H.B. 165 Enrolled

UTAH COMMISSION ON AGING
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Patricia W. Jones
Senate Sponsor: Peter C. Knudson
Sheryl L. Allen
Ralph Becker
Jackie Biskupski
DeMar Bud Bowman
D. Gregg Buxton
Carl W. Duckworth
Brent H. Goodfellow
James R. GowansNeil A. Hansen
Ann W. Hardy
Neal B. Hendrickson
David L. Hogue
Kory M. Holdaway
Brad King
Bradley G. Last
M. Susan LawrenceDavid Litvack
Rosalind J. McGee
Karen W. Morgan
Carol Spackman Moss
Ross I. Romero
LaWanna Lou Shurtliff
Stephen H. Urquhart
Peggy Wallace
LONG TITLE
General Description:
This bill creates the Utah Commission on Aging.
Highlighted Provisions:
This bill:
. defines terms;
. provides, under the Legislative Oversight and Sunset Act, that the Utah
Commission on Aging, created by this bill, will be repealed on July 1, 2007;
. creates the Utah Commission on Aging and lists the purposes, duties, and powers of
the commission;
. establishes membership of the commission;
. creates the position of executive director of the commission and lists the executive
director's duties;
. requires that an annual report of the commission's accomplishments be submitted to
the governor and the Executive Appropriations Committee of the Legislature;
. provides for the appointment of a chair and for the conduct of the commission's
meetings;

. provides that members of the commission serve without pay, but are entitled to a per
diem and reimbursement of expenses;
. provides that, for the fiscal years 2005-06 and 2006-07, the Department of Human
Services shall:
. pay the salary of the executive director of the Utah Commission on Aging out of
the department's existing budget; and
. provide staff support to the executive director and the commission; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63-55-263, as last amended by Chapters 37, 90 and 238, Laws of Utah 2004
ENACTS:
63-99-101, Utah Code Annotated 1953
63-99-102, Utah Code Annotated 1953
63-99-103, Utah Code Annotated 1953
63-99-104, Utah Code Annotated 1953
63-99-105, Utah Code Annotated 1953
63-99-106, Utah Code Annotated 1953
63-99-107, Utah Code Annotated 1953
63-99-108, Utah Code Annotated 1953
63-99-109, Utah Code Annotated 1953
63-99-110, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 63-55-263 is amended to read:
63-55-263. Repeal dates, Titles 63 to 63E.
(1) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
(2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed
July 1, 2007.
(3) The Resource Development Coordinating Committee, created in Section 63-38d-501 ,
is repealed July 1, 2005.
(4) Title 63, Chapter 38c, State Appropriations and Tax Limitation Act, is repealed July
1, 2005.
(5) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July 1,
2005.
(6) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
and Youth At Risk Act, is repealed July 1, 2006.
(7) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2005.
(8) Title 63, Chapter 99, Utah Commission on Aging, is repealed July 1, 2007.
[(8)] (9) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund to
provide coverage to nonstate entities, are repealed July 1, 2006.
[(9) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2004.]
Section 2. Section 63-99-101 is enacted to read:
CHAPTER 99. UTAH COMMISSION ON AGING
63-99-101. Title.
This chapter is known as "Utah Commission on Aging."
Section 3. Section 63-99-102 is enacted to read:
63-99-102. Definitions.
As used in this chapter:
(1) "Aging" and "aged" are as defined in Section 62A-3-101 .
(2) "Commission" means the Utah Commission on Aging, created in Section 63-99-103 .
Section 4. Section 63-99-103 is enacted to read:

63-99-103. Creation -- Purpose.
(1) In accordance with this chapter, there is created within the governor's office the Utah
Commission on Aging.
(2) The commission's purpose is to:
(a) increase public and government understanding of the current and future needs of the
state's aging population and how those needs may be most effectively and efficiently met;
(b) study, evaluate, and report on the projected impact that the state's increasing aging
population will have on:
(i) government services;
(ii) health services;
(iii) social services;
(iv) the economy; and
(v) society in general;
(c) identify and recommend implementation of specific policies, procedures, and
programs to respond to the needs and impact of the aging population relating to:
(i) government services;
(ii) health services;
(iii) social services;
(iv) the economy; and
(v) society in general;
(d) facilitate coordination of the functions of public and private entities concerned with
the aging population; and
(e) accomplish the duties enumerated in Section 63-99-106 .
Section 5. Section 63-99-104 is enacted to read:
63-99-104. Composition -- Appointments -- Terms -- Removal.
(1) The commission shall be composed of 21 voting members as follows:
(a) one senator, appointed by the president of the Senate;
(b) one representative, appointed by the speaker of the House of Representatives;

