UT
Utah Senate Bill SB0031

Utah 2025 Regular Session

Utah Senate Bill SB0031 Compare Versions

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1-Enrolled Copy S.B. 31
1+01-24 14:39 1st Sub. (Green) S.B. 31
2+Ronald M. Winterton proposes the following substitute bill:
23 1
34 Refugee Services Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Ronald M. Winterton
7-House Sponsor: James A. Dunnigan
8+House Sponsor:
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill creates the Refugee Services Office within the Department of Workforce Services.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
2021 8
2122 ▸ defines terms;
2223 9
2324 ▸ creates the Refugee Services Office (office) within the Department of Workforce Services;
2425 10
2526 ▸ describes the duties and functions of the office; and
2627 11
2728 ▸ makes technical and conforming changes.
2829 12
2930 Money Appropriated in this Bill:
3031 13
3132 None
3233 14
3334 Other Special Clauses:
3435 15
3536 None
3637 16
3738 Utah Code Sections Affected:
3839 17
3940 AMENDS:
4041 18
4142 35A-1-202, as last amended by Laws of Utah 2021, Chapter 281
4243 19
4344 35A-3-103, as last amended by Laws of Utah 2023, Chapter 328
4445 20
4546 ENACTS:
4647 21
4748 35A-3-801, Utah Code Annotated 1953
4849 22
4950 35A-3-802, Utah Code Annotated 1953
5051 23
5152 35A-3-803, Utah Code Annotated 1953
5253 24
5354 35A-3-804, Utah Code Annotated 1953
5455 25
5556 35A-3-805, Utah Code Annotated 1953
5657 26
5758 35A-3-806, Utah Code Annotated 1953
5859 27
59-REPEALS: S.B. 31 Enrolled Copy
60+REPEALS:
6061 28
6162 35A-3-701, as renumbered and amended by Laws of Utah 2015, Chapter 221
63+1st Sub. S.B. 31 1st Sub. (Green) S.B. 31 01-24 14:39
6264 29
6365 35A-3-702, as renumbered and amended by Laws of Utah 2015, Chapter 221
6466 30
6567
6668 31
6769 Be it enacted by the Legislature of the state of Utah:
6870 32
6971 Section 1. Section 35A-1-202 is amended to read:
7072 33
7173 35A-1-202 . Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
7274 34
7375 Child Care Advisory Committee, and economic service areas.
7476 35
7577 (1) There is created within the department the following divisions:
7678 36
7779 (a) the Workforce Development Division to administer the development and
7880 37
7981 implementation of employment assistance programs;
8082 38
8183 (b) the Workforce Research and Analysis Division;
8284 39
8385 (c) the Unemployment Insurance Division to administer Chapter 4, Employment
8486 40
8587 Security Act;
8688 41
8789 (d) the Eligibility Services Division to administer public assistance eligibility;
8890 42
8991 (e) the Division of Adjudication to adjudicate claims or actions in accordance with this
9092 43
9193 title;
9294 44
9395 (f) the Housing and Community Development Division, which is described in Sections
9496 45
9597 35A-8-201 and 35A-8-202;
9698 46
9799 (g) the Utah State Office of Rehabilitation, which is described in Section 35A-13-103;[
98100 47
99101 and]
100102 48
101103 (h) the Office of Homeless Services, which is described in Section 35A-16-202[.] ;
102104 49
103105 (i) the Office of Child Care, which is described in Sections 35A-3-202 and 35A-3-203;
104106 50
105107 and
106108 51
107109 (j) the Refugee Services Office, which is described in Chapter 3, Part 8, Refugee
108110 52
109111 Services.
110112 53
111113 (2) In addition to the divisions created under Subsection (1), within the department are the
112114 54
113115 following:
114116 55
115117 (a) the Workforce Appeals Board created in Section 35A-1-205;
116118 56
117119 (b) the State Workforce Development Board created in Section 35A-1-206;
118120 57
119121 (c) the Employment Advisory Council created in Section 35A-4-502;
120122 58
121123 (d) the Child Care Advisory Committee created in Section 35A-3-205; and
122124 59
123125 (e) the economic service areas created in accordance with Chapter 2, Economic Service
124126 60
125127 Areas.
126128 61
127129 Section 2. Section 35A-3-103 is amended to read:
128-- 2 - Enrolled Copy S.B. 31
129130 62
130131 35A-3-103 . Department responsibilities.
