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title-35a•Title 35A — Utah Workforce Services Code
This title is known as the "Utah Workforce Services Code."
Unless otherwise specified, as used in this title:
(1) "Client" means an individual who the department has determined to be eligible for services or benefits under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(2) "Department" means the Department of Workforce Services created in Section 35A-1-103.
(3) "Economic service area" means an economic service area established in accordance with Chapter 2, Economic Service Areas.
(4) "Employment assistance" means services or benefits provided by the department under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(5) "Employment center" is a location in an economic service area where the services provided by an economic service area under Section 35A-2-201 may be accessed by a client.
(6) "Employment counselor" means an individual responsible for developing an employment plan and coordinating the services and benefits under this title in accordance with Chapter 2, Economic Service Areas.
(7) "Employment plan" means a written agreement between the department and a client that describes:
(a) the relationship between the department and the client;
(b) the obligations of the department and the client; and
(c) the result if an obligation is not fulfilled by the department or the client.
(8) "Executive director" means the executive director of the department appointed under Section 35A-1-201.
(9) "Government entity" means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, an institution of higher education as defined in Section 53H-1-101, or a local education agency as defined in Section 53G-7-401.
(10) "Public assistance" means:
(a) services or benefits provided under Chapter 3, Employment Support Act;
(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
(d) SNAP benefits; and
(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance.
(11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the federal Food Stamp Program.
(12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or privilege available under SNAP.
(13) "Stabilization" means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions.
(14) "Vulnerable populations" means children or adults with a life situation that substantially affects that individual's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own financial resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
(1) There is created the Department of Workforce Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in this title.
(2) For purposes of this title, the department shall have an official seal that shall be judicially noticed.
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 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 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 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 the department by statute.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
(2) Beginning July 1, 2018, the department may require current employees in, and all applicants for, the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
(a) employees that access or may access federal tax information; and
(b) employees serving or interacting with vulnerable populations as defined in Section 35A-1-102.
(3) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request.
(4) The department shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4).
(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and nationwide background check.
(6) The department is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
(1) The department shall work with the Department of Health and Human Services, the Insurance Department, the Governor's Office of Economic Development, and the Legislature to develop the health system reform.
(2) In the process of determining an individual's eligibility for a public benefit or service under this title or under federal law, if the department determines that a valid social security number is being used by an unauthorized individual, the department shall:
(a) inform the individual who the department determines to be the likely actual owner of the social security number or, if the likely actual owner is a minor, the minor's parent or guardian, of the suspected misuse; and
(b) subject to federal law, provide information of the suspected misuse to an appropriate law enforcement agency responsible for investigating identity fraud.
(3) If the department learns or determines that providing information under Subsection (2)(b) is prohibited by federal law, the department shall notify the Legislative Management Committee.
(1) The department shall prepare and submit to the governor for inclusion in the governor's budget to be submitted to the Legislature, a budget of the department's financial requirements needed to carry out its responsibilities as provided by law during the fiscal year following the Legislature's next annual general session.
(2) The executive director shall require a report from each of the divisions and offices of the department, to aid in preparation of the departmental budget.
(1) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services provided by the department by following the procedures and requirements of Section 63J-1-504.
(2) The department shall submit each fee established under this section to the Legislature for its approval as part of the department's annual appropriations request.
(1) A client or applicant who is directed to participate in a work experience or training program funded by the department is considered to be a volunteer government worker of the department, as provided in Title 67, Chapter 20, Volunteer Government Workers Act, solely for the purpose of receiving workers' compensation medical benefits.
(2) Receipt of medical benefits by a client or applicant under Subsection (1) is the exclusive remedy against the agency and the cooperating employer for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(1) The department shall prepare and submit to the governor and the Legislature, by October 1 of each year, an annual written report of the operations, activities, programs, and services of the department, including the department's divisions, offices, boards, commissions, councils, and committees, for the preceding fiscal year.
(2) For each operation, activity, program, or service provided by the department, the annual report shall include:
(a) a description of the operation, activity, program, or service;
(b) data and metrics:
(i) selected and used by the department to measure progress, performance, effectiveness, and scope of the operation, activity, program, or service, including summary data; and
(ii) that are consistent and comparable for each state operation, activity, program, or service that primarily involves employment training or placement as determined by the executive director, the commissioner of higher education, and the executive director of the Governor's Office of Planning and Budget;
(c) budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service;
(d) historical data from previous years for comparison with data reported under Subsections (2)(b) and (c);
(e) goals, challenges, and achievements related to the operation, activity, program, or service;
(f) relevant federal and state statutory references and requirements;
(g) contact information of officials knowledgeable and responsible for each operation, activity, program, or service; and
(h) other information determined by the department that:
(i) may be needed, useful, or of historical significance; or
(ii) promotes accountability and transparency for each operation, activity, program, or service with the public and elected officials.
(3) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the Legislature.
(4) The department shall:
(a) submit the annual report in accordance with Section 68-3-14;
(b) make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the department's website; and
(c) provide the data and metrics described in Subsection (2)(b) to the Talent, Education, and Industry Alignment Board created in Section 53H-13-302.
(1) An individual who seeks to claim a tax credit under Section 59-10-1046 or 59-10-1114 shall apply to the department for a certification that:
(a) the individual did not receive any state or federal assistance described in Subsection 59-10-1046(1)(e)(ii)(A), (B), (C), or (D) during the taxable year in which the adoption is finalized; and
(b) the individual finalized an adoption during the taxable year for which the individual applies for a certification.
(2) An individual who applies for a certification under this section shall sign an information release authorizing the department to disclose the individual's name and identifying information to the State Tax Commission in accordance with Subsection (5).
(3) The department shall issue the certification on a form approved by the State Tax Commission.
(4) An individual who receives a certification under this section shall retain the certification for the same time period a person is required to keep books and records under Section 59-1-1406.
(5)
(a) The department shall provide the State Tax Commission with an electronic report stating the name and identifying information of each individual to whom the department issued a certification under this section for the taxable year.
(b) The department shall provide the report described in Subsection (5)(a) on or before January 31 of the year following the year in which the department issued the certifications.
(1)
(a) The chief administrative officer of the department is the executive director, who is appointed by the governor with the advice and consent of the Senate.
(b) The executive director serves at the pleasure of the governor.
(c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(d) The executive director shall be experienced in administration, management, and coordination of complex organizations.
(2) The executive director shall:
(a) administer and supervise the department in compliance with Title 63A, Chapter 17, Utah State Personnel Management Act;
(b) supervise and coordinate between the economic service areas and directors created under Chapter 2, Economic Service Areas;
(c) coordinate policies and program activities conducted through the divisions and economic service areas of the department;
(d) approve the proposed budget of each division, the Workforce Appeals Board, and each economic service area within the department;
(e) approve all applications for federal grants or assistance in support of any department program;
(f) coordinate with the executive directors of the Governor's Office of Economic Development and the Governor's Office of Planning and Budget to review data and metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
(g) fulfill such other duties as assigned by the Legislature or as assigned by the governor that are not inconsistent with this title.
(3) The executive director may appoint deputy or assistant directors to assist the executive director in carrying out the department's responsibilities.
(4) The executive director shall at least annually provide for the sharing of information between the advisory councils established under this title.
(1) There is created within the department the following divisions:
(a) the Workforce Development Division to administer the development and implementation of employment assistance programs;
(b) the Workforce Research and Analysis Division;
(c) the Unemployment Insurance Division to administer Chapter 4, Employment Security Act;
(d) the Eligibility Services Division to administer public assistance eligibility;
(e) the Division of Adjudication to adjudicate claims or actions in accordance with this title;
(f) the Division of Community Services, which is described in Sections 35A-8-201 and 35A-8-202;
(g) the Utah State Office of Rehabilitation, which is described in Section 35A-13-103;
(h) the Office of Homeless Services, which is described in Section 35A-16-202;
(i) the Office of Child Care, which is described in Sections 35A-3-202 and 35A-3-203; and
(j) the Refugee Services Office, which is described in Chapter 3, Part 8, Refugee Services.
(2) In addition to the divisions created under Subsection (1), within the department are the following:
(a) the Workforce Appeals Board created in Section 35A-1-205;
(b) the State Workforce Development Board created in Section 35A-1-206;
(c) the Employment Advisory Council created in Section 35A-4-502;
(d) the Child Care Advisory Committee created in Section 35A-3-205; and
(e) the economic service areas created in accordance with Chapter 2, Economic Service Areas.
(1) The executive director has administrative jurisdiction over each division and economic service area.
(2) To effectuate greater statewide efficiency and local flexibility in the implementation of programs, the executive director shall coordinate with the directors of the divisions and the directors of the economic service areas.
(3) To effectuate greater efficiency and economy in the operations of the department, the executive director may:
(a) make changes in personnel and service functions in the divisions and economic service areas under the executive director's administrative jurisdiction; and
(b) authorize designees to perform appropriate responsibilities.
(4)
(a) The executive director has no jurisdiction over the Workforce Appeals Board except as provided in Subsection (4)(b).
(b) The executive director shall:
(i) approve the budget of the Workforce Appeals Board;
(ii) provide the necessary staff support to the Workforce Appeals Board; and
(iii) make rules necessary for the operations of the Workforce Appeals Board and the efficiency of the adjudicative process as a whole in accordance with Section 35A-1-303.
(5) To facilitate management of the department, the executive director may establish offices necessary to implement this title or to perform functions such as budgeting, planning, data processing, and personnel administration.
(1)
(a) The chief officer of each division within the department shall be a director, who shall serve as the executive and administrative head of the division.
(b) A director shall be appointed by the executive director with the concurrence of the governor and may be removed from that position at the will of the executive director.
(2)
(a) Notwithstanding Subsection (1), the governor shall appoint a state homeless services coordinator to serve as the chief officer of the Office of Homeless Services created in Chapter 16, Part 2, Office of Homeless Services.
(b) The state homeless services coordinator may be removed from that position at the will of the governor.
(3) A director of a division shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
(4)
(a) A director of a division shall be experienced in administration and possess such additional qualifications as determined by the executive director.
(b) In addition to the requirements of Subsection (4)(a), the director of the Division of Adjudication shall be admitted to the practice of law in Utah.
(1) There is created the Workforce Appeals Board within the department consisting of one or more panels to hear and decide appeals from the decision of an administrative law judge.
(2) A panel shall consist of three impartial members appointed by the governor as follows:
(a) the board chair, appointed in accordance with Subsection (5);
(b) one member appointed to represent employers; and in making this appointment, the governor shall consider nominations from employer organizations; and
(c) one member appointed to represent employees; and in making this appointment, the governor shall consider nominations from employee organizations.
(3)
(a)
(i) The term of a member shall be six years beginning on March 1 of the year the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
(ii) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately one third of the members are appointed every two years.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(c) The governor may remove a member for inefficiency, neglect of duty, malfeasance or misfeasance in office, or other good and sufficient cause.
(d) A member shall hold office until a successor is appointed and has qualified.
(4)
(a) Except as provided in Subsection (4)(b), a member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(b) The member appointed as board chair in accordance with Subsection (5) shall be compensated at an hourly rate determined by the Division of Human Resource Management in accordance with Title 63A, Chapter 17, Utah State Personnel Management Act.
(5)
(a) The chief officer of the board shall be the chair, who shall serve as the executive and administrative head of the board.
(b) The chair shall be appointed by the governor to represent the public and may be removed from that position at the will of the governor.
(c) The chair shall be experienced in administration and possess any additional qualifications determined by the governor.
(6)
(a) The chair shall designate an alternate from a panel appointed under this section:
(i) in the absence of a regular member or the chair; or
(ii) if the regular member or the chair has a conflict of interest.
(b) Each case shall be decided by a full three-member panel.
(7) The department shall provide the Workforce Appeals Board necessary staff support, except, the board may employ, retain, or appoint legal counsel.
(1) There is created within the department the State Workforce Development Board in accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C. Sec. 3101 et seq.
(2) The board shall consist of the following members:
(a) the governor or the governor's designee;
(b) the executive director or the executive director's designee;
(c) the executive director of the Department of Health and Human Services or the executive director's designee;
(d) the director of the Utah State Office of Rehabilitation or the director's designee;
(e) the state superintendent of public instruction or the superintendent's designee;
(f) the commissioner of higher education or the commissioner's designee;
(g) the executive director of the Governor's Office of Economic Development or the executive director's designee;
(h) the executive director of the Department of Veterans and Military Affairs or the executive director's designee; and
(i) the following members appointed by the governor:
(i) 20 representatives of business in the state, selected among the following:
(A) owners of businesses, chief executive or operating officers of businesses, or other business executives or employers with policymaking or hiring authority;
(B) representatives of businesses, including small businesses, that provide employment opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state; and
(C) representatives of businesses appointed from among individuals nominated by state business organizations or business trade associations;
(ii) six representatives of the workforce within the state, which:
(A) shall include at least two representatives of labor organizations who have been nominated by state labor federations;
(B) shall include at least one representative from a registered apprentice program;
(C) may include one or more representatives from a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or educational needs of individuals with barriers to employment; and
(D) may include one or more representatives from an organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including organizations that serve out of school youth; and
(iii) two elected officials that represent a city or a county.
(3)
(a) The governor shall appoint one of the appointed business representatives as chair of the board.
(b) The chair shall serve at the pleasure of the governor.
(4)
(a) The governor shall ensure that members appointed to the board represent diverse geographic areas of the state, including urban, suburban, and rural areas.
(b) A member appointed by the governor shall serve a term of four years and may be reappointed to one additional term.
(c) A member shall continue to serve until the member's successor has been appointed and qualified.
(d) Except as provided in Subsection (4)(e), as terms of board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(e) Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately one half of the board is appointed every two years.
(f) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(g) The executive director shall terminate the term of any governor-appointed member of the board if the member leaves the position that qualified the member for the appointment.
(5) A majority of members constitutes a quorum for the transaction of business.
(6) A member of the board may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(7) The department shall provide staff and administrative support to the board at the direction of the executive director.
(8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec. 3111, including:
(a) identifying opportunities to align initiatives in education, training, workforce development, and economic development;
(b) developing and implementing the state workforce services plan described in Section 35A-1-207;
(c) utilizing strategic partners to ensure the needs of industry are met, including the development of expanded strategies for partnerships for in-demand occupations and understanding and adapting to economic changes;
(d) developing strategies for staff training;
(e) developing and improving employment centers; and
(f) performing other responsibilities within the scope of workforce services as requested by:
(i) the Legislature;
(ii) the governor; or
(iii) the executive director.
The State Workforce Development Board shall annually maintain and update a state workforce services plan that includes:
(1) a four-year strategy, as described in 29 U.S.C. Sec. 3112, for the following core programs:
(a) youth services;
(b) adult employment and training services;
(c) dislocated worker employment and training services;
(d) adult education and literacy activities;
(e) employment services; and
(f) vocational rehabilitation services;
(2) a strategy for aligning and coordinating the core programs;
(3) a strategy for coordinating the workforce needs of job seekers and employers in the various regions of the state;
(4) planning to ensure that employment centers address the requirements of the special employment needs population, including:
(a) individuals who have special employment needs based on factors such as race, gender, age, disability, economic status, education, language skills, or work history; and
(b) an "individual with a barrier to employment" as that term is defined in 29 U.S.C. Sec. 3102;
(5) a mechanism for getting consumer and public feedback on department programs;
(6) projected analysis of the workforce needs of employers and clients;
(7) state outcome-based standards for measuring program performance to ensure equitable service to all clients;
(8) strategies to ensure program responsiveness, universal access, and unified case management;
(9) strategies to eliminate unnecessary barriers to access services; and
(10) strategies to provide assistance to employees facing employment dislocation and their employers.
(1)
(a) The executive director shall authorize the Division of Adjudication to call, assign a presiding officer, and conduct hearings and adjudicative proceedings when an application for a proceeding is filed with the Division of Adjudication under this title.
(b) The director of the Division of Adjudication or the director's designee may issue subpoenas. Failure to respond to a properly issued subpoena may result in a contempt citation and offenders may be punished as provided in Section 78B-6-313.
(c) Witnesses subpoenaed under this section are allowed fees as provided by law for witnesses in the district court of the state. The fees shall be paid as follows:
(i) The witness fees shall be paid by the state unless the witness is subpoenaed at the instance of a party other than the department.
(ii) Notwithstanding Subsection (1)(c)(i), if the subpoena is issued under Chapter 4, Employment Security Act, the fees are part of the expense of administering that chapter.
(d) A presiding officer assigned under this section may not participate in any case in which the presiding officer is an interested party. Each decision of a presiding officer shall represent the presiding officer's independent judgment.
(2) In the judgment of the presiding officer having jurisdiction of the proceedings the consolidation would not be prejudicial to any party, when the same or substantially similar evidence is relevant and material to the matters in issue in more than one proceeding:
(a) the presiding officer may fix the same time and place for considering each matter;
(b) jointly conduct hearings;
(c) make a single record of the proceedings; and
(d) consider evidence introduced with respect to one proceeding as introduced in the others.
(3)
(a) The director shall keep a full and complete record of all adjudicative proceedings in connection with a disputed matter.
(b) All testimony at any hearing shall be recorded but need not be transcribed unless the disputed matter is appealed. If a party requests transcription, the transcription shall be provided at the party's expense.
(c) All records on appeals shall be maintained in the offices of the Division of Adjudication. The records shall include an appeal docket showing the receipt and disposition of the appeals.
(4) A party in interest shall be given notice of the entry of a presiding officer's order or any order or award of the department. The mailing of the copy of the order or award to the last-known address in the files of the department of a party in interest and to the attorneys or agents of record in the case, if any, is considered to be notice of the order.
(5) In any formal adjudication proceeding, the presiding officer may take any action permitted under Section 63G-4-206.
(1) An order entered by an administrative law judge under this title is the final decision of the department unless a further appeal is initiated under this title and in accordance with the rules of the department governing the review.
(2) The order of the Workforce Appeals Board on review is final, unless set aside by the court of appeals.
(3) If an order is appealed to the court of appeals after the party appealing the order has exhausted all administrative appeals, the court of appeals has jurisdiction to review, reverse, or annul any order of the Workforce Appeals Board, or to suspend or delay the operation or execution of the order of the Workforce Appeals Board being appealed.
(1)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing adjudicative procedures including the forms of notices and the manner of serving notice in all claims.
(b) Except as provided in this title and Title 63G, Chapter 4, Administrative Procedures Act, the rules made under this section are not required to conform to common law or statutory rules of evidence or other technical rules of procedure.
(2) The rules made under this section shall include procedures to dispose of cases informally, or to expedite claims adjudication, narrow issues, and simplify the methods of proof at hearings.
(3) Any rule made concerning proceedings before the Workforce Appeals Board shall be made in consultation with the Workforce Appeals Board.
(1)
(a) In accordance with this title and Title 63G, Chapter 4, Administrative Procedures Act, the Workforce Appeals Board may allow an appeal from a decision of an administrative law judge from a formal adjudicative proceeding if a motion for review is filed with the Division of Adjudication within the designated time by any party entitled to the notice of the administrative law judge's decision.
(b) An appeal filed by the party shall be allowed as of right if the decision of the administrative law judge did not affirm the department's prior decision.
(c) If the Workforce Appeals Board denies an application for appeal from the decision of an administrative law judge, the decision of the administrative law judge is considered a decision of the Workforce Appeals Board for purposes of judicial review and is subject to judicial review if further appeal is initiated under this title.
(2) On appeal, the Workforce Appeals Board may on the basis of the evidence previously submitted in the case, or upon the basis of any additional evidence it requires:
(a) affirm the decision of the administrative law judge;
(b) modify the decision of the administrative law judge; or
(c) reverse the findings, conclusions, and decision of the administrative law judge.
(3) The Workforce Appeals Board shall promptly notify the parties to any proceedings before it of its decision, including its findings and conclusions, and the decision is a final order of the department unless within 30 days after the date the decision of the Workforce Appeals Board is issued, further appeal is initiated under this title.
A member of the Workforce Appeals Board may not participate in any case in which the member is an interested party. Each decision of a member of the Workforce Appeals Board shall represent the member's independent judgment.
The department may by rule permit hearings or other adjudicative hearings to be conducted, recorded, or published by means of electronic devices or other similar methods.
This part does not apply to adjudication under Chapter 5, Part 1, Job Training Coordination Act.
At the request of the department, it is the duty of the county attorney or district attorney, as appropriate under Sections 17-68-302 and 17-68-303, and the attorney general to represent the department in any legal action taken under this part, Chapter 3, Employment Support Act, or under Title 76, Chapter 8, Part 12, Public Assistance Fraud.
(1) In any civil action pursuant to this part or criminal action pursuant to Title 76, Chapter 8, Part 12, Public Assistance Fraud:
(a) a fund transfer or payment instrument made to the order of a party shall constitute prima facie evidence that such party received cash assistance under Chapter 3, Employment Support Act, from the state;
(b) all of the records in the custody of the department relating to the application for, verification of, issuance of, receipt of, and use of public assistance shall constitute business records within the meaning of the exceptions to the hearsay rule of evidence; and
(c) the value of the benefits received shall be based on the ordinary and usual charge for similar benefits in the private sector.
(2)
(a) A conviction or a guilty plea on a misdemeanor or felony charge of public assistance fraud is admissible in a civil action brought under this part.
(b) Subsection (2)(a) may not be construed to limit the right to use a conviction or guilty plea in any manner permitted by law or court rule.
(1)
(a) The executive director shall establish economic service areas to furnish the services described in Section 35A-2-201.
(b) In establishing economic service areas, the executive director shall seek input from the State Workforce Development Board.
(2) In establishing the economic service areas, the executive director may consider:
(a) areas comprised of multiple counties;
(b) the alignment of transportation and other infrastructure or services;
(c) the interdependence of the economy within a geographic area;
(d) the ability to develop regional marketing and economic development programs;
(e) the labor market areas;
(f) the population of the area, as established in the most recent estimate by the Utah Population Committee;
(g) the number of individuals in the previous year receiving:
(i) services under Chapter 3, Employment Support Act; and
(ii) benefits under Chapter 4, Employment Security Act; and
(h) other factors that relate to the management of the programs administered or that relate to the delivery of services provided under this title.
(1) The executive director shall appoint a director to oversee each economic service area.
(2) A director appointed under this section may be removed from that position at the will of the executive director.
(3) A director shall be experienced in administration and possess additional qualifications as determined by the executive director, and as provided by law.
(4) The director shall report on a regular basis to the State Workforce Development Board on the delivery of services in the economic service area.
Economic service areas shall:
(1) through their employment centers, be the primary provider of services and support under Chapter 3, Employment Support Act; and
(2) provide access to and assess eligibility for services or training under Chapter 5, Training and Workforce Improvement Act.
(1) One or more employment counselors shall be employed at each employment center of an economic service area established under Section 35A-2-101.
(2) A client shall be assigned one employment counselor unless a client:
(a) needs only limited services under this title for which expedited procedures are appropriate; or
(b) receives diversion assistance under Section 35A-3-303.
(3) An employment counselor shall:
(a) develop an employment plan jointly with the client; and
(b) coordinate any services provided, brokered, or contracted for by the department to that client.
(4) The employment counselor assigned to a client may be selected because of the employment counselor's experience or knowledge in the benefits or services available under the title that best meet the specific needs of the client and the employment counselor's skills in working with groups of clients to develop plans leading to self-sufficiency.
(5)
(a) An employment counselor shall be:
(i) trained in the requirements of and benefits or services provided through employment centers in at least one of the following:
(A) Chapter 3, Employment Support Act; and
(B) Chapter 5, Training and Workforce Improvement Act;
(ii) capable of:
(A) conducting an effective assessment;
(B) negotiating an employment plan; and
(C) providing the necessary encouragement and support to a client; and
(iii) knowledgeable of:
(A) department policies;
(B) relevant law;
(C) current labor market conditions;
(D) education and training programs for adults; and
(E) services and supports available in the community.
(b) At the discretion of the director of an economic service area, an employment counselor may receive special training in the requirements of or providing services under the statutes listed in Subsection (5)(a)(i).
(6)
(a) A client employment plan may include:
(i) services and support necessary for stabilization;
(ii) assessment and training; and
(iii) placement.
(b) The client employment plan shall consider the job opportunities available to the client based on the job market.
(c) The client employment plan shall be outcome-focused.
(7) If a client seeks cash assistance under Chapter 3, Employment Support Act, the assignment of an employment counselor and the creation and implementation of an employment plan shall be consistent with Section 35A-3-304.
(1) In each county within an economic service area, the executive director shall:
(a) designate the location of one or more employment centers, as defined in Section 35A-1-102, in which the services are provided by the department; or
(b) coordinate with the department to establish access to the services provided by the department by means other than an employment center.
(2) An employment center shall provide a comprehensive program of employment services including job placement, job development, stabilization, assessment, and job training through its employment counselors as part of a system of unified case management.
(3) The department may make services that are provided through employment centers under this section accessible through electronic linkage.
(4) The department shall develop and maintain a website dedicated to providing information regarding employment opportunities available throughout the state.
(5)
(a) Except when filling a job vacancy with a current employee, a government entity shall list each public job posting on the department's website.
(b) Information regarding job vacancies with private contractors that have contracted with an executive branch procurement unit shall be made available to the department for posting on the department's website by the department. Posted information shall include the name and contact information for job inquiries. This information shall be available for the duration of the contract.
(c) Faculty related job vacancies and job vacancies for part-time wage related jobs typically filled by students at state institutions of higher education are exempt from the requirements of Subsection (5)(a).
(d) Subsection (5)(a) does not apply to school districts.
(1) As used in this section, "web portal" means an Internet webpage that can be accessed by a person who enters the person's unique user information in order to access secure information.
(2) The department shall, in consultation with the entities described in Subsection (4), design, create, and maintain a web portal through which a person may access data described in Subsection (3), as agreed upon by the entities described in Subsection (4).
(3) The department shall ensure the web portal allows:
(a) a business in this state, including a state or local entity, to:
(i) post a job opportunity that may be available for an individual with a criminal history;
(ii) review a resume or profile information for a job opportunity that is submitted by an individual with a criminal history; and
(iii) review information regarding incentives for hiring an individual with a criminal history; and
(b) an individual with a criminal history in this state to:
(i) review a job opportunity posted within the web portal;
(ii) apply for a job opportunity posted within the web portal; and
(iii) obtain information regarding:
(A) resume creation;
(B) interviewing skills; and
(C) other job-seeking skills.
(4) In developing the web portal described in Subsection (2), the department shall consult with:
(a) the Department of Corrections;
(b) the Division of Human Resource Management; and
(c) the business community that is likely to use the web portal.
(5) The department shall ensure that the web portal described in Subsection (2) is fully operational no later than July 1, 2024.
This chapter is known as the "Employment Support Act."
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.
(3) "Applicant" means a person who requests assistance under this chapter.
(4) "Approved self-reliance training" means an educational class, training session, or counseling session:
(a) approved by the department;
(b) described in Section 35A-3-118; and
(c) provided at no cost to a client.
(5) "Assignment of support" means the transfer to the state of a recipient's right to receive support from another person that accrues during the period the recipient receives public assistance, including a right to receive support on behalf of any family member for whom the recipient is applying for or receiving assistance.
(6) "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.
(7) "Cash assistance" means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302.
(8) "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 rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(9)
(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.
(10) "Core programs" means the following activities as described in 29 U.S.C. Sec. 3102:
(a) youth services;
(b) adult employment and training services;
(c) dislocated worker employment and training services;
(d) adult education and literacy activities;
(e) employment services; and
(f) vocational rehabilitation services.
(11) "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.
(12) "Date of enrollment" means the date on which the applicant was approved as eligible for cash assistance.
(13) "Director" means the director of the division assigned by the department to administer a program.
(14) "Diversion" or "diversion payment" means a one-time cash assistance payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require extended cash assistance under Part 3, Family Employment Program.
(15) "Education or training" means education or training in accordance with 29 U.S.C. Sec. 3174 and includes:
(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 or occupational skills training;
(h) on-the-job training;
(i) incumbent worker training;
(j) programs that combine workplace training with related instruction, which may include cooperative education programs;
(k) training programs operated by the private sector;
(l) skills upgrading and retraining;
(m) entrepreneurial training; or
(n) customized training conducted with a commitment by an employer to employ an individual upon successful completion of the training.
(16) "Full-time education or training" means training on a full-time basis as defined by the educational institution attended by the parent recipient.
(17) "General assistance" means financial assistance provided to a person under Part 4, General Assistance.
(18) "Licensed clinical therapist" means an individual licensed by the state under:
(a) Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
(b) Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
(c) Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act; or
(d) Title 58, Chapter 61, Psychologist Licensing Act.
(19) "Notice of agency action" means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201.
(20) "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.
(21)
(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.
(22) "Parent recipient" means a person who enters into an employment plan with the department to qualify for cash assistance under Part 3, Family Employment Program.
(23) "Performance goals" means a target level of performance that will be compared to actual performance.
(24) "Performance indicators" means actual performance information regarding a program or activity.
(25) "Performance monitoring system" means a process to regularly collect and analyze performance information, including performance indicators and performance goals.
(26) "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 42 U.S.C. Sec. 602.
(27) "Recipient" means a person who is qualified to receive, is receiving, or has received assistance under this chapter.
(28) "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.
(29) "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.
The department shall:
(1) administer public assistance programs assigned by the Legislature and the governor;
(2) determine eligibility for public assistance programs in accordance with the requirements of this chapter;
(3) cooperate with the federal government in the administration of public assistance programs;
(4) administer state employment services;
(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 effective and efficient operation of the programs administered by the department;
(9) provide refugee resettlement services in accordance with Section 35A-3-803;
(10) provide child care assistance for children in accordance with Part 2, Office of Child Care;
(11) provide services that enable an applicant or recipient to qualify for affordable housing in cooperation with:
(a) the Utah Housing Corporation;
(b) the Division of Community Services;
(c) the Division of Housing and Community Development within the Governor's Office of Economic Development; and
(d) local housing authorities;
(12) administer the Medicaid Eligibility Quality Control function in accordance with 42 C.F.R. Sec. 431.812; and
(13) conduct non-clinical eligibility hearings and issue final decisions in adjudicative proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for medical assistance eligibility under:
(a) Title 26B, Chapter 3, Health Care - Administration and Assistance; or
(b) Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program.
(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) 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 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.
The department may contract with other public or private agencies to assist in the administration and provision of public assistance.
(1) Except as prohibited by federal law, the department may have access to relevant information contained in the income tax returns of an applicant, a recipient, or a person who has a duty to support 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 department shall be:
(a) provided by the State Tax Commission, to the extent authorized by federal law, on forms provided by the department; and
(b) treated by the department as a private record under Title 63G, Chapter 2, Government Records Access and Management Act.
(1) An applicant is only eligible for public assistance under this chapter if the applicant is living in Utah voluntarily with the intention of making the state the applicant's place of residence.
(2) An applicant is not eligible for public assistance under this chapter if the applicant is living in Utah for a temporary purpose.
(1)
(a) An applicant shall provide an assignment of support 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 state, including a right to support on behalf of any family member for whom the recipient is applying for or receiving assistance, even if the recipient has not executed and delivered an assignment of support to the department as required by Subsection (1)(a).
(2) An assignment of support, or a right to receive support passed to the state, includes payments ordered, decreed, or adjudged by a court within this state, 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 state under this section, the recipient is eligible to regular monthly assistance and the support paid to the state is a refund.
(4) All 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.
(5) On and after the date a recipient stops receiving cash assistance, an assignment of support under this section does not apply to support that accrued before the recipient received the cash assistance if:
(a) the state has not collected the support by the date the recipient stops receiving cash assistance; and
(b) the assignment was executed on or after October 1, 1998.
(6) The state shall distribute arrearages to a recipient in accordance with the requirements of the Social Security Act, 42 U.S.C. Sec. 657.
(7) When an assignment of support includes child support, the total amount of child support assigned to the state and collected under this section may not exceed the total amount of cash assistance received by the recipient.
(1) At the discretion of the department, the department may pay the public assistance to the legal guardian of a recipient.
(2) The department may only provide cash assistance on behalf of an eligible recipient under Part 3, Family Employment Program, to another individual interested in or concerned with the welfare of the recipient if:
(a) by reason of the recipient's physical or mental condition, the recipient is unable to manage funds;
(b) the provision of cash assistance directly to the recipient would be contrary to the recipient's welfare; or
(c) the department is acting according to federal requirements.
(3) The department shall:
(a) undertake or contract with other state agencies to make special efforts to protect the welfare of a recipient and improve the recipient's capacity for self-care; and
(b) periodically review a recipient's condition to determine whether, in the best interest of the recipient:
(i) cash assistance that is provided to an individual other than the recipient should be discontinued; or
(ii) a legal guardian should be appointed.
(1) If the department expends public assistance on behalf of a recipient for services or supplies, for which another person is obligated to reimburse the 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 the reimbursement within 60 days.
(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.
(1) The department shall recover overpayments as described in Section 35A-3-603.
(2) An excess property lien that is required by a department program, but is not transferred to the federal government, remains a condition of eligibility in public assistance programs.
(3) A 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.
(1) Public assistance provided under this chapter is not assignable at law or in equity.
(2) None of the money paid or payable under this chapter is subject to:
(a) execution, levy, attachment, garnishment, or other legal process; or
(b) the operation of bankruptcy or insolvency law.
Except for criminal proceedings, a person may not charge or receive a fee for representing an applicant or recipient in a proceeding under this chapter, or with respect to an application, in an amount greater than the amount determined by the court or body before whom an applicant or recipient has been represented regardless of who pays the charge or fee.
(1) If the department determines that it is not prohibited under federal law or regulation, a client who is at least 21 years old, but who is younger than 65 years old, and who is receiving public assistance under this chapter, shall complete at least two hours of approved self-reliance training within 90 days of the first day of receiving public assistance.
(2) If the department determines that federal law or regulation regarding a specific service or benefit under this chapter prohibits requiring a client to complete at least two hours of self-reliance training within 90 days of first receiving public assistance, the department shall:
(a) seek a waiver from the appropriate federal agency to allow requiring the training; and
(b) inform the client about the option of completing self-reliance training.
(3) The department shall ensure that approved self-reliance training:
(a) is designed to help clients learn to become financially stable and less dependent on government assistance;
(b) teaches skills and knowledge that will assist clients in becoming self-reliant;
(c) is available at sufficient times and places to enable clients to reasonably complete the training;
(d) is offered at no cost to clients;
(e) includes an option for online training; and
(f) is provided and taught in a manner that is sensitive to the specific needs and challenges of clients, including:
(i) employment situations and work schedules;
(ii) health or disability related employment issues;
(iii) family care responsibilities and schedules; and
(iv) transportation issues.
(4) Approved self-reliance training may be offered by the department or any of the following if approved by the department:
(a) a civic organization as defined in Section 35A-3-102;
(b) a for-profit entity;
(c) an educational institution; or
(d) any state or local entity.
(5) The director may contract with a civic organization to provide approved self-reliance training, if the director follows the procedures for contracting with a civic organization for the provision of social capital as described in Section 35A-3-507.
(6) As part of the annual written report described in Section 35A-1-109, the department shall:
(a) describe what entities are providing approved self-reliance training;
(b) provide the number of clients who have completed at least two hours of approved self-reliance training;
(c) describe any services or benefits under this chapter that may not be conditioned on the completion of self-reliance training because of federal law or regulation; and
(d) describe the response to any waiver request described in Subsection (2)(a).
(7) A client's completion of the approved self-reliance training described in Subsection (1) is not a condition of the client continuing to receive public assistance.
As used in this part:
(1) "Child care" means the child care services defined in Section 35A-3-102 for:
(a) children age 12 or younger; and
(b) children with disabilities 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)
(a) "Income" means gross income, whether earned or unearned, as defined by rule made in accordance with Section 35A-3-203.
(b) "Income" does not include:
(i) income from means-tested programs, including:
(A) Temporary Assistance to Needy Families;
(B) the Social Security Act; and
(C) the Supplemental Nutrition Assistance Program;
(ii) in-kind income;
(iii) scholarship, grant, or bona fide loan money;
(iv) a federal or state income tax credit; or
(v) a nonrecurring lump sum benefit.
(6) "Income-eligible child" means a child whose:
(a) family income does not exceed 85% of state median income for a family of the same size; and
(b) family assets do not exceed the limit established by the office through rule created in accordance with Section 35A-3-203.
(7) "Office" means the Office of Child Care created in Section 35A-3-202.
(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.
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:
(a) child care training;
(b) child care resource and referral core services; and
(c) training and education regarding child behavioral health interventions and competencies;
(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, early childhood programs, and school age programs throughout the state:
(a) the State Board of Education;
(b) the Department of Health; and
(c) the Division of Substance Abuse and Mental Health within the Department of Human Services;
(8) research child care programs and public policy to improve the quality and accessibility 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;
(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; and
(12) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with state and federal law:
(a) establishing the eligibility requirements for a child care provider to receive a grant or subsidy, including for the following:
(i) providing child care for an income-eligible child who is 12 years old or younger; and
(ii) providing child care for an income-eligible child with disabilities who is 18 years old or younger; and
(b) prioritizing awards of child care grants or subsidies for income-eligible children within available funds.
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 donations from public or private sources to assist the office in fulfilling its statutory obligations.
(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 26B, Chapter 2, Part 1, Human Services 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 a grant under this section, the department shall:
(a) request proposals for funding from potential qualified sponsors; and
(b) ensure that each dollar of funds from political subdivisions or private funds is matched for each dollar received from the department.
(4) In meeting the matching requirements under Subsection (3), the department may consider the value of in-kind contributions, including materials, supplies, paid labor, volunteer labor, and the incremental increase in building maintenance and operation expenses incurred attributable to the prevention program.
(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 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 described in Subsection (5)(b)(i).
(6) The department shall award at least 50% of the grants under this section to organizations described in Subsection (1)(b)(iv).
(7) The department may not allow the use of federal funds as matching funds under this act.
(1) As used in this section, "child care provider" means an entity that holds a license or certificate from the Department of Health and Human Services in accordance with Title 26B, Chapter 2, Part 4, Child Care Licensing.
(2)
(a) On or before June 30, 2023, the office shall award a full child care subsidy or grant for an income-eligible child.
(b) The office shall make the award described in Subsection (2)(a):
(i) in accordance with applicable federal law and regulation; and
(ii) subject to available funds.
(3)
(a) Beginning on July 1, 2023 and subject to Subsection (3)(b), the office may award:
(i) a full child care subsidy or grant for:
(A) an income-eligible child whose family income is equal to or below 75% of state median income; or
(B) a child who has at least one parent or legal guardian working as a full-time employee of a child care provider; and
(ii) a progressively lower child care subsidy or grant for each tenth of a percentage point by which the income-eligible child's family income exceeds 75% of state median income up to 85% of state median income.
(b) The office shall make the award described in Subsection (3)(a):
(i) in accordance with applicable federal law and regulation; and
(ii) subject to available federal funds.
(4)
(a) On or before June 30, 2023, and subject to Subsection (4)(b), the office shall determine the amount of a child care subsidy or grant based on the income-eligible child's enrollment in child care.
(b) To qualify for a child care subsidy or grant under Subsection (4)(a), an income-eligible child shall be enrolled in child care for a minimum of eight hours per month.
(c) On or after July 1, 2023, and subject to Subsection (4)(d), the office shall determine the amount of a child care subsidy or grant based on the income-eligible child's attendance in child care.
(d) To qualify for a child care subsidy or grant under Subsection (4)(c), an income-eligible child shall attend child care for a minimum of eight hours per month.
(1) The Legislature finds that:
(a) employment improves the quality of life for parents, children, and individuals by increasing family income, developing job skills, and improving self-esteem; and
(b) the purpose of the cash assistance provided under this part is to assist a parent recipient to obtain employment that is sufficient to sustain a family, to ensure the dignity of those receiving assistance, to prevent families with children from becoming homeless, and to strengthen families.
(2) The Legislature recognizes that even with assistance, some recipients may be unable to attain complete self-sufficiency.
(1) There is created the "Family Employment Program" to provide cash assistance under this part.
(2)
(a) The department shall submit a state plan to the Secretary of the United States Department of Health and Human Services to obtain funding under the federal Temporary Assistance for Needy Families Block Grant.
(b) The department shall make the state plan consistent with this part and federal law.
(c) If a discrepancy exists between a provision of the state plan and this part, this part supersedes the provision in the state plan.
(3) The services 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) 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) To determine eligibility, the department may not consider money on deposit in an Individual Development Account established under Section 35A-3-312.
(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 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) amount of cash assistance a family is eligible to receive.
(b) The department shall submit the report under Subsection (8)(a) prior to implementing the proposed rule change.
(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.
(d) The department may use the Notice of Proposed Rule Amendment form filed with the Office of Administrative Rules as its report if the notice contains the information required under Subsection (8)(c).
(9) 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 described under Subsection (10)(a), (b), or (c) may not allow an individual to access the assistance under this section on the establishment's premises through an electronic benefit transfer, including through an automated teller machine or point-of-sale device.
(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.
(1)
(a) When an applicant applies for cash assistance under this part, the department shall assess whether the applicant should be helped by:
(i) diversion to avoid extended cash assistance; or
(ii) normal cash assistance under this part.
(b) In completing the assessment 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.
(2) If the department determines that the applicant should be helped by diversion and the applicant agrees with this determination, the 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) If the department determines that diversion is not appropriate, an applicant may receive cash assistance as provided in this part.
(1)
(a) Within 30 business days of the date of enrollment, the department shall provide that a parent recipient:
(i) is assigned an employment counselor; and
(ii) completes an assessment provided by the department regarding the parent recipient's:
(A) prior work experience;
(B) ability to become employable; and
(C) skills.
(b) The assessment provided under Subsection (1)(a)(ii) shall include a survey to be completed by the parent recipient with the assistance of the department.
(2)
(a) Within 15 business days of a parent recipient completing an assessment:
(i) the department and the parent recipient shall enter into an employment plan; and
(ii) the parent recipient shall complete a written questionnaire, provided by the department, designed to accurately determine the likelihood of the parent recipient having a substance use disorder involving the misuse of a controlled substance.
(b) The employment plan shall have a target date for entry into employment.
(c) The department shall provide a copy of the employment plan to the parent recipient.
(d) For the parent recipient, the employment plan may include:
(i) job searching requirements;
(ii) if the parent 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 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 recipient to:
(i) participate in treatment for a substance use disorder; and
(ii) meet the other requirements of Section 35A-3-304.5.
(f) 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 recipient to obtain education or training necessary for employment;
(iii) assisting the parent recipient to set up and follow a household budget; and
(iv) assisting the parent recipient to obtain employment.
(g) The department may amend the employment plan to reflect new information or changed circumstances.
(h) If immediate employment is an activity in the employment plan, the parent recipient shall:
(i) promptly commence a search for employment for a specified number of hours each week; and
(ii) regularly submit a report to the 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 department.
(i)
(i) If full-time education or training to secure employment is an activity in an employment plan, the parent 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) The department may only provide cash assistance under this part if the parent recipient agrees in writing to make a good faith effort to comply with the parent recipient's employment plan.
(ii) The department shall establish a process to reconcile disputes between a parent recipient and the department as to whether:
(A) the parent recipient has made a good faith effort to comply with the employment plan; or
(B) the 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) The department may only provide cash assistance on behalf of a minor child under this part if the minor child is:
(a) enrolled in and attending school in compliance with Sections 53G-6-202 and 53G-6-203; or
(b) exempt from school attendance under Section 53G-6-204.
(4) This section does not apply to a person who has received diversion assistance under Section 35A-3-303.
(5)
(a) The department may recruit and train volunteers to serve as mentors for parent recipients.
(b) A mentor may advocate on behalf of a parent recipient and help a parent recipient:
(i) develop life skills;
(ii) implement an employment plan; or
(iii) obtain services and support from:
(A) the volunteer mentor;
(B) the department; or
(C) civic organizations.
(1)
(a) If the results of the written questionnaire described in Subsection 35A-3-304(2) indicate a reasonable likelihood that a parent recipient may have a substance use disorder involving the misuse of a controlled substance, the department shall require the parent recipient to meet with a licensed clinical therapist and be evaluated for a potential substance use disorder involving the misuse of a controlled substance.
(b) If the licensed clinical therapist determines that there is a reasonable likelihood that the parent recipient may have a substance use disorder involving the misuse of a controlled substance, the department shall require the parent applicant to take a drug test at the department's expense in order to continue to receive cash assistance under this part.
(2) If a parent recipient refuses to meet with a licensed clinical therapist or take a drug test if required under Subsection (1), the department shall terminate cash assistance under this part and the parent recipient may not reapply for cash assistance under this part for:
(a) 90 days after a first refusal to meet with a licensed clinical therapist or take a drug test; or
(b) one year after a second refusal to meet with a licensed clinical therapist or 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 recipient may advise the person administering the test regarding any prescription or over-the-counter medication the parent recipient 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 recipient tests negative for the unlawful use of a controlled substance after taking a drug test under Subsection (1), the parent recipient is eligible for cash assistance, subject to the other eligibility requirements of this part.
