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7 LONG TITLE
8 General Description:
9 This bill modifies the State Office of Rehabilitation Act and related provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ moves the Utah State Office of Rehabilitation from the State Board of Education to
13 the Department of Workforce Services;
14 ▸ modifies provisions related to the Governor's Committee on Employment of People
15 with Disabilities, including that the governor appoint certain members of the
16 committee;
17 ▸ describes duties of the Utah State Office of Rehabilitation that may not be delegated
18 to other state government entities;
19 ▸ modifies provisions related to certified interpreters;
20 ▸ modifies references to individuals who are hard of hearing;
21 ▸ requires the Department of Workforce Services and the Utah State Office of
22 Rehabilitation to create a written transition plan;
23 ▸ creates an Office of Rehabilitation Transition Restricted Account; and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
26 This bill appropriates:
27 ▸ To the Department of Workforce Services -- Utah State Office of Rehabilitation, as
28 an ongoing appropriation:
29 • from General Fund Restricted -- Office of Rehabilitation Transition Restricted
30 Account, $26,385,100;
31 • from Federal Funds, $62,656,000;
32 • from Dedicated Credits Revenue, $985,600.
33 ▸ To State Board of Education -- Utah State Office of Rehabilitation, as a one-time
34 appropriation:
35 • from General Fund Restricted -- Office of Rehabilitation Transition Restricted
36 Account, $26,385,100.
37 ▸ To General Fund Restricted -- Office of Rehabilitation Transition Restricted
38 Account, as a one-time appropriation:
39 • from General Fund, $21,385,100;
40 • from Beginning Nonlapsing Appropriation Balances, $5,000,000.
41 Other Special Clauses:
42 This bill provides a special effective date.
43 Utah Code Sections Affected:
44 AMENDS:
45 20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
46 34A-2-413.5, as enacted by Laws of Utah 2014, Chapter 286
47 35A-1-202, as last amended by Laws of Utah 2012, Chapter 212
48 35A-1-206, as last amended by Laws of Utah 2014, Chapters 371 and 387
49 53A-1-403.5, as last amended by Laws of Utah 2012, Chapter 23
50 53A-1a-501.7, as last amended by Laws of Utah 2008, Chapter 319
51 53A-11-203, as last amended by Laws of Utah 2015, Chapter 126
52 54-8b-10, as last amended by Laws of Utah 2012, Chapter 347
53 55-5-2, as last amended by Laws of Utah 2011, Chapter 297
54 55-5-7, as last amended by Laws of Utah 1997, Chapter 10
55 55-5-8, as last amended by Laws of Utah 1996, Chapter 37
56 55-5a-2, as last amended by Laws of Utah 1996, Chapter 37
57 55-5a-3, as last amended by Laws of Utah 1996, Chapter 37
58 55-5a-4, as last amended by Laws of Utah 1979, Chapter 191
59 55-5a-5, as last amended by Laws of Utah 1979, Chapter 191
60 62A-5a-102, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
61 62A-5a-103, as last amended by Laws of Utah 2010, Chapter 286
62 62A-5a-105, as last amended by Laws of Utah 1996, Chapter 179
63 63B-19-201, as enacted by Laws of Utah 2010, Chapter 100
64 63G-6a-805, as last amended by Laws of Utah 2013, Chapter 445
65 63I-2-253, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
66 63J-1-601, as last amended by Laws of Utah 2015, Chapter 239
67 63J-1-602.3, as last amended by Laws of Utah 2014, Chapters 189 and 304
68 78B-1-203, as renumbered and amended by Laws of Utah 2008, Chapter 3
69 78B-1-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
70 78B-1-208, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 ENACTS:
72 35A-13-201, Utah Code Annotated 1953
73 35A-13-301, Utah Code Annotated 1953
74 35A-13-401, Utah Code Annotated 1953
75 35A-13-402, Utah Code Annotated 1953
76 35A-13-501, Utah Code Annotated 1953
77 35A-13-502, Utah Code Annotated 1953
78 53A-24-601, Utah Code Annotated 1953
79 53A-24-602, Utah Code Annotated 1953