132+- 2 - 01-24 14:39 1st Sub. (Green) S.B. 31
131133 63
132134 The department shall:
133135 64
134136 (1) administer public assistance programs assigned by the Legislature and the governor;
135137 65
136138 (2) determine eligibility for public assistance programs in accordance with the requirements
137139 66
138140 of this chapter;
139141 67
140142 (3) cooperate with the federal government in the administration of public assistance
141143 68
142144 programs;
143145 69
144146 (4) administer state employment services;
145147 70
146148 (5) provide for the compilation of necessary or desirable information, statistics, and reports;
147149 71
148150 (6) perform other duties and functions required by law;
149151 72
150152 (7) monitor the application of eligibility policy;
151153 73
152154 (8) develop personnel training programs for effective and efficient operation of the
153155 74
154156 programs administered by the department;
155157 75
156158 (9) provide refugee resettlement services in accordance with Section [35A-3-701] 35A-3-803;
157159 76
158160 (10) provide child care assistance for children in accordance with Part 2, Office of Child
159161 77
160162 Care;
161163 78
162164 (11) provide services that enable an applicant or recipient to qualify for affordable housing
163165 79
164166 in cooperation with:
165167 80
166168 (a) the Utah Housing Corporation;
167169 81
168170 (b) the Housing and Community Development Division; and
169171 82
170172 (c) local housing authorities;
171173 83
172174 (12) administer the Medicaid Eligibility Quality Control function in accordance with 42
173175 84
174176 C.F.R. Sec. 431.812; and
175177 85
176178 (13) conduct non-clinical eligibility hearings and issue final decisions in adjudicative
177179 86
178180 proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for
179181 87
180182 medical assistance eligibility under:
181183 88
182184 (a) Title 26B, Chapter 3, Health Care - Administration and Assistance; or
183185 89
184186 (b) Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program.
185187 90
186188 Section 3. Section 35A-3-801 is enacted to read:
187189 91
188190
189191 Part 8. Refugee Services
190192 92
191193 35A-3-801 . Definitions.
192194 93
193195 As used in this part:
194196 94
195197 (1) "Director" means the director of the Refugee Services Office.
196198 95
197199 (2) "Office" means the Refugee Services Office created in Section 35A-3-802.
198-- 3 - S.B. 31 Enrolled Copy
199200 96
200201 (3) "Refugee" means a person who is lawfully present in the United States and who meets
202+- 3 - 1st Sub. (Green) S.B. 31 01-24 14:39
201203 97
202204 the definition of a refugee under the Immigration and Nationality Act, 8 U.S.C. Sec.
203205 98
204206 1101(a)(42), and related federal regulations.
205207 99
206208 Section 4. Section 35A-3-802 is enacted to read:
207209 100
208210 35A-3-802 . Refugee Services Office - Creation.
209211 101
210212 (1) There is created within the department a Refugee Services Office.
211213 102
212214 (2) The office shall be administered by a director who shall be appointed by the executive
213215 103
214216 director and who may be removed from that position at the will of the executive director.
215217 104
216218 Section 5. Section 35A-3-803 is enacted to read:
217219 105
218220 35A-3-803 . Functions and duties of office -- Annual report.
219221 106
220222 (1) The office shall:
221223 107
222224 (a) provide refugee resettlement services to eligible refugees pursuant to federal
223225 108
224226 regulations;
225227 109
226228 (b) operate a refugee cash assistance program;
227229 110
228230 (c) provide administrative support services to any refugee advisory committee;
229231 111
230232 (d) work collaboratively with community partners for the delivery of services to
231233 112
232234 refugees;
233235 113
234236 (e) coordinate with the department to include in the annual written report, described in
235237 114
236238 Section 35A-1-109, information regarding refugee services; and
237239 115
238240 (f) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
239241 116
240242 Rulemaking Act, and consistent with state and federal law establishing the eligibility
241243 117
242244 requirements for refugee case assistance.
243245 118
244246 (2) The office may apply for, accept, or expend gifts or donations from public or private
245247 119
246248 sources.
247249 120
248250 Section 6. Section 35A-3-804 is enacted to read:
249251 121
250252 35A-3-804 . Duties of director.
251253 122
252254 (1) The director shall:
253255 123
254256 (a) enforce rules made by the department regulating the use of services provided by the
255257 124
256258 office; and
257259 125
258260 (b) supervise office staff and prepare an annual work plan.
259261 126
260262 (2) The director may apply for, accept, and expend donations from public or private sources
261263 127
262264 to assist the office in fulfilling its statutory obligations.
263265 128
264266 Section 7. Section 35A-3-805 is enacted to read:
265267 129
266268 35A-3-805 . Refugee services fund -- Use of money -- Committee and director
267-- 4 - Enrolled Copy S.B. 31
268269 130
269270 duties -- Restrictions.
271+- 4 - 01-24 14:39 1st Sub. (Green) S.B. 31
270272 131
271273 (1) There is created an expendable special revenue fund, known as the "Refugee Services
272274 132
273275 Fund."
274276 133
275277 (2) The director shall administer the fund with input from the department and any advisory
276278 134
277279 committee involved with the provision of refugee services within the department.
278280 135
279281 (3)(a) Money shall be deposited into the fund from legislative appropriations, federal
280282 136
281283 grants, private foundations, and individual donors.
282284 137
283285 (b) The director shall encourage a refugee who receives services funded under
284286 138
285287 Subsection (8) to be a donor to the fund when the refugee's financial situation
286288 139
287289 improves sufficiently to make a donation.
288290 140
289291 (4) Except for money restricted to a specific use under federal law or by a donor, the
290292 141
291293 director may not spend money from the fund without the input described in Subsection
292294 142
293295 (2).
294296 143
295297 (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7, State
296298 144
297299 Money Management Act, and all interest or other earnings derived from the fund money
298300 145
299301 shall be deposited into the fund.
300302 146
301303 (6) Money in the fund may not be used by the director for administrative expenses.
302304 147
303305 (7) If the department establishes a refugee services advisory committee referenced in
304306 148
305307 Subsection (2), the committee may:
306308 149
307309 (a) advise the director on refugee services needs in the state and on relevant operational
308310 150
309311 aspects of any grant or revenue collection program established under this part;
310312 151
311313 (b) recommend specific refugee projects to the director;
312314 152
313315 (c) recommend policies and procedures for administering the fund;
314316 153
315317 (d) make recommendations on grants made from the fund for refugee services activities
316318 154
317319 authorized under this section;
318320 155
319321 (e) advise the director on the criteria by which grants from the fund shall be made;
320322 156
321323 (f) recommend the order approved projects should be funded;
322324 157
323325 (g) make recommendations regarding the distribution of money from the fund in
324326 158
325327 accordance with federal or donor restrictions; and
326328 159
327329 (h) have joint responsibility to solicit public and private funding for the fund.
328330 160
329331 (8) The director may use fund money to:
330332 161
331333 (a) train an existing refugee organization to develop its capacity to operate
332334 162
333335 professionally and effectively and to become an independent, viable organization; or
334336 163
335337 (b) provide grants to refugee organizations and other entities identified in Subsection (9)
336-- 5 - S.B. 31 Enrolled Copy
337338 164
338339 to assist them:
340+- 5 - 1st Sub. (Green) S.B. 31 01-24 14:39
339341 165
340342 (i) with case management;
341343 166
342344 (ii) in meeting emergency housing needs for refugees;
343345 167
344346 (iii) in providing English language services;
345347 168
346348 (iv) in providing interpretive services;
347349 169
348350 (v) in finding and maintaining employment for refugees;
349351 170
350352 (vi) in collaborating with the state's public education system to improve the
351353 171
352354 involvement of refugee parents in assimilating their children into public schools;
353355 172
354356 (vii) in meeting the health and mental health needs of refugees;
355357 173
356358 (viii) in providing or arranging for child care services; or
357359 174
358360 (ix) in administering refugee services.
359361 175
360362 (9) The director, with the input described in Subsection (2), may grant fund money for
361363 176
362364 refugee services outlined in Subsection (8) through a request for proposal process to:
363365 177
364366 (a) local governments;
365367 178
366368 (b) nonprofit community, charitable, or neighborhood-based organizations or private
367369 179
368370 for-profit organizations involved with providing or arranging for the provision of
369371 180
370372 refugee services; or
371373 181
372374 (c) regional or statewide nonprofit organizations.
373375 182
374376 (10)(a) The director shall enter into a written agreement with each entity that
375377 183
376378 successfully applies for a grant.
377379 184
378380 (b) The agreement shall include specific terms for each grant consistent with the
379381 185
380382 provisions of this section, including the structure, amount, and nature of the grant.
381383 186
382384 (11) The director shall monitor the activities of the recipients of grants issued from the fund
383385 187
384386 on an annual basis to ensure compliance with the terms and conditions imposed on the
385387 188
386388 recipient by the fund.
387389 189
388390 (12) The director shall require an entity that receives a grant under this section to provide
389391 190
390392 periodic accounting of how the money was used.
391393 191
392394 (13) As part of the annual written report described in Section 35A-1-109, the director shall
393395 192
394396 report the status of the fund, including programs and services funded by the fund.
395397 193
396398 Section 8. Section 35A-3-806 is enacted to read:
397399 194
398400 35A-3-806 . Continuation of refugee services.
399401 195
400402 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
401403 196
402404 department may make rules to provide for the administration and coordination of
403405 197
404406 services to refugees beyond the time period refugee assistance is provided or funded by
405-- 6 - Enrolled Copy S.B. 31
406407 198
407408 the federal government, including the provisions of:
409+- 6 - 01-24 14:39 1st Sub. (Green) S.B. 31
408410 199
409411 (a) services to address emergency needs;
410412 200
411413 (b) English language training; and
412414 201
413415 (c) services for victims of domestic violence.
414416 202
415417 (2) The director shall administer and coordinate services under this section:
416418 203
417419 (a) with input from the department and any office or advisory committee involved with
418420 204
419421 the provision of refugee services within the department; and
420422 205
421423 (b) in accordance with any state and federal requirements related to the provision of
422424 206
423425 services to refugees.
424426 207
425427 Section 9. Repealer.
426428 208
427429 This bill repeals:
428430 209
429431 Section 35A-3-702, Continuation of refugee services.
430432 210
431433 Section 35A-3-701, Refugee services fund -- Use of money -- Committee and director
432434 211
433435 duties -- Restrictions.
434436 212
435437 Section 10. Effective Date.
436438 213
437439 This bill takes effect on May 7, 2025.
438440 - 7 -