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H.B. 111 Enrolled

                 

AGING SERVICES AMENDMENTS

                 
1998 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: J. Brent Haymond

                  AN ACT RELATING TO HUMAN SERVICES; CREATING AREA AGENCIES ON HIGH
                  RISK ADULTS; PERMITTING THE EXISTING CONTRACT OF AN AREA AGENCY TO
                  BE EXPANDED TO INCLUDE SERVICES TO HIGH RISK ADULTS; EXPANDING
                  SERVICES TO HIGH RISK ADULTS; MAKING CONFORMING AND TECHNICAL
                  AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      51-2-1, as last amended by Chapter 235, Laws of Utah 1989
                      62A-1-111, as last amended by Chapter 240, Laws of Utah 1996
                      62A-3-101, as last amended by Chapter 181, Laws of Utah 1990
                      62A-3-104, as last amended by Chapter 181, Laws of Utah 1990
                      62A-3-104.1, as enacted by Chapter 181, Laws of Utah 1990
                      62A-3-104.2, as enacted by Chapter 181, Laws of Utah 1990
                      62A-3-105, as enacted by Chapter 1, Laws of Utah 1988
                      62A-3-107, as last amended by Chapter 10, Laws of Utah 1997
                      62A-3-108, as enacted by Chapter 1, Laws of Utah 1988
                      62A-3-301, as last amended by Chapter 130, Laws of Utah 1996
                      63-38-2, as last amended by Chapter 136, Laws of Utah 1997
                      63A-9-701, as last amended by Chapter 85, Laws of Utah 1997
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 51-2-1 is amended to read:
                       51-2-1. Audits of political subdivisions, interlocal organizations, and other local
                  entities required.
                      (1) (a) Each of the following entities, except as exempted under Section 51-2-8 , shall cause
                  an audit to be made of its accounts by a competent certified public accountant:


                      (i) the governing board of each political subdivision;
                      (ii) the governing board of each interlocal organization having the power to tax or to expend
                  public funds;
                      (iii) the governing board of any local mental health authority established under the authority
                  of Title 62A, Chapter 12;
                      (iv) the governing board of any substance abuse authority established under the authority
                  of Title 62A, Chapter 8;
                      (v) the governing board of any area agency [on aging] established under the authority of
                  Title 62A, Chapter 3;
                      (vi) the governing board of any nonprofit corporation that receives at least 50% of its funds
                  from federal, state, and local government entities through contracts; and
                      (vii) the governing board of any other entity established by a local governmental unit that
                  receives tax exempt status for bonding or taxing purposes.
                      (b) In municipalities organized under an optional form of municipal government, the council
                  shall cause the audit to be made.
                      (c) The audit shall be made at least annually.
                      (2) The auditors shall review the accounts of all officers of the entity having responsibility
                  for the care, management, collection, or disbursement of moneys belonging to it or appropriated by
                  law or otherwise acquired for its use or benefit.
                      (3) The audits shall:
                      (a) be performed and financial statements presented in accordance with generally accepted
                  auditing standards and accounting principles and procedures adopted by recognized authoritative
                  bodies; and
                      (b) conform to the uniform classification of accounts established or approved by the state
                  auditor or any other classification of accounts established by any federal government agency.
                      (4) If the political subdivision, interlocal organization, or other local entity receives federal
                  funding, the audits shall be performed in accordance with both federal and state auditing
                  requirements.

