H.B. 360 Enrolled

CHILDREN'S JUSTICE CENTER PROGRAM AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Scott Daniels
Mike Thompson
Patrice M. Arent
Gary F. Cox
A. Lamont Tyler
Neal B. Hendrickson
Bryan D. Holladay
Max W. Young
Gerry A. Adair

This act adds provisions allowing the attorney general to establish satellite offices for
Children's Justice Centers and adds Emery and Wasatch counties to the list of counties in
which a Children's Justice Center shall be established. The act also requires that the
governor make separate recommendations in the budget for Children's Justice Centers'
through the attorney general's office.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-38-2, as last amended by Chapter 339, Laws of Utah 2000
67-5b-102, as last amended by Chapter 320, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. 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

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 (7)(a)(i) to submit itemized estimates of revenues and expenditures to the
governor, shall also report to the Utah Information Technology Commission created in Title 63D,
Chapter 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] budgets for the Departments of Health and Human
Services and the Office of the Attorney General, the governor shall consider a separate
recommendation in his budget for funds to be contracted to:

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(i) local mental health authorities under Section 17A-3-606 ;
(ii) local substance abuse authorities under Section 62A-8-110.5 ;
(iii) area agencies 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[.]; and
(vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
(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 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,
the Division of Child and Family Services, and the Division of Youth Corrections within the
Department of Human Services, the governor shall consider an amount sufficient to grant employees
of corporations that provide direct services under contract with those divisions, 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) (a) The Families, Agencies, and Communities Together Council may propose to the
governor under Subsection 63-75-4 (4)(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 .
(13) The governor shall include in his budget the state's portion of the budget for the Utah

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Communications Agency Network established in Title 63C, Chapter 7, Utah Communications
Agency Network Act.
Section 2. Section 67-5b-102 is amended to read:
67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of center.
(1) (a) There is established a program that provides a comprehensive, multidisciplinary,
nonprofit, intergovernmental response to sexual abuse of children and serious physical abuse of
children in a facility known as a Children's Justice Center.
(b) The attorney general shall administer the program.
(c) The attorney general shall:
(i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103 ;
(ii) administer applications for state and federal grants;
(iii) staff the Advisory Board on Children's Justice;
(iv) assist in the development of new centers; and
(v) coordinate services between centers.
(2) (a) The attorney general shall establish Children's Justice Centers or satellite offices in
Cache County, Carbon County, Davis County, Duchesne County, Emery County, Grand County, Salt
Lake County, Tooele County, Uintah County, Utah County, Wasatch County, Washington County,
and Weber County.
(b) The attorney general may establish other centers within a county and in other counties
of the state.
(3) The attorney general and each center shall fulfill the statewide purpose of each center by:
(a) minimizing the time and duplication of effort required to investigate, prosecute, and
initiate treatment for the abused child in the state;
(b) facilitating the investigation of the alleged offense against the abused child;
(c) conducting interviews of abused children and their families in a professional manner;
(d) obtaining reliable and admissible information which can be used effectively in criminal
and child protection proceedings in the state;
(e) coordinating and tracking:

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(i) the use of limited medical and psychiatric services;
(ii) investigation of the alleged offense;
(iii) preparation of prosecution;
(iv) treatment of the abused child and family; and
(v) education and training of persons who provide services to the abused child and its family
in the state;
(f) expediting the processing of the case through the courts in the state;
(g) protecting the interest of the abused child and the community in the state;
(h) reducing trauma to the abused child in the state;
(i) enhancing the community understanding of sexual abuse of children and serious physical
abuse of children in the state; and
(j) providing as many services as possible that are required for the thorough and effective
investigation of child abuse cases.
(4) To assist a center in fulfilling the requirements and statewide purposes as provided in
Subsection (3), each center may obtain access to any relevant juvenile court legal records and adult
court legal records, unless sealed by the court.
(5) The statewide purpose of this chapter is to establish a program that provides a
comprehensive, multidisciplinary, nonprofit, intergovernmental response to sexual abuse of children
and serious physical abuse of children in a facility known as a Children's Justice Center.

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