H.B. 5011

1

FAMILIES, AGENCIES, COMMUNITIES
2 TOGETHER PROGRAM REPEAL
3 2002 FIFTH SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: Jack A. Seitz
6 This act repeals the Families, Agencies, Communities Together for Children and Youth At
7 Risk Act, makes certain technical changes, and provides an immediate effective date.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 35A-3-207, as last amended by Chapter 13, Laws of Utah 1998
11 62A-5a-104, as last amended by Chapter 179, Laws of Utah 1996
12 63-38-2, as last amended by Chapter 376, Laws of Utah 2001
13 63-55-263, as last amended by Chapter 49, Laws of Utah 2002
14 REPEALS:
15 53A-17a-131.9, as last amended by Chapters 258 and 279, Laws of Utah 2002
16 63-75-1, as last amended by Chapter 136, Laws of Utah 1996
17 63-75-2, as last amended by Chapter 104, Laws of Utah 1999
18 63-75-3, as last amended by Chapter 104, Laws of Utah 1999
19 63-75-4, as last amended by Chapter 104, Laws of Utah 1999
20 63-75-5, as last amended by Chapters 27 and 276, Laws of Utah 1997
21 63-75-5.5, as enacted by Chapter 12, Laws of Utah 1993
22 63-75-5.7, as last amended by Chapter 136, Laws of Utah 1996
23 63-75-6, as last amended by Chapter 240, Laws of Utah 1996
24 63-75-6.5, as enacted by Chapter 136, Laws of Utah 1996
25 63-75-7, as last amended by Chapter 210, Laws of Utah 2002
26 63-75-8, as enacted by Chapter 136, Laws of Utah 1996
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 35A-3-207 is amended to read:
29 35A-3-207. Community based prevention programs.
30 (1) As used in this section:
31 (a) "political subdivision" means a town, city, county, or school district;
32 (b) "qualified sponsor" means a:
33 (i) political subdivision;
34 (ii) community nonprofit, religious, or charitable organization;
35 (iii) regional or statewide nonprofit organization; or
36 (iv) private for profit or nonprofit child care organization with experience and expertise
37 in operating community-based prevention programs described in Subsection (2) and that [are] is
38 licensed under Title 62A, Chapter 2.
39 (2) Within appropriations from the Legislature, the department may provide grants to
40 qualified sponsors for community-based prevention programs that:
41 (a) support parents in their primary care giving role to children;
42 (b) provide positive alternatives to idleness for school-aged children when school is not
43 in session; and
44 (c) support other community-based prevention programs.
45 (3) In awarding grants under this section, the department shall:
46 (a) request proposals for funding from potential qualified sponsors; and
47 (b) comply with the requirements of Subsection (4).
48 (4) (a) In awarding these grants, the department shall ensure that each dollar of funds from
49 political subdivisions or private funds is matched for each dollar received from the department.
50 (b) The value of in-kind contributions such as materials, supplies, paid labor, volunteer
51 labor, and the incremental increase in building maintenance and operation expenses incurred
52 attributable to the prevention program may be considered in meeting this match requirement.
53 (5) In awarding a grant under this section, the department shall consider:
54 (a) the cash portion of the proposed match in relation to the financial resources of the
55 qualified sponsor; and
56 (b) the extent to which the qualified sponsor has:
57 (i) consulted and collaborated with parents of children who are likely to participate, local
58 parent-teacher organizations, and other parent organizations[, and the appropriate local interagency

59 council established under Section 63-75-5.7 ];
60 (ii) identified at risk factors that will be ameliorated through the proposed prevention
61 program;
62 (iii) identified protective factors and developmental assets that will be supported and
63 strengthened through the proposed prevention program; and
64 (iv) the financial support of parents and the organizations specified in Subsection (5)(b)(i).
65 (6) At least 50 percent of the grants awarded under this section shall be awarded to
66 organizations described in Subsection (1)(b)(iv).
67 (7) No federal funds shall be used as matching funds under this [act] section.
68 Section 2. Section 62A-5a-104 is amended to read:
69 62A-5a-104. Powers of council.
70 (1) The council has authority, after local or individual efforts have failed, [including, with
71 regard to persons under 22 years of age, actions by local interagency councils established under
72 Section 63-75-5.7 ,] to:
73 (a) coordinate the appropriate transition of persons with disabilities who receive services
74 and support from one state agency to receive services and support from another state agency;
75 (b) coordinate policies governing the provision of services and support for persons with
76 disabilities by state agencies; and
77 (c) consider issues regarding eligibility for services and support and, where possible,
78 develop uniform eligibility standards for state agencies.
79 (2) The council may receive appropriations from the Legislature to purchase services and
80 supports for persons with disabilities as the council [deems] considers appropriate.
81 Section 3. Section 63-38-2 is amended to read:
82 63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
83 Appropriations based on current tax laws and not to exceed estimated revenues.
84 (1) (a) The governor shall, within three days after the convening of the Legislature in the
85 annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
86 officer of each house of the Legislature together with a schedule for all of the proposed
87 appropriations of the budget, clearly itemized and classified.
88 (b) The budget message shall include a projection of estimated revenues and expenditures
89 for the next fiscal year.