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                      Section 2. Section 62A-1-111 is amended to read:
                       62A-1-111. Department authority.
                      The department has authority, in addition to all other authority and responsibility granted to
                  it by law, to:
                      (1) adopt rules, not inconsistent with law, as the department may [deem] consider necessary
                  or desirable for providing social services to the people of this state;
                      (2) establish and manage client trust accounts in the department's institutions and community
                  programs, at the request of the client or his legal guardian or representative, or in accordance with
                  federal law;
                      (3) purchase, as authorized or required by law, services that the department is responsible
                  to provide for legally eligible persons;
                      (4) conduct adjudicative proceedings for clients and providers in accordance with the
                  procedures of Title 63, Chapter 46b, Administrative Procedures Act;
                      (5) establish eligibility standards for its programs, not inconsistent with state or federal law
                  or regulations;
                      (6) take necessary steps, including legal action, to recover money or the monetary value of
                  services provided to a recipient who was not eligible;
                      (7) set and collect fees for its services;
                      (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
                  limited by law;
                      (9) acquire, manage, and dispose of any real or personal property needed or owned by the
                  department, not inconsistent with state law;
                      (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
                  proceeds thereof, may be credited to the program designated by the donor, and may be used for the
                  purposes requested by the donor, as long as the request conforms to state and federal policy; all
                  donated funds shall be considered private, nonlapsing funds and may be invested under guidelines
                  established by the state treasurer;
                      (11) accept and employ volunteer labor or services; the department is authorized to

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                  reimburse volunteers for necessary expenses, when the department considers that reimbursement to
                  be appropriate;
                      (12) carry out the responsibility assigned in the Workforce Services Plan by the State
                  Council on Workforce Services;
                      (13) carry out the responsibility assigned by Section 9-4-802 with respect to coordination
                  of services for the homeless;
                      (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
                  coordination of services for handicapped students;
                      (15) provide training and educational opportunities for its staff;
                      (16) collect child support payments and any other monies due to the department;
                      (17) examine and audit the expenditures of any public funds provided to local substance
                  abuse authorities, local mental health authorities, local area agencies [on aging] established under
                  Chapter 3, and any agency or organization that contracts with or receives funds from those
                  authorities or agencies. Those local authorities, area agencies, and any person or entity that contracts
                  with or receives funds from those authorities or area agencies, shall provide the department with any
                  information it deems necessary to complete its audit;
                      (18) apply the provisions of Title 78, Chapter 45, Uniform Civil Liability for Support Act,
                  to parents whose child lives out of the home in a department licensed or certified setting; and
                      (19) carry out the responsibilities assigned to it by statute.
                      Section 3. Section 62A-3-101 is amended to read:
                       62A-3-101. Definitions.
                      As used in this chapter:
                      (1) "Adult" or "high risk adult" means a person 18 years of age or older who [meets the
                  eligibility standards for adult services as established by the division.] experiences a condition:
                      (a) that places the person at a high risk of being unable to care for himself, as determined
                  by assessment, because of the onset of a physical or cognitive impairment or frailty; and
                      (b) for which the person is not eligible to receive services under Chapter 5, Services to
                  People with Disabilities, or Chapter 12, Mental Health.

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                      (2) "Aging" and "aged" means a person 60 years of age or older.
                      (3) "Area agency" means an area agency that provides services to the aged, high risk adults,
                  or both within a planning and service area.
                      [(3)] (4) "Area agency on aging" means a public or private nonprofit agency or office
                  designated by the division to operate within a planning and service area of the state to develop and
                  implement a broad range of services for [aging and adult persons] the aged in that area.
                      (5) "Area agency on high risk adults" means a public or private nonprofit agency or office
                  designated by the division to operate within a planning and service area of the state to develop and
                  implement services for high risk adults in that area.
                      [(4)] (6) "Board" means the Board of Aging and Adult Services.
                      [(5)] (7) "Director" means the director of the Division of Aging and Adult Services.
                      [(6)] (8) "Division" means the Division of Aging and Adult Services within the department.
                      [(7)] (9) "Planning and service area" means a geographical area of the state designated by
                  the division for purposes of planning, development, delivery, and overall administration of services
                  for [aging and adult persons] the aged or high risk adults.
                      Section 4. Section 62A-3-104 is amended to read:
                       62A-3-104. Authority of division.
                      (1) The division is the sole state agency, as defined by the Older Americans Act of 1965, 42
                  U.S.C. 3001 et seq., to serve as an effective and visible advocate for the aging and adult population
                  of this state, to develop and administer a state plan under the policy direction of the board, and to
                  take primary responsibility for state activities relating to provisions of the Older Americans Act of
                  1965, as amended.
                      (2) (a) The division has authority to designate planning and service areas for the state, and
                  to designate an area agency on aging within each planning and service area to design and implement
                  a comprehensive and coordinated system of services and programs for the [aging and adult
                  populations of the state including, but not limited to, substitute care, nutrition services, access
                  services, in-home services, legal services, day care, day treatment services, and protective services]
                  aged within appropriations from the Legislature.

