reglab/statecodes huggingface dataset:
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 3 - Tax Credit for Employment of Persons Who Are Homeless Act › Section 305 - Tax credit certificate.

Effective 5/14/2019
35A-5-305.
Tax credit certificate.
(1) An employer shall provide written notice to the department as provided in the participation agreement described in Section 35A-5-304.
(2) The department shall determine whether an employer has met the requirements of the participation agreement under Section 35A-5-304 to receive a tax credit certificate after the employer provides the written notice described in Subsection (1) to the department.
(3) Subject to the other provisions of this section, if the department determines that an employer has met the requirements of the participation agreement under Section 35A-5-304 to receive a tax credit certificate, the department may issue a tax credit certificate to the employer.
(4) A tax credit certificate under this section:
(a) shall list the amount of tax credit allowable for the taxable year in an amount that does not exceed $2,000;
(b) shall list the name and federal employer number of the employer;
(c) shall list the name, Social Security identification number, and current address of the person who is homeless with respect to whom the employer has met the wage requirement; and
(d) may include any other information required by the department.
(5) Subject to Subsections (6) and (7), the department shall issue tax credit certificates under this section in the order that the department receives the written notice described in Subsection (1).
(6) The department may not issue tax credit certificates that total more than $100,000 in a fiscal year.
(7)
(a) Subject to Subsection (7)(b), if the department would have issued tax credit certificates that total more than $100,000 in a fiscal year but for the limit provided in Subsection (6), the department shall issue the tax credit certificates that exceed $100,000 in the next fiscal year.
(b) If the department issues tax credit certificates in accordance with Subsection (7)(a):
(i) the tax credit certificates may not total more than $100,000; and
(ii) the department may not issue tax credit certificates for an amount that exceeds the limit described in Subsection (7)(b)(i) in a future fiscal year.
(8) The department shall provide a copy of a tax credit certificate the department issues under this section to the State Tax Commission.
Amended by Chapter 502, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 5 - Training and Workforce Improvement Act › Part 3 - Tax Credit for Employment of Persons Who Are Homeless Act › Section 306 - Report to the Legislature.

Effective 5/10/2016
35A-5-306.
Report to the Legislature.
Beginning with the 2016 interim, the department shall annually provide an electronic report to the Economic Development and Workforce Services Interim Committee and the Revenue and Taxation Interim Committee:
(1) on or before the November interim meeting; and
(2) on the amount of tax credits the department grants under this part.
Amended by Chapter 135, 2016 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 6 - Apprenticeship Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/5/2021
35A-6-102.
Definitions.
As used in this chapter and in Title 34, Labor in General:
(1) "Apprentice" means an individual who has entered into:
(a) a written agreement approved by the Office of Apprenticeship with an employer or the employer's agent, an association of employers, an organization of employees, or a joint committee representing employers and employees;
(b) an apprenticeship that meets Office of Apprenticeship standards; or
(c) an apprenticeship that can be completed at no charge to the participant where the participant learns and works with registered standards to learn a set of skills that result in the participant qualifying for a state license or certification or earning industry recognized credentials at the completion of the apprenticeship.
(2)"Apprenticeship" means an industry-driven, high-quality career pathway where employers can develop and prepare their future workforce, and individuals can obtain paid work experience, classroom instruction, and a portable, nationally recognized credential.
(3) "Commissioner" means the Commissioner of Apprenticeship Programs described in Section 35A-6-105.
(4) "Office of Apprenticeship" means the federal agency designated by the United States Department of Labor to oversee apprenticeship programs.
(5)"Pre-apprenticeship" means a program or set of strategies that is designed to prepare individuals to enter and succeed in an apprenticeship program with registered standards.
(6)"Youth apprenticeship" means a program or set of strategies that combines academic and technical classroom instruction with work experience through an apprenticeship program and which provides the foundation for youth in high school to choose among multiple pathways, including enrolling in college, beginning full-time employment, or a combination of college and employment.
Amended by Chapter 301, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 6 - Apprenticeship Act › Part 1 - General Provisions › Section 103 - Apprenticeship agreements -- Terms and conditions.