80 RENUMBERS AND AMENDS:
81 35A-13-101, (Renumbered from 53A-24-101, as repealed and reenacted by Laws of
82 Utah 1988, Chapter 83)
83 35A-13-102, (Renumbered from 53A-24-102, as last amended by Laws of Utah 2001,
84 First Special Session, Chapter 5)
85 35A-13-103, (Renumbered from 53A-24-103, as last amended by Laws of Utah 2001,
86 First Special Session, Chapter 5)
87 35A-13-104, (Renumbered from 53A-24-104, as repealed and reenacted by Laws of
88 Utah 1988, Chapter 83)
89 35A-13-105, (Renumbered from 53A-24-106, as repealed and reenacted by Laws of
90 Utah 1988, Chapter 83)
91 35A-13-106, (Renumbered from 53A-24-107, as repealed and reenacted by Laws of
92 Utah 1988, Chapter 83)
93 35A-13-107, (Renumbered from 53A-24-108, as repealed and reenacted by Laws of
94 Utah 1988, Chapter 83)
95 35A-13-108, (Renumbered from 53A-24-109, as last amended by Laws of Utah 1996,
96 Chapter 37)
97 35A-13-109, (Renumbered from 53A-24-110, as last amended by Laws of Utah 1996,
98 Chapter 37)
99 35A-13-202, (Renumbered from 53A-24-105, as last amended by Laws of Utah 2011,
100 Chapter 303)
101 35A-13-203, (Renumbered from 53A-24-106.5, as enacted by Laws of Utah 2011,
102 Chapter 169)
103 35A-13-302, (Renumbered from 53A-24-114, as last amended by Laws of Utah 2008,
104 Chapter 382)
105 35A-13-303, (Renumbered from 53A-24-205, as last amended by Laws of Utah 1996,
106 Chapter 37)
107 35A-13-403, (Renumbered from 53A-24-304, as last amended by Laws of Utah 1996,
108 Chapter 37)
109 35A-13-404, (Renumbered from 53A-24-305, as last amended by Laws of Utah 1996,
110 Chapter 37)
111 35A-13-503, (Renumbered from 53A-24-404, as last amended by Laws of Utah 1990,
112 Chapter 78)
113 35A-13-504, (Renumbered from 53A-24-405, as last amended by Laws of Utah 1990,
114 Chapter 78)
115 35A-13-601, (Renumbered from 53A-26a-101, as enacted by Laws of Utah 1994,
116 Chapter 306)
117 35A-13-602, (Renumbered from 53A-26a-102, as last amended by Laws of Utah 2013,
118 Chapter 385)
119 35A-13-603, (Renumbered from 53A-26a-201, as enacted by Laws of Utah 1994,
120 Chapter 306)
121 35A-13-604, (Renumbered from 53A-26a-202, as enacted by Laws of Utah 1994,
122 Chapter 306)
123 35A-13-605, (Renumbered from 53A-26a-301, as last amended by Laws of Utah 2013,
124 Chapter 385)
125 35A-13-606, (Renumbered from 53A-26a-302, as last amended by Laws of Utah 2009,
126 Chapter 183)
127 35A-13-607, (Renumbered from 53A-26a-303, as enacted by Laws of Utah 1994,
128 Chapter 306)
129 35A-13-608, (Renumbered from 53A-26a-304, as enacted by Laws of Utah 1994,
130 Chapter 306)
131 35A-13-609, (Renumbered from 53A-26a-305, as last amended by Laws of Utah 2013,
132 Chapter 385)
133 35A-13-610, (Renumbered from 53A-26a-401, as enacted by Laws of Utah 1994,
134 Chapter 306)
135 35A-13-611, (Renumbered from 53A-26a-501, as enacted by Laws of Utah 1994,
136 Chapter 306)
137 35A-13-612, (Renumbered from 53A-26a-502, as enacted by Laws of Utah 1994,
138 Chapter 306)
139 35A-13-613, (Renumbered from 53A-26a-503, as enacted by Laws of Utah 1994,
140 Chapter 306)
141 REPEALS:
142 53A-15-205, as last amended by Laws of Utah 2013, Chapter 167
143 53A-24-110.5, as last amended by Laws of Utah 1998, Chapter 403
144 53A-24-110.7, as last amended by Laws of Utah 2001, Chapter 328
145 53A-24-201, as enacted by Laws of Utah 1988, Chapter 83
146 53A-24-202, as enacted by Laws of Utah 1988, Chapter 83
147 53A-24-203, as enacted by Laws of Utah 1988, Chapter 83
148 53A-24-204, as last amended by Laws of Utah 1996, Chapter 37
149 53A-24-301, as last amended by Laws of Utah 1996, Chapter 37
150 53A-24-302, as last amended by Laws of Utah 1996, Chapter 37
151 53A-24-303, as last amended by Laws of Utah 1996, Chapter 37
152 53A-24-401, as enacted by Laws of Utah 1988, Chapter 83
153 53A-24-402, as last amended by Laws of Utah 1990, Chapter 78
154 53A-24-403, as last amended by Laws of Utah 1990, Chapter 78
155 53A-24-501, as enacted by Laws of Utah 1988, Chapter 83
