H.B. 179

1

COUNTY HUMAN SERVICES PROGRAM AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Sheryl L. Allen
5 AN ACT RELATING TO COUNTIES AND TO HUMAN SERVICES; RENUMBERING CODE
6 SECTIONS GOVERNING COUNTY MENTAL HEALTH AND SUBSTANCE ABUSE
7 PROGRAMS; CLARIFYING THE RESPONSIBILITIES OF COUNTIES REGARDING
8 THOSE PROGRAMS; MODIFYING RESPONSIBILITIES OF THE DIVISION OF MENTAL
9 HEALTH; AND MAKING TECHNICAL AMENDMENTS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 62A-8-107, as last amended by Chapter 30, Laws of Utah 1992
13 62A-8-110.5, as enacted by Chapter 181, Laws of Utah 1990
14 62A-8-110.7, as last amended by Chapter 30, Laws of Utah 1992
15 62A-8-202, as last amended by Chapter 1, Laws of Utah 1996
16 62A-12-104, as last amended by Chapter 30, Laws of Utah 1992
17 62A-12-105, as last amended by Chapter 30, Laws of Utah 1992
18 62A-12-202, as last amended by Chapter 285, Laws of Utah 1993
19 62A-12-289, as last amended by Chapter 234, Laws of Utah 1996
20 63-38-2, as last amended by Chapter 136, Laws of Utah 1996
21 63A-9-701, as enacted by Chapter 334, Laws of Utah 1996
22 ENACTS:
23 17-5-301, Utah Code Annotated 1953
24 17-5-302, Utah Code Annotated 1953
25 17-5-401, Utah Code Annotated 1953
26 17-5-402, Utah Code Annotated 1953
27 RENUMBERS AND AMENDS:

1 17-5-303, (Renumbered from 17A-3-602, as enacted by Chapter 181, Laws of Utah 1990)
2 17-5-304, (Renumbered from 17A-3-601, as renumbered and amended by Chapter 186, Laws
3 of Utah 1990)
4 17-5-305, (Renumbered from 17A-3-603, as enacted by Chapter 181, Laws of Utah 1990)
5 17-5-306, (Renumbered from 17A-3-606, as last amended by Chapter 181 and renumbered and
6 amended by Chapter 186, Laws of Utah 1990)
7 17-5-307, (Renumbered from 17A-3-607, as last amended by Chapter 181 and renumbered and
8 amended by Chapter 186, Laws of Utah 1990)
9 17-5-308, (Renumbered from 17A-3-610, as last amended by Chapter 181 and renumbered and
10 amended by Chapter 186, Laws of Utah 1990)
11 17-5-403, (Renumbered from 17A-3-701, as last amended by Chapter 30, Laws of Utah 1992)
12 17-5-404, (Renumbered from 17A-3-702, as last amended by Chapter 181 and renumbered and
13 amended by Chapter 186, Laws of Utah 1990)
14 62A-12-290, (Renumbered from 17A-3-611, as renumbered and amended by Chapter 186,
15 Laws of Utah 1990)
16 REPEALS:
17 17-5-275, as renumbered and amended by Chapter 147, Laws of Utah 1994
18 17A-3-612, as renumbered and amended by Chapter 186, Laws of Utah 1990
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 17-5-301 is enacted to read:
21 17-5-301. Definitions.
22 As used in this part:
23 (1) "Board" means the Board of Mental Health within the Department of Human Services.
24 (2) "Division" means the Division of Mental Health within the Department of Human
25 Services.
26 Section 2. Section 17-5-302 is enacted to read:
27 17-5-302. County responsibilities to provide mental health services.
28 The county legislative body of each county shall provide mental health services in
29 accordance with this part and Title 62A, Chapter 12.
30 Section 3. Section 17-5-303, which is renumbered from Section 17A-3-602 is renumbered
31 and amended to read:

