House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029 February 13, 2012
Madam Speaker:
The Workforce Services and Community and Economic Development Committee reports a
favorable recommendation on H.B. 139, DEPARTMENT OF COMMUNITY AND CULTURE
AMENDMENTS, by Representative W. Harper, with the following amendments:
any advisory committees within the
{
secretary of
1. Page
1, Line 27 through Page 2, Line 34
:
27
. modifies the powers and duties of the Housing and Community Development
28
Division;
and
}
. creates an advisory council to advise the Department of Workforce Services
during the transition of moving the Division of Housing and Community
Development from the Department of Community and Culture; and
29
. makes technical changes.
30
Money Appropriated in this Bill:
31
None
32
Other Special Clauses:
33
None
}
This bill takes effect on July 1, 2012.
34
Utah Code Sections Affected:
2. Page
4, Lines 110 through 111
:
110
9-1-201.2, Utah Code Annotated 1953
35A-8-1802, Utah Code Annotated 1953
111
RENUMBERS AND AMENDS:
3. Page
50, Lines 1526 through 1531
:
1526
(2) The director or the director's designee, hereafter referred to in this section
as the
1527
director, shall administer the fund with input from the
Department of
[Community and Culture]
1528
Heritage and Arts
}
Department of [Community
1529
and Culture] Heritage and Arts
}
1530
(3) (a) Money shall be deposited into the fund from numerous sources,
including
1531
federal grants, private foundations, and individual donors.
4. Page
50, Lines 1535 through 1538
:
1535
(4) The director may not expend money in the fund that is not restricted to a
specific
1536
use under federal law or by donors without input from the
Department of
[Community and
1537
Culture] Heritage and Arts
}
1538
Subsection (2).
5. Page
50, Lines 1542 through 1546
:
1542
(6) The money in the fund may not be used by the director for administrative
expenses.
1543
(7) If the
Department of [Community and Culture] Heritage and
Arts
}
Housing and Community Development Division
establishes a
1544
refugee services advisory committee referred to in Subsection (2), that committee
may:
1545
(a) advise the director on refugee services needs in the state and on relevant
operational
1546
aspects of any grant or revenue collection program established under this part;
6. Page
51, Lines 1572 through 1573
:
1572
(9) In addition to Subsection (8), the director with advice from the
Department of
1573
[Community and Culture] Heritage and Arts
}
7. Page
57, Line 1737 through Page 58, Line 1766
:
1737
(i) utilize the capabilities and facilities of public and private universities and
colleges
1738
within the state in carrying out its functions;
1739
(j) assist and support local governments, community action agencies, and
citizens in
1740
the planning, development, and maintenance of home weatherization, energy
efficiency, and
1741
antipoverty activities
;
}
.
[and]
1742
(k) assist and support volunteer efforts in the state[.]; and
}
1743
(l) provide information and support to aid a qualifying client of the
department in
1744
obtaining affordable housing, including the provision of:
1745
(i) information regarding special housing programs, including programs for
first-time
1746
home buyers and persons with low and moderate incomes and the eligibility
requirements for
1747
those programs;
1748
(ii) referrals to programs operated by volunteers from the real estate industry
that assist
1749
clients in obtaining affordable housing, including information on home ownership,
down
1750
payments, closing costs, and credit requirements; and
1751
(iii) referrals to housing programs operated by municipalities, counties, local
housing
1752
authorities, and nonprofit housing organizations that assist individuals to obtain
affordable
1753
housing, including first-time home ownership.
}
8. Page
92, Lines 2836 through 2840
:
2836
(viii) two members of the general public.
2837
(b) The director or [his] the director's designee [shall serve] serves as the
2838
the
committee
}
board
.
2839
(c) The members of the board shall annually elect a chair from among the
voting
2840
membership of the board.
9. Page
164, Lines 5060 through 5062
:
5060
(c) in the case of a loan, in accordance with Section
63A-3-205
.
5061
Section 154.
