1     
OFFICE OF REHABILITATION SERVICES AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Allen M. Christensen

6     Cosponsors:
7     Steve Eliason
Michael S. Kennedy
Paul Ray
Robert M. Spendlove
8     

9     LONG TITLE
10     General Description:
11          This bill modifies the State Office of Rehabilitation Act and related provisions.
12     Highlighted Provisions:
13          This bill:
14          ▸     moves the Utah State Office of Rehabilitation from the State Board of Education to
15     the Department of Workforce Services;
16          ▸     modifies provisions related to the Governor's Committee on Employment of People
17     with Disabilities, including that the governor appoint certain members of the
18     committee;
19          ▸     describes duties of the Utah State Office of Rehabilitation that may not be delegated
20     to other state government entities;
21          ▸     modifies provisions related to certified interpreters;
22          ▸     modifies references to individuals who are hard of hearing;
23          ▸     requires the Department of Workforce Services and the Utah State Office of
24     Rehabilitation to create a written transition plan;
25          ▸     creates an Office of Rehabilitation Transition Restricted Account; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:
28          This bill appropriates:

29          ▸     To the Department of Workforce Services -- Utah State Office of Rehabilitation, as
30     an ongoing appropriation:
31               •     from General Fund Restricted -- Office of Rehabilitation Transition Restricted
32     Account, $26,385,100;
33               •     from Federal Funds, $62,656,000;
34               •     from Dedicated Credits Revenue, $985,600.
35          ▸     To State Board of Education -- Utah State Office of Rehabilitation, as a one-time
36     appropriation:
37               •     from General Fund Restricted -- Office of Rehabilitation Transition Restricted
38     Account, $26,385,100.
39          ▸     To General Fund Restricted -- Office of Rehabilitation Transition Restricted
40     Account, as a one-time appropriation:
41               •     from General Fund, $21,385,100;
42               •     from Beginning Nonlapsing Appropriation Balances, $5,000,000.
43     Other Special Clauses:
44          This bill provides a special effective date.
45     Utah Code Sections Affected:
46     AMENDS:
47          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
48          34A-2-413.5, as enacted by Laws of Utah 2014, Chapter 286
49          35A-1-202, as last amended by Laws of Utah 2012, Chapter 212
50          35A-1-206, as last amended by Laws of Utah 2014, Chapters 371 and 387
51          53A-1-403.5, as last amended by Laws of Utah 2012, Chapter 23
52          53A-1a-501.7, as last amended by Laws of Utah 2008, Chapter 319
53          53A-11-203, as last amended by Laws of Utah 2015, Chapter 126
54          54-8b-10, as last amended by Laws of Utah 2012, Chapter 347
55          55-5-2, as last amended by Laws of Utah 2011, Chapter 297
56          55-5-7, as last amended by Laws of Utah 1997, Chapter 10

57          55-5-8, as last amended by Laws of Utah 1996, Chapter 37
58          55-5a-2, as last amended by Laws of Utah 1996, Chapter 37
59          55-5a-3, as last amended by Laws of Utah 1996, Chapter 37
60          55-5a-4, as last amended by Laws of Utah 1979, Chapter 191
61          55-5a-5, as last amended by Laws of Utah 1979, Chapter 191
62          62A-5a-102, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
63          62A-5a-103, as last amended by Laws of Utah 2010, Chapter 286
64          62A-5a-105, as last amended by Laws of Utah 1996, Chapter 179
65          63B-19-201, as enacted by Laws of Utah 2010, Chapter 100
66          63G-6a-805, as last amended by Laws of Utah 2013, Chapter 445
67          63I-2-253, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
68          63J-1-601, as last amended by Laws of Utah 2015, Chapter 239
69          63J-1-602.3, as last amended by Laws of Utah 2014, Chapters 189 and 304
70          78B-1-203, as renumbered and amended by Laws of Utah 2008, Chapter 3
71          78B-1-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
72          78B-1-208, as renumbered and amended by Laws of Utah 2008, Chapter 3
73     ENACTS:
74          35A-13-201, Utah Code Annotated 1953
75          35A-13-301, Utah Code Annotated 1953
76          35A-13-401, Utah Code Annotated 1953
77          35A-13-402, Utah Code Annotated 1953
78          35A-13-501, Utah Code Annotated 1953
79          35A-13-502, Utah Code Annotated 1953
80          53A-24-601, Utah Code Annotated 1953
81          53A-24-602, Utah Code Annotated 1953
82     RENUMBERS AND AMENDS:
83          35A-13-101, (Renumbered from 53A-24-101, as repealed and reenacted by Laws of
84     Utah 1988, Chapter 83)

85          35A-13-102, (Renumbered from 53A-24-102, as last amended by Laws of Utah 2001,
86     First Special Session, Chapter 5)
87          35A-13-103, (Renumbered from 53A-24-103, as last amended by Laws of Utah 2001,
88     First Special Session, Chapter 5)
89          35A-13-104, (Renumbered from 53A-24-104, as repealed and reenacted by Laws of
90     Utah 1988, Chapter 83)
91          35A-13-105, (Renumbered from 53A-24-106, as repealed and reenacted by Laws of
92     Utah 1988, Chapter 83)
93          35A-13-106, (Renumbered from 53A-24-107, as repealed and reenacted by Laws of
94     Utah 1988, Chapter 83)
95          35A-13-107, (Renumbered from 53A-24-108, as repealed and reenacted by Laws of
96     Utah 1988, Chapter 83)
97          35A-13-108, (Renumbered from 53A-24-109, as last amended by Laws of Utah 1996,
98     Chapter 37)
99          35A-13-109, (Renumbered from 53A-24-110, as last amended by Laws of Utah 1996,
100     Chapter 37)
101          35A-13-202, (Renumbered from 53A-24-105, as last amended by Laws of Utah 2011,
102     Chapter 303)
103          35A-13-203, (Renumbered from 53A-24-106.5, as enacted by Laws of Utah 2011,
104     Chapter 169)
105          35A-13-302, (Renumbered from 53A-24-114, as last amended by Laws of Utah 2008,
106     Chapter 382)
107          35A-13-303, (Renumbered from 53A-24-205, as last amended by Laws of Utah 1996,
108     Chapter 37)
109          35A-13-403, (Renumbered from 53A-24-304, as last amended by Laws of Utah 1996,
110     Chapter 37)
111          35A-13-404, (Renumbered from 53A-24-305, as last amended by Laws of Utah 1996,
112     Chapter 37)

113          35A-13-503, (Renumbered from 53A-24-404, as last amended by Laws of Utah 1990,
114     Chapter 78)
115          35A-13-504, (Renumbered from 53A-24-405, as last amended by Laws of Utah 1990,
116     Chapter 78)
117          35A-13-601, (Renumbered from 53A-26a-101, as enacted by Laws of Utah 1994,
118     Chapter 306)
119          35A-13-602, (Renumbered from 53A-26a-102, as last amended by Laws of Utah 2013,
120     Chapter 385)
121          35A-13-603, (Renumbered from 53A-26a-201, as enacted by Laws of Utah 1994,
122     Chapter 306)
123          35A-13-604, (Renumbered from 53A-26a-202, as enacted by Laws of Utah 1994,
124     Chapter 306)
125          35A-13-605, (Renumbered from 53A-26a-301, as last amended by Laws of Utah 2013,
126     Chapter 385)
127          35A-13-606, (Renumbered from 53A-26a-302, as last amended by Laws of Utah 2009,
128     Chapter 183)
129          35A-13-607, (Renumbered from 53A-26a-303, as enacted by Laws of Utah 1994,
130     Chapter 306)
131          35A-13-608, (Renumbered from 53A-26a-304, as enacted by Laws of Utah 1994,
132     Chapter 306)
133          35A-13-609, (Renumbered from 53A-26a-305, as last amended by Laws of Utah 2013,
134     Chapter 385)
135          35A-13-610, (Renumbered from 53A-26a-401, as enacted by Laws of Utah 1994,
136     Chapter 306)
137          35A-13-611, (Renumbered from 53A-26a-501, as enacted by Laws of Utah 1994,
138     Chapter 306)
139          35A-13-612, (Renumbered from 53A-26a-502, as enacted by Laws of Utah 1994,
140     Chapter 306)

141          35A-13-613, (Renumbered from 53A-26a-503, as enacted by Laws of Utah 1994,
142     Chapter 306)
143     REPEALS:
144          53A-15-205, as last amended by Laws of Utah 2013, Chapter 167
145          53A-24-110.5, as last amended by Laws of Utah 1998, Chapter 403
146          53A-24-110.7, as last amended by Laws of Utah 2001, Chapter 328
147          53A-24-201, as enacted by Laws of Utah 1988, Chapter 83
148          53A-24-202, as enacted by Laws of Utah 1988, Chapter 83
149          53A-24-203, as enacted by Laws of Utah 1988, Chapter 83
150          53A-24-204, as last amended by Laws of Utah 1996, Chapter 37
151          53A-24-301, as last amended by Laws of Utah 1996, Chapter 37
152          53A-24-302, as last amended by Laws of Utah 1996, Chapter 37
153          53A-24-303, as last amended by Laws of Utah 1996, Chapter 37
154          53A-24-401, as enacted by Laws of Utah 1988, Chapter 83
155          53A-24-402, as last amended by Laws of Utah 1990, Chapter 78
156          53A-24-403, as last amended by Laws of Utah 1990, Chapter 78
157          53A-24-501, as enacted by Laws of Utah 1988, Chapter 83
158          53A-24-502, as last amended by Laws of Utah 1993, Chapter 4
159          53A-24-503, as last amended by Laws of Utah 1993, Chapter 4
160     

161     Be it enacted by the Legislature of the state of Utah:
162          Section 1. Section 20A-14-103 is amended to read:
163          20A-14-103. State Board of Education members -- When elected -- Qualifications
164     -- Avoiding conflicts of interest.
165          (1) (a) Unless otherwise provided by law, each State Board of Education member
166     elected from a State Board of Education District at the 2010 general election shall:
167          (i) serve out the term of office for which that member was elected; and
168          (ii) represent the realigned district if the member resides in that district.

169          (b) At the general election to be held in 2012, a State Board of Education member
170     elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
171     to serve a term of office of four years.
172          (c) In order to ensure that the terms of approximately half of the State Board of
173     Education members expire every two years:
174          (i) at the general election to be held in 2012, the State Board of Education member
175     elected from State Board of Education District 1 shall be elected to serve a term of office of
176     two years; and
177          (ii) at the general election to be held in 2014, the State Board of Education member
178     elected from State Board of Education District 1 shall be elected to serve a term of office of
179     four years.
180          (2) (a) A person seeking election to the State Board of Education shall have been a
181     resident of the State Board of Education district in which the person is seeking election for at
182     least one year as of the date of the election.
183          (b) A person who has resided within the State Board of Education district, as the
184     boundaries of the district exist on the date of the election, for one year immediately preceding
185     the date of the election shall be considered to have met the requirements of this Subsection (2).
186          (3) A State Board of Education member shall:
187          (a) be and remain a registered voter in the State Board of Education district from which
188     the member was elected or appointed; and
189          (b) maintain the member's primary residence within the State Board of Education
190     district from which the member was elected or appointed during the member's term of office.
191          (4) A State Board of Education member may not, during the member's term of office,
192     also serve as an employee of:
193          (a) the State Board of Education; or
194          (b) the Utah State Office of Education[; or].
195          [(c) the Utah State Office of Rehabilitation.]
196          Section 2. Section 34A-2-413.5 is amended to read:

197          34A-2-413.5. Injured worker reemployment.
198          (1) As used in this section:
199          (a) (i) "Gainful employment" means employment that:
200          (A) is reasonably attainable in view of an industrial injury or occupational disease; and
201          (B) offers to an injured worker, as reasonably feasible, an opportunity for earnings.
202          (ii) Factors considered in determining gainful employment include an injured worker's:
203          (A) education;
204          (B) experience; and
205          (C) physical and mental impairment and condition.
206          (b) "Initial written report" means a report described in Subsection (5).
207          (c) "Injured worker" means an employee who sustains an industrial injury or
208     occupational disease for which benefits are provided under this chapter or Chapter 3, Utah
209     Occupational Disease Act.
210          (d) "Injured worker with a disability" means an injured worker who:
211          (i) because of the injury or disease that is the basis of the employee being an injured
212     worker:
213          (A) is or will be unable to return to work in the injured worker's usual and customary
214     occupation; or
215          (B) is unable to perform work for which the injured worker has previous training and
216     experience; and
217          (ii) reasonably can be expected to attain gainful employment after an evaluation
218     provided for in accordance with this section.
219          (e) "Parties" means:
220          (i) an injured worker with a disability;
221          (ii) the employer of the injured worker with a disability;
222          (iii) the employer's workers' compensation insurance carrier; and
223          (iv) a rehabilitation or reemployment professional for the employer or the employer's
224     workers' compensation insurance carrier.

