Senator Evan J. Vickers proposes the following substitute bill:




Chief Sponsor: Paul Ray

Senate Sponsor: Evan J. Vickers


8     General Description:
9          This bill amends provisions related to local health department funding for a local health
10     emergency.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a local health department to determine whether an event is considered a local
14     health emergency.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          26-1-38, as last amended by Laws of Utah 2013, Chapter 167
22          63J-1-602.1, as last amended by Laws of Utah 2014, Chapter 384

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 26-1-38 is amended to read:

26          26-1-38. Local health emergency assistance program.
27          (1) As used in this section:
28          (a) "Local health department" [has the same meaning as] means the same as that term
29     is defined in Section 26A-1-102.
30          (b) "Local health emergency" means an unusual event or series of events causing or
31     resulting in a substantial risk or substantial potential risk to the health of a significant portion
32     of the population within the boundary of a local health department, as determined by the local
33     health department.
34          (c) "Program" means the local health emergency assistance program that the
35     department is required to establish under this section.
36          (d) "Program fund" means money that the Legislature appropriates to the department
37     for use in the program and other money otherwise made available for use in the program.
38          (2) The department shall establish, to the extent of funds appropriated by the
39     Legislature or otherwise made available to the program fund, a local health emergency
40     assistance program.
41          (3) Under the program, the department shall:
42          (a) provide a method for a local health department to seek reimbursement from the
43     program fund for local health department expenses incurred in responding to a local health
44     emergency;
45          (b) require matching funds from any local health department seeking reimbursement
46     from the program fund;
47          (c) establish a method for apportioning money in the program fund to multiple local
48     health departments when the total amount of concurrent requests for reimbursement by
49     multiple local health departments exceeds the balance in the program fund; and
50          (d) establish by rule other provisions that the department considers necessary or
51     advisable to implement the program.
52          (4) (a) (i) Subject to Subsection (4)(a)(ii), the department shall use money in the
53     program fund exclusively for purposes of the program.
54          (ii) The department may use money in the program fund to cover its costs of
55     administering the program.
56          (b) Money that the Legislature appropriates to the program fund is nonlapsing in

57     accordance with Section 63J-1-602.1.
58          (c) Any interest earned on money in the program fund shall be deposited to the General
59     Fund.
60          Section 2. Section 63J-1-602.1 is amended to read:
61          63J-1-602.1. List of nonlapsing accounts and funds -- General authority and Title
62     1 through Title 30.
63          (1) Appropriations made to the Legislature and its committees.
64          (2) The Percent-for-Art Program created in Section 9-6-404.
65          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
66     Section 9-18-102.
67          (4) The LeRay McAllister Critical Land Conservation Program created in Section
68     11-38-301.
69          (5) An appropriation made to the Division of Wildlife Resources for the appraisal and
70     purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6.
71          (6) Award money under the State Asset Forfeiture Grant Program, as provided under
72     Section 24-4-117.
73          (7) Funds collected from the program fund for local health department expenses
74     incurred in responding to a local health emergency under Section 26-1-38.
75          [(7)] (8) Funds collected from the emergency medical services grant program, as
76     provided in Section 26-8a-207.
77          [(8)] (9) The Prostate Cancer Support Restricted Account created in Section
78     26-21a-303.
79          [(9)] (10) State funds appropriated for matching federal funds in the Children's Health
80     Insurance Program as provided in Section 26-40-108.
81          [(10)] (11) The Utah Health Care Workforce Financial Assistance Program created in
82     Section 26-46-102.
83          [(11)] (12) The primary care grant program created in Section 26-10b-102.