training; or
(iii) participate in a combination of employment and education or training.
(3) (a) If the [
division
] 
department
 determines that the requirements of Subsection
(2)(a) are not appropriate for a single minor parent, the [
division
] 
department
 may assist the
single minor parent to obtain suitable living arrangements, including an adult-supervised living
arrangement.
(b) [
As a condition of receiving
] 
The department may only provide
 cash assistance[
,
] 
to
a single minor parent who is exempt from the requirements of Subsection (2)(a) [
shall reside
] 
if
the single minor parent resides
 in a living arrangement that is approved by the [
division
]
department
.
(c) The approval by the [
division
] 
department
 of a living arrangement under Subsection
(3)(b):
(i) is a means of safeguarding the use of state and federal funds; and
(ii) is not a certification or guarantee of the safety, quality, or condition of the living
arrangements of the single minor parent.
(4) (a) If a single minor parent resides with a parent, the [
division
] 
department
 shall
include the income of the parent of the single minor parent in determining the single minor
parent's eligibility for services [
and supports
] under this part.
(b) If a single minor parent receives services [
and supports
] under this chapter but does
not reside with a parent, the [
division
] 
department
 shall seek an order under Title 78B, Chapter
12, Utah Child Support Act, requiring the parent of the single minor parent to financially
support the single minor parent.
(5) The requirements of this section shall be included in a single minor parent's
employment plan under Section 
35A-3-304
.
Section 29. Section 
35A-3-308
 is amended to read:
35A-3-308.
Adoption services -- Printed information -- Supports provided.
(1) The [
division
] 
department
 may provide assistance under this section to [
a client
] 
an
applicant
 who is pregnant and is not receiving cash assistance [
no sooner than
] 
at
 the beginning
of the third trimester of pregnancy.
(2) For 
a
 pregnant [
clients
] 
applicant
, the [
division
] 
department
 shall:
(a) refer the [
client
] 
applicant
 for appropriate prenatal medical care, including maternal
health services provided under Title 26, Chapter 10, Family Health Services;
(b) inform the [
client
] 
applicant
 of free counseling about adoption from licensed child
placement agencies and licensed attorneys; and
(c) offer the [
client
] 
applicant
 the adoption information packet described in Subsection
(3).
(3) The department shall publish an adoption information packet that:
(a) is easy to understand;
(b) contains geographically indexed materials on the public and private organizations
that provide adoption assistance;
(c) lists the names, addresses, and telephone numbers of licensed child placement
agencies and licensed attorneys who place children for adoption;
(d) explains that private adoption is legal and that the law permits adoptive parents to
reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
pregnancy; and
(e) describes the services [
and supports
] available to the [
client
] 
applicant
 under this
section.
(4) (a) A [
client
] 
recipient
 remains eligible for assistance under this section, even
though the [
client
] 
recipient
 relinquishes a child for adoption, [
provided that
] 
if
 the adoption is
in accordance with Sections 
78B-6-120
 through 
78B-6-122
.
(b) The assistance provided under this section may include:
(i) reimbursement for expenses associated with care and confinement during pregnancy
as provided [
for
] in Subsection (5); and
(ii) for a maximum of 12 months from the date of relinquishment, coordination of
services to assist the [
client
] 
recipient
 in:
(A) receiving appropriate educational and occupational assessment and planning;
(B) enrolling in appropriate education or training programs, including high school
completion and adult education programs;
(C) enrolling in programs that provide assistance with job readiness, employment
counseling, finding employment, and work skills;
(D) finding suitable housing;
(E) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act,
if the [
client
] 
recipient
 is otherwise eligible; and
(F) receiving counseling and other mental health services.
(5) (a) Except as provided in Subsection (5)(b), a [
client
] 
recipient under this section
 is
eligible to receive an amount equal to the maximum monthly amount of cash assistance paid
under this part
 to one person for up to 12 consecutive months from the date of relinquishment.
(b) If a [
client
] 
recipient
 is otherwise eligible to receive cash assistance under this part,
the [
client
] 
recipient
 is eligible to receive an amount equal to the increase in cash assistance the
[
client
] 
recipient
 would have received but for the relinquishment for up to 12 consecutive
months from the date of relinquishment.
(6) (a) To [
be
] 
remain
 eligible for assistance under this section, a [
client
] 
recipient
shall:
(i) with the cooperation of the [
division
] 
department
, develop and implement an
employment plan [
containing
] 
that includes
 goals for achieving self-sufficiency and
[
describing
] 
that describes
 the action the [
client
] 
recipient
 will take concerning education and
training [
that will result in
] 
to achieve
 full-time employment;
(ii) if the [
client
] 
recipient
 does not have a high school diploma, enroll in high school
or an alternative to high school and demonstrate progress toward graduation; and
(iii) make a good faith effort to meet the goals of the employment plan as [
provided
]
described
 in Section 
35A-3-304
.
(b) Cash assistance provided to a [
client
] 
recipient
 before the [
client
] 
recipient
relinquishes a child for adoption is part of the state plan.
(c) Assistance provided under Subsection (5):
(i) shall be provided for with state funds; and
(ii) may not be [
tolled
] 
counted
 when determining subsequent eligibility for cash
assistance under this chapter.
(d) The time limit provisions of Section 
35A-3-306
 apply to cash assistance provided
under the state plan.
(e) The [
division
] 
department
 shall monitor a [
client's
] 
recipient's
 compliance with this
section.
(f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the
state plan.
Section 30. Section 
35A-3-309
 is amended to read:
35A-3-309.
Information regarding home ownership.
