(1) As used in this section:

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Terms Used In Utah Code 63J-5-204

  • Agency: includes :
                   (1)(a)(ii)(A) executive branch entities;
                   (1)(a)(ii)(B) judicial branch entities; and
                   (1)(a)(ii)(C) the State Board of Education. See Utah Code 63J-5-102
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Federal funds: includes federal assistance and federal assistance programs, however described. See Utah Code 63J-5-102
  • Federal funds request summary: includes , if available:
                   (1)(e)(ii)(A) the letter awarding an agency a grant of federal funds or other official documentation awarding an agency a grant of federal funds; and
                   (1)(e)(ii)(B) a document detailing federal maintenance of effort requirements. See Utah Code 63J-5-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • New federal funds: means :
              (1)(i)(i) federal assistance or other federal funds that are available from the federal government that:
                   (1)(i)(i)(A) the state is not currently receiving; or
                   (1)(i)(i)(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;
              (1)(i)(ii) a federal assistance program or other federal program in which the state is not currently participating; or
              (1)(i)(iii) a one-time TANF request. See Utah Code 63J-5-102
  • New federal funds request: means :
              (1)(j)(i) the formal submission from an agency to the federal government:
                   (1)(j)(i)(A) applying for or otherwise seeking to obtain new federal funds; or
                   (1)(j)(i)(B) applying for or seeking to participate in a new federal program that will result in federal funds being transferred to an agency; or
              (1)(j)(ii) a one-time TANF request. See Utah Code 63J-5-102
  • New state money: includes money expended to meet federal maintenance of effort requirements. See Utah Code 63J-5-102
  • State: means the state of Utah and all of its agencies, and any administrative subunits of those agencies. See Utah Code 63J-5-102
     (1)(a) “High impact federal funds request” means a new federal funds request that will or could:

          (1)(a)(i) result in the state receiving total payments of $10,000,000 or more per year from the federal government;
          (1)(a)(ii) require the state to add 11 or more permanent full-time employees, 11 or more permanent part-time employees, or combination of permanent full-time and permanent part-time employees equal to 11 or more in order to receive the new federal funds or participate in the new federal program; or
          (1)(a)(iii) require the state to expend more than $1,000,000 of new state money in a fiscal year in order to receive or administer the new federal funds or participate in the new federal program.
     (1)(b) “Medium impact federal funds request” means a new federal funds request that will or could:

          (1)(b)(i) result in the state receiving total payments of more than $1,000,000 but less than $10,000,000 per year from the federal government;
          (1)(b)(ii) require the state to add more than zero but less than 11 permanent full-time employees, more than zero but less than 11 permanent part-time employees, or a combination of permanent full-time employees and permanent part-time employees equal to more than zero but less than 11 in order to receive or administer the new federal funds or participate in the new federal program; or
          (1)(b)(iii) require the state to expend $1 to $1,000,000 of new state money in a fiscal year in order to receive or administer the new federal funds or participate in the new federal program.
(2)

     (2)(a)

          (2)(a)(i) Before obligating the state to accept or receive new federal funds or to participate in a new federal program under a medium impact federal funds request that was not authorized during a legislative session as provided in Section 63J-5-201, an agency shall:

               (2)(a)(i)(A) submit the federal funds request summary to the governor, the Judicial Council, or the State Board of Education, as appropriate, for approval or rejection; and
               (2)(a)(i)(B) if the governor, the Judicial Council, or the State Board of Education approves the new federal funds request, submit the federal funds request summary to the Legislative Executive Appropriations Committee for its review and recommendations.
          (2)(a)(ii) The procedures required under Subsection (2)(a)(i) shall be performed, if possible, before the date that the medium impact funds request is formally submitted, but not later than three months after the date of formal submission.
     (2)(b) The Legislative Executive Appropriations Committee shall review the federal funds request summary and may:

          (2)(b)(i) recommend that the agency accept the new federal funds;
          (2)(b)(ii) recommend that the agency not accept the new federal funds; or
          (2)(b)(iii) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the acceptance of the new federal funds.
(3)

     (3)(a)

          (3)(a)(i) Before obligating the state to accept or receive new federal funds or to participate in a new federal program under a high impact federal funds request that was not authorized during a legislative session as provided in Section 63J-5-201, an agency shall:

               (3)(a)(i)(A) submit the federal funds request summary to the governor, the Judicial Council, or the State Board of Education, as appropriate, for approval or rejection; and
               (3)(a)(i)(B) if the governor, the Judicial Council , or the State Board of Education approves the new federal funds request, submit the federal funds request summary to the Legislature for its approval or rejection in an annual general session or a special session.
          (3)(a)(ii) Except as provided in Subsection (3)(a)(iii), the procedures required under Subsection (3)(a)(i) shall be performed, if possible, before the date that the high impact funds request is formally submitted, but not later than three months after the date of formal submission.
          (3)(a)(iii) For a high impact federal funds request for the Medical Assistance Program, commonly known as Medicaid, or the Children’s Health Insurance Program, the procedures required under Subsection (3)(a)(i) shall be performed, if possible, before the date that the high impact funds request is formally submitted, but not later than the end of the earlier of the next annual general session or special session of the Legislature after the date of formal submission.
     (3)(b)

          (3)(b)(i) If the Legislature approves the new federal funds request, the agency may accept the new federal funds or participate in the new federal program.
          (3)(b)(ii) If the Legislature fails to approve the new federal funds request, the agency may not accept the new federal funds or participate in the new federal program.
(4) If an agency fails to comply with the procedures of this section or fails to obtain the Legislature’s approval:

     (4)(a) the governor, the Judicial Council, or the State Board of Education, as appropriate, may require the agency to withdraw the new federal funds request or refuse or return the new federal funds;
     (4)(b) the Legislature may, if federal law allows, opt out or decline to participate in the new federal program or decline to receive the new federal funds; or
     (4)(c) the Legislature may reduce the agency’s General Fund appropriation in an amount less than, equal to, or greater than the amount of federal funds received by the agency.
(5) If a letter or other official documentation awarding an agency a grant of federal funds is not available to be included in the agency’s federal funds request summary to the governor, the Judicial Council, or the State Board of Education, as appropriate, under this section, the agency shall submit to the governor, the Judicial Council, or the State Board of Education, as appropriate, the letter or other official documentation awarding the agency a grant of federal funds before expending the federal funds granted.

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