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1 [17A-3-602]. 17-5-303. Local mental health authorities -- Responsibilities.
2 (1) All county [governing] legislative bodies in this state are local mental health
3 authorities. Within [legislative] appropriations from the Legislature and county matching funds
4 required by this section, and under the policy direction of the board and the administrative
5 direction of the division, local mental health authorities shall provide mental health services to
6 persons within their respective counties.
7 (2) Two or more county [governing] legislative bodies may join to provide mental health
8 prevention and treatment services. [(2)] The [governing] legislative bodies may establish
9 acceptable ways of apportioning the [cost of mental health services] county fund match required
10 under Subsection (3)(j). Any agreement for joint mental health services may designate the
11 treasurer of one of the participating counties as the custodian of moneys available for those joint
12 services, and that the designated treasurer, or other disbursing officer, may make payments from
13 those moneys for such purposes upon audit of the appropriate auditing officer or officers
14 representing the participating counties. The agreement may provide for:
15 (a) joint operation of services and facilities or for operation of services and facilities under
16 contract by one participating local mental health authority for other participating local mental
17 health authorities; and
18 (b) allocation of appointments of members of the mental health advisory council between
19 or among participating counties.
20 (3) Local mental health authorities shall:
21 (a) review and evaluate mental health needs and services;
22 (b) annually prepare and submit to the division a plan for mental health funding and
23 service delivery. The plan shall include, but is not limited to, the following:
24 (i) inpatient care and services;
25 (ii) residential care and services;
26 (iii) day treatment and psychosocial rehabilitation;
27 (iv) outpatient care and services;
28 (v) 24-hour crisis care and services;
29 (vi) outreach care and services;
30 (vii) follow-up care and services;
31 (viii) screening for referral services;

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1 (ix) consultation and education services, including but not limited to, case consultation,
2 public education, and public information; and
3 (x) case management;
4 (c) establish and maintain, either directly or by contract, programs licensed under Title
5 62A, Chapter 2;
6 (d) appoint directly or by contract a full-time or part-time director for mental health
7 programs and prescribe his duties;
8 (e) provide input and comment on new and revised policies established by the board;
9 (f) establish or require contractors to establish administrative, clinical, personnel, and
10 management policies regarding mental health services and facilities, in accordance with the
11 policies of the board;
12 (g) establish mechanisms to provide direct citizen input; [and]
13 (h) comply with all applicable state and federal statutes, policies, audit requirements, and
14 any directives resulting from those audits, and contract requirements;
15 (i) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
16 Cooperation Act, and with the requirements and procedures of Title 51, Chapter 2; and
17 [(i)] (j) provide funding, equal to at least 20% of the state funds that it receives [to fund]
18 under the formula established pursuant to Section 62A-12-105, for the services described in the
19 plan[; and].
20 [(j) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
21 Cooperation Act, and with the requirements and procedures of Title 51, Chapter 2.]
22 (4) Before disbursing any public funds, local mental health authorities shall require that
23 all entities that receive any public funds agree in writing that:
24 (a) the division may examine the entity's financial records; and
25 (b) the county auditor may examine and audit the entity's financial records if requested to
26 do so by the local mental health authority.
27 (5) Local mental health authorities may receive property, grants, gifts, supplies, materials,
28 contributions, and any benefit derived therefrom, for mental health services. If those gifts are
29 conditioned upon their use for a specified service or program, they shall be so used.
30 Section 4. Section 17-5-304, which is renumbered from Section 17A-3-601 is renumbered
31 and amended to read:

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1 [17A-3-601]. 17-5-304. Local mental health advisory councils -- Powers and
2 responsibilities.
3 Local mental health advisory councils may be established throughout the state. Their
4 composition, purposes, duties, powers, and reimbursement shall be as follows:
5 (1) they may be established in each county, either separately or in conjunction with other
6 counties;
7 (2) mental health advisory council members shall be appointed by their respective county
8 [commissions] legislative bodies. Initially one-fourth of the members shall be appointed for one
9 year, one-fourth for two years, one-fourth for three years, and one-fourth for four years. After the
10 initial appointment, the term of each member shall be for four years. Vacancies shall be filled in
11 the same manner as for unexpired terms. Council members may be removed for cause;
12 (3) they shall be responsible and advisory to local mental health authorities in planning,
13 organizing, and operating community mental health programs;
14 (4) council members shall be selected from persons representative of interested groups in
15 the community, including, where possible, an officer or employee of the school district within the
16 city or county; one or more persons familiar with problems in mental health, as these are involved
17 in proceedings in criminal, domestic, or juvenile courts; one or more members of voluntary health,
18 welfare, or mental health associations or agencies; and at least one person licensed in this state to
19 practice medicine and surgery in all their branches and engaged in the private practice of medicine;
20 (5) council members may be reimbursed for actual and necessary expenses incurred in the
21 performance of official duties, from funds made available to local mental health authorities; and
22 (6) councils shall be agencies of local mental health authorities, and are subject to laws
23 and requirements relating to those authorities.
24 Section 5. Section 17-5-305, which is renumbered from Section 17A-3-603 is renumbered
25 and amended to read:
26 [17A-3-603]. 17-5-305. Local mental health authorities -- Requirements prior
27 to distributing public funds.
28 (1) The local mental health authority shall award all public funds by complying with the
29 requirements of Title 63, Chapter 56, Utah Procurement Code, or by complying with a county
30 procurement ordinance which requires similar procurement practices.
31 (2) If all initial bids on the project are rejected, the authority shall publish a new invitation