(7) If a parent recipient tests positive for the unlawful use of a controlled substance after taking a drug test under Subsection (1), the parent recipient:
(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 recipient enters into and follows the requirements of the parent recipient's employment plan, including:
(i) receiving treatment, at the 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 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)
(a) The department shall terminate cash assistance under this part, if a parent recipient:
(i) declines to enter into an employment plan required by Subsection (7); or
(ii) enters into, but fails to meet, a requirement of an employment plan under Subsection (7), including if the parent recipient 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.
(b) A parent recipient whose cash assistance has been terminated under Subsection (8)(a) may not reapply for cash assistance under this part for:
(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 recipient is no longer eligible for cash assistance; or
(ii) one year after the day on which the department determines, under this Subsection (8), that the parent recipient 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 recipient is no longer eligible for cash assistance under this Subsection (8).
(1) As used in this section, "battered or subjected to extreme cruelty" has the same meaning as defined in 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 department may not provide cash assistance to a family who has received cash assistance for 36 months or more.
(3)
(a) The department shall count toward the time limit described in Subsection (2) any time after January 1, 1997, during which:
(i) the parent recipient received cash assistance in this or another state; and
(ii) the parent recipient is disqualified from receiving cash assistance and the parent recipient's income and assets are counted in determining eligibility for the family in this or another state.
(b) The department may not count toward the time limit described in Subsection (2) or the time period described in Subsection (4) any time during which:
(i) a person 18 years of age or older received cash assistance as a minor child and not as a parent; or
(ii) a parent recipient received transitional cash assistance under Subsection (5).
(4)
(a) The department may provide cash assistance to a family for up to 24 months beyond the time limit described in Subsection (2) if during the previous two months the parent recipient was employed for at least 20 hours per week.
(b) Notwithstanding the time limit described in Subsection (2), the department may provide cash assistance to a family beyond the time limit in Subsection (2):
(i) by reason of a hardship;
(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) Notwithstanding the time limit established in Subsection (4)(a), the department may provide cash assistance to a family beyond the additional 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.
(e) Except as provided in Subsections (4)(b) and (c), the 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 30 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.
(1) The 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;
(b) participate in education for parenting and life skills;
(c) participate in infant and child wellness programs approved by the department; and
(d) for at least 20 hours per week:
(i) 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 department determines that the requirements of Subsection (2)(a) are not appropriate for a single minor parent, the department may assist the single minor parent to obtain suitable living arrangements, including an adult-supervised living arrangement.
(b) The department may only provide cash assistance to a single minor parent who is exempt from the requirements of Subsection (2)(a) if the single minor parent resides in a living arrangement that is approved by the department.
(c) The approval by the 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 department shall include the income of the parent of the single minor parent in determining the single minor parent's eligibility for services under this part.
(b) If a single minor parent receives services under this chapter but does not reside with a parent, the department shall seek an order under Title 81, Chapter 6, Child Support, 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.
(1) The department may provide assistance under this section to an applicant who is pregnant and is not receiving cash assistance at the beginning of the third trimester of pregnancy.
(2) For a pregnant applicant, the department shall:
(a) refer the applicant for appropriate prenatal medical care, including maternal health services provided under Title 26B, Chapter 7, Part 1, Health Promotion and Risk Reduction;
(b) inform the applicant of free counseling about adoption from licensed child placement agencies and licensed attorneys; and
(c) offer the 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 available to the applicant under this section.
(4)
(a) A recipient remains eligible for assistance under this section, even though the recipient relinquishes a child for adoption, if the adoption is in accordance with Sections 81-13-212 and 81-13-213.
(b) The assistance provided under this section may include:
(i) reimbursement for expenses associated with care and confinement during pregnancy as provided in Subsection (5); and
(ii) for a maximum of 12 months from the date of relinquishment, coordination of services to assist the 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 26B, Chapter 3, Health Care - Administration and Assistance, if the recipient is otherwise eligible; and
(F) receiving counseling and other mental health services.
(5)
(a) Except as provided in Subsection (5)(b), a 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 recipient is otherwise eligible to receive cash assistance under this part, the recipient is eligible to receive an amount equal to the increase in cash assistance the recipient would have received but for the relinquishment for up to 12 consecutive months from the date of relinquishment.
(6)
(a) To remain eligible for assistance under this section, a recipient shall:
(i) with the cooperation of the department, develop and implement an employment plan that includes goals for achieving self-sufficiency and that describes the action the recipient will take concerning education and training to achieve full-time employment;
(ii) if the 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 described in Section 35A-3-304.
(b) Cash assistance provided to a recipient before the 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 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 department shall monitor a recipient's compliance with this section.
(f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the state plan.
(1) The department shall provide information and service coordination to assist an applicant in obtaining affordable housing.
(2) The information and services may include:
(a) information from the Utah Housing Corporation, the Division of Community Services, and the Division of Housing and Community Development within the Governor's Office of Economic Development regarding special housing programs, including programs for first-time home buyers and 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 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 in obtaining affordable housing, including first-time home ownership.
(1) An applicant may receive assistance for child care under this part for a minor child in the care and custody of the parent 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 department.
(2) The department shall encourage a parent recipient to obtain child care at no cost from a parent, sibling, relative, or other suitable provider.
(3) 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.
(1) This section applies to a child care provider who:
(a)
(i) is selected by 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 in accordance with department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
(a) A child care provider identified under Subsection (1) shall submit to the department the name and other identifying information, including a set of fingerprints, of:
(i) existing, new, and proposed 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 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; and
(ii) submit required fingerprints to the U.S. Federal Bureau of Investigation for a national criminal history background check of the individual.
(c) The child care provider shall pay the cost of the history background check provided under Subsection (2)(b).
(3)
(a) 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 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 age 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 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 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 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 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).
(1) 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.
(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 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 58-37-101.
(c) As a condition for receiving cash assistance under this part, a drug dependant person, as defined in Section 58-37-101, shall:
(i) receive available treatment for the dependency; and
(ii) make progress toward overcoming the dependency.
(d) The department may only refer a recipient who is a drug dependent person to a treatment provider for treating drug dependency if the provider has achieved an objective level of success, as defined by department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(1) As used in this section:
(a) "Individual development account" means a trust account funded through periodic contributions by a recipient and matched by or through a not-for-profit organization organized under Section 501(c)(3) or (19), 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 recipient to enable the recipient to accumulate funds for the following purposes:
(a) postsecondary educational expenses, 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 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 to allow a recipient with a disability to participate in work-related activities.
(3) A recipient may only deposit earned income and funds received from a not-for-profit organization into an individual development account.
(1) The department shall establish a performance monitoring system for cash assistance provided under this part.
(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.
(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.
(b)
(i) The legislative fiscal analyst or the analyst's designee shall convey the information described in Subsection (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.
(ii) The subcommittee may consider the information in its deliberations regarding the budget for services under this chapter.
(1)
(a) The department may provide General Assistance to individuals who are:
(i) not receiving cash assistance under Part 3, Family Employment Program, or Supplemental Security Income; and
(ii) unemployable according to standards established by the department.
(b)
(i) General Assistance described in Subsection (1)(a) may include payment in cash or in kind.
(ii) The department may provide General Assistance up to an amount that is no more than the existing payment level for an otherwise similarly situated recipient receiving cash assistance under Part 3, Family Employment Program.
(iii) Funding for General Assistance is nonlapsing.
(c) The department shall establish asset limitations for a General Assistance applicant.
(d)
(i) General Assistance may be granted to meet special nonrecurrent needs of an applicant for the federal Supplemental Security Income for the Aged, Blind, and Disabled program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the department for assistance advanced to the applicant while awaiting the determination of eligibility by the Social Security Administration.
(ii)
(A) Reimbursements to the department described in Subsection (1)(d)(i) up to and including $250,000 collected in a fiscal year shall be used by the department to administer the General Assistance program and provide General Assistance to eligible applicants.
(B) Reimbursements to the department described in Subsection (1)(d)(i) over $250,000 collected in a fiscal year shall be deposited into the General Fund.
(iii) General Assistance payments may not be made to a 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 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 26B-8-225 applies.
(iii) The department shall fix the cost of a reasonable burial and conditions under which burial expenditures may be made.
(2) The department may cooperate with any governmental unit or agency, or any private nonprofit agency, in establishing work projects to provide employment for employable persons.
The department shall provide grants for General Assistance under Section 35A-3-401 on an ongoing basis for individuals who are unemployable:
(1) within amounts appropriated by the Legislature; and
(2) calculated in a manner substantially similar to cash assistance as provided in Section 35A-3-302.
This part is known as the "Social Capital Formation Act."
(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.
(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.
(1) Using social capital, an applicant for services under this chapter may receive a wide array of services that cannot be provided by state government alone.
(2) The Legislature recognizes:
(a) the constitutional limits of state government to sustain civic institutions that provide social capital;
(b) that the state does not create nor can it replace civic institutions; and
(c) that state government should respect, recognize, and, wherever possible, constitutionally encourage strong civic institutions that sustain a sense of community.
(1)
(a) Services and supports provided by a civic organization under this part are in addition to, and not in lieu of, any service provided by the department to a recipient.
(b) Receipt of services from a civic organization may not diminish a recipient's eligibility for services from the department.
(2) 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 department under Section 35A-3-507.
(1) The department:
(a) shall assess whether an applicant is receptive to and would benefit from a service provided by a civic organization; and
(b) may inform the applicant of the availability of services provided by civic organizations.
(2)
(a) If an applicant chooses to receive services from a civic organization, the department shall facilitate the applicant's referral to one or more appropriate civic organizations.
(b) If an applicant chooses not to receive the services of a civic organization or requests services available under this chapter in addition to the services of a civic organization, the department shall process the application as provided under this chapter.
If a recipient receives a diversion payment under Section 35A-3-303, the department:
(1) shall assess whether the recipient is receptive to and would benefit from services from a civic organization; and
(2) may inform the recipient of the services that civic organizations provide.
(1)
(a) The director or the director's designee may issue a request for proposals to civic organizations for the purpose of contracting with the department for the provision of social capital.
(b) 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 a contract with a civic organization, which shall include:
(a) the funding, if any, to be provided to the civic organization by the department;
(b) the geographical boundary within which the civic organization is to provide services to individuals referred by the department;
(c) a description of the services to be provided by the civic organization to an applicant or recipient;
(d) the performance monitoring system to be used by the civic organization to evaluate the effectiveness of the services that it provides; and
(e) other provisions that the department and civic organization consider appropriate.
(3)
(a) A contract between the 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 is required to comply with all applicable state and federal law with respect to those funds, including any audit, recordkeeping, and financial accounting requirements.
(4) The services provided by civic organizations under this section do not include eligibility determinations, cash assistance, SNAP benefits, or quality assurance related to these functions.
(1) The department, in cooperation with the coalition described in Section 35A-3-510, shall complete a statewide inventory of interested civic organizations, which inventory shall include for each participating civic organization:
(a) a description of the services provided;
(b) the geographical locations served;
(c) methods of accessing services; and
(d) eligibility requirements for services.
(2) The inventory shall be maintained, updated annually, and made available in a usable form as a resource directory for employment counselors in the department.
(1) The director shall convene a coalition of civic organizations, representatives of the department, representatives of state and local agencies, advocacy organizations, public officials, community leaders, members of the Legislature, and other persons and organizations as determined by the executive director.
(2) The coalition shall offer advice to the director on issues relevant to this part.
This part is known as the "Administrative Determination of Overpayments Act."
(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 76-8-1203.1, 76-8-1203.3, 76-8-1203.5, or 76-8-1203.7.
(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;
(ii) a civil penalty of 50% of the amount of the overpayment for overpayments related to assistance for child care services;
(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); and
(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 Subsections (4)(b)(iii) and (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 and Human Services from carrying out its responsibilities under Title 26B, Chapter 3, Part 10, Medical Benefits Recovery, and Title 26B, Chapter 3, Part 11, Utah False Claims Act.
(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(3) and (4) or Section 76-8-1203.1, 76-8-1203.3, 76-8-1203.5, or 76-8-1203.7.
(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 attorney 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, attorney fees, and costs, if notice of the assessment has been included in a notice of agency action issued in 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;
(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.
(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 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.
(2) The department may accept voluntary acknowledgment of an overpayment obligation and enter into stipulated agreements to issue orders and judgments.
(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.
(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.
(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.
(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)
(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.
(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.
(1)
(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 property that may be subject to execution or lien may not pay over, release, sell, transfer, encumber, or convey that property to a person other than the department.
(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, the person may, without liability under this part, release the excess to the obligor.
(1) 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) 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.
The department may not take action for the enforcement of an order or lien issued under this part unless the action is commenced within eight years of the date of the order.
(1) A party may be represented by legal counsel at a hearing held under this part.
(2) At the request of the department, the attorney general or the county attorney shall represent the department in a proceeding commenced under this part.
As used in this part:
(1) "Director" means the director of the Refugee Services Office.
(2) "Office" means the Refugee Services Office created in Section 35A-3-802.
(3) "Refugee" means a person who is lawfully present in the United States and who meets the definition of a refugee under the Immigration and Nationality Act, 8 U.S.C. Sec. 1101(a)(42), and related federal regulations.
(1) There is created within the department a Refugee Services Office.
(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.
(1) The office shall:
(a) provide refugee resettlement services to eligible refugees pursuant to federal regulations;
(b) operate a refugee cash assistance program;
(c) provide administrative support services to any refugee advisory committee;
(d) work collaboratively with community partners for the delivery of services to refugees;
(e) coordinate with the department to include in the annual written report, described in Section 35A-1-109, information regarding refugee services; and
(f) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with state and federal law establishing the eligibility requirements for refugee case assistance.
(2) The office may apply for, accept, or expend gifts or donations from public or private sources.
(1) The director shall:
(a) enforce rules made by the department regulating the use of services provided by the office; and
(b) supervise office staff and prepare an annual work plan.
(2) The director may apply for, accept, and expend donations from public or private sources to assist the office in fulfilling its statutory obligations.
(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 into 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 entity that successfully applies for a grant.
(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.
(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 provisions 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.
This chapter is known as the "Employment Security Act."
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Unemployment is therefore a subject of general interest and concern that requires appropriate action by the Legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and the unemployed worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This objective can be furthered by operating free public employment offices in affiliation with a nation-wide system of employment services, by devising appropriate methods for reducing the volume of unemployment and by the systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of unemployment. The Legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this state require the enactment of this measure, under the police power of the state, for the establishment and maintenance of free public employment offices and for the compulsory setting aside of unemployment reserves to be used for the benefit of unemployed persons.
(1)
(a) Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter is void.
(b) Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions, required under this chapter from the employer, is void.
(c) An employer may not directly or indirectly:
(i) make, require, or accept any deduction from wages to finance the employer's contributions required from the employer;
(ii) require or accept any waiver of any right under this chapter by any individual in the employer's employ;
(iii) discriminate in regard to the hiring or tenure of work on any term or condition of work of any individual on account of the individual claiming benefits under this chapter; or
(iv) in any manner obstruct or impede the filing of claims for benefits.
(d)
(i) Any employer or officer or agent of an employer who violates Subsection (1)(c) is, for each offense, guilty of a class B misdemeanor.
(ii) Notwithstanding Sections 76-3-204 and 76-3-301, a fine imposed under this Subsection (1) shall be not less than $100, and a penalty of imprisonment shall be not more than six months.
(2) An individual claiming benefits may not be charged fees or costs of any kind in any proceeding under this chapter by the department or its representatives, or by any court or any officer of the court.
(3)
(a) Any individual claiming benefits in any proceeding before the department or its representatives or a court may be represented by counsel or any other authorized agent.
(b) An authorized agent, who is not an attorney, may not charge or receive for the authorized agent's services more than an amount approved by the division or administrative law judge in accordance with rules made by the department.
(4) Except as provided for in Subsection (5):
(a) any assignment, pledge, or encumbrance of any right to benefits that are or may become due or payable under this chapter is void;
(b) rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt;
(c) benefits received by any individual, so long as they are not mingled with other funds of the recipient, are exempt from any remedy for the collection of all debts except debts incurred for necessaries furnished to the individual or the individual's spouse or dependents during the time when the individual was unemployed; and
(d) any waiver of any exemption provided for in Subsection (4) is void.
(5)
(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes:
(i) child support obligations; or
(ii) an uncollected overissuance of SNAP benefits.
(b) If the individual owes child support obligations, and is determined to be eligible for unemployment compensation, the division shall notify the state or local child support agency charged with enforcing that obligation that the individual is eligible for unemployment compensation.
(c) The division shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations:
(i) any amount required to be deducted and withheld from unemployment compensation under legal process, as defined in the Social Security Act, 42 U.S.C. Sec. 659(i), properly served upon the department;
(ii) the amount determined under an agreement submitted to the division under Subsection 454 (19)(B)(i) of the Social Security Act, 42 U.S.C. Sec. 654, by the state or local child support enforcement agency, except if Subsection (5)(c)(i) is applicable; or
(iii) the amount specified by the claimant to the division if neither Subsection (5)(c)(i) nor (ii) is applicable.
(d) The division shall notify the state SNAP agency that an individual is eligible for unemployment compensation if the individual:
(i) owes an uncollected overissuance of SNAP benefits; and
(ii) is determined to be eligible for unemployment compensation.
(e) The division shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of SNAP benefits:
(i) the amount specified by the individual to the division to be deducted and withheld under this Subsection (5)(e);
(ii) the amount, if any, determined pursuant to an agreement submitted to the state SNAP agency under Section 13(c)(3)(B) of the Food and Nutrition Act of 2008; or
(iii) any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to Section 13(c)(3)(B) of the Food and Nutrition Act of 2008.
(f) Any amount deducted and withheld under Subsection (5)(c) or (e) shall:
(i) be paid by the department to the appropriate:
(A) state or local child support enforcement agency; or
(B) state SNAP agency; and
(ii) for all purposes, be treated as if it was paid to the individual as unemployment compensation and then paid by the individual to the appropriate:
(A) state or local child support enforcement agency in satisfaction of the individual's child support obligation; or
(B) state SNAP agency in satisfaction of the individual's uncollected overissuance.
(g) For purposes of this Subsection (5):
(i) "Child support obligation" means obligations that are enforced under a plan described in Section 454 of the Social Security Act, 42 U.S.C. Sec. 654, that has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et seq.
(ii) "State SNAP agency" means the Department of Workforce Services or its designee responsible for the collection of uncollected overissuances.
(iii) "State or local child support enforcement agency" means any agency or political subdivision of the state operating under a plan described in this Subsection (5).
(iv) "Uncollected overissuance" is as defined in Section 13(c)(1) of the Food and Nutrition Act of 2008.
(v) "Unemployment compensation" means any compensation payable under this chapter, including amounts payable under an agreement directed by federal law that provides compensation assistance or allowances for unemployment.
(h) This Subsection (5) is applicable only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency or state SNAP agency for the administrative costs of the department under this Subsection (5) that are directly related to the enforcement of child support obligations or the repayment of uncollected overissuance of SNAP benefits.
(1) In any civil action to enforce the provisions of this chapter the department may be represented by any qualified attorney who is employed by the department and is designated by it for this purpose, or at the department's request by the attorney general, or if the action is brought in the courts of any other state by any attorney qualified to appear in the courts of that state.
(2) All criminal actions for violation of any provision of this chapter, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney general of the state; or, at the attorney general's request and under the attorney general's direction, by the prosecuting attorney of any county in which the employing unit has a place of business or the violator resides.
(1) The division is authorized to enter into reciprocal arrangements with appropriate and authorized agencies of other states or of the federal government, or both, in accordance with Subsections (1)(a) through (d):
(a) Services performed by an individual for a single employing unit for which services are customarily performed in more than one state shall be considered to be services performed entirely within any one of the states:
(i) in which any part of the individual's service is performed;
(ii) in which the individual has the individual's residence; or
(iii) in which the employing unit maintains a place of business, if there is in effect, as to such services, an election, approved by the agency charged with the administration of such state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are considered to be performed entirely within the state.
(b) The division shall participate in any arrangements for the payment of benefits on the basis of combining an individual's wages and employment covered under this chapter with the individual's wages and employment covered under the unemployment compensation laws of other states that:
(i) are approved by the Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations; and
(ii) include provisions for:
(A) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws; and
(B) avoiding the duplicate use of wages and employment by reason of such combining.
(c)
(i) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be considered to be wages for insured work for the purpose of determining the individual's rights to benefits under this chapter.
(ii) Wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter shall be considered to be wages or services on the basis of which unemployment compensation under the law of another state or of the federal government is payable.
(iii) An arrangement may not be entered into unless it contains provisions for reimbursements:
(A) to the fund for the benefits paid under this chapter upon the basis of such wages or services; and
(B) from the fund for such of the compensation paid under the other law upon the basis of wages for insured work, as the director of the division finds will be fair and reasonable as to all affected interests.
(d)
(i) Contributions due under this chapter with respect to wages for insured work shall, for the purposes of Section 35A-4-305, be considered to have been paid to the fund as of the date payment was made as contributions therefor under another state or Federal Unemployment Compensation Law.
(ii) An arrangement may not be entered into unless it contains provisions for the reimbursement to the fund of the contributions and the actual earnings thereon as the director of the division finds will be fair and reasonable as to all affected interests.
(2)
(a) Reimbursement paid from the fund pursuant to Subsection (1)(c) shall be considered to be benefits for the purpose of Sections 35A-4-401 and 35A-4-501.
(b) The division is authorized to make to other state or federal agencies and to receive from other state or federal agencies reimbursements from or to the fund in accordance with arrangements entered into pursuant to Subsection (1).
(3)
(a) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and the other states and the appropriate federal agencies in exchanging services, and making available facilities and information.
(b) The division is authorized to make investigations, secure and transmit information, make available services and facilities, and exercise other powers provided in this chapter with respect to the administration of this chapter as it considers necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law, and in like manner, to accept and use information, services and facilities made available to this state by the agency charged with the administration of any other unemployment compensation or public employment service law.
(4) To the extent permissible under the laws and Constitution of the United States, the director of the division is authorized to enter into or cooperate in arrangements whereby facilities and services provided under this chapter and facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under this chapter or under a similar law of the foreign government.
(1) Benefits shall be considered to be due and payable under this chapter only to the extent provided in this chapter and to the extent that money is available to the credit of the Unemployment Compensation Fund.
(2) The state, the department, or any division of the department may not be held liable for any amount that exceeds the money available in the Unemployment Compensation Fund.
(1) The Legislature reserves the right to amend or repeal all or any part of this chapter at any time.
(2) There shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant to this chapter shall exist subject to the power of the Legislature to amend or repeal this chapter at any time.
As used in this chapter:
(1)
(a) Except as otherwise provided in Subsection (1)(b), "base period" means the first four of the last five completed calendar quarters next preceding the first day of the individual's benefit year with respect to any individual whose benefit year commences on or after January 5, 1986.
(b)
(i) For a claimant whose benefit year is effective on or after January 2, 2011, and who does not have sufficient wages in the first four of the last five completed calendar quarters to otherwise qualify for benefits under Subsection (1)(a), the base period is the last four completed calendar quarters.
(ii) Wages used to establish eligibility regardless of how the base period is calculated are not available for qualifying benefits in any subsequent benefit year.
(2) "Benefit year" means the 52 consecutive week period beginning with the first week with respect to which an individual files for benefits and is found to have an insured status.
(3) "Benefits" means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment.
(4) "Calendar quarter" means the period of three consecutive months ending on March 31, June 30, September 30, or December 31, or the equivalent, as the department may by rule prescribe.
(5) "Contribution" means the money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ.
(6) "Division" means the Unemployment Insurance Division.
(7) "Employment office" means a free public employment office or branch operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices.
(8) "Extended benefits" has the meaning specified in Subsection 35A-4-402(7)(f).
(9) "Fund" means the Unemployment Compensation Fund established by this chapter.
(10) "Insured average annual wage" means on or before the 15th day of May of each year, the total wages of insured workers for the preceding calendar year, divided by the average monthly number of insured workers, determined by dividing by 12 the total insured workers for the preceding calendar year as determined under the rules of the department calculated to two decimal places, disregarding any fraction of one cent.
(11) "Insured average fiscal year wage" means on or before the 15th day of November of each year, the total wages of insured workers for the preceding fiscal year, divided by the average monthly number of insured workers, determined by dividing by 12 the total insured workers for the preceding fiscal year as determined under the rules of the department calculated to two decimal places, disregarding any fraction of one cent.
(12) "Insured average fiscal year weekly wage" means the insured average fiscal year wage determined in Subsection (11), divided by 52, calculated to two decimal places, disregarding any fraction of one cent.
(13) "Insured average weekly wage" means the insured average annual wage determined in Subsection (10), divided by 52, calculated to two decimal places, disregarding any fraction of one cent.
(14) "Insured status" means that an individual has, during the individual's base-period, performed services and earned wages in employment sufficient to qualify for benefits under Section 35A-4-403.
(15) "Insured work" means employment for an employer, as defined in Section 35A-4-203.
(16) "Monetary base period wage requirement" means 8% of the insured average fiscal year wage for the preceding fiscal year, for example, fiscal year 1990 for individuals establishing benefit years in 1991, rounded up to the next higher multiple of $100.
(17) "State" includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia.
(18) "Tribal unit" means a subdivision, subsidiary, or business enterprise wholly owned by an American Indian tribe.
(19) "Week" means the period or periods of seven consecutive calendar days as the department may prescribe by rule.
As used in this chapter:
(1)
(a) "Employing unit" means:
(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:
(A) partnership;
(B) association;
(C) trust;
(D) estate;
(E) joint stock company;
(F) insurance company;
(G) limited liability company;
(H) limited liability partnership;
(I) joint venture;
(J) corporation, whether domestic or foreign;
(K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);
(L) the legal representative of a deceased person; or
(M) a tribal unit; or
(ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102.
(b) The department may adopt rules specific to a professional employer organization pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) All individuals performing services within this state for any employing unit that maintains two or more separate establishments within this state are considered to be performing services for a single employing unit for all the purposes of this chapter.
(d) Each individual employed to perform or to assist in performing the work of any person in the service of an employing unit is considered to be engaged by the employing unit for all the purposes of this chapter whether the individual was hired or paid directly by the employing unit or by the person, provided the employing unit had actual or constructive knowledge of the work.
(2) "Hospital" means an institution that is licensed, certified, or approved by the Department of Health as a hospital.
(3) "Institution of higher education," for the purposes of this section, means an educational institution that:
(a)
(i) admits, as regular students only, individuals having a certificate of graduation from a high school or the recognized equivalent of a certificate;
(ii) is legally authorized in this state to provide a program of education beyond high school;
(iii) provides:
(A) an educational program for which it awards a bachelor's or higher degree;
(B) a program that is acceptable for full credit toward a bachelor's or higher degree;
(C) a program of postgraduate or postdoctoral studies; or
(D) a program of training to prepare students for gainful employment in a recognized occupation; and
(iv) is a public or other nonprofit institution.
(b) All colleges and universities in this state are institutions of higher education for purposes of this section.
(1) As used in this chapter "employer" means:
(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;
(b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or
(c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter.
(2)
(a) For purposes of this Subsection (2), "federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
(b) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(3)
(a) As used in this Subsection (3):
(i) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(ii) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(iii) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(b) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee; or
(ii) a franchisee's employee.
(c) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (3) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
(1) Subject to the other provisions of this section, "employment" means any service performed for wages or under any contract of hire, whether written or oral, express or implied, including service in interstate commerce, and service as an officer of a corporation.
(2) "Employment" includes an individual's entire service performed within or both within and without this state if one of Subsections (2)(a) through (k) is satisfied.
(a) The service is localized in this state. Service is localized within this state if:
(i) the service is performed entirely within the state; or
(ii) the service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.
(b)
(i) The service is not localized in any state but some of the service is performed in this state and the individual's base of operations, or, if there is no base of operations, the place from which the service is directed or controlled, is in this state; or
(ii) the individual's base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.
(c)
(i)
(A) The service is performed entirely outside this state and is not localized in any state;
(B) the worker is one of a class of employees who are required to travel outside this state in performance of their duties; and
(C)
(I) the base of operations is in this state; or
(II) if there is no base of operations, the place from which the service is directed or controlled is in this state.
(ii) Services covered by an election under Subsection 35A-4-310(3), and services covered by an arrangement under Section 35A-4-106 between the division and the agency charged with the administration of any other state or federal unemployment compensation law, under which all services performed by an individual for an employing unit are considered to be performed entirely within this state, are considered to be employment if the division has approved an election of the employing unit for whom the services are performed, under which the entire service of the individual during the period covered by the election is considered to be insured work.
(d)
(i) The service is performed in the employ of the state, a county, city, town, school district, or other political subdivision of the state, or in the employ of an Indian tribe or tribal unit or an instrumentality of any one or more of the foregoing which is wholly owned by the state or one of its political subdivisions or Indian tribes or tribal units if:
(A) the service is excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. 3306(c)(7);
(B) the service is not excluded from employment by Section 35A-4-205; and
(C) as to any county, city, town, school district, or political subdivision of this state, or an instrumentality of the same or Indian tribes or tribal units, that service is either:
(I) required to be treated as covered employment as a condition of eligibility of employers in this state for Federal Unemployment Tax Act employer tax credit;
(II) required to be treated as covered employment by any other requirement of the Federal Unemployment Tax Act, as amended; or
(III) not required to be treated as covered employment by any requirement of the Federal Unemployment Tax Act, but coverage of the service is elected by a majority of the members of the governing body of the political subdivision or instrumentality or tribal unit in accordance with Section 35A-4-310.
(ii) Benefits paid on the basis of service performed in the employ of this state shall be financed by payments to the division instead of contributions in the manner and amounts prescribed by Subsections 35A-4-311(2)(a) and (4).
(iii) Benefits paid on the basis of service performed in the employ of any other governmental entity or tribal unit described in this Subsection (2) shall be financed by payments to the division in the manner and amount prescribed by the applicable provisions of Section 35A-4-311.
(e) The service is performed by an individual in the employ of a religious, charitable, educational, or other organization, but only if:
(i) the service is excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. 3306(c)(8), solely by reason of Section 3306(c)(8) of that act; and
(ii) the organization had four or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not the weeks were consecutive, within either the current or preceding calendar year, regardless of whether they were employed at the same moment of time.
(f)
(i) The service is performed outside the United States, except in Canada, in the employ of an American employer, other than service that is considered employment under the provisions of this Subsection (2) or the parallel provisions of another state's law if:
(A) the employer's principal place of business in the United States is located in this state;
(B) the employer has no place of business in the United States but is:
(I) an individual who is a resident of this state;
(II) a corporation that is organized under the laws of this state; or
(III) a partnership or trust in which the number of partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or
(C) none of the criteria of Subsections (2)(f)(i)(A) and (B) is met but:
(I) the employer has elected coverage in this state; or
(II) the employer fails to elect coverage in any state and the individual has filed a claim for benefits based on that service under the law of this state.
(ii) "American employer" for purposes of this Subsection (2) means a person who is:
(A) an individual who is a resident of the United States;
(B) a partnership if 2/3 or more of the partners are residents of the United States;
(C) a trust if all of the trustees are residents of the United States;
(D) a corporation organized under the laws of the United States or of any state;
(E) a limited liability company organized under the laws of the United States or of a state;
(F) a limited liability partnership organized under the laws of the United States or of any state; or
(G) a joint venture if 2/3 or more of the members are individuals, partnerships, corporations, limited liability companies, or limited liability partnerships that qualify as American employers.
(g) The service is performed:
(i) by an officer or member of the crew of an American vessel on or in connection with the vessel; and
(ii) the operating office from which the operations of the vessel, operating on navigable waters within, or within and without, the United States, is ordinarily and regularly supervised, managed, directed, and controlled within this state.
(h) A tax with respect to the service in this state is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or that, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required to be covered under this chapter.
(i)
(i) Notwithstanding Subsection 35A-4-205(1)(p), the service is performed:
(A) as an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages other than milk, or laundry or dry cleaning services, for the driver's principal; or
(B) as a traveling or city salesman, other than as an agent-driver or commission-driver, engaged on a full-time basis in the solicitation on behalf of and the transmission to the salesman's principal, except for sideline sales activities on behalf of some other person, of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations.
(ii) The term "employment" as used in this Subsection (2) includes services described in Subsection (2)(i)(i) performed only if:
(A) the contract of service contemplates that substantially all of the services are to be performed personally by the individual;
(B) the individual does not have a substantial investment in facilities used in connection with the performance of the services other than in facilities for transportation; and
(C) the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.
(j) The service is performed by an individual in agricultural labor as defined in Section 35A-4-206.
(k) The service is domestic service performed in a private home, local college club, or local chapter of a college fraternity or sorority performed for a person who paid cash remuneration of $1,000 or more during any calendar quarter in either the current calendar year or the preceding calendar year to individuals employed in the domestic service.
(3) Services performed by an individual for wages or under any contract of hire, written or oral, express or implied, are considered to be employment subject to this chapter, unless it is shown to the satisfaction of the division that:
(a) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the contract of hire for services; and
(b) the individual has been and will continue to be free from control or direction over the means of performance of those services, both under the individual's contract of hire and in fact.
(4) If an employer, consistent with a prior declaratory ruling or other formal determination by the division, has treated an individual as independently established and it is later determined that the individual is in fact an employee, the department may by rule provide for waiver of the employer's retroactive liability for contributions with respect to wages paid to the individual prior to the date of the division's later determination, except to the extent the individual has filed a claim for benefits.
(1) If the services are also exempted under the Federal Unemployment Tax Act, as amended, employment does not include:
(a) service performed in the employ of the United States Government or an instrumentality of the United States immune under the United States Constitution from the contributions imposed by this chapter, except that, to the extent that the Congress of the United States shall permit, this chapter shall apply to those instrumentalities and to services performed for the instrumentalities to the same extent as to all other employers, employing units, individuals and services; provided, that if this state is not certified for any year by the Secretary of Labor under Section 3304 of the Federal Internal Revenue Code of 1954, 26 U.S.C. 3304, the payments required of the instrumentalities with respect to that year shall be refunded by the division from the fund in the same manner and within the same period as is provided in Subsection 35A-4-306(5) with respect to contributions erroneously collected;
(b) service performed by an individual as an employee or employee representative as defined in Section 1 of the Railroad Unemployment Insurance Act, 45 U.S.C., Sec. 351;
(c) agricultural labor as defined in Section 35A-4-206;
(d) domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, except as provided in Subsection 35A-4-204(2)(k);
(e)
(i) service performed in the employ of a school, college, or university, if the service is performed:
(A) by a student who is enrolled and is regularly attending classes at that school, college, or university; or
(B) by the spouse of the student, if the spouse is advised, at the time the spouse commences to perform that service, that the employment of that spouse to perform that service is provided under a program to provide financial assistance to the student by the school, college, or university, and that the employment will not be covered by any program of unemployment insurance;
(ii) service performed by an individual who is enrolled at a nonprofit or public educational institution, that normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program taken for credit at the institution, that combines academic instruction with work experience, if the service is an integral part of the program and the institution has so certified to the employer, but this Subsection (1) does not apply to service performed in a program established for or on behalf of an employer or group of employers;
(iii) service performed in the employ of a hospital, if the service is performed by a patient of the hospital; or
(iv) service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved under state law;
(f) service performed by an individual in the employ of the individual's son, daughter, or spouse, and service performed by a child under the age of 21 in the employ of the child's parent;
(g) for the purposes of Subsections 35A-4-204(2)(d) and (e), service performed:
(i) in the employ of:
(A) a church or convention or association of churches; or
(B) an organization that is operated primarily for religious purposes and that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;
(ii) by a duly ordained, commissioned, or licensed minister of a church in the exercise of the minister's ministry or by a member of a religious order in the exercise of duties required by the order;
(iii) in the employ of a governmental entity or Indian tribe referred to in Subsection 35A-4-204(2)(d) if the service is performed by an individual in the exercise of the individual's duties:
(A) as an elected official;
(B) as a member of a legislative body or the judiciary;
(C) as a member of the National Guard or Air National Guard;
(D) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;
(E) in an advisory position or a policymaking position the performance of the duties of which ordinarily does not require more than eight hours per week; or
(F) as an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000;
(iv) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, physical or mental deficiency, injury, or providing a remunerative work for individuals who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market by an individual receiving that rehabilitation or remunerative work;
(v) as part of an unemployment work-relief or work-training program, assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision of the state or of an Indian tribe, by an individual receiving the work-relief or work-training; and
(vi) by an inmate of a custodial or penal institution;
(h) casual labor not in the course of the employing unit's trade or business;
(i) service performed in any calendar quarter in the employ of any organization exempt from income tax under Subsection 501(a), Internal Revenue Code, other than an organization described in Subsection 401(a) or Section 521 Internal Revenue Code, if the remuneration for the service is less than $50;
(j) service performed in the employ of a foreign government, including service as a consular or other officer, other employee, or a nondiplomatic representative;
(k) service performed in the employ of an instrumentality wholly owned by a foreign government:
(i) if the service is of a character similar to that performed in foreign countries by employees of the United States government or its instrumentalities; and
(ii) if the division finds that the United States Secretary of State has certified to the United States Secretary of the Treasury that the foreign government with respect to whose instrumentality exemption is claimed grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States government and its instrumentalities;
(l) service performed by an individual for a person as an insurance agent or as an insurance solicitor, if all the service performed by the individual for that person is performed for remuneration solely by way of commission;
(m) service performed by an individual in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;
(n) service covered by an arrangement between the division and the agency charged with the administration of any other state or federal unemployment compensation law under which all services performed by an individual for an employing unit during the period covered by the employing unit's duly approved election, are considered to be performed entirely within the agency's state or under the federal law;
(o) service performed by lessees engaged in metal mining under lease agreements, unless the individual lease agreement, or the practice in actual operation under the agreement, is such as would constitute the lessees' employees of the lessor at common law; and
(p) services as an outside salesman paid solely by way of commission if the services were performed outside of all places of business of the enterprises for which the services are performed except:
(i) as provided in Subsection 35A-4-204(2)(i); or
(ii) if the services would constitute employment at common law.
(2)
(a) "Included and excluded service" means if the services performed during 1/2 or more of any pay period by an individual for the person employing the individual constitute employment, all the services of the individual for the period are considered to be employment.
(b) If the services performed during more than 1/2 of any pay period by an individual for the person employing the individual do not constitute employment, then none of the services of the individual for the period are considered to be employment.
(c) As used in this Subsection (2), "pay period" means a period of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the individual by the person employing the individual.
(3) The following services are exempt employment under the Utah Employment Security Act:
(a) service performed by an individual as a licensed real estate agent or salesman, if all the service performed by the individual is performed for remuneration solely by way of commission;
(b) service performed by an individual as a licensed securities agent or salesman or a registered representative, if all the service performed by the individual is performed for remuneration solely by way of commission;
(c) service performed by an individual as a telephone survey conductor or pollster if:
(i) the individual does not perform the service on the principal's premises; and
(ii) the individual is paid for the service solely on a piece-rate or commission basis; and
(d) service performed by a nurse licensed or registered under Title 58, Chapter 31b, Nurse Practice Act, if:
(i) the service of the nurse is performed in the home of the patient;
(ii) substantially all of the nurse's compensation for the service is from health insurance proceeds; and
(iii) no compensation or fee for the service is paid to an agency or company as a business furnishing nursing services.
(1) "Agricultural labor" means any remunerated service performed after December 31, 1971:
(a) on a farm, in the employ of any person in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife;
(b) in the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of the farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm;
(c) in connection with:
(i) the production or harvesting of any commodity defined as an agricultural commodity in Subsection 15(g) of the Federal Agricultural Marketing Act, as amended, 46 Stat. 1550, Sec. 3; 12 U.S.C. 1141j;
(ii) the ginning of cotton; or
(iii) the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used primarily for supplying and storing water for farming purposes;
(d) in the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if the operator produced more than 1/2 of the commodity with respect to which the service is performed; or
(e) in the employ of a group of operators of farms, or a cooperative organization of which the operators are members, in the performance of service described in Subsection (1)(d), but only if the operators produced more than 1/2 of the commodity with respect to which the service is performed.
(2)
(a) Subsections (1)(d) and (e) are not applicable with respect to service:
(i) performed in connection with commercial canning or commercial freezing;
(ii) in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or
(iii) on a farm operated for profit if the service is not in the course of the employer's trade or business.
(b) As used in Subsection (1), "farm" includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards.
(3)
(a) Services performed by an individual in agricultural labor are considered employment when the service is performed for a person who:
(i) during any calendar quarter in either the current or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor; or
(ii) for some portion of a day in each of 20 different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment of time.
(b) For the purposes of this Subsection (3), any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person is treated as an employee of the crew leader:
(i) if the crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Worker Protection Act;
(ii) if substantially all the members of the crew operate or maintain tractors, mechanized harvesting, or crop dusting equipment, or any other mechanized equipment, that is provided by the crew leader; and
(iii) if the individual is not an employee of the other person within the meaning of Section 35A-4-204.
(c) For the purposes of this Subsection (3), in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of the crew leader under Subsection (3)(b)(iii):
(i) the other person and not the crew leader is treated as the employer of the individual; and
(ii) the other person is treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader, either on the individual's own behalf or on behalf of the other person, for the service in agricultural labor performed for the other person.
(d) For the purposes of this Subsection (3), "crew leader" means an individual who:
(i) furnishes individuals to perform service in agricultural labor for any other person;
(ii) pays, either on the individual's own behalf or on behalf of the other person, the individuals so furnished by the individual's for the service in agricultural labor performed by them; and
(iii) has not entered into a written agreement with the other person under which the individual is designated as an employee of the other person.
(1)
(a) An individual is "unemployed" in any week during which the individual performs no services and with respect to which no wages are payable to the individual, or in any week of less than full-time work if the wages payable to the individual with respect to the week are less than the individual's weekly benefit amount.
(b) The department shall prescribe rules applicable to unemployed individuals making distinctions in the procedure as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the department considers necessary.
(2) The department may by rule prescribe in the case of individuals working on a regular attachment basis the existence of unemployment for periods longer than a week if:
(a) it is a period of less than full-time work;
(b) insofar as possible the loss of wages required as a condition of being considered unemployed in those periods shall be such as to allow comparable benefits, for comparable loss in wages, to those individuals working less than full-time in each week as would be payable on a weekly claim period basis to those individuals working full-time and not at all in alternate weeks.
(3) Unemployment shall in no case be measured on a basis of longer than a four-week period.
(1) As used in this chapter, "wages" means wages as currently defined by Section 3306(b), Internal Revenue Code of 1986, with modifications, subtractions, and adjustments provided in Subsections (2), (3), and (4).
(2) For purposes of Section 35A-4-303, "wages" does not include that amount paid to an individual by an employer with respect to employment subject to this chapter that is in excess of 75% of the insured average fiscal year wage, rounded to the next higher multiple of $100, during the fiscal year prior to the calendar year of the payment to the individual by the individual's employer on or after January 1, 1988.
(3) For the purpose of determining whether the successor employer during the calendar year has paid remuneration to an individual with respect to employment equal to the applicable taxable wages as defined by this Subsection (3), any remuneration with respect to employment paid to the individual by a predecessor employer during the calendar year and prior to an acquisition is considered to have been paid by a successor employer if:
(a) the successor employer during any calendar year acquires the unemployment experience within the meaning of Subsection 35A-4-303(8) or 35A-4-304(3) of a predecessor employer; and
(b) immediately after the acquisition employs in the successor employer's trade or business an individual who immediately prior to the acquisition was employed in the trade or business of the predecessor.
(4) The remuneration paid to an individual by an employer with respect to employment in another state, upon which contributions were required of the employer under the unemployment compensation law of that state, shall be included as a part of the taxable wage base defined in this section.
(5) As used in this chapter, "wages" does not include:
(a) the amount of any payment, including any amount paid by an employer for insurance or annuities, or into a fund, to provide for a payment, made to, or on behalf of, an employee or any of the employee's dependents under a plan or system established by an employer that makes provision for:
(i)
(A) the employer's employees generally;
(B) the employer's employees generally and their dependents;
(C) a class or classes of the employer's employees; or
(D) a class or classes of the employer's employees and their dependents; and
(ii) on account of:
(A) sickness or accident disability, but, in the case of payments made to an employee or any of the employee's dependents, Subsection (5)(a)(i) excludes from wages only payments that are received under a workers' compensation law;
(B) medical or hospitalization expenses in connection with sickness or accident disability; or
(C) death;
(b) any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for the employer;
(c) the payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ under Section 3101, Internal Revenue Code, with respect to domestic services performed in a private home of the employer or for agricultural labor;
(d) any payment made to, or on behalf of, an employee or the employee's beneficiary:
(i) from or to a trust described in Section 401(a), Internal Revenue Code, that is exempt from tax under Section 501(a), Internal Revenue Code, at the time of the payment, except for a payment made to an employee of the trust as remuneration for services rendered as an employee and not as a beneficiary of the trust;
(ii) under or to an annuity plan that at the time of the payment is a plan described in Section 403(a), Internal Revenue Code;
(iii) under a simplified employee pension, as defined in Section 408(k)(l), Internal Revenue Code, other than any contributions described in Section 408(k)(6), Internal Revenue Code;
(iv) under or to an annuity contract described in Section 403(b), Internal Revenue Code, except for a payment for the purchase of the contract that is made by reason of a salary reduction agreement whether or not the agreement is evidenced by a written instrument;
(v) under or to an exempt governmental deferred compensation plan as defined in Section 3121(v)(3), Internal Revenue Code; or
(vi) to supplement pension benefits under a plan or trust described in Subsections (5)(d)(i) through (v) to take into account a portion or all of the increase in the cost of living, as determined by the Secretary of Labor, since retirement, but only if the supplemental payments are under a plan that is treated as a welfare plan under Section 3(2)(B)(ii) of the Employee Income Security Act of 1974; or
(e) any payment made to, or on behalf of, an employee or the employee's beneficiary under a cafeteria plan within the meaning of Section 125, Internal Revenue Code, if the payment would not be treated as wages under a cafeteria plan.
