2
3
4
5
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[
195 [
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; [
301 (d) the Housing and Community Development Division, which is described in Sections
302 35A-8-201 and 35A-8-202[
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 [
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
393
394 [
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 [
400 As used in this chapter:
401 [
402
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 [
417
418
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 [
422
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 [
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 [
434 [
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 [
439 (1) [
440 Rehabilitation created in Section 35A-1-202 is under the [
441
442 [
443 (2) The [
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 [
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 [
459 the office.
460 (1) The executive [
461 [
462 (2) The [
463 of the executive [
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 [
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 [
471
472 (2) The [
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 [
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 [
490 appropriation.
491 (1) The [
492 accept and use [
493 out the purposes of this chapter.
494 (2) [
495 finds to be consistent with this chapter may be accepted and used in accordance with the
496 conditions of the gift.
497 (3) [
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 [
502 office.
503 The [
504 with the consent of the executive [
505 [
506 office's employees to enable the office to better serve [
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 [
511 In administering this chapter, the office:
512 (1) [
513
514 disabilities [
515 open society as independent and self-supporting individuals[
516 (2) [
517 that [
518 unnecessarily [
519 Section 14. Section 35A-13-201 is enacted to read:
520
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 [
526 The office may:
527 (1) apply for, receive, administer, and distribute funds made available through
528 programs of federal [
529 (2) cooperate with federal [
530 programs and program funds;
531 (3) contract or cooperate with public or private entities or individuals;
532 (4) [
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 [
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 [
561 department in assisting and rehabilitating [
562 Section 16. Section 35A-13-203, which is renumbered from Section 53A-24-106.5 is
563 renumbered and amended to read:
564 [
565 services.
566 (1) When providing services to [
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 [
570 the [
571 (a) purchase goods and services;
572 (b) establish self-sufficiency; and
573 (c) exercise economic control of the [
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 [
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 [
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
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 [
603 People with Disabilities.
604 [
605
606 [
607
608 [
609
610 [
611 [
612 [
613 [
614
615
616 [
617 [
618 [
619 [
620 [
621 [
622 [
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 [
643
644 serve four-year terms.
645 (ii) In making the initial appointments to the committee, the [
646 governor shall appoint approximately [
647 [
648 [
649 qualified.
650 [
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 [
654 (d) The director of the office shall select a chair of the committee from the
655 membership.
656 [
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 [
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 [
680 department for inclusion in the department's annual report described in Section 35A-1-109.
681 [
682
683
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 [
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 [
693 (1) The [
694 rehabilitation advisory council to advise the [
695 and the department concerning the [
696 [
697 (2) A majority of the membership of the advisory council shall consist of individuals
698 with disabilities.
699 [
700
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
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 [
728 [
729 (1) provide:
730 (a) a business enterprise program;
731 (b) [
732 (c) vocational rehabilitation, training and adjustment, sight conservation, prevention of
733 blindness, low vision [
734
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 [
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 [
744
745 Section 23. Section 35A-13-404, which is renumbered from Section 53A-24-305 is
746 renumbered and amended to read:
747 [
748 (1) The [
749 the [
750 matters relating to the needs of and provision of services to individuals who are blind or have
751 visual impairments [
752 (2) At least [
753 are blind or have visual impairments.
754 [
755
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
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 [
783 [
784 (1) provide training and adjustment services for adults [
785 are deaf or hard of hearing;
786 (2) assist public education officials in the discharge of their duties towards children
787 [
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 [
792 or hard of hearing; and
793 (6) perform other duties assigned by the director or the executive director [
794
795 Section 27. Section 35A-13-504, which is renumbered from Section 53A-24-405 is
796 renumbered and amended to read:
797 [
798 (1) The [
799 the [
800 matters relating to the needs of and provision of services to individuals [
801
802 (2) At least [
803 [
804 [
805
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
815 [
816 (1) This [
817
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 [
823 As used in this [
824 (1) "Advisory board" or "board" means the Interpreters Certification Board created in
825 Section [
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 [
830 meeting the certification requirements of this [
831 [
832 [
833 [
834
835 (4) "Interpreter services" means services that facilitate effective communication
836 between a hearing [
837
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 [
843 (1) There is created to assist the [
844 Interpreters Certification Board consisting of the following 11 members:
845 (a) a designee of the assistant director [
846
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 [
850 and
851 (e) four [
852 hearing, recommended by the assistant director [
853 (2) (a) The [
854 board.
855 (b) In making [
856
857
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) [
863 terms.
864 (c) If a vacancy occurs on the board for [
865 a term, the [
866 the term [
867 (4) The [
868 cause, which [
869 (5) The board shall [
870 members.
871 (6) The board shall meet as often as necessary to accomplish the purposes of this
872 [
873 [
874
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 [
882 (1) The board shall function as an advisory board to the [
883 director and under the director's direction [
884 following duties concerning the certification of interpreters:
885 [
886 (a) make recommendations to the director regarding:
887 (i) appropriate rules;
888 [
889 (ii) policy and budgetary matters;
890 [
891 (iii) the appropriate passing score for applicant examinations; and
892 (iv) standards of supervision for individuals in training to become certified interpreters;
893 [
894 recommendations to the director regarding certification, renewal, reinstatement, and
895 recertification actions [
896 [
897
898 [
899 proceedings and in issuing recommended orders [
900
901 (2) The [
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 [
906 (d) define unprofessional conduct, by rule, to supplement the definition under this
907 [
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 [
912 unprofessional conduct of a certified interpreter; and
913 (ii) advise the [
914 complaints.
