H.B. 559
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: G. Harb 6
6 02-23-23 12:38 PM 6
H.B. 559
1 WORKFORCE DEVELOPMENT FUNDI NG AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer Dailey-Provost
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill establishes the Workforce Initiatives Fund within the Department of
10Workforce Services.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <replaces the Department of Workforce Services' Special Administrative Expense
15Account with a special revenue fund known as the Workforce Initiatives Fund,
16consisting of interest and penalties collected under the Employment Support Act;
17 <provides for the use of revenue in the Workforce Initiatives Fund by the Department
18of Workforce Services, including for the administration of the Utah Workforce
19Services Code and to cover the costs of workforce development programs; and
20 <makes technical and conforming changes.
21Money Appropriated in this Bill:
22 This bill appropriates in fiscal year 2024:
23 <to Department of Workforce Services -- Administration, as an ongoing
24appropriation:
25 Cfrom Workforce Initiatives Fund, $67,500;
26 <to Department of Workforce Services -- Operations and Policy, as an ongoing
27appropriation:
*HB0559* H.B. 559 02-23-23 12:38 PM
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28 Cfrom Workforce Initiatives Fund, $3,268,500;
29 <to Department of Workforce Services -- State Office of Rehabilitation, as an
30ongoing appropriation:
31 Cfrom Workforce Initiatives Fund, $1,500; and
32 <to Department of Workforce Services -- Unemployment Insurance, as an ongoing
33appropriation:
34 Cfrom Workforce Initiatives Fund, $837,500.
35Other Special Clauses:
36 This bill provides a special effective date.
37Utah Code Sections Affected:
38AMENDS:
39 31A-38-104, as last amended by Laws of Utah 2011, Chapters 303, 342
40 35A-4-305, as last amended by Laws of Utah 2012, Chapter 15
41 35A-4-314, as enacted by Laws of Utah 2013, Chapter 473
42 35A-4-507, as last amended by Laws of Utah 2011, Chapter 342
43 63B-10-401, as last amended by Laws of Utah 2010, Chapter 278
44REPEALS AND REENACTS:
45 35A-4-506, as last amended by Laws of Utah 2013, Chapter 315
46
47Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 31A-38-104 is amended to read:
49 31A-38-104. Authorization -- Money transferred for reserves.
50 (1) The Department of Workforce Services may:
51 (a) convert the bridge program to the state program through any of the following, or
52combination of the following, that the Department of Workforce Services considers best serves
53the needs of qualified participants:
54 (i) a contract with a licensed insurance company authorized to do business in the state;
55 (ii) through any other arrangement acceptable under the Trade Reform Act; or
56 (iii) a self-insurance program through a third party administrator as provided in
57Subsection 31A-38-103(3)(b)(ii); and
58 (b) obligate up to $2,000,000 of the [Special Administrative Expense Account] 02-23-23 12:38 PM H.B. 559
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59Workforce Initiatives Fund created in Section 35A-4-506 as reserves for the state program.
60 (2) The money in Subsection (1)(b) may be used until the reserves in the state program
61become adequate.
62 Section 2. Section 35A-4-305 is amended to read:
63 35A-4-305. Collection of contributions -- Unpaid contributions to bear interest --
64Offer to compromise.
65 (1) (a) Contributions unpaid on the date on which they are due and payable, as
66prescribed by the division, shall bear interest at the rate of 1% per month from and after that
67date until payment plus accrued interest is received by the division.
68 (b) (i) Contribution reports not made and filed by the date on which they are due as
69prescribed by the division are subject to a penalty to be assessed and collected in the same
70manner as contributions due under this section equal to 5% of the contribution due if the failure
71to file on time was not more than 15 days, with an additional 5% for each additional 15 days or
72fraction thereof during which the failure continued, but not to exceed 25% in the aggregate and
73not less than $25 with respect to each reporting period.