As used in this part:
(1) "Benefit cost rate" means benefit costs of all individuals paid in a calendar year, as defined in Subsection (2), including the state's share of extended benefit costs, divided by the total wages paid by all employers subject to contributions in the same calendar year, calculated to four decimal places, disregarding the remaining fraction, if any.
(2) "Benefit costs" means the net money payments made to individuals who were employed by employers subject to contributions, excluding extended benefit costs, as provided in this chapter with respect to unemployment.
(3) "Computation date" means July 1 of any year, beginning July 1, 1984.
(4) "Contribution year" means any calendar year beginning on January 1 and ending on December 31.
(5) "Fiscal year" means the year beginning with July 1 of one year and ending June 30 of the next year. For example, fiscal year 1992 begins July 1, 1991, and ends June 30, 1992.
(6) "New employer" means any employer who has been an employer as defined in this chapter and whose account has been chargeable with benefits for less than one fiscal year immediately preceding the computation date.
(7) "Payroll" means total wages.
(8) "Qualified employer" means any employer who was an employer as defined in this chapter during each quarter of the prior fiscal year immediately preceding the computation date.
(9) "Qualifying period" means the four fiscal years immediately preceding the contribution year on or after January 1, 1985. If four fiscal years of data are not available, the qualifying period is the lesser number of fiscal years for which data are available, but not less than one fiscal year.
(10) "Reserve" means that amount of money in the fund which has been appropriated or is subject to appropriation by the Legislature, exclusive of money transferred to the fund under the Federal Employment Security Administrative Financing Act of 1954, 42 U.S.C. 1101 et seq.
(11) "Taxable wages" means all remuneration paid by an employer to employees for insured work that is subject to unemployment insurance contributions.
(12) "Total wages" means all remuneration paid by an employer to employees for insured work.
(13) "Unemployment experience" means all factors, including benefit costs and taxable wages, which bear a direct relation to an employer's unemployment risk.
(1)
(a) Contributions accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment. The contributions become due and shall be paid by each employer to the division for the fund in accordance with rules the department may prescribe.
(b) Contributions may not be deducted, in whole or in part, from the wages of individuals in the employer's employ.
(c) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to 1/2 cent or more, in which case it shall be increased to one cent.
(2) All contributions paid by an employer under this chapter are deductible in arriving at the taxable income of the employer under Title 59, Chapter 7, Corporate Franchise and Income Taxes, and Chapter 10, Individual Income Tax Act, to the same extent as taxes are deductible during any taxable year by the employer.
(1)
(a) An employer's basic contribution rate is the same as the employer's benefit ratio and is determined by dividing the total benefit costs charged back to an employer during the immediately preceding four fiscal years by the total taxable wages of the employer for the same time period, calculated to four decimal places, disregarding any remaining fraction.
(b) In calculating the basic contribution rate under Subsection (1)(a), if four fiscal years of data are not available:
(i) the data of the number of complete fiscal years that is available shall be divided by the total taxable wages for the same time period; or
(ii) if the employer is a new employer, the basic contribution rate shall be determined as described in Subsection (5).
(2)
(a) Subject to Subsection (2)(b), the division shall determine the social contribution rate by dividing all social costs as defined in Subsection 35A-4-307(1) applicable to the preceding four fiscal years by the total taxable wages of all employers subject to contributions for the same period, calculated to four decimal places, disregarding any remaining fraction, and rounding the result to three decimal places as follows:
(i) if the fourth decimal place is four or less, the third decimal place does not change; or
(ii) if the fourth decimal place is five or more, rounding the third decimal place up.
(b) For calendar years 2012 and 2013 only, if the calculation of the social contribution rate under Subsection (2)(a) is greater than 0.004, the social contribution rate for that calendar year is 0.004.
(c) For calendar year 2021 only, if the calculation of the social contribution rate under Subsection (2)(a) is greater than 0.002, the social contribution rate for that calendar year is 0.002.
(d) For calendar year 2022 only, if the calculation of the social contribution rate under Subsection (2)(a) is greater than 0.003, the social contribution rate for that calendar year is 0.003.
(e) For calendar years 2023 and 2024 only, if the calculation of the social contribution rate under Subsection (2)(a) is greater than 0.004, the social contribution rate for that calendar year is 0.004.
(3)
(a) The division shall set the reserve factor at a rate that sustains an adequate reserve.
(b) For the purpose of setting the reserve factor:
(i) the adequate reserve is defined as between 18 and 24 months of benefits at the average of the five highest benefit cost rates in the last 25 years;
(ii) the division shall set the reserve factor at 1.0000 if the actual reserve fund balance as of June 30 preceding the computation date is determined to be an adequate reserve;
(iii) the division shall set the reserve factor between 0.5000 and 1.0000 if the actual reserve fund balance as of June 30 preceding the computation date is greater than the adequate reserve;
(iv) the division shall set the reserve factor between 1.0000 and 1.5000 if the actual reserve fund balance as of June 30 prior to the computation date is less than the adequate reserve;
(v) if the actual reserve fund balance as of June 30 preceding the computation date is insolvent or negative or if there is an outstanding loan from the Federal Unemployment Account or other lending institution, the division shall set the reserve factor at 2.0000 until the actual reserve fund balance as of June 30 preceding the computation date is determined by the division to be solvent or positive and there is no outstanding loan;
(vi) the division shall set the reserve factor on or before January 1 of each year;
(vii) money made available to the state under Section 903 of the Social Security Act, 42 U.S.C. 1103, as amended, which is received on or after January 1, 2004, may not be considered in establishing the reserve factor under this section for the rate year 2005 or any following rate year;
(viii) for calendar year 2021 only, the division may not set the reserve factor to be more than 1.0500;
(ix) for calendar year 2022 only, the division may not set the reserve factor to be more than 1.1500; and
(x) for calendar years 2023 and 2024 only, the division may not set the reserve factor to be more than 1.2000.
(4)
(a) Beginning January 1, 2009, an employer's overall contribution rate is:
(i) except as provided in Subsection (4)(a)(ii) or (iii), the employer's basic contribution rate multiplied by the reserve factor established under Subsection (3)(b), calculated to four decimal places, disregarding any remaining fraction, plus the social contribution rate established under Subsection (2), and the result calculated to three decimal places, disregarding any remaining fraction;
(ii) if under Subsection (4)(a)(i), the overall contribution rate calculation for an employer is greater than 9% plus the applicable social contribution rate, the overall contribution rate for the employer shall be reduced to 9% plus the applicable social contribution rate; or
(iii) if under Subsection (4)(a)(i), the overall contribution rate calculation for a new employer is less than 1.1%, the overall contribution rate for the new employer shall be increased to 1.1%.
(b) Beginning January 1, 2012, an employer's overall contribution rate is:
(i) except as provided in Subsection (4)(b)(ii) or (iii), the employer's basic contribution rate multiplied by the reserve factor established under Subsection (3)(b), calculated to four decimal places, disregarding any remaining fraction, plus the social contribution rate established under Subsection (2), and the result calculated to three decimal places, disregarding any remaining fraction;
(ii) if under Subsection (4)(b)(i), the overall contribution rate calculation for an employer is greater than 7% plus the applicable social contribution rate, the overall contribution rate for the employer shall be reduced to 7% plus the applicable social contribution rate; or
(iii) if under Subsection (4)(b)(i), the overall contribution rate calculation for a new employer is less than 1.1%, the overall contribution rate for the new employer shall be increased to 1.1%.
(c) The overall contribution rate described under this Subsection (4) does not include the addition of any penalty applicable to an employer:
(i) as a result of delinquency in the payment of contributions as provided in Subsection (9); or
(ii) that is assessed a penalty rate under Subsection 35A-4-304(5)(a).
(5)
(a) Except as otherwise provided in this section, the basic contribution rate for a new employer is based on the average benefit cost rate experienced by employers of the major industry, as defined by department rule, to which the new employer belongs.
(b) Except as provided in Subsection (5)(c), by January 1 of each year, the basic contribution rate to be used in computing a new employer's overall contribution rate under Subsection (4) is the benefit cost rate that is the greater of:
(i) the amount calculated by dividing the total benefit costs charged back to both active and inactive employers of the same major industry for the last two fiscal years by the total taxable wages paid by those employers that were paid during the same time period, computed to four decimal places, disregarding any remaining fraction; or
(ii) 1%.
(c) If the major industrial classification assigned to a new employer is an industry for which a benefit cost rate does not exist because the industry has not operated in the state or has not been covered under this chapter, the employer's basic contribution rate is 5.4%. This basic contribution rate is used in computing the employer's overall contribution rate under Subsection (4).
(6) Notwithstanding any other provision of this chapter, and except as provided in Subsection (7), if an employing unit that moves into this state is declared to be a qualified employer because it has sufficient payroll and benefit cost experience under another state, a rate shall be computed on the same basis as a rate is computed for all other employers subject to this chapter if that unit furnishes adequate records on which to compute the rate.
(7) An employer who begins to operate in this state after having operated in another state shall be assigned the maximum overall contribution rate until the employer acquires sufficient experience in this state to be considered a "qualified employer" if the employer is:
(a) regularly engaged as a contractor in the construction, improvement, or repair of buildings, roads, or other structures on lands;
(b) generally regarded as being a construction contractor or a subcontractor specialized in some aspect of construction; or
(c) required to have a contractor's license or similar qualification under Title 58, Chapter 55, Utah Construction Trades Licensing Act, or the equivalent in laws of another state.
(8)
(a) If an employer acquires the business or all or substantially all the assets of another employer and the other employer had discontinued operations upon the acquisition or transfers its trade or business, or a portion of its trade or business, under Subsection 35A-4-304(3)(a):
(i) for purposes of determining and establishing the acquiring party's qualifications for an experience rating classification, the payrolls of both employers during the qualifying period shall be jointly considered in determining the period of liability with respect to:
(A) the filing of contribution reports;
(B) the payment of contributions; and
(C) the benefit costs of both employers;
(ii) the transferring employer shall be divested of the transferring employer's unemployment experience provided the transferring employer had discontinued operations, but only to the extent as defined under Subsection 35A-4-304(3)(c); and
(iii) if an employer transfers its trade or business, or a portion of its trade or business, as defined under Subsection 35A-4-304(3), the transferring employer may not be divested of its employer's unemployment experience.
(b) An employing unit or prospective employing unit that acquires the unemployment experience of an employer shall, for all purposes of this chapter, be an employer as of the date of acquisition.
(c) Notwithstanding Section 35A-4-310, when a transferring employer, as provided in Subsection (8)(a), is divested of the employer's unemployment experience by transferring all of the employer's business to another and by ceasing operations as of the date of the transfer, the transferring employer shall cease to be an employer, as defined by this chapter, as of the date of transfer.
(9)
(a) A rate of less than the maximum overall contribution rate is effective only for new employers and to those qualified employers who, except for amounts due under division determinations that have not become final, paid all contributions prescribed by the division for the four consecutive calendar quarters in the fiscal year immediately preceding the computation date.
(b) Notwithstanding Subsections (1), (5), (6), and (8), an employer who fails to pay all contributions prescribed by the division for the four consecutive calendar quarters in the fiscal year immediately preceding the computation date, except for amounts due under determinations that have not become final, shall pay a contribution rate equal to the overall contribution rate determined under the experience rating provisions of this chapter, plus a surcharge of 1% of wages.
(c) An employer who pays all required contributions shall, for the current contribution year, be assigned a rate based upon the employer's own experience as provided under the experience rating provisions of this chapter effective the first day of the calendar quarter in which the payment was made.
(d) Delinquency in filing contribution reports may not be the basis for denial of a rate less than the maximum contribution rate.
(10) If an employer makes a contribution payment based on the overall contribution rate in effect at the time the payment was made and a provision of this section retroactively reduces the overall contribution rate for that payment, the division:
(a) may not directly refund the difference between what the employer paid and what the employer would have paid under the new rate; and
(b) shall allow the employer to make an adjustment to a future contribution payment to offset the difference between what the employer paid and what the employer would have paid under the new rate.
(1) As used in this section:
(a) "Knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.
(b) "Person" has the meaning given that term by Section 7701(a)(1) of the Internal Revenue Code of 1986.
(c) "Trade or business" includes the employer's workforce.
(d) "Violate or attempt to violate" includes intent to evade, misrepresentation, or willful nondisclosure.
(2) Notwithstanding any other provision of this chapter, Subsections (3) and (4) shall apply regarding assignment of rates and transfers of unemployment experience.
(3)
(a) If an employer transfers its trade or business, or a portion of its trade or business, to another employer and, at the time of the transfer, there is common ownership, management, or control of the employers, then the unemployment experience attributable to each employer shall be combined into a common experience rate calculation.
(b) The contribution rates of the employers shall be recalculated and made effective upon the date of the transfer of trade or business as determined by division rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
(i) If one or more of the employers is a qualified employer at the time of the transfer, then all employing units that are party to a transfer described in Subsection (3)(a) of this section shall be assigned an overall contribution rate under Subsection 35A-4-303(4), using combined unemployment experience rating factors, for the rate year during which the transfer occurred and for the subsequent three rate years.
(ii) If none of the employing units is a qualified employer at the time of the transfer, then all employing units that are party to the transfer described in Subsection (3)(a) shall be assigned the highest overall contribution rate applicable at the time of the transfer to any employer who is party to the acquisition for the rate year during which the transfer occurred and for subsequent rate years until the time when one or more of the employing units is a qualified employer.
(iii) Once one or more employing units described in Subsection (3)(c)(ii) is a qualified employer, all the employing units shall be assigned an overall rate under Subsection 35A-4-303(4), using combined unemployment experience rating factors for subsequent rate years, not to exceed three years following the year of the transfer.
(d) The transfer of some or all of an employer's workforce to another employer shall be considered a transfer of its trade or business when, as the result of the transfer, the transferring employer no longer performs trade or business with respect to the transferred workforce, and the trade or business is now performed by the employer to whom the workforce is transferred.
(4)
(a) Whenever a person is not an employer under this chapter at the time it acquires the trade or business of an employer, the unemployment experience of the acquired business may not be transferred to that person if the division finds that the person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions.
(b) The person shall be assigned the applicable new employer rate under Subsection 35A-4-303(5).
(c) In determining whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the division shall use objective factors which may include:
(i) the cost of acquiring the business;
(ii) whether the person continued the business enterprise of the acquired business;
(iii) how long the business enterprise was continued; or
(iv) whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition.
(5)
(a) If a person knowingly violates or attempts to violate Subsection (3) or (4) or any other provision of this chapter related to determining the assignment of a contribution rate, or if a person knowingly advises another person in a way that results in a violation of any of those subsections or provisions, the person is subject to the following penalties:
(i)
(A) If the person is an employer, then the employer shall be assigned an overall contribution rate of 5.4% for the rate year during which the violation or attempted violation occurred and for the subsequent rate year.
(B) If the person's business is already at 5.4% for any year, or if the amount of increase in the person's rate would be less than 2% for that year, then a penalty surcharge of contributions of 2% of taxable wages shall be imposed for the rate year during which the violation or attempted violation occurred and for the subsequent rate year.
(ii)
(A) If the person is not an employer, the person shall be subject to a civil penalty of not more than $5,000.
(B) The fine shall be deposited in the penalty and interest account established under Section 35A-4-506.
(b)
(i) In addition to the penalty imposed by Subsection (5)(a), a violation of this section may be prosecuted as unemployment insurance fraud.
(ii) The determination of the degree of an offense shall be measured by the total value of all contributions avoided or reduced or contributions sought to be avoided or reduced by the unlawful conduct as applied to the degrees listed under Section 76-8-1302 or 76-8-1303.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to identify the transfer or acquisition of a business for purposes of this section.
(7) This section shall be interpreted and applied in a manner that meets the minimum requirements contained in any guidance or regulations issued by the United States Department of Labor.
(1)
(a) Contributions unpaid on the date on which the contributions are due and payable, as the division determines, shall bear interest at a rate the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, from and after that date until the division receives payment plus accrued interest.
(b)
(i) Contribution reports not made and filed by the date on which the contribution reports are due as the division determines are subject to a penalty the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to be assessed and collected in the same manner as contributions due under this section.
(ii) If a report is filed after the required time and the division or the division's authorized representative determines that the failure to file was due to a reasonable cause and not to willful neglect, no penalty may be assessed.
(c)
(i) If contributions are unpaid after 10 days from the date the division or the division's authorized representative mails or personally delivers a written demand for payment, there shall attach to the contribution, to be assessed and collected in the same manner as contributions due under this section, a penalty the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(ii) A penalty may not attach if within 10 days after the mailing or personal delivery, arrangements for payment are made with the division, or the division's authorized representative, and payment is made in accordance with those arrangements.
(d) The division shall assess as a penalty a service charge, in addition to any other penalties that may apply, in an amount not to exceed the service charge imposed by Section 7-15-1 for dishonored instruments if:
(i) any amount due the division for contributions, interest, other penalties or benefit overpayments is paid by check, draft, order, or other instrument; and
(ii) the instrument is dishonored or not paid by the institution against which the instrument is drawn.
(e) Except for benefit overpayments under Subsection 35A-4-405(5), benefit overpayments, contributions, interest, penalties, and assessed costs, uncollected three years after becoming due, may be charged as uncollectible and removed from the records of the division if:
(i) no assets belonging to the liable person and subject to attachment are found; and
(ii) in the opinion of the division there is no likelihood of collection at a future date.
(f) The division shall deposit interest and penalties collected in accordance with this section into the Workforce Initiatives Fund created in Section 35A-4-506.
(g) The division may bring an action to collect a sum due under this chapter subject to Title 78B, Chapter 2, Statutes of Limitations.
(2)
(a) If an employer fails to file a report when the division prescribes for the purpose of determining the amount of the employer's contribution due under this chapter, or if the report when filed is incorrect or insufficient or is not satisfactory to the division, the division may determine the amount of wages paid for employment during the period or periods with respect to which the reports were or should have been made and the amount of contribution due from the employer on the basis of any information the division may obtain.
(b) The division shall give written notice of the determination to the employer.
(c) The determination is considered correct unless:
(i) the employer, within 10 days after mailing or personal delivery of notice of the determination, applies to the division for a review of the determination as provided in Section 35A-4-508; or
(ii) the division or the division's authorized representative reviews the determination.
(d) The amount of contribution determined under Subsection (2)(a) is subject to penalties and interest as provided in Subsection (1).
(e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules making a penalty for an employer who fails to file a report or files an incorrect report due to the employer's misclassification of an employee, as defined in Section 34-47-102.
(3)
(a) If, after due notice, an employer defaults in the payment of contributions, interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit overpayments and penalties on the overpayments, the amount due shall be collectible by civil action in the name of the division, and the employer adjudged in default shall pay the costs of the action.
(b) Civil actions brought under this section to collect contributions, interest, or penalties from an employer, or benefit overpayments and penalties from a claimant shall be:
(i) heard by the court at the earliest possible date; and
(ii) entitled to preference upon the calendar of the court over all other civil actions except:
(A) petitions for judicial review under this chapter; and
(B) cases arising under the workers' compensation law of this state.
(c)
(i)
(A) To collect contributions, interest, or penalties, or benefit overpayments and penalties due from employers or claimants located outside Utah, the division may employ private collectors providing debt collection services outside Utah.
(B) Accounts may be placed with private collectors only after the employer or claimant has been given a final notice that the division intends to place the account with a private collector for further collection action.
(C) The notice shall advise the employer or claimant of the employer's or claimant's rights under this chapter and the applicable rules of the department.
(ii)
(A) A private collector may receive as compensation up to 25% of the lesser of the amount collected or the amount due, plus the costs and fees of any civil action or postjudgment remedy instituted by the private collector with the approval of the division.
(B) The employer or claimant shall be liable to pay the compensation of the collector, costs, and fees in addition to the original amount due.
(iii) A private collector is subject to the federal Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1692 et seq.
(iv)
(A) A private collector may not maintain a civil action without specific prior written approval from the division.
(B) When division approval is given for civil action against an employer or claimant, the division may cooperate with the private collector to effect the civil action.
(d)
(i) Notwithstanding Section 35A-4-312, the division may disclose the contribution, interest, penalties or benefit overpayments and penalties, costs due, the name of the employer or claimant, and the employer's or claimant's address and telephone number when any collection matter is referred to a private collector under Subsection (3)(c).
(ii) A private collector is subject to the confidentiality requirements and penalty provisions provided in Sections 35A-4-312 and 76-8-1304, except to the extent disclosure is necessary in a civil action to enforce collection of the amounts due.
(e) An action taken by the division under this section may not be construed to be an election to forego other collection procedures by the division.
(4)
(a) In the event of a distribution of an employer's assets under an order of a court under the laws of Utah, including a receivership, assignment for benefits of creditors, adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $400 to each claimant, earned within five months of the commencement of the proceeding.
(b) If an employer commences a proceeding in the Federal Bankruptcy Court under a chapter of 11 U.S.C. 101 et seq., as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, contributions, interest, and penalties then or thereafter due shall be entitled to the priority provided for taxes, interest, and penalties in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
(5)
(a) In addition and as an alternative to any other remedy this chapter provides, and provided that no appeal or other proceeding for review this chapter provides is pending and the time for taking it has expired, the division may issue a warrant in duplicate, under the division's official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon and sell the real and personal property of a delinquent employer or claimant found within the sheriff's county for the payment of the contributions due, with the added penalties, interest, or benefit overpayment and penalties, and costs, and to return the warrant to the division and pay into the fund the money collected by virtue of the warrant by a time to be specified in the warrant, not more than 60 days from the date of the warrant.
(b)
(i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the duplicate with the clerk of the district court in the sheriff's county.
(ii) The clerk shall enter in the judgment docket, in the column for judgment debtors, the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate columns the amount of the contribution, penalties, interest, or benefit overpayment and penalties, and costs, for which the warrant is issued and the date when the duplicate is filed.
(c) The amount of the docketed warrant shall:
(i) have the force and effect of an execution against all personal property of the delinquent employer; and
(ii) become a lien upon the real property of the delinquent employer or claimant in the same manner and to the same extent as a judgment duly rendered by a district court and docketed in the office of the clerk.
(d) After docketing, the sheriff shall:
(i) proceed in the same manner as is prescribed by law with respect to execution issued against property upon judgments of a court of record; and
(ii) be entitled to the same fees for the sheriff's services in executing the warrant, to be collected in the same manner.
(6)
(a) Contributions this chapter imposes are a lien upon the property of an employer liable for the contribution required to be collected under this section who shall sell out the employer's business or stock of goods or shall quit business, if the employer fails to make a final report and payment on the date after the date of selling or quitting business on which the contributions are due and payable as prescribed by rule.
(b)
(i) An employer's successor, successors, or assigns, if any, are required to withhold sufficient of the purchase money to cover the amount of the contributions, interest, and penalties due and payable until the former owner produces a receipt from the division showing that the contributions, interest, and penalties have been paid or a certificate stating that no amount is due.
(ii) If the purchaser of a business or stock of goods fails to withhold sufficient purchase money, the purchaser is personally liable for the payment of the amount of the contributions required to be paid by the former owner, interest and penalties accrued and unpaid by the former owner, owners, or assignors.
(7)
(a) If an employer is delinquent in the payment of a contribution, the division may give notice of the amount of the delinquency by registered mail to all persons having in their possession or under their control, any credits or other personal property belonging to the employer, or owing any debts to the employer at the time of the receipt by them of the notice.
(b) A person notified under Subsection (7)(a) shall neither transfer nor make any other disposition of the credits, other personal property, or debts until:
(i) the division has consented to a transfer or disposition; or
(ii) 20 days after the receipt of the notice.
(c) All persons notified under Subsection (7)(a) shall, within five days after receipt of the notice, advise the division of credits, other personal property, or other debts in their possession, under their control or owing by them, as the case may be.
(8)
(a)
(i) Each employer shall furnish the division necessary information for the proper administration of this chapter and shall include wage information for each employee, for each calendar quarter.
(ii) The information shall be furnished at a time, in the form and manner, and to those individuals as the department may require by rule the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(iii) The division may require an employer to post a bond for failure to comply with the rules required by Subsection (8)(a)(i).
(b)
(i) Each employer shall furnish each individual worker who is separated that information as the department may by rule require, and shall furnish within 48 hours of the receipt of a request from the division a report of the earnings of any individual during the individual's base-period.
(ii) The report shall be on a form prescribed by the division and contain all information prescribed by the division.
(c)
(i) For each failure by an employer to conform to this Subsection (8) the division shall, unless good cause is shown, assess a penalty that the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(ii) The penalty is to be collected in the same manner as contributions due under this chapter.
(9)
(a)
(i) An employer liable for payments in lieu of contributions shall file Reimbursable Employment and Wage Reports.
(ii) The reports are due on the last day of the month that follows the end of each calendar quarter unless the division, after giving notice, changes the due date.
(iii) A report postmarked on or before the due date is considered timely.
(b)
(i) Unless the employer can show good cause, the division shall assess a penalty that the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, against an employer who does not file Reimbursable Employment and Wage Reports within the time limits set out in Subsection (9)(a) if the filing was not more than 15 days late.
(ii) The division shall assess and collect the penalties referred to in this Subsection (9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311.
(10) If a person liable to pay a contribution or benefit overpayment that this chapter imposes neglects or refuses to pay the contribution or benefit overpayment after demand, the amount, including any interest, additional amount, addition to contributions, or assessable penalty, together with any additional accruable costs, shall be a lien in favor of the division upon all property and rights to property, whether real or personal belonging to the person.
(11)
(a) The lien imposed by Subsection (10) arises at the time the assessment, as defined in the department rules, is made and continues until the liability for the amount assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
(b)
(i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a warrant with the clerk of the district court.
(ii) For the purposes of this Subsection (11)(b):
(A) "Judgment lien creditor" means a person who obtains a valid judgment of a court of record for recovery of specific property or a sum certain of money, and who in the case of a recovery of money, has a perfected lien under the judgment on the property involved. A judgment lien does not include inchoate liens such as attachment or garnishment until the inchoate lien ripens into a judgment. A judgment lien does not include the determination or assessment of a quasi-judicial authority, such as a state or federal taxing authority.
(B) "Mechanics' lien holder" means any person who has a lien on real property, or on the proceeds of a contract relating to real property, for services, labor, or materials furnished in connection with the construction or improvement of the property. A person has a lien on the earliest date the lien becomes valid against subsequent purchasers without actual notice, but not before the person begins to furnish the services, labor, or materials.
(C) "Person" means:
(I) an individual;
(II) a trust;
(III) an estate;
(IV) a partnership;
(V) an association;
(VI) a company;
(VII) a limited liability company;
(VIII) a limited liability partnership; or
(IX) a corporation.
(D) "Purchaser" means a person who, for adequate and full consideration in money or money's worth, acquires an interest, other than a lien or security interest, in property which is valid under state law against subsequent purchasers without actual notice.
(E) "Security interest" means any interest in property acquired by contract for the purpose of securing payment or performance of an obligation or indemnifying against loss or liability. A security interest exists at any time:
(I) the property is in existence and the interest has become protected under the law against a subsequent judgment lien arising out of an unsecured obligation; and
(II) to the extent that, at that time, the holder has parted with money or money's worth.
(12)
(a) Except in cases involving a violation of unemployment compensation provisions under Sections 76-8-1301, 76-8-1302, 76-8-1303, 76-8-1304, Subsection 35A-4-304(5), or Subsection 35A-4-405(5), and at the discretion of the division, the division may accept an offer in compromise from an employer or claimant to reduce past due debt arising from contributions or benefit overpayments imposed under this chapter.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules for allowing an offer in compromise provided under Subsection (12)(a).
(1) Benefit costs of former workers of an employer will be charged to the employer in the same proportion as the wages paid by that employer in the base period bear to the total wages of all employers of that worker in the base period, calculated to the nearest five decimal places.
(2) Notification by the division that a worker has filed an initial claim for unemployment insurance benefits will be sent to all base-period employers and all subsequent employers prior to the payment of benefits. Any employing unit that receives a notice of the filing of a claim may protest payment of benefits to former employees or charges to the employer if the protest is filed within 10 days after the date the notice is issued.
(3) On or before November 1 of each year beginning November 1, 1984, each employer shall receive notification of all benefit costs of former workers that have been charged to that employer in the immediately preceding fiscal year. Any employing unit that receives a notice of benefit charges may protest the correctness of the charges if the protest is filed within 30 days after the date the notice is issued.
(4) On written request made by an employer, corrections or modifications of the employer's wages shall be taken into account for the purpose of redetermining the employer's contribution rate. The request shall be made to the division no later than the end of the calendar year following the year for which the contribution rate is assigned. The division may, within a like period upon its own initiative, redetermine an employer's contribution rate.
(5)
(a) If no later than three years after the date on which any contributions or interest or penalty for contributions were due, an employer who has paid the contributions, interest, or penalty may make application for an adjustment in connection with subsequent contribution payments, or for a refund because the adjustment cannot be made, and the division shall determine that the contributions or interest or penalty or any portion thereof was erroneously collected, the division shall allow the employer to make an adjustment, without interest, in connection with subsequent contribution payments by the employer, or if the adjustment cannot be made, the division shall refund that amount, without interest.
(b) Refunds of contributions shall be made from the clearing account or the benefit account in the fund, and refunds of interest and penalty shall be made from the Special Administrative Expense Account or from the interest and penalty money in the clearing account of the fund.
(c) For like cause and within the same period, an adjustment or refund may be made on the division's own initiative.
(d) Decisions with respect to applications for refund are final unless the employing unit, within 10 days after the mailing or personal delivery of notice of the decision, applies to the division for a review of the decision as provided in Section 35A-4-508.
(1) Social costs consist of the following benefit costs:
(a) Benefit costs of an individual will not be charged to a base-period employer and are considered social costs if the individual's separation from that employer occurred under the following circumstances:
(i) the individual was discharged by the employer or voluntarily quit employment with the employer for disqualifying reasons, but subsequently requalified for benefits and actually received benefits;
(ii) the individual received benefits following a quit which was not attributable to the employer;
(iii) the individual received benefits following a discharge for nonperformance due to medical reasons;
(iv) the individual received benefits while attending the first week of mandatory apprenticeship training; or
(v) the individual received benefits after quitting voluntarily to accompany or follow a spouse who is a member of the United States armed forces as described in Subsection 35A-4-405(1)(e).
(b) Social costs are benefit costs that are or have been charged to an employer who has terminated coverage and is no longer liable for contributions, less the amount of contributions paid by the employer during the same time period.
(c) The difference between the benefit charges of all employers whose benefit ratio exceeds the maximum overall contribution rate and the amount determined by multiplying the taxable payroll of the same employers by the maximum overall contribution rate is a social cost.
(d) Benefit costs attributable to a concurrent base-period employer will not be charged to that employer if the individual's customary hours of work for that employer have not been reduced.
(e) Benefit costs incurred during the course of division-approved training will not be charged to base-period employers.
(f) Benefit costs will not be charged to employers if the costs are attributable to:
(i) the state's share of extended benefits;
(ii) uncollectible benefit overpayments; or
(iii) the proportion of benefit costs of combined wage claims that are chargeable to Utah employers and are insufficient when separately considered for a monetary eligible claim under Utah law and which have been transferred to a paying state.
(g) Benefit costs that are not charged to an employer and not described in this Subsection (1) are also social costs.
(2) Subsection (1) applies only to contributing employers and not to employers that have elected to finance the payment of benefits in accordance with Section 35A-4-309 or 35A-4-311.
(1)
(a) The division, whenever the division considers it necessary to ensure compliance with this chapter, may require any employer, subject to the contribution imposed hereunder, to deposit with the division any bond or security as the division shall determine.
(b) The bond or security may be sold by the division at public sale, if it becomes necessary, in order to recover any tax, interest, or penalty due.
(c) Notice of the sale may be served upon the employer who deposited the securities personally or by mail. If by mail, notice sent to the last-known address as the same appears in the records of the division is sufficient for purposes of this requirement.
(d) Upon the sale, the surplus, if any, above the amounts due, shall be returned to the employer who deposited the security.
(2)
(a) If an employer fails to comply with Subsection (1), a court shall, upon the commencement of a suit by the division for that purpose, enjoin the employer from further employing workers in this state or continuing in business until the employer has complied with Subsection (1).
(b) Upon filing of a suit for such purpose by the division, the court shall set a date for hearing and cause notice to be served upon the employer. The hearing shall be not less than five nor more than 15 days from the service of the notice.
(1) Notwithstanding any other provisions of this chapter for payments by employers, benefits paid to employees of nonprofit organizations, as described in Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3), that are exempt from income tax under Section 501(a), shall be financed in accordance with the following provisions:
(a) Any nonprofit organization which is, or becomes, subject to this chapter shall pay contributions under Section 35A-4-303, unless it elects in accordance with this Subsection (1) to pay to the division for the unemployment fund an amount equal to the amount of regular benefits and of 1/2 of the extended benefits paid that is attributable to service in the employ of the nonprofit organization, to individuals for weeks of unemployment that begin during the effective period of this election.
(b)
(i) Any nonprofit organization that is, or becomes, subject to this chapter may elect to become liable for payments in lieu of contributions for a period of not less than one contribution year beginning with the date on which the organization becomes subject to this chapter.
(ii) The nonprofit organization shall file a written notice of its election with the division not later than 30 days immediately following the date that the division gives notice to the organization that it is subject to this chapter.
(c) Any nonprofit organization that makes an election in accordance with Subsection (1)(b)(i) shall continue to be liable for payments in lieu of contributions until it files with the division a written notice terminating its election, not later than 30 days prior to the beginning of the contribution year for which this termination shall first be effective.
(d)
(i) Any nonprofit organization that has been paying contributions under this chapter may change to a reimbursable basis by filing with the division, no later than 30 days prior to the beginning of any contribution year, a written notice of election to become liable for payments in lieu of contributions.
(ii) This election is not terminable by the organization for that year or the next year.
(e) The division may, for good cause, extend the period within which a notice of election or a notice of termination shall be filed and may permit an election to be retroactive.
(f)
(i) The division, in accordance with department rules, shall notify each nonprofit organization of any determination that the division may make of the organization's status as an employer, of the effective date of any election that it makes, and of any termination of this election.
(ii) These determinations are subject to reconsideration, appeal, and review in accordance with Section 35A-4-508.
(2) Payments in lieu of contributions shall be made in accordance with this Subsection (2).
(a) At the end of each calendar month, or at the end of any other period as determined by the division, the division shall bill each nonprofit organization or group of nonprofit organizations that has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during this month or other prescribed period that is attributable to service in the employ of the organization.
(b) Payment of any bill rendered under Subsection (2)(a) shall be made no later than 30 days after the bill was mailed to the last-known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with Subsection (2)(d).
(c) Payments made by any nonprofit organization under this Subsection (2) may not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.
(d)
(i) The amount due specified in any bill from the division shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last-known address or otherwise delivered to it, the organization files an application for redetermination by the division or an appeal to the Division of Adjudication, setting forth the grounds for the application or appeal in accordance with Section 35A-4-508.
(ii) The division shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which the application for redetermination has been filed.
(iii) Any redetermination is conclusive on the organization unless, no later than 15 days after the redetermination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to the Division of Adjudication in accordance with Section 35A-4-508 and Chapter 1, Part 3, Adjudicative Proceedings, setting forth the grounds for the appeal.
(iv) Proceedings on appeal to the Division of Adjudication from the amount of a bill rendered under this Subsection (2) or a redetermination of the amount shall be in accordance with Section 35A-4-508.
(e) Past due payments of amounts in lieu of contributions are subject to the same interest and penalties that, under Subsection 35A-4-305(1), attach to past due contributions.
(3) If any nonprofit organization is delinquent in making payments in lieu of contributions as required under Subsection (2), the division may terminate the organization's election to make payment in lieu of contributions as of the beginning of the next contribution year, and the termination is effective for that and the next contribution year.
(4)
(a) In the discretion of the division, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be required, within 30 days after the effective date of its election, to deposit money with the division.
(b) The amount of the deposit shall be determined in accordance with this Subsection (4).
(c)
(i) The amount of the deposit required by this Subsection (4) shall be equal to 1% of the organization's total wages paid for employment as defined in Section 35A-4-204 for the four calendar quarters immediately preceding the effective date of the election, or the biennial anniversary of the effective date of election, whichever date shall be most recent and applicable.
(ii) If the nonprofit organization did not pay wages in each of these four calendar quarters, the amount of the deposit is as determined by the division.
(d)
(i) Any deposit of money in accordance with this Subsection (4) shall be retained by the division in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as provided in this Subsection (4).
(ii) The division may deduct from the money deposited under this Subsection (4) by a nonprofit organization to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in Subsection (2)(e).
(iii) The division shall require the organization within 30 days following any deduction from a money deposit under this Subsection (4) to deposit sufficient additional money to make whole the organization's deposit at the prior level.
(iv)
(A) The division may, at any time, review the adequacy of the deposit made by any organization.
(B) If, as a result of this review, the division determines that an adjustment is necessary, it shall require the organization to make an additional deposit within 30 days of written notice of the division's determination or shall return to it any portion of the deposit the division no longer considers necessary, as considered appropriate.
(e) If any nonprofit organization fails to make a deposit, or to increase or make whole the amount of a previously made deposit, as provided under this Subsection (4), the division may terminate the organization's election to make payments in lieu of contributions.
(f)
(i) Termination under Subsection (4)(e) shall continue for not less than the four-consecutive-calendar-quarter period beginning with the quarter in which the termination becomes effective.
(ii) The division may extend for good cause the applicable filing, deposit, or adjustment period by not more than 60 days.
(5)
(a) Each employer liable for payments in lieu of contributions shall pay to the division for the fund the amount of regular benefits plus the amount of one-half of extended benefits paid that are attributable to service in the employ of the employer.
(b) If benefits paid to an individual are based on wages paid by more than one employer and one or more of these employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer liable for the payments shall be determined in accordance with Subsection (5)(c) or (d).
(c) If benefits paid to an individual are based on wages paid by one or more employers who are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount that bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by that employer bear to the total base-period wages paid to the individual by all of the individual's base-period employers.
(d) If benefits paid to an individual are based on wages paid by two or more employers who are liable for payments in lieu of contributions, the amount of benefits payable by each of those employers shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by the employer bear to the total base-period wages paid to the individual by all of the individual's base-period employers.
(6)
(a)
(i) Two or more employers who have become liable for payments in lieu of contributions, in accordance with this section and Subsection 35A-4-204(2)(d), may file a joint application to the division for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of these employers.
(ii) Each application shall identify and authorize a group representative to act as the group's agent for the purpose of this Subsection (6).
(b)
(i) Upon approval of the application, the division shall establish a group account for these employers effective as of the beginning of the calendar quarter in which it receives the application and shall notify the group's representative of the effective date of the account.
(ii) This account shall remain in effect for not less than two contribution years and thereafter until terminated at the discretion of the division or upon application by the group.
(c) Upon establishment of the account, each member of the group is liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in the quarter attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by the member in the quarter bear to the total wages paid during the quarter for service performed in the employ of all members of the group.
(d) The department shall prescribe rules, with respect to applications for establishment, maintenance, and termination of group accounts authorized by this Subsection (6), for addition of new members to, and withdrawal of active members from, these accounts, for the determination of the amounts that are payable under this Subsection (6) by members of the group, and the time and manner of these payments.
(7)
(a) An employing unit that acquires a nonprofit organization or substantially all the assets of a nonprofit organization that has elected reimbursable coverage as defined in Subsection (1), in accordance with rules made by the commission, shall be given the subject date of the transferring nonprofit organization, provided the transferring nonprofit organization ceases to operate as an employing unit at the point of acquisition.
(b) The acquiring entity shall reimburse the Unemployment Compensation Fund for the transferring nonprofit organization's share of any unreimbursed benefits paid to former employees of the transferring nonprofit organization.
(1)
(a) Any employing unit that is or becomes an employer subject to this chapter within any calendar quarter is subject to this chapter during the entire calendar quarter.
(b)
(i) No employing unit is liable as an employer under Section 35A-4-302 for any period prior to three calendar years immediately preceding the calendar year in which the division determines the employing unit to be an employer as defined in Section 35A-4-203.
(ii) This limitation does not apply if the division determines that the employing unit knowingly or willfully failed to report to the division to avoid liability for contributions imposed by this chapter.
(2) Notwithstanding the other provisions of this section, the division may on its own initiative terminate coverage when it finds that an employing unit had no calendar quarter within the preceding calendar year during which there were wages paid for employment and the division finds that during the preceding calendar year the employing unit did not meet any of the conditions for subjectivity to this chapter.
(3)
(a)
(i) An employing unit not otherwise subject to this chapter that files with the division its written election to become an employer subject to this chapter for not less than two calendar years shall, with the written approval of the election by the division, become an employer subject to this chapter to the same extent as all other employers, as of the date stated in the approval.
(ii) The employing unit shall cease to be subject to this chapter as of January 1 of any calendar year subsequent to the two calendar years, referred to in Subsection (3)(a)(i) only if, at least 30 days prior to the first day of January, it has filed with the division a written notice to the effect.
(b)
(i) Services which do not constitute employment as defined in this chapter shall, upon the filing by the employing unit for whom the services are performed of a written election that services performed by individuals in its employ in one or more distinct establishments or places of work shall be considered to constitute employment for all the purposes of this chapter for not less than two calendar years, and upon the written approval of the election by the division, be considered to constitute employment subject from and after the date stated in the approval.
(ii) The services referred to in Subsection (3)(b)(i) shall cease to be considered to be employment subject to this chapter as of January 1 of any calendar year subsequent to the two calendar years only if, at least 30 days prior to the first day of January, the employing unit has filed with the division a written notice to that effect.
(1) Notwithstanding any other provisions of this chapter, benefits paid to employees of counties, cities, towns, school districts, political subdivisions, or their instrumentalities or Indian tribes or tribal units shall be financed in accordance with the following provisions:
(a) Any county, city, town, school district, political subdivision, or instrumentality thereof or Indian tribes or tribal units that is or becomes subject to this chapter may pay contributions under the provisions of Section 35A-4-302, or may elect to pay to the division for the unemployment fund an amount equal to the amount of regular benefits and, as provided in Subsection (4), the extended benefits attributable to service in the employ of such organization, and paid to individuals for weeks of unemployment that begin during the effective period of such election.
(b) Any county, city, town, school district, political subdivision, or instrumentality thereof or Indian tribes or tribal units of the state, or combination of the foregoing, that is or becomes subject to this chapter may elect to become liable for payments in lieu of contributions for a period of not less than one contribution year beginning with the date on which the organization becomes subject to this chapter by filing a written notice of its election with the division not later than 30 days immediately following the date that the division gives notice to the organization that it is subject to this chapter.
(c) Any county, city, town, school district, political subdivision, or instrumentality thereof, or Indian tribes or tribal units, or combination of the foregoing, that makes an election in accordance with Subsections (1)(a) and (b) shall continue to be liable for payments in lieu of contributions until it files with the division a written notice terminating its election. A notice terminating such election shall be filed by January 31 of the year in which the termination is to be effective.
(d) Any county, city, town, school district, political subdivision, or instrumentality thereof of the state, or Indian tribes or tribal units, or combination of the foregoing which have been paying contributions under this chapter may change to a reimbursable basis by filing with the division, no later than 30 days prior to the beginning of any contribution year, a written notice of election to become liable for payments in lieu of contributions; the organization may not terminate such election for a period of two contribution years.
(e) The division may, for good cause, extend the period within which a notice of election or a notice of termination shall be filed and may permit an election to be retroactive.
(f) The division, in accordance with department rules, shall notify each county, city, town, school district, political subdivision, or Indian tribes or tribal units, or their instrumentalities of any determination that it may make of its status as an employer, or the effective date of any election which it makes, and of any termination of such election. The determinations shall be subject to reconsideration, appeal, and review in accordance with the provisions of Section 35A-4-508.
(2) Payments in lieu of contributions shall be made in accordance with the provisions of this Subsection (2).
(a) At the end of each calendar month, or at the end of any other period as determined by the division, the division shall bill each county, city, town, school district, political subdivision, or instrumentality thereof, or combination of the foregoing, that has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits and, as provided in Subsection (4), the amount of extended benefits paid during such month or other prescribed period that is attributable to service in the employ of such county, city, town, school district, political subdivision, or instrumentality thereof.