35A-6-103.
Apprenticeship agreements -- Terms and conditions.
Every apprenticeship agreement entered into under this chapter shall contain:
(1) the names of the contracting parties;
(2) the date of birth of the apprentice;
(3) a statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin;
(4) a statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction shall be not less than 144 hours per year, unless prior educational experience is substituted or prior practical experience programs are substantial as provided in other state laws;
(5) a statement setting forth a schedule of the work processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process;
(6) a statement of the graduated scale of wages to be paid the apprentice and whether the required school time shall be compensated;
(7) a statement providing for a period of probation during which time the apprenticeship agreement may be terminated by either party to the agreement; and
(8) a statement that if an employer is unable to fulfill the employer's obligation under the apprenticeship agreement, the employer may transfer such obligation to another employer.
Amended by Chapter 132, 1999 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 6 - Apprenticeship Act › Part 1 - General Provisions › Section 104 - Application of chapter -- Voluntary election.

35A-6-104.
Application of chapter -- Voluntary election.
This chapter applies only to such persons, firms, political subdivisions, corporations, employer associations, or bona fide organizations of employees as voluntarily elect to conform with its provisions.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 6 - Apprenticeship Act › Part 1 - General Provisions › Section 104.5 - Youth apprenticeships -- Workers' compensation -- Risk management.

Effective 5/3/2023
35A-6-104.5.
Youth apprenticeships -- Workers' compensation -- Risk management.
(1) As used in this section, "youth apprentice" means an individual who is:
(a) participating in a youth apprenticeship; and
(b) enrolled in a public school.
(2) A youth apprentice is considered to be a volunteer government worker of the public school in which the individual is enrolled, solely for purposes of:
(a) receiving workers' compensation medical benefits; and
(b) coverage by the Risk Management Fund created in Section 63A-4-201.
(3) Receipt of medical benefits under Subsection (2) shall be the exclusive remedy against the school and the cooperating employer for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act.
Enacted by Chapter 350, 2023 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 6 - Apprenticeship Act › Part 1 - General Provisions › Section 105 - Commissioner of Apprenticeship Programs.

Effective 5/4/2022
35A-6-105.
Commissioner of Apprenticeship Programs.
(1) There is created the position of Commissioner of Apprenticeship Programs within the department.
(2) The commissioner shall be appointed by the executive director and chosen from one or more recommendations provided by a majority vote of the State Workforce Development Board.
(3) The commissioner may be terminated without cause by the executive director.
(4) The commissioner shall:
(a) promote and educate the public, including high school guidance counselors and potential participants in apprenticeship programs, about apprenticeship programs, youth apprenticeship, and pre-apprenticeship programs offered in the state, including apprenticeship, youth apprenticeship, and pre-apprenticeship programs offered by private sector businesses, trade groups, labor unions, partnerships with educational institutions, and other associations in the state;
(b) coordinate with the department and other stakeholders, including union and nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education, the Utah system of higher education, the Department of Commerce, the Division of Professional Licensing, and the Governor's Office of Economic Opportunity to improve and promote apprenticeship opportunities in the state; and
(c) provide an annual written report to:
(i) the department for inclusion in the department's annual written report described in Section 35A-1-109;
(ii) the Business, Economic Development, and Labor Appropriations Subcommittee; and
(iii) the Higher Education Appropriations Subcommittee.
(5) The annual written report described in Subsection (4)(c) shall provide information concerning:
(a) the number of available apprenticeship, youth apprenticeship, and pre-apprenticeship programs in the state;
(b) the number of apprentice participants in each program;
(c) the completion rate of each program;
(d) the cost of state funding for each program; and
(e) recommendations for improving apprenticeship, youth apprenticeship, and pre-apprenticeship programs.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 7 - Centralized New Hire Registry Act › Section 102 - Definitions.

