Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 30 (2020GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies civil penalty provisions related to obtaining overpayments for certain public assistance;
• moves the Safety Net Initiative from the Department of Workforce Services to the Division of Substance Abuse and Mental Health; and
• makes technical changes.

Every vote on this bill

Bill text

WORKFORCE SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions of the Utah Workforce Services Code and the Substance
Abuse and Mental Health Act.
Highlighted Provisions:
This bill:
▸ modifies civil penalty provisions related to obtaining overpayments for certain
public assistance;
▸ moves the Safety Net Initiative from the Department of Workforce Services to the
Division of Substance Abuse and Mental Health; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-1-104
, as last amended by Laws of Utah 2018, Chapter 200
35A-3-603
, as last amended by Laws of Utah 2015, Chapter 221
RENUMBERS AND AMENDS:
62A-15-118
, (Renumbered from 35A-3-802, as renumbered and amended by Laws of
Utah 2016, Chapter 133)
REPEALS:
35A-3-801
, as enacted by Laws of Utah 2016, Chapter 133
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-1-104
 is amended to read:
35A-1-104.
Department authority.
Within all other authority or responsibility granted to it by law, the department may:
(1) adopt rules when authorized by this title, in accordance with the procedures of Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(2) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(3) conduct adjudicative proceedings in accordance with the procedures of Title 63G,
Chapter 4, Administrative Procedures Act;
(4) establish eligibility standards for [
its
] 
department
 programs, not inconsistent with
state or federal law or regulations;
(5) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who is not eligible;
(6) administer oaths, certify to official acts, issue subpoenas to compel witnesses and
the production of books, accounts, documents, and other records necessary as evidence;
(7) acquire, manage, and dispose of any real or personal property needed or owned by
the department, not inconsistent with state law;
(8) receive gifts, grants, devises, and donations or their proceeds, crediting the program
designated by the donor, and using the gift, grant, devise, or donation for the purposes
requested by the donor, as long as the request conforms to state and federal policy;
(9) accept and employ volunteer labor or services;
(10) reimburse volunteers for necessary expenses, when the department considers that
reimbursement to be appropriate;
(11) carry out the responsibility assigned by the State Workforce Services Plan
developed by the State Workforce Development Board;
(12) (a) provide training and educational opportunities for the department's staff; and
(b) ensure that any training or educational opportunity described in Subsection (12)(a)
complies with Title 63G, Chapter 22, State Training and Certification Requirements;
(13) examine and audit the expenditures of any public funds provided to a local
authority, agency, or organization that contracts with or receives funds from those authorities or
agencies;
(14) accept and administer grants from the federal government and from other sources,
public or private;
(15) employ and determine the compensation of clerical, legal, technical, investigative,
and other employees necessary to carry out [
its
] 
the department's
 policymaking, regulatory, and
enforcement powers, rights, duties, and responsibilities under this title;
(16) establish and conduct free employment agencies, and bring together employers
seeking employees and working people seeking employment, and make known the
opportunities for employment in this state;
(17) collect, collate, and publish statistical and other information relating to employees,
employers, employments, and places of employment, and other statistics as [
it
] 
the department
considers proper;
(18) encourage the expansion and use of apprenticeship programs meeting state or
federal standards for apprenticeship programs;
(19) develop processes to ensure that the department responds to the full range of
employee and employer clients; 
and
(20) carry out the responsibilities assigned to [
it
] 
the department
 by statute[
; and
]
.
[
(21) administer the Safety Net Initiative as described in Section 
35A-3-802
.
]
Section 2. Section 
35A-3-603
 is amended to read:
35A-3-603.
Civil liability for overpayment.
(1) A provider, 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 before receiving notice.
(2) (a) Except as provided under Subsection (2)(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 recipient under this chapter, or other means provided by
federal law.
(3) A person who knowingly assists a recipient, provider, or other person in obtaining
an overpayment is jointly and severally liable for the overpayment.
(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, including committing any of the
acts or omissions described in Sections 
76-8-1203
, 
76-8-1204
, or 
76-8-1205
.
(b) If fault is established under Subsection (4)(a), Section 
35A-3-605
, or Title 76,
Chapter 8, Part 12, Public Assistance Fraud, a person who obtained or helped another obtain an
overpayment is subject to:
(i) a civil penalty of 10% of the amount of the overpayment
, except for overpayments
related to assistance for child care services
; [
and
]
(ii) a civil penalty of 50% of the amount of the overpayment for overpayments related
to assistance for child care services;
[
(ii)
] 
(iii)
 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 the period
described in Subsection (4)(c); [
or
] 
and
[
(iii)
] 
(iv)
 disqualification from SNAP, if 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)
]
(iii)
 and [
(iii)
] 
(iv)
 is for:
(i) 12 months for a first offense;
(ii) 24 months for a second offense; and
(iii) permanently for a third offense.
(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 attorney fees and costs.
(b) If the repayment obligation arose from an administrative error by the department,
the department may not recover attorney fees and costs.
(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.
(7) A criminal action for public assistance fraud is governed by Title 76, Chapter 8,
Part 12, Public Assistance Fraud.
(8) Jurisdiction over benefits is continuous.
(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 3. Section 
62A-15-118
, which is renumbered from Section 35A-3-802 is
renumbered and amended to read:
[
35A-3-802
].
 62A-15-118.
Safety Net Initiative.
(1) As used in this section, "individuals in underserved communities" means
individuals living in culturally isolated communities in the state who may lack access to public
assistance and other government services.
(2) There is created within the [
department
] 
division
 the Safety Net Initiative to:
(a) implement strategies to increase awareness and reduce risk factors in order to
improve the safety and well-being of individuals in underserved communities;
(b) coordinate with government agencies, nonprofit organizations, and interested
individuals to provide open communication with individuals in underserved communities; and
(c) coordinate efforts to give individuals in underserved communities needed access to
public assistance and other government services.
(3) The [
department
] 
division
 may employ or contract with individuals, entities, and
support staff as necessary to administer the duties required by this section.
Section 4. 
Repealer.
This bill repeals:
Section 
35A-3-801
,
Title.