S.B. 213

1

DIVISION OF SERVICES FOR PEOPLE
2 WITH DISABILITIES ADVISORY COUNCIL
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Allen M. Christensen
6 House Sponsor: Merlynn T. Newbold
7
8 LONG TITLE
9 General Description:
10 This bill creates an advisory council to the Division of Services for People with
11 Disabilities.
12 Highlighted Provisions:
13 This bill:
14 . specifies membership and duties of the advisory council;
15 . provides that members are to receive no compensation or reimbursement; and
16 . provides that the division does not provide administrative or staff support to the
17 council.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 62A-5-103.3, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 62A-5-103.3 is enacted to read:

28 62A-5-103.3. Advisory council -- Creation -- Terms.
29 (1) There is created the Services for People with Disabilities Advisory Council.
30 (2) The advisory council described in Subsection (1) shall consist of 11 members
31 appointed by the division, based upon recommendations from advocates for people with
32 disabilities, and shall include:
33 (a) an individual enrolled in the Community Supports Waiver for Individuals with
34 Intellectual Disabilities and Other Related Conditions;
35 (b) an individual enrolled in the Acquired Brain Injury Waiver;
36 (c) an individual enrolled in the Physical Disabilities Waiver;
37 (d) an individual waiting to receive services under the Home and Community Based
38 Services Waiver;
39 (e) an individual receiving services for a disability that are funded solely by state funds;
40 (f) a primary caregiver for an individual with a disability;
41 (g) a private support coordinator;
42 (h) a community based service provider;
43 (i) a representative of the Utah State Developmental Center; and
44 (j) two at-large members, at least one from a rural area of the state, if not already
45 represented.
46 (3) (a) Except as required by Subsection (3)(b), the division shall appoint a council
47 member for a two-year term.
48 (b) The division shall, at the time of appointment or reappointment, adjust the length of
49 terms to ensure that the terms of council members are staggered so that approximately half of
50 the council is appointed every two years.
51 (4) A member of the council may:
52 (a) serve no more than two consecutive two-year terms; and
53 (b) be removed in accordance with rules established by the division.
54 (5) When a vacancy occurs on the advisory council for any reason, the division shall
55 appoint a replacement for the unexpired term.
56 (6) The council shall elect one member to serve as chair for a term of one year.
57 (7) The division shall meet with the advisory council at least six times each year.
58 (8) The council may make recommendations to the division regarding:

59 (a) budgetary matters;
60 (b) rules, policies, and procedures;
61 (c) administration of the home and community based waivers;
62 (d) services that are funded solely with state funds; and
63 (e) operation of the Utah State Developmental Center.
64 (9) A member of the advisory council shall receive no compensation or reimbursement
65 for service on the advisory council.
66 (10) The division shall provide no administrative or staff support to the advisory
67 council.




Legislative Review Note
as of 2-11-10 5:01 PM

Office of Legislative Research and General Counsel