35A-7-102.
Definitions.
As used in this chapter:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Compensation" means payment owed by an employer for labor or services performed by an employee.
(3) "Date of hire" means the date labor or services for compensation are first performed by the employee.
(4) "Date of rehire" means the date labor or services for compensation are first performed by an employee who was previously employed by the employer but has been separated from that employment for at least 60 consecutive days.
(5)
(a) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986.
(b) "Employee" does not include an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of that agency determines that reporting the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(6)
(a) "Employer" means any person or entity that is an employer as defined in Section 3401(d) of the Internal Revenue Code of 1986.
(b) "Employer" includes any governmental entity and any labor organization.
(7)
(a) "Labor organization" means any entity as defined in Section 2(5) of the National Labor Relations Act.
(b) "Labor organization" includes any entity or hiring hall that is used by agreement between the organization and an employer to carry out requirements described in Section 8(f)(3) of the National Labor Relations Act.
(8) "Registry" means the centralized new hire registry created in Section 35A-7-103.
Amended by Chapter 107, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 7 - Centralized New Hire Registry Act › Section 103 - Establishment of registry.

35A-7-103.
Establishment of registry.
(1)
(a) The Department of Workforce Services, through contract with the Office of Recovery Services, shall establish a centralized new hire registry database for the purpose of receiving and maintaining information on newly hired or rehired employees.
(b) The database shall be formatted to conduct automatic comparisons as described in Section 35A-7-105 by October 1, 1997.
(2) Information in the registry will be used to match the employee's employment records with other databases to allow for the rapid implementation of support orders and verification of employment status.
Enacted by Chapter 232, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 7 - Centralized New Hire Registry Act › Section 104 - Reporting requirements.

35A-7-104.
Reporting requirements.
(1) An employer that hires or rehires an employee shall send to the department:
(a) the employee's name, address, Social Security number, and date of hire or date of rehire; and
(b) the employer's name, address, and federal tax identification number.
(2) An employer shall send the information required by this section to the department:
(a) not later than 20 days after the date of hire or date of rehire; or
(b) if approved by the department, on a semimonthly basis of not less than 12 days nor more than 16 days apart.
(3) The department shall determine by rule the form and manner for sending the information required under this section, which may include magnetic, electronic, and voice activated transmission.
(4) The reporting requirement of this section does not apply to an employer if the employer:
(a) has employees in two or more states;
(b) sends the information required by this section to a state other than Utah; and
(c) complies with the multi-state employer reporting requirement of Section 453A of the Social Security Act, 42 U.S.C. 653a.
Amended by Chapter 107, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 7 - Centralized New Hire Registry Act › Section 105 - Requirements of the new hire registry.

35A-7-105.
Requirements of the new hire registry.
(1) Within five business days after receiving information described in Section 35A-7-104, the department shall:
(a) enter the information into the registry;
(b) conduct an automated comparison of the social security numbers reported by employers and the social security numbers appearing in the records of the Office of Recovery Services beginning May 1, 1998; and
(c) when an information comparison reveals a positive match between an individual's social security number and the child support records, provide the following information to the Office of Recovery Services:
(i) the name, address, and social security number of the individual; and
(ii) the name, address, and federal tax number of the individual's employer.
(2) Beginning May 1, 1998, within two business days after information described in Section 35A-7-104 is entered into the registry, matched, and reported to the Office of Recovery Services, the Office of Recovery Services shall transmit a notice to the employer directing the employer to withhold the employee's wages in an amount equal to the employee's monthly or other periodic support obligation.
(3) Within three business days after information described in Section 35A-7-104 is entered into the registry, the department shall furnish that information to the National Directory of New Hires.
(4) The department shall, on a quarterly basis, furnish to the National Directory of New Hires extracts of the reports required under the Social Security Act, 42 U.S.C. Sec. 303(a)(6), to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals by such dates, in such format, and containing such information as specified in federal regulations.
(5) State agencies operating employment security and workers' compensation programs may have access to the information in the registry for purposes of administering those programs.
Enacted by Chapter 232, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 7 - Centralized New Hire Registry Act › Section 106 - Penalties for failure to report.

35A-7-106.
Penalties for failure to report.
(1) An employer who fails to timely report the hiring or rehiring of an employee as required by this chapter is subject to a civil penalty of:
(a) $25 for each such failure; or
(b) $500 if the failure to report is intentional and is the result of an agreement between the employer and the employee to not supply the required information, or to supply false or incomplete information.
(2) The department may assess the penalty by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. The department shall collect any unpaid civil penalty in the same manner as provided for other penalties under Subsections 35A-4-305(3) and (5).
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 7 - Centralized New Hire Registry Act › Section 107 - Use and access to the registry records.