225          (f) "Reemployment plan" means a written:
226          (i) description or rationale for the manner and means by which it is proposed an injured
227     worker with a disability may return to gainful employment; and
228          (ii) definition of the voluntary responsibilities of:
229          (A) the injured worker with a disability;
230          (B) the employer; and
231          (C) one or more other parties involved with the implementation of the reemployment
232     plan.
233          (2) (a) This section applies only to an industrial injury or occupational disease that
234     occurs on or after July 1, 1990.
235          (b) This section is intended to promote and monitor the state's and the employer's
236     capacity to assist the injured worker in returning to the workforce by evaluating the
237     effectiveness of the voluntary efforts of employers under this section.
238          (3) This section does not affect the duties of the Utah State Office of Rehabilitation
239     created in Section 35A-1-202.
240          (4) The commission may provide for the administration of this section by rule in
241     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
242          (5) An employer or the employer's workers' compensation insurance carrier may
243     voluntarily prepare an initial written report assessing an injured worker's need or lack of need
244     for vocational assistance in reemployment if:
245          (a) it appears that the injured worker is or will be an injured worker with a disability; or
246          (b) the period of the injured worker's temporary total disability compensation period
247     exceeds 90 days.
248          (6) (a) Subject to Subsection (6)(b), an employer or the employer's workers'
249     compensation insurance carrier may serve the initial written report, if one has been prepared,
250     on the injured worker.
251          (b) If an employer or the employer's workers' compensation insurance carrier serves an
252     initial written report on an injured worker, the employer or the employer's workers'

253     compensation insurance carrier shall comply with Subsection (6)(a) by no later than 30 days
254     after the earlier of the day on which:
255          (i) it appears that the injured worker is or will be an injured worker with a disability; or
256          (ii) the 90-day period described in Subsection (5)(b) ends.
257          (7) With the initial written report, if one is prepared and used in the determination
258     process, an employer or the employer's workers' compensation insurance carrier shall provide
259     an injured worker information regarding reemployment.
260          (8) Subject to the other provisions of this section, if an injured worker is an injured
261     worker with a disability, the employer or the employer's workers' compensation insurance
262     carrier may, within 10 days after the day on which the employer or workers' compensation
263     insurance carrier serves the initial written report on the injured worker, refer the injured worker
264     with a disability to:
265          (a) the Utah State Office of Rehabilitation; or
266          (b) at the employer's or workers' compensation insurance carrier's option, a private
267     rehabilitation or reemployment service.
268          (9) An employer or the employer's workers' compensation insurance carrier shall make
269     the referral required by Subsection (8) for the purpose of:
270          (a) providing an evaluation; and
271          (b) developing a reemployment plan.
272          (10) The objective of reemployment is to return an injured worker with a disability to
273     gainful employment in the following order of employment priority:
274          (a) same job, same employer;
275          (b) modified job, same employer;
276          (c) same job, new employer;
277          (d) modified job, new employer;
278          (e) new job, new employer; or
279          (f) retraining in a new occupation.
280          (11) Nothing in this section or its application is intended to:

281          (a) modify or in any way affect an existing employee-employer relationship; or
282          (b) provide an employee with a guarantee or right to employment or continued
283     employment with an employer.
284          (12) A rehabilitation counselor to whom a referral is made under Subsection (8) shall
285     have the same or comparable qualifications as those established by the Utah State Office of
286     Rehabilitation for personnel assigned to rehabilitation and evaluation duties.
287          Section 3. Section 35A-1-202 is amended to read:
288          35A-1-202. Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
289     Child Care Advisory Committee, and economic service areas.
290          (1) There is created within the department the following divisions:
291          (a) the Employment Development Division to administer the development and
292     implementation of employment assistance programs that are:
293          (i) related to the operations of the department; and
294          (ii) consistent with federal and state law;
295          (b) to administer those services that are not delivered through the economic service
296     areas:
297          (i) the Workforce Development and Information Division; and
298          (ii) the Unemployment Insurance Division;
299          (c) the Division of Adjudication to adjudicate claims or actions in accordance with this
300     title; [and]
301          (d) the Housing and Community Development Division, which is described in Sections
302     35A-8-201 and 35A-8-202[.]; and
303          (e) the Utah State Office of Rehabilitation, which is described in Section 35A-13-103.
304          (2) In addition to the divisions created under Subsection (1), within the department are
305     the following:
306          (a) the Workforce Appeals Board created in Section 35A-1-205;
307          (b) the State Council on Workforce Services created in Section 35A-1-206;
308          (c) the Employment Advisory Council created in Section 35A-4-502;

309          (d) the Child Care Advisory Committee created in Section 35A-3-205; and
310          (e) the economic service areas created in accordance with Chapter 2, Economic Service
311     Areas.
312          Section 4. Section 35A-1-206 is amended to read:
313          35A-1-206. State Council on Workforce Services -- Appointment -- Membership
314     -- Terms of members -- Compensation.
315          (1) There is created a State Council on Workforce Services that shall:
316          (a) perform the activities described in Subsection (8);
317          (b) advise on issues requested by the department and the Legislature; and
318          (c) make recommendations to the department regarding:
319          (i) the implementation of Chapter 2, Economic Service Areas, Chapter 3, Employment
320     Support Act, and Chapter 5, Training and Workforce Improvement Act; and
321          (ii) the coordination of apprenticeship training.
322          (2) (a) The council shall consist of the following voting members:
323          (i) a private sector representative from each economic service area as designated by the
324     economic service area director;
325          (ii) the superintendent of public instruction or the superintendent's designee;
326          (iii) the commissioner of higher education or the commissioner's designee; and
327          (iv) the following members appointed by the governor in consultation with the
328     executive director:
329          (A) four representatives of small employers as defined by rule by the department;
330          (B) four representatives of large employers as defined by rule by the department;
331          (C) four representatives of employees or employee organizations, including at least one
332     representative from nominees suggested by public employees organizations;
333          (D) two representatives of the clients served under this title including
334     community-based organizations;
335          (E) a representative of veterans in the state;
336          (F) the [executive] director of the Utah State Office of Rehabilitation; and

337          (G) the Applied Technology College president.
338          (b) The following shall serve as nonvoting ex officio members of the council:
339          (i) the executive director or the executive director's designee;
340          (ii) a legislator appointed by the governor from nominations of the speaker of the
341     House of Representatives and president of the Senate;
342          (iii) the executive director of the Department of Human Services;
343          (iv) the director of the Governor's Office of Economic Development or the director's
344     designee; and
345          (v) the executive director of the Department of Health.
346          (3) (a) The governor shall appoint one nongovernmental member from the council as
347     the chair of the council.
348          (b) The chair shall serve at the pleasure of the governor.
349          (4) (a) A member appointed by the governor shall serve a term of four years and may
350     be reappointed to one additional term.
351          (b) A member shall continue to serve until the member's successor has been appointed
352     and qualified.
353          (c) Except as provided in Subsection (4)(d), as terms of council members expire, the
354     governor shall appoint each new member or reappointed member to a four-year term.
355          (d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the
356     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
357     council members are staggered so that approximately one-half of the council is appointed every
358     two years.
359          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
360     appointed for the unexpired term.
361          (5) A majority of the voting members constitutes a quorum for the transaction of
362     business.
363          (6) (a) A member who is not a legislator may not receive compensation or benefits for
364     the member's service, but may receive per diem and travel expenses as allowed in:

365          (i) Section 63A-3-106;
366          (ii) Section 63A-3-107; and
367          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
368     63A-3-107.
369          (b) Compensation and expenses of a member who is a legislator are governed by
370     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
371          (7) The department shall provide staff and administrative support to the council at the
372     direction of the executive director.
373          (8) The council shall:
374          (a) develop a state workforce services plan in accordance with Section 35A-1-207;
375          (b) review economic service area plans to certify consistency with state policy
376     guidelines;
377          (c) improve the understanding and visibility of state workforce services efforts through
378     external and internal marketing strategies;
379          (d) include in the annual written report described in Section 35A-1-109, information
380     and accomplishments related to the activities of the department;
381          (e) issue other studies, reports, or documents the council considers advisable that are
382     not required under Subsection (8)(d);
383          (f) coordinate the planning and delivery of workforce development services with public
384     education, higher education, vocational rehabilitation, and human services; and
385          (g) perform other responsibilities within the scope of workforce services as requested
386     by:
387          (i) the Legislature;
388          (ii) the governor; or
389          (iii) the executive director.
390          Section 5. Section 35A-13-101, which is renumbered from Section 53A-24-101 is
391     renumbered and amended to read:
392     
CHAPTER 13. UTAH STATE OFFICE OF REHABILITATION ACT


393     
Part 1. General Provisions

394          [53A-24-101].      35A-13-101. Title.
395          (1) This chapter is known as the "Utah State Office of Rehabilitation Act."
396          (2) This part is known as "General Provisions."
397          Section 6. Section 35A-13-102, which is renumbered from Section 53A-24-102 is
398     renumbered and amended to read:
399          [53A-24-102].      35A-13-102. Definitions.
400          As used in this chapter:
401          [(1) "Board" means the State Board of Education. (2) "DDDS" means the Division of
402     Disability Determination Services. (3)]
403          (1) "Blind" means an individual:
404          (a) whose central visual acuity does not exceed 20/200 in the better eye with correcting
405     lenses; or
406          (b) whose visual acuity is accompanied by a limit to the field of vision in the better eye
407     to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees.
408          (2) "Deaf" means an individual with a diagnosed auditory deficit that renders the
409     individual unable to comprehend spoken language through audition only, even with medical
410     intervention or amplification, and that results in functional limitations in one or more areas of
411     daily living.
412          (3) "Director" means the director of the Utah State Office of Rehabilitation.
413          (4) "Disability" means a physical or mental condition which materially limits,
414     contributes to limiting, or, if not corrected, will probably result in materially limiting an
415     individual's activities or functioning.
416          [(4) "DRS" means the Division of Rehabilitation Services. (5) "DSBVI" means the
417     Division of Services for the Blind and Visually Impaired. (6) "DSDHH" means the Division of
418     Services to the Deaf and Hard of Hearing. (7)]
419          (5) "Eligible individual" means an individual determined to be eligible to receive
420     services under laws or rules governing eligibility for the program in question.

421          [(8) "Executive director" means the executive director of the Utah State Office of
422     Rehabilitation.]
423          (6) "Hard of hearing" means an individual with a diagnosed auditory deficit ranging
424     from mild to profound that results in functional limitations in one or more areas of daily living.
425          [(9)] (7) "Independent living rehabilitation services" means goods and services
426     reasonably necessary to enable an individual with a severe disability to maintain or increase
427     functional independence.
428          (8) "Office" means the Utah State Office of Rehabilitation created in Section
429     35A-1-202.
430          (9) "Visually impaired" means an individual with a diagnosed impairment of visual
431     function that if not corrected constitutes a material limitation to normal activities or
432     functioning.
433          [(10) "Office" means the Utah State Office of Rehabilitation.]
434          [(11)] (10) "Vocational rehabilitation services" means goods and services reasonably
435     necessary to enable an individual with a disability to obtain and retain employment.
436          Section 7. Section 35A-13-103, which is renumbered from Section 53A-24-103 is
437     renumbered and amended to read:
438          [53A-24-103].      35A-13-103. Office authority.
439          (1) [There is created the Utah State Office of Rehabilitation] The Utah State Office of
440     Rehabilitation created in Section 35A-1-202 is under the [policy] direction of the [State Board
441     of Education] department and under the direction and general supervision of the
442     [superintendent of public instruction] executive director.
443          (2) The [board] department is the sole state agency designated to administer the state
444     plans for vocational rehabilitation and independent living rehabilitation programs.
445          (3) The office is the sole state unit designated to carry out the state plans and other
446     duties assigned by law or the [board.] department, including the following:
447          (a) determining eligibility for vocational rehabilitation services;
448          (b) providing vocational rehabilitation services to eligible individuals;

449          (c) determining the types and scope of vocational rehabilitation services provided by
450     the office;
451          (d) determining employment outcomes related to vocational rehabilitation services if
452     required; and
453          (e) determining the appropriate uses of federal rehabilitation funding.
454          (4) The office may not delegate the duties described in Subsection (3) to any other state
455     government entity.
456          Section 8. Section 35A-13-104, which is renumbered from Section 53A-24-104 is
457     renumbered and amended to read:
458          [53A-24-104].      35A-13-104. Appointment of director -- Administration of
459     the office.
460          (1) The executive [officer of the board] director of the department shall appoint the
461     [executive] director of the [office with the approval of the board] office.
462          (2) The [executive] director shall administer the office in accordance with the direction
463     of the executive [officer of the board, policies of the board,] director and applicable state and
464     federal laws and regulations.
465          Section 9. Section 35A-13-105, which is renumbered from Section 53A-24-106 is
466     renumbered and amended to read:
467          [53A-24-106].      35A-13-105. Public funding of vocational rehabilitation and
468     independent living rehabilitation services.
469          (1) Public funding of vocational rehabilitation and independent living rehabilitation
470     services provided under this chapter may only be provided to eligible individuals [who are
471     found to require financial assistance with respect to those services].
472          (2) The [executive] director [may] shall establish priorities for use in determining
473     services to be provided to eligible individuals under this chapter if the demand for services
474     exceeds available funds.
475          (3) Rights established under this chapter are not transferable or assignable.
476          Section 10. Section 35A-13-106, which is renumbered from Section 53A-24-107 is

477     renumbered and amended to read:
478          [53A-24-107].      35A-13-106. Personally identifiable information --
479     Nondisclosure -- Penalty.
480          (1) Personally identifiable information obtained by the office, its employees, or agents
481     concerning individuals applying for or receiving services under this chapter may not be
482     disclosed without the prior written consent of the individual or the individual's legal
483     representative, except as required for administration of programs or services under this chapter,
484     or as otherwise authorized by law.
485          (2) Unauthorized disclosure of personally identifiable information obtained under this
486     chapter, or use of such information for unauthorized purposes, is a class B misdemeanor.
487          Section 11. Section 35A-13-107, which is renumbered from Section 53A-24-108 is
488     renumbered and amended to read:
489          [53A-24-108].      35A-13-107. Acceptance and use of gifts -- Not subject to
490     appropriation.
491          (1) The [executive] director may, with the approval of the [board] executive director,
492     accept and use [gifts] a gift to the office made unconditionally by will or otherwise for carrying
493     out the purposes of this chapter.
494          (2) [Gifts] A gift to the office made under conditions that the [board] executive director
495     finds to be consistent with this chapter may be accepted and used in accordance with the
496     conditions of the gift.
497          (3) [Gifts are] A gift to the office as described in this section is not subject to
498     appropriation by the Legislature.
499          Section 12. Section 35A-13-108, which is renumbered from Section 53A-24-109 is
500     renumbered and amended to read:
501          [53A-24-109].      35A-13-108. Delegation of duties and responsibilities of the
502     office.
503          The [executive] director may, in accordance with applicable law and regulations and
504     with the consent of the executive [officer of the board,] director, organize the office and