74 (ii) If a report is filed after the required time and it is shown to the satisfaction of the
75division or its authorized representative that the failure to file was due to a reasonable cause
76and not to willful neglect, no addition shall be made to the contribution.
77 (c) (i) If contributions are unpaid after 10 days from the date of the mailing or personal
78delivery by the division or its authorized representative, of a written demand for payment, there
79shall attach to the contribution, to be assessed and collected in the same manner as
80contributions due under this section, a penalty equal to 5% of the contribution due.
81 (ii) A penalty may not attach if within 10 days after the mailing or personal delivery,
82arrangements for payment have been made with the division, or its authorized representative,
83and payment is made in accordance with those arrangements.
84 (d) The division shall assess as a penalty a service charge, in addition to any other
85penalties that may apply, in an amount not to exceed the service charge imposed by Section
867-15-1 for dishonored instruments if:
87 (i) any amount due the division for contributions, interest, other penalties or benefit
88overpayments is paid by check, draft, order, or other instrument; and
89 (ii) the instrument is dishonored or not paid by the institution against which it is drawn. H.B. 559 02-23-23 12:38 PM
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90 (e) Except for benefit overpayments under Subsection 35A-4-405(5), benefit
91overpayments, contributions, interest, penalties, and assessed costs, uncollected three years
92after they become due, may be charged as uncollectible and removed from the records of the
93division if:
94 (i) no assets belonging to the liable person and subject to attachment can be found; and
95 (ii) in the opinion of the division there is no likelihood of collection at a future date.
96 (f) Interest and penalties collected in accordance with this section shall be paid into the
97[Special Administrative Expense Account created by] Workforce Initiatives Fund created in
98Section 35A-4-506.
99 (g) Action required for the collection of sums due under this chapter is subject to the
100applicable limitations of actions under Title 78B, Chapter 2, Statutes of Limitations.
101 (2) (a) If an employer fails to file a report when prescribed by the division for the
102purpose of determining the amount of the employer's contribution due under this chapter, or if
103the report when filed is incorrect or insufficient or is not satisfactory to the division, the
104division may determine the amount of wages paid for employment during the period or periods
105with respect to which the reports were or should have been made and the amount of
106contribution due from the employer on the basis of any information it may be able to obtain.
107 (b) The division shall give written notice of the determination to the employer.
108 (c) The determination is considered correct unless:
109 (i) the employer, within 10 days after mailing or personal delivery of notice of the
110determination, applies to the division for a review of the determination as provided in Section
11135A-4-508; or
112 (ii) unless the division or its authorized representative of its own motion reviews the
113determination.
114 (d) The amount of contribution determined under Subsection (2)(a) is subject to
115penalties and interest as provided in Subsection (1).
116 (3) (a) If, after due notice, an employer defaults in the payment of contributions,
117interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit
118overpayments and penalties on the overpayments, the amount due shall be collectible by civil
119action in the name of the division, and the employer adjudged in default shall pay the costs of
120the action. 02-23-23 12:38 PM H.B. 559
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121 (b) Civil actions brought under this section to collect contributions, interest, or
122penalties from an employer, or benefit overpayments and penalties from a claimant shall be:
123 (i) heard by the court at the earliest possible date; and
124 (ii) entitled to preference upon the calendar of the court over all other civil actions
125except:
126 (A) petitions for judicial review under this chapter; and
127 (B) cases arising under the workers' compensation law of this state.
128 (c) (i) (A) To collect contributions, interest, or penalties, or benefit overpayments and
129penalties due from employers or claimants located outside Utah, the division may employ
130private collectors providing debt collection services outside Utah.
131 (B) Accounts may be placed with private collectors only after the employer or claimant
132has been given a final notice that the division intends to place the account with a private
133collector for further collection action.
134 (C) The notice shall advise the employer or claimant of the employer's or claimant's
135rights under this chapter and the applicable rules of the department.