35A-7-107.
Use and access to the registry records.
(1)
(a) The records of the registry shall be maintained as private records under Section 63G-2-202.
(b) In addition to those persons granted access to private records under Sections 63G-2-202 and 63G-2-206, state or federal agencies may access data from the registry for the following purposes:
(i) the Office of Recovery Services for use related to locating, establishing, and enforcing child, medical, and spousal support obligations and other services;
(ii) state agencies which use financial information in determining eligibility for public assistance programs;
(iii) state agencies which use financial information in collecting state accounts receivable; and
(iv) federal agencies responsible for periodic matches of new hire registry information with federal data bases.
(2) Information that is received under this chapter shall be kept by the department for at least six months.
Amended by Chapter 59, 2011 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 7 - Centralized New Hire Registry Act › Section 108 - Authorization to contract for services and collect funds.

35A-7-108.
Authorization to contract for services and collect funds.
(1) The department may contract for services to assist with the implementation of this chapter.
(2) The department, through contract with the Office of Recovery Services, may collect fees from state and federal agencies for performing data comparisons in accordance with Section 35A-4-106.
Enacted by Chapter 232, 1997 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 1 - Definitions › Section 101 - Definitions.

Effective 6/1/2022
35A-8-101.
Definitions.
As used in this chapter:
(1) "Accessible housing" means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(2) "Director" means the director of the division.
(3) "Division" means the Housing and Community Development Division.
(4) "Moderate income housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located.
(5) "Moderate income housing unit" means a housing unit that qualifies as moderate income housing.
Amended by Chapter 406, 2022 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 2 - Housing and Community Development Division › Section 201 - Housing and Community Development Division.

35A-8-201.
Housing and Community Development Division.
The Housing and Community Development Division is under the administration and general supervision of the director.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 2 - Housing and Community Development Division › Section 202 - Powers and duties of division.

Effective 7/1/2021
35A-8-202.
Powers and duties of division.
(1) The division shall:
(a) assist local governments and citizens in the planning, development, and maintenance of necessary public infrastructure and services;
(b) cooperate with, and provide technical assistance to, counties, cities, towns, regional planning commissions, area-wide clearinghouses, zoning commissions, parks or recreation boards, community development groups, community action agencies, and other agencies created for the purpose of aiding and encouraging an orderly, productive, and coordinated development of the state and its political subdivisions;
(c) assist the governor in coordinating the activities of state agencies which have an impact on the solution of community development problems and the implementation of community plans;
(d) serve as a clearinghouse for information, data, and other materials which may be helpful to local governments in discharging their responsibilities and provide information on available federal and state financial and technical assistance;
(e) carry out continuing studies and analyses of the problems faced by communities within the state and develop such recommendations for administrative or legislative action as appear necessary;
(f) assist in funding affordable housing;
(g) support economic development activities through grants, loans, and direct programs financial assistance;
(h) certify project funding at the local level in conformance with federal, state, and other requirements;
(i) utilize the capabilities and facilities of public and private universities and colleges within the state in carrying out its functions; and
(j) assist and support local governments, community action agencies, and citizens in the planning, development, and maintenance of home weatherization, energy efficiency, and antipoverty activities.
(2) The division may:
(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
(b) if any federal program requires the expenditure of state funds as a condition to participation by the state in any fund, property, or service, with the governor's approval, expend whatever funds are necessary out of the money provided by the Legislature for the use of the department;
(c) in accordance with Part 9, Domestic Violence Shelters, assist in developing, constructing, and improving shelters for victims of domestic violence, as described in Section 77-36-1, through loans and grants to nonprofit and governmental entities; and
(d) assist, when requested by a county or municipality, in the development of accessible housing.
Amended by Chapter 281, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 3 - Community Impact Fund Act › Section 301 - Legislative intent -- Purpose and policy.

