H.B. 165

1

UTAH COMMISSION ON AGING
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Patricia W. Jones
5
6 LONG TITLE
7 General Description:
8 This bill creates the Utah Commission on Aging and provides for compensation of its
9 executive director.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . provides, under the Legislative Oversight and Sunset Act, that the Utah
14 Commission on Aging, created by this bill, will be repealed on July 1, 2007;
15 . creates the Utah Commission on Aging and lists the purposes, duties, and powers of
16 the commission;
17 . establishes membership of the commission;
18 . creates the position of executive director of the commission and lists the executive
19 director's duties and compensation;
20 . requires that an annual report of the commission's accomplishments be submitted to
21 the governor and the Executive Appropriations Committee of the Legislature;
22 . provides for the appointment of a chair and for the conduct of the commission's
23 meetings;
24 . provides that members of the commission serve without pay, but are entitled to a
25 per diem and reimbursement of expenses;
26 . provides that, for the fiscal years 2005-06 and 2006-07, the Department of Human
27 Resources shall:

28 . pay the salary of the executive director of the Utah Commission on Aging out of
29 the department's existing budget; and
30 . provide staff support to the executive director and the commission; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 63-55-263, as last amended by Chapters 37, 90 and 238, Laws of Utah 2004
39 67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
40 ENACTS:
41 63-99-101, Utah Code Annotated 1953
42 63-99-102, Utah Code Annotated 1953
43 63-99-103, Utah Code Annotated 1953
44 63-99-104, Utah Code Annotated 1953
45 63-99-105, Utah Code Annotated 1953
46 63-99-106, Utah Code Annotated 1953
47 63-99-107, Utah Code Annotated 1953
48 63-99-108, Utah Code Annotated 1953
49 63-99-109, Utah Code Annotated 1953
50 63-99-110, Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 63-55-263 is amended to read:
54 63-55-263. Repeal dates, Titles 63 to 63E.
55 (1) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
56 (2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed
57 July 1, 2007.
58 (3) The Resource Development Coordinating Committee, created in Section

59 63-38d-501 , is repealed July 1, 2005.
60 (4) Title 63, Chapter 38c, State Appropriations and Tax Limitation Act, is repealed
61 July 1, 2005.
62 (5) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July
63 1, 2005.
64 (6) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children
65 and Youth At Risk Act, is repealed July 1, 2006.
66 (7) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2005.
67 (8) Title 63, Chapter 99, Utah Commission on Aging, is repealed July 1, 2007.
68 [(8)] (9) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund
69 to provide coverage to nonstate entities, are repealed July 1, 2006.
70 [(9) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2004.]
71 Section 2. Section 63-99-101 is enacted to read:
72 CHAPTER 99. UTAH COMMISSION ON AGING
73 63-99-101. Title.
74 This chapter is known as "Utah Commission on Aging."
75 Section 3. Section 63-99-102 is enacted to read:
76 63-99-102. Definitions.
77 As used in this chapter:
78 (1) "Aging" and "aged" are as defined in Section 62A-3-101 .
79 (2) "Commission" means the Utah Commission on Aging, created in Section
80 63-99-103 .
81 Section 4. Section 63-99-103 is enacted to read:
82 63-99-103. Creation -- Purpose.
83 (1) In accordance with this chapter, there is created within the governor's office the
84 Utah Commission on Aging.
85 (2) The commission's purpose is to:
86 (a) increase public and government understanding of the current and future needs of the
87 state's aging population and how those needs may be most effectively and efficiently met;
88 (b) study, evaluate, and report on the projected impact that the state's increasing aging
89 population will have on:

90 (i) government services;
91 (ii) health services;
92 (iii) social services;
93 (iv) the economy; and
94 (v) society in general;
95 (c) identify, recommend, and promote implementation of specific policies, procedures,
96 and programs to respond to the needs and impact of the aging population relating to:
97 (i) government services;
98 (ii) health services;
99 (iii) social services;
100 (iv) the economy; and
101 (v) society in general;
102 (d) facilitate coordination of the functions of public and private entities concerned with
103 the aging population; and
104 (e) accomplish the duties enumerated in Section 63-99-106 .
105 Section 5. Section 63-99-104 is enacted to read:
106 63-99-104. Composition -- Appointments -- Terms -- Removal.
107 (1) The commission shall be composed of 21 voting members as follows:
108 (a) one senator, appointed by the President of the Senate;
109 (b) one representative, appointed by the Speaker of the House;
110 (c) the executive director of the Department of Health;
111 (d) the executive director of the Department of Human Services;
112 (e) the executive director of the Department of Community and Economic
113 Development;
114 (f) the executive director of the Department of Workforce Services; and
115 (g) 15 voting members, appointed by the governor, representing each of the following:
116 (i) the Utah Association of Area Agencies on Aging;
117 (ii) higher education in Utah;
118 (iii) the business community;
119 (iv) the Utah Association of Counties;
120 (v) the Utah League of Cities and Towns;

121 (vi) charitable organizations;
122 (vii) the health care provider industry;
123 (viii) financial institutions;
124 (ix) the legal profession;
125 (x) the public safety sector;
126 (xi) public transportation;
127 (xii) ethnic minorities;
128 (xiii) the industry that provides long-term care for the elderly;
129 (xiv) organizations or associations that advocate for the aging population; and
130 (xv) the general public.
131 (2) (a) A member appointed under Subsection (1)(g) shall serve a four-year term.
132 (b) Notwithstanding the term requirements of Subsection (2)(a), the governor may
133 adjust the length of the initial commission members' terms to ensure that the terms are
134 staggered so that approximately 1/4 of the members appointed under Subsection (1)(g) are
135 appointed each year.
136 (c) When, for any reason, a vacancy occurs in a position appointed by the governor
137 under Subsection (1)(g), the governor shall appoint a person to fill the vacancy for the
138 unexpired term of the commission member being replaced.
139 (d) Members appointed under Subsection (1)(g) may be removed by the governor for
140 cause.
141 (3) In appointing the members under Subsection (1)(g), the governor shall:
142 (a) take into account the geographical makeup of the commission; and
143 (b) strive to appoint members who are knowledgeable or have an interest in issues
144 relating to the aging population.
145 Section 6. Section 63-99-105 is enacted to read:
146 63-99-105. Executive director -- Qualifications -- Compensation -- Appointment --
147 Functions.
148 (1) (a) Subject to Subsection (1)(b), the governor, with the consent of the Senate, shall
149 appoint an executive director of the commission.
150 (b) The executive director appointed under Subsection (1)(a) shall be a person
151 knowledgeable and experienced in matters relating to:

152 (i) management; and
153 (ii) the aging population.
154 (c) The governor shall establish the executive director's salary within the salary range
155 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
156 (2) The executive director, under the direction of the commission, shall administer the
157 duties of the commission.
158 Section 7. Section 63-99-106 is enacted to read:
159 63-99-106. Duties and powers of commission.
160 (1) The commission shall:
161 (a) promote the commission's purposes as listed in Section 63-99-103 ;
162 (b) promote the communication and coordination of public and private entities that
163 provide services to the aging population;
164 (c) study, evaluate, and report on the status and effectiveness of policies, procedures,
165 and programs that provide services to the aging population;
166 (d) study and evaluate the policies, procedures, and programs implemented by other
167 states that address the needs of the aging population;
168 (e) promote and conduct the research and study of issues related to aging;
169 (f) provide a forum for public comment on issues related to aging;
170 (g) provide public information on the aging population and the services available to the
171 aging population;
172 (h) promote the provision of services to the aging population from the public and
173 private sectors; and
174 (i) encourage state and local governments to analyze, plan, and prepare for the impacts
175 of the aging population on services and operations.
176 (2) To accomplish its duties, the commission may:
177 (a) request and receive from any state or local governmental agency or institution,
178 summary information relating to the aging population, including:
179 (i) reports;
180 (ii) audits;
181 (iii) projections; and
182 (iv) statistics;