156 53A-24-502, as last amended by Laws of Utah 1993, Chapter 4
157 53A-24-503, as last amended by Laws of Utah 1993, Chapter 4
158
159 Be it enacted by the Legislature of the state of Utah:
160 Section 1. Section 20A-14-103 is amended to read:
161 20A-14-103. State Board of Education members -- When elected -- Qualifications
162 -- Avoiding conflicts of interest.
163 (1) (a) Unless otherwise provided by law, each State Board of Education member
164 elected from a State Board of Education District at the 2010 general election shall:
165 (i) serve out the term of office for which that member was elected; and
166 (ii) represent the realigned district if the member resides in that district.
167 (b) At the general election to be held in 2012, a State Board of Education member
168 elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
169 to serve a term of office of four years.
170 (c) In order to ensure that the terms of approximately half of the State Board of
171 Education members expire every two years:
172 (i) at the general election to be held in 2012, the State Board of Education member
173 elected from State Board of Education District 1 shall be elected to serve a term of office of
174 two years; and
175 (ii) at the general election to be held in 2014, the State Board of Education member
176 elected from State Board of Education District 1 shall be elected to serve a term of office of
177 four years.
178 (2) (a) A person seeking election to the State Board of Education shall have been a
179 resident of the State Board of Education district in which the person is seeking election for at
180 least one year as of the date of the election.
181 (b) A person who has resided within the State Board of Education district, as the
182 boundaries of the district exist on the date of the election, for one year immediately preceding
183 the date of the election shall be considered to have met the requirements of this Subsection (2).
184 (3) A State Board of Education member shall:
185 (a) be and remain a registered voter in the State Board of Education district from which
186 the member was elected or appointed; and
187 (b) maintain the member's primary residence within the State Board of Education
188 district from which the member was elected or appointed during the member's term of office.
189 (4) A State Board of Education member may not, during the member's term of office,
190 also serve as an employee of:
191 (a) the State Board of Education; or
192 (b) the Utah State Office of Education[
193 [
194 Section 2. Section 34A-2-413.5 is amended to read:
195 34A-2-413.5. Injured worker reemployment.
196 (1) As used in this section:
197 (a) (i) "Gainful employment" means employment that:
198 (A) is reasonably attainable in view of an industrial injury or occupational disease; and
199 (B) offers to an injured worker, as reasonably feasible, an opportunity for earnings.
200 (ii) Factors considered in determining gainful employment include an injured worker's:
201 (A) education;
202 (B) experience; and
203 (C) physical and mental impairment and condition.
204 (b) "Initial written report" means a report described in Subsection (5).
205 (c) "Injured worker" means an employee who sustains an industrial injury or
206 occupational disease for which benefits are provided under this chapter or Chapter 3, Utah
207 Occupational Disease Act.
208 (d) "Injured worker with a disability" means an injured worker who:
209 (i) because of the injury or disease that is the basis of the employee being an injured
210 worker:
211 (A) is or will be unable to return to work in the injured worker's usual and customary
212 occupation; or
213 (B) is unable to perform work for which the injured worker has previous training and
214 experience; and
215 (ii) reasonably can be expected to attain gainful employment after an evaluation
216 provided for in accordance with this section.
