Enrolled Copy S.B. 31
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Refugee Services Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: James A. Dunnigan
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LONG TITLE
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General Description:
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This bill creates the Refugee Services Office within the Department of Workforce Services.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ creates the Refugee Services Office (office) within the Department of Workforce Services;
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▸ describes the duties and functions of the office; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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35A-1-202, as last amended by Laws of Utah 2021, Chapter 281
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35A-3-103, as last amended by Laws of Utah 2023, Chapter 328
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ENACTS:
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35A-3-801, Utah Code Annotated 1953
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35A-3-802, Utah Code Annotated 1953
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35A-3-803, Utah Code Annotated 1953
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35A-3-804, Utah Code Annotated 1953
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35A-3-805, Utah Code Annotated 1953
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35A-3-806, Utah Code Annotated 1953
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REPEALS: S.B. 31 Enrolled Copy
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35A-3-701, as renumbered and amended by Laws of Utah 2015, Chapter 221
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35A-3-702, as renumbered and amended by Laws of Utah 2015, Chapter 221
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 35A-1-202 is amended to read:
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35A-1-202 . Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
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Child Care Advisory Committee, and economic service areas.
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(1) There is created within the department the following divisions:
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(a) the Workforce Development Division to administer the development and
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implementation of employment assistance programs;
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(b) the Workforce Research and Analysis Division;
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(c) the Unemployment Insurance Division to administer Chapter 4, Employment
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Security Act;
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(d) the Eligibility Services Division to administer public assistance eligibility;
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(e) the Division of Adjudication to adjudicate claims or actions in accordance with this
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title;
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(f) the Housing and Community Development Division, which is described in Sections
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35A-8-201 and 35A-8-202;
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(g) the Utah State Office of Rehabilitation, which is described in Section 35A-13-103;[
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and]
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(h) the Office of Homeless Services, which is described in Section 35A-16-202[.] ;
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(i) the Office of Child Care, which is described in Sections 35A-3-202 and 35A-3-203;
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and
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(j) the Refugee Services Office, which is described in Chapter 3, Part 8, Refugee
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Services.
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(2) In addition to the divisions created under Subsection (1), within the department are the
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following:
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(a) the Workforce Appeals Board created in Section 35A-1-205;
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(b) the State Workforce Development Board created in Section 35A-1-206;
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(c) the Employment Advisory Council created in Section 35A-4-502;
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(d) the Child Care Advisory Committee created in Section 35A-3-205; and
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(e) the economic service areas created in accordance with Chapter 2, Economic Service
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Areas.
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Section 2. Section 35A-3-103 is amended to read:
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35A-3-103 . Department responsibilities.
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The department shall:
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(1) administer public assistance programs assigned by the Legislature and the governor;
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(2) determine eligibility for public assistance programs in accordance with the requirements
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of this chapter;
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(3) cooperate with the federal government in the administration of public assistance
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programs;
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(4) administer state employment services;
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(5) provide for the compilation of necessary or desirable information, statistics, and reports;
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(6) perform other duties and functions required by law;
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(7) monitor the application of eligibility policy;
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(8) develop personnel training programs for effective and efficient operation of the
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programs administered by the department;
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(9) provide refugee resettlement services in accordance with Section [35A-3-701] 35A-3-803;
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(10) provide child care assistance for children in accordance with Part 2, Office of Child
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Care;
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(11) provide services that enable an applicant or recipient to qualify for affordable housing
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in cooperation with:
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(a) the Utah Housing Corporation;
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(b) the Housing and Community Development Division; and
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(c) local housing authorities;
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(12) administer the Medicaid Eligibility Quality Control function in accordance with 42
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C.F.R. Sec. 431.812; and
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(13) conduct non-clinical eligibility hearings and issue final decisions in adjudicative
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proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for
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medical assistance eligibility under:
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(a) Title 26B, Chapter 3, Health Care - Administration and Assistance; or
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(b) Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program.
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Section 3. Section 35A-3-801 is enacted to read:
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Part 8. Refugee Services
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35A-3-801 . Definitions.
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As used in this part:
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(1) "Director" means the director of the Refugee Services Office.
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(2) "Office" means the Refugee Services Office created in Section 35A-3-802.
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(3) "Refugee" means a person who is lawfully present in the United States and who meets
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the definition of a refugee under the Immigration and Nationality Act, 8 U.S.C. Sec.
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1101(a)(42), and related federal regulations.
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Section 4. Section 35A-3-802 is enacted to read:
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35A-3-802 . Refugee Services Office - Creation.
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(1) There is created within the department a Refugee Services Office.
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(2) The office shall be administered by a director who shall be appointed by the executive
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director and who may be removed from that position at the will of the executive director.
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Section 5. Section 35A-3-803 is enacted to read:
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35A-3-803 . Functions and duties of office -- Annual report.
