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H.B. 211






Sponsor: Rebecca D. Lockhart

             6      This act modifies the Human Services Code. This act specifies that all appropriations to
             7      the Division of Services for People with Disabilities are nonlapsing and limits the use of
             8      unexpended funds to one-time expenditures.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          62A-5-102, as last amended by Chapter 2, Laws of Utah 1995, First Special Session
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 62A-5-102 is amended to read:
             14           62A-5-102. Division of Services for People with Disabilities -- Creation --
             15      Authority -- Direction -- Waiting list prioritization.
             16          (1) There is created within the department the Division of Services for People with
             17      Disabilities, under the administrative direction of the executive director of the department.
             18          (2) In accordance with this chapter, the division has the responsibility to plan and
             19      deliver an appropriate array of services and supports to persons with disabilities and their
             20      families in this state.
             21          (3) Within appropriations from the Legislature, the division shall provide services to
             22      persons with disabilities who are waiting for services and support from the division, based on
             23      the following criteria:
             24          (a) severity of disability;
             25          (b) urgency of need for services;
             26          (c) length of time without services from the division, regardless of whether that person
             27      has formally applied for services and support from the division; and

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

Legislative Review Note
    as of 1-22-03 4:31 PM

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

Office of Legislative Research and General Counsel

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