(1) The [
division
] 
department
 shall provide information and service coordination to
assist [
a client to obtain
] 
an applicant in obtaining
 affordable housing.
(2) The information and services may include:
(a) information from the Utah Housing Corporation and the Housing and Community
Development Division regarding special housing programs, including programs for first-time
home buyers and [
persons
] 
individuals
 with low and moderate incomes and the eligibility
requirements for those programs;
(b) referrals to programs operated by volunteers from the real estate industry that assist
[
clients
] 
applicants
 in obtaining affordable housing, including information on home ownership,
down payments, closing costs, and credit requirements; and
(c) referrals to housing programs operated by municipalities, counties, local housing
authorities, and nonprofit housing organizations that assist individuals [
to obtain
] 
in obtaining
affordable housing, including first-time home ownership.
Section 31. Section 
35A-3-310
 is amended to read:
35A-3-310.
Child care services -- Rules.
(1) [
A parent client
] 
An applicant
 may receive assistance for child care under this part
for a minor child in the care and custody of the parent [
client
] 
recipient
, unless the other parent
in a two-parent family:
(a) is capable of caring for the family's child;
(b) is not employed; and
(c) has not entered into an employment plan with the [
division
] 
department
.
(2) The [
division
] 
department
 shall encourage a parent [
client
] 
recipient
 to obtain child
care at no cost from a parent, sibling, relative, or other suitable provider.
(3) [
Within appropriations from the Legislature and in
] 
In
 accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing
eligibility for child care services for a minor child in the care and custody of a parent who does
not receive cash assistance under this part.
Section 32. Section 
35A-3-310.5
 is amended to read:
35A-3-310.5.
Child care providers -- Criminal background checks -- Payment of
costs -- Prohibitions -- Department rules.
(1) This section applies to a child care provider who:
(a) 
(i)
 is selected by [
an applicant for, or
] a recipient of[
,
] a child care assistance
payment; 
or
(ii) is a recipient of a child care assistance payment;
(b) is not required to undergo a criminal background check with the Department of
Health, Bureau of Child Care Licensing;
(c) is not a license exempt child care center or program; and
(d) is an eligible child care provider [
under
] 
in accordance with
 department rules made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) [
Each
] 
A
 child care provider identified under Subsection (1) shall submit to the
department the name and other identifying information, [
which shall include
] 
including
 a set of
fingerprints, of:
(i) existing, new, and proposed [
providers of
] 
individuals who provide or may provide
child care; and
(ii) individuals who are at least 18 years of age and reside in the premises where the
child care is provided.
(b) The department may waive the fingerprint requirement under Subsection (2)(a) for
an individual who has:
(i) resided in Utah for five years prior to the required submission; or
(ii) (A) previously submitted a set of fingerprints under this section for a national
criminal history record check; and
(B) resided in Utah continuously since submitting the fingerprints.
(c) The [
Utah Division of
] Criminal Investigation and Technical Services 
Division
created within the Department of Public Safety under Section 
53-10-103
 shall
:
(i)
 process and conduct background checks on all individuals as requested by the
department[
, including submitting the
]
; and
(ii) submit required
 fingerprints to the U.S. Federal Bureau of Investigation for a
national criminal history background check of the individual.
(d) If the department waives the fingerprint requirement under Subsection (2)(b), the
[
Utah Division of
] Criminal Investigation and Technical Services 
Division
 may allow the
department or its representative access to the [
division's
] 
Criminal Investigation and Technical
Services Division's
 [
data base
] 
database
 to determine whether the individual has been
convicted of a crime.
(e) The child care provider shall pay the cost of the history background check provided
under Subsection (2)(c).
(3) (a) [
Each
] 
A
 child care provider identified under Subsection (1) shall submit to the
department the name and other identifying information of an individual, age 12 through 17,
who resides in the premises where the child care is provided.
[
(b) The identifying information referred to in Subsection (3)(a) does not include
fingerprints.
]
[
(c)
] 
(b)
 The department or its representative shall access juvenile court records to
determine whether an individual described in Subsection (2) or (3)(a) has been adjudicated in
juvenile court of committing an act which, if committed by an adult, would be a felony or
misdemeanor if:
(i) the individual described in Subsection (2) is under the age of 28; or
(ii) the individual described in Subsection (2):
(A) is [
over the
] age [
of
] 28 
or older
; and
(B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
abeyance or diversion agreement for a felony or misdemeanor.
(4) Except as provided in Subsection (5), a child care provider under this section may
not permit an individual [
who has been convicted of, has pleaded no contest to, or is currently
subject to a plea in abeyance or diversion agreement for a felony or misdemeanor, or if
Subsection (3)(b) applies, an individual who has been adjudicated in juvenile court of
committing an act which if committed by an adult would be a felony or misdemeanor
]
described under Subsection (3)(b)
 to:
(a) provide subsidized child care; or
(b) reside at the premises where subsidized child care is provided.
(5) (a) The department may make [
a rule
] 
rules
 in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, to exempt the following from the restrictions of
Subsection (4):
(i) a specific misdemeanor;
(ii) a specific act adjudicated in juvenile court, which if committed by an adult would
be a misdemeanor; and
(iii) background checks of individuals other than the provider who are residing at the
premises where subsidized child care is provided if that child care is provided in the child's
home.
(b) In accordance with criteria established by [
rule
] 
department rules made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the executive
director or the director's designee may consider and exempt individual cases, not otherwise
exempt under Subsection (5)(a), from the restrictions of Subsection (4).