505     [delegate] assign duties and responsibilities [of the office to one or more of its divisions] to the
506     office's employees to enable the office to better serve [individuals'] individuals with disabilities
507     and to increase the efficiency and effectiveness of operations.
508          Section 13. Section 35A-13-109, which is renumbered from Section 53A-24-110 is
509     renumbered and amended to read:
510          [53A-24-110].      35A-13-109. Office duties to individuals with disabilities.
511          In administering this chapter, the office:
512          (1) [It is the intent of the Legislature that all activities of the office and its subordinate
513     components be conducted in such a manner] shall ensure that [persons] individuals with
514     disabilities [will be] are assisted, so far as reasonably possible, to take their rightful place in
515     open society as independent and self-supporting individuals[.]; and
516          (2) [Neither the office nor any of its parts may] may not assist or support any activity
517     that [will result] results in unnecessary continuation of a dependent or isolated state or
518     unnecessarily [separate persons] separates individuals with disabilities from open society.
519          Section 14. Section 35A-13-201 is enacted to read:
520     
Part 2. Office Responsibilities

521          35A-13-201. Title.
522          This part is known as "Office Responsibilities."
523          Section 15. Section 35A-13-202, which is renumbered from Section 53A-24-105 is
524     renumbered and amended to read:
525          [53A-24-105].      35A-13-202. Functions of the office.
526          The office may:
527          (1) apply for, receive, administer, and distribute funds made available through
528     programs of federal [or], state, or local governments;
529          (2) cooperate with federal [or], state, or local governmental entities to administer
530     programs and program funds;
531          (3) contract or cooperate with public or private entities or individuals;
532          (4) [if] as designated by the responsible authority, and with the approval of the [board]

533     department, perform any functions or services for the federal or state government that relate to
534     individuals with disabilities;
535          (5) establish subordinate administrative units necessary to increase efficiency and
536     improve the delivery of services to individuals with disabilities;
537          (6) establish and operate community service centers, rehabilitation facilities, and
538     workshops, and make grants to public and nonprofit organizations for those purposes;
539          (7) determine eligibility for, and the nature and scope of, services to be provided under
540     the state plan for vocational rehabilitation or other programs administered by the office;
541          (8) assist individuals with severe disabilities to establish and operate vending machine
542     services and other small businesses, and perform services authorized under Title 55, Chapter 5,
543     Blind Persons Operating Vending Stands - Food Services, and Title 55, Chapter 5a, Blind
544     Products Sales;
545          (9) furnish materials, tools, equipment, initial stocks and supplies, and occupational
546     licenses needed by rehabilitation facilities, workshops, and small businesses established under
547     this chapter, and develop and execute marketing plans for materials produced by those
548     operations;
549          (10) place money received by the office [or a subordinate unit] through sale of products
550     or services as authorized under this chapter into a fund managed by the office and used to
551     support additional training, production, and sales activities;
552          (11) conduct studies and investigations, give demonstrations and make reports, and
553     provide training and instruction related to the work of the office;
554          (12) establish and maintain research fellowships and traineeships, including necessary
555     stipends and allowances for those receiving training and instruction;
556          (13) institute and supervise programs to encourage the conservation of sight and
557     hearing and assist in overcoming and preventing disabling conditions;
558          (14) provide diagnostic, placement, vocational rehabilitation, training, adjustment, and
559     independent living services; and
560          (15) do all other things necessary to carry out assignments made by law or the [board]

561     department in assisting and rehabilitating [persons] individuals with disabilities.
562          Section 16. Section 35A-13-203, which is renumbered from Section 53A-24-106.5 is
563     renumbered and amended to read:
564          [53A-24-106.5].      35A-13-203. Employment first emphasis on the provision of
565     services.
566          (1) When providing services to [a person] an individual with a disability under this
567     chapter, the office shall, within funds appropriated by the Legislature and in accordance with
568     the requirements of federal and state law, give priority to providing services that assist the
569     [person] individual in obtaining and retaining meaningful and gainful employment that enables
570     the [person] individual to:
571          (a) purchase goods and services;
572          (b) establish self-sufficiency; and
573          (c) exercise economic control of the [person's] individual's life.
574          (2) The office shall develop a written plan to implement the policy described in
575     Subsection (1) that includes:
576          (a) assessing the strengths and needs of [a person] an individual with a disability;
577          (b) customizing strength-based approaches to obtaining employment;
578          (c) setting expectations, providing appropriate services toward, and recognizing
579     success in:
580          (i) integrated employment in the workplace at competitive wages and benefits; and
581          (ii) self-employment;
582          (d) developing partnerships with potential employers;
583          (e) providing appropriate employment training opportunities;
584          (f) coordinating services with other government agencies and community resources
585     [included in the Workforce Investment System];
586          (g) to the extent possible, eliminating practices and policies that interfere with the
587     policy described in Subsection (1); and
588          (h) arranging for alternative work experience leading to competitive, integrated

589     employment, including work-based training, volunteer work, and internships.
590          (3) The office shall, on an annual basis:
591          (a) set goals to implement the policy described in Subsection (1) and the plan described
592     in Subsection (2);
593          (b) determine whether the goals for the previous year have been met; and
594          (c) modify the plan described in Subsection (2) as needed.
595          Section 17. Section 35A-13-301 is enacted to read:
596     
Part 3. Governor's Committee on Employment of People with Disabilities

597          35A-13-301. Title.
598          This part is known as the "Governor's Committee on Employment of People with
599     Disabilities."
600          Section 18. Section 35A-13-302, which is renumbered from Section 53A-24-114 is
601     renumbered and amended to read:
602          [53A-24-114].      35A-13-302. Governor's Committee on Employment of
603     People with Disabilities.
604          [(1) There is created the Governor's Committee on Employment of People with
605     Disabilities.]
606          [(2) (a) The State Board of Education shall appoint at least 12 members to the
607     committee.]
608          [(b) The State Board of Education shall ensure that the committee includes members
609     from the public and private sectors who represent:]
610          [(i) business and industry;]
611          [(ii) individuals with disabilities and their advocates;]
612          [(iii) job training and placement;]
613          [(iv) administrative subunits of the state, such as the Department of Human Resource
614     Management, the Department of Workforce Services, Public Education, Higher Education, and
615     the Department of Human Services;]
616          [(v) labor;]

617          [(vi) veterans;]
618          [(vii) medical;]
619          [(viii) health;]
620          [(ix) insurance;]
621          [(x) media; and]
622          [(xi) the general public.]
623          (1) There is created the Governor's Committee on Employment of People with
624     Disabilities, composed of the following 15 members:
625          (a) the director of the office;
626          (b) the state superintendent of public instruction or the superintendent's designee;
627          (c) the commissioner of higher education or the commissioner's designee;
628          (d) the executive director of the Department of Human Resource Management or the
629     executive director's designee;
630          (e) the executive director of the Department of Human Services or the executive
631     director's designee;
632          (f) the executive director of the Department of Health or the executive director's
633     designee; and
634          (g) the following nine members appointed by the governor:
635          (i) a representative of individuals who are blind or visually impaired;
636          (ii) a representative of individuals who are deaf or hard of hearing;
637          (iii) a representative of individuals who have disabilities;
638          (iv) three representatives of business or industry;
639          (v) a representative experienced in job training and placement;
640          (vi) a representative of veterans; and
641          (vii) a representative experienced in medical, health, or insurance professions.
642          [(c)] (2) (a) (i) Except as provided in Subsection (2)[(c)](a)(ii), the [State Board of
643     Education] governor shall appoint the committee members described in Subsection (1)(g) to
644     serve four-year terms.

645          (ii) In making the initial appointments to the committee, the [State Board of Education]
646     governor shall appoint approximately [1/2] one-half of the members to two-year terms and
647     [1/2] one-half of the members to four-year terms.
648          [(d)] (b) Committee members shall serve until their successors are appointed and
649     qualified.
650          [(e)] (c) The [State Board of Education] governor shall fill any vacancy that occurs on
651     the committee for any reason by appointing a person according to the procedures of this section
652     for the unexpired term of the vacated member.
653          [(f) The State Board of Education shall select a chair from the membership.]
654          (d) The director of the office shall select a chair of the committee from the
655     membership.
656          [(g) Seven] (e) Eight members of the committee are a quorum for the transaction of
657     business.
658          (3) (a) The committee shall:
659          (i) promote employment opportunities for individuals with disabilities;
660          (ii) serve as the designated state liaison to the President's Committee on Employment
661     of People with Disabilities;
662          (iii) provide training and technical assistance to employers in implementing the
663     Americans with Disabilities Act;
664          (iv) develop and disseminate appropriate information through workshops, meetings,
665     and other requests in response to needs to employers and others regarding employment of
666     individuals with disabilities;
667          (v) establish contacts with various community representatives to identify and resolve
668     barriers to full participation in employment and community life;
669          (vi) formally recognize exemplary contributions in the areas of employment, job
670     placement, training, rehabilitation, support services, medicine, media or public relations, and
671     personal achievements made by individuals with disabilities;
672          (vii) advise, encourage, and motivate individuals with disabilities who are preparing

673     for or seeking employment to reach their full potential as qualified employees;
674          (viii) advocate for policies and practices that promote full and equal rights for
675     individuals with disabilities;
676          (ix) advise the [State Board of Education] office, the department, and the governor on
677     issues that affect employment and other requests for information on disability issues; and
678          (x) prepare an annual report on the progress, accomplishments, and future goals of the
679     committee and present the report to the [State Board of Education and the governor; and]
680     department for inclusion in the department's annual report described in Section 35A-1-109.
681          [(xi) establish and maintain a cooperative liaison between the governor's office, the
682     executive director of the committee, and the executive director of the Utah State Office of
683     Rehabilitation to fulfill the committee's purpose.]
684          (b) The committee may, by following the procedures and requirements of Title 63J,
685     Chapter 5, Federal Funds Procedures Act, receive and accept federal funds, and may receive
686     and accept state funds, private gifts, donations, and funds from any source to carry out its
687     purposes.
688          (4) The [director of the State Office of Rehabilitation shall appoint a person to] office
689     shall staff the committee.
690          Section 19. Section 35A-13-303, which is renumbered from Section 53A-24-205 is
691     renumbered and amended to read:
692          [53A-24-205].      35A-13-303. State rehabilitation council.
693          (1) The [board] executive director shall appoint [an advisory council] a state
694     rehabilitation advisory council to advise the [office, DRS, and, as appropriate, the board] office
695     and the department concerning the [need] needs of individuals with disabilities and the
696     [activities of DRS regarding] provision of vocational rehabilitation services.
697          (2) A majority of the membership of the advisory council shall consist of individuals
698     with disabilities.
699          [(3) Members may be reimbursed for authorized actual and necessary expenses
700     incurred by them in the performance of their official duties.]

701          (3) A member of the council may not receive compensation or benefits for the
702     member's service, but may receive per diem and travel expenses in accordance with:
703          (a) Section 63A-3-106;
704          (b) Section 63A-3-107; and
705          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
706     63A-3-107.
707          Section 20. Section 35A-13-401 is enacted to read:
708     
Part 4. Services for the Blind and Visually Impaired

709          35A-13-401. General Provisions.
710          (1) This part is known as "Services for the Blind and Visually Impaired."
711          (2) For the purposes of this part:
712          (a) "Assistant director" means the assistant director of the division.
713          (b) "Division" means the program called the Division of Services for the Blind and
714     Visually Impaired created in Section 35A-13-402.
715          Section 21. Section 35A-13-402 is enacted to read:
716          35A-13-402. The Division of Services for the Blind and Visually Impaired.
717          (1) There is created as a program within the office the Division of Services for the
718     Blind and Visually Impaired.
719          (2) The director, with the approval of the executive director and after consultation with
720     members of the community to be served by the division, shall appoint an assistant director to
721     administer the services provided by the division.
722          (3) The assistant director shall administer the division in accordance with:
723          (a) the direction of the director and the executive director; and
724          (b) applicable state and federal laws and regulations.
725          Section 22. Section 35A-13-403, which is renumbered from Section 53A-24-304 is
726     renumbered and amended to read:
727          [53A-24-304].      35A-13-403. Services provided by the division.
728          [DSBVI may:] The division may:

729          (1) provide:
730          (a) a business enterprise program;
731          (b) [sheltered] workshops, employment, and training; and
732          (c) vocational rehabilitation, training and adjustment, sight conservation, prevention of
733     blindness, low vision [lens] lenses, and recreational services [for individuals who are blind or
734     have visual impairments];
735          (2) assist public education officials in the discharge of their duties towards children
736     who are blind or have visual impairments, and perform services related to vision screening
737     under Section 53A-11-203;
738          (3) maintain a register of individuals who are blind or have visual impairments,
739     including such facts as the [board] office considers necessary for proper planning,
740     administration, and operations, but protecting against unwarranted invasions of privacy;
741          (4) establish and operate community service centers, rehabilitation facilities, and
742     workshops; and
743          (5) perform other duties assigned by the director or the executive director [or the
744     board].
745          Section 23. Section 35A-13-404, which is renumbered from Section 53A-24-305 is
746     renumbered and amended to read:
747          [53A-24-305].      35A-13-404. Appointment of advisory council.
748          (1) The [board] executive director shall appoint an advisory council to advise and assist
749     the [office, DSBVI, and, as appropriate, the board] division, the office, and the department in
750     matters relating to the needs of and provision of services to individuals who are blind or have
751     visual impairments [and the activities of DSBVI].
752          (2) At least [one-third] one-half of the members of the council shall be individuals who
753     are blind or have visual impairments.
754          [(3) Members may be reimbursed for authorized actual and necessary expenses
755     incurred by them in the performance of their official duties.]
756          (3) A member of the council may not receive compensation or benefits for the

757     member's service, but may receive per diem and travel expenses in accordance with:
758          (a) Section 63A-3-106;
759          (b) Section 63A-3-107; and
760          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
761     63A-3-107.
762          Section 24. Section 35A-13-501 is enacted to read:
763     
Part 5. Services for the Deaf and Hard of Hearing

