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First Substitute H.B. 339

Representative Rebecca D. Lockhart proposes the following substitute bill:





Sponsor: Rebecca D. Lockhart

             6      This act amends the Human Services code. This act modifies the duties of the Board of
             7      Services for People with Disabilities.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          62A-5-105, as last amended by Chapter 179, Laws of Utah 1996
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 62A-5-105 is amended to read:
             13           62A-5-105. Board -- Membership -- Responsibilities.
             14          (1) The board is the policymaking body for the division and shall establish by rule the
             15      policy of the division in accordance with:
             16          (a) the policy of the Legislature as set forth by this chapter; and
             17          (b) Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
             18          (2) The board shall:
             19          (a) establish program policy for the division, the developmental center, and programs and
             20      facilities operated by or under contract with the division;
             21          (b) establish policies for the assessment and collection of fees for programs within the
             22      division;
             23          (c) establish procedures to ensure that private citizens, consumers, private contract
             24      providers, allied state and local agencies, and others are provided with an opportunity to comment
             25      and provide input regarding any new policy or proposed revision to an existing policy;

             26          (d) provide a mechanism for systematic and regular review of existing policy and for
             27      consideration of policy changes proposed by the persons and agencies described under Subsection
             28      (2)(c);
             29          (e) (i) periodically review the criteria used to determine who may receive services from
             30      the division and how the delivery of those services is prioritized within available funding; and
             31          (ii) make periodic recommendations based on the review conducted under Subsection
             32      (2)(e)(i) to the Health and Human Services Interim Committee beginning at or before the
             33      September 2002 meeting of the committee;
             34          (f) review implementation and compliance by the division with policies established by the
             35      board to ensure that the policies established by the Legislature in this chapter are carried out; and
             36          (g) annually report to the executive director.
             37          [(1)] (3) At least one member of the board[, established in accordance with Sections
             38      62A-1-105 and 62A-1-107 ,] shall be a person whose life or family is directly affected by a
             39      disability, and at least one other board member shall be a person with a physical disability.
             40          [(2) The board shall report annually to the governor.]
             41          (4) The executive director shall mediate any differences which arise between the policies
             42      of the board and those of any other policy board in the department.
             43          [(3) The board shall review rules necessary to carry out the purposes of this part, comment
             44      on existing programs and services to persons with disabilities, recommend new program areas to
             45      the director, and establish policies for the assessment and collection of fees.]
             46          [(4) The board has the power and responsibility to set policy for the division, the
             47      developmental center, and for other programs and facilities operated by or under contract with the
             48      division.]

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