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                      (b) [That designation] Designation as an area agency on aging may be withdrawn:
                      (i) upon request of the area agency on aging; or
                      (ii) upon noncompliance with the provisions of the Older Americans Act of 1965, 42 U.S.C.
                  3001 et seq., the federal regulations enacted under that act, the provisions of this chapter, or the
                  rules, policies, or procedures established by the division.
                      (3) (a) The division has the authority to designate planning and service areas for the state
                  and to designate an area agency on high risk adults within each planning and service area in
                  accordance with Subsection (3)(b) to design and implement a comprehensive and coordinated system
                  of case management and programs for high risk adults within appropriations from the Legislature.
                      (b) Before October 1, 1998, the division shall designate as the area agency on high risk
                  adults in a planning and service area:
                      (i) the area agency on aging that operates within the same geographic area if that agency has
                  requested, before July 1, 1998, to expand its current contract with the division to include the
                  responsibility of:
                      (A) being the area agency on high risk adults; or
                      (B) operating the area agency on high risk adults through joint cooperation with one or more
                  existing area agencies on aging without reducing geographical coverage in any service area; or
                      (ii) a public or private nonprofit agency or office if the area agency on aging that operates
                  within the same geographic area has not made a request in accordance with Subsection (3)(b).
                      (c) Area agencies on high risk adults shall be in operation before July 1, 1999. The
                  division's efforts to establish area agencies on high risk adults shall start with counties with a
                  population of more than 150,000 people.
                      (d) Designation as an area agency on high risk adults may be withdrawn:
                      (i) upon request by the area agency; or
                      (ii) upon noncompliance with state or federal laws, or rules, policies, or procedures
                  established by the division.
                      [(3)] (4) The division has authority to receive and distribute state and federal funds for the
                  division's programs and services to the aging and adult [population] populations of the state.

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                      [(4)] (5) The division has authority to establish, either directly or by contract, programs of
                  advocacy, monitoring, evaluation, technical assistance, and public education to enhance the quality
                  of life for aging and adult citizens of the state.
                      [(5)] (6) In accordance with the rules of the division and Title 63, Chapter 56, Utah
                  Procurement Code, the division may:
                      (a) contract with the governing [bodies] body of an area [agencies on aging] agency to
                  provide a comprehensive program of services [for aging and adult citizens of the state]; and
                      (b) contract with public and private entities for special services.
                      [(6)] (7) The division has authority to provide for collection, compilation, and dissemination
                  of information, statistics, and reports relating to issues facing aging and adult citizens.
                      [(7)] (8) The division has authority to prepare and submit reports regarding the operation and
                  administration of the division to the department, the Legislature, and the governor, as requested.
                      [(8)] (9) The division shall:
                      (a) implement and enforce policies established by the board governing all aspects of the
                  division's programs for aging and adult persons in the state;
                      (b) monitor and evaluate programs provided by or under contract with the division, area
                  agencies [on aging], and any entity that receives funds from an area agency [on aging] to ensure
                  compliance with all applicable state and federal statutes, policies, and procedures;
                      (c) examine expenditures of public funds;
                      (d) withhold funds from programs based on contract noncompliance;
                      (e) review and approve plans of area agencies [on aging] in order to ensure compliance with
                  division policies and to ensure a statewide comprehensive program;
                      (f) promote and establish cooperative relationships with state and federal agencies, social
                  and health agencies, education and research organizations, and other related groups in order to
                  further programs for aging and adult persons, and prevent duplication of services;
                      (g) advocate for the aging and adult [population] populations; and
                      (h) promote and conduct research on the problems and needs of aging and adult persons, and
                  submit recommendations for changes in policies, programs, and funding to the governor and the