183 (b) apply for and accept grants or donations for uses consistent with the duties of the
184 commission from public or private sources; and
185 (c) appoint special committees to advise and assist the commission.
186 (3) All funds received under Subsection (2)(b) shall be:
187 (a) accounted for and expended in compliance with the requirements of federal and
188 state law; and
189 (b) continuously available to the commission to carry out the commission's duties.
190 (4) (a) Members of a special committee described in Subsection (2)(c):
191 (i) shall be appointed by the commission;
192 (ii) may be:
193 (A) members of the commission; or
194 (B) individuals from the private or public sector; and
195 (iii) notwithstanding Section 63-99-109 , shall not receive any reimbursement or pay for
196 any work done in relation to the special committee.
197 (b) A special committee described in Subsection (2)(c) shall report to the commission
198 on the progress of the special committee.
199 (5) This chapter does not diminish the planning authority conferred on state, regional,
200 and local governments by existing law.
201 Section 8. Section 63-99-107 is enacted to read:
202 63-99-107. Annual report by the commission.
203 (1) The commission shall annually prepare and publish a report directed to the:
204 (a) governor; and
205 (b) Executive Appropriations Committee of the Legislature.
206 (2) The report described in Subsection (1) shall:
207 (a) describe how the commission fulfilled its statutory purposes and duties during the
208 year; and
209 (b) contain recommendations on how the state should act to address issues relating to
210 the aging population.
211 Section 9. Section 63-99-108 is enacted to read:
212 63-99-108. Appointment of chair -- Meetings.
213 (1) The governor shall appoint a member of the commission to serve as chair.

214 (2) (a) Subject to the other provisions of this Subsection (2), the chair is responsible for
215 the call and conduct of meetings.
216 (b) The chair shall call and hold meetings of the commission at least bimonthly.
217 (c) One of the bimonthly meetings described in Subsection (2)(b) shall be held while
218 the Legislature is convened in its annual session.
219 (d) One or more additional meetings may be called upon request by a majority of the
220 commission's members.
221 (3) (a) A majority of the members of the commission constitute a quorum.
222 (b) The action of a majority of a quorum constitutes the action of the commission.
223 Section 10. Section 63-99-109 is enacted to read:
224 63-99-109. Members serve without pay -- Reimbursement for expenses.
225 (1) A member of the commission who is not a government employee shall receive no
226 compensation or benefits for the member's services, but may:
227 (a) receive per diem and expenses incurred in the performance of the member's official
228 duties at the rates established by the Division of Finance under Sections 63A-3-106 and
229 63A-3-107 ; or
230 (b) decline to receive per diem and expenses for the member's service.
231 (2) A member of the commission who is a state government officer or employee and
232 who does not receive salary, per diem, or expenses from the member's agency for the member's
233 service may:
234 (a) receive per diem and expenses incurred in the performance of the member's official
235 duties from the commission at the rates established by the Division of Finance under Sections
236 63A-3-106 and 63A-3-107 ; or
237 (b) decline to receive per diem and expenses for the member's service.
238 (3) A legislator on the commission shall receive compensation and expenses as
239 provided by law and legislative rule.
240 Section 11. Section 63-99-110 is enacted to read:
241 63-99-110. Executive director salary -- Staff support.
242 For fiscal years 2005-06 and 2006-07:
243 (1) the executive director's salary, as established pursuant to Section 67-22-2 , shall be
244 paid out of the existing budget of the Department of Human Services; and