(b) Payment of any bill rendered under Subsection (2)(a) shall be made not later than 30 days after such bill was mailed to the governmental unit or tribal unit or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with Subsection (2)(c).
(c)
(i) The amount due specified in any bill from the division shall be conclusive on the governmental unit or tribal unit unless, no later than 15 days after the bill was mailed or otherwise delivered to it, the governmental unit or tribal unit files an application for redetermination by the division or an appeal, setting forth the grounds for such application or appeal.
(ii) Upon an application for redetermination the division shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination.
(iii) Any such redetermination shall be conclusive on the governmental unit or tribal unit unless, no later than 15 days after the redetermination was mailed to its last known address or otherwise delivered to it, the governmental unit or tribal unit files an appeal, setting forth the grounds for the appeal.
(iv) Proceedings on appeal from the amount of a bill rendered under this Subsection (2) or a redetermination of the amount shall be in accordance with the provisions of Section 35A-4-508.
(d) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, under Subsection 35A-4-305(1), attach to past due contributions.
(3)
(a) If any governmental unit or tribal unit is delinquent in making payments in lieu of contributions as required under Subsection (2), the division may terminate the governmental unit's or tribal unit's election to make payment in lieu of contributions as of the beginning of the next contribution year, and the termination shall be effective for that and the next contribution year.
(b)
(i) Failure of the Indian tribe or tribal unit to make required payments, including assessments of interest and penalty, within 90 days of receipt of a billing notice will cause the Indian tribe to lose the option to make payments in lieu of contributions, as described in Subsection 35A-4-311(1), for the following tax year unless payment in full is received before contribution rates for the next tax year are computed.
(ii) Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in Subsection (3)(b)(i), shall have the option reinstated if, after a period of one year:
(A) all contributions have been made timely; and
(B) no contributions, payments in lieu of contributions for benefits paid, penalties, or interest remain outstanding.
(iii) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall include information that failure to make full payment within the prescribed time frame:
(A) will cause the Indian tribe to be liable for taxes under the Federal Unemployment Tax Act; and
(B) will cause the Indian tribe to lose the option to make payments in lieu of contributions.
(4) Each governmental unit or tribal unit liable for payments in lieu of contributions shall pay to the division for the fund the amount of regular benefits plus the amount of extended benefits paid that are attributable to service in the employ of such governmental unit or tribal unit. Provided, that governmental units or tribal units electing payments in lieu of contributions shall, with respect to extended benefit costs for weeks of unemployment beginning prior to January 1, 1979, pay an amount equal to 50% of such costs and with respect to extended benefit costs for weeks of unemployment beginning on or after January 1, 1979, shall pay 100% of such costs. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer liable for the payments shall be determined in accordance with Subsection (4)(a) or (4)(b).
(a) If benefits paid to an individual are based on wages paid by one or more employers who are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount that bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.
(b) If benefits paid to an individual are based on wages paid by two or more employers who are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount that bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.
(5)
(a) Two or more Indian tribe or tribal unit employers who have become liable for payments in lieu of contributions, in accordance with the provisions of this section and Subsection 35A-4-204(2)(d), may file a joint application to the division for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of these employers. Each application shall identify and authorize a group representative to act as the group's agent for the purpose of this Subsection (5).
(b) Upon approval of the application, the division shall establish a group account for these employers effective as of the beginning of the calendar quarter in which it receives the application and shall notify the group's representative of the effective date of the account. This account shall remain in effect for not less than one contribution year and thereafter until terminated at the discretion of the division or upon application by the group.
(c) Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in the quarter attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in the quarter bear to the total wages paid during the quarter for service performed in the employ of all members of the group.
(1)
(a) An employing unit shall keep true and accurate work records containing information the department may prescribe by rule.
(b) A record shall be open to inspection and subject to being copied by the division or the division's authorized representatives at a reasonable time and as often as necessary.
(c) An employing unit shall make a record available in the state for three years after the calendar year in which the services are rendered.
(2) The division may require from an employing unit a sworn or unsworn report with respect to a person employed by the employing unit that the division considers necessary for the effective administration of this chapter.
(3) Except as provided in this section or in Sections 35A-4-103 and 35A-4-106, information obtained under this chapter or obtained from an individual may not be published or open to public inspection in a manner revealing the employing unit's or individual's identity.
(4)
(a) The information obtained by the division under this section may not be used in court or admitted into evidence in an action or proceeding, except:
(i) in an action or proceeding arising out of this chapter;
(ii) if the Labor Commission enters into a written agreement with the division under Subsection (6)(b), in an action or proceeding by the Labor Commission to enforce:
(A) Title 34, Chapter 23, Employment of Minors;
(B) Title 34, Chapter 28, Payment of Wages;
(C) Title 34, Chapter 40, Utah Minimum Wage Act; or
(D) Title 34A, Utah Labor Code;
(iii) under the terms of a court order obtained under Subsection 63G-2-202(7) and Section 63G-2-207; or
(iv) under the terms of a written agreement between the Office of State Debt Collection and the division as provided in Subsection (5).
(b) The information obtained by the division under this section shall be disclosed to:
(i) a party to an unemployment insurance hearing before an administrative law judge of the department or a review by the Workforce Appeals Board to the extent necessary for the proper presentation of the party's case; or
(ii) an employer, upon request in writing for information concerning a claim for a benefit with respect to a former employee of the employer.
(5) The information obtained by the division under this section may be disclosed to:
(a) an employee of the department in the performance of the employee's duties in administering this chapter or other programs of the department;
(b) an employee of the Labor Commission for the purpose of carrying out the programs administered by the Labor Commission;
(c) an employee of the Department of Commerce for the purpose of carrying out the programs administered by the Department of Commerce;
(d) an employee of the governor's office or another state governmental agency administratively responsible for statewide economic development, to the extent necessary for economic development policy analysis and formulation;
(e) an employee of another governmental agency that is specifically identified and authorized by federal or state law to receive the information for the purposes stated in the law authorizing the employee of the agency to receive the information;
(f) an employee of a governmental agency or workers' compensation insurer to the extent the information will aid in:
(i) the detection or avoidance of duplicate, inconsistent, or fraudulent claims against:
(A) a workers' compensation program; or
(B) public assistance funds; or
(ii) the recovery of overpayments of workers' compensation or public assistance funds;
(g) an employee of a law enforcement agency to the extent the disclosure is necessary to avoid a significant risk to public safety or in aid of a felony criminal investigation;
(h) an employee of the State Tax Commission or the Internal Revenue Service for the purposes of:
(i) audit verification or simplification;
(ii) state or federal tax compliance;
(iii) verification of a code or classification of the:
(A) 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget; or
(B) 2002 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget; and
(iv) statistics;
(i) an employee or contractor of the department or an educational institution, or other governmental entity engaged in workforce investment and development activities under the Workforce Innovation and Opportunity Act, 29 U.S.C. Sec. 3101 et seq., for the purpose of:
(i) coordinating services with the department;
(ii) evaluating the effectiveness of those activities; and
(iii) measuring performance;
(j) an employee of the Governor's Office of Economic Development, for the purpose of periodically publishing in the Directory of Business and Industry, the name, address, telephone number, number of employees by range, code or classification of an employer, and type of ownership of Utah employers;
(k) the public for any purpose following a written waiver by all interested parties of their rights to nondisclosure;
(l) an individual whose wage data is submitted to the department by an employer, if no information other than the individual's wage data and the identity of the employer who submitted the information is provided to the individual;
(m) an employee of the Insurance Department for the purpose of administering Title 31A, Chapter 40, Professional Employer Organization Licensing Act;
(n) an employee of the Office of State Debt Collection for the purpose of collecting state accounts receivable as provided in Section 63A-3-502; or
(o) a creditor, under a court order, to collect on a judgment as provided in Section 35A-4-314.
(6) Disclosure of private information under Subsection (4)(a)(ii) or Subsection (5), with the exception of Subsections (5)(a), (g), and (o), may be made if:
(a) the division determines that the disclosure will not have a negative effect on:
(i) the willingness of employers to report wage and employment information; or
(ii) the willingness of individuals to file claims for unemployment benefits; and
(b) the agency enters into a written agreement with the division in accordance with rules made by the department.
(7)
(a) The employees of a division of the department other than the Workforce Research and Analysis Division and the Unemployment Insurance Division or an agency receiving private information from the division under this chapter are subject to the same requirements of privacy and confidentiality and to the same penalties for misuse or improper disclosure of the information as employees of the division.
(b) Use of private information obtained from the department by a person or for a purpose other than one authorized in Subsection (4) or (5) violates Section 76-8-1304.
(1) As used in this section:
(a) "Child identity protection plan" is a program operated by the attorney general that uses IRIS and allows the attorney general to enter into an agreement with a third party to transmit verified personal information of a person younger than 18 years of age through secured means to enable the protection of the person's Social Security number from misuse.
(b) "IRIS" means the Identity Theft Reporting Information System operated by the attorney general.
(c) "Personal identifying information" has the same meaning as defined in Section 76-6-1101.
(d) "Suspected misuse of personal identifying information" includes:
(i) a social security number under which wages are being reported by two or more individuals; or
(ii) a social security number of an individual under the age of 18 with reported wages exceeding $1,000 for a single reporting quarter.
(2) Notwithstanding Section 35A-4-312, if the department records disclose a suspected misuse of personal identifying information by an individual other than the purported owner of the information, or if a parent, guardian, or individual under the age of 18 is enrolling or has enrolled in the child identity protection plan, the department may:
(a) inform the purported owner of the information or, if the purported owner is a minor, the minor's parent or guardian, of the suspected misuse; and
(b) provide information of the suspected misuse to an appropriate law enforcement agency responsible for investigating an identity fraud violation.
(1)
(a) The division or its authorized representatives may, upon its own motion or upon application of an employing unit, determine whether an employing unit constitutes an employer and whether services performed for, or in connection with the business of, an employer constitute employment for the employing unit.
(b) A determination described in Subsection (1)(a) may constitute the basis for determination of contribution liability under Subsection 35A-4-305(2) and be subject to review and appeal as provided.
(2) Pursuant to Subsection 35A-4-204(2)(e), if the division or the division's authorized representatives determine that services performed for, or in connection with the business of, a religious, charitable, educational, or other organization do not constitute employment for an employer:
(a) the religious, charitable, educational, or other organization shall notify a prospective employee, at the time an offer of employment is made, that the employee will be unable to claim the service as employment for the purpose of qualifying for unemployment benefits under this chapter; and
(b) the division shall notify the religious, charitable, educational, or other organization of the requirement described in Subsection (2)(a).
(3) Pursuant to Subsection 35A-4-204(2)(e), if the division or the division's authorized representatives determine that the status of whether services performed for, or in connection with the business of, a religious, charitable, educational, or other organization has changed regarding whether the services constitute employment for an employer:
(a) the religious, charitable, educational, or other organization shall notify each current employee of the change in status regarding whether the employee will be able or unable to claim the service as employment for the purpose of qualifying for unemployment benefits under this chapter; and
(b) the division shall notify the religious, charitable, educational, or other organization of the requirement described in Subsection (3)(a).
(1) The division shall disclose to a creditor who has obtained judgment against a debtor the name and address of the last known employer of the debtor if:
(a) the judgment creditor obtains a court order requiring disclosure of the information as described in Subsection (2); and
(b) the judgment creditor completes the requirements described in Subsection (3), including entering into a written agreement with the division.
(2)
(a) A court shall grant an order to disclose the information described in Subsection (1) if, under the applicable Utah Rules of Civil Procedure:
(i) the judgment creditor files a motion with the court, which includes a copy of the judgment, and serves a copy of the motion to the judgment debtor and the division;
(ii) the judgment debtor and the division have the opportunity to respond to the motion; and
(iii) the court denies or overrules any objection to disclosure in the judgment debtor's and the division's response.
(b) A court may not grant an order to disclose the information described in Subsection (1), if the court finds that the division has established that disclosure will have a negative effect on:
(i) the willingness of employers to report wage and employment information; or
(ii) the willingness of individuals to file claims for unemployment benefits.
(c) The requirements of Subsection 63G-2-202(7) and Section 63G-2-207 do not apply to information sought through a court order as described in this section.
(3) If a court order is granted in accordance with this section, a judgment creditor shall:
(a) provide to the division a copy of the order requiring the disclosure;
(b) enter into a written agreement with the division, in a form approved by the division;
(c) pay the division a reasonable fee that reflects the cost for processing the request as established by department rule; and
(d) comply with the data safeguard and security measures described in 20 C.F.R. Sec. 603.9 with respect to information received from the division under this section.
(4) If a judgment creditor complies with Subsection (3), the division shall provide the information to the judgment creditor within 14 business days after the day on which the creditor complies with Subsection (3).
(5) A judgment creditor may not:
(a) use the information obtained under this section for a purpose other than satisfying the judgment between the creditor and debtor; or
(b) disclose or share the information with any other person.
(6) The division may audit a judgment creditor or other party receiving information under this section for compliance with the data safeguard and security measures described in 20 C.F.R. Sec. 603.9.
(7) If a judgment creditor or other party fails to comply with the data safeguard and security measures under 20 C.F.R. Sec. 603.9, the judgment creditor or other party is subject to a civil penalty of no more than $10,000 enforceable by the Utah Office of the Attorney General as follows:
(a) the attorney general, on the attorney general's own behalf or on behalf of the division, may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the civil penalty; and
(b) if the attorney general prevails in enforcing the civil penalty against the judgment creditor or other party:
(i) the attorney general is entitled to an award for reasonable attorney fees, court costs, and investigative expenses; and
(ii) the civil penalty shall be deposited into the Workforce Initiatives Fund created in Section 35A-4-506.
(1)
(a) Benefits are payable from the fund to an individual who is or becomes unemployed and eligible for benefits.
(b) All benefits shall be paid through the employment offices or other agencies designated by the division in accordance with rules the department may prescribe in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
(a)
(i) Except as otherwise provided in Subsection (2)(a)(ii), an individual's "weekly benefit amount" is an amount equal to 1/26th, disregarding any fraction of $1, of the individual's total wages for insured work paid during that quarter of the base period in which the total wages were highest.
(ii) With respect to an individual whose benefit year begins after the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, an individual's weekly benefit amount is an amount equal to 1/26th minus $5, disregarding any fraction of $1, of the individual's total wages for insured work paid during that quarter of the base period in which the total wages were highest.
(b)
(i) The weekly benefit amount may not exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal year, disregarding any fraction of $1.
(ii) With respect to an individual whose benefit year begins after the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, the weekly benefit amount may not exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal year minus $5, disregarding any fraction of $1.
(c)
(i) Except as otherwise provided in Subsections (2)(c)(ii) and (iii), the "weekly benefit amount" of an individual who is receiving, or who is eligible to receive, based upon the individual's previous employment, a pension, which includes a governmental, Social Security, or other pension, retirement or disability retirement pay, under a plan maintained or contributed to by a base-period employer is the "weekly benefit amount" which is computed under this section less 100% of the retirement benefits, that are attributable to a week, disregarding any fraction of $1.
(ii) With respect to an individual whose benefit year begins after July 1, 2004, and ends on or before the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, the "weekly benefit amount" of that individual, who is receiving or who is eligible to receive Social Security benefits based upon the individual's previous employment, is the "weekly benefit amount" which is computed under this section less 50% of the individual's Social Security benefits that are attributable to the week, but not below zero.
(iii) With respect to an individual whose benefit year begins after the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, this Subsection (2)(c) and Subsection (2)(d) do not apply to Social Security benefits an individual is receiving or is eligible to receive as they are not considered retirement benefits for purposes of those subsections.
(d)
(i)
(A) The weekly benefit amount and the potential benefits payable to an individual who, subsequent to the commencement of the individual's benefit year, becomes or is determined to be eligible to receive retirement benefits or increased retirement benefits, shall be recomputed effective with the first calendar week during the individual's benefit year with respect to which the individual is eligible to receive retirement benefits or increased retirement benefits.
(B) The new weekly benefit amount shall be determined under this Subsection (2).
(ii) As recomputed the total benefits potentially payable, commencing with the effective date of the recomputation, shall be equal to the recomputed weekly benefit amount times the quotient obtained by dividing the potential benefits unpaid prior to the recomputation by the initial weekly benefit amount, disregarding fractions.
(3)
(a) An eligible individual who is unemployed in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the individual's wage payable to the individual with respect to that week that is in excess of 30% of the individual's weekly benefit amount.
(b) The resulting benefit payable shall disregard any fraction of $1.
(c) For the purpose of this Subsection (3) "wages" does not include a grant paid to the individual as public assistance.
(4)
(a) An otherwise eligible individual is entitled during a benefit year to a total amount of benefits determined by multiplying the individual's weekly benefit amount times the individual's potential duration.
(b) To determine an individual's potential duration, the individual's total wages for insured work paid during the base period is multiplied by 27%, disregarding any fraction of $1, and divided by the individual's weekly benefit amount, disregarding any fraction, but not less than 10 nor more than 26.
(5)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may by rule prescribe:
(i) that the existence of unemployment, eligibility for benefits, and the amount of benefits payable shall be determined in the case of an otherwise eligible individual who, within a week or other period of unemployment, is separated from or secures work on a regular attachment basis for that portion of the week or other period of unemployment occurring before or after separation from or securing of work; and
(ii) in the case of an individual working on a regular attachment basis, eligibility for benefits and the amount of benefits payable for periods of unemployment longer than a week.
(b) The rules made shall be reasonably calculated to secure general results substantially similar to those provided by this chapter with respect to weeks of unemployment.
(6) The division shall, in all cases involving actual or potential disqualifying issues and prior to the payment of benefits to an eligible individual, notify the individual's most recent employer of the eligibility determination.
(7) Upon written request of an individual made under rules of the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all remuneration for insured work paid to the individual during the individual's period in the form of a bonus or lump-sum payment shall, for benefit purposes, be apportioned to the calendar quarters in which the remuneration was earned.
(1) Except when the result would be inconsistent with the other provisions of this section or the rules of the department, the provisions of this chapter that apply to claims for or payments of regular benefits apply to claims for and payments of extended benefits.
(2) An individual is eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the division finds that with respect to that week the individual:
(a) is an "exhaustee" as defined in this section;
(b) has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and
(c) has satisfied the federal requirements as adopted by state regulation for the receipt of extended benefits.
(3) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period is an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit year.
(4) The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year is the lesser of the following amounts:
(a) 50% of the total amount of regular benefits which were payable to the individual under this chapter in the individual's applicable benefit year;
(b) 13 times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year; or
(c) 39 times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to the individual under this chapter with respect to the benefit year.
(5) Notwithstanding any other provision of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced, but not below zero, by the product of the number of weeks for which the individual received any amounts as trade adjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.
(6)
(a) Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the division shall make an appropriate public announcement.
(b) Computations required by Subsection (7)(f) shall be made by the division, in accordance with regulations prescribed by the United States Secretary of Labor.
(7) As used in this section:
(a) "Extended benefit period" means a period that:
(i) begins with the third week after a week for which there is a state "on" indicator; and
(ii) ends with either:
(A) the third week after the first week for which there is a state "off" indicator; or
(B) after the 13th consecutive week of duration of that period, whichever occurs later; however, no extended benefit period may begin by reason of a state "on" indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this state.
(b) There is a "state 'on' indicator" for this state for a week if the division determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter equaled or exceeded 120% of the average of the rates for the corresponding 13-week period ending in each of the preceding two calendar years and that the rate equaled or exceeded 4% until the weeks beginning after September 25, 1982, at which time it will become 5%.
(c) There is a "state 'off' indicator" for this state for a week if the division determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter was less than 120% of the average of the rates for the corresponding 13-week period ending in each of the preceding two calendar years or that the rate was less than 4% until the weeks beginning after September 25, 1982, at which time it will become 5%.
(d) "Rate of insured unemployment," for purposes of Subsections (7)(b) and (7)(c), means the percentage derived by dividing the average weekly number of individuals filing claims for regular compensation in this state for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the division on the basis of its reports to the Secretary of Labor, by the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.
(e) "Regular benefits" means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen under 5 U.S.C. Chapter 85, other than extended benefits.
(f) "Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen under 5 U.S.C. Chapter 85, payable to an individual under the provisions of this section for weeks of unemployment in the individual's eligibility period.
(g) "Eligibility period" of an individual means the period consisting of the weeks in the individual's benefit year which begin in an extended benefit period and, if the individual's benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.
(h) "Exhaustee" means an individual who, with respect to any week of unemployment in the individual's eligibility period:
(i) has received, prior to that week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependent's allowances and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. Chapter 85, in the individual's current benefit year that includes such week. An individual, for the purposes of this subsection, shall be deemed to have received all of the regular benefits that were available to the individual although, as a result of a pending appeal with respect to wages or employment, or both, that were not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits; or
(ii) has no, or insufficient, wages or employment or both on the basis of which the individual could establish a new benefit year that would include that week, the individual's benefit year having expired prior to that week; and
(iii) has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965, or any other federal laws as are specified in regulations issued by the Secretary of Labor and has not received, and is not seeking, unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada. However, if that individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under that law the individual is considered an "exhaustee," provided that the reference in this subsection to the Virgin Islands shall be inapplicable effective on the day on which the U. S. Secretary of Labor approves under Section 3304 (a) of the Internal Revenue Code of 1954, 26 U.S.C. 3304(a), an unemployment compensation law submitted to the Secretary by the Virgin Islands for approval.
(i) "State law" means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954, 26 U.S.C. 3304(a).
(1) Except as provided in Subsections (2) and (3), an unemployed individual is eligible to receive benefits for any week if the division finds:
(a) the individual has made a claim for benefits for that week in accordance with rules the department may prescribe, except as provided in Subsection (4);
(b) the individual has registered for work with the department and acted in a good faith effort to secure employment during each and every week for which the individual made a claim for benefits under this chapter in accordance with rules the department may prescribe, except as provided in Subsection (4);
(c) the individual is able to work and is available for work during each and every week for which the individual made a claim for benefits under this chapter;
(d) the individual has been unemployed for a waiting period of one week for each benefit year, but a week may not be counted as a week of unemployment for the purpose of this Subsection (1)(d):
(i) unless it occurs within the benefit year that includes the week for which the individual claims benefits;
(ii) if benefits have been paid for the claim; or
(iii) unless the individual was eligible for benefits for the week as provided in this section and Sections 35A-4-401 and 35A-4-405, except for the requirement of this Subsection (1)(d);
(e)
(i) the individual has furnished the division separation and other information the department may prescribe by rule, or proves to the satisfaction of the division that the individual had good cause for failing to furnish the information;
(ii) if an employer fails to furnish reports concerning separation and employment as required by this chapter and rules adopted under the chapter, the division shall, on the basis of information it obtains, determine the eligibility and insured status of an individual affected by that failure and the employer is not considered to be an interested party to the determination;
(f)
(i) the individual's base-period wages were at least 1-1/2 times the individual's wages for insured work paid during that quarter of the individual's base period in which the individual's wages were highest; or
(ii) for any claimant whose benefit year is effective on or before January 1, 2011, the individual shows to the satisfaction of the division that the individual worked at least 20 weeks in insured work during the individual's base-period and earned wages of at least 5% of the monetary base-period wage requirement each week, rounded to the nearest whole dollar, provided that the individual's total base-period wages were not less than the monetary base-period wage requirement as defined in Section 35A-4-201; and
(g)
(i) the individual applying for benefits in a successive benefit year has had subsequent employment since the effective date of the preceding benefit year equal to at least six times the individual's weekly benefit amount, in insured work; and
(ii) the individual's total wages and employment experience in the individual's base period meet the requirements specified in Subsection (1)(f).
(2)
(a) For purposes of this Subsection (2), "suitable employment" means:
(i) work of a substantially equal or higher skill level than the individual's past adversely affected employment as defined for purposes of the Trade Act of 1974; and
(ii) wages for that work at not less than 80% of the individual's average weekly wage as determined for purposes of the Trade Act of 1974.
(b)
(i) An individual in training with the approval of the division is not ineligible to receive benefits by reason of nonavailability for work, failure to search for work, refusal of suitable work, failure to apply for or to accept suitable work, or not having been unemployed for a waiting period of one week for any week the individual is in the approved training.
(ii) For purposes of Subsection (2)(b)(i), the division shall approve any mandatory apprenticeship-related training.
(c) Notwithstanding any other provision of this chapter, the division may not deny an otherwise eligible individual benefits for any week:
(i) because the individual is in training approved under Section 236 (a)(1) of the Trade Act of 1974, 19 U.S.C. 2296(a);
(ii) for leaving work to enter training described in Subsection (2)(c)(i) if the work left is not suitable employment; or
(iii) because of the application to any such week in training of provisions in this law or any applicable federal unemployment compensation law relating to availability for work, active search for work, or refusal to accept work.
(3) An individual located in a foreign country for three or more days of a week and who is otherwise eligible for benefits is only eligible to receive benefits for that week if:
(a) the individual is legally authorized to work in the foreign country; and
(b) the state and the foreign country have entered into a reciprocal agreement concerning the payment of unemployment benefits.
(4) The department may, by rule, waive or alter either or both of the requirements of Subsections (1)(a) and (b) as to:
(a) individuals attached to regular jobs;
(b) a disaster in Utah as declared by the president of the United States or by the state's governor after giving due consideration to factors directly associated with the disaster, including:
(i) the disaster's impact on employers and their ability to employ workers in the affected area in Utah;
(ii) the disaster's impact on claimants and their ability to comply with filing requirements in the affected area in Utah; and
(iii) the magnitude of the disaster and the anticipated time for recovery; and
(c) cases or situations when it finds that compliance with the requirements would be oppressive, or would be inconsistent with the purposes of this chapter, as long as the rule does not conflict with Subsection 35A-4-401(1).
For any week beginning on or after January 1, 2020, the department may waive the one-week waiting period described in Subsection 35A-4-403(1)(d) and pay a benefit to an unemployed individual for that week if:
(1) the unemployed individual otherwise qualifies for a benefit for that week; and
(2)
(a) the president of the United States has issued an order declaring a national emergency that is effective in the state during that week;
(b) the governor has issued an executive order declaring a state of emergency as described in Title 53, Chapter 2a, Emergency Management Act, that is effective during that week; or
(c) the federal government has agreed to reimburse the department for the cost of paying the benefit for that week.
(1) Notwithstanding any requirements involving base periods or other benefit compensational factors provided for under this chapter a person who has had a continuous period of sickness or injury for which the person was compensated under the workers' compensation or the occupational disease laws of this state or under federal law shall, if the person is otherwise eligible, thereafter be entitled to receive the unemployment compensation benefits the person would have been entitled to receive under the law and regulations based on the person's potential eligibility at the time of the person's last employment.
(2) Benefit rights are not preserved under this section unless the individual:
(a) files a claim for benefits with respect to a week no later than 90 days after the end of the continuous period of sickness or injury; and
(b) files the claim with respect to a week within the 36-month period immediately following the commencement of such period of sickness or injury.
Except as otherwise provided in Subsection (5), an individual is ineligible for benefits or for purposes of establishing a waiting period:
(1)
(a) For the week in which the claimant left work voluntarily without good cause, if so found by the division, and for each week thereafter until the claimant has performed services in bona fide, covered employment and earned wages for those services equal to at least six times the claimant's weekly benefit amount.
(b) A claimant may not be denied eligibility for benefits if the claimant leaves work under circumstances where it would be contrary to equity and good conscience to impose a disqualification.
(c) Using available information from employers and the claimant, the division shall consider for the purposes of this chapter the reasonableness of the claimant's actions, and the extent to which the actions evidence a genuine continuing attachment to the labor market in reaching a determination of whether the ineligibility of a claimant is contrary to equity and good conscience.
(d) Except as provided in Subsection (1)(e), a claimant who has left work voluntarily to accompany or follow the claimant's spouse to a new locality does so without good cause for purposes of this Subsection (1).
(e) A claimant who has left work voluntarily to accompany or follow the claimant's spouse to a new locality does so with good cause for purposes of this Subsection (1) and is eligible to receive benefits if:
(i) the claimant's spouse is a member of the United States armed forces and the claimant's spouse has been relocated by a full-time assignment scheduled to last at least 180 days while on:
(A) active duty as defined in 10 U.S.C. Sec. 101(d)(1); or
(B) active guard or reserve duty as defined in 10 U.S.C. Sec. 101(d)(6);
(ii) it is impractical as determined by the division for the claimant to commute to the previous work from the new locality;
(iii) the claimant left work voluntarily no earlier than 15 days before the scheduled start date of the spouse's active-duty assignment; and
(iv) the claimant otherwise meets and follows the eligibility and reporting requirements of this chapter, including registering for work with the division or, if the claimant has relocated to another state, the equivalent agency of that state.
(2)
(a) For the week in which the claimant was discharged for just cause or for an act or omission in connection with employment, not constituting a crime, which is deliberate, willful, or wanton and adverse to the employer's rightful interest, if so found by the division, and thereafter until the claimant has earned an amount equal to at least six times the claimant's weekly benefit amount in bona fide covered employment.
(b) For the week in which the claimant was discharged for dishonesty constituting a crime or any felony or class A misdemeanor in connection with the claimant's work as shown by the facts, together with the claimant's admission, or as shown by the claimant's conviction of that crime in a court of competent jurisdiction and for the 51 next following weeks.
(c) Wage credits shall be deleted from the claimant's base period, and are not available for this or any subsequent claim for benefits.
(3)
(a)
(i) If the division finds that the claimant has failed without good cause to properly:
(A) apply for available suitable work;
(B) appear for a scheduled interview for suitable work;
(C) accept a referral to suitable work offered by the employment office; or
(D) accept suitable work offered by an employer or the employment office.
(ii) For purposes of Subsection (3)(a)(i)(D), the division shall consider a claimant's failure to accept an offer of suitable work from an employer or the employment office within three business days after the day on which the offer is sent as a failure to accept suitable work.
(iii) The ineligibility continues until the claimant has performed services in bona fide covered employment and earned wages for the services in an amount equal to at least six times the claimant's weekly benefit amount.
(b)
(i) A claimant may not be denied eligibility for benefits for failure to apply, accept referral, or accept available suitable work under circumstances where it would be contrary to equity and good conscience to impose a disqualification.
(ii) The division shall consider the purposes of this chapter, the reasonableness of the claimant's actions, and the extent to which the actions evidence a genuine continuing attachment to the labor market in reaching a determination of whether the ineligibility of a claimant is contrary to equity and good conscience.
(c) In determining whether work is suitable for an individual, the division shall consider the:
(i) degree of risk involved to the individual's health, safety, and morals;
(ii) individual's physical fitness and prior training;
(iii) individual's prior earnings and experience;
(iv) individual's length of unemployment;
(v) prospects for securing local work in the individual's customary occupation;
(vi) wages for similar work in the locality; and
(vii) distance of the available work from the individual's residence.
(d) Prior earnings shall be considered on the basis of all four quarters used in establishing eligibility and not just the earnings from the most recent employer. The division shall be more prone to find work as suitable the longer the claimant has been unemployed and the less likely the prospects are to secure local work in his customary occupation.
(e) Notwithstanding any other provision of this chapter, no work is suitable, and benefits may not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(i) if the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(ii) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or
(iii) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules governing ineligibility for benefits under this Subsection (3).
(4) For any week in which the division finds that the claimant's unemployment is due to a stoppage of work that exists because of a strike involving the claimant's grade, class, or group of workers at the factory or establishment at which the claimant is or was last employed.
(a) If the division finds that a strike has been fomented by a worker of any employer, none of the workers of the grade, class, or group of workers of the individual who is found to be a party to the plan, or agreement to foment a strike, shall be eligible for benefits. However, if the division finds that the strike is caused by the failure or refusal of any employer to conform to any law of the state or of the United States pertaining to hours, wages, or other conditions of work, the strike may not render the workers ineligible for benefits.
(b) If the division finds that the employer, the employer's agent or representative has conspired, planned, or agreed with any of the employer's workers, their agents or representatives to foment a strike, that strike may not render the workers ineligible for benefits.
(c) A worker may receive benefits if, subsequent to the worker's unemployment because of a strike as defined in this Subsection (4), the worker has obtained employment and has been paid wages of not less than the amount specified in Subsection 35A-4-401(4) and has worked as specified in Subsection 35A-4-403(1)(f). During the existence of the stoppage of work due to this strike the wages of the worker used for the determination of his benefit rights may not include any wages the worker earned from the employer involved in the strike.
(5)
(a) For each week a claimant obtains a benefit under this chapter by willfully making a false statement or representation or by knowingly failing to report a material fact, and a penalty of no more than 49 additional weeks as follows:
(i) 13 weeks for the first week the false statement or representation was made or fact withheld to receive a benefit; and
(ii) six weeks for each additional week the false statement or representation was made or fact withheld to receive a benefit.
(b) The additional penalty weeks shall begin on the Sunday of the week the determination finding the claimant in violation of this Subsection (5) is issued.
(c)
(i) Each claimant found in violation of this Subsection (5) shall repay to the division the overpayment and, as a civil penalty for fraud, an amount equal to the overpayment.
(ii) The overpayment is the amount of benefits the claimant received by direct reason of fraud.
(iii) Subject to the requirements of Subsection 35A-4-506(7), the civil penalty for fraud amount shall be treated as any other penalty under this chapter.
(iv) The repayment of an overpayment and a civil penalty for fraud shall be collectible by civil action or warrant in the manner provided in Subsections 35A-4-305(3) and (5).
(d) A claimant is ineligible for future benefits or waiting week credit, and any wage credits earned by the claimant shall be unavailable for purposes of paying benefits, if any amount owed under this Subsection (5) remains unpaid.
(e) Determinations under this Subsection (5) shall be appealable in the manner provided by this chapter for appeals from other benefit determinations.
(f) If the fraud determination is based solely on unreported or underreported work or earnings, or both, and the claimant would have been eligible for benefits if the work or earnings, or both, had been correctly reported, the individual does not lose eligibility for that week because of the misreporting but is liable for the overpayment and subject to the penalties in Subsection (5)(c) and the disqualification periods for future weeks in Subsection (5)(a).
(6) For any week with respect to which or a part of which the claimant has received or is seeking unemployment benefits under an unemployment compensation law of another state or the United States. If the appropriate agency of the other state or of the United States finally determines that the claimant is not entitled to those unemployment benefits, this disqualification does not apply.
(7)
(a) For any week with respect to which the claimant is receiving, has received, or is entitled to receive remuneration in the form of:
(i) wages in lieu of notice, or a dismissal or separation payment; or
(ii) accrued vacation or terminal leave payment.
(b) If the remuneration is less than the benefits that would otherwise be due, the claimant is entitled to receive for that week, if otherwise eligible, benefits reduced as provided in Subsection 35A-4-401(3).
(8)
(a) For any week in which the individual's benefits are based on service for an educational institution in an instructional, research, or principal administrative capacity and that begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract if the individual performs services in the first of those academic years or terms and if there is a contract or reasonable assurance that the individual will perform services in that capacity for an educational institution in the second of the academic years or terms.
(b)
(i) For any week in which the individual's benefits are based on service in any other capacity for an educational institution, and that week begins during a period between two successive academic years or terms if the individual performs those services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms.
(ii) If compensation is denied to any individual under this Subsection (8) and the individual was not offered an opportunity to perform the services for the educational institution for the second of the academic years or terms, the individual shall be entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this Subsection (8).
(c) With respect to any services described in Subsection (8)(a) or (b), compensation payable on the basis of those services shall be denied to an individual for any week that commences during an established and customary vacation period or holiday recess if the individual performs the services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
(d)
(i) With respect to services described in Subsection (8)(a) or (b), compensation payable on the basis of those services as provided in Subsection (8)(a), (b), or (c) shall be denied to an individual who performed those services in an educational institution while in the employ of an educational service agency in accordance with the Federal Unemployment Tax Act, 26 U.S.C. Sec. 3304(a)(6)(A)(iv).
(ii) For purposes of this Subsection (8)(d), "educational service agency" means a governmental agency or entity established and operated exclusively for the purpose of providing the services described in Subsection (8)(a) or (b) to an educational institution.
(e) With respect to services described in Subsection (8)(a) or (b), compensation payable on the basis of those services as provided in Subsection (8)(a), (b), or (c) shall be denied to an individual who performed those services:
(i) to or on behalf of an educational institution in accordance with the Federal Unemployment Tax Act, 26 U.S.C. Sec. 3304(a)(6)(A)(v); and
(ii) while employed by a governmental entity, Indian tribe, or nonprofit organization, to which the Federal Unemployment Tax Act, 26 U.S.C. Sec. 3309(a)(1) applies.
(f) Benefits based on service in employment, defined in Subsections 35A-4-204(2)(d) and (e) are payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this chapter.
(9) For any week that commences during the period between two successive sport seasons or similar periods if the individual performed any services, substantially all of which consist of participating in sports or athletic events or training or preparing to participate in the first of those seasons or similar periods and there is a reasonable assurance that individual will perform those services in the later of the seasons or similar periods.
(10)
(a) For any week in which the benefits are based upon services performed by an alien, unless the alien is an individual who has been lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services or was permanently residing in the United States under color of law at the time the services were performed, including an alien who is lawfully present in the United States as a result of the application of Subsection 212(d)(5) of the Immigration and Nationality Act, 8 U.S.C. 1182(d)(5)(A).
(b) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.
(c) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.
(1)
(a) Claims for benefits shall be made and shall be determined by the division or referred to an administrative law judge in accordance with rules adopted by the department.
(b) Each employer shall post and maintain in places readily accessible to individuals in the employer's service printed statements concerning benefit rights, claims for benefits, and the other matters relating to the administration of this chapter as prescribed by rule of the department.
(c) Each employer shall supply to individuals in the employer's service copies of the printed statements or other materials relating to claims for benefits when and as the department may by rule prescribe. The printed statements and other materials shall be supplied by the division to each employer without cost to the employer.
(2)
(a) Jurisdiction over benefits shall be continuous.
(b) Upon its own initiative or upon application of any party affected, the division may on the basis of change in conditions or because of a mistake as to facts, review a decision allowing or disallowing in whole or in part a claim for benefits.
(c) The review shall be conducted in accordance with rules adopted by the department and may result in a new decision that may award, terminate, continue, increase, or decrease benefits, or may result in a referral of the claim to an appeal tribunal.
(d) Notice of any redetermination shall be promptly given to the party applying for redetermination and to other parties entitled to notice of the original determination, in the manner prescribed in this section with respect to notice of an original determination.
(e) The new order shall be subject to review and appeal as provided in this section.
(f) A review may not be made after one year from the date of the original determination, except in cases of fraud or claimant fault as provided in Subsection (4).
(3)
(a) The claimant or any other party entitled to notice of a determination as provided by department rule may file an appeal from the determination with the Division of Adjudication within 10 days after the date of mailing of the notice of determination or redetermination to the party's last-known address or, if the notice is not mailed, within 10 days after the date of delivery of the notice.
(b) Unless the appeal or referral is withdrawn with permission of the administrative law judge, after affording the parties reasonable opportunity for a fair hearing, the administrative law judge shall make findings and conclusions and on that basis affirm, modify, or reverse the determination or redetermination.
(c) The administrative law judge shall first give notice of the pendency of an appeal to the division, which may then be a party to the proceedings. The administrative law judge shall receive into the record of the appeal any documents or other records provided by the division, and may obtain or request any additional documents or records held by the division or any of the parties that the administrative law judge considers relevant to the proper determination of the appeal.
(d) The parties shall be promptly notified of the administrative law judge's decision and shall be furnished with a copy of the decision and the findings and conclusions in support of the decision.
(e) The decision is considered to be final unless, within 30 days after the date of mailing of notice and a copy of the decision to the party's last-known address, or in the absence of mailed notice, within 30 days after the delivery of the notice, further appeal is initiated in accordance with Section 35A-4-508 and Chapter 1, Part 3, Adjudicative Proceedings.
(4)
(a) Any person who, by reason of that person's fraud, has received any sum as benefits under this chapter to which the person was not entitled shall repay the sum to the division for the fund.
(b) If any person, by reason of that person's own fault, has received any sum as benefits under this chapter to which under a redetermination or decision pursuant to this section the person has been found not entitled, the person shall repay the sum, or shall, in the discretion of the division, have the sum deducted from any future benefits payable to the person, or both.
(c) In any case in which under this subsection a claimant is liable to repay to the division any sum for the fund, the sum shall be collectible in the same manner as provided for contributions due under this chapter.
(5)
(a) If any person has received any sum as benefits under this chapter to which under a redetermination or decision that person was not entitled, and it has been found that the person was without fault in the matter, the person is not liable to repay the sum but shall be liable to have the sum deducted from any future benefits payable to the person.
(b) The division may waive recovery of the overpayment if it is shown to the satisfaction of the division that the claimant has the inability to meet more than the basic needs of survival for an indefinite period lasting at least several months.
(1) The department shall advise an individual filing a new claim for benefits at the time of filing the claim that:
(a) unemployment benefits may be subject to federal, state, and local income tax;
(b) there are requirements for estimating tax payments;
(c) the individual may elect to have federal income tax deducted and withheld from the individual's payment of benefits at the amount specified by the Internal Revenue Code;
(d) the individual may elect to have state income tax deducted and withheld from the individual's payment of benefits at the rate of 5%; and
(e) the individual may change a previously elected withholding status.
(2) Amounts deducted and withheld from benefits for income taxes under Subsection (1) shall remain in the unemployment trust fund until transferred to the federal or state taxing authority as a payment of income tax.
(3)
(a) The department shall follow all procedures specified by the United States Department of Labor, the Internal Revenue Service, and the State Tax Commission pertaining to deducting, withholding, and submitting amounts deducted and withheld for income taxes.
(b) Amounts deducted and withheld for income taxes under this section shall be deducted and withheld only after amounts are deducted and withheld for:
(i) overpayment of unemployment compensation;
(ii) child support obligations; or
(iii) any other amount required to be deducted and withheld under this chapter.
(1)
(a) There is established the Unemployment Compensation Fund, separate and apart from all public money or funds of this state, that shall be administered by the department exclusively for the purposes of this chapter.
(b) This fund shall consist of the following money, all of which shall be mingled and undivided:
(i) all contributions collected under this chapter, less refunds of contributions made from the clearing account under Subsection 35A-4-306(5);
(ii) interest earned upon any money in the fund;
(iii) any property or securities acquired through the use of money belonging to the fund;
(iv) all earnings of the property or securities;
(v) all money credited to this state's account in the unemployment trust fund under Section 903 of the Social Security Act, 42 U.S.C. 1101 et seq., as amended; and
(vi) all other money received for the fund from any other source.
(2)
(a) The state treasurer shall:
(i) be the treasurer and custodian of the fund;
(ii) administer the fund in accordance with the directions of the division; and
(iii) pay all warrants drawn upon it by the division or its duly authorized agent in accordance with rules made by the department.
(b) The division shall maintain within the fund three separate accounts:
(i) a clearing account;
(ii) an unemployment trust fund account; and
(iii) a benefit account.
(c) All money payable to the fund, upon receipt by the division, shall be immediately deposited in the clearing account.
(d)
(i) All money in the clearing account after clearance shall, except as otherwise provided in this section, be deposited immediately with the secretary of the treasury of the United States of America to the credit of the account of this state in the unemployment trust fund, established and maintained under Section 904 of the Social Security Act, 42 U.S.C. 1104, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of money in the possession or custody of this state to the contrary notwithstanding.
(ii) Refunds of contributions payable under Subsections 35A-4-205(1)(a) and 35A-4-306(5) may be paid from the clearing account or the benefit account.
(e) The benefit account shall consist of all money requisitioned from this state's account in the unemployment trust fund in the United States treasury.
(f) Money in the clearing and benefit accounts may be deposited in any depository bank in which general funds of this state may be deposited, but no public deposit insurance charge or premium may be paid out of the fund.
(g)
(i) Money in the clearing and benefit accounts may not be commingled with other state funds, but shall be maintained in separate accounts on the books of the depository bank.
(ii) The money shall be secured by the depository bank to the same extent and in the same manner as required by the general depository law of this state.
(iii) Collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the state.
(h)
(i) The state treasurer is liable on the state treasurer's official bond for the faithful performance of the state treasurer's duties in connection with the unemployment compensation fund provided for under this chapter.
(ii) The liability on the official bond shall be effective immediately upon the enactment of this provision, and that liability shall exist in addition to the liability upon any separate bond existent on the effective date of this provision, or which may be given in the future.
(iii) All sums recovered for losses sustained by the fund shall be deposited in the fund.
(3)
(a)
(i) Money requisitioned from the state's account in the unemployment trust fund shall, except as set forth in this section, be used exclusively for the payment of benefits and for refunds of contributions under Subsections 35A-4-205(1)(a) and 35A-4-306(5).
(ii) The department shall from time to time requisition from the unemployment trust fund amounts, not exceeding the amounts standing to this state's account in the fund, as it considers necessary for the payment of those benefits and refunds for a reasonable future period.
(iii)
(A) Upon receipt the treasurer shall deposit the money in the benefit account and shall pay benefits and refunds from the account by means of warrants issued by the division in accordance with rules prescribed by the department.
(B) Expenditures of these money in the benefit account and refunds from the clearing account are not subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody.