764          35A-13-501. General provisions.
765          (1) This part is known as "Services for the Deaf and Hard of Hearing."
766          (2) For the purposes of this part:
767          (a) "Assistant director" means the assistant director of the division.
768          (b) "Division" means the program called the Division of Services for the Deaf and
769     Hard of Hearing created in Section 35A-13-502.
770          Section 25. Section 35A-13-502 is enacted to read:
771          35A-13-502. The Division of Services for the Deaf and Hard of Hearing.
772          (1) There is created as a program within the office the Division of Services for the Deaf
773     and Hard of Hearing.
774          (2) The director, with the approval of the executive director and after consultation with
775     members of the community to be served by the division, shall appoint an assistant director to
776     administer the services provided by the division.
777          (3) The assistant director shall administer the division in accordance with:
778          (a) the direction of the director and the executive director; and
779          (b) applicable state and federal laws and regulations.
780          Section 26. Section 35A-13-503, which is renumbered from Section 53A-24-404 is
781     renumbered and amended to read:
782          [53A-24-404].      35A-13-503. Services provided by the division.
783          [DSDHH] The division may:
784          (1) provide training and adjustment services for adults [with hearing impairments] who

785     are deaf or hard of hearing;
786          (2) assist public education officials in the discharge of their duties towards children
787     [with hearing impairments] who are deaf or hard of hearing;
788          (3) maintain a register of qualified interpreters;
789          (4) provide training in the use of telecommunication devices for the deaf, and install
790     and maintain those devices;
791          (5) operate community centers for individuals [with hearing impairments] who are deaf
792     or hard of hearing; and
793          (6) perform other duties assigned by the director or the executive director [or the
794     board].
795          Section 27. Section 35A-13-504, which is renumbered from Section 53A-24-405 is
796     renumbered and amended to read:
797          [53A-24-405].      35A-13-504. Appointment of advisory council.
798          (1) The [board] executive director shall appoint an advisory council to advise and assist
799     the [office, DSDHH, and, as appropriate, the board] division, the office, and the department in
800     matters relating to the needs of and provision of services to individuals [with hearing
801     impairments and the activities of DSDHH] who are deaf or hard of hearing.
802          (2) At least [one-third] one-half of the members of the council shall be individuals
803     [with hearing impairments] who are deaf or hard of hearing.
804          [(3) Members may be reimbursed for authorized actual and necessary expenses
805     incurred by them in the performance of their official duties.]
806          (3) A member of the council may not receive compensation or benefits for the
807     member's service, but may receive per diem and travel expenses in accordance with:
808          (a) Section 63A-3-106;
809          (b) Section 63A-3-107; and
810          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
811     63A-3-107.
812          Section 28. Section 35A-13-601, which is renumbered from Section 53A-26a-101 is

813     renumbered and amended to read:
814     
Part 6. Interpreter Services for the Deaf and Hard of Hearing Act

815          [53A-26a-101].      35A-13-601. Title.
816          (1) This [chapter] part is known as the "Interpreter Services for the [Hearing Impaired
817     Act] Deaf and Hard of Hearing Act."
818          (2) All rules made under this part shall be made in accordance with Title 63G, Chapter
819     3, Utah Administrative Rulemaking Act.
820          Section 29. Section 35A-13-602, which is renumbered from Section 53A-26a-102 is
821     renumbered and amended to read:
822          [53A-26a-102].      35A-13-602. Definitions.
823          As used in this [chapter] part:
824          (1) "Advisory board" or "board" means the Interpreters Certification Board created in
825     Section [53A-26a-201] 35A-13-603.
826          (2) "Assistant director" means the assistant director who administers the program
827     called the Division of Services for the Deaf and Hard of Hearing created in Section
828     35A-13-502.
829          [(2)] (3) "Certified interpreter" means [a person] an individual who is certified as
830     meeting the certification requirements of this [chapter] part.
831          [(3) "Hearing impaired" means a hearing loss which:]
832          [(a) necessitates the visual acquisition of language; or]
833          [(b) adversely affects the acquisition of language but which does not preclude the
834     auditory acquisition of language.]
835          (4) "Interpreter services" means services that facilitate effective communication
836     between a hearing [person and a person] individual and an individual who is [hearing impaired
837     as defined by Subsection (3),] deaf or hard of hearing through American Sign Language or a
838     language system or code that is modeled after American Sign Language, in whole or in part, or
839     is in any way derived from American Sign Language.
840          Section 30. Section 35A-13-603, which is renumbered from Section 53A-26a-201 is

841     renumbered and amended to read:
842          [53A-26a-201].      35A-13-603. Board.
843          (1) There is created to assist the [State Board of Education] director of the office the
844     Interpreters Certification Board consisting of the following 11 members:
845          (a) a designee of the assistant director [of the Division of Services to the Deaf and Hard
846     of Hearing (DSDHH) in the Utah State Office of Rehabilitation];
847          (b) a designee of the State Board of Regents;
848          (c) a designee of the State Board of Education;
849          (d) four professional interpreters, recommended by the assistant director [of DSDHH];
850     and
851          (e) four [persons who are hearing impaired] individuals who are deaf or hard of
852     hearing, recommended by the assistant director [of DSDHH].
853          (2) (a) The [State Board of Education] director shall make all appointments to the
854     board.
855          (b) In making [its] appointments under Subsections (1)(d) and (e), the [State Board of
856     Education] director shall give consideration to recommendations by certified interpreters [for
857     the hearing impaired] and members of the [hearing impaired] deaf and hard of hearing
858     community.
859          (3) (a) Board members shall serve three-year terms, except that for the initial terms of
860     board members, three shall serve one-year terms, four shall serve two-year terms, and four shall
861     serve three-year terms.
862          (b) [A person] An individual may not serve more than two three-year consecutive
863     terms.
864          (c) If a vacancy occurs on the board for [any other] a reason other than the expiration of
865     a term, the [State Board of Education] director shall appoint a replacement for the remainder of
866     the term [pursuant to] in accordance with Subsections (1) and (2).
867          (4) The [State Board of Education] director may remove [any] a board member for
868     cause, which [shall] may include misconduct, incompetence, or neglect of duty.

869          (5) The board shall [elect] annually elect a chair and vice chair from among its
870     members.
871          (6) The board shall meet as often as necessary to accomplish the purposes of this
872     [chapter] part, but not less than quarterly.
873          [(7) Board members shall receive compensation for actual and necessary expenses in
874     connection with their service on the board, but shall not receive a per diem.]
875          (7) A member of the board may not receive compensation or benefits for the member's
876     service, but may receive travel expenses in accordance with:
877          (a) Section 63A-3-107; and
878          (b) rules made by the Division of Finance in accordance with Section 63A-3-107.
879          Section 31. Section 35A-13-604, which is renumbered from Section 53A-26a-202 is
880     renumbered and amended to read:
881          [53A-26a-202].      35A-13-604. Powers and duties of the board.
882          (1) The board shall function as an advisory board to the [State Board of Education]
883     director and under the director's direction [of the State Board of Education] shall perform the
884     following duties concerning the certification of interpreters:
885          [(a) recommend to the state board]
886          (a) make recommendations to the director regarding:
887          (i) appropriate rules;
888          [(b) recommend to the state board]
889          (ii) policy and budgetary matters;
890          [(c) recommend to the state board a]
891          (iii) the appropriate passing score for applicant examinations; and
892          (iv) standards of supervision for individuals in training to become certified interpreters;
893          [(d)] (b) screen applicants for certification and [recommend] make written
894     recommendations to the director regarding certification, renewal, reinstatement, and
895     recertification actions [to the state board in writing]; and
896          [(e) recommend standards of supervision for persons in training to become certified

897     interpreters; and]
898          [(f)] (c) act as the presiding officer in conducting hearings associated with adjudicative
899     proceedings and in issuing recommended orders [when so] as designated by the [State Board of
900     Education] director.
901          (2) The [State Board of Education] director, with the collaboration and assistance of
902     the advisory board, shall:
903          (a) prescribe certification qualifications;
904          (b) prescribe rules governing applications for certification;
905          (c) provide for a fair and impartial method [of] for the examination of applicants;
906          (d) define unprofessional conduct, by rule, to supplement the definition under this
907     [chapter] part; and
908          (e) establish conditions for reinstatement and renewal of certification.
909          (3) (a) The advisory board shall designate one of its members on a permanent or
910     rotating basis to:
911          (i) assist the [state board] director in reviewing complaints involving the unlawful or
912     unprofessional conduct of a certified interpreter; and
913          (ii) advise the [state board in its investigation of these] director when investigating
914     complaints.
915          (b) An advisory board member who has, under Subsection (3)(a), reviewed or
916     investigated a complaint [or advised in its investigation] is disqualified from participating with
917     the advisory board [when it] if the board serves as a presiding officer of an administrative
918     proceeding concerning the complaint.
919          Section 32. Section 35A-13-605, which is renumbered from Section 53A-26a-301 is
920     renumbered and amended to read:
921          [53A-26a-301].      35A-13-605. Certification required -- Classes of certification.
922          (1) Except as specifically provided in Section [53A-26a-305] 35A-13-609, an
923     individual is required to be certified as a certified interpreter if that individual provides
924     interpreter services and a state or federal law requires the interpreter to be certified or qualified.

925          (2) The [State Board of Education] director shall issue a certification to [any person] an
926     individual who qualifies under this chapter in classifications determined by the [board] director
927     based upon recommendations from the advisory board.
928          Section 33. Section 35A-13-606, which is renumbered from Section 53A-26a-302 is
929     renumbered and amended to read:
930          [53A-26a-302].      35A-13-606. Qualifications for certification.
931          Each applicant for certification under this [chapter] part shall:
932          (1) submit an application in a form prescribed by the [State Board of Education]
933     director;
934          (2) pay a fee determined by the [State Board of Education] director under Section
935     63J-1-504 to help offset the costs of implementing this [chapter] part for the administration of
936     examinations for certification and for the issuance of certificates;
937          (3) be of good moral character; and
938          (4) comply with any other qualifications for certification established by the [State
939     Board of Education pursuant to Subsection 53A-26a-202(2)] director in accordance with
940     Subsection 35A-13-604(2).
941          Section 34. Section 35A-13-607, which is renumbered from Section 53A-26a-303 is
942     renumbered and amended to read:
943          [53A-26a-303].      35A-13-607. Certification term -- Expiration -- Renewal.
944          (1) (a) The [State Board of Education] director shall issue each certificate under this
945     [chapter] part in accordance with a three-year renewal cycle established by rule.
946          (b) The [State Board of Education] director may by rule extend or shorten a renewal
947     cycle by as much as one year to stagger the renewal cycles it administers.
948          (2) At the time of renewal, the certified interpreter must show satisfactory evidence of
949     compliance with renewal conditions established by the [State Board of Education pursuant to
950     Subsection 53A-26a-202(2)] director in accordance with Subsection 35A-13-604(2).
951          (3) Each certificate automatically expires on the expiration date shown on the
952     certificate unless the certified interpreter renews it in accordance with the conditions prescribed

953     by the [State Board of Education for renewal] director.
954          Section 35. Section 35A-13-608, which is renumbered from Section 53A-26a-304 is
955     renumbered and amended to read:
956          [53A-26a-304].      35A-13-608. Continuing education.
957          (1) (a) As a condition for renewal of certification, each certified interpreter shall,
958     during each three-year certification cycle or other cycle defined by rule, complete a number of
959     hours of qualified continuing professional education in accordance with standards defined by
960     rule.
961          (b) The [State Board of Education] director shall determine the number of hours based
962     upon recommendations from the advisory board.
963          (2) If the renewal cycle is extended or shortened under Section [53A-26a-303]
964     35A-13-607, the continuing education hours determined for renewal under Subsection (1) shall
965     be increased or decreased proportionately.
966          Section 36. Section 35A-13-609, which is renumbered from Section 53A-26a-305 is
967     renumbered and amended to read:
968          [53A-26a-305].      35A-13-609. Exemptions from certification -- Temporary or
969     restricted certification.
970          (1) The following individuals may engage in the practice of a certified interpreter,
971     subject to the stated circumstances and limitations, without being certified under this chapter:
972          (a) an individual serving in or employed by the Armed Forces of the United States, the
973     United States Public Health Service, the United States Department of Veterans Affairs, or other
974     federal [agencies while] agency and who is engaged in activities regulated under this [chapter]
975     part as a part of the individual's service or employment with that federal agency, if the [person]
976     individual holds a valid certificate or license to provide interpreter services issued by [any
977     other] another state or jurisdiction recognized by the [State Board of Education] director;
978          (b) a student engaged in providing interpreter services while in training in a recognized
979     school approved by the [State Board of Education] director to the extent the student's activities
980     are supervised by qualified faculty, staff, or a designee, and the services are a defined part of

981     the training program;
982          (c) an individual engaged in an internship, residency, apprenticeship, or on-the-job
983     training program approved by the [State Board of Education] director while under the
984     supervision of a qualified [persons] individual;
985          (d) an individual residing in another state and certified or licensed to provide
986     interpreter services in that state, who is called in for a consultation by an individual certified to
987     provide interpreter services in this state, and the services provided are limited to that
988     consultation;
989          (e) an individual who is invited by a recognized school, association, or other body
990     approved by the [State Board of Education] director to conduct a lecture, clinic, or
991     demonstration on interpreter services, if the individual does not establish a place of business or
992     regularly engage in the practice of providing interpreter services in this state;
993          (f) an individual licensed in another state or country who is in this state temporarily to
994     attend to the needs of an athletic team or group, except that the individual may only attend to
995     the needs of the team or group[, including all] and individuals who travel with the team or
996     group, [except as a spectator] not including spectators; or
997          (g) an individual who is providing interpreter services for a religious entity, to the
998     extent that the religious entity is specifically exempted from liability under federal law.
999          (2) (a) An individual temporarily in this state who is exempted from certification under
1000     Subsection (1) shall comply with each requirement of the jurisdiction from which the
1001     individual derives authority to [practice] provide interpreter services.
1002          (b) Violation of any limitation imposed by this section is grounds for removal of
1003     exempt status, denial of certification, or another disciplinary proceeding.
1004          (3) (a) Upon the declaration of a national, state, or local emergency, the [State Board of
1005     Education] director, in collaboration with the advisory board, may suspend the requirements for
1006     permanent or temporary certification of [persons] individuals who are certified or licensed in
1007     another state.
1008          (b) Individuals exempt under Subsection (3)(a) shall be exempt from certification for