217 (e) "Parties" means:
218 (i) an injured worker with a disability;
219 (ii) the employer of the injured worker with a disability;
220 (iii) the employer's workers' compensation insurance carrier; and
221 (iv) a rehabilitation or reemployment professional for the employer or the employer's
222 workers' compensation insurance carrier.
223 (f) "Reemployment plan" means a written:
224 (i) description or rationale for the manner and means by which it is proposed an injured
225 worker with a disability may return to gainful employment; and
226 (ii) definition of the voluntary responsibilities of:
227 (A) the injured worker with a disability;
228 (B) the employer; and
229 (C) one or more other parties involved with the implementation of the reemployment
230 plan.
231 (2) (a) This section applies only to an industrial injury or occupational disease that
232 occurs on or after July 1, 1990.
233 (b) This section is intended to promote and monitor the state's and the employer's
234 capacity to assist the injured worker in returning to the workforce by evaluating the
235 effectiveness of the voluntary efforts of employers under this section.
236 (3) This section does not affect the duties of the Utah State Office of Rehabilitation
237 created in Section 35A-1-202.
238 (4) The commission may provide for the administration of this section by rule in
239 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
240 (5) An employer or the employer's workers' compensation insurance carrier may
241 voluntarily prepare an initial written report assessing an injured worker's need or lack of need
242 for vocational assistance in reemployment if:
243 (a) it appears that the injured worker is or will be an injured worker with a disability; or
244 (b) the period of the injured worker's temporary total disability compensation period
245 exceeds 90 days.
246 (6) (a) Subject to Subsection (6)(b), an employer or the employer's workers'
247 compensation insurance carrier may serve the initial written report, if one has been prepared,
248 on the injured worker.
249 (b) If an employer or the employer's workers' compensation insurance carrier serves an
250 initial written report on an injured worker, the employer or the employer's workers'
251 compensation insurance carrier shall comply with Subsection (6)(a) by no later than 30 days
252 after the earlier of the day on which:
253 (i) it appears that the injured worker is or will be an injured worker with a disability; or
254 (ii) the 90-day period described in Subsection (5)(b) ends.
255 (7) With the initial written report, if one is prepared and used in the determination
256 process, an employer or the employer's workers' compensation insurance carrier shall provide
257 an injured worker information regarding reemployment.
258 (8) Subject to the other provisions of this section, if an injured worker is an injured
259 worker with a disability, the employer or the employer's workers' compensation insurance
260 carrier may, within 10 days after the day on which the employer or workers' compensation
261 insurance carrier serves the initial written report on the injured worker, refer the injured worker
262 with a disability to:
263 (a) the Utah State Office of Rehabilitation; or
264 (b) at the employer's or workers' compensation insurance carrier's option, a private
265 rehabilitation or reemployment service.
266 (9) An employer or the employer's workers' compensation insurance carrier shall make
267 the referral required by Subsection (8) for the purpose of:
268 (a) providing an evaluation; and
269 (b) developing a reemployment plan.
270 (10) The objective of reemployment is to return an injured worker with a disability to
271 gainful employment in the following order of employment priority:
272 (a) same job, same employer;
273 (b) modified job, same employer;
274 (c) same job, new employer;
275 (d) modified job, new employer;
276 (e) new job, new employer; or
277 (f) retraining in a new occupation.
278 (11) Nothing in this section or its application is intended to:
279 (a) modify or in any way affect an existing employee-employer relationship; or
280 (b) provide an employee with a guarantee or right to employment or continued
281 employment with an employer.