136 (ii) (A) A private collector may receive as compensation up to 25% of the lesser of the
137amount collected or the amount due, plus the costs and fees of any civil action or postjudgment
138remedy instituted by the private collector with the approval of the division.
139 (B) The employer or claimant shall be liable to pay the compensation of the collector,
140costs, and fees in addition to the original amount due.
141 (iii) A private collector is subject to the federal Fair Debt Collection Practices Act, 15
142U.S.C. Sec. 1692 et seq.
143 (iv) (A) A civil action may not be maintained by a private collector without specific
144prior written approval of the division.
145 (B) When division approval is given for civil action against an employer or claimant,
146the division may cooperate with the private collector to the extent necessary to effect the civil
147action.
148 (d) (i) Notwithstanding Section 35A-4-312, the division may disclose the contribution,
149interest, penalties or benefit overpayments and penalties, costs due, the name of the employer
150or claimant, and the employer's or claimant's address and telephone number when any
151collection matter is referred to a private collector under Subsection (3)(c). H.B. 559 02-23-23 12:38 PM
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152 (ii) A private collector is subject to the confidentiality requirements and penalty
153provisions provided in Section 35A-4-312 and Subsection 76-8-1301(4), except to the extent
154disclosure is necessary in a civil action to enforce collection of the amounts due.
155 (e) An action taken by the division under this section may not be construed to be an
156election to forego other collection procedures by the division.
157 (4) (a) In the event of a distribution of an employer's assets under an order of a court
158under the laws of Utah, including a receivership, assignment for benefits of creditors,
159adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter
160due shall be paid in full prior to all other claims except taxes and claims for wages of not more
161than $400 to each claimant, earned within five months of the commencement of the
162proceeding.
163 (b) If an employer commences a proceeding in the Federal Bankruptcy Court under a
164chapter of 11 U.S.C. 101 et seq., as amended by the Bankruptcy Abuse Prevention and
165Consumer Protection Act of 2005, contributions, interest, and penalties then or thereafter due
166shall be entitled to the priority provided for taxes, interest, and penalties in the Bankruptcy
167Abuse Prevention and Consumer Protection Act of 2005.
168 (5) (a) In addition and as an alternative to any other remedy provided by this chapter
169and provided that no appeal or other proceeding for review provided by this chapter is then
170pending and the time for taking it has expired, the division may issue a warrant in duplicate,
171under its official seal, directed to the sheriff of any county of the state, commanding the sheriff
172to levy upon and sell the real and personal property of a delinquent employer or claimant found
173within the sheriff's county for the payment of the contributions due, with the added penalties,
174interest, or benefit overpayment and penalties, and costs, and to return the warrant to the
175division and pay into the fund the money collected by virtue of the warrant by a time to be
176specified in the warrant, not more than 60 days from the date of the warrant.
177 (b) (i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the
178duplicate with the clerk of the district court in the sheriff's county.
179 (ii) The clerk shall enter in the judgment docket, in the column for judgment debtors,
180the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate
181columns the amount of the contribution, penalties, interest, or benefit overpayment and
182penalties, and costs, for which the warrant is issued and the date when the duplicate is filed. 02-23-23 12:38 PM H.B. 559
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183 (c) The amount of the docketed warrant shall:
184 (i) have the force and effect of an execution against all personal property of the
185delinquent employer; and
186 (ii) become a lien upon the real property of the delinquent employer or claimant in the
187same manner and to the same extent as a judgment duly rendered by a district court and
188docketed in the office of the clerk.
189 (d) After docketing, the sheriff shall:
190 (i) proceed in the same manner as is prescribed by law with respect to execution issued
191against property upon judgments of a court of record; and
192 (ii) be entitled to the same fees for the sheriff's services in executing the warrant, to be
193collected in the same manner.
194 (6) (a) Contributions imposed by this chapter are a lien upon the property of an
195employer liable for the contribution required to be collected under this section who shall sell
196out the employer's business or stock of goods or shall quit business, if the employer fails to
197make a final report and payment on the date subsequent to the date of selling or quitting
198business on which they are due and payable as prescribed by rule.