1009     the duration of the emergency while engaged in providing interpreter services for which they
1010     are certified or licensed in the other state.
1011          (4) The [State Board of Education] director, after consulting with the advisory board,
1012     may adopt rules for the issuance of temporary or restricted certifications if their issuance is
1013     necessary to or justified by:
1014          (a) a lack of necessary available interpretive services in any area or community of the
1015     state, if the lack of services might be reasonably considered to materially jeopardize
1016     compliance with state or federal law; or
1017          (b) a need to first observe an applicant for certification in a monitored or supervised
1018     practice of providing interpretive services before a decision is made by the board either to grant
1019     or deny the applicant a regular certification.
1020          Section 37. Section 35A-13-610, which is renumbered from Section 53A-26a-401 is
1021     renumbered and amended to read:
1022          [53A-26a-401].      35A-13-610. Grounds for denial of certification --
1023     Disciplinary proceedings.
1024          (1) The [State Board of Education] director shall refuse to issue a certificate to an
1025     applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or
1026     otherwise act upon the certificate of a certified interpreter who does not meet the qualifications
1027     for certification under this [chapter] part.
1028          (2) The [State Board of Education] director may refuse to issue a certificate to an
1029     applicant, refuse to renew a certificate, revoke, suspend, restrict, or place on probation the
1030     certificate of a certified interpreter, issue a public or private reprimand to a certified interpreter,
1031     and issue a cease and desist order in any of the following [cases] circumstances:
1032          (a) the applicant or certified interpreter has engaged in unprofessional conduct as
1033     defined in this [chapter] part or by rule under this [chapter] part;
1034          (b) the applicant or certified interpreter has engaged in unlawful conduct as defined in
1035     this [chapter] part;
1036          (c) the applicant or certified interpreter has been determined to be mentally

1037     incompetent for any reason by a court of competent jurisdiction; or
1038          (d) the applicant or certified interpreter is unable to provide interpretive services with
1039     reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
1040     chemicals, or any other type of material, or as a result of any other mental or physical
1041     condition, when the individual's condition demonstrates a threat or potential threat to [the]
1042     public health, safety, or welfare.
1043          (3) An individual whose certificate has been suspended, revoked, or restricted under
1044     Subsection (1) may apply for reinstatement at reasonable intervals and upon compliance with
1045     conditions imposed by the [State Board of Education] director.
1046          (4) The [State Board of Education] director may issue cease and desist orders:
1047          (a) to a certified interpreter or applicant who [may be disciplined] is subject to
1048     discipline under Subsection (1);
1049          (b) to [any person] an individual who engages or represents [himself to be] that the
1050     individual is engaged in the profession of a certified interpreter; and
1051          (c) to [any person] an individual who otherwise violates this [chapter or any rules
1052     adopted under this chapter] part or rules adopted under this part.
1053          Section 38. Section 35A-13-611, which is renumbered from Section 53A-26a-501 is
1054     renumbered and amended to read:
1055          [53A-26a-501].      35A-13-611. Unlawful conduct.
1056          "Unlawful conduct" means conduct by [any person] an individual that is defined as
1057     unlawful under this part and includes:
1058          (1) practicing or engaging in, representing oneself to be practicing or engaging in, or
1059     attempting to practice or engage in the profession of a certified interpreter if the [person]
1060     individual is:
1061          (a) not certified to do so [or] and is not exempted from certification under this chapter;
1062     or
1063          (b) restricted from doing so by a restricted, suspended, revoked, temporary,
1064     probationary, or inactive certification;

1065          (2) impersonating another certified interpreter or practicing as a certified interpreter
1066     under a false or assumed name, except as permitted by law;
1067          (3) knowingly employing [any other person] an individual to practice or engage in or
1068     attempt to practice or engage in the profession of a certified interpreter, if the employee is not
1069     certified to do so under this chapter;
1070          (4) knowingly permitting the [person's] individual's authority to engage in the
1071     profession of a certified interpreter to be used by another individual, except as permitted by
1072     law; or
1073          (5) applying for [or] certification under this part, obtaining certification under this part,
1074     or otherwise dealing with the [State Board of Education] director through the use of fraud,
1075     forgery, or intentional deception, misrepresentation, misstatement, or omission.
1076          Section 39. Section 35A-13-612, which is renumbered from Section 53A-26a-502 is
1077     renumbered and amended to read:
1078          [53A-26a-502].      35A-13-612. Unprofessional conduct.
1079          "Unprofessional conduct" means conduct by a certified interpreter that is defined as
1080     unprofessional conduct under this [chapter] part or under any rules adopted under this [chapter]
1081     part and includes:
1082          (1) violating, or aiding or abetting [any other person to violate] an individual in
1083     violating, any provision of this [chapter or rule] part, rule adopted under this part, or order
1084     regulating certified interpreters;
1085          (2) violating, or aiding or abetting [any other person to violate] an individual in
1086     violating, any generally accepted professional or ethical standard applicable to the profession of
1087     a certified interpreter; or
1088          (3) physically, mentally, or sexually abusing or exploiting [any person] an individual
1089     through conduct connected with a certified interpreter's practice under this [chapter] part.
1090          Section 40. Section 35A-13-613, which is renumbered from Section 53A-26a-503 is
1091     renumbered and amended to read:
1092          [53A-26a-503].      35A-13-613. Penalty for unlawful conduct.

1093          [Any person] An individual who violates Section [53A-26a-501] 35A-13-611 is guilty
1094     of a class B misdemeanor.
1095          Section 41. Section 53A-1-403.5 is amended to read:
1096          53A-1-403.5. Education of persons in custody of the Utah Department of
1097     Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration
1098     among state agencies.
1099          (1) The State Board of Education and the Utah Department of Corrections, subject to
1100     legislative appropriation, are responsible for the education of persons in the custody of the Utah
1101     Department of Corrections.
1102          (2) (a) To fulfill the responsibility under Subsection (1), the State Board of Education
1103     and the Utah Department of Corrections shall, where feasible, contract with appropriate private
1104     or public agencies to provide educational and related administrative services. Contracts for
1105     postsecondary education and training shall be under Subsection (2)(b).
1106          (b) (i) The contract under Subsection (2)(a) to provide postsecondary education and
1107     training shall be with a community college if the correctional facility is located within the
1108     service region of a community college, except under Subsection (2)(b)(ii).
1109          (ii) If the community college under Subsection (2)(b)(i) declines to provide the
1110     education and training or cannot meet reasonable contractual terms for providing the education
1111     and training as specified by the Utah Department of Corrections, postsecondary education and
1112     training under Subsection (2)(a) may be procured through other appropriate private or public
1113     agencies.
1114          (3) (a) As its corrections education program, the State Board of Education and the Utah
1115     Department of Corrections shall develop and implement a recidivism reduction plan, including
1116     the following components:
1117          (i) inmate assessment;
1118          (ii) cognitive problem-solving skills;
1119          (iii) basic literacy skills;
1120          (iv) career skills;

1121          (v) job placement;
1122          (vi) postrelease tracking and support;
1123          (vii) research and evaluation;
1124          (viii) family involvement and support; and
1125          (ix) multiagency collaboration.
1126          (b) The plan shall be developed and implemented through the State Office of
1127     Education and the Utah Department of Corrections in collaboration with the following entities:
1128          (i) the State Board of Regents;
1129          (ii) the Utah College of Applied Technology Board of Trustees;
1130          (iii) local boards of education;
1131          (iv) the Department of Workforce Services;
1132          (v) the Department of Human Services;
1133          (vi) the Board of Pardons and Parole;
1134          (vii) the Utah State Office of Rehabilitation; and
1135          (viii) the Governor's Office.
1136          (4) By July 1, 2014, and every three years thereafter, the Utah Department of
1137     Corrections shall make a report to the Education Interim Committee and the Judiciary, Law
1138     Enforcement, and Criminal Justice Interim Committee evaluating the impact of corrections
1139     education programs on recidivism.
1140          Section 42. Section 53A-1a-501.7 is amended to read:
1141          53A-1a-501.7. State Charter School Board -- Staff director -- Facilities.
1142          (1) (a) The State Charter School Board, with the consent of the superintendent of
1143     public instruction, shall appoint a staff director for the State Charter School Board.
1144          (b) The State Charter School Board shall have authority to remove the staff director
1145     with the consent of the superintendent of public instruction.
1146          (c) The position of staff director is exempt from the career service provisions of Title
1147     67, Chapter 19, Utah State Personnel Management Act.
1148          (2) The superintendent of public instruction shall provide space for staff of the State

1149     Charter School Board in facilities occupied by the Utah State Office of Education, with costs
1150     charged for the facilities equal to those charged other sections and divisions within the Utah
1151     State Office of Education [and Utah State Office of Rehabilitation].
1152          Section 43. Section 53A-11-203 is amended to read:
1153          53A-11-203. Vision screening.
1154          (1) As used in this section:
1155          (a) ["Division"] "Office" means the [Division of Services for the Blind and Visually
1156     Impaired created under Section 53A-24-302] Utah State Office of Rehabilitation created in
1157     Section 35A-1-202.
1158          (b) "Qualifying child" means a child who is at least 3-1/2 years old, but is less than
1159     nine years old.
1160          (2) A child under nine years old entering school for the first time in this state must
1161     present the following to the school:
1162          (a) a certificate signed by a licensed physician, optometrist, or other licensed health
1163     professional approved by the [division] office, stating that the child has received vision
1164     screening to determine the presence of amblyopia or other visual defects; or
1165          (b) a written statement signed by at least one parent or legal guardian of the child that
1166     the screening violates the personal beliefs of the parent or legal guardian.
1167          (3) (a) The [division] office:
1168          (i) shall provide vision screening report forms to a person approved by the [division]
1169     office to conduct a free vision screening for a qualifying child;
1170          (ii) may work with health care professionals, teachers, and vision screeners to develop
1171     protocols that may be used by a parent, teacher, or vision screener to help identify a child who
1172     may have conditions that are not detected in a vision screening, such as problems with eye
1173     focusing, eye tracking, visual perceptual skills, visual motor integration, and convergence
1174     insufficiency; and
1175          (iii) shall, once protocols are established under Subsection (3)(a)(ii), develop language
1176     regarding the vision problems identified in Subsection (3)(a)(ii) to be included in the notice

1177     required by Subsection (3)(b).
1178          (b) The report forms shall include the following information for a parent or guardian:
1179     "vision screening is not a substitute for a complete eye exam and vision evaluation by an eye
1180     doctor."
1181          (4) A school district or charter school may conduct free vision screening clinics for a
1182     qualifying child.
1183          (5) (a) The [division] office shall maintain a central register of qualifying children who
1184     fail vision screening and who are referred for follow-up treatment.
1185          (b) The register described in Subsection (5)(a) shall include the name of the child, age
1186     or birthdate, address, cause for referral, and follow-up results.
1187          (c) A school district or charter school shall report to the [division] office referral
1188     follow-up results for a qualifying child.
1189          (6) (a) A school district or charter school shall ensure that a volunteer who serves as a
1190     vision screener for a free vision screening clinic for a qualifying child:
1191          (i) is a school nurse;
1192          (ii) holds a certificate issued by the [division] office under Subsection (6)(b)(ii); or
1193          (iii) is directly supervised by an individual described in Subsection (6)(a)(i) or (ii).
1194          (b) The [division] office shall:
1195          (i) provide vision screening training to a volunteer seeking a certificate described in
1196     Subsection (6)(b)(ii), using curriculum established by the [division] office; and
1197          (ii) issue a certificate to a volunteer who successfully completes the vision screening
1198     training described in Subsection (6)(b)(i).
1199          (c) An individual described in Subsection (6)(a) is not liable for damages that result
1200     from acts or omissions related to the vision screening, unless the acts or omissions are willful
1201     or grossly negligent.
1202          (7) (a) Except as provided in Subsection (7)(b), a licensed health professional
1203     providing vision care to private patients may not participate as a screener in a free vision
1204     screening program provided by a school district.