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                  Legislature.
                      Section 5. Section 62A-3-104.1 is amended to read:
                       62A-3-104.1. Powers and duties of area agencies.
                      (1) [Local area agencies on aging] An area agency that provides services to the aged, high
                  risk adults, or both shall within [their] its respective [jurisdictions] jurisdiction:
                      (a) advocate [for aging citizens] by monitoring, evaluating, and providing input on all
                  policies, programs, hearings, and levies that affect those persons;
                      (b) design and implement a comprehensive and coordinated system of services [for aging
                  persons] within a designated planning and service area;
                      (c) conduct periodic reviews and evaluations of [aging] needs and services;
                      (d) prepare and submit to the division plans for funding and service delivery for services [to
                  aging persons] within [their] the designated planning and service [areas] area;
                      (e) establish, either directly or by contract, programs licensed under Chapter 2 of this title;
                      (f) appoint an area director [of aging services], prescribe his duties, and provide adequate
                  and qualified staff to carry out the area plan described in Subsection (1)(d);
                      (g) establish rules not contrary to policies of the board and rules of the division, regulating
                  local [aging] services and facilities;
                      (h) operate other [aging] services and programs funded by sources other than those
                  administered by the division;
                      (i) establish mechanisms to provide direct citizen input, including an area agency advisory
                  council with a majority of members [over the age of 60] who are eligible for services from the area
                  agency;
                      (j) establish fee schedules; and
                      (k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
                  Cooperation Act, and with the requirements and procedures of Title 51, Chapter 2.
                      (2) Before disbursing any public funds, [local] an area [agencies on aging] agency shall
                  require that all entities receiving any public funds agree in writing that:
                      (a) the division may examine the [entities] entity's program and financial records; and

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                      (b) the auditor of the local area agency [on aging] may examine and audit the [entities']
                  entity's program and financial records, if requested by the local area agency [on aging].
                      (3) Local area agencies [on aging] may receive property, grants, gifts, supplies, materials,
                  including any benefit derived therefrom, and contributions [for aging and adult populations] for the
                  purpose of providing services pursuant to this part. If those gifts are conditioned upon their use for
                  a specified service or program, they shall be so used.
                      (4) (a) Area agencies [on aging] shall award all public funds[,] in compliance with the
                  requirements of Title 63, Chapter 56, Utah Procurement Code, or with a county procurement
                  ordinance that requires similar procurement procedures.
                      (b) If all initial bids on [the] a project are rejected, the area agency [on aging] shall publish
                  a new invitation to bid. If no satisfactory bid is received by the area agency [on aging] when the bids
                  received from the second invitation are opened, the area agency [on aging] may execute a contract
                  without requiring competitive bidding.
                      (c) [The] An area agency [on aging] need not comply with the procurement provisions of
                  this section when it disburses public funds to other governmental entities. For purposes of this
                  Subsection (4)(c), "governmental entity" means any political subdivision or institution of higher
                  education of the state.
                      (d) Contracts awarded by an area agency [on aging] shall be for a fixed amount and limited
                  period. Contracts may be modified due to changes in available funding for the same contract
                  purpose without competition.
                      (5) Local area agencies shall comply with all applicable state and federal statutes, policies,
                  audit requirements, and any directives resulting from those audits.
                      Section 6. Section 62A-3-104.2 is amended to read:
                       62A-3-104.2. Contracts for services.
                      When an area agency [on aging] has established a plan to provide services authorized by this
                  chapter, and those services meet standards fixed by rules of the board, the area agency [on aging]
                  may enter into a contract with the division for services to be furnished by that area agency [on aging]
                  for an agreed compensation to be paid by the division.