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1 to bid in the manner specified in this subsection. If no satisfactory bid is received by the authority
2 when the bids received from the second invitation are opened, the authority may execute a contract
3 without requiring competitive bidding.
4 (3) (a) For purposes of this subsection, "governmental entity" means any political
5 subdivision or institution of higher education of the state.
6 (b) The local mental health authority need not comply with the procurement provisions
7 of this section when it disburses public funds to other governmental entities.
8 (4) Contracts awarded by a local mental health authority shall be for a fixed amount and
9 limited period. Contracts may be modified due to changes in available funding for the same
10 contract purpose without competition.
11 Section 6. Section 17-5-306, which is renumbered from Section 17A-3-606 is renumbered
12 and amended to read:
13 [17A-3-606]. 17-5-306. Contracts for mental health services provided by local
14 mental health authorities.
15 Where a local mental health authority has established a plan to provide services authorized
16 by this part, and those services meet standards fixed by rules of the board, the local mental health
17 authority may enter into a contract with the division for mental health services to be furnished by
18 that local mental health authority for an agreed compensation to be paid by the division.
19 Section 7. Section 17-5-307, which is renumbered from Section 17A-3-607 is renumbered
20 and amended to read:
21 [17A-3-607]. 17-5-307. Responsibility for cost of services provided by local
22 mental health authority.
23 Whenever a local mental health authority, through its designated provider, provides any
24 service described in Subsection [17A-3-602] 17-5-303(3)(b) to a person who resides within the
25 jurisdiction of another local mental health authority, the local mental health authority in whose
26 jurisdiction the person resides is responsible for the cost of that service if its designated provider
27 has authorized the provision of that service.
28 Section 8. Section 17-5-308, which is renumbered from Section 17A-3-610 is renumbered
29 and amended to read:
30 [17A-3-610]. 17-5-308. Authority to receive funds.
31 Local mental health authorities, and entities that contract with those authorities to provide

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1 mental health services, may receive funds made available by federal, state, or local health, mental
2 health, education, welfare, or other agencies.
3 Section 9. Section 17-5-401 is enacted to read:
4 17-5-401. Definitions.
5 As used in this part:
6 (1) "Board" means the Board of Substance Abuse within the Department of Human
7 Services.
8 (2) "Division" means the Division of Substance Abuse within the Department of Human
9 Services.
10 Section 10. Section 17-5-402 is enacted to read:
11 17-5-402. County responsibility to provide substance abuse services.
12 The county legislative body of each county shall provide substance abuse services in
13 accordance with this part and Title 62A, Chapter 8.
14 Section 11. Section 17-5-403, which is renumbered from Section 17A-3-701 is
15 renumbered and amended to read:
16 [17A-3-701]. 17-5-403. Local substance abuse authorities -- Responsibilities.
17 (1) All county [governing] legislative bodies in this state are local substance abuse
18 authorities. Within [legislative] appropriations from the Legislature and county matching funds
19 required by this section, and under the policy direction of the board and the administrative
20 direction of the division, local substance abuse authorities shall provide substance abuse services
21 to residents of their respective counties.
22 (2) Two or more county [governing] legislative bodies may join to provide substance
23 abuse prevention and treatment services. [(2)] The [governing] legislative bodies may establish
24 acceptable ways of apportioning the [cost of substance abuse services] county fund match required
25 under Subsection (3)(j). Any agreement for joint substance abuse services may designate the
26 treasurer of one of the participating counties as the custodian of moneys available for those joint
27 services, and that the designated treasurer, or other disbursing officer, may make payments from
28 those moneys for such purposes upon audit of the appropriate auditing officer or officers
29 representing the participating counties. The agreement may provide for joint operation of services
30 and facilities or for operation of services and facilities under contract by one participating local
31 substance abuse authority for other participating local substance abuse authorities.

