63J-5-203 - Judicial council to approve certain new federal funds requests.
63J-5-203. Judicial council to approve certain new federal funds requests.
(1) (a) Before obligating the state to accept or receive new federal funds or to participatein a new federal program, and no later than three months after submitting a new federal fundsrequest, and, where possible, before formally submitting the new federal funds request, a judicialbranch agency shall submit a federal funds request summary to the Judicial Council for itsapproval or rejection when:
(i) the state will receive total payments of $1,000,000 or less per year if the new federalfunds request is approved;
(ii) receipt of the new federal funds will require no additional permanent full-timeemployees, additional permanent part-time employees, or combination of additional permanentfull-time employees and permanent part-time employees; and
(iii) no new state money will be required to match the new federal funds or to implementthe new federal program for which the grant is issued.
(b) The Judicial Council shall report each new federal funds request that is approved byit and each new federal funds request granted by the federal government to:
(i) the Legislature's Executive Appropriations Committee;
(ii) the Office of the Legislative Fiscal Analyst; and
(iii) the Office of Legislative Research and General Counsel.
(2) The Judicial Council shall approve or reject each new federal funds request submittedto it under the authority of this section.
(3) (a) If the Judicial Council approves the new federal funds request, the judicial branchagency may accept the new federal funds or participate in the new federal program.
(b) If the Judicial Council rejects the new federal funds request, the judicial branchagency may not accept the new federal funds or participate in the new federal program.
(4) If a judicial branch agency fails to obtain the Judicial Council's approval under thissection, the Judicial Council may require the agency to:
(a) withdraw the new federal funds request;
(b) return the federal funds;
(c) withdraw from the federal program; or
(d) any combination of Subsections (4)(a), (4)(b), and (4)(c).
Renumbered and Amended by Chapter 382, 2008 General Session