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall [
establish by rule
] 
make rules to determine
:
(a) whether a child care subsidy payment should be made prior to the completion of a
background check, particularly in the case of a delay in making or completing the background
check; and
(b) if, and how often, a child care provider shall resubmit the information required
under Subsections (2) and (3).
Section 33. Section 
35A-3-311
 is amended to read:
35A-3-311.
Cash assistance to noncitizen legal residents and drug dependent
persons.
(1) [
The division
] 
If barred from using federal funds under federal law, the department
may provide cash assistance to a legal resident who is not a citizen of the United States using
funds appropriated from the [
general fund if barred under federal law from using federal funds
]
General Fund
.
(2) (a) The State exercises the opt out provision in Section 115 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
(b) Consistent with Subsection (2)(a), the [
division
] 
department
 may provide cash
assistance and SNAP benefits to a person who has been convicted of a felony involving a
controlled substance, as defined in Section 
58-37-2
.
(c) As a condition for receiving cash assistance under this part, a drug dependant
person, as defined in Section 
58-37-2
, shall:
(i) receive available treatment for the dependency; and
(ii) make progress toward overcoming the dependency.
(d) The department may only refer [
a client
] 
a recipient
 who is a drug dependent person
to a treatment provider [
that
] 
for treating drug dependency if the provider
 has achieved an
objective level of success, as defined by department [
rule, in treating drug dependency
] 
rules
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 34. Section 
35A-3-312
 is amended to read:
35A-3-312.
Individual development accounts.
(1) As used in this section:
(a) "Individual development account" means a trust account funded through periodic
contributions by a [
client
] 
recipient
 and matched by or through a not-for-profit organization
organized under Section 501(c)(3), Internal Revenue Code.
(b) "Qualified acquisition costs" means the costs of acquiring, constructing, or
reconstructing a residence, including settlement and closing costs.
(c) "Qualified businesses capitalization expenses" means expenditures for capital,
plant, equipment, working capital, and inventory.
(2) An individual development account may be established by or on behalf of a [
client
]
recipient
 to enable [
a client
] 
the recipient
 to accumulate funds for the following purposes:
(a) postsecondary educational expenses [
after leaving cash assistance
], including
tuition, fees, books, supplies, and transportation costs, if
:
(i) the recipient has terminated cash assistance under this chapter; and
(ii) the expenses are
 paid from the individual development account directly to an
educational institution that the [
parent client
] 
recipient
 is attending as part of an employment
plan;
(b) qualified acquisition costs associated with a first-time home purchase if paid from
the individual development account directly to a person to whom the amount is due;
(c) amounts paid from an individual development account directly to a business
capitalization account that is established in a federally insured financial institution and used
solely for qualified business capitalization expenses; or
(d) the purchase of assistive technologies, vehicle modifications, or home
improvements [
that will
] 
to
 allow a [
client
] 
recipient
 with a disability to participate in
work-related activities.
(3) A [
client
] 
recipient
 may only deposit earned income and funds received from a
not-for-profit organization into an individual development account.
Section 35. Section 
35A-3-313
 is amended to read:
35A-3-313.
Performance goals.
[
(1) As used in this section:
]
[
(a) "Performance goals" means a target level of performance or an expected level of
performance against which actual performance is compared.
]
[
(b) "Performance indicators" means actual performance information regarding a
program or activity.
]
[
(c) "Performance monitoring system" means a process to regularly collect and analyze
performance information including performance indicators and performance goals.
]
[
(2) (a)
] 
(1)
 The department shall establish a performance monitoring system for cash
assistance provided under this part.
[
(b)
] 
(2)
 The department shall establish the performance indicators and performance
goals that will be used in the performance monitoring system for cash assistance under this
part.
[
(c) (i)
] 
(3) (a)
 The department shall include in the annual written report described in
Section 
35A-1-109
, a description of the difference between actual performance and
performance goals for the second, third, and fourth quarters of the prior fiscal year and the first
quarter of the current fiscal year.
[
(ii) (A)
] 
(b) (i)
 The legislative fiscal analyst or the analyst's designee shall convey the
information described in Subsection [
(2)(c)(i)
] 
(3)(a)
 to the appropriation subcommittee that
has oversight responsibilities for the Department of Workforce Services during the general
session 
of the Legislature
 that follows the submission of the report.
[
(B)
] 
(ii)
 The subcommittee may consider the information in its deliberations regarding
the budget for services [
and supports
] under this chapter.
Section 36. Section 
35A-3-401
 is amended to read:
Part 4. General Assistance
35A-3-401.
General Assistance.
(1) (a) 
The department may provide
 General Assistance [
may be provided
] to
individuals who are
:
(i)
 not receiving cash assistance under Part 3, Family Employment Program, or
Supplemental Security Income[
,
]
;
 and [
who are
]
(ii)
 unemployable according to standards established by the department.
(b) (i) General Assistance [
may be provided by
] 
described in Subsection (1)(a) may
include
 payment in cash or in kind.
(ii) The [
office
] 
department
 may provide 
General Assistance up to
 an amount [
less
]
that is no more
 than the existing payment level for an otherwise similarly situated [
client of
]
recipient receiving
 cash assistance under Part 3, Family Employment Program.
(c) The [
office
] 
department
 shall establish asset limitations for 
a
 General Assistance
[
clients
] 
applicant
.
(d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
applicant for the federal Supplemental Security Income [
program
] 
for the Aged, Blind, and
Disabled program provided under 20 C.F.R. Sec. 416
, if the applicant agrees to reimburse the
[
division
] 
department
 for assistance advanced while awaiting the determination of eligibility by
the Social Security Administration.