(b) Money in the state's account in the unemployment trust fund that were collected under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., and credited to the state under Section 903 of the Social Security Act, 42 U.S.C. 1101 et seq., as amended may be requisitioned from the state's account and used in the payment of expenses incurred by the department for the administration of the state's unemployment law and public employment offices, if the expenses are incurred and the withdrawals are made only after and under a specific appropriation of the Legislature that specifies:
(i) the purposes and amounts;
(ii) that the money may not be obligated after the two-year period that began on the date of the enactment of the appropriation law; and
(iii) that the total amount which may be used during a fiscal year may not exceed the amount by which the aggregate of the amounts credited to this state's account under Section 903 of the Social Security Act, 42 U.S.C. 1101 et seq., as amended, during the fiscal year and the 34 preceding fiscal years, exceeds the aggregate of the amounts used by this state for administration during the same 35 fiscal years.
(A) For the purpose of Subsection (3)(b)(iii), amounts used during any fiscal year shall be charged against equivalent amounts that were first credited and that have not previously been so charged. An amount used during any fiscal year may not be charged against any amount credited during a fiscal year earlier than the 34th preceding fiscal year.
(B) Except as appropriated and used for administrative expenses, as provided in this section, money transferred to this state under Section 903 of the Social Security Act as amended, may be used only for the payment of benefits.
(C) Any money used for the payment of benefits may be restored for appropriation and use for administrative expenses, upon request of the governor, under Section 903(c) of the Social Security Act.
(D) The division shall maintain a separate record of the deposit, obligation, expenditure, and return of funds deposited.
(E) Money deposited shall, until expended, remain a part of the unemployment fund and, if not expended, shall be returned promptly to the account of this state in the unemployment trust fund.
(F) The money available by reason of this legislative appropriation may not be expended or available for expenditure in any manner that would permit their substitution for, or a corresponding reduction in, federal funds that would in the absence of the money be available to finance expenditures for the administration of this chapter.
(c) Any balance of money requisitioned from the unemployment trust fund that remains unclaimed or unpaid in the benefit account after the expiration of the period for which the sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of, benefits and refunds during succeeding periods, or in the discretion of the division, shall be redeposited with the secretary of the treasury of the United States of America to the credit of the state's account in the unemployment trust fund, as provided in Subsection (2).
(4)
(a) The provisions of Subsections (1), (2), and (3), to the extent that they relate to the unemployment trust fund, shall be operative only so long as the unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America continues to maintain for the state a separate book account of all money deposited in the fund by the state for benefit purposes, together with the state's proportionate share of the earnings of the unemployment trust fund, from which no other state is permitted to make withdrawals.
(b)
(i) When the unemployment trust fund ceases to exist, or the separate book account is no longer maintained, all money belonging to the unemployment compensation fund of the state shall be administered by the division as a trust fund for the purpose of paying benefits under this chapter, and the division shall have authority to hold, invest, transfer, sell, deposit, and release the money, and any properties, securities, or earnings acquired as an incident to the administration.
(ii) The money shall be invested in readily marketable bonds or other interest-bearing obligations of the United States of America, of the state, or of any county, city, town, or school district of the state, at current market prices for the bonds.
(iii) The investment shall be made so that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits.
(1)
(a) The department shall administer this chapter through the division.
(b) The department may make, amend, or rescind any rules and special orders necessary for the administration of this chapter.
(c) The division may:
(i) employ persons;
(ii) make expenditures;
(iii) require reports;
(iv) make investigations;
(v) make audits of any or all funds provided for under this chapter when necessary; and
(vi) take any other action it considers necessary or suitable to that end.
(d) No later than the first day of October of each year, the department shall submit to the governor a report covering the administration and operation of this chapter during the preceding calendar year and shall make any recommendations for amendments to this chapter as the department considers proper.
(e)
(i) The report required under Subsection (1)(d) shall include a balance sheet of the money in the fund in which there shall be provided, if possible, a reserve against liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the division in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period.
(ii) Whenever the department believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly inform the governor and the Legislature and make appropriate recommendations.
(2)
(a) The department may make, amend, or rescind rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) The director of the division or the director's designee may adopt, amend, or rescind special orders after appropriate notice and opportunity to be heard. Special orders become effective 10 days after notification or mailing to the last-known address of the individuals or concerns affected thereby.
(3) The director of the division or the director's designee shall cause to be printed for distribution to the public:
(a) the text of this chapter;
(b) the department's rules pertaining to this chapter;
(c) the department's annual reports to the governor required by Subsection (1)(e); and
(d) any other material the director of the division or the director's designee considers relevant and suitable and shall furnish them to any person upon application.
(4)
(a) The division may delegate to any person so appointed the power and authority it considers reasonable and proper for the effective administration of this chapter and may bond any person handling money or signing checks under this authority.
(b) The department may, when permissible under federal and state law, make arrangements to voluntarily elect coverage under the United States Civil Service Retirement System or a comparable private retirement plan with respect to past as well as future services of individuals employed under this chapter who:
(i) were hired prior to October 1, 1980; and
(ii) have been retained by the department without significant interruption in the employees' services for the department.
(c) An employee of the department who no longer may participate in a federal or other retirement system as a result of a change in status or appropriation under this chapter may purchase credit with the employee's assets from the federal or other retirement system in which the employee may no longer participate in a retirement system created under:
(i) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act for a purchase made under this Subsection (4)(c) by an employee eligible for service credit under Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; or
(ii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act, for a purchase made under this Subsection (4)(c) by an employee eligible for service credit under Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
(5) There is created an Employment Advisory Council composed of the members listed in Subsections (5)(a) and (b).
(a) The executive director shall appoint:
(i) not less than three employer representatives chosen from individuals recommended by employers, employer associations, or employer groups;
(ii) not less than three employee representatives chosen from individuals recommended by employees, employee associations, or employee groups; and
(iii) three public representatives chosen at large.
(b) The executive director or the executive director's designee shall serve as a nonvoting member of the council.
(c) The employee representatives shall include both union and nonunion employees who fairly represent the percentage in the labor force of the state.
(d) Employers and employees shall consider nominating members of groups who historically may have been excluded from the council, such as women, minorities, and individuals with disabilities.
(e)
(i) Except as required by Subsection (5)(e)(ii), as terms of current council members expire, the executive director shall appoint each new member or reappointed member to a four-year term.
(ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(f) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(g) The executive director shall terminate the term of any council member who ceases to be representative as designated by the council member's original appointment.
(h) The council shall advise the department and the Legislature in formulating policies and discussing problems related to the administration of this chapter including:
(i) reducing and preventing unemployment;
(ii) encouraging the adoption of practical methods of vocational training, retraining, and vocational guidance;
(iii) monitoring the implementation of the Wagner-Peyser Act;
(iv) promoting the creation and development of job opportunities and the reemployment of unemployed workers throughout the state in every possible way; and
(v) appraising the industrial potential of the state.
(i) The council shall assure impartiality and freedom from political influence in the solution of the problems listed in Subsection (5)(h).
(j) The executive director or the executive director's designee shall serve as chair of the council and call the necessary meetings.
(k) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(l) The department shall provide staff support to the council.
(6) In the discharge of the duties imposed by this chapter, the division director or the director's designee as designated by department rule, may in connection with a disputed matter or the administration of this chapter:
(a) administer oaths and affirmations;
(b) take depositions;
(c) certify to official acts; and
(d) issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records necessary as evidence.
(7)
(a) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the director of the division or the director's designee shall have jurisdiction to issue to that person an order requiring the person to appear before the director or the director's designee to produce evidence, if so ordered, or give testimony regarding the matter under investigation or in question. Any failure to obey that order of the court may be punished by the court as contempt.
(b) Any person who, without just cause, fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in that person's power to do so, in obedience to a subpoena of the director or the director's designee shall be punished as provided in Subsection 35A-1-301(1)(b). Each day the violation continues is a separate offense.
(c) In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
(8)
(a) In the administration of this chapter, the division shall cooperate with the United States Department of Labor to the fullest extent consistent with the provisions of this chapter and shall take action, through the adoption of appropriate rules by the department and administrative methods and standards, as necessary to secure to this state and its citizens all advantages available under the provisions of:
(i) the Social Security Act that relate to unemployment compensation;
(ii) the Federal Unemployment Tax Act; and
(iii) the Federal-State Extended Unemployment Compensation Act of 1970.
(b) In the administration of Section 35A-4-402, which is enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26 U.S.C. Sec. 3304, the division shall take any action necessary to ensure that the section is interpreted and applied to meet the requirements of the federal act, as interpreted by the United States Department of Labor and to secure to this state the full reimbursement of the federal share of extended and regular benefits paid under this chapter that are reimbursable under the federal act.
The division may destroy or dispose of reports or records that are properly recorded or summarized in the payment records of the division, or that are no longer necessary in the proper administration of this chapter in accordance with an applicable records retention schedule approved by the Records Management Committee under Section 63A-12-113.
(1) As used in this section, "fund" means the Workforce Initiatives Fund created in Subsection (2).
(2) There is created an expendable special revenue fund known as the "Workforce Initiatives Fund."
(3) The fund consists of:
(a) except as provided in Subsection (7), interest and penalties collected under this chapter, less refunds made under Subsection 35A-4-306(5);
(b) money requisitioned under Section 35A-4-507;
(c) gifts, grants, donations, contributions, or any other conveyance of money that may be made to the fund from public or private sources; and
(d) interest and earnings on fund money.
(4) The state treasurer shall:
(a) invest money in the fund in accordance with Title 51, Chapter 7, State Money Management Act; and
(b) deposit interest and earnings derived from investing fund money into the fund.
(5) Subject to Subsection (6), the department may expend money in the fund:
(a) for the administration of this title;
(b) to establish reserves for the state program created under Title 31A, Chapter 38, Federal Health Care Tax Credit Program Act, in accordance with Subsection 31A-38-104(1)(b);
(c) to cover the costs of programs or initiatives implemented by the department for workforce development;
(d) for a purpose which supports the department, employers, or workforce initiatives; and
(e) for programs that reinvest in the workforce.
(6)
(a) Money in the fund shall be made available to replace, within a reasonable time, any money received by this state under Section 302 of the Social Security Act, 42 U.S.C. Sec. 502, as amended, that because of any action of contingency has been lost or has been expended for purposes other than or in amounts in excess of those necessary for the proper administration of this chapter.
(b) If the department expends money in the fund for a purpose unrelated to the administration of the unemployment compensation program as described in Subsection 303(a)(8) of the Social Security Act, 42 U.S.C. Sec. 503(a)(8), as amended, the division shall develop and follow a cost allocation plan in compliance with United States Department of Labor regulations, including the cost principles described in 29 C.F.R. Sec. 97.22(b) and 2 C.F.R. Part 225.
(7) In accordance with Subsection 303(a)(11) of the Social Security Act, 42 U.S.C. Sec. 503(a)(8), as amended, the department shall deposit 15% of civil penalties collected for fraud under Subsection 35A-4-405(5)(c)(i) into the Unemployment Compensation Fund established in Section 35A-4-501.
(1) Notwithstanding the provisions of Sections 35A-4-501 and 35A-4-506, the department may requisition and receive from the state's account in the unemployment trust fund in the treasury of the United States the money standing to the state's credit as may, consistent with conditions for approval of this chapter under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., be used for expenses of administering this chapter and to expend the money for that purpose.
(2) Money requisitioned under Subsection (1) shall be deposited into the Workforce Initiatives Fund created in Section 35A-4-506.
(1)
(a) A review of a decision or determination involving contribution liability or applications for refund of contributions shall be made by the division in accordance with the provisions of this chapter.
(b) The division in conducting the review may in its discretion:
(i) refer the matter to an administrative law judge;
(ii) decide the application for review on the basis of any facts and information as may be obtained; or
(iii) hear argument or hold an informal hearing to secure further facts.
(c) After the review, notice of the decision shall be given to the employing unit.
(d) The decision made pursuant to the review is the final decision of the division unless, within 10 days after the date of notification or mailing of the decision, a further appeal is initiated under the provisions of this section.
(2)
(a) Within 10 days after the mailing or personal delivery of a notice of a determination or decision rendered following a review under Subsection (1), an employing unit may appeal to the Division of Adjudication by filing a notice of appeal.
(b) The administrative law judge shall give notice of the pendency of the appeal to the division and any parties entitled to notice as provided by department rule. The administrative law judge shall receive into the record of the appeal any documents or other records provided by the division, and may obtain or request any additional documents or records held by the division or any of the parties that the administrative law judge considers relevant to a proper determination of the appeal.
(c) After affording the parties reasonable opportunity for a fair hearing, the administrative law judge shall make findings and conclusions and on that basis affirm, modify, or reverse the determination of the division.
(d) The parties and the division shall be promptly notified of the administrative law judge's decision and furnished a copy of the decision and findings.
(e) The decision of the administrative law judge is considered to be a final order of the department unless within 30 days after the date the decision of the administrative law judge is issued further appeal is initiated under this section and Chapter 1, Part 3, Adjudicative Proceedings.
(3)
(a) The director of the Division of Adjudication shall assign an impartial, salaried administrative law judge selected in accordance with Subsection 35A-4-502(4)(a) to hear and decide referrals or appeals relating to claims for benefits or to make decisions affecting employing units under this chapter.
(b) All records on appeals shall be maintained in the offices of the Division of Adjudication. The records shall include an appeal docket showing the receipt and disposition of the appeals on review.
(4) The Workforce Appeals Board may review and decide an appeal from a decision of an administrative law judge issued under this chapter.
(5)
(a) The manner in which disputed matters are presented, the reports required from the claimant and employing units, and the conduct of hearings and appeals shall be in accordance with rules prescribed by the department for determining the rights of the parties, whether or not the rules conform to common-law or statutory rules of evidence and other technical rules of procedure.
(b) When the same or substantially similar evidence is relevant and material to the matters in issue in more than one proceeding, the same time and place for considering each matter may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, if in the judgment of the administrative law judge having jurisdiction of the proceedings, the consolidation would not be prejudicial to any party.
(6)
(a) Except for reconsideration of any determination under Subsection 35A-4-406(2), any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination that has become final, or in a decision on appeal under this section that has become final, is conclusive for all the purposes of this chapter as between the division, the claimant, and all employing units that had notice of the determination, redetermination, or decision. Subject to appeal proceedings and judicial review as provided in this section, any determination, redetermination, or decision as to rights to benefits is conclusive for all the purposes of this chapter and is not subject to collateral attack by any employing unit, irrespective of notice.
(b) Any findings of fact or law, judgment, conclusion, or final order made by an unemployment insurance hearing officer, administrative law judge, or any person with the authority to make findings of fact or law in any action or proceeding before the unemployment insurance appeals tribunal, is not conclusive or binding in any separate or subsequent action or proceeding, between an individual and the individual's present or prior employer, brought before an arbitrator, court, or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.
(7)
(a) Any decision in the absence of an appeal as provided becomes final upon issuance and judicial review may be permitted only after any party claiming to be aggrieved has exhausted the party's remedies before the department as provided by this chapter.
(b) The division is a party to any judicial action involving any decisions and shall be represented in the judicial action by any qualified attorney employed by the department and designated by it for that purpose or at the division's request by the attorney general.
(8)
(a) Within 30 days after the decision of the Workforce Appeals Board is issued, any aggrieved party may secure judicial review by commencing an action in the court of appeals against the Workforce Appeals Board for the review of its decision, in which action any other party to the proceeding before the Workforce Appeals Board shall be made a defendant.
(b) In that action a petition, that shall state the grounds upon which a review is sought, shall be served upon the Workforce Appeals Board or upon that person the Workforce Appeals Board designates. This service is considered completed service on all parties but there shall be left with the party served as many copies of the petition as there are defendants and the Workforce Appeals Board shall mail one copy to each defendant.
(c) With its answer, the Workforce Appeals Board shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with its findings of fact and decision, in accordance with the requirements of the Utah Rules of Appellate Procedure.
(d) The Workforce Appeals Board may certify to the court questions of law involved in any decision by the board.
(e) In any judicial proceeding under this section, the findings of the Workforce Appeals Board as to the facts, if supported by evidence, are conclusive and the jurisdiction of the court is confined to questions of law.
(f) It is not necessary in any judicial proceeding under this section to enter exceptions to the rulings of the division, an administrative law judge, Workforce Appeals Board and no bond is required for entering the appeal.
(g) Upon final determination of the judicial proceeding, the division shall enter an order in accordance with the determination. In no event may a petition for judicial review act as a supersedeas.
(9) The procedure provided for hearings and decisions with respect to any decision or determination of the division affecting claimants or employing units under this chapter is the sole and exclusive procedure notwithstanding any other provision of this title.
(1) The department shall develop and maintain a website through which employers may:
(a) access the following information:
(i) the division's rules and processes for the administration of this chapter;
(ii) a description of conduct that disqualifies a claimant from receiving benefits under Section 35A-4-405;
(iii) instructions for detecting and reporting possible violations of Section 35A-4-405;
(iv) information about the process for determining whether a claimant has violated Section 35A-4-405, including the factors considered by the division in making the determination;
(v) any other resources available to employers to assist in understanding the requirements of this chapter; and
(vi) the division contact information;
(b) report possible violations of Section 35A-4-405 to the division; and
(c) communicate directly with the division.
(2) The department shall ensure that the website described in Subsection (1):
(a) is developed in a user-friendly manner with simple, easy-to-understand language; and
(b) is directly accessible via a link from the main page of the division's website.
(1) This chapter is known as the "Training and Workforce Improvement Act."
(2) This part is known as the "Job Training Coordination Act."
(1) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the state, through the department, may and is encouraged to apply for retraining, community assistance, or technology transfer funds available through:
(a) the United States Department of Defense;
(b) United States Department of Labor; or
(c) other appropriate federal offices or departments.
(2) In applying for federal funds, the state, through the department, may inform the federal government of state matching or enhancement funds if those funds are available under Section 67-1-12.
(1) Delivery of job training related services not administered by the department under this chapter shall be provided in accordance with Subsections (2) and (3).
(2) The State Board of Education and the Utah Board of Higher Education shall provide for basic education, remedial education, and applied technology training.
(3) The Office of Rehabilitation shall provide those services authorized under the Rehabilitation Act of 1973, as amended.
(1) In compliance with Title 63G, Chapter 6a, Utah Procurement Code, the department shall enter into a contract with one or more qualified providers to implement the state workforce services plan described in Section 35A-1-207.
(2) A contract entered into under this section:
(a) shall be performance based; and
(b) may be structured so that the provider receives reimbursement based on:
(i) job development;
(ii) participant placement in jobs;
(iii) wages and benefits provided; and
(iv) participant retention in jobs over at least a 12-month period.
(3) If the department determines through the procurement process that there are no qualified providers to implement the state workforce services plan, the department may implement the plan.
This part is known as the "Tax Credit for Employment of Persons Who Are Homeless Act."
As used in this part:
(1) "Date of hire" means the date a person who is homeless first performs labor or services for compensation for an employer.
(2) "Governmental entity" is as defined in Section 59-2-511.
(3) "Permanent housing, permanent supportive, or transitional facility" means a facility:
(a) located within the state;
(b) that provides supervision of residents of the facility; and
(c) that is:
(i) a publicly or privately operated shelter:
(A) designed to provide temporary living accommodations, including a welfare hotel, congregate shelter, or transitional housing for the mentally ill; and
(B) that receives federal homeless assistance funding distributed by the United States Department of Housing and Urban Development; or
(ii) an emergency shelter that receives homeless assistance funding from a county, city, or town.
(4) "Person who is homeless" means an individual whose primary nighttime residence is:
(a) a public or private place not designated for or ordinarily used as a regular sleeping accommodation for an individual, including a car, park, abandoned building, bus station, train station, airport, or camping ground; or
(b) a publicly or privately operated shelter designated to provide temporary living arrangements, including a permanent housing, permanent supportive, or transitional facility.
(5) "Wage requirement" means that an employer pays a person who is homeless $4,000 or more in wages during a time period that:
(a) begins on the date of hire; and
(b) ends no later than two calendar quarters after the calendar quarter in which the date of hire occurs.
(1) An employer who employs a person who is homeless and seeks to receive a tax credit certificate under this part shall file an application with the department with respect to each person who is homeless that the employer employs.
(2) The application shall be on a form the department provides to the employer.
(3) The application shall require the employer to certify that:
(a) the person who the employer employs:
(i) met the definition of a person who is homeless on the date of hire or at any time during the 60-day period immediately before the date of hire;
(ii) is an employee, and not an independent contractor, of the employer;
(iii) is legally eligible to work in the United States; and
(iv) has not worked for the employer for more than 40 hours during the 60-day period immediately before the date of hire; and
(b) the employer:
(i) complies with all state, federal, or local requirements related to the employment of the person who is homeless; and
(ii) is not a governmental entity.
(4) The application:
(a) shall list, for each person who is homeless that the employer employs:
(i) the person's name;
(ii) the person's social security number; and
(iii) the person's current address;
(b) shall list the employer's federal employer identification number; and
(c) may require additional information as determined by the department.
(5) An employer shall provide documentation to the department to support the certifications and other information the employer provides in the application described in this section.
(6) If the department determines that, on the basis of the documentation and other information the employer provides, the employer has satisfied the certification requirements of Subsection (3) and provided the information described in Subsection (4), the department shall enter into a participation agreement with the employer as provided in Section 35A-5-304 for each person who is homeless who the employer employs.
(7) If the department determines that, on the basis of the documentation and other information the employer provides, the employer has not satisfied the certification requirements of Subsection (3) or provided the information described in Subsection (4), the department:
(a) shall deny the application; or
(b) inform the employer that the documentation the employer provided is inadequate and request the employer to submit new or additional documentation.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with the provisions of this part, the department may make rules governing the administration of the tax credit described in this part.
(1) If the department enters into a participation agreement with an employer, the participation agreement shall:
(a) be provided by the department; and
(b) establish the requirements the employer is required to meet to be eligible to receive a tax credit certificate, including:
(i) requiring the employer to meet the certification requirements of Subsection 35A-5-303(3);
(ii) requiring the employer to provide written notice to the department when the employer meets the wage requirement; and
(iii) requiring the employer to provide documentation or other information the department requests:
(A) to establish the hours and dates that the person who is homeless works for the employer; and
(B) to support the employer's eligibility to receive a tax credit certificate under this part.
(2) An agreement under this section does constitute a right to receive a tax credit certificate under this part.
(1) An employer shall provide written notice to the department as provided in the participation agreement described in Section 35A-5-304.
(2) The department shall determine whether an employer has met the requirements of the participation agreement under Section 35A-5-304 to receive a tax credit certificate after the employer provides the written notice described in Subsection (1) to the department.
(3) Subject to the other provisions of this section, if the department determines that an employer has met the requirements of the participation agreement under Section 35A-5-304 to receive a tax credit certificate, the department may issue a tax credit certificate to the employer.
(4) A tax credit certificate under this section:
(a) shall list the amount of tax credit allowable for the taxable year in an amount that does not exceed $2,000;
(b) shall list the name and federal employer number of the employer;
(c) shall list the name, Social Security identification number, and current address of the person who is homeless with respect to whom the employer has met the wage requirement; and
(d) may include any other information required by the department.
(5) Subject to Subsections (6) and (7), the department shall issue tax credit certificates under this section in the order that the department receives the written notice described in Subsection (1).
(6) The department may not issue tax credit certificates that total more than $100,000 in a fiscal year.
(7)
(a) Subject to Subsection (7)(b), if the department would have issued tax credit certificates that total more than $100,000 in a fiscal year but for the limit provided in Subsection (6), the department shall issue the tax credit certificates that exceed $100,000 in the next fiscal year.
(b) If the department issues tax credit certificates in accordance with Subsection (7)(a):
(i) the tax credit certificates may not total more than $100,000; and
(ii) the department may not issue tax credit certificates for an amount that exceeds the limit described in Subsection (7)(b)(i) in a future fiscal year.
(8) The department shall provide a copy of a tax credit certificate the department issues under this section to the State Tax Commission.
Beginning with the 2016 interim, the department shall annually provide an electronic report to the Economic Development and Workforce Services Interim Committee and the Revenue and Taxation Interim Committee:
(1) on or before the November interim meeting; and
(2) on the amount of tax credits the department grants under this part.
This chapter shall be known as the "Apprenticeship Act."
As used in this chapter and in Title 34, Labor in General:
(1) "Apprentice" means an individual who has entered into:
(a) a written agreement approved by the Office of Apprenticeship with an employer or the employer's agent, an association of employers, an organization of employees, or a joint committee representing employers and employees;
(b) an apprenticeship that meets Office of Apprenticeship standards; or
(c) an apprenticeship that can be completed at no charge to the participant where the participant learns and works with registered standards to learn a set of skills that result in the participant qualifying for a state license or certification or earning industry recognized credentials at the completion of the apprenticeship.
(2) "Apprenticeship" means an industry-driven, high-quality career pathway where employers can develop and prepare their future workforce, and individuals can obtain paid work experience, classroom instruction, and a portable, nationally recognized credential.
(3) "Commissioner" means the Commissioner of Apprenticeship Programs described in Section 35A-6-105.
(4) "Office of Apprenticeship" means the federal agency designated by the United States Department of Labor to oversee apprenticeship programs.
(5) "Pre-apprenticeship" means a program or set of strategies that is designed to prepare individuals to enter and succeed in an apprenticeship program with registered standards.
(6) "Youth apprenticeship" means a program or set of strategies that combines academic and technical classroom instruction with work experience through an apprenticeship program and which provides the foundation for youth in high school to choose among multiple pathways, including enrolling in college, beginning full-time employment, or a combination of college and employment.
Every apprenticeship agreement entered into under this chapter shall contain:
(1) the names of the contracting parties;
(2) the date of birth of the apprentice;
(3) a statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin;
(4) a statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction shall be not less than 144 hours per year, unless prior educational experience is substituted or prior practical experience programs are substantial as provided in other state laws;
(5) a statement setting forth a schedule of the work processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process;
(6) a statement of the graduated scale of wages to be paid the apprentice and whether the required school time shall be compensated;
(7) a statement providing for a period of probation during which time the apprenticeship agreement may be terminated by either party to the agreement; and
(8) a statement that if an employer is unable to fulfill the employer's obligation under the apprenticeship agreement, the employer may transfer such obligation to another employer.
This chapter applies only to such persons, firms, political subdivisions, corporations, employer associations, or bona fide organizations of employees as voluntarily elect to conform with its provisions.
(1) As used in this section, "youth apprentice" means an individual who is:
(a) participating in a youth apprenticeship; and
(b) enrolled in a public school.
(2) A youth apprentice is considered to be a volunteer government worker of the public school in which the individual is enrolled, solely for purposes of:
(a) receiving workers' compensation medical benefits; and
(b) coverage by the Risk Management Fund created in Section 63A-4-201.
(3) Receipt of medical benefits under Subsection (2) shall be the exclusive remedy against the school and the cooperating employer for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(1) There is created the position of commissioner of apprenticeship programs within the department.
(2) The commissioner shall be appointed by the executive director and chosen from one or more recommendations provided by a majority vote of the State Workforce Development Board.
(3) The commissioner may be terminated without cause by the executive director.
(4) The commissioner shall:
(a) promote and educate the public, including high school guidance counselors and potential participants in apprenticeship programs, about apprenticeship programs, youth apprenticeship, and pre-apprenticeship programs offered in the state, including apprenticeship, youth apprenticeship, and pre-apprenticeship programs offered by private sector businesses, trade groups, labor unions, partnerships with educational institutions, and other associations in the state;
(b) coordinate with the department and other stakeholders, including union and nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education, the Utah System of Higher Education, the Department of Commerce, the Division of Professional Licensing, and the Governor's Office of Economic Development to improve and promote apprenticeship opportunities in the state; and
(c) provide an annual written report to:
(i) the department for inclusion in the department's annual written report described in Section 35A-1-109;
(ii) the Economic and Community Development Appropriations Subcommittee; and
(iii) the Higher Education Appropriations Subcommittee.
(5) The annual written report described in Subsection (4)(c) shall provide information concerning:
(a) the number of available apprenticeship, youth apprenticeship, and pre-apprenticeship programs in the state;
(b) the number of apprentice participants in each program;
(c) the completion rate of each program;
(d) the cost of state funding for each program; and
(e) recommendations for improving apprenticeship, youth apprenticeship, and pre-apprenticeship programs.
This chapter is known as the "Centralized New Hire Registry Act."
As used in this chapter:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Compensation" means payment owed by an employer for labor or services performed by an employee.
(3) "Date of hire" means the date labor or services for compensation are first performed by the employee.
(4) "Date of rehire" means the date labor or services for compensation are first performed by an employee who was previously employed by the employer but has been separated from that employment for at least 60 consecutive days.
(5)
(a) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986.
(b) "Employee" does not include an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of that agency determines that reporting the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(6)
(a) "Employer" means any person or entity that is an employer as defined in Section 3401(d) of the Internal Revenue Code of 1986.
(b) "Employer" includes any governmental entity and any labor organization.
(7)
(a) "Labor organization" means any entity as defined in Section 2(5) of the National Labor Relations Act.
(b) "Labor organization" includes any entity or hiring hall that is used by agreement between the organization and an employer to carry out requirements described in Section 8(f)(3) of the National Labor Relations Act.
(8) "Registry" means the centralized new hire registry created in Section 35A-7-103.
(1)
(a) The Department of Workforce Services, through contract with the Office of Recovery Services, shall establish a centralized new hire registry database for the purpose of receiving and maintaining information on newly hired or rehired employees.
(b) The database shall be formatted to conduct automatic comparisons as described in Section 35A-7-105 by October 1, 1997.
(2) Information in the registry will be used to match the employee's employment records with other databases to allow for the rapid implementation of support orders and verification of employment status.
(1) An employer that hires or rehires an employee shall send to the department:
(a) the employee's name, address, Social Security number, and date of hire or date of rehire; and
(b) the employer's name, address, and federal tax identification number.
(2) An employer shall send the information required by this section to the department:
(a) not later than 20 days after the date of hire or date of rehire; or
(b) if approved by the department, on a semimonthly basis of not less than 12 days nor more than 16 days apart.
(3) The department shall determine by rule the form and manner for sending the information required under this section, which may include magnetic, electronic, and voice activated transmission.
(4) The reporting requirement of this section does not apply to an employer if the employer:
(a) has employees in two or more states;
(b) sends the information required by this section to a state other than Utah; and
(c) complies with the multi-state employer reporting requirement of Section 453A of the Social Security Act, 42 U.S.C. 653a.
(1) Within five business days after receiving information described in Section 35A-7-104, the department shall:
(a) enter the information into the registry;
(b) conduct an automated comparison of the social security numbers reported by employers and the social security numbers appearing in the records of the Office of Recovery Services beginning May 1, 1998; and
(c) when an information comparison reveals a positive match between an individual's social security number and the child support records, provide the following information to the Office of Recovery Services:
(i) the name, address, and social security number of the individual; and
(ii) the name, address, and federal tax number of the individual's employer.
(2) Beginning May 1, 1998, within two business days after information described in Section 35A-7-104 is entered into the registry, matched, and reported to the Office of Recovery Services, the Office of Recovery Services shall transmit a notice to the employer directing the employer to withhold the employee's wages in an amount equal to the employee's monthly or other periodic support obligation.
(3) Within three business days after information described in Section 35A-7-104 is entered into the registry, the department shall furnish that information to the National Directory of New Hires.
(4) The department shall, on a quarterly basis, furnish to the National Directory of New Hires extracts of the reports required under the Social Security Act, 42 U.S.C. Sec. 303(a)(6), to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals by such dates, in such format, and containing such information as specified in federal regulations.
(5) State agencies operating employment security and workers' compensation programs may have access to the information in the registry for purposes of administering those programs.
(1) An employer who fails to timely report the hiring or rehiring of an employee as required by this chapter is subject to a civil penalty of:
(a) $25 for each such failure; or
(b) $500 if the failure to report is intentional and is the result of an agreement between the employer and the employee to not supply the required information, or to supply false or incomplete information.
(2) The department may assess the penalty by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. The department shall collect any unpaid civil penalty in the same manner as provided for other penalties under Subsections 35A-4-305(3) and (5).
(1)
(a) The records of the registry shall be maintained as private records under Section 63G-2-202.
(b) In addition to those persons granted access to private records under Sections 63G-2-202 and 63G-2-206, state or federal agencies may access data from the registry for the following purposes:
(i) the Office of Recovery Services for use related to locating, establishing, and enforcing child, medical, and spousal support obligations and other services;
(ii) state agencies which use financial information in determining eligibility for public assistance programs;
(iii) state agencies which use financial information in collecting state accounts receivable; and
(iv) federal agencies responsible for periodic matches of new hire registry information with federal data bases.
(2) Information that is received under this chapter shall be kept by the department for at least six months.
(1) The department may contract for services to assist with the implementation of this chapter.
(2) The department, through contract with the Office of Recovery Services, may collect fees from state and federal agencies for performing data comparisons in accordance with Section 35A-4-106.
As used in this chapter:
(1) "Accessible housing" means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(2) "Director" means the director of the division.
(3) "Division" means the Division of Community Services.
The Division of Community Services is under the administration and general supervision of the director.
(1) The division shall:
(a) assist local governments and citizens in the planning, development, and maintenance of necessary public infrastructure and services;
(b) cooperate with, and provide technical assistance to, counties, cities, towns, regional planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation boards, community development groups, community action agencies, and other agencies created for the purpose of aiding and encouraging an orderly, productive, and coordinated development of the state and the state's political subdivisions;
(c) assist the governor in coordinating the activities of state agencies which have an impact on the solution of community development problems and the implementation of community plans;
(d) serve as a clearinghouse for information, data, and other materials which may be helpful to local governments in discharging local government responsibilities and provide information on available federal and state financial and technical assistance;
(e) carry out continuing studies and analyses of the problems faced by communities within the state and develop such recommendations for administrative or legislative action as appear necessary;
(f) assist the Division of Housing and Community Development within the Governor's Office of Economic Development in funding affordable housing;
(g) support economic development activities through grants, loans, and direct programs financial assistance;
(h) certify project funding at the local level in conformance with federal, state, and other requirements;
(i) utilize the capabilities and facilities of public and private universities and colleges within the state in carrying out the division's functions; and
(j) assist and support local governments, community action agencies, and citizens in the planning, development, and maintenance of home weatherization, energy efficiency, and antipoverty activities.
(2) The division may:
(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
(b) if any federal program requires the expenditure of state funds as a condition to participation by the state in any fund, property, or service, with the governor's approval, expend whatever funds are necessary out of the money provided by the Legislature for the use of the department.
As used in this part:
(1) "Area of operation" means:
(a) in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or
(b) in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city.
(2) "Blighted area" means an area where dwellings predominate that, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities or any combination of these factors, are detrimental to safety, health, and morals.
(3) "Bonds" means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part.
(4) "City" means a city or town in the state.
(5) "Clerk" means the city or county clerk, or the officer charged with the duties customarily imposed on the clerk.
(6) "County" means a county in the state.
(7) "Elderly" means a person who meets the age, disability, or other conditions established by regulation of the authority.
(8) "Federal government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States.
(9) "Governing body" means, in the case of a city, the council or other body of the city in which is vested legislative authority customarily imposed on the city council, and in the case of a county, the board of county commissioners.
(10) "Housing authority" or "authority" means a public body corporate and politic created by this part.
(11)
(a) "Housing project" or "project" means a work or undertaking, on contiguous or noncontiguous sites to:
(i) demolish, clear, or remove buildings from a blighted area;
(ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or
(iii) accomplish a combination of Subsections (11)(a)(i) and (ii).
(b) "Housing project" includes:
(i) buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances;
(ii) streets, sewers, water service, utilities, parks, site preparation and landscaping;
(iii) facilities for administrative, community, health, recreational, welfare, or other purposes;
(iv) the planning of the buildings and other improvements;
(v) the acquisition of property or any interest in the property;
(vi) the demolition of existing structures;
(vii) the construction, reconstruction, rehabilitation, alteration, or repair of the improvements and all other work in connection with them; and
(viii) all other real and personal property and all tangible or intangible assets held or used in connection with the housing project.
(12) "Major disaster" means a flood, drought, fire, hurricane, earthquake, storm, or other catastrophe, which in the determination of the governing body is of sufficient severity and magnitude to warrant the use of available resources of the federal, state, and local governments to alleviate the damage, hardship, or suffering caused.
(13) "Mayor" means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city.
(14) "Obligee of an authority" or "obligee" includes a bondholder, agent or trustee for a bondholder, a lessor demising to the authority used in connection with a project, an assignee or assignees of the lessor's interest in whole or in part, and the federal government when it is a party to a contract with the authority.
(15) "Persons of medium and low income" mean persons or families who, as determined by the authority undertaking a project, cannot afford to pay the amounts at which private enterprise, unaided by appropriate assistance, is providing a substantial supply of decent, safe and sanitary housing.
(16) "Person with a disability" means a person with any disability as defined by and covered under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
(17) "Public body" means a city, county or municipal corporation, commission, district, authority, agency, subdivision, or other body of the foregoing.
(18) "Real property" includes all lands, improvements, and fixtures on them, property of any nature appurtenant to them or used in connection with them, and every estate, interest, and right, legal or equitable, including terms for years.
(1) The governing body of each public body of the state, except the state itself, may create an authority, corporate and politic, to be known as a "housing authority."
(2) The governing body of a city or county shall give consideration to the need for an authority:
(a) on its own motion; or
(b) upon the filing of a petition signed by 25 electors of the city or county asserting that there is need for an authority to function in the city or county and requesting that its governing body make a declaration to that effect.
(3) The governing body shall adopt a resolution declaring there is need for an authority and creating an authority in the city or county if it finds:
(a) that unsanitary or unsafe inhabited dwelling accommodations exist in the city or county; or
(b) that there is a shortage of safe and sanitary dwelling accommodations in the city or county available to persons of medium and low income at rentals or prices they can afford.
(4)
(a) In any suit, action, or proceeding involving the validity or enforcement of a contract of the authority, an authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of the resolution prescribed in Subsection (3).
(b) A copy of the resolution duly certified by the clerk shall be admissible in evidence in a suit, action, or proceeding.
(5) In counties of the third, fourth, fifth, and sixth class, the governing body of each public body of the state, except the state itself, may contract with or execute an interlocal agreement for services to be provided by an existing housing authority established in another political subdivision.
(6)
(a) Each housing authority shall register and maintain the housing authority's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(b) A housing authority that fails to comply with Subsection (6)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
(1)
(a) There is created, with respect to each Indian tribe, band, or community in the state, a public body corporate and politic, to function in the operating area of the Indian tribe, band, or community to be known as the "housing authority" of the Indian tribe, band, or community, which is an agency of this state, possessing all powers, rights, and functions specified for city and county authorities created under this part.
(b) This Indian housing authority may not transact business or exercise its powers unless the governing council of the tribe, band, or community, by proper resolution, declares that there is a need for an authority to function for the tribe, band, or community.
(2)
(a) Except as otherwise provided in this part, the provisions of law applicable to housing authorities created for cities and counties and the commissioners of these authorities shall be applicable to Indian housing authorities and the commissioners of those authorities.
(b) The chief or other governing head of an Indian tribe, band, or community may exercise all appointing and other powers with respect to an Indian housing authority that are vested by this part in the mayor of a city relating to a city housing authority.
(1) If a housing authority is authorized to transact business and exercise powers under this part, not less than five nor more than seven people shall be appointed as commissioners of the authority:
(a) in the case of a city, by the mayor, with the advice and consent of the city's governing body; or
(b) in the case of a county, by the county's governing body.
(2)
(a) The commissioners first appointed under this part shall serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment.
(b) After the first commissioners are appointed under Subsection (2)(a), commissioners are appointed for a term of office of four years.
(c) Notwithstanding Subsections (2)(a) and (b), all vacancies are filled for the unexpired term.
(3) A commissioner qualifies by taking the official oath of office.
(4) A commissioner may not receive compensation except necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.
(5) A commissioner holds office until the commissioner's successor is appointed and qualified.
(6) A certificate of appointment or reappointment of a commissioner shall be:
(a) filed with the authority; and
(b) conclusive evidence of the appointment of the commissioner.
(7) The powers of each authority are vested in the commissioners.
(8)
(a) A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes notwithstanding the existence of any vacancies.
(b) The authority may take action upon a vote of a majority of the commissioners present, unless the bylaws of the authority require a larger number.
(9) Meetings of the commissioners of an authority may be held:
(a) anywhere within the area of operation of the authority; or
(b) within any area not described in Subsection (9)(a) in which the authority is authorized to undertake a project.
(10) The commissioners of an authority shall elect a chair and vice chair from the commissioners.
(11) An authority may employ an executive director, legal and technical experts, and other officers, agents, and employees, permanent and temporary, and shall determine their qualifications, duties, and compensation.
(12) An authority may delegate to one or more of its agents or employees any powers or duties the authority considers proper.
(1) A commissioner, officer, or employee of an authority, who has voluntarily acquired any of the following interests, shall disclose to the commissioners of the authority, as soon as the person has knowledge of the interest, the nature and extent of the interest:
(a) a present or future interest, direct or indirect, in a project;
(b) a present or future interest, direct or indirect, in a property included in or planned to be included in a project;
(c) a contract or proposed contract relating to a project; or
(d) any other transaction or agreement with the authority.
(2) The commissioners shall enter the particulars of the disclosure into the minutes of the authority.
(3) After a disclosure of interest, the commissioner, officer, or employee may participate in any discussions concerning proposed authority action on the property, contract, transaction, or agreement in which the person has an interest, but the commissioner, officer, or employee may not vote on any action proposed by the authority regarding that property, contract, transaction, or agreement.
(4) Commissioners, officers, and employees of an authority are not "public officers" for purposes of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(1) A commissioner of an authority may be removed by the mayor or, in the case of an authority for a county, by the body that appointed the commissioner for inefficiency, neglect of duty, or misconduct in office.
(2) A commissioner may be removed only after a hearing and after having been given a copy of the charges at least 10 days prior to the hearing and having an opportunity to be heard in person or by counsel.
(3) If a commissioner is removed, a record of the proceedings, together with the charges and findings, shall be filed in the office of the clerk.
(1) An authority has perpetual succession and all the powers necessary to carry out the purposes of this part.
(2) An authority may:
(a) sue and be sued;
(b) have a seal and alter the seal;
(c) make and execute contracts and other instruments necessary to the exercise of its powers;
(d) make, amend, and repeal bylaws and rules;
(e) within its area of operation, prepare, carry out, and operate projects and provide for the acquisition, construction, reconstruction, rehabilitation, improvement, extension, alteration or repair of any project;
(f) undertake and carry out studies and analyses of housing needs within its area of operation and ways of meeting those needs, including data with respect to population and family groups and its distribution according to income groups, the amount and quality of available housing, including accessible housing, and its distribution according to rentals and sales prices, employment, wages and other factors affecting the local housing needs and meeting these needs;
(g)
(i) make the results of studies and analyses available to the public and the building, housing, and supply industries; and
(ii) engage in research and disseminate information on housing programs;
(h) utilize, contract with, act through, assist, and cooperate or deal with any person, agency, institution, or organization, public or private, for the provision of services, privileges, works, or facilities, or in connection with its projects;
(i) notwithstanding anything to the contrary contained in this part or in any other provision of law:
(i) agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards in the development or administration of projects;
(ii) include in any contract awarded or entered into in connection with a project stipulations requiring that the contractor and all subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor; and
(iii) comply with any conditions attached to the financial aid of the project;
(j) lease, rent, sell, or lease with the option to purchase any dwellings, lands, buildings, structures, or facilities embraced in a project;
(k) subject to the limitations contained in this part with respect to the rental or charges for dwellings in housing projects, establish and revise the rents or charges for the dwellings;
(l) own, hold, and improve real or personal property;
(m) purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest in it;
(n) sell, lease, exchange, transfer, assign, pledge, or dispose of real or personal property or any interest in it;
(o) make loans for the provision of housing for occupancy by persons of medium and low income;
(p) make loans or grants for the development and construction of accessible housing;
(q) insure or provide for the insurance, in stock or mutual companies, of real or personal property or operations of the authority against any risks or hazards;
(r) procure or agree to the procurement of government insurance or guarantees of the payment of any bonds, in whole or in part, issued by the authority, including the power to pay premiums on the insurance;
(s) invest money held in reserves, sinking funds, or any funds not required for immediate disbursement in property or securities in which savings banks may legally invest money subject to their control;
(t) redeem its bonds at the redemption price established or purchase its bonds at less than redemption price, with all bonds that are redeemed or purchased to be canceled;
(u) within its area of operation, determine where blighted areas exist or where there is unsafe, insanitary, or overcrowded housing;
(v) make studies and recommendations relating to the problem of clearing, replanning, and reconstructing blighted areas, and the problem of eliminating unsafe, insanitary, or overcrowded housing and providing dwelling accommodations and maintaining a wholesome living environment for persons of medium and low income, and cooperate with any public body or the private sector in action taken in connection with those problems;
(w) acting through one or more commissioners or other persons designated by the authority, conduct examinations and investigations and hear testimony and take proof under oath at public or private hearings on any matter material for its information;
(x) administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers, and issue commissions for the examination of witnesses outside the state who are unable to appear before the authority or are excused from attendance;
(y) make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or insanitary structures within its area of operation, its findings and recommendations with regard to any building or property where conditions exist that are dangerous to the public health, morals, safety, or welfare; and
(z) exercise all or any part or combination of the powers granted under this part.