Effective 5/5/2021
35A-8-301.
Legislative intent -- Purpose and policy.
(1) It is the intent of the Legislature to make available funds received by the state from federal mineral lease revenues under Section 59-21-2, bonus payments on federal oil shale lease tracts U-A and U-B, and all other bonus payments on federal mineral leases to be used for planning, construction and maintenance of public facilities, and provision of public service, subject to the limitations provided for in Section 35 of the Mineral Leasing Act of 1920 (41 Stat. 450, 30 U.S.C. Sec. 191).
(2) To the extent allowed under the Mineral Leasing Act, any ambiguity as to whether a particular use of the lease revenue and bonus payments described in Subsection (1) is a permissible use under this part shall be resolved in favor of upholding the use.
(3) The purpose of this part is to maximize the long term benefit of funds derived from these lease revenues and bonus payments by fostering funding mechanisms which will, consistent with sound financial practices, result in the greatest use of financial resources for the greatest number of citizens of this state, with priority given to those communities designated as impacted by the development of natural resources covered by the Mineral Leasing Act.
(4) The policy of this state is to promote cooperation and coordination between the state and the state's agencies and political subdivisions with individuals, firms, and business organizations engaged in the development of the natural resources of this state.
Amended by Chapter 339, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 3 - Community Impact Fund Act › Section 303 - Impact fund -- Deposits and contents -- Use of fund money.

35A-8-303.
Impact fund -- Deposits and contents -- Use of fund money.
(1) There is created an enterprise fund entitled the "Permanent Community Impact Fund."
(2) The fund consists of:
(a) all amounts appropriated to the impact fund under Section 59-21-2;
(b) bonus payments deposited to the impact fund under Subsection 59-21-1(2);
(c) all amounts appropriated to the impact fund under Section 53C-3-203;
(d) all amounts received for the repayment of loans made by the impact board under this chapter; and
(e) all other money appropriated or otherwise made available to the impact fund by the Legislature.
(3) The state treasurer shall:
(a) invest the money in the impact fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
(b) deposit all interest or other earnings derived from those investments into the impact fund.
(4) The amounts in the impact fund available for loans, grants, administrative costs, or other purposes of this part shall be limited to that which the Legislature appropriates for these purposes.
(5) Federal mineral lease revenue received by the state under the Leasing Act that is deposited into the impact fund shall be used:
(a) in a manner consistent with the provisions of:
(i) the Leasing Act; and
(ii) this part; and
(b) for loans, grants, or both to state agencies or subdivisions that are socially or economically impacted by the leasing of minerals under the Leasing Act.
(6) The money described in Subsection (2)(c) shall be used for grants to political subdivisions of the state to mitigate the impacts resulting from the development or use of school and institutional trust lands.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 3 - Community Impact Fund Act › Section 305 - Duties -- Loans -- Interest.

Effective 5/5/2021
35A-8-305.
Duties -- Loans -- Interest.
(1) The impact board shall:
(a) make grants and loans from the amounts appropriated by the Legislature out of the impact fund to state agencies, subdivisions, and interlocal agencies that are or may be socially or economically impacted, directly or indirectly, by mineral resource development for:
(i) planning;
(ii) construction and maintenance of public facilities; and
(iii) provision of public services;
(b) establish the criteria by which the loans and grants will be made;
(c) determine the order in which projects will be funded;
(d) in conjunction with other agencies of the state, subdivisions, or interlocal agencies, conduct studies, investigations, and research into the effects of proposed mineral resource development projects upon local communities;
(e) sue and be sued in accordance with applicable law;
(f) qualify for, accept, and administer grants, gifts, loans, or other funds from:
(i) the federal government; and
(ii) other sources, public or private; and
(g) perform other duties assigned to it under Sections 11-13-306 and 11-13-307.
(2) Money, including all loan repayments and interest, in the impact fund derived from bonus payments may be used for any of the purposes set forth in Subsection (1)(a) but may only be given in the form of interest bearing loans to be paid back into the impact fund by the agency, subdivision, or interlocal agency.
(3) The impact board may make a grant or loan under Subsection (1) regardless of whether the activity results in more than one impact or outcome, including an increase in natural resource development or an increase in economic development.
(4) If the public service described in Subsection (1)(a) is a contract with a public postsecondary institution described in Subsection 35A-8-302(9)(b)(iii), the contract shall be:
(a) based on an application to the impact board from the impacted county; and
(b) approved by the county legislative body.
Amended by Chapter 339, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 3 - Community Impact Fund Act › Section 306 - Powers.

Effective 5/14/2019
35A-8-306.
Powers.
The impact board may:
(1) appoint, where it considers this appropriate, a hearing examiner or administrative law judge with authority to conduct hearings, make determinations, and enter appropriate findings of facts, conclusions of law, and orders under authority of the impact board under Sections 11-13-306 and 11-13-307;
(2) appoint additional professional and administrative staff necessary to effectuate Sections 11-13-306 and 11-13-307;
(3) make independent studies regarding matters submitted to it under Sections 11-13-306 and 11-13-307 that the impact board, in its discretion, considers necessary, which studies shall be made a part of the record and may be considered in the impact board's determination; and
(4) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to perform the impact board's responsibilities under this part.
Amended by Chapter 89, 2019 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 3 - Community Impact Fund Act › Section 308 - Throughput Infrastructure Fund.

Effective 5/5/2021
35A-8-308.
Throughput Infrastructure Fund.
(1) There is created an enterprise fund known as the Throughput Infrastructure Fund.
(2) The fund consists of money generated from the following revenue sources:
(a) all amounts transferred to the fund by statute;
(b) any voluntary contributions received;
(c) appropriations made to the fund by the Legislature; and
(d) all amounts received from the repayment of loans made by the impact board under Section 35A-8-309.
(3) The state treasurer shall:
(a) invest the money in the fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
(b) deposit all interest or other earnings derived from those investments into the fund.
Amended by Chapter 367, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 3 - Community Impact Fund Act › Section 310 - Application -- Retroactivity.

Effective 5/5/2021
35A-8-310.
Application -- Retroactivity.
(1) The provisions of Laws of Utah 2021, Chapter 339, apply to any claim for which a court of competent jurisdiction has not issued a final unappealable judgment or order.
(2) The Legislature finds that the provisions of Laws of Utah 2021, Chapter 339:
(a) do not enlarge, eliminate, or destroy vested rights; and
(b) clarify legislative intent.
Revisor instructions Chapter 339, 2021 General Session
Enacted by Chapter 339, 2021 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 402 - Creation of housing authority authorized -- Procedure -- Registration as a limited purpose entity.

Effective 5/8/2018
35A-8-402.
Creation of housing authority authorized -- Procedure -- Registration as a limited purpose entity.
(1) The governing body of each public body of the state, except the state itself, may create an authority, corporate and politic, to be known as a "housing authority."
(2) The governing body of a city or county shall give consideration to the need for an authority:
(a) on its own motion; or
(b) upon the filing of a petition signed by 25 electors of the city or county asserting that there is need for an authority to function in the city or county and requesting that its governing body make a declaration to that effect.
(3) The governing body shall adopt a resolution declaring there is need for an authority and creating an authority in the city or county if it finds:
(a) that unsanitary or unsafe inhabited dwelling accommodations exist in the city or county; or
(b) that there is a shortage of safe and sanitary dwelling accommodations in the city or county available to persons of medium and low income at rentals or prices they can afford.
(4)
(a) In any suit, action, or proceeding involving the validity or enforcement of a contract of the authority, an authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of the resolution prescribed in Subsection (3).
(b) A copy of the resolution duly certified by the clerk shall be admissible in evidence in a suit, action, or proceeding.
(5) In counties of the third, fourth, fifth, and sixth class, the governing body of each public body of the state, except the state itself, may contract with or execute an interlocal agreement for services to be provided by an existing housing authority established in another political subdivision.
(6)
(a) Each housing authority shall register and maintain the housing authority's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(b) A housing authority that fails to comply with Subsection (6)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Amended by Chapter 256, 2018 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 403 - Indian housing authorities.

35A-8-403.
Indian housing authorities.
(1)
(a) There is created, with respect to each Indian tribe, band, or community in the state, a public body corporate and politic, to function in the operating area of the Indian tribe, band, or community to be known as the "housing authority" of the Indian tribe, band, or community, which is an agency of this state, possessing all powers, rights, and functions specified for city and county authorities created under this part.
(b) This Indian housing authority may not transact business or exercise its powers unless the governing council of the tribe, band, or community, by proper resolution, declares that there is a need for an authority to function for the tribe, band, or community.
(2)
(a) Except as otherwise provided in this part, the provisions of law applicable to housing authorities created for cities and counties and the commissioners of these authorities shall be applicable to Indian housing authorities and the commissioners of those authorities.
(b) The chief or other governing head of an Indian tribe, band, or community may exercise all appointing and other powers with respect to an Indian housing authority that are vested by this part in the mayor of a city relating to a city housing authority.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 404 - Commissioners -- Appointment -- Terms -- Quorum -- Meetings -- Employment of other officers and employees authorized.

