Utah Code 63J-5-103. Scope and applicability of chapter

63J-5-103. Scope and applicability of chapter.

(1)	Except as provided in Subsection (2), and except as otherwise provided by a statute superseding provisions of this chapter by explicit reference to this chapter, the provisions of this chapter apply to each agency and govern each federal funds request.

(A)	executive branch entities;

(B)	judicial branch entities; and

(C)

the State Board of Education. See Utah Code 63J-5-102

Federal funds: includes federal assistance and federal assistance programs, however described. 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

Statute: A law passed by a legislature.

(2)

(a)

This chapter does not govern federal funds requests for:

(i)	except as provided in Section 63J-5-206, the Medical Assistance Program, commonly known as Medicaid; and

(ii)	except as provided in Section 63J-5-206, the Children’s Health Insurance Program.

(b)

Until Subsections (2)(c) and (d) apply, this chapter does not govern federal funds requests for:

(i)	the Women, Infant, and Children program;

(ii)	the Temporary Assistance for Needy Families program, except for a one-time TANF request as defined in Section 63J-5-102;

(iii)

Social Security Act money;

(iv)	the Substance Abuse Prevention and Treatment program;

(v)	Child Care and Development Block Grant;

(vi)	SNAP Administration and Training money;

(vii)

Unemployment Insurance Operations money;

(viii)

Federal Highway Administration money;

(ix)	the Utah National Guard; or

(x)	pass-through federal funds.

(c)

Federal funds requests described in Subsection (2)(b) are subject to the provisions of this chapter:

(i)	beginning on January 1, 2018, for each agency that receives more than $200,000,000 annually in federal funds; or

(ii)	beginning on July 1, 2018, for each agency that receives $200,000,000 or less annually in federal funds.

(d)

Maintenance of effort reporting requirements described in Subsection 63J-5-102(1)(d)(ii)(B) may not be required until:

(i)	January 1, 2018, for each agency that receives more than $200,000,000 annually in federal funds; or

(ii)	July 1, 2018, for each agency that receives $200,000,000 or less annually in federal funds.

(3)

The governor need not seek legislative review or approval of federal funds received by the state if:

(a)	the governor has declared a state of emergency; and

(b)	the federal funds are received to assist victims of the state of emergency under Section 53-2a-204.

Amended by Chapter 247, 2017 General Session