H.B. 339 Enrolled

DIVISION OF SERVICES FOR PEOPLE
WITH DISABILITIES
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Rebecca D. Lockhart
This act amends the Utah Human Services Code. This act modifies the duties of the Board
of Services for People with Disabilities.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-5-105, as last amended by Chapter 179, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-5-105 is amended to read:
62A-5-105. Board -- Membership -- Responsibilities -- Policy mediation.
(1) The board is the policymaking body for the division and shall establish by rule the
policy of the division in accordance with:
(a) the policy of the Legislature as set forth by this chapter; and
(b) Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(2) The board shall:
(a) establish program policy for the division, the developmental center, and programs and
facilities operated by or under contract with the division;
(b) establish policies for the assessment and collection of fees for programs within the
division;
(c) establish procedures to ensure that private citizens, consumers, private contract
providers, allied state and local agencies, and others are provided with an opportunity to comment
and provide input regarding any new policy or proposed revision to an existing policy;
(d) provide a mechanism for systematic and regular review of existing policy and for
consideration of policy changes proposed by the persons and agencies described under Subsection
(2)(c);
(e) (i) periodically review the criteria used to determine who may receive services from

the division and how the delivery of those services is prioritized within available funding; and
(ii) make periodic recommendations based on the review conducted under Subsection
(2)(e)(i) to the Health and Human Services Interim Committee beginning at or before the September
2002 meeting of the committee;
(f) review implementation and compliance by the division with policies established by the
board to ensure that the policies established by the Legislature in this chapter are carried out; and
(g) annually report to the executive director.
[(1)] (3) At least one member of the board[, established in accordance with Sections
62A-1-105 and 62A-1-107 ,] shall be a person whose life or family is directly affected by a disability,
and at least one other board member shall be a person with a physical disability.
[(2) The board shall report annually to the governor.]
(4) The executive director shall mediate any differences which arise between the policies of
the board and those of any other policy board in the department.
[(3) The board shall review rules necessary to carry out the purposes of this part, comment
on existing programs and services to persons with disabilities, recommend new program areas to the
director, and establish policies for the assessment and collection of fees.]
[(4) The board has the power and responsibility to set policy for the division, the
developmental center, and for other programs and facilities operated by or under contract with the
division.]

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