H.B. 211

1

DISABILITIES APPROPRIATIONS
2 NONLAPSING
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 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