199 (b) (i) An employer's successor, successors, or assigns, if any, are required to withhold
200sufficient of the purchase money to cover the amount of the contributions and interest or
201penalties due and payable until the former owner produces a receipt from the division showing
202that they have been paid or a certificate stating that no amount is due.
203 (ii) If the purchaser of a business or stock of goods fails to withhold sufficient purchase
204money, the purchaser is personally liable for the payment of the amount of the contributions
205required to be paid by the former owner, interest and penalties accrued and unpaid by the
206former owner, owners, or assignors.
207 (7) (a) If an employer is delinquent in the payment of a contribution, the division may
208give notice of the amount of the delinquency by registered mail to all persons having in their
209possession or under their control, any credits or other personal property belonging to the
210employer, or owing any debts to the employer at the time of the receipt by them of the notice.
211 (b) A person notified under Subsection (7)(a) shall neither transfer nor make any other
212disposition of the credits, other personal property, or debts until:
213 (i) the division has consented to a transfer or disposition; or H.B. 559 02-23-23 12:38 PM
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214 (ii) 20 days after the receipt of the notice.
215 (c) All persons notified under Subsection (7)(a) shall, within five days after receipt of
216the notice, advise the division of credits, other personal property, or other debts in their
217possession, under their control or owing by them, as the case may be.
218 (8) (a) (i) Each employer shall furnish the division necessary information for the proper
219administration of this chapter and shall include wage information for each employee, for each
220calendar quarter.
221 (ii) The information shall be furnished at a time, in the form, and to those individuals
222as the department may by rule require.
223 (b) (i) Each employer shall furnish each individual worker who is separated that
224information as the department may by rule require, and shall furnish within 48 hours of the
225receipt of a request from the division a report of the earnings of any individual during the
226individual's base-period.
227 (ii) The report shall be on a form prescribed by the division and contain all information
228prescribed by the division.
229 (c) (i) For each failure by an employer to conform to this Subsection (8) the division
230shall, unless good cause is shown, assess a $50 penalty if the filing was not more than 15 days
231late.
232 (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
233of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
234per filing.
235 (iii) The penalty is to be collected in the same manner as contributions due under this
236chapter.
237 (d) (i) The division shall prescribe rules providing standards for determining which
238contribution reports shall be filed on magnetic or electronic media or in other machine-readable
239form.
240 (ii) In prescribing these rules, the division:
241 (A) may not require an employer to file contribution reports on magnetic or electronic
242media unless the employer is required to file wage data on at least 250 employees during any
243calendar quarter or is an authorized employer representative who files quarterly tax reports on
244behalf of 100 or more employers during any calendar quarter; 02-23-23 12:38 PM H.B. 559
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245 (B) shall take into account, among other relevant factors, the ability of the employer to
246comply at reasonable cost with the requirements of the rules; and
247 (C) may require an employer to post a bond for failure to comply with the rules
248required by this Subsection (8)(d).
249 (9) (a) (i) An employer liable for payments in lieu of contributions shall file
250Reimbursable Employment and Wage Reports.
251 (ii) The reports are due on the last day of the month that follows the end of each
252calendar quarter unless the division, after giving notice, changes the due date.
253 (iii) A report postmarked on or before the due date is considered timely.
254 (b) (i) Unless the employer can show good cause, the division shall assess a $50
255penalty against an employer who does not file Reimbursable Employment and Wage Reports
256within the time limits set out in Subsection (9)(a) if the filing was not more than 15 days late.
257 (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
258of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
259per filing.
260 (iii) The division shall assess and collect the penalties referred to in this Subsection
261(9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311.
262 (10) If a person liable to pay a contribution or benefit overpayment imposed by this
263chapter neglects or refuses to pay it after demand, the amount, including any interest, additional
264amount, addition to contributions, or assessable penalty, together with any additional accruable
265costs, shall be a lien in favor of the division upon all property and rights to property, whether
266real or personal belonging to the person.
267 (11) (a) The lien imposed by Subsection (10) arises at the time the assessment, as
268defined in the department rules, is made and continues until the liability for the amount
269assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
270 (b) (i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder
271of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a
272warrant with the clerk of the district court.
273 (ii) For the purposes of this Subsection (11)(b):
274 (A) "Judgment lien creditor" means a person who obtains a valid judgment of a court
275of record for recovery of specific property or a sum certain of money, and who in the case of a H.B. 559 02-23-23 12:38 PM
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276recovery of money, has a perfected lien under the judgment on the property involved. A
277judgment lien does not include inchoate liens such as attachment or garnishment liens until
278they ripen into a judgment. A judgment lien does not include the determination or assessment
279of a quasi-judicial authority, such as a state or federal taxing authority.
280 (B) "Mechanics' lien holder" means any person who has a lien on real property, or on
281the proceeds of a contract relating to real property, for services, labor, or materials furnished in
282connection with the construction or improvement of the property. A person has a lien on the
283earliest date the lien becomes valid against subsequent purchasers without actual notice, but not
284before the person begins to furnish the services, labor, or materials.
285 (C) "Person" means:
286 (I) an individual;
287 (II) a trust;
288 (III) an estate;
289 (IV) a partnership;
290 (V) an association;
291 (VI) a company;
292 (VII) a limited liability company;
293 (VIII) a limited liability partnership; or
294 (IX) a corporation.
295 (D) "Purchaser" means a person who, for adequate and full consideration in money or
296money's worth, acquires an interest, other than a lien or security interest, in property which is
297valid under state law against subsequent purchasers without actual notice.
298 (E) "Security interest" means any interest in property acquired by contract for the
299purpose of securing payment or performance of an obligation or indemnifying against loss or
300liability. A security interest exists at any time:
301 (I) the property is in existence and the interest has become protected under the law
302against a subsequent judgment lien arising out of an unsecured obligation; and
303 (II) to the extent that, at that time, the holder has parted with money or money's worth.
304 (12) (a) Except in cases involving a violation of unemployment compensation
305provisions under Section 76-8-1301, Subsection 35A-4-304(5), or Subsection 35A-4-405(5),
306and at the discretion of the division, the division may accept an offer in compromise from an 02-23-23 12:38 PM H.B. 559
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307employer or claimant to reduce past due debt arising from contributions or benefit
308overpayments imposed under this chapter.
309 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
310division shall make rules for allowing an offer in compromise provided under Subsection
311(12)(a).
312 Section 3. Section 35A-4-314 is amended to read:
313 35A-4-314. Disclosure of information for debt collection -- Court order --
314Procedures -- Use of information restrictions -- Penalties.
315 (1) The division shall disclose to a creditor who has obtained judgment against a debtor
316the name and address of the last known employer of the debtor if:
317 (a) the judgment creditor obtains a court order requiring disclosure of the information
318as described in Subsection (2); and
319 (b) the judgment creditor completes the requirements described in Subsection (3),
320including entering into a written agreement with the division.
321 (2) (a) A court shall grant an order to disclose the information described in Subsection
322(1) if, under the applicable Utah Rules of Civil Procedure:
323 (i) the judgment creditor files a motion with the court, which includes a copy of the
324judgment, and serves a copy of the motion to the judgment debtor and the division;
325 (ii) the judgment debtor and the division have the opportunity to respond to the motion;
326and
327 (iii) the court denies or overrules any objection to disclosure in the judgment debtor's
328and the division's response.
329 (b) A court may not grant an order to disclose the information described in Subsection
330(1), if the court finds that the division has established that disclosure will have a negative effect
331on:
332 (i) the willingness of employers to report wage and employment information; or
333 (ii) the willingness of individuals to file claims for unemployment benefits.