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(1) The office shall:
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(a) provide refugee resettlement services to eligible refugees pursuant to federal
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regulations;
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(b) operate a refugee cash assistance program;
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(c) provide administrative support services to any refugee advisory committee;
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(d) work collaboratively with community partners for the delivery of services to
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refugees;
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(e) coordinate with the department to include in the annual written report, described in
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Section 35A-1-109, information regarding refugee services; and
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(f) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, and consistent with state and federal law establishing the eligibility
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requirements for refugee case assistance.
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(2) The office may apply for, accept, or expend gifts or donations from public or private
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sources.
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Section 6. Section 35A-3-804 is enacted to read:
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35A-3-804 . Duties of director.
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(1) The director shall:
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(a) enforce rules made by the department regulating the use of services provided by the
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office; and
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(b) supervise office staff and prepare an annual work plan.
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(2) The director may apply for, accept, and expend donations from public or private sources
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to assist the office in fulfilling its statutory obligations.
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Section 7. Section 35A-3-805 is enacted to read:
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35A-3-805 . Refugee services fund -- Use of money -- Committee and director
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duties -- Restrictions.
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(1) There is created an expendable special revenue fund, known as the "Refugee Services
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Fund."
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(2) The director shall administer the fund with input from the department and any advisory
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committee involved with the provision of refugee services within the department.
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(3)(a) Money shall be deposited into the fund from legislative appropriations, federal
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grants, private foundations, and individual donors.
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(b) The director shall encourage a refugee who receives services funded under
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Subsection (8) to be a donor to the fund when the refugee's financial situation
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improves sufficiently to make a donation.
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(4) Except for money restricted to a specific use under federal law or by a donor, the
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director may not spend money from the fund without the input described in Subsection
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(2).
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(5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7, State
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Money Management Act, and all interest or other earnings derived from the fund money
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shall be deposited into the fund.
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(6) Money in the fund may not be used by the director for administrative expenses.
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(7) If the department establishes a refugee services advisory committee referenced in
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Subsection (2), the committee may:
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(a) advise the director on refugee services needs in the state and on relevant operational
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aspects of any grant or revenue collection program established under this part;
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(b) recommend specific refugee projects to the director;
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(c) recommend policies and procedures for administering the fund;
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(d) make recommendations on grants made from the fund for refugee services activities
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authorized under this section;
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(e) advise the director on the criteria by which grants from the fund shall be made;
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(f) recommend the order approved projects should be funded;
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(g) make recommendations regarding the distribution of money from the fund in
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accordance with federal or donor restrictions; and
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(h) have joint responsibility to solicit public and private funding for the fund.
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(8) The director may use fund money to:
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(a) train an existing refugee organization to develop its capacity to operate
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professionally and effectively and to become an independent, viable organization; or
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(b) provide grants to refugee organizations and other entities identified in Subsection (9)
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to assist them:
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(i) with case management;
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(ii) in meeting emergency housing needs for refugees;
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(iii) in providing English language services;
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(iv) in providing interpretive services;
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(v) in finding and maintaining employment for refugees;
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(vi) in collaborating with the state's public education system to improve the
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involvement of refugee parents in assimilating their children into public schools;
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(vii) in meeting the health and mental health needs of refugees;
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(viii) in providing or arranging for child care services; or
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(ix) in administering refugee services.
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(9) The director, with the input described in Subsection (2), may grant fund money for
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refugee services outlined in Subsection (8) through a request for proposal process to:
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(a) local governments;
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(b) nonprofit community, charitable, or neighborhood-based organizations or private
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for-profit organizations involved with providing or arranging for the provision of
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refugee services; or
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(c) regional or statewide nonprofit organizations.
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(10)(a) The director shall enter into a written agreement with each entity that
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successfully applies for a grant.
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(b) The agreement shall include specific terms for each grant consistent with the
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provisions of this section, including the structure, amount, and nature of the grant.
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(11) The director shall monitor the activities of the recipients of grants issued from the fund
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on an annual basis to ensure compliance with the terms and conditions imposed on the
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recipient by the fund.
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(12) The director shall require an entity that receives a grant under this section to provide
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periodic accounting of how the money was used.
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(13) As part of the annual written report described in Section 35A-1-109, the director shall
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report the status of the fund, including programs and services funded by the fund.
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Section 8. Section 35A-3-806 is enacted to read:
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35A-3-806 . Continuation of refugee services.
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department may make rules to provide for the administration and coordination of
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services to refugees beyond the time period refugee assistance is provided or funded by
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the federal government, including the provisions of:
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(a) services to address emergency needs;
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(b) English language training; and
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(c) services for victims of domestic violence.
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(2) The director shall administer and coordinate services under this section:
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(a) with input from the department and any office or advisory committee involved with
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the provision of refugee services within the department; and
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(b) in accordance with any state and federal requirements related to the provision of
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services to refugees.
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Section 9. Repealer.
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This bill repeals:
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Section 35A-3-702, Continuation of refugee services.
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Section 35A-3-701, Refugee services fund -- Use of money -- Committee and director
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duties -- Restrictions.
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Section 10. Effective Date.
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This bill takes effect on May 7, 2025.
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