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H.B. 211 Enrolled






Sponsor: Rebecca D. Lockhart

                  This act modifies the Human Services Code. This act specifies that all appropriations to
                  the Division of Services for People with Disabilities are nonlapsing and limits the use of
                  unexpended funds to one-time expenditures.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      62A-5-102, as last amended by Chapter 2, Laws of Utah 1995, First Special Session
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 62A-5-102 is amended to read:
                       62A-5-102. Division of Services for People with Disabilities -- Creation --
                  Authority -- Direction -- Waiting list prioritization.
                      (1) There is created within the department the Division of Services for People with
                  Disabilities, under the administrative direction of the executive director of the department.
                      (2) In accordance with this chapter, the division has the responsibility to plan and
                  deliver an appropriate array of services and supports to persons with disabilities and their
                  families in this state.
                      (3) Within appropriations from the Legislature, the division shall provide services to
                  persons with disabilities who are waiting for services and support from the division, based on
                  the following criteria:
                      (a) severity of disability;
                      (b) urgency of need for services;
                      (c) length of time without services from the division, regardless of whether that person
                  has formally applied for services and support from the division; and
                      (d) ability of parents or guardians to provide them with appropriate care and

                      (4) The division has the functions, powers, duties, rights, and responsibilities described
                  in Section 62A-5-103 and is authorized to work in cooperation with other state, governmental,
                  and private agencies to carry out those responsibilities.
                      (5) Within appropriations authorized by the Legislature, and to the extent allowed under
                  Title XIX of the Social Security Act, the division shall ensure that the services and support it
                  provides to persons with disabilities:
                      (a) are provided in the least restrictive and most enabling environment;
                      (b) ensure opportunities to access employment; and
                      (c) enable reasonable personal choice in selecting services and support that best meet
                  individual needs and promote independence, productivity, and integration in community life.
                      (6) Appropriations to the division are nonlapsing. Funds unexpended at the end of the
                  fiscal year may be used only for one-time expenditures unless otherwise authorized by the

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