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1 (3) Local substance abuse authorities shall:
2 (a) review and evaluate substance abuse prevention and treatment needs and services;
3 (b) annually prepare and submit a plan to the division for funding and service delivery; the
4 plan shall include, but is not limited to, primary prevention, targeted prevention, early intervention,
5 and treatment services;
6 (c) establish and maintain, either directly or by contract, programs licensed under Title
7 62A, Chapter 2;
8 (d) appoint directly or by contract, a full or part time director for substance abuse
9 programs, and prescribe his duties;
10 (e) provide input and comment on new and revised policies established by the board;
11 (f) establish or require contractors to establish administrative, clinical, personnel, and
12 management policies regarding substance abuse services and facilities, in accordance with the
13 policies of the board;
14 (g) establish mechanisms to provide direct citizen input;
15 (h) comply with all applicable state and federal statutes, policies, audit requirements, and
16 any directives resulting from those audits and contract requirements;
17 (i) promote or establish programs for the prevention of substance abuse within the
18 community setting through community-based prevention programs;
19 (j) provide funding equal to at least 20% of the state funds that it receives to fund services
20 described in the plan; and
21 (k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
22 Cooperation Act, and with the requirements and procedures of Title 51, Chapter 2.
23 (4) Before disbursing any public funds, local substance abuse authorities shall require that
24 all entities that receive any public funds agree in writing that:
25 (a) the division may examine the entity's financial records; and
26 (b) the county auditor may examine and audit the entity's financial records if requested to
27 do so by the local substance abuse authority.
28 (5) Local substance abuse authorities may receive property, grants, gifts, supplies,
29 materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
30 gifts are conditioned upon their use for a specified service or program, they shall be so used.
31 Section 12. Section 17-5-404, which is renumbered from Section 17A-3-702 is

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1 renumbered and amended to read:
2 [17A-3-702]. 17-5-404. Local substance abuse authorities - Requirements
3 prior to distributing public funds.
4 (1) The local substance abuse authority shall award all public funds, by complying with
5 the requirements of Title 63, Chapter 56, Utah Procurement Code, or by complying with a county
6 procurement ordinance that requires similar procurement practices.
7 (2) If all initial bids on the project are rejected, the authority shall publish a new invitation
8 to bid. If no satisfactory bid is received by the authority when the bids received from the second
9 invitation are opened, the authority may execute a contract without requiring competitive bidding.
10 (3) (a) For purposes of this subsection, "governmental entity" means any political
11 subdivision or institution of higher education of the state.
12 (b) The local substance abuse authority need not comply with the procurement provisions
13 of this section when it disburses public funds to other governmental entities.
14 (4) Contracts awarded by a local substance abuse authority shall be for a fixed amount and
15 limited period. Contracts may be modified due to changes in available funding for the same
16 contract purpose without competition.
17 Section 13. Section 62A-8-107 is amended to read:
18 62A-8-107. Authority and responsibilities of board.
19 The board is the policymaking body for the division and for programs funded with state
20 and federal moneys under Sections [17A-3-701] 17-5-403 and 62A-8-110.5. The board has the
21 following duties and responsibilities:
22 (1) in establishing policy, the board shall seek input from local substance abuse authorities,
23 consumers, providers, advocates, division staff, and other interested parties as determined by the
24 board;
25 (2) to establish, by rule, minimum standards for local substance abuse authorities;
26 (3) to establish, by rule, procedures for developing its policies which ensure that local
27 substance abuse authorities are given opportunity to comment and provide input on any new policy
28 of the board or proposed changes in existing policy of the board;
29 (4) the board shall also provide a mechanism for review of its existing policy, and for
30 consideration of policy changes that are proposed by local substance abuse authorities; and
31 (5) to develop program policies, standards, rules, and fee schedules for the division.

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1 Section 14. Section 62A-8-110.5 is amended to read:
2 62A-8-110.5. Contracts for substance abuse services provided by local substance
3 abuse authorities.
4 (1) When a local substance abuse authority has established a plan to provide services
5 authorized by this part, and those services meet standards fixed by rules of the board, the local
6 substance abuse authority may enter into a contract with the division for substance abuse services,
7 to be furnished by that local substance abuse authority for an agreed compensation to be paid by
8 the division.
9 (2) Since it is the division's responsibility under Section 62A-8-103 to contract with,
10 review, and approve local substance abuse authority plans, and to withhold funds from local
11 substance abuse authorities and public and private providers for contract noncompliance, the
12 division shall:
13 (a) require each local substance abuse authority to submit its plan to the division by May
14 1 of each year; and
15 (b) conduct an annual program audit and review of each local substance abuse authority
16 in the state and its contract provider, and report to the Human Services Interim Committee
17 regarding that audit on or before December 1 of each year through December 2000.
18 Section 15. Section 62A-8-110.7 is amended to read:
19 62A-8-110.7. Responsibility for cost of services provided by local substance abuse
20 authority.
21 Whenever a local substance abuse authority, through its designated provider, provides any
22 service described in Subsection [17A-3-701] 17-5-403(3) to a person who resides within the
23 jurisdiction of another local substance abuse authority, the local substance abuse authority in
24 whose jurisdiction the person resides is responsible for the cost of that service if its designated
25 provider has authorized the provision of that service.
26 Section 16. Section 62A-8-202 is amended to read:
27 62A-8-202. Definitions.
28 As used in this part:
29 (1) "Juvenile substance abuse offender" means any juvenile found to come within the
30 provisions of Section 78-3a-104 for a drug or alcohol related offense, as designated by the Board
31 of Juvenile Court Judges.

