State Codes and Statutes
Statutes > Utah > Title-63j > Chapter-05 > 63j-5-20463J-5-204. Legislative review and approval of certain new federal funds requests.
(1) As used in this section:
(a) "High impact federal funds request" means a new federal funds request that will orcould:
(i) result in the state receiving total payments of $10,000,000 or more per year from thefederal government;
(ii) require the state to add 11 or more permanent full-time employees, 11 or morepermanent part-time employees, or combination of permanent full-time and permanent part-timeemployees equal to 11 or more in order to receive the new federal funds or participate in the newfederal program; or
(iii) require the state to expend more than $1,000,000 of new state money in a fiscal yearin order to receive or administer the new federal funds or participate in the new federal program.
(b) "Medium impact federal funds request" means a new federal funds request that willor could:
(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;
(ii) require the state to add more than zero but less than 11 permanent full-timeemployees, more than zero but less than 11 permanent part-time employees, or a combination ofpermanent full-time employees and permanent part-time employees equal to more than zero butless than 11 in order to receive or administer the new federal funds or participate in the newfederal program; or
(iii) require the state to expend $1 to $1,000,000 of new state money in a fiscal year inorder to receive or administer the new federal funds or participate in the new federal program.
(2) (a) Before obligating the state to accept or receive new federal funds or to participatein a new federal program under a medium impact federal funds request, and no later than threemonths after submitting a medium impact federal funds request, and, where possible, beforeformally submitting the medium impact federal funds request, an agency shall:
(i) submit the federal funds request summary to the governor or the Judicial Council, asappropriate, for approval or rejection; and
(ii) if the governor or Judicial Council approves the new federal funds request, submitthe federal funds request summary to the Legislative Executive Appropriations Committee for itsreview and recommendations.
(b) The Legislative Executive Appropriations Committee shall review the federal fundsrequest summary and may:
(i) recommend that the agency accept the new federal funds;
(ii) recommend that the agency not accept the new federal funds; or
(iii) recommend to the governor that the governor call a special session of the Legislatureto review and approve or reject the acceptance of the new federal funds.
(3) (a) Before obligating the state to accept or receive new federal funds or to participatein a new federal program under a high impact federal funds request, and no later than threemonths after submitting a high impact federal funds request, and, where possible, before formallysubmitting the high impact federal funds request, an agency shall:
(i) submit the federal funds request summary to the governor or Judicial Council, asappropriate, for approval or rejection; and
(ii) if the governor or Judicial Council approves the new federal funds request, submit
the federal funds request summary to the Legislature for its approval or rejection in an annualgeneral session or a special session.
(b) (i) If the Legislature approves the new federal funds request, the agency may acceptthe new federal funds or participate in the new federal program.
(ii) If the Legislature fails to approve the new federal funds request, the agency may notaccept the new federal funds or participate in the new federal program.
(c) If an agency fails to obtain the Legislature's approval under this Subsection (3):
(i) the governor or Judicial Council, as appropriate, may require the agency to withdrawthe new federal funds request or refuse or return the new federal funds;
(ii) the Legislature may, if federal law allows, opt out or decline to participate in the newfederal program or decline to receive the new federal funds; or
(iii) the Legislature may reduce the agency's General Fund appropriation in an amountless than, equal to, or greater than the amount of federal funds received by the agency.
Renumbered and Amended by Chapter 382, 2008 General Session