90 (2) At least 34 days before the submission of any budget, the governor shall deliver a
91 confidential draft copy of his proposed budget recommendations to the Office of the Legislative
92 Fiscal Analyst.
93 (3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
94 revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
95 (b) The budget may be accompanied by a separate document showing proposed
96 expenditures and estimated revenues based on changes in state tax laws or rates.
97 (4) The budget shall be accompanied by a statement showing:
98 (a) the revenues and expenditures for the last fiscal year;
99 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds
100 of the state;
101 (c) an estimate of the state's financial condition as of the beginning and the end of the
102 period covered by the budget;
103 (d) a complete analysis of lease with an option to purchase arrangements entered into by
104 state agencies;
105 (e) the recommendations for each state agency for new full-time employees for the next
106 fiscal year; which recommendation should be provided also to the State Building Board under
107 Subsection 63A-5-103 (2);
108 (f) any explanation the governor may desire to make as to the important features of the
109 budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
110 revenue; and
111 (g) the information detailing certain regulatory fee increases required by Section 63-38-3.2 .
112 (5) The budget shall include an itemized estimate of the appropriations for:
113 (a) the Legislative Department as certified to the governor by the president of the Senate
114 and the speaker of the House;
115 (b) the Executive Department;
116 (c) the Judicial Department as certified to the governor by the state court administrator;
117 (d) payment and discharge of the principal and interest of the indebtedness of the state [of
118 Utah];
119 (e) the salaries payable by the state under the Utah Constitution or under law for the lease
120 agreements planned for the next fiscal year;

121 (f) other purposes that are set forth in the Utah Constitution or under law; and
122 (g) all other appropriations.
123 (6) Deficits or anticipated deficits shall be included in the budget.
124 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
125 from the proper state officials, including public and higher education officials, all heads of
126 executive and administrative departments and state institutions, bureaus, boards, commissions, and
127 agencies expending or supervising the expenditure of the state moneys, and all institutions
128 applying for state moneys and appropriations, itemized estimates of revenues and expenditures.
129 The entities required by this Subsection (7)(a)(i) to submit itemized estimates of revenues and
130 expenditures to the governor, shall also report to the Utah Information Technology Commission
131 created in Title 63D, Chapter 1, before October 30 of each year. The report to the Information
132 Technology Commission shall include the proposed information technology expenditures and
133 objectives, the proposed appropriation requests and other sources of revenue necessary to fund the
134 proposed expenditures and an analysis of:
135 (A) the entity's need for appropriations for information technology;
136 (B) how the entity's development of information technology coordinates with other state
137 or local government entities;
138 (C) any performance measures used by the entity for implementing information technology
139 goals; and
140 (D) any efforts to develop public/private partnerships to accomplish information
141 technology goals.
142 (ii) (A) The governor may also require other information under these guidelines and at
143 times as the governor may direct.
144 (B) These guidelines may include a requirement for program productivity and performance
145 measures, where appropriate, with emphasis on outcome indicators.
146 (b) The estimate for the Legislative Department as certified by the presiding officers of
147 both houses shall be included in the budget without revision by the governor. Before preparing
148 the estimates for the Legislative Department, the Legislature shall report to the Information
149 Technology Commission the proposed information technology expenditures and objectives, the
150 proposed appropriation requests and other sources of revenue necessary to fund the proposed
151 expenditures, including an analysis of:

152 (i) the Legislature's implementation of information technology goals;
153 (ii) any coordination of information technology with other departments of state and local
154 government;
155 (iii) any efforts to develop public/private partnerships to accomplish information
156 technology goals; and
157 (iv) any performance measures used by the entity for implementing information technology
158 goals.
159 (c) The estimate for the Judicial Department, as certified by the state court administrator,
160 shall also be included in the budget without revision, but the governor may make separate
161 recommendations on it. Before preparing the estimates for the Judicial Department, the state court
162 administrator shall report to the Information Technology Commission the proposed information
163 technology expenditures and objectives, the proposed appropriation requests and other sources of
164 revenue necessary to fund the proposed expenditures, including an analysis of:
165 (i) the Judicial Department's information technology goals;
166 (ii) coordination of information technology statewide between all courts;
167 (iii) any efforts to develop public/private partnerships to accomplish information
168 technology goals; and
169 (iv) any performance measures used by the entity for implementing information technology
170 goals.
171 (d) Before preparing the estimates for the State Office of Education, the state
172 superintendent shall report to the Information Technology Commission the proposed information
173 technology expenditures and objectives, the proposed appropriation requests and other sources of
174 revenue necessary to fund the proposed expenditures, including an analysis of:
175 (i) the Office of Education's information technology goals;
176 (ii) coordination of information technology statewide between all public schools;
177 (iii) any efforts to develop public/private partnerships to accomplish information
178 technology goals; and
179 (iv) any performance measures used by the Office of Education for implementing
180 information technology goals.
181 (e) Before preparing the estimates for the state system of Higher Education, the
182 commissioner shall report to the Information Technology Commission the proposed information

