Utah Code § 63J-5-102 Definitions.
63J-5-102. Definitions.
(1) As used in this chapter:
(a)
(i) "Agency" means a department, division, committee, commission, council, court, or other administrative subunit of the state.
(ii) "Agency" includes:
(A) executive branch entities;
(B) judicial branch entities; and
(C) the State Board of Education.
(iii) "Agency" does not mean higher education institutions or political subdivisions.
(b) "Contingency disclosure and plan" means, with respect to a federal funds reauthorization or new federal funds request, the submitting or requesting agency's:
(i) disclosure of:
(A) the likelihood that the amount or value of the federal funds will be reduced, and how that likelihood changes over time; and
(B) the likelihood that the federal funds will become unavailable, and how that likelihood changes over time;
(ii) explanation of:
(A) whether accepting the federal funds may create an expectation of ongoing funding by any beneficiary of the funds; and
(B) as applicable, how the agency will communicate to stakeholders that services funded by the federal funds may or will be temporary;
(iii) plan for how the agency will:
(A) proceed if the amount or value of the federal funds are unexpectedly reduced in any material degree or amount;
(B) proceed if the federal funds become unavailable unexpectedly;
(C) wind down the program or services funded by the federal funds when the federal funds are exhausted; and
(D) transition any beneficiaries of the funds to a different program or service provider if the agency is unable to continue providing the same program or services due to a decrease or loss of federal funds; and
(iv) designation of the federal funds and the program or purpose for which the funds will be used as either:
(A) mandatory under federal or state law;
(B) high priority; or
(C) low priority.
(c)
(i) "Federal funds" means cash or other money received from the United States government or from other individuals or entities for or on behalf of the United States and deposited with the state treasurer or any agency of the state.
(ii) "Federal funds" includes federal assistance and federal assistance programs, however described.
(d) "Federal funds reauthorization" means:
(i) the formal submission from an agency to the federal government applying for or seeking reauthorization of federal funds which the state is currently receiving;
(ii) the formal submission from an agency to the federal government applying for or seeking reauthorization to participate in a federal program in which the state is currently participating that will result in federal funds being transferred to an agency; or
(iii) that period after the first year of a previously authorized and awarded grant or funding award, during which federal funds are disbursed or are scheduled to be disbursed after the first year because the term of the grant or financial award extends for more than one year.
(e)
(i) "Federal funds request summary" means a document detailing:
(A) the amount of money that is being requested or is available to be received by the state from the federal government for each federal funds reauthorization or new federal funds request;
(B) those federal funds reauthorizations and new federal funds requests that are included as part of the agency's proposed budget for the fiscal year, and the amount of those requests;
(C) the amount of new state money, if any, that will be required to receive the federal funds or participate in the federal program;
(D) the number of additional permanent full-time employees, additional permanent part-time employees, or combination of additional permanent full-time employees and additional permanent part-time employees, if any, that the state estimates are needed in order to receive the federal funds or participate in the federal program;
(E) any requirements that the state must meet as a condition for receiving the federal funds or participating in the federal program; and
(F) for each federal funds reauthorization for qualifying federal funds and each new federal funds request for qualifying federal funds, a contingency disclosure and plan, and a state jurisdiction evaluation.
(ii) "Federal funds request summary" includes, if available:
(A) the letter awarding an agency a grant of federal funds or other official documentation awarding an agency a grant of federal funds; and
(B) a document detailing federal maintenance of effort requirements.
(f) "Federal maintenance of effort requirements" means any matching, level of effort, or earmarking requirements, as defined in Office of Management and Budget requirements, that are imposed on an agency as a condition of receiving federal funds.
(g)
(i) "Intergovernmental transfer program" means an existing reimbursement program or category that is authorized by the Medicaid state plan or waiver authority for intergovernmental transfers.
(ii) "Intergovernmental transfer program" does not include the addition of a provider to an existing intergovernmental transfer program.
(h) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(i) "New federal funds" means:
(i) federal assistance or other federal funds that are available from the federal government that:
(A) the state is not currently receiving; or
(B) exceed the federal funds amount most recently approved by the Legislature by more than 25% for a federal grant or program in which the state is currently participating;
(ii) a federal assistance program or other federal program in which the state is not currently participating; or
(iii) a one-time TANF request.
(j) "New federal funds request" means:
(i) the formal submission from an agency to the federal government:
(A) applying for or otherwise seeking to obtain new federal funds; or
(B) applying for or seeking to participate in a new federal program that will result in federal funds being transferred to an agency; or
(ii) a one-time TANF request.
(k)
(i) "New state money" means money, whether specifically appropriated by the Legislature or not, that the federal government requires Utah to expend as a condition for receiving the federal funds or participating in the federal program.
(ii) "New state money" includes money expended to meet federal maintenance of effort requirements.
(l) "One-time TANF request" means a proposed expenditure by the Department of Workforce Services from its reserves of federal Temporary Assistance for Needy Families funds:
(i) for a project or program that will last for a fixed amount of time and is not an ongoing project or program of the Department of Workforce Services; and
(ii) that is greater than $1,000,000 over the amount most recently approved by the Legislature.
(m) "Qualifying federal funds" means federal funds that are:
(i) greater than 10% of the receiving entity's annual budget; or
(ii) greater than $2,000,000.
(n) "State" means the state of Utah and all of its agencies, and any administrative subunits of those agencies.
(o) "State jurisdiction evaluation" means:
(i) a disclosure of:
(A) whether accepting the federal funds or participating in the federal program will require the use of state funds or increase the administrative costs of the state or agency;
(B) the extent to which accepting the federal funds or participating in the federal program will impair or impact the exclusive police power jurisdiction of the state to protect or provide for the health, safety, welfare, and morals of the state; and
(C) the extent to which accepting the federal funds or participating in the federal program will impair or impact the jurisdiction of the state over federal areas within the state; and
(ii) to the extent that accepting the federal funds or participating in the federal program will impair or impact the state's jurisdiction as described in Subsection (1)(o)(i)(B) or (C), an identification of the constitutional authority supporting federal assertion of jurisdiction or authority for the funding, program, or an associated regulation or restriction.
(2) When this chapter describes an employee as a "permanent full-time employee" or a "permanent part-time employee," it is not intended to, and may not be construed to, affect the employee's status as an at-will employee.
Amended by Chapter 286, 2024 General Session