(3)
(a) If there are two or more housing authorities established within a county of the first or second class, then those housing authorities shall create a uniform online application for the housing choice voucher program with links to each of the housing authorities within the county.
(b) As used in Subsection (3)(a), "housing choice voucher program" means the federal government's housing assistance program administered by a housing authority, which enables low-income families, the elderly, and the disabled to secure decent, safe, and sanitary housing in the private market.
(4)
(a) No provision of law with respect to the acquisition, operation, or disposition of property by other public bodies is applicable to an authority unless the Legislature specifically states that it is.
(b) An authority, other than a housing authority described in Section 35A-8-403, shall comply with the provisions of Title 11, Chapter 1, Part 2, Disposal of Public Property.
(1) To accomplish the public, governmental, and charitable purposes of this part, the Legislature declares that:
(a) an authority manage and operate the authority's housing projects in an efficient manner to enable each housing project to provide decent, safe, and sanitary dwelling accommodations for persons of medium and low income and fix the rentals or payments for these accommodations for persons of low income at low rates; and
(b) an authority may not be operated as a source of revenue to the city or county.
(2) An authority shall fix the rentals or payments for dwellings in the authority's projects at no higher rates than the authority finds necessary in order to produce revenues that, together with all other available money, revenues, income, and receipts of the authority from whatever sources derived, including federal financial assistance necessary to maintain the low-rent character of the projects, is sufficient to:
(a) pay, as they become due, the principal and interest on the bonds of the authority;
(b) create and maintain reserves required to assure the payment of principal and interest as it becomes due on its bonds;
(c) meet the cost of, and provide for, maintaining and operating the projects, including necessary reserves and the cost of any insurance, and the administrative expenses of the authority; and
(d) make payments in lieu of taxes and, after payment in full of all obligations for which federal annual contributions are pledged, make repayments of federal and local contributions as it determines are consistent with the maintenance of the low-rent character of projects.
(3) Rentals or payments for dwellings shall be established and the projects administered, in so far as possible, to assure that any federal financial assistance required is strictly limited to amounts and periods necessary to maintain the low-rent character of the projects.
(4) Nothing in this section limits the amount an authority may charge for nondwelling facilities.
(5) All income and revenue described in this section shall be used in the operation of the projects to aid in accomplishing the public, governmental, and charitable purposes of this part.
(1) An authority shall make rules establishing eligibility requirements consistent with the purposes and objectives of this part for admission to and continued occupancy in its projects.
(2) Nothing contained in this section or in Section 35A-8-408 may be construed to limit the power of an authority, with respect to a housing project, to vest in an obligee the right, in case of a default by the authority, to take possession or cause the appointment of a receiver free from the restrictions imposed by this section or Section 35A-8-408.
(1) A person may not knowingly, by misrepresentation, impersonation, or other fraudulent means, make a false statement to housing authority personnel or, after being accepted as a recipient of housing authority benefits, fail to disclose to housing authority personnel any:
(a) change in household composition;
(b) employment change;
(c) change in marital status;
(d) receipt of any other monetary assistance;
(e) receipt of in-kind gifts; or
(f) other material fact or change in circumstances that would affect the determination of that person's eligibility to receive housing assistance benefits, or would affect the amount of benefits for which the person is eligible.
(2) A person may not fail to disclose any of the information described in Subsection (1) for the purpose of obtaining or continuing to receive funds or other housing assistance benefits to which the person is not entitled, or in an amount larger than that to which the person is entitled.
(3) A person who has duties relating to the administration of a housing authority program may not fraudulently misappropriate funds or other assistance with which the person has been entrusted, or of which the person has gained possession by virtue of the person's position.
(4) A person may not knowingly:
(a) file or falsify a claim, report, or document required by state or federal law, or provider agreement, to obtain or attempt to obtain unauthorized housing assistance benefits under this part; or
(b) attempt to commit, or aid or abet the commission of, an act prohibited by this section.
(5) The punishment for violation of a provision of this section by a housing assistance recipient is determined by the cumulative value of the money or other benefits the person received from all instances of fraud committed by the person, and not by each separate instance of fraud.
(6) The punishment for the offenses of this section are:
(a) a second degree felony if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is equal to or exceeds $5,000;
(b) a third degree felony if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is equal to or greater than $1,500 but less than $5,000;
(c) a class A misdemeanor if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is equal to or greater than $500 but less than $1,500; or
(d) a class B misdemeanor if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is less than $500.
(1) Two or more authorities may cooperate with one another or jointly exercise any or all of their powers for the purpose of financing, issuing bonds and other obligations and giving security for them, planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects located within the area of operation of any one or more of the authorities.
(2) For this purpose, an authority may by resolution authorize a housing authority joining or cooperating with the authority to act on the authority's behalf.
(1) For the purpose of increasing the supply of low-rent housing and related facilities for medium and low-income elderly and medium and low-income persons with a disability, an authority may exercise any of its powers under this part in projects involving dwelling accommodations designed specifically for these persons.
(2) For dwelling units in any projects suitable to the needs of the elderly or persons with a disability, special preference may be extended in admission to those dwelling units to these persons of medium and low income.
(1)
(a) Notwithstanding the provisions of this or any other law relating to rentals, preferences, or eligibility for admission or occupancy of dwellings in housing projects during the period an authority determines that there is an acute need for housing to assure the availability of dwellings for victims of a major disaster, the authority may undertake the development and administration of housing projects for the federal government.
(b) Dwellings in any housing project under the jurisdiction of the authority may be made available to victims of a major disaster.
(2) An authority may contract with the federal government or a public body for advance payment or reimbursement for the furnishing of housing to victims of a major disaster, including the furnishing of housing free of charge to needy disaster victims during any period covered by a determination of acute need by the authority.
(1) The property and funds of an authority are declared to be public property used for essential public, governmental, and charitable purposes.
(2)
(a) Subject to Subsections (2)(b) and (c), the property and authority are exempt from all taxes and special assessments of a public body.
(b) This tax exemption does not apply to any portion of a project used for a profit-making enterprise.
(c) In taxing these portions appropriate allowance shall be made for any expenditure by an authority for utilities or other public services it provides to serve the property.
(3) In lieu of taxes on its exempt property an authority may agree to make payments to a public body if the authority finds that making the payments is consistent with the maintenance of the low-rent character of housing projects and the achievement of the purposes of this part.
A project of an authority is subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated.
(1) An authority may:
(a) issue bonds for any of its corporate purposes;
(b) issue refunding bonds for the purpose of paying or retiring bonds previously issued by it;
(c) issue bonds on which the principal and interest are payable:
(i) exclusively from the income and revenues of the project financed with the proceeds of the bonds;
(ii) exclusively from the income and revenues of certain designated projects, whether or not they are financed in whole or in part with the proceeds of the bonds; or
(iii) from its revenues generally.
(2) Bonds issued by the authority may be additionally secured by a pledge of any loan, grant, or contributions, in whole or in part, from the federal government or other source, or a pledge of any income or revenues of the authority.
(3) The members of an authority and a person executing the bonds are not liable personally on the bonds.
(4)
(a) The bonds and other obligations of an authority are not a debt of the city, county, state, or a political subdivision, and do not constitute indebtedness for purposes of any constitutional or statutory debt limitation or restrictions.
(b) A bond or other obligation of an authority shall include a statement on the face of the bond or other obligation that explains that the bond or other obligation is not a debt of the city, county, state, or a political subdivision, and does not constitute indebtedness for purposes of any constitutional or statutory debt limitation or restrictions.
(5) The city, county, state, or political subdivision is not liable on the bonds or other obligations.
(6) These bonds or obligations may not be payable out of funds or properties other than those of the authority.
(7) Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest and income, are exempt from all taxes, except the corporate franchise tax.
(8) The provisions of this part exempting from taxation the properties of an authority and its bonds and interests and income on them are part of the contract for the security of bonds and have the force of contract, by virtue of this part and without the necessity of this being restated in the bonds, between the bondholders, including all transferees of the bonds, on the one hand and an authority and the state on the other.
(1) Bonds of an authority are authorized by resolution, may be issued in one or more series, and shall as provided by the resolution or its trust indenture:
(a) bear dates, including maturity dates;
(b) bear interest rates;
(c) be in denominations;
(d) be either coupon or registered;
(e) carry conversion or registration privileges;
(f) have rank or priority;
(g) be executed;
(h) be payable; and
(i) be subject to terms of redemption with or without premium.
(2)
(a) The bonds may bear interest at a variable interest rate as provided by the resolution.
(b) The resolution may establish a method, formula, or index to determine the current interest rate on the bonds.
(3) In connection with the bonds, the authority may authorize and enter into agreements or other arrangements with financial, banking, and other institutions for:
(a) letters of credit;
(b) standby letters of credit;
(c) surety bonds;
(d) reimbursement agreements;
(e) remarketing agreements;
(f) indexing agreements;
(g) tender agent agreements; and
(h) other agreements with respect to:
(i) securing the bonds;
(ii) enhancing the marketability and creditworthiness of the bonds;
(iii) determining a variable interest rate on the bonds; and
(iv) the payment from any legally available source, including proceeds of the bonds, fees, charges, or other amounts coming due from the agreements.
(4) As provided by resolution, the bonds may be sold at a public or private sale at par value, in excess of par value, or below par value.
(5) If a member or an officer of an authority whose signature appears on a bond or coupon ceases to be a member or an officer before the delivery of the bond or coupon, the signature is valid and sufficient for all purposes.
(6) A bond issued under this part is fully negotiable.
(7) In a suit, action, or proceeding involving the validity or enforceability of a bond of an authority or the security for it, a bond reciting in substance that it has been issued by the authority to aid in financing a project is conclusively considered to have been issued for that purpose, and the project is conclusively considered to have been planned, located, and carried out in accordance with this part.
In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of bonds or obligations, an authority may:
(1) pledge all or a part of its gross or net rents, fees, or revenues to which its right currently exists or will accrue;
(2) mortgage all or a part of its real or personal property owned or acquired;
(3) covenant against pledging all or a part of its rents, fees, and revenues, or against mortgaging all or a part of its real or personal property to which its right or title then exists or will accrue, or against permitting or suffering any lien on the revenues or property;
(4) covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project and covenant as to what other, or additional debts or obligations may be incurred by it;
(5) covenant as to bonds to be issued and as to the issuance of bonds in escrow or otherwise, and as to the use and disposition of the bond proceeds;
(6) provide for the replacement of lost, destroyed, or mutilated bonds;
(7) covenant against extending the time for the payment of its bonds or interest on them;
(8) covenant for the redemption of the bonds and provide the terms and conditions for them;
(9) covenant, subject to the limitations contained in this part as to the rents and fees to be charged in the operation of a housing project, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition of the revenues;
(10) authorize the creation of special funds for money held for construction or operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of the money held in those funds;
(11) prescribe the procedure by which the terms of a contract with bondholders may be amended or abrogated, the proportion of outstanding bonds which must consent to the action, and the manner in which consent shall be given;
(12) covenant as to the use, maintenance, and replacement of any or all of its real or personal property, the insurance to be carried on it, and the use and disposition of insurance money;
(13) covenant as to the rights, liabilities, powers, and duties arising upon breach by it of a covenant, condition, or obligation;
(14) covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;
(15) vest in an obligee of the authority, or a specified proportion of them, the right to enforce the payment of bonds or any covenants securing or relating to the bonds;
(16) vest an obligee with the right after default by the authority to take possession of and use, operate, and manage any project or any part of it or any funds connected with them, collect the rents and revenues arising from them, and dispose of them in accordance with the agreement with the authority;
(17) provide the powers and duties of an obligee and limit the obligee's liabilities;
(18) provide the terms and conditions upon which an obligee may enforce any covenant or rights securing or relating to the bonds;
(19) exercise all or any part or combination of the powers granted and make any covenants in addition to the covenants expressly authorized in this section;
(20) do any acts necessary, convenient, or desirable to secure its bonds; and
(21) make any covenants or do any acts calculated to make the bonds more marketable.
(1) This part constitutes full authority for the authorization and issuance of bonds.
(2) No other law for the authorization or issuance of obligations or the deposit of their proceeds that requires a bond election or in any way impedes or restricts the carrying out of the acts authorized to be done shall be construed as applying to any proceedings taken or acts done under this part.
An obligee of an authority, in addition to all other rights conferred on the obligee subject to any contractual restrictions binding upon the obligee, may:
(1) compel an authority, its officers, agents, or employees to perform each term, provision, and covenant contained in a contract of the authority for the benefit of the obligee and to require the carrying out of all covenants and agreements of the authority and the fulfillment of all duties imposed upon it by this part; and
(2) enjoin any acts or things that may be unlawful, or the violation of any of the rights of an obligee of the authority.
(1) An authority may by resolution, trust indenture, mortgage, lease, or other contract, confer upon an obligee the right, in addition to all rights that may otherwise be conferred, upon default as defined in a resolution or instrument, by suit, action, or proceeding in a court of competent jurisdiction to:
(a) cause possession of a project, in whole or in part, to be surrendered to the obligee;
(b) obtain the appointment of a receiver of a project, in whole or in part, and of the rents and profits from the project; and
(c) require the authority and its officers, agents, and employees to account as if they were the trustees of an express trust.
(2) The receiver:
(a) may enter and take possession of the project or any part of it;
(b) may operate and maintain the project;
(c) may collect and receive all fees, rents, revenues, or other charges arising from the project;
(d) shall keep the money collected from the project in a separate account; and
(e) shall use the money in accordance with the obligations of the authority as the court directs.
(1)
(a) Property, including money, acquired or held by an authority under this part shall be exempt from levy and sale by virtue of an execution.
(b) An execution or other judicial process may not issue against the property.
(c) A judgment against the authority is not a charge or lien upon the property.
(2) This section does not apply to or limit the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given by the authority on its rents, fees, or revenues or the right of the federal government to pursue a remedy conferred upon it under this part.
(3) An authority may waive its exemption with respect to claims against a profit-making enterprise occupying a portion of a project if that waiver does not affect or impair the rights of any obligee of the authority.
(1) In addition to the powers conferred upon an authority by other provisions of this part, an authority may:
(a) borrow money or accept contributions, grants, or other financial assistance from the federal government in aid of a project or related activity concerning health, welfare, economic, educational, environmental, or related issues faced by persons of medium and low income;
(b) take over, lease, or manage a project or undertaking constructed or owned by the federal government; and
(c) comply with conditions and enter into contracts, covenants, mortgages, trust indentures, leases, or agreements considered necessary, convenient, or desirable to accomplish the purposes of Subsections (1)(a) and (b).
(2)
(a) The purpose and intent of this part is to authorize an authority to do everything necessary or desirable to secure the financial aid or cooperation of the federal government in the provision of decent, safe, and sanitary dwellings and maintaining a wholesome living environment for persons of medium and low income.
(b) To accomplish the purpose of Subsection (2)(a) an authority may include in a contract for financial assistance with the federal government the provisions that the federal government may require as conditions to the federal government's financial aid unless those provisions are inconsistent with the purposes of this part.
(1) In a contract with the federal government for annual contributions, the authority may obligate itself to convey to the federal government possession of or title to the project upon the occurrence of a substantial default, as defined in the contract, with respect to the covenants and conditions to which the authority is subject.
(2) This obligation is specifically enforceable and does not constitute a mortgage, notwithstanding any other laws.
(3) In case of conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project and funds in accordance with the terms of the contract if the contract by its terms requires the federal government, as soon as practicable after it is satisfied that all defaults have been cured and that the project will be operated in accordance with the contract, to reconvey the project to the authority.
(1) For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of projects located within its jurisdiction, a public body may, with or without consideration:
(a) dedicate, sell, convey, or lease any of its interest in property, or grant easements, licenses, or other rights or privileges to a housing authority or the federal government;
(b) cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or other works that it is otherwise empowered to undertake to be furnished adjacent to or in connection with these projects;
(c) furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places that it is otherwise empowered to undertake;
(d) plan or replan, zone or rezone any parts of the public body, make exceptions from building regulations and ordinances, and make changes in its map;
(e) cause the same services to be furnished to a housing authority that the public body may furnish, and provide facilities and services, including feeding facilities and services for tenants, in connection with housing projects;
(f) enter into agreements with respect to the exercise by the public body of its powers relating to the repair, improvement, condemnation, closing, or demolition of unsafe, insanitary, or unfit buildings;
(g) notwithstanding the provisions of any other law, use any money belonging to or within the control of the public body, including money derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority and exercise any related rights;
(h) do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of any projects;
(i) incur the entire expense of public improvements made by a public body in exercising the powers granted in this part; and
(j) enter into agreements, that may extend over any period notwithstanding any provision or rule of law to the contrary, with a housing authority respecting action to be taken by a public body under any of the powers granted by this part.
(2) If title to or possession of a project is held by a public governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including an agency or instrumentality of the United States, the provisions of the agreements entered into under Subsection (1)(j) inure to the benefit of and may be enforced by that public body or governmental agency.
(3) A sale, conveyance, lease, or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement, or public bidding, notwithstanding any other laws to the contrary.
In connection with a project of a housing authority located wholly or partly within the area in which a public body is authorized to act, the public body may agree with the housing authority with respect to the payment by the authority of sums in lieu of taxes for any year or period of years that are determined by the authority to be consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of this part.
In addition to other aids provided, a public body may provide financial aid to a housing authority by:
(1) loan, donation, grant, contribution, and appropriation of money;
(2) abatement or remission of taxes;
(3) payments in lieu of taxes;
(4) other charges; or
(5) other means.
(1) The state, public officers, political subdivisions, public bodies, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies, insurance associations, other persons carrying on a banking or insurance business, executors, administrators, guardians, trustees, and other fiduciaries may legally invest money or funds belonging to them or within their control in any bonds or other obligations issued by a housing authority created under this part or issued by a public housing authority or agency in the United States, a United States Territory, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands.
(2) These bonds or other obligations shall be secured by a pledge of annual contributions or other financial assistance to be paid by the United States government or any of its agencies, or by an agreement between the United States government or any of its agencies and the public housing authority or agency in which the United States government or its agency agrees to lend to the public housing authority or agency, prior to the maturity of the bonds or other obligations, money in an amount which, together with any other money irrevocably committed to the payment of interest on the bonds or other obligations, will suffice to pay the principal of the bonds or other obligations with interest to maturity.
(3) The money, under the terms of the agreement, is required to be used for this purpose, and the bonds and other obligations are authorized security for all public deposits and are fully negotiable in this state.
(4) Nothing contained in this section relieves a person, firm, or corporation from any duty of exercising reasonable care in selecting securities.
(5) The provisions of this section apply notwithstanding any restrictions on investments contained in other laws.
(1) At least once a year, an authority shall file with the clerk, with a copy given to the governing body, a report containing:
(a) its activities for the preceding year;
(b) its approved annual budget; and
(c) recommendations for legislation or other action considered necessary to carry out the purposes of this part.
(2) An authority shall post electronically for public review its:
(a) annual approved budget; and
(b) minutes of all open meetings held by its board of commissioners.
(1) The provisions of this part are controlling, notwithstanding anything to the contrary in any other law of this state, city charter, or local ordinance.
(2) An action of a city, county, or governing body in carrying out the purposes of this part, whether by resolution, ordinance, or otherwise, is considered administrative in character, and no public notice or publication is required with respect to that action.
This part is known as the "State Community Services Act."
As used in this part:
(1) "Community action agency" means a local subdivision of the state, a combination of political subdivisions, a separate public agency, or a private nonprofit agency, which:
(a) has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the state; and
(b) is designated as a community action agency by federal law, federal regulations, or the governor.
(2) "Community action program budget" means state funds, federal block grants, and federal categorical grants that are received by the state for community action activities.
(3) "Community action statewide organization" means community action programs, organized on a statewide basis, to enhance the capability of community action agencies.
(4) "Community Services Block Grant" means the Federal Community Services Block Grant Act, 42 U.S.C. Sec. 9901 et seq., and any corresponding federal regulations.
(5) "Local share" means cash or in-kind goods and services donated to a community action agency to carry out its responsibilities.
(6) "Low-income person" means a person who is a member of a household with a gross annual income equal to or less than 125% of the poverty standard accepted by the federal agency designated to establish poverty guidelines.
(7) "Office" means the State Community Services Office created in Section 35A-8-1003.
(8) "Service area" means the geographical area within the jurisdiction of a community action agency or a community action statewide organization.
(1) There is created within the Division of Community Services the State Community Services Office.
(2) The office shall strengthen communities by reducing poverty and improving the quality of life for low-income persons in this state.
The office shall:
(1) coordinate state activities designed to reduce poverty;
(2) encourage entities in the private sector to participate in efforts to ameliorate poverty in the community;
(3) cooperate with agencies of local, state, and the federal government in reducing poverty and implementing community, social, and economic programs;
(4) receive and expend funds for the purposes outlined in this part;
(5) enter into contracts with and award grants to public and private nonprofit agencies and organizations;
(6) develop a state plan based on needs identified by community action agencies and community action statewide organizations;
(7) designate community action agencies to receive funds through the Community Services Block Grant program;
(8) fund community action agencies and community action statewide organizations;
(9) make rules in conjunction with the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the purposes of this part;
(10) provide assistance to local governments or private organizations for the purpose of establishing and operating a community action agency;
(11) provide technical assistance to community action agencies to improve program planning, program development, administration, and the mobilization of public and private resources;
(12) convene public meetings that provide citizens the opportunity to comment on public policies and programs to reduce poverty;
(13) advise the governor and Legislature of the nature and extent of poverty in the state and make recommendations concerning changes in state and federal policies and programs;
(14) encourage Utah's nonprofit humanitarian assistance agencies serving low-income persons by facilitating, coordinating, training, and providing technical assistance to address the needs of Utah's low-income persons by enhancing management, improving service and program delivery, facilitating partnerships, and preserving flexibility and local initiative;
(15) develop and implement management goals that fulfill the Community Services Block Grant mission, state requirements, and the mandates of federal legislation;
(16) prepare a Community Services Block Grant plan that contains provisions describing how the state will carry out the assurances of the Community Services Block Grant Act;
(17) act as the state agency responsible for the evaluation and improvement of emergency food assistance services in the state;
(18) monitor the impact of social policies on the emergency food network;
(19) provide training and technical assistance to grantees to assist their:
(a) program development and implementation;
(b) compliance with state and federal regulations; and
(c) reporting and management information systems;
(20) make the distributions required by Section 35A-8-1009; and
(21) administer other programs to alleviate poverty that are assigned to the office.
Community Services Block Grant funds received by the office shall be distributed as follows:
(1) 90% to community action agencies;
(2) 5% to:
(a) organizations with a statewide focus to accomplish specific objectives that complement the Community Services Block Grant poverty programs;
(b) provide training and technical assistance for grantees of Community Services Block Grant funds; or
(c) supplement anti-poverty projects; and
(3) 5% to reimburse costs incurred by the office in administration of this part.
(1) The office shall periodically evaluate grantees of Community Services Block Grant funds as established by rule by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) A grantee of Community Services Block Grant funds shall submit to the office a year-end report, covering a reporting period consistent with the federal fiscal year, which provides an account of the grantee's programs operated with or supported by Community Services Block Grant funds, including:
(a) the types of programs operated by the grantee;
(b) the outcome of each program;
(c) the number of persons served by each program;
(d) the number of times service was given by each program; and
(e) an accounting of the Community Services Block Grant funds expended by the grantee.
(3) The office shall report annually to the appropriate legislative appropriations subcommittee on the distribution and expenditure of Community Services Block Grant funds.
Grantees of Community Services Block Grant funds shall develop specific programs and goals, consistent with the Community Services Block Grant Act, designed to provide the most effective solutions to the problems of poverty identified in their communities within the constraints of available funding, including projects related to:
(1) employment;
(2) education;
(3) income management;
(4) housing;
(5) emergency assistance;
(6) nutrition;
(7) linkages and coordination with other programs;
(8) health; and
(9) self-sufficiency.
The office may:
(1) recognize eligible organizations as community action agencies;
(2) withdraw the recognition or terminate funding of a designated community action agency for cause, as established by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(3) change the boundaries and the number of recognized community action agencies, provided that the governing board of each affected community action agency concurs in the action.
(1) As used in this section:
(a) "Association of governments" means the following created under the authority of Title 11, Chapter 13, Interlocal Cooperation Act:
(i) an association of governments; or
(ii) a regional council that acts as an association of governments.
(b) "Food and food ingredients" means the same as that term is defined in Section 59-12-102.
(c) "Qualified emergency food agency" means an organization that:
(i) is:
(A) exempt from federal income taxation under Section 501(c)(3) or (19), Internal Revenue Code;
(B) an association of governments; or
(C) a food pantry operated by a municipality located within the state;
(ii) as part of the organization's activities, operates a program that has as the program's primary purpose to:
(A) warehouse and distribute food to other agencies and organizations providing food and food ingredients to low-income persons; or
(B) provide food and food ingredients directly to low-income persons; and
(iii) the office determines to be a qualified emergency food agency.
(2) There is created an expendable special revenue fund known as the Qualified Emergency Food Agencies Fund.
(3)
(a) The Qualified Emergency Food Agencies Fund shall be funded by the sales and use tax revenues described in:
(i) Section 59-12-103;
(ii) Section 59-12-204; and
(iii) Section 59-12-1102.
(b) Any interest earned on the Qualified Emergency Food Agencies Fund shall be deposited into the General Fund.
(4) The office shall for a fiscal year distribute money deposited into the Qualified Emergency Food Agencies Fund to qualified emergency food agencies within the state as provided in this section.
(5) A qualified emergency food agency shall file an application with the office before the qualified emergency food agency may receive a distribution under this section.
(6) A qualified emergency food agency may expend a distribution received in accordance with this section only for a purpose related to:
(a) warehousing and distributing food and food ingredients to other agencies and organizations providing food and food ingredients to low-income persons; or
(b) providing food and food ingredients directly to low-income persons.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Division of Community Services may make rules providing procedures for implementing the distributions required by this section, including:
(a) standards for determining and verifying the amount of a distribution that a qualified emergency food agency may receive;
(b) procedures for a qualified emergency food agency to apply for a distribution, including the frequency with which a qualified emergency food agency may apply for a distribution; and
(c) consistent with Subsection (1)(c), determining whether an entity is a qualified emergency food agency.
This part is known as the "Home Energy Assistance Target (HEAT) Program Act."
(1)
(a) The department may assist certain low-income families and individuals in the payment of home energy costs.
(b) Assistance given under this part shall be made available to households throughout the state, irrespective of the source of household energy supply.
(2) The department may contract with one or more public or private agencies to distribute and administer these funds subject to the criteria established by the department.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules establishing eligibility criteria for recipients of assistance under this part.
(2) A recipient of assistance under this part shall demonstrate:
(a) that the recipient's family, household, or individual income is 150% of the federal poverty level or less;
(b) that the recipient is responsible for paying the recipient's home energy costs; and
(c) compliance with any rules established by the department under this section.
The department shall coordinate with private contributors to home energy assistance programs, such as REACH and Lend-a-Hand, to help assure equitable statewide distribution of assistance to eligible customers of all vendors of energy services.
Direct payments for home energy costs shall be made jointly to the responsible householder and to the vendor of energy services to whom the family or individual served owes a payment except in certain cases, as established by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, where payments may be made directly to the responsible householder.
(1)
(a) The department shall establish a program for a seasonal moratorium for involuntary termination for nonpayment by residential customers of essential utility bills.
(b) An essential utility is a utility regulated by the Public Service Commission under Title 54, Public Utilities, which is in the business of the retail distribution of electricity or natural gas.
(c) A residential customer is a customer defined as in a residential class by the Public Service Commission.
(2) A residential customer shall meet the following criteria to qualify for the program:
(a) gross household income is less than 125% of the federal poverty level or the household has suffered a medical or other emergency, loss of employment, or is experiencing other circumstances which have resulted in a substantial loss of income;
(b) the customer has made application to public and private energy assistance programs;
(c) the customer is willing to make a good faith effort to pay these utility bills on a consistent basis; and
(d) any additional information required by the department.
(3)
(a) A residential customer may file with a local department office an affidavit attesting eligibility under the criteria in Subsection (2).
(b) The department shall certify that the customer has met the eligibility requirements and forward a copy of the affidavit to the effected utility.
When a utility contests the eligibility of any residential customer to participate in the program, the executive director or the executive director's designee shall act as an administrative law judge to make a determination on the case.
A residential customer that has had service of an essential utility discontinued for nonpayment prior to the time the moratorium takes effect shall have service restored and continued during the period of the moratorium if the customer meets the requirements of Section 35A-8-1501 and the customer has entered into a deferred payment agreement with the utility as to arrearages.
(1) The moratorium shall be in effect from November 15 to March 15 of each year.
(2) The department may, by rule, begin the moratorium at an earlier date or extend it to a later date when severe weather conditions warrant that action.
This chapter is known as the "Intergenerational Poverty Mitigation Act."
As used in this chapter:
(1) "Cycle of poverty" or "poverty cycle" means the set of factors or events by which the long-term poverty of a person is likely to continue and be experienced by each child of the person when the child becomes an adult unless there is outside intervention.
(2)
(a) "Intergenerational poverty" means poverty in which two or more successive generations of a family continue in the cycle of poverty and government dependance.
(b) "Intergenerational poverty" does not include situational poverty.
(3) "Poverty" means the state of a person who lacks a usual or socially acceptable amount of money or material possessions as demonstrated by the person's income level being at or below the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register.
(4) "Situational poverty" means temporary poverty that:
(a) is generally traceable to a specific incident or time period within the lifetime of a person; and
(b) is not continued to the next generation.
(1) The department shall establish and maintain a system to track intergenerational poverty.
(2) The system shall:
(a) identify groups that have a high risk of experiencing intergenerational poverty;
(b) identify incidents, patterns, and trends that explain or contribute to intergenerational poverty;
(c) assist case workers, social scientists, and government officials in the study and development of effective and efficient plans and programs to help individuals and families in the state to break the cycle of poverty; and
(d) gather and track available local, state, and national data on:
(i) official poverty rates;
(ii) child poverty rates;
(iii) years spent by individuals in childhood poverty;
(iv) years spent by individuals in adult poverty; and
(v) related poverty information.
(3) The department shall:
(a) use available data in the tracking system, including public assistance data, census data, and other data made available to the department;
(b) develop and implement methods to integrate, compare, analyze, and validate the data for the purposes described in Subsection (2); and
(c) protect the privacy of individuals living in poverty by using and distributing data within the tracking system in compliance with:
(i) federal requirements; and
(ii) the provisions of Title 63G, Chapter 2, Government Records Access and Management Act.
(1) The department shall annually prepare an intergenerational poverty report for inclusion in the department's annual written report described in Section 35A-1-109.
(2) The intergenerational poverty report shall:
(a) report on the data, findings, and potential uses of the intergenerational poverty tracking system described in Section 35A-9-201;
(b) describe policies, procedures, and programs that the department has implemented or modified to help break the cycle of poverty and end welfare dependency for children in the state affected by intergenerational poverty;
(c) contain recommendations to the Legislature on how to address issues relating to breaking the cycle of poverty and ending welfare dependency for children in the state affected by intergenerational poverty; and
(d) include the following reports:
(i) the report described in Section 9-1-210 by the Department of Cultural and Community Engagement;
(ii) the report described in Section 26B-1-218 by the Department of Health and Human Services; and
(iii) the report described in Section 53E-1-206 by the State Board of Education.
As used in this part:
(1) "529 savings account" means a tax-advantaged method of saving for higher education costs that:
(a) meets the requirements of Section 529, Internal Revenue Code; and
(b) is managed by the plan.
(2) "Beneficiary" means the individual designated:
(a) in a 529 savings account agreement between a person, an estate, or a trust and the plan; and
(b) to benefit from the amount saved in a 529 savings account.
(3) "Commission" means the State Tax Commission.
(4) "Deposit" means the payment of money from a source other than a match.
(5) "Eligible 529 savings account" means a 529 savings account for which:
(a) a qualifying individual is the account owner; and
(b) a qualifying individual or a minor dependent of a qualifying individual is a beneficiary.
(6) "Federal earned income tax credit" means the federal earned income tax credit:
(a) described in Section 32, Internal Revenue Code; and
(b) that a qualifying individual claims and is eligible to claim on the federal income tax return for the taxable year.
(7) "Match" means the monetary amount described in Subsection 35A-9-603(2).
(8) "Minor dependent" means an individual under 19 years old for whom a qualifying individual can claim a tax credit under Section 24, Internal Revenue Code, on the qualifying individual's federal income tax return for the taxable year.
(9) "Plan" means the Utah Educational Savings Plan created in Section 53H-10-202.
(10) "Program" means the Education Savings Incentive Program created in Section 35A-9-603.
(11) "Qualifying individual" means an individual who the department identifies as experiencing intergenerational poverty and who has not been disqualified from participating in the program for overclaiming a match in a previous year.
(1) There is created a restricted account within the Income Tax Fund to be known as the Education Savings Incentive Restricted Account.
(2) The department shall administer the restricted account for the purposes described in this part.
(3) The state treasurer shall invest the money in the restricted account according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that interest and other earnings derived from the restricted account shall be deposited into the restricted account.
(4) The restricted account shall be funded by:
(a) appropriations made to the account by the Legislature; and
(b) private donations, grants, gifts, bequests, or money made available from any other source to implement this part.
(5) Subject to appropriation, the department:
(a) shall use restricted account money for the program; and
(b) may use a portion of the restricted account money for administration of the program.
(1)
(a) There is created the Education Savings Incentive Program to provide an annual monetary match to eligible 529 savings accounts.
(b) The program is established within the higher education system.
(c) The department shall implement the program as early as is practicable, but the department shall begin accepting applications for the program no later than January 1, 2024.
(2)
(a) For each qualifying individual that meets the requirements of Subsection (3), the state shall match, during a calendar year, the amount of a deposit into one or more of the qualifying individual's eligible 529 savings accounts up to $300.
(b) The amount in Subsection (2)(a) is the maximum match amount per family per calendar year.
(c)
(i) Except as provided in Subsections (2)(c)(ii) and (iii), the match rate is $1 for each $1 deposit.
(ii) In a fiscal year where the balance of money in the restricted account is insufficient to sustain a $1 for each $1 deposit match rate, the department shall reduce the amount of each match proportionately.
(iii)
(A) Subject to Subsection (2)(c)(iii)(B), in a fiscal year when the balance of the money in the restricted account exceeds the amount needed for a $1 for each $1 deposit match rate, the department shall increase the amount of each match proportionately.
(B) If a qualifying individual's proportionate share under Subsection (2)(c)(iii)(A) is greater than the amount allowed under Subsections (2)(a) and (b), the qualifying individual shall receive the amount allowed under Subsections (2)(a) and (b).
(3) To participate in the program, a qualifying individual shall:
(a) apply with the department in accordance with Section 35A-9-604;
(b) claim and receive a federal earned income tax credit on the qualifying individual's federal income tax return for the previous taxable year; and
(c) during the calendar year for which the qualifying individual applies to participate in the program, be the account owner of one or more eligible 529 savings accounts into which a deposit was made.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing:
(a) administration of the program; and
(b) after consulting with the plan, additional information to request in the application for the program.
(1) The department shall provide to each qualifying individual:
(a) notice of the program;
(b) information about the benefits of participating in the program;
(c) information explaining that participation in the program requires that the qualifying individual:
(i) apply for the program in accordance with this section;
(ii) be eligible for and claim a federal earned income tax credit for the taxable year before the year in which the qualifying individual applies for the program;
(iii) own one or more eligible 529 savings accounts into which a deposit is made during the same year for which the qualifying individual applies for the program; and
(iv) sign an information release;
(d) information about how to claim a federal earned income tax credit;
(e) information about how to open an eligible 529 savings account; and
(f) information about how to apply for the program.
(2)
(a) To participate in the program, a qualifying individual shall complete annually an online application that includes:
(i) a means for a qualifying individual to sign the information release described in Subsection (2)(b);
(ii) a statement that the qualifying individual claimed a federal earned income tax credit for the previous taxable year;
(iii) the name of the account owner, the name of the beneficiary, and the account number of any of the qualifying individual's eligible 529 savings accounts;
(iv) the amount of deposit into one or more of the qualifying individual's eligible 529 savings accounts during the calendar year in which the application is made;
(v) the allocation of the match among the qualifying individual's eligible 529 savings accounts; and
(vi) any other information required by the department, the plan, or the commission to administer the program.
(b) The department, the plan, and the commission shall develop an information release that directs and allows:
(i) the department to report to the plan:
(A) the name and identifying information of the qualifying individual;
(B) contact information for the qualifying individual; and
(C) the name of the account owner, the name of the beneficiary, and the account number of any eligible 529 savings account;
(ii) the plan to report to the department:
(A) the account number, name of the account owner, and the name of the beneficiary for each eligible 529 savings account into which a deposit was made during the calendar year; and
(B) the amount of deposit made into each eligible 529 savings account for the calendar year;
(iii) the department to disclose to the commission, if the plan lists the qualifying individual on the report described in Section 53H-10-402, the name and identifying information of the qualifying individual; and
(iv) the commission to disclose to the department, whether the qualifying individual claimed a federal earned income tax credit on the qualifying individual's federal income tax return for a taxable year.
(3)
(a) The department shall provide to the plan the information described in Subsection (2)(b)(i) for each qualifying individual that the department determines completes the application requirements described in Subsection (2).
(b) The department shall provide the information described in Subsection (3)(a):
(i) in a single report; and
(ii) with information about which calendar year the department requests a report under Section 53H-10-402.
(4)
(a) The department may provide to the commission the information described in Subsection (2)(b)(iii) for each qualifying individual that the plan lists on the report described in Section 53H-10-402.
(b) The department shall provide the information described in Subsection (4)(a):
(i) in a single report; and
(ii) with information about which calendar year the department requires a disclosure under Subsection 59-1-403(4)(aa).
(5) The department, the plan, and the commission shall provide for the security and maintenance of confidentiality of any information shared under an information release.
(6)
(a) The department shall determine whether an applicant for the program:
(i) is a qualifying individual; and
(ii) meets the program requirements described in this section.
(b) An applicant may not appeal the department's determination that the applicant is not a qualifying individual.
(c) An applicant may reapply if the department later identifies the applicant as a qualifying individual.
(1) Subject to the other provisions of this section, the department shall transfer money appropriated from the Education Savings Incentive Restricted Account to the plan in the amount of each qualifying individual's match.
(2) The department shall send with the transfer described in Subsection (1), for each qualifying individual that is receiving a match:
(a) the amount of the match for the qualifying individual;
(b) the qualifying individual's allocation of the match among eligible 529 savings accounts; and
(c) for each eligible 529 savings account into which the qualifying individual allocates the match:
(i) the name of the qualifying individual who is the account owner;
(ii) the name of the beneficiary; and
(iii) the account number.
(1) On or before September 1, the plan shall submit to the department the aggregate average balance in eligible 529 savings accounts during the previous calendar year.
(2) The department shall include in the annual report required by Section 35A-1-109 the following information for the previous calendar year:
(a) the number of qualifying individuals to whom the department provides notice of the program;
(b) the number of applications for the program;
(c) the number of applications for the program from qualifying individuals;
(d) the number of qualifying individuals participating in the program;
(e) the number of eligible 529 savings accounts that receive a match;
(f) the total dollar amount provided as a match; and
(g) the aggregate average balance in eligible 529 savings accounts as reported by the plan.
This chapter is known as the "Achieving a Better Life Experience Program Act."
As used in this chapter:
(1) "Account" means an account in a qualified ABLE program.
(2) "Qualified ABLE program" means the same as that term is defined in 26 U.S.C. Sec. 529A.
(3) "State Achieving a Better Life Experience Program" means the program created by this chapter.
(1) There is created the state Achieving a Better Life Experience Program.
(2) The department shall do one of the following:
(a) administer the state Achieving a Better Life Experience Program in compliance with:
(i) 26 U.S.C. Sec. 529A; and
(ii) regulations, if any, issued by the United States Department of the Treasury;
(b) enter into a contract with a state that maintains a qualified ABLE program to provide Utah residents access to that state's qualified ABLE program; or
(c) inform eligible individuals and parents or legal guardians of eligible individuals about qualified ABLE programs offered by other states to which Utah residents may apply.
(3) This chapter may not be interpreted to:
(a) authorize or provide a disability-related service to an eligible individual;
(b) be a factor in establishing residency; or
(c) provide that contributions made into an account are sufficient to cover the qualified disability expenses of an eligible individual.
(4) An account is not insured or guaranteed by the state.
(5) The state does not guarantee the rate or payment of interest or other return on an account.
(1) This chapter is known as the "Utah State Office of Rehabilitation Act."
(2) This part is known as "General Provisions."
As used in this chapter:
(1) "Blind" means an individual:
(a) whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or
(b) whose visual acuity is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees.
(2) "Deaf" means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living.
(3) "Director" means the director of the Utah State Office of Rehabilitation.
(4) "Disability" means a physical or mental condition which materially limits, contributes to limiting, or, if not corrected, will probably result in materially limiting an individual's activities or functioning.
(5) "Eligible individual" means an individual determined to be eligible to receive services under laws or rules governing eligibility for the program in question.
(6) "Hard of hearing" means an individual with a diagnosed auditory deficit ranging from mild to profound that results in functional limitations in one or more areas of daily living.
(7) "Independent living rehabilitation services" means goods and services reasonably necessary to enable an individual with a severe disability to maintain or increase functional independence.
(8) "Office" means the Utah State Office of Rehabilitation created in Section 35A-1-202.
(9) "Visually impaired" means an individual with a diagnosed impairment of visual function that if not corrected constitutes a material limitation to normal activities or functioning.
(10) "Vocational rehabilitation services" means goods and services reasonably necessary to enable an individual with a disability to obtain and retain employment.
(1) The Utah State Office of Rehabilitation created in Section 35A-1-202 is under the direction of the department and under the direction and general supervision of the executive director.
(2) The department is the sole state agency designated to administer the state plans for vocational rehabilitation and independent living rehabilitation programs.
(3) The office is the sole state unit designated to carry out the state plans and other duties assigned by law or the department, including the following:
(a) determining eligibility for vocational rehabilitation services;
(b) providing vocational rehabilitation services to eligible individuals;
(c) determining the types and scope of vocational rehabilitation services provided by the office;
(d) determining employment outcomes related to vocational rehabilitation services if required; and
(e) determining the appropriate uses of federal rehabilitation funding.
(4) The office may not delegate the duties described in Subsection (3) to any other state government entity.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the provisions of this chapter, the department in collaboration with the office may make rules related to administering the state plan for vocational rehabilitation, including determining eligibility for vocational rehabilitation services and establishing priorities in providing vocational rehabilitation services.
(1) The executive director of the department shall appoint the director of the office.
(2) The director shall administer the office in accordance with the direction of the executive director and applicable state and federal laws and regulations.
(1) Public funding of vocational rehabilitation and independent living rehabilitation services provided under this chapter may only be provided to eligible individuals.
(2) The director shall establish priorities for use in determining services to be provided to eligible individuals under this chapter if the demand for services exceeds available funds.
(3) Rights established under this chapter are not transferable or assignable.
(1) Personally identifiable information obtained by the office, its employees, or agents concerning individuals applying for or receiving services under this chapter may not be disclosed without the prior written consent of the individual or the individual's legal representative, except as required for administration of programs or services under this chapter, or as otherwise authorized by law.
(2) Unauthorized disclosure of personally identifiable information obtained under this chapter, or use of such information for unauthorized purposes, is a class B misdemeanor.
(1) The director may, with the approval of the executive director, accept and use a gift to the office made unconditionally by will or otherwise for carrying out the purposes of this chapter.
(2) A gift to the office made under conditions that the executive director finds to be consistent with this chapter may be accepted and used in accordance with the conditions of the gift.
(3) A gift to the office as described in this section is not subject to appropriation by the Legislature.
The director may, in accordance with applicable law and regulations and with the consent of the executive director, organize the office and assign duties and responsibilities to the office's employees to enable the office to better serve individuals with disabilities and to increase the efficiency and effectiveness of operations.
In administering this chapter, the office:
(1) shall ensure that individuals with disabilities are assisted, so far as reasonably possible, to take their rightful place in open society as independent and self-supporting individuals; and
(2) may not assist or support any activity that results in unnecessary continuation of a dependent or isolated state or unnecessarily separates individuals with disabilities from open society.
This part is known as "Office Responsibilities."