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                      Section 7. Section 62A-3-105 is amended to read:
                       62A-3-105. Matching requirements for state and federal Older American funds.
                      (1) State and federal Older American Act related funds provided by the division, through
                  a formula and by contract, to local area agencies on aging to provide programs and services under
                  this chapter[,] shall be matched by funds from those area agencies in an amount at least equal to
                  [10%]:
                      (a) 15% of [those state and federal funds received. The term "fund" does not] service
                  dollars; and
                      (b) 25% of administrative dollars.
                      (2) An area agency on aging may include services, property, or other in-kind contributions
                  to meet the administrative dollars match but may only use cash to meet the service dollars match.
                      Section 8. Section 62A-3-107 is amended to read:
                       62A-3-107. Board -- Policymaking authority.
                      (1) The board is the program policymaking body for the division and for programs funded
                  with state and federal money under Sections 62A-3-104.1 and 62A-3-104.2 . In establishing policy
                  and reviewing existing policy, the board shall seek input from local area agencies [on aging],
                  consumers, providers, advocates, division staff, and other interested parties as determined by the
                  board.
                      (2) The board shall establish, by rule, procedures for developing its policies which ensure
                  that local area agencies [on aging] are given opportunity to comment and provide input on any new
                  policy of the board[,] and on any proposed changes in the board's existing policy. The board shall
                  also provide a mechanism for review of its existing policy[,] and for consideration of policy changes
                  that are proposed by those local area agencies.
                      Section 9. Section 62A-3-108 is amended to read:
                       62A-3-108. Allocation of funds to local area agencies -- Formulas.
                      (1) The board shall establish by rule [a formula] formulas for allocating funds to local area
                  agencies [on aging] through contracts[,] to provide programs and services [for the aging and aged.
                  This formula shall provide for allocation of funds] in accordance with this part based on need.

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                  Determination of need shall be based on the number of eligible persons located in the local area
                  which the division is authorized to serve, unless federal regulations require otherwise or the board
                  establishes, by valid and accepted data, that other defined factors are relevant and reliable indicators
                  of need. [The formula] Formulas established by the board shall include a differential to compensate
                  for additional costs of providing services in rural areas.
                      (2) [The formula] Formulas established under Subsection (1) shall be in effect on or before
                  July 1, [1990] 1998, and [applies] apply to all state and federal funds appropriated by the Legislature
                  to the division for local area agencies [on aging], but does not apply to:
                      (a) funds that local area agencies [on aging] receive from sources other than the division;
                      (b) funds that local area agencies [on aging] receive from the division to operate a specific
                  program within its jurisdiction which is available to all residents of the state;
                      (c) funds that a local area agency [on aging] receives from the division to meet a need that
                  exists only within that local area; and
                      (d) funds that a local area agency [on aging] receives from the division for research projects.
                      Section 10. Section 62A-3-301 is amended to read:
                       62A-3-301. Definitions.
                      As used in this part:
                      (1) "Abuse" means:
                      (a) attempting to cause, or intentionally or knowingly causing physical harm or intentionally
                  placing another in fear of imminent physical harm;
                      (b) physical injury caused by criminally negligent acts or omissions;
                      (c) unlawful detention or unreasonable confinement;
                      (d) gross lewdness; or
                      (e) deprivation of life sustaining treatment, except:
                      (i) as provided in Title 75, Chapter 2, Part 11, Personal Choice and Living Will Act; or
                      (ii) when informed consent, as defined in Section 76-5-111 , has been obtained.
                      (2) "Adult" means a person who is 18 years of age or older.
                      [(2)] (3) "Bodily injury" means physical pain, illness, or any impairment of physical