183 technology expenditures and objectives, the proposed appropriation requests and other sources of
184 revenue necessary to fund the proposed expenditures, including an analysis of:
185 (i) Higher Education's information technology goals;
186 (ii) coordination of information technology statewide within the state system of higher
187 education;
188 (iii) any efforts to develop public/private partnerships to accomplish information
189 technology goals; and
190 (iv) any performance measures used by the state system of higher education for
191 implementing information technology goals.
192 (f) The governor may require the attendance at budget meetings of representatives of
193 public and higher education, state departments and institutions, and other institutions or individuals
194 applying for state appropriations.
195 (g) The governor may revise all estimates, except those relating to the Legislative
196 Department, the Judicial Department, and those providing for the payment of principal and interest
197 to the state debt and for the salaries and expenditures specified by the Utah Constitution or under
198 the laws of the state.
199 (8) The total appropriations requested for expenditures authorized by the budget may not
200 exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal
201 year.
202 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
203 not affect the budget itself or any other item in it.
204 (10) (a) In submitting the budgets for the Departments of Health and Human Services and
205 the Office of the Attorney General, the governor shall consider a separate recommendation in his
206 budget for funds to be contracted to:
207 (i) local mental health authorities under Section 17A-3-606 ;
208 (ii) local substance abuse authorities under Section 62A-8-110.5 ;
209 (iii) area agencies under Section 62A-3-104.2 ;
210 (iv) programs administered directly by and for operation of the Divisions of Mental Health,
211 Substance Abuse, and Aging and Adult Services;
212 (v) local health departments under Title 26A, Chapter 1, Local Health Departments; and
213 (vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .

214 (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
215 shall consider an amount sufficient to grant local health departments, local mental health
216 authorities, local substance abuse authorities, and area agencies the same percentage increase for
217 wages and benefits that he includes in his budget for persons employed by the state.
218 (c) If the governor does not include in his budget an amount sufficient to grant the increase
219 described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
220 for not including that amount.
221 (11) (a) In submitting the budget for the Division of Services for People with Disabilities,
222 the Division of Child and Family Services, and the Division of Youth Corrections within the
223 Department of Human Services, the governor shall consider an amount sufficient to grant
224 employees of corporations that provide direct services under contract with those divisions, the
225 same percentage increase for cost-of-living that he includes in his budget for persons employed
226 by the state.
227 (b) If the governor does not include in his budget an amount sufficient to grant the increase
228 described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
229 for not including that amount.
230 [(12) (a) The Families, Agencies, and Communities Together Council may propose to the
231 governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative service
232 delivery systems operated under Section 63-75-6.5 .]
233 [(b) The Legislature may, through a specific program schedule, designate funds
234 appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .]
235 [(13)] (12) The governor shall include in his budget the state's portion of the budget for
236 the Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
237 Communications Agency Network Act.
238 Section 4. Section 63-55-263 is amended to read:
239 63-55-263. Repeal dates, Titles 63 and 63A.
240 (1) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is
241 repealed July 1, 2012.
242 (b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
243 (2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed July
244 1, 2007.

245 (3) The Resource Development Coordinating Committee, created in Section 63-28a-2 , is
246 repealed July 1, 2004.
247 (4) Title 63, Chapter 38c, State Appropriations and Tax Limitation Act, is repealed July
248 1, 2005.
249 [(5) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children and
250 Youth At Risk Act, is repealed July 1, 2006.]
251 [(6)] (5) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2005.
252 [(7)] (6) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund to
253 provide coverage to nonstate entities, are repealed July 1, 2006.
254 [(8)] (7) Title 63A, Chapter 7, Utah Sports Authority Act, is repealed July 1, 2003.
255 [(9)] (8) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2003.
256 Section 5. Repealer.
257 This act repeals:
258 Section 53A-17a-131.9, Agencies coming together for children and youth at risk.
259 Section 63-75-1, Title.
260 Section 63-75-2, Purpose of chapter.
261 Section 63-75-3, Definitions.
262 Section 63-75-4, Families, Agencies, and Communities Together State Council --
263 Composition -- Duties -- Interagency case management team.
264 Section 63-75-5, Steering committee -- Membership -- Duties.
265 Section 63-75-5.5, Staffing.
266 Section 63-75-5.7, Local interagency council -- Composition -- Duties.
267 Section 63-75-6, Prevention and early intervention programs -- Applicants -- Selection
268 process.
269 Section 63-75-6.5, Plans for collaborative service delivery systems.
270 Section 63-75-7, Evaluation of programs -- Report to legislative interim committee.
271 Section 63-75-8, Relationship to political subdivisions.
272 Section 6. Effective date.
273 If approved by two-thirds of all the members elected to each house, this act takes effect
274 upon approval by the governor, or the day following the constitutional time limit of Utah
275 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the

276 date of veto override.




Legislative Review Note
as of 7-9-02 11:36 AM

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

Office of Legislative Research and General Counsel