H.B. 41

1

UTAH SUBSTANCE ABUSE AND
2 ANTI-VIOLENCE COORDINATING COUNCIL
3 AMENDMENTS
4 2002 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Neal B. Hendrickson
7 This act modifies State Affairs in general by eliminating certain committees of the Utah
8 Substance Abuse and Anti-Violence Coordinating Council and modifying provisions
9 governing the council.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 63-25a-201, as last amended by Chapter 220, Laws of Utah 2001
13 63-25a-202, as last amended by Chapter 308, Laws of Utah 1997
14 63-25a-203, as last amended by Chapter 270, Laws of Utah 1999
15 63-25a-205, as last amended by Chapter 308, Laws of Utah 1997
16 63-25a-207, as last amended by Chapter 308, Laws of Utah 1997
17 REPEALS:
18 63-25a-204, as last amended by Chapter 220, Laws of Utah 2001
19 63-25a-206, as last amended by Chapter 270, Laws of Utah 1999
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 63-25a-201 is amended to read:
22 63-25a-201. Creation of council -- Membership -- Terms.
23 (1) There is created within the governor's office the Utah Substance Abuse and
24 Anti-Violence Coordinating Council.
25 (2) The Utah Substance Abuse and Anti-Violence Coordinating Council comprises 26
26 voting members as follows:
27 (a) the attorney general or the attorney general's designee;

28 (b) a county commissioner designated by the Utah Association of Counties;
29 (c) the commissioner of public safety or the commissioner's designee;
30 (d) the director of the Division of Substance Abuse or the director's designee;
31 (e) the state superintendent of public instruction or the superintendent's designee;
32 (f) the director of the Department of Health or the director's designee;
33 (g) the director of the Division of Mental Health or the director's designee;
34 (h) the executive director of the Commission on Criminal and Juvenile Justice or the
35 executive director's designee;
36 (i) the governor or [his] the governor's designee;
37 [(j) the chairs of the Justice, Prevention, Treatment, and Judiciary Committees;]
38 [(k)] (j) the executive director of the Department of Corrections or the executive director's
39 designee;
40 [(l)] (k) the director of the Division of Youth Corrections or the director's designee;
41 [(m)] (l) the chair of the Domestic Violence Advisory Council or [his] the chair's designee;
42 [(n)] (m) the following members designated to serve four-year terms:
43 (i) a member of the House of Representatives designated by the speaker;
44 (ii) a member of the Senate designated by the president;
45 (iii) a member of the judiciary designated by the chief justice of the Utah Supreme Court;
46 (iv) a representative designated by the Utah League of Cities and Towns; and
47 (v) a representative from the offices of minority affairs designated by the directors of those
48 offices or a designee; [and]
49 [(o)] (n) the following members appointed by the governor to serve four-year terms:
50 (i) a representative of the Utah National Guard, appointed by the governor;
51 (ii) one resident of the state who has been personally affected by domestic violence;
52 (iii) one resident of the state who has been personally affected by gang violence;
53 (iv) one resident of the state who has been personally affected by alcohol or other drug
54 abuse; and
55 (v) one citizen representative[.]; and
56 (o) the following members appointed by the members in Subsections (2)(a) through (2)(n)
57 to serve four-year terms:
58 (i) a person knowledgeable in criminal justice issues;

59 (ii) a person knowledgeable in substance abuse treatment issues;
60 (iii) a person knowledgeable in substance abuse prevention issues; and
61 (iv) a person knowledgeable in judiciary issues.
62 Section 2. Section 63-25a-202 is amended to read:
63 63-25a-202. Chair -- Vacancies -- Quorum -- Expenses.
64 (1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall annually
65 select one of its members to serve as chair.
66 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
67 appointed for the unexpired term in the same manner as the position was originally filled.
68 (3) A majority of the members of the council constitutes a quorum.
69 (4) (a) (i) Members who are not government employees shall receive no compensation or
70 benefits for their services, but may receive per diem and expenses incurred in the performance of
71 the member's official duties at the rates established by the Division of Finance under Sections
72 63A-3-106 and 63A-3-107 .
73 (ii) Members may decline to receive per diem and expenses for their service.
74 (b) (i) State government officer and employee members who do not receive salary, per
75 diem, or expenses from their agency for their service may receive per diem and expenses incurred
76 in the performance of their official duties from the council at the rates established by the Division
77 of Finance under Sections 63A-3-106 and 63A-3-107 .
78 (ii) State government officer and employee members may decline to receive per diem and
79 expenses for their service.
80 (c) Legislators on the [committee] council shall receive compensation and expenses as
81 provided by law and legislative rule.
82 (d) (i) Local government members who do not receive salary, per diem, or expenses from
83 the entity that they represent for their service may receive per diem and expenses incurred in the
84 performance of their official duties at the rates established by the Division of Finance under
85 Sections 63A-3-106 and 63A-3-107 .
86 (ii) Local government members may decline to receive per diem and expenses for their
87 service.
88 (5) The council may establish subcommittees as needed to assist in accomplishing its
89 duties under Section 63-25a-203 .

90 Section 3. Section 63-25a-203 is amended to read:
91 63-25a-203. Duties of council.
92 (1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall:
93 (a) provide leadership and generate unity for Utah's ongoing efforts to combat substance
94 abuse and community violence;
95 (b) recommend and coordinate the creation, dissemination, and implementation of a
96 statewide substance abuse and anti-violence policy;
97 (c) facilitate planning for a balanced continuum of substance abuse and community
98 violence prevention, treatment, and justice services;
99 (d) promote collaboration and mutually beneficial public and private partnerships;
100 (e) coordinate recommendations made by [the committees] any subcommittees created
101 under Section [ 63-25a-206 ] 63-25a-202 ; and
102 (f) analyze and provide an objective assessment of all proposed legislation concerning
103 alcohol and other drug issues and community violence issues.
104 (2) The council shall meet quarterly or more frequently as determined necessary by the
105 chair.
106 (3) The council shall report its recommendations annually to the commission, governor,
107 Legislature, and judicial council.
108 Section 4. Section 63-25a-205 is amended to read:
109 63-25a-205. Chair -- Vacancies -- Quorum -- Expenses.
110 (1) The members of [the Justice, Treatment, Prevention, and Judiciary Committees] any
111 subcommittees established by the council shall each annually select one of their members as chairs.
112 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
113 appointed for the unexpired term in the same manner as the position was originally filled.
114 (3) A majority of the members of a [committee] subcommittee constitutes a quorum for
115 the transaction of business by the [committee] subcommittee.
116 (4) (a) (i) Members who are not government employees shall receive no compensation or
117 benefits for their services, but may receive per diem and expenses incurred in the performance of
118 the member's official duties at the rates established by the Division of Finance under Sections
119 63A-3-106 and 63A-3-107 .
120 (ii) Members may decline to receive per diem and expenses for their service.

121 (b) (i) State government officer and employee members who do not receive salary, per
122 diem, or expenses from their agency for their service may receive per diem and expenses incurred
123 in the performance of their official duties from the committee at the rates established by the
124 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
125 (ii) State government officer and employee members may decline to receive per diem and
126 expenses for their service.
127 (c) Legislators on the [committee] subcommittee shall receive compensation and expenses
128 as provided by law and legislative rule.
129 (d) Members from higher education may not receive per diem or expenses for their service.
130 (e) (i) Local government members who do not receive salary, per diem, or expenses from
131 the entity that they represent for their service may receive per diem and expenses incurred in the
132 performance of their official duties at the rates established by the Division of Finance under
133 Sections 63A-3-106 and 63A-3-107 .
134 (ii) Local government members may decline to receive per diem and expenses for their
135 service.
136 Section 5. Section 63-25a-207 is amended to read:
137 63-25a-207. Staffing.
138 The Commission on Criminal and Juvenile Justice shall provide staff to the council and
139 [the committees] any subcommittees established by the council.
140 Section 6. Repealer.
141 This act repeals:
142 Section 63-25a-204, Creation of committees -- Membership -- Terms.
143 Section 63-25a-206, Duties of committees.




Legislative Review Note
as of 11-15-01 8:55 AM

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

Office of Legislative Research and General Counsel

Committee Note

The Government Operations Interim Committee recommended this bill.