282 (12) A rehabilitation counselor to whom a referral is made under Subsection (8) shall
283 have the same or comparable qualifications as those established by the Utah State Office of
284 Rehabilitation for personnel assigned to rehabilitation and evaluation duties.
285 Section 3. Section 35A-1-202 is amended to read:
286 35A-1-202. Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
287 Child Care Advisory Committee, and economic service areas.
288 (1) There is created within the department the following divisions:
289 (a) the Employment Development Division to administer the development and
290 implementation of employment assistance programs that are:
291 (i) related to the operations of the department; and
292 (ii) consistent with federal and state law;
293 (b) to administer those services that are not delivered through the economic service
294 areas:
295 (i) the Workforce Development and Information Division; and
296 (ii) the Unemployment Insurance Division;
297 (c) the Division of Adjudication to adjudicate claims or actions in accordance with this
298 title; [
299 (d) the Housing and Community Development Division, which is described in Sections
300 35A-8-201 and 35A-8-202[
301 (e) the Utah State Office of Rehabilitation, which is described in Section 35A-13-103.
302 (2) In addition to the divisions created under Subsection (1), within the department are
303 the following:
304 (a) the Workforce Appeals Board created in Section 35A-1-205;
305 (b) the State Council on Workforce Services created in Section 35A-1-206;
306 (c) the Employment Advisory Council created in Section 35A-4-502;
307 (d) the Child Care Advisory Committee created in Section 35A-3-205; and
308 (e) the economic service areas created in accordance with Chapter 2, Economic Service
309 Areas.
310 Section 4. Section 35A-1-206 is amended to read:
311 35A-1-206. State Council on Workforce Services -- Appointment -- Membership
312 -- Terms of members -- Compensation.
313 (1) There is created a State Council on Workforce Services that shall:
314 (a) perform the activities described in Subsection (8);
315 (b) advise on issues requested by the department and the Legislature; and
316 (c) make recommendations to the department regarding:
317 (i) the implementation of Chapter 2, Economic Service Areas, Chapter 3, Employment
318 Support Act, and Chapter 5, Training and Workforce Improvement Act; and
319 (ii) the coordination of apprenticeship training.
320 (2) (a) The council shall consist of the following voting members:
321 (i) a private sector representative from each economic service area as designated by the
322 economic service area director;
323 (ii) the superintendent of public instruction or the superintendent's designee;
324 (iii) the commissioner of higher education or the commissioner's designee; and
325 (iv) the following members appointed by the governor in consultation with the
326 executive director:
327 (A) four representatives of small employers as defined by rule by the department;
328 (B) four representatives of large employers as defined by rule by the department;
329 (C) four representatives of employees or employee organizations, including at least one
330 representative from nominees suggested by public employees organizations;
331 (D) two representatives of the clients served under this title including
332 community-based organizations;
333 (E) a representative of veterans in the state;
334 (F) the [
335 (G) the Applied Technology College president.
336 (b) The following shall serve as nonvoting ex officio members of the council:
337 (i) the executive director or the executive director's designee;
338 (ii) a legislator appointed by the governor from nominations of the speaker of the
339 House of Representatives and president of the Senate;
340 (iii) the executive director of the Department of Human Services;
341 (iv) the director of the Governor's Office of Economic Development or the director's
342 designee; and
343 (v) the executive director of the Department of Health.
344 (3) (a) The governor shall appoint one nongovernmental member from the council as
345 the chair of the council.
346 (b) The chair shall serve at the pleasure of the governor.
347 (4) (a) A member appointed by the governor shall serve a term of four years and may
348 be reappointed to one additional term.
349 (b) A member shall continue to serve until the member's successor has been appointed
350 and qualified.
351 (c) Except as provided in Subsection (4)(d), as terms of council members expire, the
352 governor shall appoint each new member or reappointed member to a four-year term.
353 (d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the
354 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
355 council members are staggered so that approximately one half of the council is appointed every
356 two years.
357 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
358 appointed for the unexpired term.
359 (5) A majority of the voting members constitutes a quorum for the transaction of
360 business.
361 (6) (a) A member who is not a legislator may not receive compensation or benefits for
362 the member's service, but may receive per diem and travel expenses as allowed in:
363 (i) Section 63A-3-106;
364 (ii) Section 63A-3-107; and
365 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
366 63A-3-107.
367 (b) Compensation and expenses of a member who is a legislator are governed by
368 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
369 (7) The department shall provide staff and administrative support to the council at the
370 direction of the executive director.