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                  condition.
                      [(3)] (4) "Caretaker" means any person, corporation, or public institution that has assumed
                  by relationship, contract, or court order the responsibility to provide food, shelter, clothing, medical,
                  and other necessities to a disabled or elder adult.
                      [(4)] (5) "Counsel" means an attorney licensed to practice in this state.
                      [(5)] (6) "Disabled adult" means a person 18 years of age or older who is impaired because
                  of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that
                  he lacks sufficient understanding or capacity to make or communicate informed decisions
                  concerning his person, or is unable to care for his own personal safety or provide necessities such
                  as food, shelter, clothing, or medical care, without which physical injury or illness may occur. A
                  person who is, in good faith, under treatment solely of a spiritual means, through prayer, in
                  accordance with the tenets and practices of a recognized church or religious denomination, and by
                  an accredited practitioner thereof shall not be considered a disabled or elder adult for that reason
                  alone.
                      [(6)] (7) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.
                      [(7)] (8) "Elder adult" means a person 65 years of age or older.
                      [(8)] (9) "Emergency" means that a disabled or elder adult is at risk of death or immediate
                  and serious harm to himself or others.
                      [(9)] (10) "Emotional or psychological abuse" means deliberate conduct that is directed at
                  a disabled or elder adult through verbal or nonverbal means, and that causes the disabled or elder
                  adult to suffer emotional distress or to fear bodily injury, harm, or restraint.
                      [(10)] (11) "Exploitation" means exploitation of a disabled or elder adult as that offense is
                  described in Subsection 76-5-111 (4).
                      [(11)] (12) "Informed consent" means the same as that term is defined in Section 76-5-111 .
                      [(12)] (13) "Neglect" means:
                      (a) the failure of a caretaker to provide habilitation, care, nutrition, clothing, shelter,
                  supervision, or medical care;
                      (b) a pattern of conduct by a caretaker, without the disabled or elder adult's informed

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                  consent, resulting in deprivation of food, water, medication, medical services, shelter, cooling,
                  heating, or other services necessary to maintain minimum physical or mental health; or
                      (c) the failure or inability of a disabled adult to provide those services for himself.
                      [(13)] (14) "Protected person" means a disabled or elder adult for whom the court has
                  ordered protective services including disabled or elder adults for whom emergency protective
                  services are established under the provisions of this part.
                      [(14)] (15) "Protective services" means services provided by the offices of Adult Protective
                  Services within the division, including investigation of allegations of abuse, emotional or
                  psychological abuse, neglect, or exploitation, and other services provided either by voluntary
                  agreement or as authorized by court order to assist disabled or elder adults in need of protection, for
                  the purpose of discontinuing and preventing further abuse, neglect, or exploitation. Those services
                  may include the services of guardian and conservator provided in accordance with Title 75, Utah
                  Uniform Probate Code, when no other agency or individual can appropriately provide the service.
                  The services provided by the offices of Adult Protective Services shall be consistent, if at all
                  possible, with the accustomed lifestyle of the disabled or elder adult.    
                      Section 11. Section 63-38-2 is amended to read:
                       63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
                  Appropriations based on current tax laws and not to exceed estimated revenues.
                      (1) (a) The governor shall, within three days after the convening of the Legislature in the
                  annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
                  officer of each house of the Legislature together with a schedule for all of the proposed
                  appropriations of the budget, clearly itemized and classified.
                      (b) The budget message shall include a projection of estimated revenues and expenditures
                  for the next fiscal year.
                      (2) At least 34 days before the submission of any budget, the governor shall deliver a
                  confidential draft copy of his proposed budget recommendations to the Office of the Legislative
                  Fiscal Analyst.
                      (3) (a) The budget shall contain a complete plan of proposed expenditures and estimated

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                  revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
                      (b) The budget may be accompanied by a separate document showing proposed expenditures
                  and estimated revenues based on changes in state tax laws or rates.
                      (4) The budget shall be accompanied by a statement showing:
                      (a) the revenues and expenditures for the last fiscal year;
                      (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds of
                  the state;
                      (c) an estimate of the state's financial condition as of the beginning and the end of the period
                  covered by the budget;
                      (d) a complete analysis of lease with an option to purchase arrangements entered into by
                  state agencies;
                      (e) the recommendations for each state agency for new full-time employees for the next
                  fiscal year; which recommendation should be provided also to the State Building Board under
                  Subsection 63A-5-103 (2);
                      (f) any explanation the governor may desire to make as to the important features of the
                  budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
                  revenue; and
                      (g) the information detailing certain regulatory fee increases required by Section 63-38-3.2 .
                      (5) The budget shall include an itemized estimate of the appropriations for:
                      (a) the Legislative Department as certified to the governor by the president of the Senate and
                  the speaker of the House;
                      (b) the Executive Department;
                      (c) the Judicial Department as certified to the governor by the state court administrator;
                      (d) payment and discharge of the principal and interest of the indebtedness of the state of
                  Utah;
                      (e) the salaries payable by the state under the Utah Constitution or under law for the lease
                  agreements planned for the next fiscal year;
                      (f) other purposes that are set forth in the Utah Constitution or under law; and

