H.B. 360

1

CHILDREN'S JUSTICE CENTER PROGRAM
2 AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Scott Daniels
6 This act adds provisions allowing the attorney general to establish satellite offices for
7 Children's Justice Centers and adds Emery and Wasatch counties to the list of counties in
8 which a Children's Justice Center shall be established. h h [ [ ] The act also requires that the [ ] ] h
9 [Legislature provide for cost of living increases in the] h governor make separate
9a recommendations in the budget for [[] Children's Justice Centers'[]]
9b through the attorney general's office . h h [personnel
10 budget if it provides for a cost of living increase for other state employees.] h
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
12a h 63-38-2,as last amended by Chapter 339, Laws of Utah 2000 h
13 67-5b-102, as last amended by Chapter 320, Laws of Utah 1999
14 h [ 67-5b-103, as enacted by Chapter 192, Laws of Utah 1994 ] h
15 Be it enacted by the Legislature of the state of Utah:
15a h Section 1. Section 63-38-2 is amended to read:
15b 63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation -- Appropriations
15c based on current tax laws and not to exceed estimated revenues.
15d (1) (a) The governor shall, within three days after the convening of the Legislature in the
15e annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
15f officer of each house of the Legislature together with a schedule for all of the proposed
15g appropriations of the budget, clearly itemized and classified.
15h (b) The budget message shall include a projection of estimated revenues and expenditures for
15i the next fiscal year.
15j (2) At least 34 days before the submission of any budget, the governor shall deliver a
15k confidential draft copy of his proposed budget recommendations to the Office of the Legislative Fiscal
15l Analyst.
15m (3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
15n revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
15o (b) The budget may be accompanied by a separate document showing proposed expenditures
15p and estimated revenues based on changes in state tax laws or rates. h

15q h (4) The budget shall be accompanied by a statement showing:
15r (a) the revenues and expenditures for the last fiscal year;
15s (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds of
15t the state;
15u (c) an estimate of the state's financial condition as of the beginning and the end of the period
15v covered by the budget;
15w (d) a complete analysis of lease with an option to purchase arrangements entered into by
15x state agencies;
15y (e) the recommendations for each state agency for new full-time employees for the next fiscal
15z year; which recommendation should be provided also to the State Building Board under Subsection
15aa 63A-5-103(2);
15ab (f) any explanation the governor may desire to make as to the important features of the
15ac budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
15ad revenue; and
15ae (g) the information detailing certain regulatory fee increases required by Section 63-38-3.2.
15af (5) The budget shall include an itemized estimate of the appropriations for:
15ag (a) the Legislative Department as certified to the governor by the president of the Senate and
15ah the speaker of the House;
15ai (b) the Executive Department;
15aj (c) the Judicial Department as certified to the governor by the state court administrator;
15ak (d) payment and discharge of the principal and interest of the indebtedness of the state of
15al Utah;
15am (e) the salaries payable by the state under the Utah Constitution or under law for the lease
15an agreements planned for the next fiscal year;
15ao (f) other purposes that are set forth in the Utah Constitution or under law; and
15ap (g) all other appropriations.
15aq (6) Deficits or anticipated deficits shall be included in the budget.
15ar (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
15as from the proper state officials, including public and higher education officials, all heads of executive
15at and administrative departments and state institutions, bureaus, boards, commissions, and agencies
15au expending or supervising the expenditure of the state moneys, and all institutions applying for state
15av moneys and appropriations, itemized estimates of revenues and expenditures. The entities required
15aw by this Subsection (7)(a)(i) to submit itemized estimates of revenues and expenditures to the
15ax governor, shall also report to the Utah Information Technology Commission created in Title 63D,
15ay Chapter 1, before October 30 of each year. The report to the Information Technology Commission
15az shall include the proposed information technology expenditures and objectives, the proposed
15ba appropriation requests and other sources of revenue necessary to fund the proposed expenditures
15bb and an analysis of:
15bc (A) the entity's need for appropriations for information technology;
15bd (B) how the entity's development of information technology coordinates with other state or
15be local government entities;
15bf (C) any performance measures used by the entity for implementing information technology
15bg goals; and h