(c) the executive director of the Department of Health;
(d) the executive director of the Department of Human Services;
(e) the executive director of the Department of Community and Economic Development;
(f) the executive director of the Department of Workforce Services; and
(g) 15 voting members, appointed by the governor, representing each of the following:
(i) the Utah Association of Area Agencies on Aging;
(ii) higher education in Utah;
(iii) the business community;
(iv) the Utah Association of Counties;
(v) the Utah League of Cities and Towns;
(vi) charitable organizations;
(vii) the health care provider industry;
(viii) financial institutions;
(ix) the legal profession;
(x) the public safety sector;
(xi) public transportation;
(xii) ethnic minorities;
(xiii) the industry that provides long-term care for the elderly;
(xiv) organizations or associations that advocate for the aging population; and
(xv) the general public.
(2) (a) A member appointed under Subsection (1)(g) shall serve a two-year term.
(b) Notwithstanding the term requirements of Subsection (2)(a), the governor may adjust
the length of the initial commission members' terms to ensure that the terms are staggered so that
approximately 1/2 of the members appointed under Subsection (1)(g) are appointed each year.
(c) When, for any reason, a vacancy occurs in a position appointed by the governor under
Subsection (1)(g), the governor shall appoint a person to fill the vacancy for the unexpired term
of the commission member being replaced.
(d) Members appointed under Subsection (1)(g) may be removed by the governor for

cause.
(3) In appointing the members under Subsection (1)(g), the governor shall:
(a) take into account the geographical makeup of the commission; and
(b) strive to appoint members who are knowledgeable or have an interest in issues
relating to the aging population.
Section 6. Section 63-99-105 is enacted to read:
63-99-105. Executive director -- Qualifications -- Appointment -- Functions.
(1) (a) Subject to Subsection (1)(b), the governor shall appoint an executive director of
the commission.
(b) The executive director appointed under Subsection (1)(a) shall be a person
knowledgeable and experienced in matters relating to:
(i) management; and
(ii) the aging population.
(2) The executive director, under the direction of the commission, shall administer the
duties of the commission.
Section 7. Section 63-99-106 is enacted to read:
63-99-106. Duties and powers of commission.
(1) The commission shall:
(a) fulfill the commission's purposes as listed in Section 63-99-103 ;
(b) facilitate the communication and coordination of public and private entities that
provide services to the aging population;
(c) study, evaluate, and report on the status and effectiveness of policies, procedures, and
programs that provide services to the aging population;
(d) study and evaluate the policies, procedures, and programs implemented by other
states that address the needs of the aging population;
(e) facilitate and conduct the research and study of issues related to aging;
(f) provide a forum for public comment on issues related to aging;
(g) provide public information on the aging population and the services available to the

aging population;
(h) facilitate the provision of services to the aging population from the public and private
sectors; and
(i) encourage state and local governments to analyze, plan, and prepare for the impacts of
the aging population on services and operations.
(2) To accomplish its duties, the commission may:
(a) request and receive from any state or local governmental agency or institution,
summary information relating to the aging population, including:
(i) reports;
(ii) audits;
(iii) projections; and
(iv) statistics;
(b) apply for and accept grants or donations for uses consistent with the duties of the
commission from public or private sources; and
(c) appoint special committees to advise and assist the commission.
(3) All funds received under Subsection (2)(b) shall be:
(a) accounted for and expended in compliance with the requirements of federal and state
law; and
(b) continuously available to the commission to carry out the commission's duties.
(4) (a) Members of a special committee described in Subsection (2)(c):
(i) shall be appointed by the commission;
(ii) may be:
(A) members of the commission; or
(B) individuals from the private or public sector; and
(iii) notwithstanding Section 63-99-109 , shall not receive any reimbursement or pay for
any work done in relation to the special committee.
(b) A special committee described in Subsection (2)(c) shall report to the commission on
the progress of the special committee.

(5) This chapter does not diminish the planning authority conferred on state, regional,
and local governments by existing law.
Section 8. Section 63-99-107 is enacted to read:
63-99-107. Annual report by the commission.
(1) The commission shall annually prepare and publish a report directed to the:
(a) governor; and
(b) Executive Appropriations Committee of the Legislature.
(2) The report described in Subsection (1) shall:
(a) describe how the commission fulfilled its statutory purposes and duties during the
year; and
(b) contain recommendations on how the state should act to address issues relating to the
aging population.
Section 9. Section 63-99-108 is enacted to read:
63-99-108. Appointment of chair -- Meetings.
(1) The governor shall appoint a member of the commission to serve as chair.
(2) (a) Subject to the other provisions of this Subsection (2), the chair is responsible for
the call and conduct of meetings.
(b) The chair shall call and hold meetings of the commission at least bimonthly.
(c) One of the bimonthly meetings described in Subsection (2)(b) shall be held while the
Legislature is convened in its annual session.
(d) One or more additional meetings may be called upon request by a majority of the
commission's members.
(3) (a) A majority of the members of the commission constitute a quorum.
(b) The action of a majority of a quorum constitutes the action of the commission.
Section 10. Section 63-99-109 is enacted to read:
63-99-109. Members serve without pay -- Reimbursement for expenses.
(1) A member of the commission who is not a government employee shall receive no
compensation or benefits for the member's services, but may:

(a) receive per diem and expenses incurred in the performance of the member's official
duties at the rates established by the Division of Finance under Sections 63A-3-106 and
63A-3-107 ; or
(b) decline to receive per diem and expenses for the member's service.
(2) A member of the commission who is a state government officer or employee and who
does not receive salary, per diem, or expenses from the member's agency for the member's
service may:
(a) receive per diem and expenses incurred in the performance of the member's official
duties from the commission at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 ; or
(b) decline to receive per diem and expenses for the member's service.
(3) A legislator on the commission shall receive compensation and expenses as provided
by law and legislative rule.
Section 11. Section 63-99-110 is enacted to read:
63-99-110. Executive director salary -- Staff support.
For fiscal years 2005-06 and 2006-07:
(1) the executive director's salary shall be paid out of the existing budget of the
Department of Human Services; and
(2) the Department of Human Services shall provide one full-time person who shall
provide staff support to the executive director and the commission.