(ii) General Assistance payments may not be made to a [
current client of
] 
recipient
currently receiving:
(A)
 cash assistance
;
 or
(B)
 Supplemental Security Income 
for the Aged, Blind, and Disabled
.
(e) (i) General Assistance may be used for the reasonable cost of burial for a [
client,
]
recipient
 if heirs or relatives are not financially able to assume this expense.
(ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed[
,
]
Section 
53B-17-301
 applies.
(iii) The department shall fix the cost of a reasonable burial and conditions under
which burial expenditures may be made.
(2) The [
division
] 
department
 may cooperate with any governmental unit or agency, or
any private nonprofit agency
,
 in establishing work projects to provide employment for
employable persons.
Section 37. Section 
35A-3-402
 is amended to read:
35A-3-402.
Calculation of General Assistance grants.
[
Grants
] 
The department shall provide grants
 for General Assistance [
made pursuant to
]
under
 Section 
35A-3-401
[
, to the extent that those payments are made
] on an ongoing basis for
[
persons
] 
individuals
 who are unemployable[
, shall be
]:
(1) within amounts appropriated by the Legislature; and
(2) calculated in a manner [
analogous to that
] 
substantially similar to cash assistance as
provided in Section 
35A-3-302
.
Section 38. Section 
35A-3-502
 is amended to read:
35A-3-502.
Definitions of social capital.
(1)
 As used in this part[
:
]
, "social capital" means the value provided to the state by a
civic organization, including values, cooperation, strength to families and neighborhoods, and
ensuring livable communities and nurturing environments.
[
(1) "Civic organization" includes community service clubs and organizations,
charitable health care and service organizations, fraternal organizations, labor unions, minority
and ethnic organizations, commercial and industrial organizations, commerce and business
clubs, private nonprofit organizations, private nonprofit corporations that provide funding to
community service organizations, organizations that advocate or provide for the needs of
persons with low incomes, religious organizations, and organizations that foster strong
neighborhoods and communities.
]
[
(2) "Diversion payment" means a lump sum cash payment provided to a client in lieu
of regular monthly cash assistance.
]
[
(3) "Performance monitoring system" means a process to regularly collect and analyze
performance information, including performance indicators and performance goals.
]
[
(a) "Performance goals" means a target level of performance or an expected level of
performance against which actual performance is measured.
]
[
(b) "Performance indicators" means actual performance information regarding a
program or activity.
]
(2) Social capital links society together by:
(a) creating opportunities for service and giving;
(b) facilitating trust and cooperation; and
(c) enhancing investments in physical and human capital.
Section 39. Section 
35A-3-503
 is amended to read:
35A-3-503.
Purpose -- Limitations.
[
(1) The Legislature finds that public policy should promote and encourage a strong
civic sector. Civic organizations have an important role that cannot be adequately addressed
through either private or public sector action. Important public values such as the condition of
our neighborhoods, the character of our children, and the renewal of our cities directly depend
on the strength of families, neighborhoods, and grassroots community organizations, as well as
the vitality of private and religious institutions that care for those in need. Civic organizations
transmit values between generations, encourage cooperation between citizens, and ensure that
our communities are livable and nurturing environments. The value provided to the state by
civic organizations is called social capital.
]
[
(2) The purpose of this part is to promote the availability of social capital.
]
(1)
 Using social capital, [
clients of and applicants
] 
an applicant
 for services under this
chapter may receive a wide array of services [
and supports
] that cannot be provided by state
government alone. [
Social capital links all parts of our society together by creating
opportunities for service and giving. It facilitates trust and cooperation and enhances
investments in physical and human capital.
]
[
(3) In enacting this part, the
] 
(2) The
 Legislature recognizes
:
(a)
 the constitutional limits of state government to sustain civic institutions that
provide social capital[
. While state government has always depended on these institutions, it
]
;
(b) that the state
 does not create [
them
] nor can it replace [
them. This part recognizes
]
civic institutions; and
(c)
 that state government [
shall
] 
should
 respect, recognize, and, wherever possible,
constitutionally encourage strong civic institutions that sustain a sense of community [
and
humanize our lives
].
Section 40. Section 
35A-3-504
 is amended to read:
35A-3-504.
Relationship of civic and state services.
(1) (a) Services and supports provided by a civic organization under this part are in
addition to, and not in lieu of, any service [
or support
] provided by the [
division to a client
]
department to a recipient
.
(b) Receipt of services from a civic organization may not diminish a [
person's
]
recipient's
 eligibility for services [
or supports
] from the [
division
] 
department
.
(2) [
A person
] 
An applicant or recipient
 is under no obligation to receive services from
a civic organization.
(3) A civic organization is under no obligation to provide services to a person, except
as provided in a contract between the organization and the [
division pursuant to
] 
department
under
 Section 
35A-3-507
.
Section 41. Section 
35A-3-505
 is amended to read:
35A-3-505.
Application -- Referral to civic organizations.
(1) The [
division
] 
department:
(a)
 shall[
, in compliance with Section 
35A-3-504
,
] assess whether an applicant [
would
be
] 
is
 receptive to and 
would
 benefit [
by services from
] 
from a service provided by
 a civic
organization[
. If so, the division
]
; and
(b)
 may inform the applicant of the availability of [
those services and supports
]
services provided by civic organizations
.
(2) (a) If an applicant chooses to receive [
those
] services [
and supports
] from a civic
organization, the [
division
] 
department
 shall facilitate the applicant's referral to one or more
appropriate civic organizations.