1205          (b) A school district or charter school may:
1206          (i) allow a licensed health professional who provides vision care to private patients to
1207     participate as a screener in a free vision screening program for a child 3-1/2 years old or older;
1208          (ii) establish guidelines to administer a free vision screening program described in
1209     Subsection (7)(b)(i); and
1210          (iii) establish penalties for a violation of the requirements of Subsection (7)(c).
1211          (c) A licensed health professional or other person who participates as a screener in a
1212     free vision screening program described in Subsection (7)(b):
1213          (i) may not market, advertise, or promote the licensed health professional's business in
1214     connection with providing the free screening at the school; and
1215          (ii) shall provide the child's results of the free vision screening on a form produced by
1216     the school or school district, which:
1217          (A) may not include contact information other than the name of the licensed health
1218     professional; and
1219          (B) shall include a statement: "vision screening is not a substitute for a complete eye
1220     exam and vision evaluation by an eye doctor."
1221          (d) A school district or charter school may provide information to a parent or guardian
1222     of the availability of follow up vision services for a student.
1223          (8) The Department of Health shall:
1224          (a) by rule, set standards and procedures for vision screening required by this chapter,
1225     which shall include a process for notifying the parent or guardian of a child who fails a vision
1226     screening or is identified as needing follow-up care; and
1227          (b) provide the [division] office with copies of rules, standards, instructions, and test
1228     charts necessary for conducting vision screening.
1229          (9) The [division] office shall supervise screening, referral, and follow-up required by
1230     this chapter.
1231          Section 44. Section 53A-24-601 is enacted to read:
1232     
Part 6. Transition Plan for the Utah State Office of Rehabilitation


1233          53A-24-601. Transition plan.
1234          (1) On or before June 1, 2016, the Department of Workforce Services and the Utah
1235     State Office of Rehabilitation shall develop a written transition plan for moving the Utah State
1236     Office of Rehabilitation from the State Board of Education to the Department of Workforce
1237     Services on October 1, 2016, that describes:
1238          (a) the tasks that need to be completed before the move on October 1, 2016, including
1239     a description of:
1240          (i) which employees, by job title and classification, will transition to the Utah State
1241     Office of Rehabilitation under the Department of Workforce Services from the State Board of
1242     Education and the expected transition dates;
1243          (ii) office space and infrastructure requirements related to the transition;
1244          (iii) any work site location changes for transitioning employees;
1245          (iv) the transition of service delivery sites;
1246          (v) amendments needed to existing contracts;
1247          (vi) the provision of directions and information to Utah State Office of Rehabilitation
1248     clients regarding where services will be provided and the hours services will be provided;
1249          (vii) procedures for the transfer and reconciliation of budgeting and funding of the
1250     Utah State Office of Rehabilitation as the office transitions from the State Board of Education
1251     to the Department of Workforce Services; and
1252          (viii) the transition of technology services to the Utah State Office of Rehabilitation;
1253          (b) the tasks that need to be completed during the year after the move on October 1,
1254     2016; and
1255          (c) how the transition to the Department of Workforce Services will be funded,
1256     including details of:
1257          (i) how expenses associated with the transition will be managed;
1258          (ii) how funding for services provided by the Utah State Office of Rehabilitation will
1259     be managed between the State Board of Education and the Department of Workforce Services
1260     to ensure services will be provided by the Utah State Office of Rehabilitation without

1261     interruption; and
1262          (iii) how federal funds will be used by or transferred between the State Board of
1263     Education and the Department of Workforce Services to ensure services will be provided by
1264     the Utah State Office of Rehabilitation without interruption.
1265          (2) The written transition plan shall:
1266          (a) contain a timeline for the completion of the tasks described in Subsection (1)(a);
1267          (b) be updated at least every two weeks until the transition is complete;
1268          (c) describe how information will be provided to Utah Office of Rehabilitation clients
1269     regarding any changes to where services will be provided and the hours services will be
1270     provided;
1271          (d) be provided to the:
1272          (i) State Board of Education and the superintendent of public instruction;
1273          (ii) Division of Finance;
1274          (iii) Utah State Office of Rehabilitation; and
1275          (iv) Department of Technology Services; and
1276          (e) be made available to transitioning or potentially transitioning employees.
1277          (3) The Department of Workforce Services and the Utah State Office of Rehabilitation
1278     shall publish information on their websites for Utah State Office of Rehabilitation clients and
1279     employees that provides a full overview of the written transition plan and how the move will
1280     affect client services offered by the Utah State Office of Rehabilitation, including regularly
1281     updated:
1282          (a) information regarding the location where services are provided and the hours
1283     services are provided; and
1284          (b) contact information so that clients can contact transitioning employees and obtain
1285     information regarding client services.
1286          (4) The Department of Workforce Services and the State Board of Education may enter
1287     into a memorandum of understanding of how costs and responsibilities will be shared to:
1288          (a) ensure that services provided under agreements with the federal government are

1289     fulfilled;
1290          (b) ensure that commitments made by the State Board of Education with respect to the
1291     Utah State Office of Rehabilitation are met;
1292          (c) provide ongoing or shared services as needed, including the provision of payments
1293     to the State Board of Education from the Department of Workforce Services; and
1294          (d) ensure that money from the Office of Rehabilitation Transition Restricted Account,
1295     created in Section 53A-24-602, is used appropriately by the Department of Workforce Services
1296     and the State Board of Education.
1297          (5) The Department of Workforce Services may not expend federal funds received
1298     from the United States Rehabilitation Services Administration before October 1, 2016.
1299          (6) In implementing the written transition plan described in this section, the
1300     Department of Workforce Services and the Utah State Office of Rehabilitation shall:
1301          (a) protect existing services, programs, and access to services provided by the Utah
1302     State Office of Rehabilitation; and
1303          (b) preserve the existing organizational structure and personnel assignments within the
1304     Utah State Office of Rehabilitation.
1305          Section 45. Section 53A-24-602 is enacted to read:
1306          53A-24-602. Office of Rehabilitation Transition Restricted Account.
1307          (1) There is created a restricted account within the General Fund known as the "Office
1308     of Rehabilitation Transition Restricted Account."
1309          (2) The restricted account shall consist of appropriations made by the Legislature.
1310          (3) Subject to appropriation, the Utah State Office of Rehabilitation, the Department of
1311     Workforce Services, and the State Board of Education may spend money from the restricted
1312     account to pay for commitments related to and services provided by the Utah State Office of
1313     Rehabilitation, including expenses related to moving the Utah State Office of Rehabilitation
1314     from the State Board of Education to the Department of Workforce Services.
1315          Section 46. Section 54-8b-10 is amended to read:
1316          54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons

1317     with telecommunication devices -- Definitions -- Procedures for establishing program --
1318     Surcharge -- Administration and disposition of surcharge money.
1319          (1) As used in this section:
1320          (a) "Certified deaf or severely hearing or speech impaired person" means any state
1321     resident who:
1322          (i) is so certified by:
1323          (A) a licensed physician;
1324          (B) an otolaryngologist;
1325          (C) a speech language pathologist;
1326          (D) an audiologist; or
1327          (E) a qualified state agency; and
1328          (ii) qualifies for assistance under any low income public assistance program
1329     administered by a state agency.
1330          (b) "Certified interpreter" means a person who is a certified interpreter under Title
1331     [53A, Chapter 26a, Interpreter Services for the Hearing Impaired Act] 35A, Chapter 13, Part 6,
1332     Interpreter Services for the Deaf and Hard of Hearing Act.
1333          (c) (i) "Telecommunication device" means any mechanical adaptation device that
1334     enables a deaf or severely hearing or speech impaired person to use the telephone.
1335          (ii) "Telecommunication device" includes:
1336          (A) telecommunication devices for the deaf (TDD);
1337          (B) telephone amplifiers;
1338          (C) telephone signal devices;
1339          (D) artificial larynxes; and
1340          (E) adaptive equipment for TDD keyboard access.
1341          (2) The commission shall hold hearings to establish a program whereby a certified deaf
1342     or severely hearing or speech impaired customer of a telecommunications corporation that
1343     provides service through a local exchange or of a wireless telecommunications provider may
1344     obtain a telecommunication device capable of serving the customer at no charge to the

1345     customer beyond the rate for basic service.
1346          (3) (a) The program described in Subsection (2) shall provide a dual party relay system
1347     using third party intervention to connect a certified deaf or severely hearing or speech impaired
1348     person with a normal hearing person by way of telecommunication devices designed for that
1349     purpose.
1350          (b) The commission may, by rule, establish the type of telecommunications device to
1351     be provided to ensure functional equivalence.
1352          (4) (a) The commission shall impose a surcharge on each residential and business
1353     access line of each customer of local-exchange telephone service in this state, and each
1354     residential and business telephone number of each customer of mobile telephone service in this
1355     state, not including a telephone number used exclusively to transfer data to and from a mobile
1356     device, which shall be collected by the telecommunications corporation providing public
1357     telecommunications service to the customer, to cover the costs of:
1358          (i) the program described in Subsection (2); and
1359          (ii) payments made under Subsection (5).
1360          (b) The commission shall establish by rule the amount to be charged under this section,
1361     provided that:
1362          (i) the surcharge does not exceed 20 cents per month for each residential and business
1363     access line for local-exchange telephone service, and for each residential and business
1364     telephone number for mobile telephone service, not including a telephone number used
1365     exclusively to transfer data to and from a mobile device; and
1366          (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
1367     may be imposed, billed, and collected only to the extent permitted by the Mobile
1368     Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
1369          (c) The telecommunications corporation shall collect the surcharge from its customers
1370     and transfer the money collected to the commission under rules adopted by the commission.
1371          (d) The surcharge shall be separately identified on each bill to a customer.
1372          (5) (a) Money collected from the surcharge imposed under Subsection (4) shall be

1373     deposited in the state treasury as dedicated credits to be administered as determined by the
1374     commission.
1375          (b) These dedicated credits may be used only:
1376          (i) for the purchase, maintenance, repair, and distribution of telecommunication
1377     devices;
1378          (ii) for the acquisition, operation, maintenance, and repair of a dual party relay system;
1379          (iii) to reimburse telephone corporations for the expenses incurred in collecting and
1380     transferring to the commission the surcharge imposed by the commission;
1381          (iv) for the general administration of the program;
1382          (v) to train persons in the use of telecommunications devices; and
1383          (vi) by the commission to contract, in compliance with Title 63G, Chapter 6a, Utah
1384     Procurement Code, with:
1385          (A) an institution within the state system of higher education listed in Section
1386     53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
1387     certified interpreters; or
1388          (B) the [Division of Services to the Deaf and Hard of Hearing] Utah State Office of
1389     Rehabilitation created in Section 35A-1-202 for a program that trains persons to qualify as
1390     certified interpreters.
1391          (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
1392     Administrative Rulemaking Act, for the administration of money under Subsection (5)(b)(vi).
1393          (ii) In the initial rulemaking to determine the administration of money under
1394     Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
1395          (d) Money received by the commission under Subsection (4) is nonlapsing.
1396          (6) (a) The telephone surcharge need not be collected by a telecommunications
1397     corporation if the amount collected would be less than the actual administrative costs of the
1398     collection.
1399          (b) If Subsection (6)(a) applies, the telecommunications corporation shall submit to the
1400     commission, in lieu of the revenue from the surcharge collection, a breakdown of the

1401     anticipated costs and the expected revenue from the collection, showing that the costs exceed
1402     the revenue.
1403          (7) The commission shall solicit the advice, counsel, and physical assistance of
1404     severely hearing or speech impaired persons and the organizations serving them in the design
1405     and implementation of the program.
1406          Section 47. Section 55-5-2 is amended to read:
1407          55-5-2. Licensing agency -- Duties of the Utah State Office of Rehabilitation.
1408          (1) The [Division of Services for the Blind and Visually Impaired,] Utah State Office
1409     of Rehabilitation created in Section 35A-1-202 is designated as the licensing agency for the
1410     purpose of carrying out this chapter.
1411          (2) The [Division of Services for the Blind and Visually Impaired,] Utah State Office
1412     of Rehabilitation shall:
1413          (a) take necessary steps to carry out the provisions of this chapter;
1414          (b) with the approval of the custodian having charge of the building, park or other
1415     property in which the vending stand or other enterprise is to be located, select a location for
1416     such stand or enterprise and the type of equipment to be provided;
1417          (c) construct and equip stands where blind persons may be trained under the
1418     supervision of the [Division of Services for the Blind and Visually Impaired] Utah State Office
1419     of Rehabilitation to carry on a business as a vending stand operator;
1420          (d) provide adequate supervision of each person licensed to operate vending stands or
1421     other enterprises to ensure efficient and orderly management; and
1422          (e) make rules necessary for the proper operation of vending stands or other
1423     enterprises.
1424          Section 48. Section 55-5-7 is amended to read:
1425          55-5-7. Agencies to negotiate for food service with the Utah State Office of
1426     Rehabilitation -- Existing contracts.
1427          (1) A governmental agency [which] that proposes to operate or continue a food service
1428     in a public office building shall first attempt in good faith to make an agreement with the

1429     [Division of Services for the Blind and Visually Impaired] Utah State Office of Rehabilitation
1430     created in Section 35A-1-202 to operate the food service without payment of rent.
1431          (2) The governmental agency may not offer or grant to any other party a contract or
1432     concession to operate the food service unless the governmental agency determines in good faith
1433     that the [Division of Services for the Blind and Visually Impaired] Utah State Office of
1434     Rehabilitation is not willing to or cannot satisfactorily provide the food service.
1435          (3) This act may not impair any valid contract existing on the effective date of this act,
1436     and does not preclude renegotiation of a valid contract on the same terms and with the same
1437     parties.
1438          Section 49. Section 55-5-8 is amended to read:
1439          55-5-8. Food service in exempt buildings.
1440          With respect to all state, county, and municipal buildings [which] that are not subject to
1441     Section 55-5-7, the governmental agency in charge of the building shall consider allowing the
1442     [Division of Services for the Blind and Visually Impaired] Utah State Office of Rehabilitation
1443     created in Section 35A-1-202 to operate any existing or proposed food service in the building,
1444     and shall discuss the operation with the division under Section [53A-24-304] 35A-13-402 upon
1445     its request.
1446          Section 50. Section 55-5a-2 is amended to read:
1447          55-5a-2. Definitions.
1448          As used in this [act] chapter:
1449          (1) "Blind" means an individual, or class of individuals, whose central acuity does not
1450     exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than
1451     20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its
1452     widest diameter subtends an angle of no greater than 20 degrees.
1453          [(2) "Division" means the Division of Services for the Blind and Visually Impaired.]
1454          [(3)] (2) "Direct labor" means work required for preparation, processing[,] and
1455     packing, other than supervision, administration, inspection [and], or shipping.
1456          (3) "Office" means the Utah State Office of Rehabilitation created in Section