The office may:
(1) apply for, receive, administer, and distribute funds made available through programs of federal, state, or local governments;
(2) cooperate with federal, state, or local governmental entities to administer programs and program funds;
(3) contract or cooperate with public or private entities or individuals;
(4) as designated by the responsible authority, and with the approval of the department, perform any functions or services for the federal or state government that relate to individuals with disabilities;
(5) establish subordinate administrative units necessary to increase efficiency and improve the delivery of services to individuals with disabilities;
(6) establish and operate community service centers, rehabilitation facilities, and workshops, and make grants to public and nonprofit organizations for those purposes;
(7) determine eligibility for, and the nature and scope of, services to be provided under the state plan for vocational rehabilitation or other programs administered by the office;
(8) assist individuals with severe disabilities to establish and operate vending machine services and other small businesses, and perform services authorized under Title 55, Chapter 5, Blind Persons Operating Vending Stands - Food Services, and Title 55, Chapter 5a, Blind Products Sales;
(9) furnish materials, tools, equipment, initial stocks and supplies, and occupational licenses needed by rehabilitation facilities, workshops, and small businesses established under this chapter, and develop and execute marketing plans for materials produced by those operations;
(10) place money received by the office through sale of products or services as authorized under this chapter into a fund managed by the office and used to support additional training, production, and sales activities;
(11) conduct studies and investigations, give demonstrations and make reports, and provide training and instruction related to the work of the office;
(12) establish and maintain research fellowships and traineeships, including necessary stipends and allowances for those receiving training and instruction;
(13) institute and supervise programs to encourage the conservation of sight and hearing and assist in overcoming and preventing disabling conditions;
(14) provide diagnostic, placement, vocational rehabilitation, training, adjustment, and independent living services; and
(15) do all other things necessary to carry out assignments made by law or the department in assisting and rehabilitating individuals with disabilities.
(1) When providing services to an individual with a disability under this chapter, the office shall, within funds appropriated by the Legislature and in accordance with the requirements of federal and state law, give priority to providing services that assist the individual in obtaining and retaining meaningful and gainful employment that enables the individual to:
(a) purchase goods and services;
(b) establish self-sufficiency; and
(c) exercise economic control of the individual's life.
(2) The office shall develop a written plan to implement the policy described in Subsection (1) that includes:
(a) assessing the strengths and needs of an individual with a disability;
(b) customizing strength-based approaches to obtaining employment;
(c) setting expectations, providing appropriate services toward, and recognizing success in:
(i) integrated employment in the workplace at competitive wages and benefits; and
(ii) self-employment;
(d) developing partnerships with potential employers;
(e) providing 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 (1); and
(h) arranging for alternative work experience leading to competitive, integrated employment, including work-based training, volunteer work, and internships.
(3) The office shall, on an annual basis:
(a) set goals to implement the policy described in Subsection (1) and the plan described in Subsection (2);
(b) determine whether the goals for the previous year have been met; and
(c) modify the plan described in Subsection (2) as needed.
(1) The executive director shall appoint a state rehabilitation advisory council to advise the office and the department concerning the needs of individuals with disabilities and the provision of vocational rehabilitation services.
(2) A majority of the membership of the advisory council shall consist of individuals with disabilities.
(3) A member of the council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
(1) This part is known as "Services for the Blind and Visually Impaired."
(2) For the purposes of this part:
(a) "Assistant director" means the assistant director of the division.
(b) "Division" means the program called the Division of Services for the Blind and Visually Impaired created in Section 35A-13-402.
(1) There is created as a program within the office the Division of Services for the Blind and Visually Impaired.
(2) The director, with the approval of the executive director and after consultation with members of the community to be served by the division, shall appoint an assistant director to administer the services provided by the division.
(3) The assistant director shall administer the division in accordance with:
(a) the direction of the director and the executive director; and
(b) applicable state and federal laws and regulations.
The division may:
(1) provide:
(a) a business enterprise program;
(b) workshops, employment, and training; and
(c) vocational rehabilitation, training and adjustment, sight conservation, prevention of blindness, low vision lenses, and recreational services;
(2) establish and operate community service centers, rehabilitation facilities, and workshops; and
(3) perform other duties assigned by the director or the executive director.
(1) This part is known as "Services for the Deaf and Hard of Hearing."
(2) For the purposes of this part:
(a) "Assistant director" means the assistant director of the division.
(b) "Division" means the program called the Division of Services for the Deaf and Hard of Hearing created in Section 35A-13-502.
(1) There is created as a program within the office the Division of Services for the Deaf and Hard of Hearing.
(2) The director, with the approval of the executive director and after consultation with members of the community to be served by the division, shall appoint an assistant director to administer the services provided by the division.
(3) The assistant director shall administer the division in accordance with:
(a) the direction of the director and the executive director; and
(b) applicable state and federal laws and regulations.
The division may:
(1) provide training and adjustment services for adults who are deaf or hard of hearing;
(2) assist public education officials in the discharge of their duties towards children who are deaf or hard of hearing;
(3) maintain a register of qualified interpreters;
(4) provide training in the use of telecommunication devices for the deaf, and install and maintain those devices;
(5) operate community centers for individuals who are deaf or hard of hearing; and
(6) perform other duties assigned by the director or the executive director.
(1) This part is known as the "Interpreter Services for the Deaf and Hard of Hearing Act."
(2) All rules made under this part shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
As used in this part:
(1) "Assistant director" means the assistant director who administers the program called the Division of Services for the Deaf and Hard of Hearing created in Section 35A-13-502.
(2) "Certified interpreter" means an individual who is certified as meeting the certification requirements of this part.
(3) "Interpreter services" means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language.
The director shall:
(1) prescribe certification qualifications;
(2) prescribe rules governing applications for certification;
(3) provide for a fair and impartial method for the examination of applicants;
(4) define unprofessional conduct, by rule, to supplement the definition under this part; and
(5) establish conditions for reinstatement and renewal of certification.
(1) Except as specifically provided in Section 35A-13-609, an individual is required to be certified as a certified interpreter if that individual provides interpreter services and a state or federal law requires the interpreter to be certified or qualified.
(2) The director shall issue a certification to an individual who qualifies under this chapter in classifications determined by the director.
Each applicant for certification under this part shall:
(1) submit an application in a form prescribed by the director;
(2) pay a fee determined by the director under Section 63J-1-504 to help offset the costs of implementing this part for the administration of examinations for certification and for the issuance of certificates;
(3) be of good moral character; and
(4) comply with any other qualifications for certification established by the director in accordance with Section 35A-13-604.
(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession described in Section 35A-13-605.
(2) Subject to Subsections (3) through (5), the director may issue a certificate described in Section 35A-13-605 to an applicant who has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if:
(a) the director determines that the applicant's education, experience, and skills demonstrate competency in the profession for which certification is sought; or
(b) the director determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate.
(3) The director may refuse to issue a certificate to an applicant under this section if:
(a) the director determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or
(b) the applicant has a previous or pending disciplinary action related to the applicant's other license.
(4) Before the director issues a certificate to an applicant under this section, the applicant shall:
(a) pay a fee determined by the director under Section 35A-13-606; and
(b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the profession for which certification is sought.
(5) The director may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
(1)
(a) The director shall issue each certificate under this part in accordance with a three-year renewal cycle established by rule.
(b) The director may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) At the time of renewal, the certified interpreter must show satisfactory evidence of compliance with renewal conditions established by the director in accordance with Subsection 35A-13-604(2).
(3) Each certificate automatically expires on the expiration date shown on the certificate unless the certified interpreter renews it in accordance with the conditions prescribed by the director.
(1) As a condition for renewal of certification, each certified interpreter shall, during each three-year certification cycle or other cycle defined by rule, complete a number of hours of qualified continuing professional education, as determined by the director, in accordance with standards defined by rule.
(2) If the renewal cycle is extended or shortened under Section 35A-13-607, the continuing education hours determined for renewal under Subsection (1) shall be increased or decreased proportionately.
(1) The following individuals may engage in the practice of a certified interpreter, subject to the stated circumstances and limitations, without being certified under this chapter:
(a) an individual serving in or employed by the Armed Forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or other federal agency and who is engaged in activities regulated under this part as a part of the individual's service or employment with that federal agency, if the individual holds a valid certificate or license to provide interpreter services issued by another state or jurisdiction recognized by the director;
(b) a student engaged in providing interpreter services while in training in a recognized school approved by the director to the extent the student's activities are supervised by qualified faculty, staff, or a designee, and the services are a defined part of the training program;
(c) an individual engaged in an internship, residency, apprenticeship, or on-the-job training program approved by the director while under the supervision of a qualified individual;
(d) an individual residing in another state and certified or licensed to provide interpreter services in that state, who is called in for a consultation by an individual certified to provide interpreter services in this state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, or other body approved by the director to conduct a lecture, clinic, or demonstration on interpreter services, if the individual does not establish a place of business or regularly engage in the practice of providing interpreter services in this state;
(f) an individual licensed in another state or country who is in this state temporarily to attend to the needs of an athletic team or group, except that the individual may only attend to the needs of the team or group and individuals who travel with the team or group, not including spectators; or
(g) an individual who is providing interpreter services for a religious entity, to the extent that the religious entity is specifically exempted from liability under federal law.
(2)
(a) An individual temporarily in this state who is exempted from certification under Subsection (1) shall comply with each requirement of the jurisdiction from which the individual derives authority to provide interpreter services.
(b) Violation of any limitation imposed by this section is grounds for removal of exempt status, denial of certification, or another disciplinary proceeding.
(3)
(a) Upon the declaration of a national, state, or local emergency, the director may suspend the requirements for permanent or temporary certification of individuals who are certified or licensed in another state.
(b) Individuals exempt under Subsection (3)(a) shall be exempt from certification for the duration of the emergency while engaged in providing interpreter services for which they are certified or licensed in the other state.
(4) The director may adopt rules for the issuance of temporary or restricted certifications if their issuance is necessary to or justified by:
(a) a lack of necessary available interpretive services in any area or community of the state, if the lack of services might be reasonably considered to materially jeopardize compliance with state or federal law; or
(b) a need to first observe an applicant for certification in a monitored or supervised practice of providing interpretive services before the director makes a decision either to grant or deny the applicant a regular certification.
(1) The director shall refuse to issue a certificate to an applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the certificate of a certified interpreter who does not meet the qualifications for certification under this part.
(2) The director may refuse to issue a certificate to an applicant, refuse to renew a certificate, revoke, suspend, restrict, or place on probation the certificate of a certified interpreter, issue a public or private reprimand to a certified interpreter, and issue a cease and desist order in any of the following circumstances:
(a) the applicant or certified interpreter has engaged in unprofessional conduct as defined in this part or by rule under this part;
(b) the applicant or certified interpreter has engaged in unlawful conduct as defined in this part;
(c) the applicant or certified interpreter has been determined to be mentally incompetent for any reason by a court of competent jurisdiction; or
(d) the applicant or certified interpreter is unable to provide interpretive services with reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the individual's condition demonstrates a threat or potential threat to public health, safety, or welfare.
(3) An individual whose certificate has been suspended, revoked, or restricted under Subsection (1) may apply for reinstatement at reasonable intervals and upon compliance with conditions imposed by the director.
(4) The director may issue cease and desist orders:
(a) to a certified interpreter or applicant who is subject to discipline under Subsection (1);
(b) to an individual who engages or represents that the individual is engaged in the profession of a certified interpreter; and
(c) to an individual who otherwise violates this part or rules adopted under this part.
"Unlawful conduct" means conduct by an individual that is defined as unlawful under this part and includes:
(1) practicing or engaging in, representing oneself to be practicing or engaging in, or attempting to practice or engage in the profession of a certified interpreter if the individual is:
(a) not certified to do so and is not exempted from certification under this chapter; or
(b) restricted from doing so by a restricted, suspended, revoked, temporary, probationary, or inactive certification;
(2) impersonating another certified interpreter or practicing as a certified interpreter under a false or assumed name, except as permitted by law;
(3) knowingly employing an individual to practice or engage in or attempt to practice or engage in the profession of a certified interpreter, if the employee is not certified to do so under this chapter;
(4) knowingly permitting the individual's authority to engage in the profession of a certified interpreter to be used by another individual, except as permitted by law; or
(5) applying for certification under this part, obtaining certification under this part, or otherwise dealing with the director through the use of fraud, forgery, or intentional deception, misrepresentation, misstatement, or omission.
"Unprofessional conduct" means conduct by a certified interpreter that is defined as unprofessional conduct under this part or under any rules adopted under this part and includes:
(1) violating, or aiding or abetting an individual in violating, any provision of this part, rule adopted under this part, or order regulating certified interpreters;
(2) violating, or aiding or abetting an individual in violating, any generally accepted professional or ethical standard applicable to the profession of a certified interpreter; or
(3) physically, mentally, or sexually abusing or exploiting an individual through conduct connected with a certified interpreter's practice under this part.
An individual who violates Section 35A-13-611 is guilty of a class B misdemeanor.
This chapter is known as "Preschool Programs."
As used in this chapter:
(1) "Department" means the Department of Workforce Services.
(2) "Economically disadvantaged" means to be eligible to receive free or reduced price lunch.
(3)
(a) "Eligible LEA" means an LEA that collects longitudinal academic outcome data, including special education use by student, by identifying each student with a statewide unique student identifier.
(b) "Eligible LEA" includes a program exempt from licensure under Subsection 26B-2-405(2)(e).
(4)
(a) "Eligible private provider" means a child care program that:
(i) is licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; or
(ii) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section 26B-2-405.
(b) "Eligible private provider" does not include:
(i) residential child care, as defined in Section 26B-2-401; or
(ii) a program exempt from licensure under Subsection 26B-2-405(2)(e).
(5) "Eligible student" means a student:
(a)
(i) who is three, four, or five years old; and
(ii) is not eligible for enrollment under Subsection 53G-4-402(8); and
(b)
(i) who is economically disadvantaged;
(ii) whose parent or legal guardian reports that the student has experienced at least one risk factor;
(iii) is an English learner; or
(iv) has ever been in foster care.
(6) "Evaluation" means an evaluation conducted in accordance with Section 35A-15-303.
(7) "High quality school readiness program" means a preschool program that:
(a) is provided by an eligible LEA or eligible private provider; and
(b) meets the elements of a high quality school readiness program described in Section 35A-15-202.
(8) "Investor" means a person that enters into a results-based contract to provide funding to a high quality school readiness program on the condition that the person will receive payment in accordance with Section 35A-15-402 if the high quality school readiness program meets the performance outcome measures included in the results-based contract.
(9) "Kindergarten transition plan" means a plan that supports the smooth transition of a preschool student to kindergarten and includes communication and alignment among the preschool, program, parents, and K-12 personnel.
(10) "Local Education Agency" or "LEA" means a school district or charter school.
(11) "Performance outcome measure" means:
(a) indicators, as determined by the department, on the school readiness assessment; or
(b) for a results-based contract, the indicators included in the contract.
(12) "Results-based contract" means a contract that:
(a) is entered into in accordance with Section 35A-15-402;
(b) includes a performance outcome measure; and
(c) is between the department, a provider of a high quality school readiness program, and an investor.
(13) "Risk factor" means:
(a) having a mother who was 18 years old or younger when the child was born;
(b) a member of a child's household is incarcerated;
(c) living in a neighborhood with high violence or crime;
(d) having one or both parents with a low reading ability;
(e) moving at least once in the past year;
(f) living with multiple families in the same household;
(g) having exposure in a child's home to:
(i) physical abuse or domestic violence;
(ii) substance abuse;
(iii) the death or chronic illness of a parent or sibling; or
(iv) mental illness; or
(h) having at least one parent who has not completed high school.
(14) "School readiness assessment" means the same as that term is defined in Section 53E-4-314.
(15) "School readiness team" means a team comprised of staff from:
(a) the Department of Workforce Services' Office of Child Care that support preschool and early care programs; and
(b) the state board that oversees preschool programs.
(16) "State board" means the State Board of Education.
(17) "Tool" means the tool developed in accordance with Section 35A-15-303.
A high quality school readiness program that an eligible LEA or eligible private provider runs shall include:
(1) an evidence-based curriculum that is aligned with all of the developmental domains and academic content areas defined in the Utah core standards for preschool that the state board adopts, and that incorporates:
(a) intentional and differentiated instruction in whole group, small group, and child-directed learning; and
(b) intentional instruction in key areas of literacy and numeracy, as determined by the state board, that:
(i) is teacher led or through a partnership with a contractor as defined in Section 63N-20-101;
(ii) includes specific literacy and numeracy skills, such as phonological awareness; and
(iii) includes provider monitoring and ongoing professional learning and coaching;
(2) ongoing, focused, and intensive professional learning for staff of the school readiness program;
(3) ongoing assessment of a student's educational growth and development that:
(a) is aligned to the Utah core standards for preschool that the state board adopts; and
(b) evaluates student progress to inform instruction;
(4) administration of the school readiness assessment to each student;
(5) a class size that does not exceed 20 students, with one adult for every 10 students in the class;
(6) ongoing program evaluation and data collection to monitor program goal achievement and implementation of required program components;
(7) family engagement, including ongoing communication between home and school, and parent education opportunities based on each family's circumstances;
(8) only lead teachers who, by the lead teacher's second year, obtain at least:
(a) the minimum standard of a child development associate certification; or
(b) an associate or bachelor's degree in an early childhood education related field; and
(9) a kindergarten transition plan.
(1) There is created in the General Fund a restricted account known as the "School Readiness Restricted Account."
(2) The School Readiness Restricted Account consists of:
(a) money appropriated by the Legislature;
(b) all income and interest derived from the deposit and investment of money in the account;
(c) federal grants; and
(d) private donations.
(3) Subject to legislative appropriations, money in the restricted account may be used:
(a) to award a grant under Section 35A-15-301 or 35A-15-302;
(b) to contract with an evaluator;
(c) to fund the participation of eligible students in a high quality school readiness program through a results-based contract; and
(d) for administration costs and to monitor the programs described in this part.
(4) Money for awards under Subsection (3)(a) shall be allocated in the following order to:
(a) pay results-based contracts;
(b) grant awards under Section 35A-15-302; and
(c) if any allocated funds remain, grant awards under Section 35A-15-301.
(1) The Becoming Quality School Readiness Grant Program is created to provide grants to the following, in order to assist an existing preschool in becoming a high quality school readiness program:
(a) an eligible private provider; or
(b) an eligible LEA.
(2) The department, in consultation with the school readiness team, shall solicit proposals from eligible LEAs and eligible private providers.
(3) Subject to legislative appropriations, the department, in consultation with the school readiness team, shall award grants to applicants based on:
(a) an applicant's capacity to effectively implement the components described in Section 35A-15-202;
(b) the percentage of eligible students; and
(c) the level of administrative support and leadership at an applicant's program to effectively implement, monitor, and evaluate the program.
(4) To receive a grant under this section, an applicant shall submit a proposal to the department detailing:
(a) the applicant's strategy to implement the high quality components described in Section 35A-15-202;
(b) the number of proposed students, categorized by age and whether the students are eligible students;
(c) for an eligible LEA or eligible private provider, the number of high quality school readiness program classrooms the applicant plans to operate; and
(d) the estimated cost per student.
(5)
(a) A grant recipient shall use the grant to move the recipient's preschool program toward achieving the components described in Section 35A-15-202.
(b) A grant recipient may not:
(i) enter into a results-based contract while the recipient receives the grant; or
(ii) receive grant funds under Section 35A-15-302.
(6) A grant recipient shall ensure that each student who is enrolled in a classroom supported by the grant has a unique student identifier by:
(a) if the recipient is an eligible LEA, assigning a unique student identifier to each student enrolled in the classroom; or
(b) if the recipient is an eligible private provider working with the state board to assign a unique student identifier to each student enrolled in the classroom.
(7) A grant recipient shall work in cooperation with the UPSTART contractor in accordance with Section 63N-20-103 and develop data sharing agreements that include:
(a) program information;
(b) referrals; and
(c) shared student performance outcomes.
(8) The department, in consultation with the school readiness team, shall make rules to effectively administer and monitor the grant program described in this section, including:
(a) requiring grant recipients to use assessments, including the school readiness assessment, as determined by the school readiness team; and
(b) establishing reporting requirements for grant recipients.
(9) Subject to funding availability, a grant recipient may receive a grant under this section for no longer than three years.
(1) The High Quality School Readiness Grant Program is created to expand access to high quality school readiness programs for eligible students through grants administered by the department for eligible LEAs and private providers.
(2) The department, in consultation with the school readiness team, shall solicit proposals from eligible LEAs and eligible private providers .
(3)
(a) An applicant shall submit a proposal that includes the information described in Subsection (3)(b) to the department.
(b) An applicant's proposal for the grant solicitation described in Subsection (2) shall include:
(i) the applicant's existing and proposed school readiness program, including:
(A) the number of students served by the applicant's school readiness program;
(B) the estimated cost per student; and
(C) any fees a parent or legal guardian pays for the school readiness program;
(ii) how the applicant would use a grant to:
(A) expand the number of eligible students served by the applicant's school readiness program; and
(B) target the funding toward the highest risk students;
(iii) the results of any evaluations of the applicant's school readiness program; and
(iv) a demonstration that the respondent's existing school readiness program meets performance outcome measures.
(4) For each proposal received in response to the solicitation described in Subsection (2), the school readiness team shall determine if the applicant school readiness program is a high quality school readiness program by:
(a) applying the tools;
(b) reviewing performance outcome measures; and
(c) implementing the elements of a high quality school readiness program.
(5)
(a) Subject to legislative appropriations and Subsection (8), the department, in consultation with the school readiness team, shall award a grant to an applicant.
(b) The department may only award a grant to an applicant if:
(i) the applicant submits a proposal that includes the information required under Subsection (3); and
(ii) the school readiness team determines that the applicant's program is a high quality school readiness program in accordance with Subsection (4).
(c)
(i) A grant recipient may use funds received under this section to supplement an existing program but not supplant other funding.
(ii) An eligible LEA or an eligible private provider may not receive funding under this section if the eligible LEA or eligible private provider receives funding under Section 35A-15-301 or 35A-15-401.
(6) In evaluating a proposal received in response to the solicitation described in Subsection (2), the school readiness team shall consider:
(a) the number and percent of students in the applicant's high quality school readiness program that are eligible students at the highest risk;
(b) geographic diversity, including whether the applicant is urban or rural; and
(c) the applicant's level of administrative support and leadership to effectively implement, monitor, and evaluate the program.
(7) A grant recipient shall work in cooperation with the UPSTART contractor in accordance with Section 63N-20-103 and develop data sharing agreements that include:
(a) program information;
(b) referrals; and
(c) shared student performance outcomes.
(8) Subject to legislative appropriations, the department shall give priority in awarding grants to an applicant that has previously received a grant under this section if the applicant:
(a) makes the annual report described in Section 35A-15-303;
(b) participates in the evaluation; and
(c) continues to offer a high quality school readiness program.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the school readiness team, shall make rules to:
(a) implement the observation tools; and
(b) administer the grant program.
(1) The school readiness team shall conduct the ongoing review and evaluation each school year of:
(a) a grant recipient under Section 35A-15-301; and
(b) a grant recipient under Section 35A-15-302.
(2)
(a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board may enter into a contract with an evaluator to assist with the evaluation process.
(b) An evaluation described in Subsection (1) shall include:
(i) outcomes of onsite observations utilizing the tools developed under Subsection (4) at a frequency and number of classrooms visits established by the department, in consultation with the school readiness team;
(ii) performance on the performance outcome measures;
(iii) whether any of the programs improved kindergarten readiness through funding provided under Section 35A-15-301 or 35A-15-302; and
(iv) student demographic data.
(3) The school readiness team shall determine whether there is a correlation between the tools and the performance outcome measure.
(4)
(a) The school readiness team shall:
(i) develop tools to determine whether a school readiness program is a high quality school readiness program;
(ii) establish how to apply the tools to make a determination described in this Subsection (4);
(iii) establish how the school readiness team will assess performance outcome measures; and
(iv) adopt benchmarks for success on the performance outcome measures for a grant recipient under this section.
(b) The department, in consultation with the school readiness team, may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of this Subsection (4).
(5)
(a) A grant recipient that receives a grant award under Section 35A-15-302 shall annually submit to the school readiness team:
(i) the number of students served by the preschool, including:
(A) the number of students who are eligible students; and
(B) the student's demographic area;
(ii) student attendance;
(iii) the cost per student; and
(iv) assessment results, including the school readiness assessment, and other assessments as determined by the school readiness team.
(b) The assessment results under Subsection (5)(a)(iv) shall include:
(i) student data assessment data and growth scores; and
(ii) the observation tool score.
(c) If a student growth or observation score is below the benchmark for success established by the school readiness team, the grant recipient shall:
(i) after the first year of not meeting the established benchmark:
(A) develop an action plan informed by a data analysis to inform focus improvement efforts; and
(B) submit a mid-year report on the progress of improvement efforts to the school readiness team; and
(ii) after the second year of not meeting the established benchmark:
(A) develop an action plan informed by a data analysis to inform focus improvement efforts; and
(B) submit a monthly report on the progress of improvement efforts to the school readiness team.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the school readiness team, may adopt rules to establish eligibility criteria and grant funding priority for a grant recipient who, after three consecutive years, fails to meet the benchmark for success described in Subsection (5)(c).
(1) As used in this section:
(a) "Participating program operator" means an eligible LEA, a private provider, or a home-based educational technology provider that is a party to a results-based contract.
(b) "Program" means a school readiness program funded through a results-based contract.
(2)
(a) Subject to the requirements of this part, an eligible LEA, an eligible private provider, or an eligible home-based educational technology provider that operates a high quality school readiness program may enter into and receive funding through a results-based contract.
(b) An eligible LEA, an eligible private provider, or an eligible home-based educational technology provider may not enter into a results-based contract while receiving a grant under Part 3, Grants for High Quality School Readiness Programs.
(3) A participating program operator shall ensure that each student who is enrolled in a classroom, or who uses a home-based educational technology, that is part of a participating program operator's program has a unique student identifier by:
(a) if the participating program operator is an eligible LEA, assigning a unique student identifier to each student enrolled in the classroom; or
(b) if the participating program operator is an eligible private provider or eligible home-based technology provider, working with the state board to assign a unique student identifier to each student enrolled in the classroom or who uses the home-based educational technology.
(4) A participating program operator may not use funds received through a results-based contract to supplant funds for an existing high quality school readiness program, but may use the funds to supplement an existing high quality school readiness program.
(5)
(a) If not prohibited by the Elementary and Secondary Education Act of 1965, 20 U.S.C. Secs. 6301-6576, a participating program operator may charge a sliding scale fee, based on household income, to a student enrolled in the participating program operator's program.
(b) A participating program operator may use grants, scholarships, or other money to help fund the program.
(6)
(a) A participating program operator that is an eligible LEA may contract with an eligible private provider to provide a high quality school readiness program to a portion of the eligible LEA's eligible students if:
(i) the results-based contract specifies the number of students to be served by the eligible private provider; and
(ii) the eligible private provider meets the requirements described in this section for a participating program operator.
(b) An eligible LEA that contracts with an eligible private provider shall provide supportive services to the eligible private provider, which may include:
(i) professional learning;
(ii) staffing or staff support;
(iii) materials; or
(iv) assessments.
(1) The department may enter into a results-based contract to fund participation of eligible students in a high quality school readiness program in accordance with this part.
(2)
(a) The department shall include an investor as a party to a results-based contract.
(b) The department may provide for a repayment to an investor to include a return of investment and an additional return on investment, dependent on achievement of the performance outcome measures set in the results-based contract.
(c) The additional return on investment described in Subsection (2)(b) may not exceed 5% above the current Municipal Market Data General Obligation Bond AAA scale for a 10 year maturity at the time of the issuance of the results-based contract.
(d) Funding obtained for an early education program through a results-based contract that includes an investor is not a procurement item under Section 63G-6a-103.
(e) A results-based contract that includes an investor shall include:
(i) a requirement that the repayment to the investor be conditioned on achieving the performance outcome measures set in the results-based contract;
(ii) a requirement for an independent evaluator to determine whether the performance outcome measures have been achieved;
(iii) a provision that repayment to the investor is:
(A) based upon available money in the School Readiness Restricted Account described in Section 35A-15-203; and
(B) subject to legislative appropriations; and
(iv) a provision that the investor is not eligible to receive or view personally identifiable student data of students funded through the results-based contract.
(f) The department may not issue a results-based contract if the total outstanding obligations of results-based contracts that include an investor as a party to the contract would exceed $15,000,000 at any one time.
(3) The department shall require an independent evaluation to determine if a school readiness program meets the performance outcome measures included in a results-based contract.
(4) If the department enters into a results-based contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, the department shall select an independent evaluator with experience in evaluating school readiness programs.
(5)
(a) At the end of each year of a results-based contract after a student funded through a results-based contract completes kindergarten, the independent evaluator shall determine whether the performance outcome measures set in the results-based contract have been met.
(b) The department may not pay an investor unless the evaluation described in Subsection (5)(a) determines that the performance outcome measures in the results-based contract have been met.
(6)
(a) The department shall ensure that a parent or guardian of an eligible student participating in a program funded through a results-based contract has given permission and signed an acknowledgment that the student's data may be shared for research and evaluation purposes, subject to federal law.
(b) The department shall maintain documentation of parental permission required in Subsection (6)(a).
As used in this chapter:
(1) "Board" means the Utah Homeless Services Board created in Section 35A-16-204.
(2) "Chief executive officer" means the same as that term is defined in Section 11-51-102.
(3) "Client" means an individual who is experiencing homelessness or an individual at risk of becoming homeless.
(4) "Collaborative applicant" means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development.
(5) "Continuum of care" means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state.
(6) "Coordinator" means the state homelessness coordinator appointed under Section 35A-1-204.
(7) "County of the first class" means the same as that term is defined in Section 17-60-104.
(8) "County of the second class" means the same as that term is defined in Section 17-60-104.
(9) "Eligible services" means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(10) "Executive committee" means the executive committee of the board.
(11) "Exit destination" means:
(a) a homeless situation;
(b) an institutional situation;
(c) a temporary housing situation;
(d) a permanent housing situation; or
(e) other.
(12) "First-tier eligible municipality" means a municipality that:
(a) is located within:
(i) a county of the first or second class, as classified in Section 17-60-104; or
(ii) a county of the third class, as classified in Section 17-60-104, if the municipality has a population of 100,000 or more;
(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
(d) is certified as a first-tier eligible municipality in accordance with Section 35A-16-404.
(13) "Homeless Management Information System" or "HMIS" means an information technology system that:
(a) is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and
(b) meets the requirements of the United States Department of Housing and Urban Development.
(14) "Homeless services budget" means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection 35A-16-203(1)(b).
(15) "Local homeless council" means a local planning body designated by the steering committee that coordinates services for individuals experiencing homelessness within an area of the state.
(16) "Office" means the Office of Homeless Services.
(17) "Residential, vocational and life skills program" means the same as that term is defined in Section 13-53-102.
(18) "Second-tier eligible municipality" means a municipality that:
(a) is located within:
(i) a county of the fourth, fifth, or sixth class; or
(ii) a county of the third class, if the municipality has a population of less than 100,000;
(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
(d) is certified as a second-tier eligible municipality in accordance with Section 35A-16-404.
(19)
(a) "Service provider" means a state agency, a local government, or a private organization that provides services to clients.
(b) "Service provider" includes a correctional facility and the Administrative Office of the Courts.
(20) "Steering committee" means the Utah Homeless Network Steering Committee created in Section 35A-16-206.
(21) "Type of homelessness" means:
(a) chronic homelessness;
(b) episodic homelessness;
(c) situational homelessness; or
(d) family homelessness.
Nothing in this chapter shall be construed to require a facility that provides domestic violence services, as that term is defined in Section 80-2-102, to act in a manner that conflicts with licensing obligations or requirements related to the receipt of state or federal funds.
The provisions of this chapter governing funding for the provision of homeless services do not apply to money the Legislature appropriates for a direct award grant governed by Title 63G, Chapter 6b, State Grants.
(1) The Office of Homeless Services is under the direction of the state homelessness coordinator appointed under Section 35A-1-204.
(2) The coordinator shall serve as:
(a) an advisor to the governor on homelessness issues; and
(b) subject to Subsection (3), the chief administrative officer of the Office of Homeless Services created under this part.
(3) The executive director has administrative oversight over the office.
(1) The office shall, under the direction of the coordinator:
(a) assist in providing homeless services in the state;
(b) coordinate the provision of homeless services in the state;
(c) coordinate statewide emergency and crisis response in relation to services for individuals experiencing homelessness;
(d) manage, with the concurrence of continuum of care organizations approved by the United States Department of Housing and Urban Development, a Homeless Management Information System for the state that:
(i) shares client-level data between service providers in the state;
(ii) is effective as a case management system;
(iii) except for individuals receiving services who are victims of domestic violence, includes an effective authorization protocol for encouraging individuals who are provided with any homeless services in the state to provide accurate information to providers for inclusion in the HMIS; and
(iv) meets the requirements of the United States Department of Housing and Urban Development and other federal requirements; and
(e) provide support to the steering committee in developing the formula described in Section 35A-16-211.
(2) The office may:
(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs; and
(b) for any federal program that requires the expenditure of state funds as a condition for participation by the state in a fund, property, or service, with the governor's approval, expend whatever funds are necessary out of the money provided by the Legislature for the use of the office.
(1) The coordinator shall:
(a) coordinate the provision of homeless services in the state;
(b) in cooperation with the board, develop and maintain a comprehensive annual budget and overview of all homeless services available in the state, which homeless services budget shall receive final approval by the board;
(c) in cooperation with the board, oversee funding provided for the provision of homeless services, which funding shall receive final approval by the board, including funding from the:
(i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
(ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303; and
(iii) Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402;
(d) provide administrative support to and serve as a member of the board;
(e) at the governor's request, report directly to the governor on issues regarding homelessness in the state and the provision of homeless services in the state;
(f) at the request of the president of the Senate and the speaker of the House of Representatives, report directly to the Legislature on issues regarding homelessness in the state and the provision of homeless services in the state;
(g) outline specific goals and measurable benchmarks for minimizing homelessness in the state; and
(h) coordinate services for individuals experiencing homelessness among all service providers in the state.
(2) In overseeing funding for the provision of homeless services as described in Subsection (1)(c), the coordinator:
(a) shall prioritize the funding of programs and providers that have a documented history of successfully reducing the number of individuals experiencing homelessness, reducing the time individuals spend experiencing homelessness, moving individuals experiencing homelessness to permanent housing, or reducing the number of individuals who return to experiencing homelessness;
(b) except for a program or provider providing services to victims of domestic violence, may not approve funding to a program or provider that does not enter into a written agreement with the office to collect and share HMIS data regarding the provision of services to individuals experiencing homelessness so that the provision of services can be coordinated among state agencies, local governments, and private organizations; and
(c) if the board has approved a funding formula developed by the steering committee, as described in Section 35A-16-205:
(i) except as provided in Subsection (2)(c)(ii), shall utilize that funding formula in disbursing funds for the provision of homeless services; and
(ii) shall ensure that any federal funds not subject to the funding formula are disbursed in accordance with any applicable federal requirements.
(3)
(a) On or before October 1, the coordinator shall provide a written report to the department for inclusion in the department's annual written report described in Section 35A-1-109.
(b) The written report shall include:
(i) the homeless services budget;
(ii) recommendations regarding improvements to coordinating and providing services to individuals experiencing homelessness in the state;
(iii) in coordination with the board, a complete accounting of the office's disbursement of funds during the previous fiscal year from:
(A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
(B) the Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
(C) the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402; and
(D) any other grant program created in statute that is administered by the office.
(1) There is created within the office the Utah Homeless Services Board.
(2)
(a) The board shall consist of the following members:
(i) a representative, appointed by the speaker of the House of Representatives;
(ii) a representative, appointed by the president of the Senate;
(iii) a private sector representative, appointed by the governor;
(iv) a representative, appointed by the governor;
(v) a statewide philanthropic leader, appointed by the Utah Impact Partnership or the partnership's successor organization;
(vi) the mayor of Salt Lake City;
(vii) the chief executive officer appointed by the Shelter Cities Advisory Council in accordance with Section 35A-16-210;
(viii) an individual with lived experience of homelessness, appointed by the chair of the board;
(ix) a representative, appointed by the Utah Association of Counties or the association's successor organization;
(x) an individual who represents the Utah Homeless Network; and
(xi) the coordinator.
(b) The governor shall select a board member to serve as chair of the board.
(3) The following four members of the board shall serve as the executive committee:
(a) the coordinator; and
(b) three board members chosen by the board chair, which shall include one of the members described in Subsection (2)(a)(vi) or (2)(a)(vii).
(4)
(a) The board shall meet at least once per calendar quarter.
(b) The chair, the coordinator, or three of the board members may call a board meeting.
(c) The individual calling the meeting shall provide notice of the meeting to the board members at least three calendar days in advance of the meeting.
(5) A majority of the voting members of the board constitutes a quorum of the board at any meeting, and the action of the majority of voting members present constitutes the action of the board.
(6)
(a) A majority of members of the executive committee constitutes a quorum of the executive committee at any meeting, and the action of the majority of members present constitutes the action of the executive committee.
(b) The executive committee is exempt from the requirements described in Title 52, Chapter 4, Open and Public Meetings Act.
(7)
(a) Except as required by Subsection (7)(c):
(i) each appointed member of the board, other than a board member described in Subsection (2)(a)(vii), shall serve a four-year term; and
(ii) the board member appointed in accordance with Subsection (2)(a)(vii) shall serve a two-year term.
(b) A board member may serve more than one term.
(c) The appointing authority, at the time of appointment or reappointment, may adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the appointed board members are appointed every two years.
(8) When a vacancy occurs in the appointed membership for any reason, the replacement is appointed for the unexpired term.
(9)
(a) Except as described in Subsection (9)(b), a member may not receive compensation or benefits for the member's service but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
(b) Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(10) The office shall provide staff and administrative support to the board.
(1) The board:
(a) shall provide final approval for:
(i) a funding formula developed by the steering committee under Section 35A-16-211;
(ii) the homeless services budget; and
(iii) the awarding of funding for the provision of homeless services as described in Subsection 35A-16-203(1)(c);
(b) in cooperation with the coordinator, shall:
(i) develop and maintain the homeless services budget; and
(ii) review applications and approve funding for the provision of homeless services in the state as described in Subsection 35A-16-203(1)(c);
(c) shall review local and regional plans for providing services to individuals experiencing homelessness;
(d) shall cooperate with local homeless councils to:
(i) develop a common agenda and vision for reducing homelessness in each local oversight body's respective region;
(ii) as part of the homeless services budget, develop a spending plan that coordinates the funding supplied to local stakeholders; and
(iii) align local funding to projects that improve outcomes and target specific needs in each community;
(e) shall coordinate gap funding with private entities for providing services to individuals experiencing homelessness;
(f) shall recommend performance and accountability measures for service providers, including the support of collecting consistent and transparent data;
(g) when reviewing and giving final approval for requests as described in Subsection 35A-16-203(1)(c):
(i) may only recommend funding if the proposed recipient has a policy to share client-level service information with other entities in accordance with state and federal law to enhance the coordination of services for individuals who are experiencing homelessness; and
(ii) shall identify specific targets and benchmarks for each recommended award;
(h) shall develop annual state and local goals for reducing homelessness among the target subpopulations identified by the board;
(i) shall work with the local homeless councils to carry out the requirements of Subsection 35A-16-211(3);
(j) shall develop metrics for measuring the effectiveness of providers in assisting clients to successfully progress through the services coordinated by a continuum of care;
(k) shall create best practices or innovative strategies for a service provider to administer services to an individual experiencing homelessness, including promotion of:
(i) a recognition of the human dignity of clients served;
(ii) a need to develop self-reliance;
(iii) the value of work;
(iv) personal accountability; and
(v) personal progress toward greater personal independence;
(l) shall make recommendations for uniform standards for enforcing pedestrian safety and unsanctioned camping laws and ordinances;
(m) shall identify best practices or innovative strategies for responding to unsheltered individuals experiencing mental health disorder and substance use disorder;
(n) shall make recommendations for strategies to reduce illegal drug use within homeless shelters, transitional housing, and permanent supportive housing;
(o) shall facilitate client connection to alternative support systems, including behavioral health services, addiction recovery, and residential services;
(p) shall facilitate participation in HMIS, where appropriate and in alignment with established HMIS policies, and data sharing agreements among all participants in a client support network, including homeless services, physical health systems, mental health systems, and the criminal justice system;
(q) shall evaluate additional opportunities for the office to become a collaborative applicant;
(r) shall coordinate with the continuums of care to provide for cooperative distribution of available funding;
(s) shall work in conjunction with the executive directors of the Department of Workforce Services, the Department of Health and Human Services, and the Department of Corrections to create best practices or innovative strategies for helping individuals exiting from incarceration or an institution to avoid homelessness;
(t) shall establish standards for the prioritization of beds located in homeless shelters in accordance with Section 35A-16-205.1; and
(u) shall work in conjunction with the Department of Veterans and Military Affairs to create best practices for helping veterans, as that term is defined in Section 68-3-12.5, avoid homelessness.
(2)
(a) In approving a funding formula, as described in Subsection (1)(a)(i), the board shall take action on a proposed funding formula by a two-thirds vote.
(b) If the board cannot approve a proposed funding formula, the board shall refer the proposed funding formula back to the steering committee for further consideration.
(3)
(a) The executive committee shall act in an advisory capacity for the board and make recommendations regarding the board's duties under Subsection (1).
(b) The executive committee does not have authority to make decisions independent of the board.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules establishing standards for the prioritization of beds located in a homeless shelter.
(2) In establishing standards under Subsection (1), the board shall:
(a) assign highest priority for available beds to:
(i) individuals eligible for Temporary Assistance for Needy Families funds pursuant to 42 U.S.C. Sec. 604; and
(ii) individuals discharged from the Utah State Hospital created in Section 26B-5-302; and
(b) require a homeless shelter, if feasible, to allocate an average of 85% of the total number of beds located in a homeless shelter to individuals described in Subsection (2)(a)(i).
(3) The office shall disseminate the standards established by the board under Subsection (1) to each homeless shelter located within the state.
(4) Notwithstanding any other provisions in this chapter, state funds may not be awarded under this chapter directly to or for the benefit of a homeless shelter located within the state unless the homeless shelter complies with the standards established by the board under Subsection (1).
(1) There is created within the office the Utah Homeless Network Steering Committee.
(2) The steering committee shall consist of the following members:
(a) the chair of each local homeless council or the chair's designee;
(b) one individual who has experienced homelessness, appointed by the cochairs of the steering committee;
(c) one representative of the collaborative applicant for the Balance of State continuum of care, appointed by the collaborative applicant;
(d) one representative of the collaborative applicant for the Mountainland continuum of care, appointed by the collaborative applicant;
(e) one representative of the collaborative applicant for the Salt Lake County continuum of care, appointed by the collaborative applicant;
(f) one representative of the office's program staff, appointed by the coordinator; and
(g) one representative of the office's data staff, appointed by the coordinator.
(3) The steering committee shall select two members from among the members described in Subsection (2)(a) to serve as cochairs, of which:
(a) one cochair shall be chosen among the members representing:
(i) the Mountainland local homeless council;
(ii) the Salt Lake County local homeless council;
(iii) the Davis local homeless council; and
(iv) the Weber-Morgan local homeless council; and
(b) one cochair shall be chosen among the members representing all other local homeless councils that are not listed in Subsection (3)(a).
(4) The cochairs are responsible for the call and conduct of meetings.
(5)
(a) A majority of the members of the steering committee constitutes a quorum.
(b) The action of a majority of a quorum constitutes the action of the steering committee.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The office and the department shall provide administrative support to the steering committee.
(1) The steering committee shall:
(a) support connections across continuums of care, local homeless councils, and state and local governments;
(b) coordinate statewide emergency and crisis response in relation to services for individuals experiencing homelessness;
(c) provide training to providers of services for individuals experiencing homelessness, stakeholders, and policymakers;
(d) educate the general public and other interested persons regarding the needs, challenges, and opportunities for individuals experiencing homelessness; and
(e) make recommendations to the board regarding the awarding of funding for the provision of homeless services as described in Subsection 35A-16-203(1)(c).
(2) The steering committee shall, in consultation with members of the board, the office, members of local homeless councils, and the coordinator, develop a funding formula as described in Section 35A-16-211.
(1)
(a) The office shall report, for the state and for each local homeless council:
(i) the state's year-to-date progress toward reaching a functional zero level of homelessness for each type of homelessness and subpopulation;
(ii) the number of individuals who are experiencing homelessness for the first time plus the number of individuals who are returning to homelessness minus the number of individuals who are exiting homelessness;
(iii) the progress, by project type, on each goal established in accordance with Subsection (3); and
(iv) the data provided by the homeless services provider ombudsman as described in Section 35A-16-1002.
(b) The reports described in this Subsection (1) shall contain aggregated, de-identified information.
(2) The office shall report the data described in Subsection (1):
(a) in the annual report required by Section 35A-16-203; and
(b) on a data dashboard for the public with specific additional data points recommended by the board.
(3) The board and the local homeless councils shall jointly establish quarterly goals for each project type.
(1) There is established the Shelter Cities Advisory Board.
(2) The Shelter Cities Advisory Board shall consist of the following members:
(a) the chief executive officer of each first-tier eligible municipality, or the chief executive officer's designee; and
(b) the chief executive officer of each second-tier eligible municipality, or the chief executive officer's designee.
