Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 194 First Substitute (2017GS)

Sponsor

Rep. Fawson, J.

Final action

Governor Signed 3/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• modifies the federal funds requests that are subject to the review and approval procedures under the Federal Funds Procedures Act; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 3, 2017 at 11:50 AM by ryoung.
FEDERAL GRANTS MANAGEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Justin L. Fawson
Senate Sponsor: 
 Ann Millner
LONG TITLE
General Description:
This bill modifies provisions relating to the review and approval procedures for certain
federal funds requests under the Federal Funds Procedures Act.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ modifies the federal funds requests that are subject to the review and approval
procedures under the Federal Funds Procedures Act; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
Ĥ→ [
None
] 
 This bill provides a special effective date.
 ←Ĥ
Utah Code Sections Affected:
AMENDS:
26-18-18
, as last amended by Laws of Utah 2016, Chapter 279
63J-5-102
, as last amended by Laws of Utah 2016, Chapter 272
63J-5-103
, as last amended by Laws of Utah 2015, Chapter 190
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-18
 is amended to read:
26-18-18.
Optional Medicaid expansion.
(1) For purposes of this section, "PPACA" means the same as that term is defined in
Section 
31A-1-301
.
(2) The department and the governor shall not expand the state's Medicaid program to
the optional population under PPACA unless:
(a) the governor or the governor's designee has reported the intention to expand the
state Medicaid program under PPACA to the Legislature in compliance with the legislative
review process in Sections 
63N-11-106
 and 
26-18-3
; and
(b) [
notwithstanding Subsection 
63J-5-103
(2),
] the governor submits the request for
expansion of the Medicaid program for optional populations to the Legislature under the high
impact federal funds request process required by Section 
63J-5-204
, Legislative review and
approval of certain federal funds request.
(3) The department shall request approval from the Centers for Medicare and Medicaid
Services within the United States Department of Health and Human Services for waivers from
federal statutory and regulatory law necessary to implement the health coverage improvement
program under Section 
26-18-411
. The health coverage improvement program under Section
26-18-411
 is not Medicaid expansion for purposes of this section.
Section 2. 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:
(A) executive branch entities;
(B) judicial branch entities; and
(C) the State Board of Education.
(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) (i) "Federal funds request summary" means a document detailing:
(A) 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;
(B) 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;
(C) the amount of new state money, if any, that will be required to receive the federal
funds or participate in the federal program;
(D) 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
(E) any requirements that the state must meet as a condition for receiving the federal
funds or participating in the federal program.
(ii) "Federal funds request summary" includes, if available:
(A) the letter awarding an agency a grant of federal funds[
;
] or [
(B)
] other official
documentation awarding an agency a grant of federal funds[
.
]
; and
(B) a document detailing federal maintenance of effort requirements.
(e) "Federal maintenance of effort requirements" means any matching, level of effort,
or earmarking requirements, as defined in Office of Management and Budget requirements,
that are imposed on an agency as a condition of receiving federal funds.
(f) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(g) "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 most recently approved by the Legislature by
more than 25% for a federal grant or program in which the state is currently participating;
(ii) a federal assistance program or other federal program in which the state is not
currently participating; or
(iii) a one-time TANF request.
(h) "New federal funds request" means:
(i) the formal submission from an agency to the federal government:
(A) applying for or otherwise seeking to obtain new federal funds; or
(B) applying for or seeking to participate in a new federal program that will result in
federal funds being transferred to an agency; or
(ii) a one-time TANF request.
(i) (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.
(j) "One-time TANF request" means a proposed expenditure by the Department of
Workforce Services from its reserves of federal Temporary Assistance for Needy Families
funds:
(i) for a project or program that will last for a fixed amount of time and is not an
ongoing project or program of the Department of Workforce Services; and
(ii) that is greater than $1,000,000 over the amount most recently approved by the
Legislature.
(k) (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.
(ii) "Pass-through federal funds" does not include federal funds provided to the State
Board of Education that are distributed to a local education agency or other subrecipient
without being used by the State Board of Education.
(l) "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 3. 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
] 
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 for Needy Families program, except for a one-time
TANF request as defined in Section 
63J-5-102
;
]
[
(e) Social Security Act money;
]
[
(f) the Substance Abuse Prevention and Treatment program;
]
[
(g) Child Care and Development Block Grant;
]
[
(h) SNAP Administration and Training money;
]
[
(i) Unemployment Insurance Operations money;
]
[
(j) Federal Highway Administration money;
]
[
(k) the Utah National Guard; or
]
[
(l) pass-through federal funds.
]
[
(3)
] 
(2)
 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
Section 
53-2a-204
.
158a 
 Ĥ→ 
Section 4. Effective date.
158b 
 This bill takes effect October 1, 2017.
 ←Ĥ
Legislative Review Note
Office of Legislative Research and General Counsel