(b) If an applicant chooses not to receive the services [
and supports
] of a civic
organization or requests services [
and supports
] available under this chapter in addition to the
services [
and supports
] of a civic organization, the [
division
] 
department
 shall process the
application as provided under this chapter.
Section 42. Section 
35A-3-506
 is amended to read:
35A-3-506.
Diversion payment -- Referral to civic organizations.
[
When a client
] 
If a recipient
 receives a diversion payment under Section 
35A-3-303
,
the [
division
] 
department:
(1)
 shall assess whether the [
client would benefit from
] 
recipient is receptive to and
would benefit from
 services [
and supports
] from a civic organization[
. If so, the division
]
; and
(2)
 may inform the [
client
] 
recipient
 of the services [
and supports
] that civic
organizations provide.
Section 43. Section 
35A-3-507
 is amended to read:
35A-3-507.
Request for proposals from civic organizations -- Contract
requirements.
(1) (a) [
Before October 1, 1997, the director shall
] 
The director or the director's
designee may
 issue a request for proposals[
. Interested
] 
to
 civic organizations [
may submit
proposals
] for the purpose of contracting with the [
division
] 
department
 for the provision of
social capital.
(b) [
In cooperation with the coalition described in Section 
35A-3-510
,
] 
In accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 the department shall establish
by rule:
(i) specifications for proposals;
(ii) deadlines for submissions;
(iii) contents of proposals;
(iv) the criteria upon which proposals will be accepted; and
(v) the amount of available funding.
(2) Within appropriations from the Legislature
,
 the director may enter into[
 one or more
contracts with civic organizations
] 
a contract with a civic organization
, which shall [
at least
]
include:
(a) the funding, if any, to be provided to the civic organization by the [
division
]
department
;
(b) the geographical boundary within which the civic organization is to provide
services [
and supports
] to individuals referred by the [
division
] 
department
;
(c) a description of the services [
and supports
] to be provided by the civic organization
to [
clients
] 
an applicant or recipient
;
(d) the performance monitoring system to be used by the civic organization to evaluate
the [
effects
] 
effectiveness
 of the services [
and supports
] that it provides; and
(e) other provisions [
as
] 
that
 the [
division
] 
department
 and civic organization consider
appropriate.
(3) (a) A contract between the [
division
] 
department
 and a civic organization under this
section is for a defined period of time and a fixed funding amount.
(b) If a contract provides public funds, the civic organization [
will be
] 
is
 required to
comply with all applicable state and federal law with respect to those funds, [
which may
include
] 
including any
 audit, recordkeeping, and financial accounting requirements.
(4) The services [
and supports
] provided by civic organizations under this section do
not include eligibility determinations, cash assistance, [
food coupons
] 
SNAP benefits
, or
quality assurance related to these functions.
Section 44. Section 
35A-3-508
 is amended to read:
35A-3-508.
Inventory of civic organizations.
(1) [
To enable the division to refer a client or applicant to an appropriate civic
organization under this part, the division
] 
The department
, in cooperation with the coalition
described in Section 
35A-3-510
, shall complete a statewide inventory of 
interested
 civic
organizations[
. For those organizations that wish to participate, the
]
, which
 inventory shall
include 
for each participating civic organization
:
(a) a description of the services [
and supports
] provided;
(b) the geographical locations served;
(c) methods of accessing services; and
(d) eligibility 
requirements
 for services.
(2) The inventory shall be [
stored
] 
maintained
, updated annually, and made available in
a usable form as a resource directory for [
all
] employment counselors 
in the department
.
Section 45. Section 
35A-3-510
 is amended to read:
35A-3-510.
Coalition of civic and other organizations.
(1)
 The director shall convene a coalition of civic organizations, representatives of the
[
division
] 
department
, representatives of state and local agencies, advocacy organizations,
public officials, community leaders, members of the Legislature, and other persons and
organizations as [
he determines
] 
determined by the executive director
.
(2)
 The coalition shall offer advice to the director on issues relevant to this part.
Section 46. Section 
35A-3-601
 is amended to read:
Part 6. Administrative Determination of Overpayments Act
35A-3-601.
Title.
This part [
shall be
] 
is
 known as the "Administrative Determination of Overpayments
Act."
Section 47. Section 
35A-3-603
 is amended to read:
35A-3-603.
Civil liability for overpayment.
[
(1) As used in this section, "intentionally, knowingly, and recklessly" mean the same
as those terms are defined in Section 
76-2-103
.
]
[
(2) Each
] 
(1) A
 provider, [
client
] 
recipient
, or other person who receives an
overpayment shall, regardless of fault, return the overpayment or repay its value to the
department immediately:
(a) upon receiving written notice of the overpayment from the department; or
(b) upon discovering the overpayment, if that occurs [
prior to
] 
before
 receiving notice.
[
(3)
] 
(2)
 (a) Except as provided under Subsection (3)(b), interest on the unreturned
balance of the overpayment shall accrue at the rate of 1% a month.
(b) If the overpayment was not the fault of the person receiving it, that person is not
liable for interest on the unreturned balance.
(c) In accordance with federal law and rules made by the department 
in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, an overpayment may be
recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
cash-related assistance provided to a [
client
] 
recipient
 under this chapter, or [
any
] other means
provided by federal law.
[
(4) Each
] 
(3) A
 person who knowingly assists a [
client
] 
recipient
, provider, or other
person in obtaining an overpayment is jointly and severally liable for the overpayment.