334 (c) The requirements of Subsection 63G-2-202(7) and Section 63G-2-207 do not apply
335to information sought through a court order as described in this section.
336 (3) If a court order is granted in accordance with this section, a judgment creditor shall:
337 (a) provide to the division a copy of the order requiring the disclosure; H.B. 559 02-23-23 12:38 PM
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338 (b) enter into a written agreement with the division, in a form approved by the division;
339 (c) pay the division a reasonable fee that reflects the cost for processing the request as
340established by department rule; and
341 (d) comply with the data safeguard and security measures described in 20 C.F.R. Sec.
342603.9 with respect to information received from the division under this section.
343 (4) If a judgment creditor complies with Subsection (3), the division shall provide the
344information to the judgment creditor within 14 business days after the day on which the
345creditor complies with Subsection (3).
346 (5) A judgment creditor may not:
347 (a) use the information obtained under this section for a purpose other than satisfying
348the judgment between the creditor and debtor; or
349 (b) disclose or share the information with any other person.
350 (6) The division may audit a judgment creditor or other party receiving information
351under this section for compliance with the data safeguard and security measures described in 20
352C.F.R. Sec. 603.9.
353 (7) If a judgment creditor or other party fails to comply with the data safeguard and
354security measures under 20 C.F.R. Sec. 603.9, the judgment creditor or other party is subject to
355a civil penalty of no more than $10,000 enforceable by the [Utah] Office of the Attorney
356General as follows:
357 (a) the attorney general, on the attorney general's own behalf or on behalf of the
358division, may file an action in district court to enforce the civil penalty; and
359 (b) if the attorney general prevails in enforcing the civil penalty against the judgment
360creditor or other party:
361 (i) the attorney general is entitled to an award for reasonable attorney fees, court costs,
362and investigative expenses; and
363 (ii) the civil penalty shall be deposited into the [special administrative expense account
364described in Subsection 35A-4-506(1)] Workforce Initiatives Fund created in Section
36535A-4-506.
366 Section 4. Section 35A-4-506 is repealed and reenacted to read:
367 35A-4-506. Workforce Initiatives Fund.
368 (1) As used in this section, "fund" means the Workforce Initiatives Fund created in 02-23-23 12:38 PM H.B. 559
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369Subsection (2).
370 (2) There is created an expendable special revenue fund known as the "Workforce
371Initiatives Fund."
372 (3) The fund consists of:
373 (a) except as provided in Subsection (7), interest and penalties collected under this
374chapter, less refunds made under Subsection 35A-4-306(5);
375 (b) money requisitioned under Section 35A-4-507;
376 (c) gifts, grants, donations, contributions, or any other conveyance of money that may
377be made to the fund from public or private sources; and
378 (d) interest and earnings on fund money.
379 (4) The state treasurer shall:
380 (a) invest money in the fund in accordance with Title 51, Chapter 7, State Money
381Management Act; and
382 (b) deposit interest and earnings derived from investing fund money into the fund.
383 (5) Subject to Subsection (6), the department may expend money in the fund:
384 (a) for the administration of this title;
385 (b) to establish reserves for the state program created under Title 31A, Chapter 38,
386Federal Health Care Tax Credit Program Act, in accordance with Subsection
38731A-38-104(1)(b);
388 (c) to cover the costs of programs or initiatives implemented by the department for
389workforce development;
390 (d) for a purpose which supports the department, employers, or workforce initiatives;
391and
392 (e) for programs that reinvest in the workforce.
393 (6) (a) Money in the fund shall be made available to replace, within a reasonable time,
394any money received by this state under Section 302 of the Social Security Act, 42 U.S.C. Sec.
395502, as amended, that because of any action of contingency has been lost or has been expended
396for purposes other than or in amounts in excess of those necessary for the proper administration
397of this chapter.
