Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 47 First Substitute (2015GS)

Sponsor

Sen. Christensen, A.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of "new federal funds" to include federal Temporary Assistance to Needy Families (TANF) funds greater than a certain amount over the amount approved by the Legislature;
• removes federal funds requests related to the TANF program from the list of federal funds requests that are exempt from the provisions of the Federal Funds Procedures Act; and
• makes technical changes.

Every vote on this bill

Bill text

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Allen M. Christensen
House Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill modifies provisions of the Federal Funds Procedures Act.
Highlighted Provisions:
This bill:
▸ amends the definition of "new federal funds" to include federal Temporary
Assistance to Needy Families (TANF) funds greater than a certain amount over the
amount approved by the Legislature;
▸ removes federal funds requests related to the TANF program from the list of federal
funds requests that are exempt from the provisions of the Federal Funds Procedures
Act; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63J-5-102
, as last amended by Laws of Utah 2011, Chapter 326
63J-5-103
, as last amended by Laws of Utah 2013, Chapter 295
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63J-5-102
 is amended to read:
63J-5-102.
Definitions.
(1) As used in this chapter:
(a) (i) "Agency" means a department, division, committee, commission, council, court,
or other administrative subunit of the state.
(ii) "Agency" includes executive branch entities and judicial branch entities.
(iii) "Agency" does not mean higher education institutions or political subdivisions.
(b) (i) "Federal funds" means cash or other money received from the United States
government or from other individuals or entities for or on behalf of the United States and
deposited with the state treasurer or any agency of the state.
(ii) "Federal funds" includes federal assistance and federal assistance programs,
however described.
(iii) "Federal funds" does not include money received from the United States
government to reimburse the state for money expended by the state.
(c) "Federal funds reauthorization" means:
(i) the formal submission from an agency to the federal government applying for or
seeking reauthorization of federal funds which the state is currently receiving;
(ii) the formal submission from an agency to the federal government applying for or
seeking reauthorization to participate in a federal program in which the state is currently
participating that will result in federal funds being transferred to an agency; or
(iii) that period after the first year of a previously authorized and awarded grant or
funding award, during which federal funds are disbursed or are scheduled to be disbursed after
the first year because the term of the grant or financial award extends for more than one year.
(d) "Federal funds request summary" means a document detailing:
(i) the amount of money that is being requested or is available to be received by the
state from the federal government for each federal funds reauthorization or new federal funds
request;
(ii) those federal funds reauthorizations and new federal funds requests that are
included as part of the agency's proposed budget for the fiscal year, and the amount of those
requests;
(iii) the amount of new state money, if any, that will be required to receive the federal
funds or participate in the federal program;
(iv) the number of additional permanent full-time employees, additional permanent
part-time employees, or combination of additional permanent full-time employees and
additional permanent part-time employees, if any, that the state estimates are needed in order to
receive the federal funds or participate in the federal program; and
(v) any requirements that the state must meet as a condition for receiving the federal
funds or participating in the federal program.
(e) "Federal maintenance of effort requirements" means any matching, level of effort,
or earmarking requirements, as defined in Office of Management and Budget Circular A-133,
Compliance Requirement G, that are imposed on an agency as a condition of receiving federal
funds.
(f) "New federal funds" means:
(i) federal assistance or other federal funds that are available from the federal
government that:
(A) the state is not currently receiving; or
(B) exceed the federal funds amount [
previously
] 
most recently
 approved by the
Legislature by more than 25% for a federal grant or program in which the state is currently
participating; [
or
]
(ii) a federal assistance program or other federal program in which the state is not
currently participating[
.
]
; or
(iii) federal Temporary Assistance to Needy Families funds greater than $1,000,000
over the amount most recently approved by the Legislature.
(g) "New federal funds request" means the formal submission from an agency to the
federal government:
(i) applying for or otherwise seeking to obtain new federal funds; or
(ii) applying for or seeking to participate in a new federal program that will result in
federal funds being transferred to an agency.
(h) (i) "New state money" means money, whether specifically appropriated by the
Legislature or not, that the federal government requires Utah to expend as a condition for
receiving the federal funds or participating in the federal program.
(ii) "New state money" includes money expended to meet federal maintenance of effort
requirements.
(i) "Pass-through federal funds" means federal funds provided to an agency that are
distributed to local governments or private entities without being used by the agency.
(j) "State" means the state of Utah and all of its agencies, and any administrative
subunits of those agencies.
(2) When this chapter describes an employee as a "permanent full-time employee" or a
"permanent part-time employee," it is not intended to, and may not be construed to, affect the
employee's status as an at-will employee.
Section 2. Section 
63J-5-103
 is amended to read:
63J-5-103.
Scope and applicability of chapter.
(1) Except as provided in Subsection (2), and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the provisions of
this chapter apply to each agency and govern each federal funds request.
(2) This chapter does not govern federal funds requests for:
(a) the Medical Assistance Program, commonly known as Medicaid;
(b) the Children's Health Insurance Program;
(c) the Women, Infant, and Children program;
[
(d) the Temporary Assistance to Needy Families program;
]
[
(e)
] 
(d)
 Social Security Act money;
[
(f)
] 
(e)
 the Substance Abuse Prevention and Treatment program;
[
(g)
] 
(f)
 Child Care and Development Block Grant;
[
(h)
] 
(g)
 SNAP Administration and Training money;
[
(i)
] 
(h)
 Unemployment Insurance Operations money;
[
(j)
] 
(i)
 Federal Highway Administration money;
[
(k)
] 
(j)
 the Utah National Guard; or
[
(l)
] 
(k)
 pass-through federal funds.
(3) The governor need not seek legislative review or approval of federal funds received
by the state if:
(a) the governor has declared a state of emergency; and
(b) the federal funds are received to assist victims of the state of emergency under
[
Subsection
] 
Section
53-2a-204
[
(1)
].
Legislative Review Note
 as of 12-16-14 3:41 PM
Office of Legislative Research and General Counsel