35A-8-404.
Commissioners -- Appointment -- Terms -- Quorum -- Meetings -- Employment of other officers and employees authorized.
(1) If a housing authority is authorized to transact business and exercise powers under this part, not less than five nor more than seven people shall be appointed as commissioners of the authority:
(a) in the case of a city, by the mayor, with the advice and consent of the city's governing body; or
(b) in the case of a county, by the county's governing body.
(2)
(a) The commissioners first appointed under this part shall serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment.
(b) After the first commissioners are appointed under Subsection (2)(a), commissioners are appointed for a term of office of four years.
(c) Notwithstanding Subsections (2)(a) and (b), all vacancies are filled for the unexpired term.
(3) A commissioner qualifies by taking the official oath of office.
(4) A commissioner may not receive compensation except necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.
(5) A commissioner holds office until the commissioner's successor is appointed and qualified.
(6) A certificate of appointment or reappointment of a commissioner shall be:
(a) filed with the authority; and
(b) conclusive evidence of the appointment of the commissioner.
(7) The powers of each authority are vested in the commissioners.
(8)
(a) A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes notwithstanding the existence of any vacancies.
(b) The authority may take action upon a vote of a majority of the commissioners present, unless the bylaws of the authority require a larger number.
(9) Meetings of the commissioners of an authority may be held:
(a) anywhere within the area of operation of the authority; or
(b) within any area not described in Subsection (9)(a) in which the authority is authorized to undertake a project.
(10) The commissioners of an authority shall elect a chair and vice chair from the commissioners.
(11) An authority may employ an executive director, legal and technical experts, and other officers, agents, and employees, permanent and temporary, and shall determine their qualifications, duties, and compensation.
(12) An authority may delegate to one or more of its agents or employees any powers or duties the authority considers proper.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 405 - Disclosure of interest in project -- Restrictions.

35A-8-405.
Disclosure of interest in project -- Restrictions.
(1) A commissioner, officer, or employee of an authority, who has voluntarily acquired any of the following interests, shall disclose to the commissioners of the authority, as soon as the person has knowledge of the interest, the nature and extent of the interest:
(a) a present or future interest, direct or indirect, in a project;
(b) a present or future interest, direct or indirect, in a property included in or planned to be included in a project;
(c) a contract or proposed contract relating to a project; or
(d) any other transaction or agreement with the authority.
(2) The commissioners shall enter the particulars of the disclosure into the minutes of the authority.
(3) After a disclosure of interest, the commissioner, officer, or employee may participate in any discussions concerning proposed authority action on the property, contract, transaction, or agreement in which the person has an interest, but the commissioner, officer, or employee may not vote on any action proposed by the authority regarding that property, contract, transaction, or agreement.
(4) Commissioners, officers, and employees of an authority are not "public officers" for purposes of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 406 - Misconduct of commissioners -- Removal.

35A-8-406.
Misconduct of commissioners -- Removal.
(1) A commissioner of an authority may be removed by the mayor or, in the case of an authority for a county, by the body that appointed the commissioner for inefficiency, neglect of duty, or misconduct in office.
(2) A commissioner may be removed only after a hearing and after having been given a copy of the charges at least 10 days prior to the hearing and having an opportunity to be heard in person or by counsel.
(3) If a commissioner is removed, a record of the proceedings, together with the charges and findings, shall be filed in the office of the clerk.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 408 - Profit from projects prohibited -- Criteria for determining rentals and payments.