(3)
(a) The Shelter Cities Advisory Board shall appoint, in accordance with this section, one chief executive officer representing a municipality as a member to the board.
(b) The members of the Shelter Cities Advisory Board shall make an appointment, or fill a vacancy, by a majority vote of all members of the Shelter Cities Advisory Board who are present at the meeting during which an appointment is made.
(c) The Shelter Cities Advisory Board may not appoint the chief executive officer described in Subsection 35A-16-204(2)(a)(vi).
(d) Section 35A-16-204 governs other terms of appointment.
(4) The Shelter Cities Advisory Board may make recommendations to the board regarding improvements to coordinating and providing services to individuals experiencing homelessness in the state.
(5) An association representing at least two municipalities in the state shall provide staff and administrative support to the Shelter Cities Advisory Board.
(1) There is established the Shelter Counties Advisory Board.
(2) The Shelter Counties Advisory Board shall consist of the chief executive officer of each county that maintains a homeless shelter year round, or the chief executive officer's designee.
(3) The Shelter Counties Advisory Board may make recommendations to the board regarding improvements to coordinating and providing services to individuals experiencing homelessness in the state.
(4) An association representing at least two counties in the state shall provide staff and administrative support to the Shelter Counties Advisory Board.
(1) The steering committee shall develop a formula for the distribution of funds for the provision of homeless services.
(2) A formula for the distribution of funds for the provision of homeless services shall:
(a) take into consideration:
(i) the various needs of regions of the state;
(ii) metrics and evidence of success;
(iii) the goals outlined in the strategic plan; and
(iv) any other factor the steering committee considers necessary; and
(b) utilize objective metrics to ensure, as much as possible, an impartial result.
(3) A funding formula described in this section applies to federal funds received by the office for the provision of homeless services only insofar as any federal regulations governing those federal funds allow.
(1) As used in this part:
(a) "Fund" means the Property Loss Related to Homelessness Compensation Enterprise Fund created in Subsection (3).
(b) "Homeless services facility" means an eligible shelter under Subsection 35A-16-401(5)(a), (b), or (c).
(c) "Property loss" means:
(i) documented damage to or theft of personal property; or
(ii) documented cost of cleaning, sanitizing, repairing, or restoring real property.
(2) Documentation required for Subsection (1)(c) shall include closed insurance claim information with any settlement amount.
(3) There is created an enterprise fund known as the Property Loss Related to Homelessness Compensation Enterprise Fund.
(4) The fund shall consist of:
(a) gifts, grants, donations, and loan repayments or any other conveyance of money that may be made to the fund from private sources; and
(b) additional amounts as appropriated by the Legislature.
(5) The fund shall be administered by the office.
(6) Funds may be used to:
(a) provide a no-interest loan to a business that:
(i) meets the requirements of Subsection (6)(b); and
(ii) enters into an agreement with the department to:
(A) use loan funds for documented costs for property loss or for documented costs to mitigate property loss as a direct result of the presence of the homeless services facility; and
(B) repay the loan no later than one year from the day on which the loan is disbursed to the business;
(b) except as provided in Subsection (12), compensate a business that:
(i) is located within 1/5 of a mile of a homeless services facility; and
(ii) experiences property loss as a direct result of the presence of the homeless services facility; or
(c) compensate an individual who:
(i) lives within 1/5 of a mile from a homeless services facility; and
(ii) experiences property loss as a direct result of the presence of the homeless services facility.
(7) An individual who receives compensation from the fund shall:
(a) be a resident of Utah; and
(b) have a need that meets the requirements of this section.
(8)
(a) A business that receives compensation or a loan from the fund shall be in good standing with the State Tax Commission and Department of Commerce.
(b) The State Tax Commission and Department of Commerce may charge a business described in Subsection (8)(a) a nominal fee to obtain a certificate of good standing to meet the requirements under this section.
(9)
(a) The fund may not duplicate or supplant a service or support mechanism provided to an individual or business by another government entity or private agency.
(b) The fund may supplement a service or support mechanism provided to an individual or business by another government entity or private agency, if the service or support mechanism does not fully cover the cost of the individual's or business's property loss.
(10) Administrative and operating expenses for the fund shall be paid from the fund.
(11) The executive director may expend up to 4% of the revenues of the fund, including any appropriations to the fund, for administrative expenses.
(12) A business located at parcel record number 15-26-326-016-0000 is not eligible to receive compensation for property loss as a direct result of the presence of a homeless services facility.
(13) The office shall:
(a) administer the loan program, including:
(i) in each calendar year that money is available from the fund for distribution by the office, announcing, at least once in that year, a loan application period by sending notice to interested persons;
(ii) accepting applications received in a timely manner;
(iii) reviewing loan applications;
(iv) determining eligibility in accordance with this section; and
(v) distributing loan money to an approved loan recipient; and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to administer the program, including:
(i) loan application requirements;
(ii) procedures to approve a loan;
(iii) procedures for distributing money to loan recipients;
(iv) criteria for confirming the amount of property loss; and
(v) criteria prioritizing disbursements in the event of limited funds.
(14) The office may do any act necessary or convenient to the exercise of the powers granted by this part or reasonably implied from those granted powers, including:
(a) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the servicing of loans made by the fund;
(b) make or execute contracts and other instruments necessary or convenient for the performance of the office's duties and exercise of the office's powers and functions under this part, including contracts or agreements for the servicing and originating of loans; and
(c) selling, at a public or private sale, with public bidding, an obligation held by the fund.
(15) Any money returned to the department under this section from a person that received a loan from the fund shall be deposited into the fund.
(1) There is created a restricted account within the General Fund known as the "Pamela Atkinson Homeless Account."
(2) Private contributions received under this section and Section 59-10-1306 shall be deposited into the restricted account to be used only for programs described in this chapter.
(3) Money shall be appropriated from the restricted account to the board in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.
(4) The board may accept transfers, grants, gifts, bequests, or money made available from any source to implement this part.
(1) The board may award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform Restricted Account created in Section 35A-16-303.
(2) As a condition of receiving money, including any ongoing money, from the restricted account, an entity awarded a grant or contract under this section shall provide detailed and accurate reporting on at least an annual basis to the board and the coordinator that describes:
(a) how money provided from the restricted account has been spent by the entity; and
(b) the progress towards measurable outcome-based benchmarks agreed to between the entity and the board before the awarding of the grant or contract.
(3) In determining the awarding of a grant or contract under this section, the board and the coordinator shall:
(a) ensure that the services to be provided through the grant or contract will be provided in a cost-effective manner;
(b) give priority to a project or contract that will include significant additional or matching funds from a private organization, nonprofit organization, or local government entity;
(c) ensure that the project or contract will target the distinct housing needs of one or more at-risk or homeless subpopulations, which may include:
(i) families with children;
(ii) transitional-aged youth;
(iii) single men or single women;
(iv) veterans;
(v) victims of domestic violence;
(vi) individuals with behavioral health disorders, including mental health or substance use disorders;
(vii) individuals who are medically frail or terminally ill;
(viii) individuals exiting prison or jail; or
(ix) individuals who are homeless without shelter; and
(d) consider whether the project will address one or more of the following goals:
(i) diverting homeless or imminently homeless individuals and families from emergency shelters by providing better housing-based solutions;
(ii) meeting the basic needs of homeless individuals and families in crisis;
(iii) providing homeless individuals and families with needed stabilization services;
(iv) decreasing the state's homeless rate;
(v) implementing a coordinated entry system with consistent assessment tools to provide appropriate and timely access to services for homeless individuals and families;
(vi) providing access to caseworkers or other individualized support for homeless individuals and families;
(vii) encouraging employment and increased financial stability for individuals and families being diverted from or exiting homelessness;
(viii) creating additional affordable housing for state residents;
(ix) providing services and support to prevent homelessness among at-risk individuals and adults;
(x) providing services and support to prevent homelessness among at-risk children, adolescents, and young adults;
(xi) preventing the reoccurrence of homelessness among individuals and families exiting homelessness; and
(xii) providing medical respite care for homeless individuals where the homeless individuals can access medical care and other supportive services.
(4) In addition to the other provisions of this section, in determining the awarding of a grant or contract under this section to design, build, create, or renovate a facility that will provide shelter or other resources for the homeless, the board, with the concurrence of the coordinator, may consider whether the facility will be:
(a) located near mass transit services;
(b) located in an area that meets or will meet all zoning regulations before a final dispersal of funds;
(c) safe and welcoming both for individuals using the facility and for members of the surrounding community; and
(d) located in an area with access to employment, job training, and positive activities.
(5) In accordance with Subsection (4), and subject to the approval of the board, with the concurrence of the coordinator, the following may recommend a site location, acquire a site location, and hold title to real property, buildings, fixtures, and appurtenances of a facility that provides or will provide shelter or other resources for the homeless:
(a) the county executive of a county of the first class on behalf of the county of the first class, if the facility is or will be located in the county of the first class in a location other than Salt Lake City;
(b) the state;
(c) a nonprofit entity approved by the board, with the concurrence of the coordinator; and
(d) a mayor of a municipality on behalf of the municipality where a facility is or will be located.
(6)
(a) If a homeless shelter commits to provide any amount of matching funds under this Subsection (6), the board, with the concurrence of the coordinator, may award a grant for the ongoing operations of the homeless shelter.
(b) In awarding a grant under this Subsection (6), the board, with the concurrence of the coordinator, shall consider:
(i) the number of beds available at the homeless shelter;
(ii) the number and quality of the homeless services provided by the homeless shelter; and
(iii) the amount of matching funds provided by the homeless shelter.
(7)
(a) To meet the goals described in Subsection (3), the office may expend money from the restricted account to provide individuals experiencing homelessness transportation costs to connect the individual with a support network outside of the state.
(b) A service provider that applies for a grant award for the purposes described under Subsection (7)(a) shall provide the office with a detailed report that includes:
(i) the name and address of the person to provide support services for the individual experiencing homelessness; and
(ii) the transportation costs that the individual experiencing homelessness may require.
(8) The office may expend money from the restricted account to offset actual office and board expenses related to administering this section.
(1) There is created a restricted account within the General Fund known as the Homeless to Housing Reform Restricted Account.
(2) The restricted account shall be administered by the office for the purposes described in Section 35A-16-302.
(3) The state treasurer shall invest the money in the restricted account according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that interest and other earnings derived from the restricted account shall be deposited into the restricted account.
(4) The restricted account shall be funded by:
(a) appropriations made to the account by the Legislature; and
(b) private donations, grants, gifts, bequests, or money made available from any other source to implement this section and Section 35A-16-302.
(5) Subject to appropriation, the coordinator shall use restricted account money as described in Section 35A-16-302.
As used in this part:
(1) "Account" means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402.
(2) "Authorized provider" means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary emergency shelter within the municipality.
(3) "Eligible municipality" means:
(a) a first-tier eligible municipality;
(b) a second-tier eligible municipality; or
(c) a third-tier eligible municipality.
(4) "Eligible services" means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) "Eligible shelter" means:
(a) for a first-tier eligible municipality, a homeless shelter that:
(i) has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office;
(ii) operates year-round; and
(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation;
(b) for a second-tier municipality, a homeless shelter that:
(i) has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office;
(ii) operates year-round; and
(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation;
(c) an eligible shelter under Subsection (5)(a) or (b), if the homeless shelter operates for more than 365 continuous days, regardless of whether the homeless shelter is intended to operate as an emergency shelter, as long as the homeless shelter meets the requirements of an eligible shelter defined in Subsection (5)(a) or (b); and
(d) for a third-tier eligible municipality, a homeless shelter that:
(i) has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and
(ii) operates for no less than three months during the period beginning October 1 and ending April 30 of the following year.
(6) "Homeless shelter" means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness.
(7) "Municipality" means a city or town.
(8) "Public safety services" means law enforcement, emergency medical services, or fire protection.
(9) "Third-tier eligible municipality" means a municipality that:
(a) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; and
(b) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services.
(1) There is created a restricted account within the General Fund known as the Homeless Shelter Cities Mitigation Restricted Account.
(2) The account shall be funded by:
(a) local sales and use tax revenue deposited into the account in accordance with Section 59-12-205;
(b) interest earned on the account; and
(c) appropriations made to the account by the Legislature.
(3) The office shall administer the account.
(4)
(a) Subject to appropriations, the office shall annually disburse funds from the account as follows:
(i) 87.5% shall be disbursed to first-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403, of which:
(A) 70% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality, as determined by the office;
(B) 20% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality as compared to the total population of the municipality, as determined by the office; and
(C) 10% of the amount described in Subsection (4)(a)(i) shall be disbursed proportionately among applicants based on the total year-round capacity of all eligible shelters within each municipality, as determined by the office;
(ii) 2.5% shall be disbursed to second-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403, of which:
(A) 70% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality, as determined by the office;
(B) 20% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total number of individuals experiencing homelessness who are served by eligible shelters within each municipality as compared to the total population of the municipality, as determined by the office; and
(C) 10% of the amount described in Subsection (4)(a)(ii) shall be disbursed proportionately among applicants based on the total year-round capacity of all eligible shelters within each municipality, as determined by the office; and
(iii) 10% shall be disbursed to third-tier eligible municipalities that have been approved to receive account funds under Section 35A-16-403, in accordance with a formula established by the office and approved by the board.
(b) In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the maximum amount of funds that the office may disburse each year to a single second-tier municipality may not exceed 50% of the total amount of funds disbursed under Subsection (4)(a)(ii).
(c) The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider of a third-tier eligible municipality.
(d) The office may disburse funds to a third-tier municipality or an authorized provider under Subsection (4)(a)(iii) regardless of whether the municipality receives funds under Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection (4)(a)(ii) as a second-tier municipality.
(e) If any account funds are available to the office for disbursement under this section after making the disbursements required in Subsection (4)(a), the office may disburse the available account funds to third-tier municipalities that have been approved to receive account funds under Section 35A-16-403.
(f)
(i) Notwithstanding any other provision in this section, if an eligible municipality requests account funds under Section 35A-16-403 and the request is denied for the sole reason that the municipality has failed to comply with the requirements of Subsection 35A-16-403(2)(g)(i), the office may disburse the account funds that the municipality would otherwise have received to:
(A) eligible municipalities in accordance with the provisions of this Subsection (4); or
(B) subject to Subsection (4)(f)(ii), the Department of Public Safety.
(ii)
(A) The office may not disburse account funds to the Department of Public Safety under Subsection (4)(f)(i) unless the disbursement is recommended and approved by the board.
(B) The Department of Public Safety shall use any account funds received under Subsection (4)(f)(i) to assist in the enforcement of state laws that promote the safety or well-being of individuals experiencing homelessness.
(5) In disbursing account funds to municipalities under Subsection (4), the office may not consider the capacity of an eligible shelter to qualify a municipality for multiple tiers of funding.
(6) The office may use up to 2.75% of any appropriations made to the account by the Legislature to offset the office's administrative expenses under this part.
(7) In accordance with Section 63J-1-602.1, appropriations from the account are nonlapsing.
(8) The office may disburse any uncommitted account funds to municipalities under this section in the following year.
(1) An eligible municipality may apply for account funds to mitigate the impacts of the location of an eligible shelter through the provision of eligible services within the eligible municipality's boundaries.
(2)
(a) The board shall set aside time on the agenda of a board meeting that occurs before the beginning of the next fiscal year to allow an eligible municipality to present a request for account funds for that next fiscal year.
(b) An eligible municipality may present a request for account funds by:
(i) sending an electronic copy of the request to the board before the meeting; and
(ii) appearing at the meeting to present the request.
(c) The request described in Subsection (2)(b)(i) shall contain:
(i) a proposal outlining the need for eligible services, including a description of each eligible service for which the eligible municipality requests account funds;
(ii) a description of the eligible municipality's proposed use of account funds;
(iii) a description of the outcomes that the funding would be used to achieve, including indicators that would be used to measure progress toward the specified outcomes;
(iv) the amount of account funds requested; and
(v) results from the previous fiscal year, including:
(A) a summary of the amount of account funds that the eligible municipality expended and the eligible municipality's specific use of those funds;
(B) an evaluation of the eligible municipality's effectiveness in using the account funds to address the eligible municipality's needs due to the location of an eligible shelter;
(C) an evaluation of the eligible municipality's progress regarding the outcomes and indicators described in Subsection (2)(c)(iii); and
(D) any proposals for improving the eligible municipality's effectiveness in using account funds that the eligible municipality may receive in future fiscal years.
(d) The board may request additional information as needed to make the evaluation described in Subsection (2)(e).
(e) The board shall evaluate a request made in accordance with this Subsection (2) and may take the following factors into consideration in determining whether to approve or deny the request:
(i) the strength of the proposal that the eligible municipality provided to support the request;
(ii) if the eligible municipality received account funds during the previous fiscal year, the efficiency with which the eligible municipality used any account funds during the previous fiscal year;
(iii) the availability of funding for the eligible municipality under Subsection 35A-16-402(4); and
(iv) any other considerations identified by the board.
(f) After making the evaluation described in Subsection (2)(e), and subject to Subsection (2)(g), the board shall vote to either approve or deny an eligible municipality's request for account funds.
(g)
(i) In addition to the evaluation under Subsection (2)(e), the board may not approve an eligible municipality's request to receive account funds under this section unless the eligible municipality:
(A) enforces an ordinance that prohibits camping; and
(B) enforces an ordinance or other applicable state law prohibiting conduct that:
(I) impedes or blocks traffic in violation of Subsection 41-6a-1009(4); or
(II) impedes sidewalks and building entrances in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
(ii) In determining whether an eligible municipality has demonstrated compliance under Subsection (2)(g)(i), the board shall consider:
(A) the specific measures taken by the municipality to enforce an ordinance or other applicable state law prohibiting the conduct described in Subsection (2)(g)(i), and the effectiveness of those measures in mitigating the conduct;
(B) the strategies utilized by the municipality in managing and improving public spaces within the municipality, and the impact of these strategies on safety, cleanliness, and the well-being of the community; and
(C) the gap between the number of individuals experiencing homelessness within the municipality and the availability of beds at homeless shelters to which the individuals experiencing homelessness have reasonable access, and any changes to this gap over time.
(iii) The board shall coordinate with the Department of Public Safety for the receipt of quantitative and qualitative data to determine compliance with applicable state and local laws.
(iv) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and with the approval of the board, the office shall make rules establishing standards for the information required by an eligible municipality to demonstrate compliance under Subsection (2)(g)(i).
(h) If the board approves an eligible municipality's request to receive account funds under Subsection (2)(f), the office, subject to appropriation, shall calculate the amount of funds for disbursement to the eligible municipality under Subsection 35A-16-402(4).
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules governing the process for calculating the amount of funds that an eligible municipality may receive under Subsection 35A-16-402(4).
On or before October 1 of each year, the office shall:
(1) certify the municipalities that meet the requirements of a first-tier eligible municipality or a second-tier eligible municipality as of July 1; and
(2) provide a list of the municipalities that the office has certified as meeting the requirements of a first-tier eligible municipality or a second-tier eligible municipality for the year to the State Tax Commission.
On or before October 1 of each year, the office shall provide the following information to the State Tax Commission:
(1) a list of the municipalities that the office:
(a) has not certified as an eligible municipality in accordance with Section 35A-16-404; and
(b) determines to have a homeless shelter located within the municipality's geographic boundaries; and
(2) the number of beds available at all homeless shelters located within each municipality described in Subsection (1).
As used in this part:
(1) "Applicable county" means a county of the first or second class.
(2) "Applicable local homeless council" means the local homeless council that is responsible for coordinating homeless response within an applicable county.
(3) "Board" means the Utah Homeless Services Board created in Section 35A-16-204.
(4) "Capacity limit" means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit.
(5) "Chief executive officer" means the same as that term is defined in Section 11-51-102.
(6) "Community location" means the same as that term is defined in Section 10-8-41.6.
(7) "Conference of mayors" means an association consisting of the mayor of each municipality located within a county.
(8) "Council of governments" means the same as that term is defined in Section 72-2-117.5.
(9) "County winter response task force" or "task force" means a task force described in Section 35A-16-501.5.
(10) "Homeless shelter" means a facility that:
(a) provides temporary shelter to individuals experiencing homelessness;
(b) operates year-round; and
(c) is not subject to restrictions that limit the hours, days, weeks, or months of operation.
(11) "Municipality" means a city or town.
(12) "State facility" means the same as that term is defined in Section 63A-5b-1001.
(13) "Subsequent winter response period" means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section 35A-16-502.
(14) "Targeted winter response bed count" means the targeted bed count number for an applicable county during the winter response period, as determined jointly by the applicable local homeless council and the office.
(15) "Temporary winter response shelter" means a facility that:
(a) provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and
(b) does not operate year-round.
(16) "Winter response period" means the period beginning October 15 and ending April 30 of the following year.
(17) "Winter response plan" means the plan described in Section 35A-16-502.
(1) The council of governments of each applicable county shall annually convene a county winter response task force to advise and provide recommendations to the board concerning the needs of homeless individuals during a winter response period, including recommendations for site selection of a temporary winter response shelter.
(2)
(a) The task force for Salt Lake County shall consist of the following 14 voting members:
(i) the chief executive officer of Salt Lake County, or the chief executive officer's designee;
(ii) the chief executive officer, or the chief executive officer's designee, of each of the following 11 municipalities:
(A) Draper;
(B) Midvale;
(C) Millcreek;
(D) Murray;
(E) Salt Lake City;
(F) Sandy;
(G) South Jordan;
(H) South Salt Lake;
(I) Taylorsville;
(J) West Jordan; and
(K) West Valley City; and
(iii) the chief executive officer, or the chief executive officer's designee, of any two municipalities located in Salt Lake County that are not described in Subsection (2)(a)(ii), appointed by the conference of mayors of Salt Lake County.
(b) A task force for an applicable county not described in Subsection (2)(a) shall consist of the following voting members:
(i) an officer of the applicable county nominated by the county governing body; and
(ii) the chief executive officer, or the chief executive officer's designee, of a number of municipalities located in the applicable county that the conference of mayors of the applicable county considers to be appropriate, appointed by the conference of mayors of the applicable county.
(3) In addition to the voting members required in Subsection (2), a task force shall include the following nonvoting members:
(a) the coordinator, or the coordinator's designee;
(b) one representative of the Utah Association of Counties, appointed by the Utah Association of Counties, or the representative's designee;
(c) one individual experiencing homelessness or having previously experienced homelessness, appointed by the voting members of the task force;
(d) two representatives of the applicable local homeless council, appointed by the voting members of the task force;
(e) one representative from a local public safety entity appointed by the voting members of the task force; and
(f) any other individual appointed by the council of governments of the applicable county.
(4)
(a) Any vacancy on a task force shall be filled in the same manner as the appointment of the member whose vacancy is being filled.
(b) Each member of a task force shall serve until a successor is appointed.
(5) A majority of the voting members of a task force constitutes a quorum and may act on behalf of the task force.
(6) A task force shall:
(a) select officers from the task force's members as the task force finds necessary; and
(b) meet as necessary to effectively conduct the task force's business and duties as prescribed by statute.
(7) A task force may establish one or more working groups as is deemed appropriate to assist on specific issues related to the task force's duties.
(8)
(a) A task force member may not receive compensation or benefits for the task force member's service.
(b) A task force member may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
(9) The applicable county for which a task force is convened shall provide administrative support to the task force.
(10) Meetings of the task force are not subject to Title 52, Chapter 4, Open and Public Meetings Act.
(1)
(a) The task force for an applicable county that is a county of the first class shall annually prepare and submit to the office a winter response plan on or before August 1 in calendar years 2023, 2024, and 2025.
(b) Except as provided in Subsection (3), the task force for an applicable county not described in Subsection (1)(a) shall annually prepare and submit to the office a winter response plan on or before August 1 in calendar years 2024 and 2025.
(2) The winter response plan shall:
(a) provide assurances to the office that the applicable county will meet the applicable county's targeted winter response plan or other accommodations during the subsequent winter response period by establishing plans for the requisite need during the subsequent winter response period;
(b) ensure that any temporary winter response shelter planned for operation within the applicable county will meet all local zoning requirements;
(c) include a detailed transportation plan, budget, revenue sources, including in-kind sources, and any other component specified by the office under Subsection (3) as a requirement for the applicable county to achieve compliance with this section;
(d) include a detailed county plan for a code blue event as defined in Section 35A-16-701, including the number and location of available beds for individuals experiencing homelessness for the duration of the code blue event; and
(e) be approved by the chief executive officer of:
(i) any municipality located within the applicable county in which a temporary winter response shelter is planned for operation during the subsequent winter response period; and
(ii) the applicable county, if a temporary winter response shelter is planned for operation within an unincorporated area of the county.
(3) The requirements of Subsection (1)(b) do not apply to an applicable county if:
(a) on or before August 1, 2024, the applicable county submits to the office:
(i) documentation demonstrating that the applicable county is developing a plan to address the needs of individuals experiencing homelessness within the county throughout the entire year, as opposed to only during the winter response period; and
(ii) a county plan for a code blue event as described in Subsection (2)(d);
(b) on or before August 1, 2025, the applicable county submits to the office the year-round plan developed under Subsection (3)(a)(i); and
(c) the office determines that the applicable county's year-round plan meets the requirements of a winter response plan as described in Subsection (2) for the entire year.
(4) To assist a task force in preparing a winter response plan, by no later than March 30 of the year in which the winter response plan is due, the applicable local homeless council, in coordination with the office, shall provide the following information to the task force:
(a) the targeted winter response bed count;
(b) the requirements for the plan described in Subsection (2)(d);
(c) the availability of funds that can be used to mitigate the winter response plan; and
(d) any component required for the winter response plan to achieve compliance that is not described in Subsection (2).
(5) In preparing the winter response plan, the task force shall coordinate with:
(a) the office;
(b) the applicable local homeless council;
(c) for Salt Lake County, the conference of mayors for Salt Lake County; and
(d) for an applicable county not described in Subsection (5)(c), the council of governments for the applicable county.
(6) In conducting site selection for a temporary winter response shelter under a winter response plan, the task force shall:
(a) utilize objective data to prioritize locations, including:
(i) point in time count data for the applicable county; and
(ii) blind reviews of possible facilities based on proximity to mass transit, transportation costs, and necessary facility updates; and
(b) prioritize:
(i) a site located more than one mile from any homeless shelter;
(ii) a site located more than one mile from any permanent supportive housing, as verified by the office; and
(iii) a site located in a municipality or unincorporated area of the applicable county that does not have a homeless shelter.
(7)
(a) On or before August 15 of the year in which a winter response plan is submitted, the office shall:
(i) conduct a review of the winter response plan for compliance with this section; and
(ii) send a written notice of the office's determination regarding compliance to the task force for the applicable county.
(b) For purposes of Section 35A-16-502.5, an applicable county is in noncompliance with this section if:
(i) the applicable county's task force fails to submit a timely winter response plan under this section; or
(ii) the office determines that the winter response plan prepared for the applicable county does not comply with this section.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office may make rules establishing requirements for an applicable county's compliance with this section.
(1) This section applies to an applicable county that is in noncompliance with Section 35A-16-502.
(2) Subject to Subsection (3), the following provisions apply within the applicable county during the subsequent winter response period:
(a) the office may authorize:
(i) the expansion of a homeless shelter's capacity limit by up to 25%; and
(ii) the operation of one or more temporary winter response shelters; and
(b) the applicable county, and any municipality located within the applicable county, may not enact or enforce an ordinance or otherwise take any action that limits or restricts the office's authority under Subsection (2)(a).
(3)
(a) The office may not authorize the expansion of a homeless shelter's capacity under Subsection (2)(a) unless:
(i) the homeless shelter is in compliance with the applicable building code and fire code; and
(ii) the fire code official approves the layout of the homeless shelter.
(b) In authorizing the operation of a temporary winter response shelter under Subsection (2)(a), the office:
(i) may not authorize the siting of a temporary winter response shelter within a three-fourths mile radius of any homeless shelter; and
(ii) shall consider:
(A) a site located more than 500 feet from any community location;
(B) a site located in a municipality in which a homeless shelter is not located;
(C) the locations of permanent supportive housing;
(D) authorizing the operation of a temporary winter response shelter before authorizing the expansion of a homeless shelter's capacity limit;
(E) the potential impacts of a temporary winter response shelter on community locations; and
(F) any recommendations included in the applicable county's winter response plan, regardless of the office's determination of noncompliance.
(4) A temporary winter response shelter authorized by the office under this section may not be converted into a permanent facility after April 15, 2026, without the consent of the municipality in which the facility is located.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules governing:
(1) the submission of a winter response plan under Subsection 35A-16-502(1);
(2) the review of a winter response plan for purposes of determining compliance under Subsection 35A-16-502(4);
(3) the process of sending a notice of noncompliance under Subsection 35A-16-502(6); and
(4) the location, establishment, and operation of a temporary winter response shelter under Section 35A-16-502.
As used in this part:
(1) "Affected county" means a county of the first, second, third, or fourth class in which a code blue event is anticipated.
(2) "Applicable local homeless council" means the local homeless council that is responsible for coordinating homeless response within an affected county.
(3) "Capacity limit" means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit.
(4) "Code blue alert" means a proclamation issued by the Department of Health and Human Services under Section 35A-16-702 to alert the public of a code blue event.
(5) "Code blue event" means a weather event in which the National Weather Service predicts temperatures of 18 degrees Fahrenheit or less, including wind chill, or any other extreme weather conditions established in rules made by the Department of Health and Human Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or fourth class for two hours or longer within the next 24 to 48 hours.
(6) "Homeless shelter" means a facility that provides temporary shelter to individuals experiencing homelessness.
(7) "Municipality" means a city or town.
(1) The Department of Health and Human Services shall:
(a) monitor and evaluate forecasts and advisories produced by the National Weather Service;
(b) issue a code blue alert under this section if the Department of Health and Human Services identifies a code blue event; and
(c) disseminate the code blue alert to:
(i) the public at large;
(ii) homeless shelters located within an affected county;
(iii) local government entities located within an affected county;
(iv) the office; and
(v) any other relevant public or private entities that provide services to individuals experiencing homelessness within an affected county.
(2) The code blue alert shall:
(a) identify each affected county;
(b) specify the duration of the code blue alert;
(c) describe the provisions that take effect for the duration of the code blue alert as described in Section 35A-16-703; and
(d) include the information prepared by the office under Subsection (3).
(3)
(a) The office shall prepare and regularly update information to assist individuals experiencing homelessness during a code blue event, including:
(i) the location and availability of homeless shelters and other community resources and services for individuals experiencing homelessness;
(ii) information regarding public safety and emergency services; and
(iii) any other information considered relevant by the office.
(b) The office shall submit to the Department of Health and Human Services the information prepared and updated under Subsection (3)(a).
(4)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Health and Human Services, in coordination with the office, shall make rules to implement this section.
(b) The rules under Subsection (4)(a) shall:
(i) establish any extreme weather conditions that warrant the issuance of a code blue alert; and
(ii) establish standards for:
(A) monitoring and evaluating National Weather Service forecasts and advisories to identify code blue events;
(B) issuing code blue alerts under this section, including the form, content, and dissemination of code blue alerts;
(C) the provisions that take effect within an affected county for the duration of a code blue alert under Section 35A-16-703; and
(D) coordinating with the office to receive the information described in Subsection (3).
(5) Nothing in this section prohibits a municipality from implementing emergency plans or other measures to assist individuals experiencing homelessness at times when environmental conditions present a substantial threat to the health or safety of individuals experiencing homelessness, provided that the emergency plans or other measures implemented by the municipality do not conflict with any applicable provisions that take effect during a code blue event in accordance with Section 35A-16-703.
Subject to rules made by the Department of Health and Human Services under Subsection 35A-16-702(4), the following provisions take effect within an affected county for the duration of a code blue alert:
(1) a homeless shelter may expand the homeless shelter's capacity limit by up to 35% to provide temporary shelter to any number of individuals experiencing homelessness, so long as the homeless shelter is in compliance with the applicable building code and fire code;
(2) a homeless shelter, in coordination with the applicable local homeless council, shall implement expedited intake procedures for individuals experiencing homelessness who request access to the homeless shelter;
(3) a homeless shelter may not deny temporary shelter to any individual experiencing homelessness who requests access to the homeless shelter for temporary shelter unless the homeless shelter is at the capacity limit described in Subsection (1) or if a reasonable individual would conclude that the individual presents a danger to public safety;
(4) any indoor facility owned by a private organization, nonprofit organization, state government entity, or local government entity may be used to provide temporary shelter to individuals experiencing homelessness and is exempt from the licensure requirements of Title 26B, Chapter 2, Licensing and Certifications, for the duration of the code blue alert and seven days following the day on which the code blue alert ends, so long as the facility is in compliance with the applicable building code and fire code and the governing body of the organization or the legislative body of the government entity that owns the facility approves the use;
(5) homeless shelters, state and local government entities, and other organizations that provide services to individuals experiencing homelessness may coordinate street outreach efforts to distribute to individuals experiencing homelessness any available resources for survival in cold weather, including clothing items and blankets;
(6) a state or local government entity, including a municipality, law enforcement agency, and local health department, may enforce a camping ordinance but may not seize from individuals experiencing homelessness any personal items for survival in cold weather, including clothing, blankets, tents, and sleeping bags; and
(7) a municipality or other local government entity may not enforce any ordinance or policy that limits or restricts the ability for the provisions described in Subsections (1) through (5) to take effect, including local zoning ordinances.
(1) As used in this part:
(a) "Pathway to human thriving" means the framework by which homeless services offered and administered in the state are designed to assist individuals experiencing homelessness, including measurable services that assist in an individual's progress from past trauma and personal struggles to personal healing, transformation, and thriving.
(b) "Struggling" means an individual who is experiencing homelessness is unable to meet the individual's basic needs, including food and shelter, and who may be experiencing trauma or other barriers in securing and maintaining stable housing with or without the assistance of supportive services.
(c) "Surviving" means an individual who is experiencing homelessness is able to secure the individual's basic needs, including food and shelter, including temporary shelter, by relying upon supportive services.
(d) "Thriving" means an individual who experienced homelessness is able to secure and support the individual's basic needs, including food and shelter and who is actively engaged in personal development and is experiencing a sense of purpose and fulfillment.
(2) A service provider may design and administer a homeless services program that recognizes a homeless individual's pathway to human thriving, as provided in Section 35A-16-205.
(3) The services described in Subsection (2) may include evidence-based and measurable services to assist in a client's progress and transition along the pathway of human thriving.
(4) A service provider may directly measure, or work with a caseworker to measure, the progress and transition described in Subsection (3) in areas that include:
(a) education, employment, and income;
(b) housing;
(c) legal rights and emergency services;
(d) mental health;
(e) physical health and daily living;
(f) social relationships and personal fulfillment; and
(g) substance abuse.
(5) In providing an individual experiencing homelessness with the services described in this part, the service provider shall make the service provider's best effort to preserve the individual's ability to thrive and capacity for growth.
(1) As used in this part:
(a) "Homeless shelter" means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness.
(b) "Homeless shelter" includes a temporary winter response shelter, as that term is defined in Section 35A-16-501.
(2) To ensure the safety and well-being of homeless shelter residents and staff, and the surrounding communities, a service provider of a homeless shelter that receives state or federal funding shall have a client agreement that clearly states the service provider's policies and procedures to:
(a) maintain a zero-tolerance policy within the premises of the homeless shelter on the use, possession, or distribution of an illegal drug;
(b) develop and implement bag check procedures at points of entry and regular searches of personal belongings to ensure the premises of the homeless shelter remain free from prohibited items, including illegal drugs and weapons; and
(c) cooperate with law enforcement, including:
(i) providing an employee of a law enforcement agency access to the premises to conduct checks for illegal drugs using trained K9 units, based upon reasonable suspicion as determined by the local law enforcement agency; or
(ii) providing a client's name and identifying information to an employee of a law enforcement agency to the extent the disclosure is:
(A) necessary to avoid a significant risk to public safety;
(B) in aid of an ongoing investigation; or
(C) as required by state or federal law.
(3) A service provider that refuses to comply with this section may be assessed a penalty, including a fine, suspension of funding, or other penalties that may be assessed by the board, or as provided for in state or federal law.
(1) As used in this part:
(a) "Client" means the same at that term is defined in Section 35A-16-102.
(b) "Complainant" means a person who initiates a complaint with the ombudsman.
(c) "Complaint" means a complaint regarding an act or omission by a service provider with respect to a particular client.
(d) "Office" means the Office of Homeless Services described in Chapter 16, Part 2, Office of Homeless Services.
(e) "Ombudsman" means the homeless services provider ombudsman appointed under this section.
(f) "Service provider" means the same as that term is defined in Section 35A-16-102.
(2)
(a) There is created within the office the position of homeless services provider ombudsman to investigate complaints made against service providers by or on behalf of individuals experiencing homelessness.
(b) The executive director of the department shall:
(i) appoint an ombudsman who has:
(A) recognized executive and administrative capacity; and
(B) experience in human welfare, and in state laws and policies governing vulnerable populations; and
(ii) select the ombudsman solely with regard to qualifications and fitness to discharge the duties of the ombudsman.
(c) The ombudsman shall:
(i) serve at the pleasure of the executive director of the department; and
(ii) devote full-time to the duties described in this part.
(1) The ombudsman shall:
(a) provide training and information to public agencies, private entities, individuals, service providers, and other interested parties across the state regarding:
(i) the role and duties of the ombudsman;
(ii) the rights and privileges of an individual experiencing homelessness;
(iii) services available in the state to an individual experiencing homelessness; and
(iv) how to submit a complaint; and
(b) develop a website to provide the information described in this Subsection (1) in a form that is easily accessible.
(2) The ombudsman may:
(a) decline to investigate a complaint or continue an investigation of a complaint;
(b) conduct an investigation on the ombudsman's own initiative;
(c) conduct further investigation upon the request of the complainant; or
(d) recommend that a complainant pursue other available remedies before pursuing a complaint with the ombudsman.
(3)
(a) A service provider shall display an ombudsman program information poster containing the information described in Subsection (1) in a location that is easily visible to all clients, volunteers, and staff members.
(b) The office is responsible for providing the posters, which shall include a phone number and a link to the website described in Subsection (1)(b).
(4) After the ombudsman receives a complaint, the ombudsman shall notify the complainant and the office:
(a) whether the ombudsman will investigate the complaint; and
(b) if the ombudsman decides not to investigate the complaint, the reason for the decision.
(5)
(a) If the ombudsman decides to investigate a complaint, the ombudsman shall determine whether a service provider's act or omission with respect to a particular client:
(i) is contrary to state or federal law;
(ii) places a client's health or safety at risk;
(iii) is made without an adequate statement of reason; or
(iv) is based on irrelevant, immaterial, or erroneous grounds.
(b) If the ombudsman determines, after completing the investigation described in Subsection (5)(a), that a service provider's act or omission violates state or federal law, the ombudsman shall:
(i) prepare a written report of the findings and recommendations, as described in Subsection (6), if any, of each investigation;
(ii) provide a copy of the report to the claimant; and
(iii) provide a copy of the report and recommendations, if any, to the office and the appropriate county or district attorney or the attorney general.
(6) The ombudsman may make recommendations to the office to consider:
(a) policies or procedures that may need to be addressed, modified, or canceled; or
(b) any other recommendations necessary to carry out the purposes of this part.
(7)
(a) On or before October 1 of each year, the ombudsman shall provide a written report to the office for inclusion in the office's annual report described in Section 35A-16-208.
(b) The written report shall include:
(i) the total number of complaints filed with the ombudsman;
(ii) the number of complaints the ombudsman investigated;
(iii) reoccurring themes among complaints, if any; and
(iv) any recommendations described in Subsection (6).
(8)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules to implement this part.
(b) The rules described in Subsection (8)(a) shall include a maximum time within which the ombudsman is required to respond to and complete an investigation of a complaint under Subsections (4) and (5).
(9) Subsection (2)(d) does not prevent a complainant from making a complaint directly with the ombudsman before pursuing any other available remedies provided for in state or federal law.
(1) As used in this part, "municipal consent" means the written approval from a municipality in which a congregate shelter is located to the office and to a service provider for temporary expansion of a congregate shelter's designated bed capacity.
(2) A service provider may expand the capacity limit of a congregate shelter up to 135% of the shelter's designated bed capacity to provide temporary shelter to individuals experiencing homelessness if:
(a) the service provider informs the office of the need to temporarily expand the capacity limit of the shelter;
(b) the service provider requests approval from the municipality in which the congregate shelter is located to expand the shelter's capacity;
(c) the municipality in which the congregate shelter is located provides municipal consent to the service provider and the office; and
(d) the congregate shelter remains in compliance with the applicable state and local building and fire codes.
(3) Municipal consent under this section may include reasonable conditions related to public safety, coordination, or neighborhood mitigation.
(4) The authorization provided under this section does not modify any other applicable licensing, health, or safety requirements.
(5) For purposes of formula distributions made under this chapter, the number of beds operated under Subsection (2) may be counted as tier three beds.
(6) Additional bed capacity authorized under this section may be mitigated using funds appropriated under this chapter as determined in rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(7)
(a) A congregate shelter may not operate at the expanded capacity limit described in Subsection (2) after April 30, 2027.
(b) On or after May 1, 2027, a congregate shelter shall return to the congregate shelter's capacity limit as determined by the congregate shelter's conditional use permit unless otherwise authorized by the relevant municipality.
As used in this section:
(1) "SNAP" means the federal Supplemental Nutrition Assistance Program, 7 U.S.C. Chapter 51.
(2) "SNAP benefit" means a financial benefit, coupon, or privilege available under SNAP.
(3)
(a) "Soft drink" means a nonalcoholic beverage that is made with carbonated water and that is flavored and sweetened with sugar or artificial sweeteners.
(b) "Soft drink" does not include a beverage that contains milk, milk products, soy, rice, or other milk substitutes, or that is greater than 50% vegetable or fruit juice by volume.
(1)
(a) On or before July 1, 2025, the department shall submit a request for a federal waiver to the United States Department of Agriculture, Food and Nutrition Service, to authorize the department to prohibit the use of SNAP benefits for the purchase of soft drinks.
(b) The waiver request described in Subsection (1)(a) shall include:
(i) justification for the waiver, including:
(A) public health concerns;
(B) SNAP's statutory intent; and
(C) cost savings to taxpayers;
(ii) an implementation plan to ensure that existing point-of-sale systems used by Utah retailers are able to enforce the waiver restrictions;
(iii) a strategy for education and outreach to inform SNAP recipients of alternative healthy food options; and
(iv) a mechanism to track the impact of the waiver restrictions on SNAP recipients, including:
(A) spending patterns; and
(B) health outcomes.
(2)
(a) If the waiver under Subsection (1) is approved by Food and Nutrition Services, the department shall implement the SNAP benefits restriction under Subsection (1) no later than six months after the day on which the waiver is granted.
(b) If the waiver under Subsection (1) is denied, the department shall:
(i) resubmit the request for a waiver no later than three months after the day on which the waiver is denied; and
(ii) resubmit the request annually until a waiver approval is granted.
(3)
(a) On or before November 1 of each year, the department shall provide a written report to the Economic Development and Workforce Services Interim Committee detailing:
(i) the status of the waiver request;
(ii) data on SNAP spending patterns in Utah;
(iii) any identified challenges with SNAP; and
(iv) any recommendations for further policy action.
(b) The report described in Subsection (3)(a) shall be included in the department's annual report in accordance with Section 35A-1-109.
The department may not submit a waiver for a work requirement in accordance with 7 U.S.C. Sec. 2015(o)(4) unless the waiver is approved by the Legislature and governor by concurrent resolution.
(1) The department shall determine an individual's eligibility for SNAP benefits in accordance with 7 U.S.C. Ch. 51, Supplemental Nutrition Assistance Program.
(2) Notwithstanding 7 C.F.R. Sec. 273.11(c)(3) and if approved by the United States Department of Agriculture, the department may not prorate or exclude the income, deductions, or financial resources of ineligible aliens in determining the eligibility and the value of the allotment of the household of which the individual is a member.
(1) In accordance with 7 U.S.C. Sec. 2015(f), an individual may not participate in SNAP benefits unless the individual:
(a) is a resident of the United States; and
(b) meets at least one of the following criteria:
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent residence as an immigrant, as defined in 8 U.S.C. Secs. 1101(a)(15) and 1101(a)(20), excluding alien visitors, tourists, diplomats, students, or other individuals admitted temporarily without intent to abandon their residence in a foreign country;
(iii) is an alien who has been granted the status of Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980; or
(iv) is an individual lawfully residing in the United States in accordance with a Compact of Free Association, as referenced in 8 U.S.C. Sec. 1612(b)(2)(G).
(2) The department shall require an individual to provide documentary proof of citizenship or immigration status to determine eligibility.
(3) Acceptable forms of documentary evidence of an individual's citizenship or alien status include:
(a) birth or hospital records;
(b) voter registration cards;
(c) United States passports;
(d) United States Citizenship and Immigration Service documentation; or
(e) electronically available data.
(4) If an individual is unable to provide the documentation described in Subsection (3), the department shall verify the individual's alien status using the Systematic Alien Verification for Entitlements online service during enrollment and eligibility recertification.
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