[
(5)
] 
(4)
 (a) In proving civil liability for overpayment under this section
,
 or Section
35A-3-605
,
 when fault is alleged, the department shall prove by clear and convincing evidence
that the overpayment was obtained intentionally, knowingly, recklessly 
as "intentionally,
knowingly, and recklessly" are defined in Section 
76-2-103
, by false statement,
misrepresentation, impersonation, or other fraudulent means, [
such as by
] 
including
committing any of the acts or omissions described in Sections 
76-8-1203
 [
through
]
, 
76-8-1204
,
or
76-8-1205
.
(b) If fault is established under Subsection [
(5)
] 
(4)
(a), Section 
35A-3-605
, or Title 76,
Chapter 8, Part 12, Public Assistance Fraud, [
any
] 
a
 person who obtained or helped another
obtain an overpayment [
shall be
] 
is
 subject to:
(i) a civil penalty of 10% of the amount of the overpayment; and
(ii) disqualification from receiving cash assistance from the Family Employment
Program 
created in Section 
35A-3-302
 and the General Assistance program 
under Section
35A-3-401
, if the overpayment was obtained from either of those programs, for [
months for
the first offense, 24 months for the second offense, and permanently for the third offense, or as
otherwise provided by federal law; or
] 
the period described in Subsection (4)(c); or
(iii) disqualification from [
the
] SNAP, if [
that is the program from which
] the
overpayment was received 
from SNAP
, for 
the period described in Subsection (4)(c).
(c) Unless otherwise provided by federal law, the period of a disqualification under
Subsection (4)(b)(ii) and (iii) is for:
(i)
months for [
the
] 
a
 first offense[
,
]
;
(ii)
months for [
the
] 
a
 second offense[
,
]
;
 and
(iii)
 permanently for [
the
] 
a
 third offense[
, or as otherwise provided by federal law
].
[
(6) If
] 
(5) (a) Except as provided under Subsection (5)(b), if
 an action is filed, the
department may recover, in addition to the principal sum plus interest, reasonable [
attorneys'
]
attorney
 fees and costs [
unless
]
.
(b) If
 the repayment obligation arose from an administrative error by the department
,
the department may not recover attorney fees and costs
.
[
(7)
] 
(6)
 If a court finds that funds or benefits were secured, in whole or part, by fraud
by the person from whom repayment is sought, the court shall assess an additional sum as
considered appropriate as punitive damages up to the amount of repayment being sought.
[
(8) Criminal actions
] 
(7) A criminal action
 for public assistance fraud [
are
] 
is
governed by Title 76, Chapter 8, Part 12, Public Assistance Fraud.
[
(9)
] 
(8)
 Jurisdiction over benefits is continuous.
[
(10)
] 
(9)
 This chapter does not preclude the Department of Health from carrying out
its responsibilities under Title 26, Chapter 19, Medical Benefits Recovery Act, and Chapter 20,
Utah False Claims Act.
Section 48. Section 
35A-3-604
 is amended to read:
35A-3-604.
Obligor presumed to have notice of department's rights -- Authority
to administer oaths, issue subpoenas, and compel witnesses and production of documents
-- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative
procedures.
(1) An obligor is presumed to have received notice of the rights of the department
under this part upon engaging in this state in any of the acts described in Subsections
35A-3-603
[
(4)
]
(3)
 and [
(5)
] 
(4)
 or Section 
76-8-1203
, 
76-8-1204
, or 
76-8-1205
.
(2) For the purposes of this part, the department may administer oaths and certify
official acts, issue subpoenas, and compel witnesses and the production of business records,
documents, and evidence.
(3) (a) Except when an overpayment results from administrative error, the department
may recover from the obligor:
(i) reasonable attorneys' fees;
(ii) costs incurred in pursuing administrative remedies under this part; and
(iii) interest at the rate of 1% a month accruing from the date an administrative or
judicial order is issued determining the amount due under this part.
(b) The department may recover interest, [
attorneys'
] 
attorney
 fees, and costs, if notice
of the assessment has been included in a notice of agency action issued in [
conformity
]
compliance
 with Title 63G, Chapter 4, Administrative Procedures Act.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make, amend, and enforce rules to carry out the provisions of this part.
(5) Service of all notices and orders under this part shall comply with
:
(a)
 Title 63G, Chapter 4, Administrative Procedures Act[
, the
]
;
(b)
 Utah Rules of Civil Procedure[
,
]
;
 or
(c)
 rules made by the department 
under this part in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act,
 that meet standards required by due process.
Section 49. Section 
35A-3-605
 is amended to read:
35A-3-605.
Issuance or modification of administrative order -- Voluntary
acknowledgment of overpayment -- Court orders supersede administrative orders --
Notification requirement.
[
(1) As used in Subsection (2)(a)(i), "intentional program violation" means obtaining
an "overpayment" as defined in Section 
35A-3-602
.
]
[
(2)
] 
(1)
 (a) Through an adjudicative proceeding, the department may issue or modify
an administrative order that:
(i) determines whether an overpayment was made, the amount of the overpayment, and
whether benefits were obtained by an intentional program violation;
(ii) reduces the overpayment [
to
] 
determined by
 an administrative judgment; or
(iii) renews an administrative judgment.
(b) The department shall commence an adjudicative proceeding to renew a judgment
by serving notice of agency action on the obligor before the judgment is barred by the
applicable statute of limitations.
[
(3)
] 
(2)
 The department may accept voluntary acknowledgment of an overpayment
obligation and enter into stipulated agreements to issue orders and judgments.
[
(4)
] 
(3)
 (a) A provision of an administrative order is enforceable against an obligor,
unless it is in direct conflict with or is superseded by a provision of a court order.
(b) To the extent of any conflict, the court order governs.
[
(5)
] 
(4)
 After being properly served with a notice of agency action under this part, an
obligor shall notify the department of any subsequent change of address or employment.
Section 50. Section 
35A-3-606
 is amended to read:
35A-3-606.
Docketing abstract of final administrative order -- Real property and
personal property liens -- Effect of order -- Execution.
(1) (a) An abstract of a final administrative order may be docketed in the district court
of any county in the state.
(b) The time of receipt of the abstract shall be noted by the clerk on the abstract and
entered in the docket.
(2) 
(a)
 From the time the abstract is docketed in the judgment docket of a district court,
any administrative judgment included in the order abstracted constitutes a lien upon the real
property of the obligor situated in that county
.
(b) Unless satisfied, the lien is
 for a period of eight years from the date the order is
entered [
unless previously satisfied
].
(3) The final administrative order fixing the liability of the obligor shall have the same
effect as any other money judgment entered in a district court.
(4) [
Attachment
] 
(a) Except as provided under Subsection (4)(b), an attachment
,
garnishment, or execution on a judgment included in or accruing under an administrative order
filed and docketed under this section shall be in the same manner and with the same effect as
an attachment, garnishment, or execution on a judgment of a district court[
, except that a
]
.
(b) A
 writ of garnishment on earnings shall continue to operate and require the
garnishee to withhold the nonexempt portion of the earnings at each succeeding earnings
disbursement interval until released in writing by the department or by court order.
(5) The lien and enforcement remedies provided by this section are in addition to any
other lien or remedy provided by law.
Section 51. Section 
35A-3-607
 is amended to read:
35A-3-607.
Property subject to execution or lien -- Restriction on transfer or
conveyance -- Release of excess amount above liability to obligor.
(1) [
After
] 
(a) Unless released under Subsection (1)(b), after
 receiving notice that an
abstract has been docketed and a lien established under this part, a person in possession of
[
any
] property [
which
] 
that
 may be subject to execution or lien may not pay over, release, sell,
transfer, encumber, or convey that property to [
any
] 
a
 person other than the department[
,
unless
]
.
(b) The restrictions under Subsection (1)(a) do not apply if
 the person in possession
first receives a release or waiver from the department, or a court order releasing the lien or
stating that the liability does not exist or has been satisfied.
(2) If a person has in his possession earnings, deposits, accounts, or balances owed to
the obligor in excess of $100 over the amount of the liability claimed by the department, [
that
]
the
 person may, without liability under this part, release the excess to the obligor.
Section 52. Section 
35A-3-608
 is amended to read:
35A-3-608.
Schedule of payments to be paid upon liability -- Establishment --
Cancellation.
(1) [
At any time, the
] 
The
 department may 
at any time
:
(a) consistent with the income, earning capacity, and resources of the obligor, set or
reset the level and schedule of payments to be paid upon the liability; and
(b) [
at any time,
] cancel the schedule of payments and demand immediate payment in
full.
(2) The department may recover an overpayment through deductions from cash
assistance or SNAP benefits under Section 
35A-3-603
.
Section 53. Section 
35A-3-609
 is amended to read:
35A-3-609.
Statute of limitation -- Enforcement of lien or order.
[
No
] 
The department may not take
 action for the enforcement of an order or lien issued
under this part [
may be maintained
] unless [
it
] 
the action
 is commenced within eight years
[
after
] 
of
 the date of the order.
Section 54. Section 
35A-3-610
 is amended to read:
35A-3-610.
Legal representation at hearings.
(1) A party may be represented by legal counsel at [
any
] 
a
 hearing held under this part.
(2) At the request of the department [
it is the duty of
]
,
 the attorney general or the
county attorney [
to
] 
shall
 represent the department in [
any
] 
a
 proceeding commenced under this
part.
Section 55. Section 
35A-3-701
, which is renumbered from Section 35A-3-116 is
renumbered and amended to read:
Part 7. Refugee Services
[
35A-3-116
].
 35A-3-701.
Refugee services fund -- Use of money --
Committee and director duties -- Restrictions.
(1) There is created an expendable special revenue fund, known as the "Refugee
Services Fund."
(2) The director shall administer the fund with input from the department and any
advisory committee involved with the provision of refugee services within the department.
(3) (a) Money shall be deposited into the fund from legislative appropriations, federal
grants, private foundations, and individual donors.
(b) The director shall encourage a refugee who receives services funded under
Subsection (8) to be a donor to the fund when the refugee's financial situation improves
sufficiently to make a donation.
(4) Except for money restricted to a specific use under federal law or by a donor, the
director may not spend money from the fund without the input described in Subsection (2).
(5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
State Money Management Act, and all interest or other earnings derived from the fund money
shall be deposited in the fund.
(6) Money in the fund may not be used by the director for administrative expenses.
(7) If the department establishes a refugee services advisory committee referenced in
Subsection (2), the committee may:
(a) advise the director on refugee services needs in the state and on relevant operational
aspects of any grant or revenue collection program established under this part;
(b) recommend specific refugee projects to the director;
(c) recommend policies and procedures for administering the fund;
(d) make recommendations on grants made from the fund for refugee services activities
authorized under this section;
(e) advise the director on the criteria by which grants from the fund shall be made;
(f) recommend the order approved projects should be funded;
(g) make recommendations regarding the distribution of money from the fund in
accordance with federal or donor restrictions; and
(h) have joint responsibility to solicit public and private funding for the fund.