398 (b) If the department expends money in the fund for a purpose unrelated to the
399administration of the unemployment compensation program as described in Subsection H.B. 559 02-23-23 12:38 PM
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400303(a)(8) of the Social Security Act, 42 U.S.C. Sec. 503(a)(8), as amended, the division shall
401develop and follow a cost allocation plan in compliance with United States Department of
402Labor regulations, including the cost principles described in 29 C.F.R. Sec. 97.22(b) and 2
403C.F.R. Part 225.
404 (7) In accordance with Subsection 303(a)(11) of the Social Security Act, 42 U.S.C.
405Sec. 503(a)(8), as amended, the department shall deposit 15% of civil penalties collected for
406fraud under Subsection 35A-4-405(5)(c)(i) into the Unemployment Compensation Fund
407established in Section 35A-4-501.
408 Section 5. Section 35A-4-507 is amended to read:
409 35A-4-507. Authority to obtain money from state's account in federal
410unemployment trust fund -- Use and deposit.
411 (1) Notwithstanding the provisions of Sections 35A-4-501 and 35A-4-506, the
412department may requisition and receive from the state's account in the unemployment trust
413fund in the treasury of the United States the money standing to the state's credit as may,
414consistent with conditions for approval of this chapter under the Federal Unemployment Tax
415Act, 26 U.S.C. 3301 et seq., be used for expenses of administering this chapter and to expend
416the money for that purpose.
417 (2) Money requisitioned under Subsection (1) shall be deposited [in] into the [Special
418Administrative Expense Account] Workforce Initiatives Fund created by Section 35A-4-506.
419 Section 6. Section 63B-10-401 is amended to read:
420 63B-10-401. Other capital facility authorizations and intent language.
421 (1) It is the intent of the Legislature that:
422 (a) Utah State University use institutional funds to plan, design, and construct an
423expansion of the HPER Building under the direction of the director of the Division of Facilities
424Construction and Management unless supervisory authority has been delegated;
425 (b) no state funds be used for any portion of this project; and
426 (c) the university may request state funds for operations and maintenance to the extent
427that the university is able to demonstrate to the Board of Regents that the facility meets
428approved academic and training purposes under Board of Regents policy R710.
429 (2) It is the intent of the Legislature that:
430 (a) the University of Utah use institutional funds to plan, design, and construct the 02-23-23 12:38 PM H.B. 559
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431Moran Eye Center II project under the direction of the director of the Division of Facilities
432Construction and Management unless supervisory authority has been delegated;
433 (b) no state funds be used for any portion of this project; and
434 (c) the university may request state funds for operations and maintenance to the extent
435that the university is able to demonstrate to the Board of Regents that the facility meets
436approved academic and training purposes under Board of Regents policy R710.
437 (3) It is the intent of the Legislature that:
438 (a) the University of Utah use institutional funds to plan, design, and construct the E.
439E. Jones Medical Science Addition under the direction of the director of the Division of
440Facilities Construction and Management unless supervisory authority has been delegated;
441 (b) no state funds be used for any portion of this project; and
442 (c) the university may request state funds for operations and maintenance to the extent
443that the university is able to demonstrate to the Board of Regents that the facility meets
444approved academic and training purposes under Board of Regents policy R710.
445 (4) It is the intent of the Legislature that:
446 (a) the University of Utah use institutional funds to plan, design, and construct a
447Museum of Natural History under the direction of the director of the Division of Facilities
448Construction and Management unless supervisory authority has been delegated;
449 (b) no state funds be used for any portion of this project; and
450 (c) the university may request state funds for operations and maintenance to the extent
451that the university is able to demonstrate to the Board of Regents that the facility meets
452approved academic and training purposes under Board of Regents policy R710.
453 (5) It is the intent of the Legislature that:
454 (a) Dixie College use institutional funds to plan, design, and construct the Hurricane
455Education Center under the direction of the director of the Division of Facilities Construction
456and Management unless supervisory authority has been delegated;
457 (b) no state funds be used for any portion of this project; and
458 (c) the college may request state funds for operations and maintenance to the extent
459that the university is able to demonstrate to the Board of Regents that the facility meets
460approved academic and training purposes under Board of Regents policy R710.