Section
35A-8-1708
, which is renumbered from Section 9-11-108 is
5062
renumbered and amended to read:
10. Page
164, Line 5066 through Page 166, Line 5067
:
5066
as a list of recipients of this assistance.
35A-8-1801. Transitional Housing and Community Development Advisory Council -- Membership -- Duties.
(1) There is created the Transitional Housing and Community Development Advisory Council within the Department of Workforce Services consisting of the following members:
(a) the executive director of the Department of Workforce Services or the executive director's designee;
(b) the director of the Housing and Community Development Division of the Department of Workforce Services, who shall serve as chair of the advisory council;
(c) a representative from the governor's office designated and appointed by the governor;
(d) two representatives of entities that use or allocate funds distributed by the Housing and Community Development Division, designated and appointed by the director of the Housing and Community Development Division; and
(e) the executive director, or the executive director's designee, of the:
(i) Bear River Association of Governments;
(ii) Five County Association of Governments;
(iii) Mountainland Association of Governments;
(iv) Six County Association of Governments;
(v) Southeastern Utah Association of Governments;
(vi) Uintah Basin Association of Governments;
(vii) Wasatch Front Regional Council;
(viii) Community Action Partnership of Utah; and
(ix) Utah Housing Coalition.
(2) (a) Except as provided in Subsection (2)(b), the advisory council shall meet at least once every three months and may meet more frequently as needed.
(b) The advisory council may meet less than once every three months if the chair, after polling the members, determines that a meeting is not needed.
(c) The chair, or a majority of the advisory council, may call a meeting of the advisory council.
(d) A majority of the membership is a quorum for conducting advisory council business and a majority vote of the quorum present is required for an action to be taken by the advisory council.
(e) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(f) The Housing and Community Development Division shall provide necessary administrative and staff support services to the advisory council.
(3) The advisory council shall advise and counsel the Department of Workforce Services and the department's Housing and Community Development Division in formulating rules, protocols, and policies to:
(a) successfully transition the division from the Department of Community and Culture;
(b) maintain consistency in providing services to, and cooperating with, qualifying interested parties, including individuals, groups, political subdivisions, and community action agencies, which properly participated in division services
under the Department of Community and Culture; and
(c) inform and advise interested parties, including individuals, groups, political
subdivisions, and community action agencies regarding:
(i) the division's transition to the Department of Workforce Services; and
(ii) each significant change, or contemplated change, in the delivery of division
services.
(4) The Housing and Community Development Division shall present to the
advisory council for its advice and counsel, each significant proposed change to the
delivery of services by the division.
Section 156. Section 35A-8-1802 is enacted to read:
35A-8-1802. Interim study.
During the 2012 interim, the Workforce Services, Community, and Economic
Development Interim Committee shall study and make recommendations to the
Legislature regarding:
(1) the effectiveness and progress of the Housing and Community
Development's transition to the Department of Workforce Services;
(2) housing needs in the state of Utah; and
(3) opportunities for further consolidation of state programs and policies
regarding housing.
Renumber remaining sections accordingly.
11. Page 220, Lines 6809 through 6812 :
6809 (ii) one member of the State Board of Education;
6810 (iii) one member of the
6811 of the } Department of
6812 (iv) one member of the Board of Tourism Development;
12. Page 222, Lines 6866 through 6868 :
6866 (3) Title 35A, Chapter 8, Part 7, Utah Housing Corporation Act, is repealed July 1,
6867 2016.
6868 Section 180. Section 63I-4-102 is amended to read:
13. Page 250, Lines 7719 through 7721 :
7719 (iii) the executive secretary of the Drinking Water Board;
7720 (iv) the
7721 Arts }
14. Page 250, Line 7746 :
7746 Section 9-6-607, Office director.
This bill takes effect on July 1, 2012.
Respectfully,
Jim Bird
Committee Chair
Voting: 5-1-1
3 HB0139.HC1.wpd 2/13/12 3:26 pm /BNC PLA/BNC
Bill Number
*HB0139*
HB0139