35A-8-408.
Profit from projects prohibited -- Criteria for determining rentals and payments.
(1) To accomplish the public, governmental, and charitable purposes of this part, the Legislature declares that:
(a) an authority manage and operate the authority's housing projects in an efficient manner to enable each housing project to provide decent, safe, and sanitary dwelling accommodations for persons of medium and low income and fix the rentals or payments for these accommodations for persons of low income at low rates; and
(b) an authority may not be operated as a source of revenue to the city or county.
(2) An authority shall fix the rentals or payments for dwellings in the authority's projects at no higher rates than the authority finds necessary in order to produce revenues that, together with all other available money, revenues, income, and receipts of the authority from whatever sources derived, including federal financial assistance necessary to maintain the low-rent character of the projects, is sufficient to:
(a) pay, as they become due, the principal and interest on the bonds of the authority;
(b) create and maintain reserves required to assure the payment of principal and interest as it becomes due on its bonds;
(c) meet the cost of, and provide for, maintaining and operating the projects, including necessary reserves and the cost of any insurance, and the administrative expenses of the authority; and
(d) make payments in lieu of taxes and, after payment in full of all obligations for which federal annual contributions are pledged, make repayments of federal and local contributions as it determines are consistent with the maintenance of the low-rent character of projects.
(3) Rentals or payments for dwellings shall be established and the projects administered, in so far as possible, to assure that any federal financial assistance required is strictly limited to amounts and periods necessary to maintain the low-rent character of the projects.
(4) Nothing in this section limits the amount an authority may charge for nondwelling facilities.
(5) All income and revenue described in this section shall be used in the operation of the projects to aid in accomplishing the public, governmental, and charitable purposes of this part.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 409 - Eligibility requirements for occupants -- Rights of obligee on default of authority.

35A-8-409.
Eligibility requirements for occupants -- Rights of obligee on default of authority.
(1) An authority shall make rules establishing eligibility requirements consistent with the purposes and objectives of this part for admission to and continued occupancy in its projects.
(2) Nothing contained in this section or in Section 35A-8-408 may be construed to limit the power of an authority, with respect to a housing project, to vest in an obligee the right, in case of a default by the authority, to take possession or cause the appointment of a receiver free from the restrictions imposed by this section or Section 35A-8-408.
Renumbered and Amended by Chapter 212, 2012 General Session
2023 Utah Code › Title 35A - Utah Workforce Services Code › Chapter 8 - Housing and Community Development Division › Part 4 - Housing Authorities › Section 410 - Penalties for fraudulently obtaining or continuing to receive housing assistance benefits.

35A-8-410.
Penalties for fraudulently obtaining or continuing to receive housing assistance benefits.
(1) A person may not knowingly, by misrepresentation, impersonation, or other fraudulent means, make a false statement to housing authority personnel or, after being accepted as a recipient of housing authority benefits, fail to disclose to housing authority personnel any:
(a) change in household composition;
(b) employment change;
(c) change in marital status;
(d) receipt of any other monetary assistance;
(e) receipt of in-kind gifts; or
(f) other material fact or change in circumstances that would affect the determination of that person's eligibility to receive housing assistance benefits, or would affect the amount of benefits for which the person is eligible.
(2) A person may not fail to disclose any of the information described in Subsection (1) for the purpose of obtaining or continuing to receive funds or other housing assistance benefits to which the person is not entitled, or in an amount larger than that to which the person is entitled.
(3) A person who has duties relating to the administration of a housing authority program may not fraudulently misappropriate funds or other assistance with which the person has been entrusted, or of which the person has gained possession by virtue of the person's position.
(4) A person may not knowingly:
(a) file or falsify a claim, report, or document required by state or federal law, or provider agreement, to obtain or attempt to obtain unauthorized housing assistance benefits under this part; or
(b) attempt to commit, or aid or abet the commission of, an act prohibited by this section.
(5) The punishment for violation of a provision of this section by a housing assistance recipient is determined by the cumulative value of the money or other benefits the person received from all instances of fraud committed by the person, and not by each separate instance of fraud.
(6) The punishment for the offenses of this section are:
(a) a second degree felony if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is equal to or exceeds $5,000;
(b) a third degree felony if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is equal to or greater than $1,500 but less than $5,000;
(c) a class A misdemeanor if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is equal to or greater than $500 but less than $1,500; or
(d) a class B misdemeanor if the value of the funds or other benefits received, misappropriated, claimed, or applied for, is less than $500.
Renumbered and Amended by Chapter 212, 2012 General Session