461 (6) It is the intent of the Legislature that: H.B. 559 02-23-23 12:38 PM
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462 (a) Southern Utah University use institutional funds to plan, design, and construct the
463Shakespearean Festival Center under the direction of the director of the Division of Facilities
464Construction and Management unless supervisory authority has been delegated;
465 (b) no state funds be used for any portion of this project; and
466 (c) the college may not request state funds for operations and maintenance.
467 (7) It is the intent of the Legislature that:
468 (a) the Department of Corrections use donations to plan, design, and construct the
469Wasatch Family History Center under the direction of the director of the Division of Facilities
470Construction and Management unless supervisory authority has been delegated;
471 (b) no state funds be used for any portion of this project; and
472 (c) the department may request state funds for operations and maintenance.
473 (8) It is the intent of the Legislature that:
474 (a) the Department of Workforce Services use $1,186,700 from its Special
475Administrative Expense Account [created in Section 35A-4-506] to plan, design, and construct
476an addition to the Cedar City Employment Center under the direction of the director of the
477Division of Facilities Construction and Management unless supervisory authority has been
478delegated; and
479 (b) the department may request state funds for operations and maintenance.
480 (9) It is the intent of the Legislature that the Division of Facilities Construction and
481Management, acting on behalf of the Department of Natural Resources, may enter into a lease
482purchase agreement with Carbon County to provide needed space for agency programs in the
483area if the Department of Natural Resources obtains the approval of the State Building Board
484by demonstrating that the lease purchase will be a benefit to the state and that the lease,
485including operation and maintenance costs, can be funded within existing agency budgets.
486 Section 7. Appropriation.
487 The following sums of money are appropriated for the fiscal year beginning July 1,
4882023, and ending June 30, 2024. These are additions to amounts previously appropriated for
489fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
490Act, the Legislature appropriates the following sums of money from the funds or accounts
491indicated for the use and support of the government of the state of Utah.
492ITEM 1 02-23-23 12:38 PM H.B. 559
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493To Department of Workforce Services -- Administration
494 From Workforce Initiatives Fund 67,500
495 Schedule of Programs:
496 Administrative Support 67,500
497ITEM 2
498To Department of Workforce Services -- Operations and Policy
499 From Workforce Initiatives Fund 3,268,500
500 Schedule of Programs:
501 Workforce Development 1,668,500
502 Other Assistance 100,000
503 Information Technology 1,500,000
504ITEM 3
505To Department of Workforce Services -- State Office of Rehabilitation
506 From Workforce Initiatives Fund 1,500
507 Schedule of Programs:
508 Deaf and Hard of Hearing 1,500
509ITEM 4
510To Department of Workforce Services -- Unemployment Insurance
511 From Workforce Initiatives Fund 837,500
512 Schedule of Programs:
513 Unemployment Insurance Administration 695,700
514 Adjudication 141,800
515 The Legislature authorizes the Department of Workforce Services, as allowed by the
516fund's authorizing statute, to spend all available money in the Workforce Initiatives Fund for
517fiscal year 2024 regardless of the amount appropriated.
518 The Legislature authorizes the Department of Government Operations, Division of
519State Finance to transfer remaining balances in the Special Administrative Expense Account to
520the Workforce Initiatives Fund as of July 1, 2023.
521 The Legislature intends that all nonlapsing funds in the Special Administrative Expense
522Account retained at the end of fiscal year 2023 for use in fiscal year 2024 within the
523Department of Workforce Services' Housing and Community Development and Operations and H.B. 559 02-23-23 12:38 PM
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524Policy line items become part of the Workforce Initiatives Fund and be authorized for use
525within the Department of Workforce Services' Housing and Community Development and
526Operations and Policy line items in fiscal year 2024.
527 Section 8. Effective date.
528 This bill takes effect on July 1, 2023.