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                      (g) all other appropriations.
                      (6) Deficits or anticipated deficits shall be included in the budget.
                      (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
                  from the proper state officials, including public and higher education officials, all heads of executive
                  and administrative departments and state institutions, bureaus, boards, commissions, and agencies
                  expending or supervising the expenditure of the state moneys, and all institutions applying for state
                  moneys and appropriations, itemized estimates of revenues and expenditures. The entities required
                  by this subsection to submit itemized estimates of revenues and expenditures to the governor, shall
                  also report to the Utah Information Technology Commission created in Title [63C] 63D, Chapter
                  [2] 1, before October 30 of each year. The report to the Information Technology Commission shall
                  include the proposed information technology expenditures and objectives, the proposed
                  appropriation requests and other sources of revenue necessary to fund the proposed expenditures and
                  an analysis of:
                      (A) the entity's need for appropriations for information technology;
                      (B) how the entity's development of information technology coordinates with other state or
                  local government entities;
                      (C) any performance measures used by the entity for implementing information technology
                  goals; and
                      (D) any efforts to develop public/private partnerships to accomplish information technology
                  goals.
                      (ii) (A) The governor may also require other information under these guidelines and at times
                  as the governor may direct.
                      (B) These guidelines may include a requirement for program productivity and performance
                  measures, where appropriate, with emphasis on outcome indicators.
                      (b) The estimate for the Legislative Department as certified by the presiding officers of both
                  houses shall be included in the budget without revision by the governor. Before preparing the
                  estimates for the Legislative Department, the Legislature shall report to the Information Technology
                  Commission the proposed information technology expenditures and objectives, the proposed

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                  appropriation requests and other sources of revenue necessary to fund the proposed expenditures,
                  including an analysis of:
                      (i) the Legislature's implementation of information technology goals;
                      (ii) any coordination of information technology with other departments of state and local
                  government;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology
                  goals; and
                      (iv) any performance measures used by the entity for implementing information technology
                  goals.
                      (c) The estimate for the Judicial Department, as certified by the state court administrator,
                  shall also be included in the budget without revision, but the governor may make separate
                  recommendations on it. Before preparing the estimates for the Judicial Department, the state court
                  administrator shall report to the Information Technology Commission the proposed information
                  technology expenditures and objectives, the proposed appropriation requests and other sources of
                  revenue necessary to fund the proposed expenditures, including an analysis of:
                      (i) the Judicial Department's information technology goals;
                      (ii) coordination of information technology statewide between all courts;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology
                  goals; and
                      (iv) any performance measures used by the entity for implementing information technology
                  goals.
                      (d) Before preparing the estimates for the State Office of Education, the state superintendent
                  shall report to the Information Technology Commission the proposed information technology
                  expenditures and objectives, the proposed appropriation requests and other sources of revenue
                  necessary to fund the proposed expenditures, including an analysis of:
                      (i) the Office of Education's information technology goals;
                      (ii) coordination of information technology statewide between all public schools;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology

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                  goals; and
                      (iv) any performance measures used by the Office of Education for implementing
                  information technology goals.
                      (e) Before preparing the estimates for the state system of Higher Education, the
                  commissioner shall report to the Information Technology Commission the proposed information
                  technology expenditures and objectives, the proposed appropriation requests and other sources of
                  revenue necessary to fund the proposed expenditures, including an analysis of:
                      (i) Higher Education's information technology goals;
                      (ii) coordination of information technology statewide within the state system of higher
                  education;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology
                  goals; and
                      (iv) any performance measures used by the state system of higher education for
                  implementing information technology goals.
                      (f) The governor may require the attendance at budget meetings of representatives of public
                  and higher education, state departments and institutions, and other institutions or individuals
                  applying for state appropriations.
                      (g) The governor may revise all estimates, except those relating to the Legislative
                  Department, the Judicial Department, and those providing for the payment of principal and interest
                  to the state debt and for the salaries and expenditures specified by the Utah Constitution or under the
                  laws of the state.
                      (8) The total appropriations requested for expenditures authorized by the budget may not
                  exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal year.
                      (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
                  not affect the budget itself or any other item in it.
                      (10) (a) In submitting the budget for the Departments of Health and Human Services, the
                  governor shall consider a separate recommendation in his budget for funds to be contracted to:
                      (i) local mental health authorities under Section 17A-3-606 ;

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                      (ii) local substance abuse authorities under Section 62A-8-110.5 ;
                      (iii) area agencies [on aging] under Section 62A-3-104.2 ;
                      (iv) programs administered directly by and for operation of the Divisions of Mental Health,
                  Substance Abuse, and Aging and Adult Services; and
                      (v) local health departments under Title 26A, Chapter 1, Local Health Departments.
                      (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
                  shall consider an amount sufficient to grant local health departments, local mental health authorities,
                  local substance abuse authorities, and area agencies [on aging] the same percentage increase for
                  wages and benefits that he includes in his budget for persons employed by the state.
                      (c) If the governor does not include in his budget an amount sufficient to grant the increase
                  described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
                  for not including that amount.
                      (11) (a) In submitting the budget for the Division of Services for People with Disabilities
                  within the Department of Human Services, the governor shall consider an amount sufficient to grant
                  employees of private nonprofit corporations that contract with that division, the same percentage
                  increase for cost-of-living that he includes in his budget for persons employed by the state.
                      (b) If the governor does not include in his budget an amount sufficient to grant the increase
                  described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
                  for not including that amount.
                      (12) The governor shall include the projected revenues and expenditures for collecting the
                  uniform fee and other motor vehicle fees under Section 59-2-406 in the 1996-97 fiscal year budget.
                      (13) (a) The Families, Agencies, and Communities Together Council may propose to the
                  governor under Subsection 63-75-4 (3)(e) a budget recommendation for collaborative service delivery
                  systems operated under Section 63-75-6.5 .
                      (b) The Legislature may, through a specific program schedule, designate funds appropriated
                  for collaborative service delivery systems operated under Section 63-75-6.5 .
                      (14) The governor shall include in his budget the state's portion of the budget for the Utah
                  Communications Agency Network established in Title 63C, Chapter 7, Utah Communications

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                  Agency Network Act.
                      Section 12. Section 63A-9-701 is amended to read:
                       63A-9-701. Subscription to motor pool by certain local government entities.
                      (1) The following local government entities may subscribe to the central motor pool service
                  provided by the division subject to the conditions established in Subsection (2):
                      (a) local health departments as defined in Title 26A, Chapter 1, Part 1, Local Health
                  Department Act;
                      (b) local substance abuse authorities as defined in Section 17A-3-701 ;
                      (c) local area agencies [on aging], as authorized by Section 62A-3-104 , or [its] their
                  subcontractors who are local governmental or public entities; and
                      (d) local mental health authorities as defined in Section 17A-3-602 .
                      (2) The local government entities outlined in Subsection (1) may subscribe to the central
                  motor pool service provided by the division only if:
                      (a) the director of the local government entity determines it will result in substantial cost
                  savings or increased efficiency to the local government entity; and
                      (b) the central motor pool has sufficient vehicles available.
                      Section 13. Effective date.
                      This act takes effect on July 1, 1998.

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