63J-7-203. Legislative review and approval of certain grant requests.
- (1) As used in this section:
- (a) “High impact grant” means a grant that will or could:
- (i) result in the state receiving total payments of $1,000,000 or more per year from the grantor;
- (ii) require the state to add 11 or more permanent full-time employees, 11 or more permanent part-time employees, or combination of permanent full-time employees and permanent part-time employees equal to 11 or more in order to receive the grant; or
- (iii) require the state to expend more than $1,000,000 of new state money in a fiscal year in order to receive or administer the grant.
- (b) “Medium impact grant” means a grant that will or could:
- (i) result in the state receiving total payments of more than $50,000 but less than $1,000,000 per year from the grantor;
- (ii) require the state to add more than zero but less than 11 permanent full-time employees, more than zero but less than 11 permanent part-time employees, or a combination of permanent full-time employees and permanent part-time employees equal to more than zero but less than 11 in order to receive or administer the grant; or
- (iii) require the state to expend $1 to $1,000,000 of new state money in a fiscal year in order to receive or administer the grant.
- (a) “High impact grant” means a grant that will or could:
- (2)
- (a) Before obligating the state to accept or receive a medium impact grant, and, where possible, before formally submitting a request for a medium impact grant to the grantor, an agency shall:
- (i) submit the grant summary to the governor or the Judicial Council, as appropriate, for approval or rejection; and
- (ii) if the governor or Judicial Council approves the grant, submit the grant summary to the Legislative Executive Appropriations Committee for its review and recommendations.
- (b) The Legislative Executive Appropriations Committee shall review the grant summary and may:
- (i) recommend that the agency accept the grant;
- (ii) recommend that the agency not accept the grant; or
- (iii) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the acceptance of the grant.
- (a) Before obligating the state to accept or receive a medium impact grant, and, where possible, before formally submitting a request for a medium impact grant to the grantor, an agency shall:
- (3)
- (a) Before obligating the state to accept or receive a high impact grant, and, where possible, before formally submitting a request for a high impact grant to the grantor, an agency shall:
- (i) submit the grant summary to the governor or Judicial Council, as appropriate, for approval or rejection; and
- (ii) if the governor or Judicial Council approves the grant, submit the grant summary to the Legislature for its approval or rejection in an annual general session or a special session.
- (b)
- (i) If the Legislature approves the grant, the agency may accept the grant.
- (ii) If the Legislature fails to approve the grant, the agency may not accept the grant.
- (c) If an agency fails to obtain the Legislature’s approval under this Subsection (3):
- (i) the governor or Judicial Council, as appropriate, may require the agency to return the grant;
- (ii) the Legislature may direct the agency to return the grant to the grantor; or
- (iii) the Legislature may reduce the agency’s appropriation in an amount less than, equal to, or greater than the amount of the grant received by the agency.
- (a) Before obligating the state to accept or receive a high impact grant, and, where possible, before formally submitting a request for a high impact grant to the grantor, an agency shall:
Enacted by Chapter 195, 2008 General Session