915 (b) An advisory board member who has, under Subsection (3)(a), reviewed or
916 investigated a complaint [
917 the advisory board [
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 [
922 (1) Except as specifically provided in Section [
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 [
926 individual who qualifies under this chapter in classifications determined by the [
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 [
931 Each applicant for certification under this [
932 (1) submit an application in a form prescribed by the [
933 director;
934 (2) pay a fee determined by the [
935 63J-1-504 to help offset the costs of implementing this [
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 [
939
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 [
944 (1) (a) The [
945 [
946 (b) The [
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 [
950
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 [
954 Section 35. Section 35A-13-608, which is renumbered from Section 53A-26a-304 is
955 renumbered and amended to read:
956 [
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 [
962 upon recommendations from the advisory board.
963 (2) If the renewal cycle is extended or shortened under Section [
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 [
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 [
975 part as a part of the individual's service or employment with that federal agency, if the [
976 individual holds a valid certificate or license to provide interpreter services issued by [
977
978 (b) a student engaged in providing interpreter services while in training in a recognized
979 school approved by the [
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 [
984 supervision of a qualified [
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 [
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[
996 group, [
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 [
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 [
1005
1006 permanent or temporary certification of [
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 [
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 [
1023 Disciplinary proceedings.
1024 (1) The [
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 [
1028 (2) The [
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 [
1032 (a) the applicant or certified interpreter has engaged in unprofessional conduct as
1033 defined in this [
1034 (b) the applicant or certified interpreter has engaged in unlawful conduct as defined in
1035 this [
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 [
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 [
1046 (4) The [
1047 (a) to a certified interpreter or applicant who [
1048 discipline under Subsection (1);
1049 (b) to [
1050 individual is engaged in the profession of a certified interpreter; and
1051 (c) to [
1052
1053 Section 38. Section 35A-13-611, which is renumbered from Section 53A-26a-501 is
1054 renumbered and amended to read:
1055 [
1056 "Unlawful conduct" means conduct by [
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 [
1060 individual is:
1061 (a) not certified to do so [
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 [
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 [
1071 profession of a certified interpreter to be used by another individual, except as permitted by
1072 law; or
1073 (5) applying for [
1074 or otherwise dealing with the [
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 [
1079 "Unprofessional conduct" means conduct by a certified interpreter that is defined as
1080 unprofessional conduct under this [
1081 part and includes:
1082 (1) violating, or aiding or abetting [
1083 violating, any provision of this [
1084 regulating certified interpreters;
1085 (2) violating, or aiding or abetting [
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 [
1089 through conduct connected with a certified interpreter's practice under this [
1090 Section 40. Section 35A-13-613, which is renumbered from Section 53A-26a-503 is
1091 renumbered and amended to read:
1092 [
1093 [
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 [
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) [
1156
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 [
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 [
1168 (i) shall provide vision screening report forms to a person approved by the [
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 [
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 [
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 [
1193 (iii) is directly supervised by an individual described in Subsection (6)(a)(i) or (ii).
1194 (b) The [
1195 (i) provide vision screening training to a volunteer seeking a certificate described in
1196 Subsection (6)(b)(ii), using curriculum established by the [
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 [
1228 charts necessary for conducting vision screening.
1229 (9) The [
1230 this chapter.
1231 Section 44. Section 53A-24-601 is enacted to read:
1232
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 [
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 [
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 [
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 [
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 [
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 [
1428 in a public office building shall first attempt in good faith to make an agreement with the
1429 [
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 [
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 [
1441 Section 55-5-7, the governmental agency in charge of the building shall consider allowing the
1442 [
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 [
1445 its request.
1446 Section 50. Section 55-5a-2 is amended to read:
1447 55-5a-2. Definitions.
1448 As used in this [
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 [
1454 [
1455 packing, other than supervision, administration, inspection [
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[
1462 or otherwise dispose of goods, articles, or products to the public in this state [
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 [
1466 (2) A person, group of persons, or organization may not conduct or engage in any
1467 business [
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 [
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 [
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 [
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 [
1493 one[
1494 (i) sale of products manufactured by the blind[
1495 (ii) sale of blind-made products by the blind[
1496 (iii) sale by the blind of products not made by the blind.
1497 (e) No permit shall be issued by the [
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 [
1503 shown.
1504 (3) No political subdivision of this state shall issue [
1505 [
1506 license or permit has first obtained a valid permit issued by the [
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 [
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. [
1513 (2) Notwithstanding Subsection (1), the office may issue permits without
1514 investigation[
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 [
1518 (3) Anyone denied a permit may appeal the decision of the [
1519
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 [
1541 (b) the director of family health services programs, appointed under Section 26-10-3,
1542 or [
1543 (c) the [
1544 35A-1-202, or [
1545 (d) the state director of special education, or [
1546 (e) the director of the Division of Health Care Financing within the Department of
1547 Health, or [
1548 (f) the director of the Division of Substance Abuse and Mental Health within the
1549 Department of Human Services, or [
1550 (g) the superintendent of Schools for the Deaf and the Blind, or [
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 [
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) [
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 [
1663
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 [
1777 35A, Chapter [
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 [
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 [
1830
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 [
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 [
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 [
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.