1457     35A-1-202.
1458          Section 51. Section 55-5a-3 is amended to read:
1459          55-5a-3. Permit required to sell blind-made products or services or to make sales
1460     to help the blind and visually impaired.
1461          (1) A person, group of persons, or organization may not[,] by any means, sell, transfer,
1462     or otherwise dispose of goods, articles, or products to the public in this state [which] that are
1463     labeled as made by the blind or sold as products of the blind without first securing a permit in
1464     writing from the office for each person selling or soliciting the sale of those goods, articles, or
1465     products [from the Division of Services for the Blind and Visually Impaired].
1466          (2) A person, group of persons, or organization may not conduct or engage in any
1467     business [whatsoever] in this state, if the word "blind" is used to designate its product's origin
1468     or manufacture or if it is used in such a manner as to indicate the services, goods, articles, or
1469     products that it provides are blind-made or provide help for the blind or visually impaired,
1470     unless a written permit is obtained from the [division] office to do so.
1471          (3) A person, group of persons, or organization may not conduct any of the activities
1472     designated in this section using a name, trade name, logo, or other identifying mark or name
1473     [which] that implies that the person, group of persons, or organization using the name is
1474     affiliated with or sponsored by the state or any of its agencies or subdivisions, when the person,
1475     group of persons, or organization is not sponsored or supported by the state or one of its
1476     agencies or subdivisions.
1477          Section 52. Section 55-5a-4 is amended to read:
1478          55-5a-4. Issuance of permits -- Eligibility -- Fee -- Local license or permit.
1479          (1) The [division] office may adopt rules and regulations, prescribe procedures, adopt
1480     forms and applications, review applications for permits, and issue permits as required by
1481     Section 55-5a-3 subject to the following:
1482          (a) A product shall be considered "blind-made" if 75% or more of the direct labor
1483     hours required for its manufacture are provided by the blind.
1484          (b) A person or organization shall be considered to be selling blind-made products if

1485     60% or more of the wholesale cost of the seller's average inventory of products is blind-made
1486     and the seller clearly differentiates by the use of labels or other markings between blind-made
1487     products and other products.
1488          (c) Individuals or businesses are conducting sales by the blind if 75% or more of the
1489     direct labor hours in packaging, marketing, soliciting and making sales are provided by the
1490     blind.
1491          (d) Upon receipt of appropriate documentation indicating qualification of a person or
1492     organization seeking a license under this act, the [division] office shall issue permits for any
1493     one[,] or [a] combination of the following:
1494          (i) sale of products manufactured by the blind[,];
1495          (ii) sale of blind-made products by the blind[, and]; or
1496          (iii) sale by the blind of products not made by the blind.
1497          (e) No permit shall be issued by the [division] office if the business name, trade name,
1498     or logo of the organization seeking the permit is similar to the name of or in any way implies
1499     an affiliation with or support of the state or one of its agencies or subdivisions if the
1500     organization is not so affiliated.
1501          (2) A fee of not more than $5 shall be charged for the issuance and renewal of each
1502     permit [which] that shall be valid for a period of one year unless earlier revoked for good cause
1503     shown.
1504          (3) No political subdivision of this state shall issue [any] a license or permit
1505     [whatsoever] to sell blind-made goods, articles, or products unless the person applying for that
1506     license or permit has first obtained a valid permit issued by the [division] office.
1507          Section 53. Section 55-5a-5 is amended to read:
1508          55-5a-5. Application for permit -- Investigation -- Exception -- Appeal of denial.
1509          (1) The [division] office shall investigate each application for a permit to [assure]
1510     ensure that the person, group of persons, or organization is actually engaged in the manufacture
1511     or distribution of goods, articles, or products made by blind persons within the meaning of this
1512     act. [The division]

1513          (2) Notwithstanding Subsection (1), the office may issue permits without
1514     investigation[, however,] to nonresident persons, groups of persons, or organizations upon
1515     proof that they are recognized and approved by the state in which they reside as authorized to
1516     sell such goods, articles, or products pursuant to a law of that state imposing requirements
1517     substantially similar to those prescribed [pursuant to] by this act.
1518          (3) Anyone denied a permit may appeal the decision of the [division to the state
1519     superintendent of public instruction or his] office to the executive director of the Department of
1520     Workforce Services or the executive director's designated agent.
1521          Section 54. Section 62A-5a-102 is amended to read:
1522          62A-5a-102. Definitions.
1523          As used in this chapter:
1524          (1) "Council" means the Coordinating Council for Persons with Disabilities.
1525          (2) "State agencies" means:
1526          (a) the Division of Services for People with Disabilities and the Division of Substance
1527     Abuse and Mental Health, within the Department of Human Services;
1528          (b) the Division of Health Care Financing within the Department of Health;
1529          (c) family health services programs established under Title 26, Chapter 10, Family
1530     Health Services, operated by the Department of Health;
1531          (d) the Utah State Office of Rehabilitation created in Section 35A-1-202; and
1532          (e) special education programs operated by the State Office of Education and local
1533     school districts under Title 53A, Chapter 15, Part 3, Education of Children with Disabilities.
1534          Section 55. Section 62A-5a-103 is amended to read:
1535          62A-5a-103. Coordinating Council for Persons with Disabilities -- Creation --
1536     Membership -- Expenses.
1537          (1) There is created the Coordinating Council for Persons with Disabilities.
1538          (2) The council shall consist of:
1539          (a) the director of the Division of Services for People with Disabilities within the
1540     Department of Human Services, or [his] the director's designee;

1541          (b) the director of family health services programs, appointed under Section 26-10-3,
1542     or [his] the director's designee;
1543          (c) the [executive] director of the Utah State Office of Rehabilitation created in Section
1544     35A-1-202, or [his] the director's designee;
1545          (d) the state director of special education, or [his] the director's designee;
1546          (e) the director of the Division of Health Care Financing within the Department of
1547     Health, or [his] the director's designee;
1548          (f) the director of the Division of Substance Abuse and Mental Health within the
1549     Department of Human Services, or [his] the director's designee;
1550          (g) the superintendent of Schools for the Deaf and the Blind, or [his] the
1551     superintendent's designee; and
1552          (h) a person with a disability, a family member of a person with a disability, or an
1553     advocate for persons with disabilities, appointed by the members listed in Subsections (2)(a)
1554     through (g).
1555          (3) (a) The council shall annually elect a chair from its membership.
1556          (b) Five members of the council are a quorum.
1557          (4) A member may not receive compensation or benefits for the member's service, but
1558     may receive per diem and travel expenses in accordance with:
1559          (a) Section 63A-3-106;
1560          (b) Section 63A-3-107; and
1561          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1562     63A-3-107.
1563          Section 56. Section 62A-5a-105 is amended to read:
1564          62A-5a-105. Coordination of services for school-age children.
1565          (1) Within appropriations authorized by the Legislature, the state director of special
1566     education, the [executive] director of the Utah State Office of Rehabilitation created in Section
1567     35A-1-202, the executive director of the Department of Human Services, and the family health
1568     services director within the Department of Health, or their designees, and the affected local

1569     school district shall cooperatively develop a single coordinated education program, treatment
1570     services, and individual and family supports for students entitled to a free appropriate
1571     education under Title 53A, Chapter 15, Part 3, Education of Children with Disabilities, who
1572     also require services from the Department of Human Services, the Department of Health, or the
1573     Utah State Office of Rehabilitation.
1574          (2) Distribution of costs for services and supports described in Subsection (1) shall be
1575     determined through a process established by the State Board of Education, the Department of
1576     Human Services, and the Department of Health.
1577          Section 57. Section 63B-19-201 is amended to read:
1578          63B-19-201. Authorizations to design and construct capital facilities using
1579     institutional or agency funds.
1580          (1) The Legislature intends that:
1581          (a) Southern Utah University may, subject to the requirements of Title 63A, Chapter 5,
1582     State Building Board - Division of Facilities Construction and Management, use $10,000,000
1583     in donations and the revenue bond authorized in Subsection 63B-19-102(6) to plan, design, and
1584     construct a Southern Utah Museum of Arts, with 28,000 new square feet;
1585          (b) no state funds be used for any portion of this project; and
1586          (c) the university may not request state funds for operation and maintenance costs or
1587     capital improvements.
1588          (2) The Legislature intends that:
1589          (a) the University of Utah may, subject to the requirements of Title 63A, Chapter 5,
1590     State Building Board - Division of Facilities Construction and Management, use $17,878,000
1591     in donations, federal funds, and institutional funds to plan, design, and construct an addition to
1592     the Henry Eyring Building, with 40,915 new square feet;
1593          (b) no state funds be used for any portion of this project; and
1594          (c) the university may not request state funds for operation and maintenance costs or
1595     capital improvements.
1596          (3) The Legislature intends that:

1597          (a) Utah State University may, subject to the requirements of Title 63A, Chapter 5,
1598     State Building Board - Division of Facilities Construction and Management, use $3,000,000 in
1599     donations to plan, design, and construct a Botanical Center classroom building, with 7,900 new
1600     square feet;
1601          (b) no state funds be used for any portion of this project; and
1602          (c) the university may not request state funds for operation and maintenance costs or
1603     capital improvements.
1604          (4) The Legislature intends that:
1605          (a) [the Division of Services for the Blind and Visually Impaired in] the Utah State
1606     Office of Rehabilitation created in Section 35A-1-202 may, subject to the requirements of Title
1607     63A, Chapter 5, State Building Board - Division of Facilities Construction and Management,
1608     use $1,497,000 in federal grants to plan, design, and construct a residential facility for the
1609     blind, with 8,000 new square feet;
1610          (b) no state funds be used for any portion of this project; and
1611          (c) the division may not request state funds for operation and maintenance costs or
1612     capital improvements.
1613          (5) The Legislature intends that:
1614          (a) the Department of Public Safety may, subject to the requirements of Title 63A,
1615     Chapter 5, State Building Board - Division of Facilities Construction and Management, use
1616     $3,294,000 of nonlapsing balances within the driver license line item in the Department of
1617     Public Safety budget in fiscal year 2010 to plan, design, and construct an Ogden driver license
1618     building with 10,500 new square feet;
1619          (b) no state funds be used for any portion of this project; and
1620          (c) the department may not request state funds for operation and maintenance costs or
1621     capital improvements.
1622          (6) The Legislature intends that:
1623          (a) the University of Utah may use donations to prepare preliminary plans for a dental
1624     school building;

1625          (b) no state funds be used for any portion of the planning; and
1626          (c) the University of Utah may not design or construct a dental school building unless
1627     and until the Legislature authorizes:
1628          (i) the design and construction of a dental school building;
1629          (ii) the University to pursue the establishment of a dental school program; and
1630          (iii) the appropriation of funds at a level sufficient to fund a dental school program at
1631     the University of Utah.
1632          Section 58. Section 63G-6a-805 is amended to read:
1633          63G-6a-805. Purchase from community rehabilitation programs.
1634          (1) As used in this section:
1635          (a) "Advisory board" means the Purchasing from Persons with Disabilities Advisory
1636     Board created under this section.
1637          (b) "Central not-for-profit association" means a group of experts designated by the
1638     advisory board to do the following, under guidelines established by the advisory board:
1639          (i) assist the advisory board with its functions; and
1640          (ii) facilitate the implementation of advisory board policies.
1641          (c) (i) "Community rehabilitation program" means a program that is operated primarily
1642     for the purpose of the employment and training of persons with a disability by a government
1643     agency or qualified nonprofit organization which is an income tax exempt organization under
1644     26 U.S.C. Sec. 501(c)(3) of the Internal Revenue Code.
1645          (ii) A community rehabilitation program:
1646          (A) maintains an employment ratio of at least 75% of the program employees under the
1647     procurement contract in question have severe disabilities;
1648          (B) (I) complies with any applicable occupational health and safety standards
1649     prescribed by the United States Department of Labor; or
1650          (II) is a supported employment program approved by the Utah State Office of
1651     Rehabilitation created in Section 35A-1-202;
1652          (C) has its principal place of business in Utah;

1653          (D) produces any good provided under this section in Utah; and
1654          (E) provides any service that is provided by individuals with a majority of whom
1655     domiciled in Utah.
1656          (d) "Person with a disability" means a person with any disability as defined by and
1657     covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
1658          (2) There is created within the division the Purchasing from Persons with Disabilities
1659     Advisory Board.
1660          (3) The advisory board shall consist of three members, as follows:
1661          (a) the director of the division or the director's designee;
1662          (b) the [executive] director of the Utah State Office of Rehabilitation[, created under
1663     Section 53A-24-103,] or the [executive] director's designee; and
1664          (c) a representative of the private business community who shall be appointed to a
1665     three-year term by the governor with the advice and consent of the Senate.
1666          (4) The advisory board shall meet, as needed, to facilitate the procurement of goods
1667     and services from community rehabilitation programs by a procurement unit under this chapter
1668     by:
1669          (a) identifying goods and services that are available from community rehabilitation
1670     programs in accordance with the requirements of Subsection (7);
1671          (b) approving prices in accordance with Subsection (7)(c) for goods and services that
1672     are identified under Subsection (4)(a);
1673          (c) developing, maintaining, and approving a preferred procurement contract list of
1674     goods and services identified and priced under Subsections (4)(a) and (b);
1675          (d) reviewing bids received by a community rehabilitation program; and
1676          (e) awarding and renewing specified contracts for set contract times, without
1677     competitive bidding, for the purchase of goods and services under Subsection (7).
1678          (5) The provisions of Subsections (4) and (7)(a) are an exception to the procurement
1679     provisions under this chapter.
1680          (6) (a) The advisory board may designate a central not-for-profit association, appoint

1681     its members, and establish guidelines for its duties.
1682          (b) The designated central not-for-profit association serves at the pleasure of the
1683     advisory board. The central not-for-profit association or its individual members may be
1684     removed by the advisory board at any time by a majority vote of the advisory board.
1685          (c) Subject to the advisory board guidelines and discretion, a designated central
1686     not-for-profit association may be assigned to perform the following duties:
1687          (i) identify qualified community rehabilitation programs and the goods and services
1688     that they provide or have the potential to provide;
1689          (ii) help ensure that goods and services are provided at reasonable quality and delivery
1690     levels;
1691          (iii) recommend pricing for goods and services;
1692          (iv) review bids and recommend the award of contracts under the advisory board's
1693     direction;
1694          (v) collect and report program data to the advisory board and to the division; and
1695          (vi) other duties specified by the advisory board.
1696          (7) Except as provided under Subsection (9), notwithstanding any provision of this
1697     chapter to the contrary, each procurement unit shall purchase goods and services produced by a
1698     community rehabilitation program using the preferred procurement contract list approved under
1699     Subsection (4)(c) if:
1700          (a) the good or service offered for sale by a community rehabilitation program
1701     reasonably conforms to the needs and specifications of the procurement unit;
1702          (b) the community rehabilitation program can supply the good or service within a
1703     reasonable time; and
1704          (c) the price of the good or service is reasonably competitive with the cost of procuring
1705     the good or service from another source.
1706          (8) Each community rehabilitation program:
1707          (a) may submit a bid to the advisory board at any time and not necessarily in response
1708     to an invitation for bids; and

1709          (b) shall certify on any bid it submits to the advisory board or to a procurement unit
1710     under this section that it is claiming a preference under this section.
1711          (9) During a fiscal year, the requirement for a procurement unit to purchase goods and
1712     services produced by a community rehabilitation program under the preferred procurement list
1713     under Subsection (7) does not apply if the division determines that the total amount of
1714     procurement contracts with community rehabilitation programs has reached $5 million for that
1715     fiscal year.
1716          (10) In the case of conflict between a purchase under this section and a purchase under
1717     Section 63G-6a-804, this section prevails.
1718          Section 59. Section 63I-2-253 is amended to read:
1719          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
1720          (1) Section 53A-1-403.5 is repealed July 1, 2017.
1721          (2) Subsection 53A-1-410(5) is repealed July 1, 2015.
1722          (3) Section 53A-1-411 is repealed July 1, 2017.
1723          (4) Section 53A-1a-513.5 is repealed July 1, 2017.
1724          (5) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
1725          (6) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
1726     repealed July 1, 2017.
1727          (7) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
1728          Section 60. Section 63J-1-601 is amended to read:
1729          63J-1-601. End of fiscal year -- Unexpended balances -- Funds not to be closed
1730     out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
1731     accounts and funds -- Institutions of higher education to report unexpended balances.
1732          (1) As used in this section, "transaction control number" means the unique numerical
1733     identifier established by the Department of Health to track each medical claim and indicates the
1734     date on which the claim is entered.
1735          (2) On or before August 31 of each fiscal year, the director of the Division of Finance
1736     shall close out to the proper fund or account all remaining unexpended and unencumbered

1737     balances of appropriations made by the Legislature, except:
1738          (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
1739          (i) enterprise funds;
1740          (ii) internal service funds;
1741          (iii) trust and agency funds;
1742          (iv) capital projects funds;
1743          (v) discrete component unit funds;
1744          (vi) debt service funds; and
1745          (vii) permanent funds;
1746          (b) those revenue collections, appropriations from a fund or account, or appropriations
1747     to a program that are designated as nonlapsing under Sections 63J-1-602.1 through
1748     63J-1-602.5;
1749          (c) expendable special revenue funds, unless specifically directed to close out the fund
1750     in the fund's enabling legislation;
1751          (d) acquisition and development funds appropriated to the Division of Parks and
1752     Recreation;
1753          (e) funds encumbered to pay purchase orders issued prior to May 1 for capital
1754     equipment if delivery is expected before June 30; and
1755          (f) unexpended and unencumbered balances of appropriations that meet the
1756     requirements of Section 63J-1-603.
1757          (3) (a) Liabilities and related expenses for goods and services received on or before
1758     June 30 shall be recognized as expenses due and payable from appropriations made prior to
1759     June 30.
1760          (b) The liability and related expense shall be recognized within time periods
1761     established by the Division of Finance but shall be recognized not later than August 31.
1762          (c) Liabilities and expenses not so recognized may be paid from regular departmental
1763     appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
1764     unencumbered balances of appropriations for the years in which the obligation was incurred.

1765          (d) No amounts may be transferred from an item of appropriation of any department,
1766     institution, or agency into the Capital Projects Fund or any other fund without the prior express
1767     approval of the Legislature.
1768          (4) (a) For purposes of this chapter, a claim processed under the authority of Title 26,
1769     Chapter 18, Medical Assistance Act:
1770          (i) is not a liability or an expense to the state for budgetary purposes, unless the
1771     Division of Health Care Financing receives the claim within the time periods established by the
1772     Division of Finance under Subsection (3)(b); and
1773          (ii) is not subject to Subsection (3)(c).
1774          (b) The transaction control number that the Division of Health Care Financing records
1775     on each claim invoice is the date of receipt.
1776          (5) (a) For purposes of this chapter, a claim processed in accordance with Title [53A]
1777     35A, Chapter [24] 13, Utah State Office of Rehabilitation Act:
1778          (i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
1779     State Office of Rehabilitation receives the claim within the time periods established by the
1780     Division of Finance under Subsection (3)(b); and
1781          (ii) is not subject to Subsection (3)(c).
1782          (b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
1783     date on which the Utah State Office of Rehabilitation receives the claim invoice.
1784          (ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this
1785     section.
1786          (6) Any balance from an appropriation to a state institution of higher education that
1787     remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
1788     the September 1 following the close of the fiscal year.
1789          Section 61. Section 63J-1-602.3 is amended to read:
1790          63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
1791          (1) Funding for the Search and Rescue Financial Assistance Program, as provided in
1792     Section 53-2a-1102.

1793          (2) Appropriations made to the Division of Emergency Management from the State
1794     Disaster Recovery Restricted Account, as provided in Section 53-2a-603.
1795          (3) Appropriations made to the Department of Public Safety from the Department of
1796     Public Safety Restricted Account, as provided in Section 53-3-106.
1797          (4) Appropriations to the Motorcycle Rider Education Program, as provided in Section
1798     53-3-905.
1799          (5) Appropriations from the Utah Highway Patrol Aero Bureau Restricted Account
1800     created in Section 53-8-303.
1801          (6) Appropriations from the DNA Specimen Restricted Account created in Section
1802     53-10-407.
1803          (7) The Canine Body Armor Restricted Account created in Section 53-16-201.
1804          (8) The School Readiness Restricted Account created in Section 53A-1b-104.
1805          (9) Appropriations to the State Board of Education, as provided in Section
1806     53A-17a-105.
1807          (10) Money received by the Utah State Office of Rehabilitation for the sale of certain
1808     products or services, as provided in Section [53A-24-105] 35A-13-202.
1809          (11) Certain funds appropriated from the General Fund to the State Board of Regents
1810     for teacher preparation programs, as provided in Section 53B-6-104.
1811          (12) Funding for the Medical Education Program administered by the Medical
1812     Education Council, as provided in Section 53B-24-202.
1813          (13) A certain portion of money collected for administrative costs under the School
1814     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1815          (14) Certain surcharges on residential and business telephone numbers imposed by the
1816     Public Service Commission, as provided in Section 54-8b-10.
1817          (15) Certain fines collected by the Division of Occupational and Professional Licensing
1818     for violation of unlawful or unprofessional conduct that are used for education and enforcement
1819     purposes, as provided in Section 58-17b-505.
1820          (16) Certain fines collected by the Division of Occupational and Professional Licensing

1821     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
1822     Section 58-63-103.
1823          (17) Appropriations from the Relative Value Study Restricted Account created in
1824     Section 59-9-105.
1825          (18) The Cigarette Tax Restricted Account created in Section 59-14-204.
1826          Section 62. Section 78B-1-203 is amended to read:
1827          78B-1-203. Effectiveness of interpreter determined.
1828          (1) Before appointing an interpreter, the appointing authority shall make a preliminary
1829     determination, on the basis of the proficiency level established by the Utah [division of
1830     rehabilitation services] State Office of Rehabilitation created in Section 35A-1-202 and on the
1831     basis of the hearing-impaired person's testimony, that the interpreter is able to accurately
1832     communicate with and translate information to and from the hearing-impaired person involved.
1833          (2) If the interpreter is not able to provide effective communication with the
1834     hearing-impaired person, the appointing authority shall appoint another qualified interpreter.
1835          Section 63. Section 78B-1-206 is amended to read:
1836          78B-1-206. List of qualified interpreters -- Use -- Appointment of another.
1837          (1) The Utah [division of rehabilitation services] State Office of Rehabilitation created
1838     in Section 35A-1-202 shall establish, maintain, update, and distribute a list of qualified
1839     interpreters.
1840          (2) (a) When an interpreter is required under this part, the appointing authority shall
1841     use one of the interpreters on the list provided by the Utah [division of rehabilitation services]
1842     State Office of Rehabilitation.
1843          (b) If none of the listed interpreters are available or are able to provide effective
1844     interpreting with the particular hearing-impaired person, then the appointing authority shall
1845     appoint another qualified interpreter who is able to accurately and simultaneously communicate
1846     with and translate information to and from the particular hearing-impaired person involved.
1847          Section 64. Section 78B-1-208 is amended to read:
1848          78B-1-208. Compensation of interpreter.

1849          (1) An interpreter appointed under this part is entitled to a reasonable fee for his or her
1850     services, including waiting time and reimbursement for necessary travel and subsistence
1851     expenses.
1852          (2) The fee shall be based on a fee schedule for interpreters recommended by the
1853     [division of rehabilitation services] Utah State Office of Rehabilitation created in Section
1854     35A-1-202 or on prevailing market rates.
1855          (3) Reimbursement for necessary travel and subsistence expenses shall be at rates
1856     provided by law for state employees generally.
1857          (4) Compensation for interpreter services shall be paid by the appointing authority if
1858     the interpreter is not otherwise compensated for those services.
1859          Section 65. Repealer.
1860          This bill repeals:
1861          Section 53A-15-205, Disability Determination Services Advisory Council --
1862     Membership -- Duties -- Requirements for DDDS.
1863          Section 53A-24-110.5, Assistive Technology Advisory Council -- Membership --
1864     Duties.
1865          Section 53A-24-110.7, Appropriation for assistive technology devices and services.
1866          Section 53A-24-201, Definition.
1867          Section 53A-24-202, Creation.
1868          Section 53A-24-203, Appointment of division director -- Administration.
1869          Section 53A-24-204, Division responsibilities.
1870          Section 53A-24-301, Definitions.
1871          Section 53A-24-302, Creation.
1872          Section 53A-24-303, Appointment of division director -- Administration.
1873          Section 53A-24-401, Definitions.
1874          Section 53A-24-402, Creation.
1875          Section 53A-24-403, Appointment of administrator for the division.
1876          Section 53A-24-501, Creation.

1877          Section 53A-24-502, Appointment of administrator for the division.
1878          Section 53A-24-503, Division responsibilities.
1879          Section 66. Appropriation -- Operating and capital budgets.
1880          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
1881     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
1882     are appropriated from resources not otherwise appropriated, or reduced from amounts
1883     previously appropriated, out of the funds or accounts indicated. These sums of money are in
1884     addition to amounts previously appropriated for fiscal year 2017.
1885          Item 1: To Department of Workforce Services -- Utah State Office of Rehabilitation
1886               From General Fund
$21,385,100

1887               From General Fund, one-time
($21,385,100)

1888               From General Fund Restricted -- Office of Rehabilitation
1889                Transition Restricted Account
$26,385,100

1890               From Federal Funds
$62,656,000

1891               From Dedicated Credits Revenue
$985,600

1892               Schedule of Programs:
1893                    Executive Director                    $2,965,300
1894                    Blind and Visually Impaired               $6,109,700
1895                    Rehabilitation Services               $46,461,800
1896                    Disability Determination               $15,655,600
1897                    Deaf and Hard of Hearing               $2,988,600
1898                    Aspire Grant                         $10,845,700
1899          The Legislature intends that the Department of Workforce Services may spend up to the
1900     amount appropriated in this item from the General Fund Restricted -- Office of Rehabilitation
1901     Transition Restricted Account for fiscal year 2017, but that expenditures from the account in
1902     this item of appropriation plus expenditures from the account at the State Board of Education
1903     may not exceed the total amount available in the account.
1904          Item 2: To State Board of Education -- Utah State Office of Rehabilitation

1905               From General Fund
($273,700)

1906               From Education Fund
($21,111,400)

1907               From General Fund Restricted -- Office of Rehabilitation
1908                Transition Restricted Account
$26,385,100

1909               Schedule of Programs:
1910                    Vocational Rehabilitation               $5,000,000
1911          The Legislature intends that the State Board of Education may spend up to the amount
1912     appropriated in this item from the General Fund Restricted -- Office of Rehabilitation
1913     Transition Restricted Account for fiscal year 2017, but that expenditures from the account in
1914     this item of appropriation plus expenditures from the account at the Department of Workforce
1915     Services may not exceed the total amount available in the account.
1916          Section 67. Appropriation -- Restricted fund and account transfers.
1917          The Legislature authorizes the Division of Finance to transfer the following amounts
1918     among the following funds or accounts as indicated. Expenditures and outlays from the
1919     recipient funds must be authorized elsewhere in an appropriations act.
1920          Item 3: To General Fund Restricted -- Office of Rehabilitation Transition
1921           Restricted Account
1922               From General Fund, one-time
$21,385,100

1923               From Beginning Nonlapsing Appropriation Balances
$5,000,000

1924               Schedule of Programs:
1925                    General Fund Restricted -- Office of Rehabilitation
1926                     Transition Restricted Account          $26,385,100
1927          The Legislature intends that the fiscal year 2016 ending balances at the Utah State
1928     Office of Rehabilitation within the State Board of Education not lapse and the Division of
1929     Finance transfer those balances into the General Fund Restricted -- Office of Rehabilitation
1930     Transition Restricted Account at the close of fiscal year 2016.
1931          Section 68. Effective date.
1932          (1) Except as provided in Subsections (2) and (3), this bill takes effect on October 1,

1933     2016.
1934          (2) If approved by two-thirds of all the members elected to each house, amendments to
1935     Section 53A-24-601 and Section 53A-24-602 in this bill take effect upon approval by the
1936     governor, or the day following the constitutional time limit of Utah Constitution, Article VII,
1937     Section 8, without the governor's signature, or in the case of a veto, the date of veto override.
1938          (3) Uncodified Section 66, Appropriation -- Operating and capital budgets, and Section
1939     67, Appropriation -- Restricted fund and account transfers, in this bill take effect on July 1,
1940     2016.