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1 (2) "Local substance abuse authority" means a county legislative body designated to
2 provide substance abuse services in accordance with Section [17A-3-701] 17-5-403.
3 (3) "Teen substance abuse school" means any school established by the local substance
4 abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an
5 educational, interpersonal, skill-building experience for juvenile substance abuse offenders and
6 their parents or legal guardians.
7 Section 17. Section 62A-12-104 is amended to read:
8 62A-12-104. Board of Mental Health -- Authority and responsibilities -- Powers and
9 duties of board.
10 (1) At least one member of the board shall be a psychiatrist licensed to practice in this
11 state.
12 (2) The board is the program policymaking body for the division and for programs funded
13 with state and federal moneys under Sections [17A-3-602] 17-5-303 and [17A-3-606] 17-5-306.
14 The board shall:
15 (a) establish, by rule, minimum standards for local mental health authorities;
16 (b) in establishing policy, seek input from local mental health authorities, consumers,
17 providers, advocates, division staff, and other interested parties as determined by the board;
18 (c) establish by rule procedures for developing its policies which ensure that local mental
19 health authorities are given opportunity to comment and provide input on any new policy of the
20 board or proposed revision of the board's existing policy;
21 (d) provide a mechanism for review of its existing policy, and for consideration of policy
22 changes proposed by local mental health authorities; and
23 (e) develop policies, standards, rules, and fee schedules for the division.
24 Section 18. Section 62A-12-105 is amended to read:
25 62A-12-105. Allocation of funds to local mental health authorities -- Formula.
26 (1) The board shall establish by rule a formula for allocating funds to local mental health
27 authorities through contracts, to provide mental health services [in accordance with Section
28 17A-3-606]. That formula shall provide for allocation of funds based on need. Determination of
29 need shall be based on population, unless the board establishes, by valid and accepted data, that
30 other defined factors are relevant and reliable indicators of need. The formula shall include a
31 differential to compensate for additional costs of providing services in rural areas.

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1 (2) The formula established under Subsection (1) shall be in effect on or before July 1,
2 1990, and applies to all state and federal funds appropriated by the Legislature to the division for
3 local mental health authorities, but does not apply to:
4 (a) funds that local mental health authorities receive from sources other than the division;
5 (b) funds that local mental health authorities receive from the division to operate a specific
6 program within its jurisdiction that is available to all residents of the state;
7 (c) funds that local mental health authorities receive from the division to meet a need that
8 exists only within the jurisdiction of that local mental health authority; and
9 (d) funds that local mental health authorities receive from the division for research
10 projects.
11 Section 19. Section 62A-12-202 is amended to read:
12 62A-12-202. Definitions.
13 As used in this chapter:
14 (1) "Adult" means a person 18 years of age or older.
15 (2) "Commitment to the custody of a local mental health authority" means that an adult
16 is committed to the custody of the local mental health authority that governs the mental health
17 catchment area in which the proposed patient resides or is found.
18 (3) "Designated examiner" means a licensed physician, preferably a psychiatrist,
19 designated by the division as specially qualified by training or experience in the diagnosis of
20 mental or related illness or another licensed mental health professional designated by the division
21 as specially qualified by training and at least five years' continual experience in the treatment of
22 mental or related illness. At least one designated examiner in any case shall be a licensed
23 physician. No person who is the applicant, or who signs the certification, under Section
24 62A-12-234 may be a designated examiner in the same case.
25 (4) "Designee" means a physician who has responsibility for medical functions including
26 admission and discharge, an employee of a local mental health authority, or an employee of an
27 agency that has contracted with a local mental health authority to provide mental health services
28 under Section [17A-3-606] 17-5-306.
29 (5) "Institution" means a hospital, or a health facility licensed under the provisions of
30 Section 26-21-9.
31 (6) "Licensed physician" means an individual licensed under the laws of this state to