15bh h (D) any efforts to develop public/private partnerships to accomplish information technology
15bi goals.
15bj (ii) (A) The governor may also require other information under these guidelines and at times
15bk as the governor may direct.
15bl (B) These guidelines may include a requirement for program productivity and performance
15bm measures, where appropriate, with emphasis on outcome indicators.
15bn (b) The estimate for the Legislative Department as certified by the presiding officers of both
15bo houses shall be included in the budget without revision by the governor. Before preparing the
15bp estimates for the Legislative Department, the Legislature shall report to the Information Technology
15bq Commission the proposed information technology expenditures and objectives, the proposed
15br appropriation requests and other sources of revenue necessary to fund the proposed expenditures,
15bs including an analysis of:
15bt (i) the Legislature's implementation of information technology goals;
15bu (ii) any coordination of information technology with other departments of state and local
15bv government;
15bw (iii) any efforts to develop public/private partnerships to accomplish information technology
15bx goals; and
15by (iv) any performance measures used by the entity for implementing information technology
15bz goals.
15ca (c) The estimate for the Judicial Department, as certified by the state court administrator, shall
15cb also be included in the budget without revision, but the governor may make separate
15cc recommendations on it. Before preparing the estimates for the Judicial Department, the state court
15cd administrator shall report to the Information Technology Commission the proposed information
15ce technology expenditures and objectives, the proposed appropriation requests and other sources of
15cf revenue necessary to fund the proposed expenditures, including an analysis of:
15cg (i) the Judicial Department's information technology goals;
15ch (ii) coordination of information technology statewide between all courts;
15ci (iii) any efforts to develop public/private partnerships to accomplish information technology
15cj goals; and
15ck (iv) any performance measures used by the entity for implementing information technology
15cl goals.
15cm (d) Before preparing the estimates for the State Office of Education, the state superintendent
15cn shall report to the Information Technology Commission the proposed information technology
15co expenditures and objectives, the proposed appropriation requests and other sources of revenue
15cp necessary to fund the proposed expenditures, including an analysis of:
15cq (i) the Office of Education's information technology goals;
15cr (ii) coordination of information technology statewide between all public schools;
15cs (iii) any efforts to develop public/private partnerships to accomplish information technology
15ct goals; and
15cu (iv) any performance measures used by the Office of Education for implementing information
15cv technology goals.
15cw (e) Before preparing the estimates for the state system of Higher Education, the commissioner
15cx shall report to the Information Technology Commission the proposed information technology h

15cy h expenditures and objectives, the proposed appropriation requests and other sour ces of revenue
15cz necessary to fund the proposed expenditure s, including an analysis of:
15da (i) Higher Education's information technology goals;
15db (ii) coordination of information technology statewide within the state system of higher
15dc education;
15dd (iii) any efforts to develop public/private partnerships to accomplish information technology
15de goals; and
15df (iv) any performance measures used by the state system of higher education for
15dg implementing information technology goals.
15dh (f) The governor may require the attendance at budget meetings of representatives of public
15di and higher education, state departments and institutions, and other institutions or individuals
15dj applying for state appropriations.
15dk (g) The governor may revise all estimates, except those relating to the Legislative Department,
15dl the Judicial Department, and those providing for the payment of principal and interest to the state
15dm debt and for the salaries and expenditures specified by the Utah Constitution or under the laws of the
15dn state.
15do (8) The total appropriations requested for expenditures authorized by the budget may not
15dp exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal year.
15dq (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
15dr not affect the budget itself or any other item in it.
15ds (10) (a) In submitting the [budget] BUDGETS for the Departments of Health and Human
15dt Services AND THE OFFICE OF THE ATTORNEY GENERAL, the governor shall consider a separate
15du recommendation in his budget for funds to be contracted to:
15dv (i) local mental health authorities under Section 17A-3-606;
15dw (ii) local substance abuse authorities under Section 62A-8-110.5;
15dx (iii) area agencies under Section 62A-3-104.2;
15dy (iv) programs administered directly by and for operation of the Divisions of Mental Health,
15dz Substance Abuse, and Aging and Adult Services; [and]
15ea (v) local health departments under Title 26A, Chapter 1, Local Health Departments[.] ; AND
15eb (vi) COUNTIES FOR THE OPERATION OF CHILDREN'S JUSTICE CENTERS UNDER SECTION
15ec 67-5b-102.
15ed (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
15ee shall consider an amount sufficient to grant local health departments, local mental health authorities,
15ef local substance abuse authorities, and area agencies the same percentage increase for wages and
15eg benefits that he includes in his budget for persons employed by the state.
15eh (c) If the governor does not include in his budget an amount sufficient to grant the increase
15ei described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason for
15ej not including that amount.
15ek (11) (a) In submitting the budget for the Division of Services for People with Disabilities,
15el the Division of Child and Family Services, and the Division of Youth Corrections within the
15em Department of Human Services, the governor shall consider an amount sufficient to grant employees
15en of corporations that provide direct services under contract with those divisions, the same percentage
15eo increase for cost-of-living that he includes in his budget for persons employed by the state. h

15ep h (b) If the governor does not include in his budget an amount sufficient to grant the increase
15eq described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason for
15er not including that amount.
15es (12) (a) The Families, Agencies, and Communities Together Council may propose to the
15et governor under Subsection 63-75-4(4)(e) a budget recommendation for collaborative service delivery
15eu systems operated under Section 63-75-6.5.
15ev (b) The Legislature may, through a specific program schedule, designate funds appropriated
15ew for collaborative service delivery systems operated under Section 63-75-6.5.
15ex (13) The governor shall include in his budget the state's portion of the budget for the Utah
15ey Communications Agency Network established in Title 63C, Chapter 7, Utah Communications Agency
15ez Network Act. h
16 Section h [ 1. ] 2. h Section 67-5b-102 is amended to read:
17 67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of center.
18 (1) (a) There is established a program that provides a comprehensive, multidisciplinary,
19 nonprofit, intergovernmental response to sexual abuse of children and serious physical abuse of
20 children in a facility known as a Children's Justice Center.
21 (b) The attorney general shall administer the program.
22 (c) The attorney general shall:
23 (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103 ;
24 (ii) administer applications for state and federal grants;
25 (iii) staff the Advisory Board on Children's Justice;
26 (iv) assist in the development of new centers; and
27 (v) coordinate services between centers.

28 (2) (a) The attorney general shall establish Children's Justice Centers or satellite offices
29 in Cache County, Carbon County, Davis County, Duchesne County, Emery County, Grand County,
30 Salt Lake County, Tooele County, Uintah County, Utah County, Wasatch County, Washington
31 County, and Weber County.
32 (b) The attorney general may establish other centers within a county and in other counties
33 of the state.
34 (3) The attorney general and each center shall fulfill the statewide purpose of each center
35 by:
36 (a) minimizing the time and duplication of effort required to investigate, prosecute, and
37 initiate treatment for the abused child in the state;
38 (b) facilitating the investigation of the alleged offense against the abused child;
39 (c) conducting interviews of abused children and their families in a professional manner;
40 (d) obtaining reliable and admissible information which can be used effectively in criminal
41 and child protection proceedings in the state;
42 (e) coordinating and tracking:
43 (i) the use of limited medical and psychiatric services;
44 (ii) investigation of the alleged offense;
45 (iii) preparation of prosecution;
46 (iv) treatment of the abused child and family; and
47 (v) education and training of persons who provide services to the abused child and its
48 family in the state;
49 (f) expediting the processing of the case through the courts in the state;
50 (g) protecting the interest of the abused child and the community in the state;
51 (h) reducing trauma to the abused child in the state;
52 (i) enhancing the community understanding of sexual abuse of children and serious
53 physical abuse of children in the state; and
54 (j) providing as many services as possible that are required for the thorough and effective
55 investigation of child abuse cases.
56 (4) To assist a center in fulfilling the requirements and statewide purposes as provided in
57 Subsection (3), each center may obtain access to any relevant juvenile court legal records and adult
58 court legal records, unless sealed by the court.

59 (5) The statewide purpose of this chapter is to establish a program that provides a
60 comprehensive, multidisciplinary, nonprofit, intergovernmental response to sexual abuse of
61 children and serious physical abuse of children in a facility known as a` Children's Justice Center.
62 h [ Section 2. Section 67-5b-103 is amended to read:
63 67-5b-103. Appropriation and funding.
64 (1) Funding for centers under this section is intended to be broad-based, provided by a line
65 item appropriation by the Legislature to the attorney general, and is intended to include federal
66 grant monies, local government monies, and private donations.
67 (2) The money appropriated shall be used to contract with intergovernmental bodies that
68 qualify under Section 67-5b-104 to provide a comprehensive, multidisciplinary, nonprofit,
69 intergovernmental response to abused children and to cover administrative costs of coordination
70 of the centers' operations.
71 (3) If the Legislature authorizes an appropriation for a cost of living allowance for state
72 employees, an equal percentage shall be authorized to the Children's Justice Center Program for
73 the percentage of personnel costs included in the Children's Justice Center Program's total
74 appropriation. ] h




Legislative Review Note
as of 1-30-01 9:30 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel