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H.B. 48






Sponsor: Paul Ray

             6      This act modifies provisions related to special districts. The act expands the duties of local
             7      substance abuse authorities to include services to people convicted of driving under the
             8      influence and authorizes the use of proceeds from DUI penalties to fund those services. The
             9      act makes technical amendments.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          17A-3-701, as last amended by Chapter 1, Laws of Utah 2000
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 17A-3-701 is amended to read:
             15           17A-3-701. Local substance abuse authorities -- Responsibilities.
             16          (1) All county governing bodies in this state are local substance abuse authorities. Within
             17      legislative appropriations and county matching funds required by this section, and under the policy
             18      direction of the state Board of Substance Abuse and the administrative direction of the Division
             19      of Substance Abuse within the Department of Human Services, local substance abuse authorities
             20      shall provide substance abuse services to residents of their respective counties. Two or more
             21      county governing bodies may join to provide substance abuse prevention and treatment services.
             22          (2) The governing bodies may establish acceptable ways of apportioning the cost of
             23      substance abuse services. Any agreement for joint substance abuse services may designate the
             24      treasurer of one of the participating counties as the custodian of moneys available for those joint
             25      services, and that the designated treasurer, or other disbursing officer, may make payments from
             26      those moneys for such purposes upon audit of the appropriate auditing officer or officers
             27      representing the participating counties. The agreement may provide for joint operation of services

             28      and facilities or for operation of services and facilities under contract by one participating local
             29      substance abuse authority for other participating local substance abuse authorities.
             30          (3) (a) All county governing bodies, as local substance abuse authorities, are accountable
             31      to the Department of Human Services, the Department of Health, and the state with regard to the
             32      use of state and federal funds received from those departments for substance abuse services,
             33      regardless of whether the services are provided by a private contract provider.
             34          (b) A local substance abuse authority shall comply, and require compliance by its contract
             35      provider, with all directives issued by the Department of Human Services and the Department of
             36      Health regarding the use and expenditure of state and federal funds received from those
             37      departments for the purpose of providing substance abuse programs and services. The Department
             38      of Human Services and Department of Health shall ensure that those directives are not duplicative
             39      or conflicting, and shall consult and coordinate with local substance abuse authorities with regard
             40      to programs and services.
             41          (4) Local substance abuse authorities shall:
             42          (a) review and evaluate substance abuse prevention and treatment needs and services;
             43          (b) annually prepare and submit a plan to the division for funding and service delivery; the
             44      plan shall include, but is not limited to, primary prevention, targeted prevention, early intervention,
             45      and treatment services;
             46          (c) establish and maintain, either directly or by contract, programs licensed under Title
             47      62A, Chapter 2, Licensure of Programs and Facilities;
             48          (d) appoint directly or by contract a full or part time director for substance abuse programs,
             49      and prescribe his duties;
             50          (e) provide input and comment on new and revised policies established by the state Board
             51      of Substance Abuse;
             52          (f) establish and require contract providers to establish administrative, clinical, personnel,
             53      financial, and management policies regarding substance abuse services and facilities, in accordance
             54      with the policies of the state Board of Substance Abuse, and state and federal law;
             55          (g) establish mechanisms allowing for direct citizen input;
             56          (h) annually contract with the Division of Substance Abuse to provide substance abuse
             57      programs and services in accordance with the provisions of Title 62A, Chapter 8, Substance
             58      Abuse;

             59          (i) comply with all applicable state and federal statutes, policies, audit requirements,
             60      contract requirements, and any directives resulting from those audits and contract requirements;
             61          (j) promote or establish programs for the prevention of substance abuse within the
             62      community setting through community-based prevention programs;
             63          (k) provide funding equal to at least 20% of the state funds that it receives to fund services
             64      described in the plan; [and]
             65          (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
             66      Cooperation Act, Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations
             67      and Other Local Entities, and Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special
             68      Districts Act[.];
             69          (m) for persons convicted of driving under the influence in violation of Subsection
             70      41-6-44 (2) or Section 41-6-44.6 , conduct the following as defined in Section 41-6-44 :
             71          (i) a screening and assessment;
             72          (ii) an educational series; and
             73          (iii) substance abuse treatment; and
             74          (n) utilize proceeds of the accounts described in Subsection 62A-8-303 (1) to supplement
             75      the cost of providing the services described in Subsection (4)(m).
             76          (5) Before disbursing any public funds, local substance abuse authorities shall require that
             77      all entities that receive any public funds from a local substance abuse authority agree in writing
             78      that:
             79          (a) the division may examine the entity's financial records;
             80          (b) the county auditor may examine and audit the entity's financial records; and
             81          (c) the entity will comply with the provisions of Subsection (3)(b).
             82          (6) Local substance abuse authorities may receive property, grants, gifts, supplies,
             83      materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
             84      gifts are conditioned upon their use for a specified service or program, they shall be so used.
             85          (7) (a) For purposes of this section "public funds" means the same as that term is defined
             86      in Section 17A-3-703 .
             87          (b) Nothing in this section limits or prohibits an organization exempt under Section
             88      501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
             89      financial arrangement that is otherwise lawful for that organization.

Legislative Review Note
    as of 11-14-01 1:58 PM

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

Office of Legislative Research and General Counsel

Committee Note

The Health and Human Services Interim Committee recommended this bill.

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