(8) The director may use fund money to:
(a) train an existing refugee organization to develop its capacity to operate
professionally and effectively and to become an independent, viable organization; or
(b) provide grants to refugee organizations and other entities identified in Subsection
(9) to assist them:
(i) with case management;
(ii) in meeting emergency housing needs for refugees;
(iii) in providing English language services;
(iv) in providing interpretive services;
(v) in finding and maintaining employment for refugees;
(vi) in collaborating with the state's public education system to improve the
involvement of refugee parents in assimilating their children into public schools;
(vii) in meeting the health and mental health needs of refugees;
(viii) in providing or arranging for child care services; or
(ix) in administering refugee services.
(9) The director, with the input described in Subsection (2), may grant fund money for
refugee services outlined in Subsection (8) through a request for proposal process to:
(a) local governments;
(b) nonprofit community, charitable, or neighborhood-based organizations or private
for-profit organizations involved with providing or arranging for the provision of refugee
services; or
(c) regional or statewide nonprofit organizations.
(10) (a) The director shall enter into a written agreement with each [
successful
] 
entity
that successfully applies for a
 grant [
applicant
].
(b) The agreement shall include specific terms for each grant consistent with the
provisions of this section, including the structure, amount, and nature of the grant.
(11) The director shall monitor the activities of the recipients of grants issued from the
fund on an annual basis to ensure compliance with the terms and conditions imposed on the
recipient by the fund.
(12) The director shall require an entity that receives a grant under this section to
provide periodic accounting of how the money was used.
(13) As part of the annual written report described in Section 
35A-1-109
, the director
shall report the status of the fund, including programs and services funded by the fund.
Section 56. Section 
35A-3-702
, which is renumbered from Section 35A-3-117 is
renumbered and amended to read:
[
35A-3-117
].
 35A-3-702.
Continuation of refugee services.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules to provide for the administration and coordination of services to
refugees beyond the time period refugee assistance is provided or funded by the federal
government, including the provision of:
(a) services to address emergency needs;
(b) English language training; and
(c) services for victims of domestic violence.
(2) The director shall administer and coordinate services under this section:
(a) with input from the department and any office or advisory committee involved with
the provision of refugee services within the department; and
(b) in accordance with any state and federal requirements related to the provision of
services to refugees.
Section 57. Section 
76-8-1201
 is amended to read:
76-8-1201.
Definitions.
As used in this part:
(1) "Client" means a person who receives or has received public assistance.
(2) "Overpayment" [
means the same as that term is
] 
has the same meaning as
 defined
in Section [
35A-3-602
] 
35A-3-102
.
(3) "Provider" [
means the same as that term is
] 
has the same meaning as
 defined in
Section 
62A-11-103
.
(4) "Public assistance" [
means the same as that term is
] 
has the same meaning as
defined in Section 
35A-1-102
.
Section 58. Section 
76-8-1205
 is amended to read:
76-8-1205.
Public assistance fraud defined.
Each of the following persons, who intentionally, knowingly, or recklessly commits any
of the following acts, is guilty of public assistance fraud:
(1) [
any
] 
a
 person who uses, transfers, acquires, traffics in, falsifies, or possesses [
any
]
SNAP benefits as defined in Section 
35A-1-102
, 
a
 SNAP identification card, 
a
 certificate of
eligibility for medical services, 
a
 Medicaid identification card, 
a
 fund transfer instrument, 
a
payment instrument, or 
a
 public assistance warrant in a manner not allowed by law;
(2) [
any
] 
a
 person who fraudulently misappropriates [
any
] funds exchanged for SNAP
benefits as defined in Section 
35A-1-102
, or [
any
] 
an
 identification card, certificate of
eligibility for medical services, Medicaid identification card, or other public assistance with
which [
he
] 
the person
 has been entrusted or that has come into [
his
] 
the person's
 possession in
connection with [
his
] 
the person's
 duties in administering [
any
] 
a
 state or federally funded
public assistance program;
(3) [
any
] 
a
 person who receives an unauthorized payment as a result of acts described
in this section;
(4) [
any
] 
a
 provider who receives payment or [
any
] 
a
 client who receives benefits after
failing to comply with any applicable requirement in Sections 
76-8-1203
 and 
76-8-1204
;
(5) [
any
] 
a
 provider who files a claim for payment under [
any
] 
a
 state or federally
funded public assistance program for goods or services not provided to or for a client of that
program;
(6) [
any
] 
a
 provider who files or falsifies a claim, report, or document required by state
or federal law, rule, or provider agreement for goods or services not authorized under the state
or federally funded public assistance program for which the goods or services were provided;
(7) [
any
] 
a
 provider who fails to credit the state for payments received from other
sources;
(8) [
any
] 
a
 provider who bills a client or a client's family for goods or services not
provided, or bills in an amount greater than allowed by law or rule;
(9) [
any
] 
a
 client who, while receiving public assistance, acquires income or resources
in excess of the amount [
he
] 
the client
 previously reported to the state agency administering the
public assistance, and fails to notify the state agency to which the client previously reported
within 10 days after acquiring the excess income or resources;
(10) [
any
] 
a
 person who fails to act as required under Section 
76-8-1203
 or 
76-8-1204
with intent to obtain or help another obtain an "overpayment" as defined in Section
[
35A-3-602
] 
35A-3-102
; and
(11) [
any
] 
a
 person who obtains an overpayment by violation of Section 
76-8-1203
 or
76-8-1204
.
Section 59. 
Repealer.
This bill repeals:
Section 
35A-3-602
,
Definitions.
Legislative Review Note
 as of 11-21-14 6:28 PM
Office of Legislative Research and General Counsel