245 (2) the Department of Human Services shall provide one full-time person who shall
246 provide staff support to the executive director and the commission.
247 Section 12. Section 67-22-2 is amended to read:
248 67-22-2. Compensation -- Other state officers.
249 (1) The governor shall establish salaries for the following state officers within the
250 following salary ranges fixed by the Legislature:
251 State Officer Salary Range
252 Commissioner of Agriculture and Food $65,200 - $88,400
253 Commissioner of Insurance $65,200 - $88,400
254 Commissioner of the Labor Commission $65,200 - $88,400
255 Director, Alcoholic Beverage Control
256 Commission $65,200 - $88,400
257 Commissioner, Department of
258 Financial Institutions $65,200 - $88,400
259 Members, Board of Pardons and Parole $65,200 - $88,400
260 Executive Director, Department
261 of Commerce $65,200 - $88,400
262 Executive Director, Commission on
263 Criminal and Juvenile Justice $65,200 - $88,400
264 Executive Director, Utah Commission
265 on Aging $65,200 - $88,400
266 Adjutant General $65,200 - $88,400
267 Chair, Tax Commission $70,600 - $95,200
268 Commissioners, Tax Commission $70,600 - $95,200
269 Executive Director, Department of
270 Community and Economic
271 Development $70,600 - $95,200
272 Executive Director, Tax Commission $70,600 - $95,200
273 Chair, Public Service Commission $70,600 - $95,200
274 Commissioners, Public Service
275 Commission $70,600 - $95,200

276 Executive Director, Department
277 of Corrections $76,800 - $103,600
278 Commissioner, Department of Public Safety $76,800 - $103,600
279 Executive Director, Department of
280 Natural Resources $76,800 - $103,600
281 Director, Governor's Office of Planning
282 and Budget $76,800 - $103,600
283 Executive Director, Department of
284 Administrative Services $76,800 - $103,600
285 Executive Director, Department of
286 Human Resource Management $76,800 - $103,600
287 Executive Director, Department of
288 Environmental Quality $76,800 - $103,600
289 Executive Director, Department of
290 Workforce Services $83,600 - $112,900
291 Executive Director, Department of
292 Health $83,600 - $112,900
293 Executive Director, Department
294 of Human Services $83,600 - $112,900
295 Executive Director, Department
296 of Transportation $83,600 - $112,900
297 Chief Information Officer $83,600 - $112,900
298 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
299 follows:
300 (i) the option of participating in a state retirement system established by Title 49, Utah
301 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
302 by the State Retirement Office in accordance with the Internal Revenue Code and its
303 accompanying rules and regulations;
304 (ii) health insurance;
305 (iii) dental insurance;
306 (iv) basic life insurance;

307 (v) unemployment compensation;
308 (vi) workers' compensation;
309 (vii) required employer contribution to Social Security;
310 (viii) long-term disability income insurance;
311 (ix) the same additional state-paid life insurance available to other noncareer service
312 employees;
313 (x) the same severance pay available to other noncareer service employees;
314 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
315 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
316 employees with more than ten years of state service;
317 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
318 provided by law or rule upon resignation or retirement according to the same criteria and
319 procedures applied to Schedule B state employees;
320 (xiii) the option to purchase additional life insurance at group insurance rates according
321 to the same criteria and procedures applied to Schedule B state employees; and
322 (xiv) professional memberships if being a member of the professional organization is a
323 requirement of the position.
324 (b) Each department shall pay the cost of additional state-paid life insurance for its
325 executive director from its existing budget.
326 (3) The Legislature fixes the following additional benefits:
327 (a) for the executive director of the State Tax Commission a vehicle for official and
328 personal use;
329 (b) for the executive director of the Department of Transportation a vehicle for official
330 and personal use;
331 (c) for the executive director of the Department of Natural Resources a vehicle for
332 commute and official use;
333 (d) for the Commissioner of Public Safety:
334 (i) an accidental death insurance policy if POST certified; and
335 (ii) a public safety vehicle for official and personal use;
336 (e) for the executive director of the Department of Corrections:
337 (i) an accidental death insurance policy if POST certified; and

338 (ii) a public safety vehicle for official and personal use;
339 (f) for the Adjutant General a vehicle for official and personal use; and
340 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
341 official use.
342 (4) (a) The governor has the discretion to establish a specific salary for each office
343 listed in Subsection (1), and, within that discretion, may provide salary increases within the
344 range fixed by the Legislature.
345 (b) The governor shall apply the same overtime regulations applicable to other FLSA
346 exempt positions.
347 (c) The governor may develop standards and criteria for reviewing the performance of
348 the state officers listed in Subsection (1).
349 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
350 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
351 Act, shall be established as provided in Section 67-19-15 .




Legislative Review Note
as of 12-1-04 2:25 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel