63J-5-102 - Definitions.
63J-5-102. Definitions.
(1) As used in this chapter:
(a) (i) "Agency" means a department, division, committee, commission, council, court, orother administrative subunit of the state.
(ii) "Agency" includes executive branch entities and judicial branch entities.
(iii) "Agency" does not mean higher education institutions or political subdivisions.
(b) (i) "Federal funds" means cash or other money received from the United Statesgovernment or from other individuals or entities for or on behalf of the United States anddeposited with the state treasurer or any agency of the state.
(ii) "Federal funds" includes federal assistance and federal assistance programs, howeverdescribed.
(iii) "Federal funds" does not include money received from the United States governmentto reimburse the state for money expended by the state.
(c) "Federal funds reauthorization" means the formal submission from an agency to thefederal government:
(i) applying for or seeking reauthorization of federal funds; or
(ii) applying for or seeking reauthorization to participate in a federal program that willresult in federal funds being transferred to an agency.
(d) "Federal funds request summary" means a document detailing:
(i) the amount of money that is being requested or is available to be received by the statefrom the federal government for each federal funds reauthorization or new federal funds request;
(ii) those federal funds reauthorizations and new federal funds requests that are includedas part of the agency's proposed budget for the fiscal year, and the amount of those requests;
(iii) the amount of new state money, if any, that will be required to receive the federalfunds or participate in the federal program;
(iv) the number of additional permanent full-time employees, additional permanentpart-time employees, or combination of additional permanent full-time employees and additionalpermanent part-time employees, if any, that the state estimates are needed in order to receive thefederal funds or participate in the federal program; and
(v) any requirements that the state must meet as a condition for receiving the federalfunds or participating in the federal program.
(e) "Federal maintenance of effort requirements" means any matching, level of effort, orearmarking requirements, as defined in Office of Management and Budget Circular A-133,Compliance Requirement G, that are imposed on an agency as a condition of receiving federalfunds.
(f) "New federal funds" means:
(i) federal assistance or other federal funds that are available from the federalgovernment and that the state is not currently receiving;
(ii) a federal assistance program or other federal program in which the state is notcurrently participating;
(iii) each federal funds reauthorization that would require the state, as a condition forreceiving the federal funds, to:
(A) add additional permanent full-time employees, permanent part-time employees, orcombination of additional permanent full-time employees and permanent part-time employees;
(B) increase the amount of state matching funds required to receive the federal funds or
participate in the federal program; or
(C) comply with new requirements in order to receive the federal funds or participate inthe federal program.
(g) "New federal funds request" means the formal submission from an agency to thefederal government:
(i) applying for or otherwise seeking to obtain new federal funds;
(ii) applying for or seeking to participate in a new federal program that will result infederal funds being transferred to an agency.
(h) (i) "New state money" means money, whether specifically appropriated by thelegislature or not, that the federal government requires Utah to expend as a condition forreceiving the federal funds or participating in the federal program.
(ii) "New state money" includes money expended to meet federal maintenance of effortrequirements.
(i) "Pass-through federal funds" means federal funds provided to an agency that aredistributed to local governments or private entities without being used by the agency.
(j) "State" means the state of Utah and all of its agencies, and any administrative subunitsof those agencies.
(2) When this chapter describes an employee as a "permanent full-time employee" or a"permanent part-time employee," it is not intended to, and may not be construed to, affect theemployee's status as an at-will employee.
Renumbered and Amended by Chapter 382, 2008 General Session