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1 practice medicine, or a medical officer of the United States government while in this state in the
2 performance of official duties.
3 (7) "Local comprehensive community mental health center" means an agency or
4 organization that provides treatment and services to residents of a designated geographic area,
5 operated by or under contract with a local mental health authority, in compliance with state
6 standards for local comprehensive community mental health centers.
7 (8) "Mental illness" means a psychiatric disorder as defined by the current edition of the
8 Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
9 Association which substantially impairs a person's mental, emotional, behavioral, or related
10 functioning.
11 (9) "Mental health facility" means the Utah State Hospital or other facility that provides
12 mental health services under contract with the division, a local mental health authority, or
13 organization that contracts with a local mental health authority.
14 (10) "Mental health officer" means an individual who is designated by a local mental
15 health authority as qualified by training and experience in the recognition and identification of
16 mental illness, to interact with and transport persons to any mental health facility.
17 (11) "Patient" means an individual who has been temporarily placed in the custody of a
18 local mental health authority, or who has been committed to a local mental health authority either
19 voluntarily or by court order.
20 (12) "Treatment" means psychotherapy, medication, including the administration of
21 psychotropic medication, and other medical treatments that are generally accepted medical and
22 psychosocial interventions for the purpose of restoring the patient to an optimal level of
23 functioning in the least restrictive environment.
24 Section 20. Section 62A-12-289 is amended to read:
25 62A-12-289. Responsibilities of the Division of Mental Health.
26 (1) It is the responsibility of the division to assure that the requirements of this part are met
27 and applied uniformly by local mental health authorities across the state.
28 (2) Since it is the division's responsibility, under Section 62A-12-102, to contract with,
29 review, and approve local mental health authority plans, and to withhold funds from local mental
30 health authorities and public and private providers for contract noncompliance, the division shall:
31 (a) require each local mental health authority to submit its plan to the division by May 1

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1 of each year; and
2 [(b) forward a copy of each local mental health authority's written plan to the Office of
3 Legislative Research and General Counsel, for review by the Human Services Interim Committee,
4 within ten days after receiving the plan;]
5 [(c)] (b) conduct an annual program audit and review of each local mental health authority
6 in the state, and its contract provider[;], and report to the Human Services Interim Committee
7 regarding that audit on or before December 1 of each year through December 2000.
8 [(d) provide a written and oral report to the Human Services Interim Committee on July
9 1, 1996, and each year thereafter. That report shall provide information regarding the annual
10 program audit, the financial status of each local mental health authority and its contract provider,
11 the status of each local authority's and its contract provider's compliance with its plan, state
12 statutes, and with the provisions of the contract awarded.]
13 Section 21. Section 62A-12-290, which is renumbered from Section 17A-3-611 is
14 renumbered and amended to read:
15 [17A-3-611]. 62A-12-290. Specified treatments prohibited -- Criminal
16 penalties.
17 (1) It is a class B misdemeanor to [give shock treatment, lobotomy] provide electroshock
18 therapy, psychosurgery, or surgery to anyone without the written consent of:
19 (a) the person to receive that therapy or surgery, if he has been determined to be
20 competent;
21 (b) his parent or next of kin; or
22 (c) his legal guardian. [Services provided under this part are governed by the Utah Medical
23 Practice Act.]
24 (2) It is a third degree felony to give psychiatric treatment, nonvocational mental health
25 counseling, case-finding testing, psychoanalysis, drugs, [shock treatment, lobotomy] electroshock
26 therapy, psychosurgery, or surgery to any individual for the purpose of changing his concept of,
27 belief about, or faith in God.
28 (3) Services provided under this chapter are governed by Title 58, Chapter 67, Utah
29 Medical Practice Act.
30 Section 22. Section 63-38-2 is amended to read:
31 63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --

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1 Appropriations based on current tax laws and not to exceed estimated revenues.
2 (1) (a) The governor shall, within three days after the convening of the Legislature in the
3 annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
4 officer of each house of the Legislature together with a schedule for all of the proposed
5 appropriations of the budget, clearly itemized and classified.
6 (b) The budget message shall include a projection of estimated revenues and expenditures
7 for the next fiscal year.
8 (2) At least 34 days before the submission of any budget, the governor shall deliver a
9 confidential draft copy of his proposed budget recommendations to the Office of the Legislative
10 Fiscal Analyst.
11 (3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
12 revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
13 (b) The budget may be accompanied by a separate document showing proposed
14 expenditures and estimated revenues based on changes in state tax laws or rates.
15 (4) The budget shall be accompanied by a statement showing:
16 (a) the revenues and expenditures for the last fiscal year;
17 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds
18 of the state;
19 (c) an estimate of the state's financial condition as of the beginning and the end of the
20 period covered by the budget;
21 (d) a complete analysis of lease with an option to purchase arrangements entered into by
22 state agencies;
23 (e) the recommendations for each state agency for new full-time employees for the next
24 fiscal year; which recommendation should be provided also to the State Building Board under
25 Subsection 63A-5-103(2);
26 (f) any explanation the governor may desire to make as to the important features of the
27 budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
28 revenue; and
29 (g) the information detailing certain regulatory fee increases required by Section
30 63-38-3.2.
31 (5) The budget shall include an itemized estimate of the appropriations for:

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1 (a) the Legislative Department as certified to the governor by the president of the Senate
2 and the speaker of the House;
3 (b) the Executive Department;
4 (c) the Judicial Department as certified to the governor by the state court administrator;
5 (d) payment and discharge of the principal and interest of the indebtedness of the state of
6 Utah;
7 (e) the salaries payable by the state under the Utah Constitution or under law for the lease
8 agreements planned for the next fiscal year;
9 (f) other purposes that are set forth in the Utah Constitution or under law; and
10 (g) all other appropriations.
11 (6) Deficits or anticipated deficits shall be included in the budget.
12 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
13 from the proper state officials, including public and higher education officials, all heads of
14 executive and administrative departments and state institutions, bureaus, boards, commissions, and
15 agencies expending or supervising the expenditure of the state moneys, and all institutions
16 applying for state moneys and appropriations, itemized estimates of revenues and expenditures.
17 The entities required by this subsection to submit itemized estimates of revenues and expenditures
18 to the governor, shall also report to the Utah Information Technology Commission created in Title
19 63C, Chapter 2, before October 30 of each year. The report to the Information Technology
20 Commission shall include the proposed information technology expenditures and objectives, the
21 proposed appropriation requests and other sources of revenue necessary to fund the proposed
22 expenditures and an analysis of:
23 (A) the entity's need for appropriations for information technology;
24 (B) how the entity's development of information technology coordinates with other state
25 or local government entities;
26 (C) any performance measures used by the entity for implementing information
27 technology goals; and
28 (D) any efforts to develop public/private partnerships to accomplish information
29 technology goals.
30 (ii) (A) The governor may also require other information under these guidelines and at
31 times as the governor may direct.

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1 (B) These guidelines may include a requirement for program productivity and performance
2 measures, where appropriate, with emphasis on outcome indicators.
3 (b) The estimate for the Legislative Department as certified by the presiding officers of
4 both houses shall be included in the budget without revision by the governor. Before preparing
5 the estimates for the Legislative Department, the Legislature shall report to the Information
6 Technology Commission the proposed information technology expenditures and objectives, the
7 proposed appropriation requests and other sources of revenue necessary to fund the proposed
8 expenditures, including an analysis of:
9 (i) the Legislature's implementation of information technology goals;
10 (ii) any coordination of information technology with other departments of state and local
11 government;
12 (iii) any efforts to develop public/private partnerships to accomplish information
13 technology goals; and
14 (iv) any performance measures used by the entity for implementing information
15 technology goals.
16 (c) The estimate for the Judicial Department, as certified by the state court administrator,
17 shall also be included in the budget without revision, but the governor may make separate
18 recommendations on it. Before preparing the estimates for the Judicial Department, the state court
19 administrator shall report to the Information Technology Commission the proposed information
20 technology expenditures and objectives, the proposed appropriation requests and other sources of
21 revenue necessary to fund the proposed expenditures, including an analysis of:
22 (i) the Judicial Department's information technology goals;
23 (ii) coordination of information technology statewide between all courts;
24 (iii) any efforts to develop public/private partnerships to accomplish information
25 technology goals; and
26 (iv) any performance measures used by the entity for implementing information
27 technology goals.
28 (d) Before preparing the estimates for the State Office of Education, the state
29 superintendent shall report to the Information Technology Commission the proposed information
30 technology expenditures and objectives, the proposed appropriation requests and other sources of
31 revenue necessary to fund the proposed expenditures, including an analysis of:

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1 (i) the Office of Education's information technology goals;
2 (ii) coordination of information technology statewide between all public schools;
3 (iii) any efforts to develop public/private partnerships to accomplish information
4 technology goals; and
5 (iv) any performance measures used by the Office of Education for implementing
6 information technology goals.
7 (e) Before preparing the estimates for the state system of Higher Education, the
8 commissioner shall report to the Information Technology Commission the proposed information
9 technology expenditures and objectives, the proposed appropriation requests and other sources of
10 revenue necessary to fund the proposed expenditures, including an analysis of:
11 (i) Higher Education's information technology goals;
12 (ii) coordination of information technology statewide within the state system of higher
13 education;
14 (iii) any efforts to develop public/private partnerships to accomplish information
15 technology goals; and
16 (iv) any performance measures used by the state system of higher education for
17 implementing information technology goals.
18 (f) The governor may require the attendance at budget meetings of representatives of
19 public and higher education, state departments and institutions, and other institutions or individuals
20 applying for state appropriations.
21 (g) The governor may revise all estimates, except those relating to the Legislative
22 Department, the Judicial Department, and those providing for the payment of principal and interest
23 to the state debt and for the salaries and expenditures specified by the Utah Constitution or under
24 the laws of the state.
25 (8) The total appropriations requested for expenditures authorized by the budget may not
26 exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal
27 year.
28 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
29 does not affect the budget itself or any other item in it.
30 (10) (a) In submitting the budget for the Departments of Health and Human Services, the
31 governor shall consider a separate recommendation in his budget for funds to be contracted to:

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1 (i) local mental health authorities under Section [17A-3-606] 17-5-306;
2 (ii) local substance abuse authorities under Section 62A-8-110.5;
3 (iii) area agencies on aging under Section 62A-3-104.2;
4 (iv) programs administered directly by and for operation of the Divisions of Mental
5 Health, Substance Abuse, and Aging and Adult Services; and
6 (v) local health departments under Title 26A, Chapter 1.
7 (b) In his budget recommendations under Subsections (a)(i), (ii), and (iii), the governor
8 shall consider an amount sufficient to grant local health departments, local mental health
9 authorities, local substance abuse authorities, and area agencies on aging the same percentage
10 increase for wages and benefits that he includes in his budget for persons employed by the state.
11 (c) If the governor does not include in his budget an amount sufficient to grant the increase
12 described in Subsection (b), he shall include a message to the Legislature regarding his reason for
13 not including that amount.
14 (11) (a) In submitting the budget for the Division of Services for People with Disabilities
15 within the Department of Human Services, the governor shall consider an amount sufficient to
16 grant employees of private nonprofit corporations that contract with that division, the same
17 percentage increase for cost-of-living that he includes in his budget for persons employed by the
18 state.
19 (b) If the governor does not include in his budget an amount sufficient to grant the increase
20 described in Subsection (a), he shall include a message to the Legislature regarding his reason for
21 not including that amount.
22 (12) The governor shall include the projected revenues and expenditures for collecting the
23 uniform fee and other motor vehicle fees under Section 59-2-406 in the 1996-97 fiscal year budget.
24 (13) (a) The Families, Agencies, and Communities Together Council may propose to the
25 governor under Subsection 63-75-4(3)(e) a budget recommendation for collaborative service
26 delivery systems operated under Section 63-75-6.5.
27 (b) The Legislature may, through a specific program schedule, designate funds
28 appropriated for collaborative service delivery systems operated under Section 63-75-6.5.
29 Section 23. Section 63A-9-701 is amended to read:
30 63A-9-701. Subscription to motor pool by certain local government entities.
31 The following local government entities may subscribe to the central motor pool service

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1 provided by the division if the director of the local government entity determines it will result in
2 substantial cost savings or increased efficiency to the local government entity:
3 (1) local health departments as defined in Title 26A, Chapter 1, Part 1, Local Health
4 Department Act;
5 (2) local substance abuse authorities as defined in Section [17A-3-701] 17-5-403;
6 (3) local area agencies on aging, as authorized by Section 62A-3-104, or its subcontractors
7 who are local governmental or public entities; and
8 (4) local mental health authorities as defined in Section [17A-3-602] 17-5-303.
9 Section 24. Repealer.
10 This act repeals:
11 Section 17-5-275, Mental health and substance abuse services.
12 Section 17A-3-612, Continuation of existing services or facilities.




Legislative Review Note
as of 11-15-96 11:20 AM

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

Office of Legislative Research and General Counsel

Committee Note

The Human Services Interim Committee recommended this bill.

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