371 (8) The council shall:
372 (a) develop a state workforce services plan in accordance with Section 35A-1-207;
373 (b) review economic service area plans to certify consistency with state policy
374 guidelines;
375 (c) improve the understanding and visibility of state workforce services efforts through
376 external and internal marketing strategies;
377 (d) include in the annual written report described in Section 35A-1-109, information
378 and accomplishments related to the activities of the department;
379 (e) issue other studies, reports, or documents the council considers advisable that are
380 not required under Subsection (8)(d);
381 (f) coordinate the planning and delivery of workforce development services with public
382 education, higher education, vocational rehabilitation, and human services; and
383 (g) perform other responsibilities within the scope of workforce services as requested
384 by:
385 (i) the Legislature;
386 (ii) the governor; or
387 (iii) the executive director.
388 Section 5. Section 35A-13-101, which is renumbered from Section 53A-24-101 is
389 renumbered and amended to read:
390
391
392 [
393 (1) This chapter is known as the "Utah State Office of Rehabilitation Act."
394 (2) This part is known as "General Provisions."
395 Section 6. Section 35A-13-102, which is renumbered from Section 53A-24-102 is
396 renumbered and amended to read:
397 [
398 As used in this chapter:
399 [
400
401 (1) "Blind" means an individual:
402 (a) whose central visual acuity does not exceed 20/200 in the better eye with correcting
403 lenses; or
404 (b) whose visual acuity is accompanied by a limit to the field of vision in the better eye
405 to such a degree that its widest diameter subtends to an angle of no greater than 20 degrees.
406 (2) "Deaf" means an individual with a diagnosed auditory deficit that renders the
407 individual unable to comprehend spoken language through audition only, even with medical
408 intervention or amplification, and that results in functional limitations in one or more areas of
409 daily living.
410 (3) "Director" means the director of the Utah State Office of Rehabilitation.
411 (4) "Disability" means a physical or mental condition which materially limits,
412 contributes to limiting, or, if not corrected, will probably result in materially limiting an
413 individual's activities or functioning.
414 [
415
416
417 (5) "Eligible individual" means an individual determined to be eligible to receive
418 services under laws or rules governing eligibility for the program in question.
419 [
420
421 (6) "Hard of hearing" means an individual with a diagnosed auditory deficit ranging
422 from mild to profound that results in functional limitations in one or more areas of daily living.
423 [
424 reasonably necessary to enable an individual with a severe disability to maintain or increase
425 functional independence.
426 (8) "Office" means the Utah State Office of Rehabilitation created in Section
427 35A-1-202.
428 (9) "Visually impaired" means an individual with a diagnosed impairment of visual
429 function that if not corrected constitutes a material limitation to normal activities or
430 functioning.
431 [
432 [
433 necessary to enable an individual with a disability to obtain and retain employment.
434 Section 7. Section 35A-13-103, which is renumbered from Section 53A-24-103 is
435 renumbered and amended to read:
436 [
437 (1) [
438 Rehabilitation created in Section 35A-1-202 is under the [
439
440 [
441 (2) The [
442 plans for vocational rehabilitation and independent living rehabilitation programs.
443 (3) The office is the sole state unit designated to carry out the state plans and other
444 duties assigned by law or the [
445 (a) determining eligibility for vocational rehabilitation services;
446 (b) providing vocational rehabilitation services to eligible individuals;
447 (c) determining the types and scope of vocational rehabilitation services provided by
448 the office;
449 (d) determining employment outcomes related to vocational rehabilitation services if
450 required; and
451 (e) determining the appropriate uses of federal rehabilitation funding.
452 (4) The office may not delegate the duties described in Subsection (3) to any other state
453 government entity.
454 Section 8. Section 35A-13-104, which is renumbered from Section 53A-24-104 is
455 renumbered and amended to read:
456 [
457 the office.
458 (1) The executive [
459 [
460 (2) The [
461 of the executive [
462 federal laws and regulations.
463 Section 9. Section 35A-13-105, which is renumbered from Section 53A-24-106 is
464 renumbered and amended to read:
465 [
466 independent living rehabilitation services.
467 (1) Public funding of vocational rehabilitation and independent living rehabilitation
468 services provided under this chapter may only be provided to eligible individuals [
469
470 (2) The [
471 services to be provided to eligible individuals under this chapter if the demand for services
472 exceeds available funds.
473 (3) Rights established under this chapter are not transferable or assignable.
474 Section 10. Section 35A-13-106, which is renumbered from Section 53A-24-107 is
475 renumbered and amended to read:
476 [
477 Nondisclosure -- Penalty.
478 (1) Personally identifiable information obtained by the office, its employees, or agents
479 concerning individuals applying for or receiving services under this chapter may not be
480 disclosed without the prior written consent of the individual or the individual's legal
481 representative, except as required for administration of programs or services under this chapter,
482 or as otherwise authorized by law.
483 (2) Unauthorized disclosure of personally identifiable information obtained under this
484 chapter, or use of such information for unauthorized purposes, is a class B misdemeanor.
485 Section 11. Section 35A-13-107, which is renumbered from Section 53A-24-108 is
486 renumbered and amended to read:
487 [
488 appropriation.
489 (1) The [
490 accept and use [
491 out the purposes of this chapter.
492 (2) [
493 finds to be consistent with this chapter may be accepted and used in accordance with the
494 conditions of the gift.
495 (3) [
496 appropriation by the Legislature.
497 Section 12. Section 35A-13-108, which is renumbered from Section 53A-24-109 is
498 renumbered and amended to read:
499 [
500 office.
501 The [
502 with the consent of the executive [
503 [
504 office's employees to enable the office to better serve [
505 and to increase the efficiency and effectiveness of operations.
506 Section 13. Section 35A-13-109, which is renumbered from Section 53A-24-110 is
507 renumbered and amended to read:
508 [
509 In administering this chapter, the office:
510 (1) [
511
512 disabilities [
513 open society as independent and self-supporting individuals[
514 (2) [
515 that [
516 unnecessarily [
517 Section 14. Section 35A-13-201 is enacted to read:
518
519 35A-13-201. Title.
520 This part is known as "Office Responsibilities."
521 Section 15. Section 35A-13-202, which is renumbered from Section 53A-24-105 is
522 renumbered and amended to read:
523 [
524 The office may:
525 (1) apply for, receive, administer, and distribute funds made available through
526 programs of federal [
527 (2) cooperate with federal [
528 programs and program funds;
529 (3) contract or cooperate with public or private entities or individuals;
530 (4) [
531 department, perform any functions or services for the federal or state government that relate to
532 individuals with disabilities;
533 (5) establish subordinate administrative units necessary to increase efficiency and
534 improve the delivery of services to individuals with disabilities;
535 (6) establish and operate community service centers, rehabilitation facilities, and
536 workshops, and make grants to public and nonprofit organizations for those purposes;
537 (7) determine eligibility for, and the nature and scope of, services to be provided under
538 the state plan for vocational rehabilitation or other programs administered by the office;
539 (8) assist individuals with severe disabilities to establish and operate vending machine
540 services and other small businesses, and perform services authorized under Title 55, Chapter 5,
541 Blind Persons Operating Vending Stands - Food Services, and Title 55, Chapter 5a, Blind
542 Products Sales;
543 (9) furnish materials, tools, equipment, initial stocks and supplies, and occupational
544 licenses needed by rehabilitation facilities, workshops, and small businesses established under
545 this chapter, and develop and execute marketing plans for materials produced by those
546 operations;
547 (10) place money received by the office [
548 or services as authorized under this chapter into a fund managed by the office and used to
549 support additional training, production, and sales activities;
550 (11) conduct studies and investigations, give demonstrations and make reports, and
551 provide training and instruction related to the work of the office;
552 (12) establish and maintain research fellowships and traineeships, including necessary
553 stipends and allowances for those receiving training and instruction;
554 (13) institute and supervise programs to encourage the conservation of sight and
555 hearing and assist in overcoming and preventing disabling conditions;
556 (14) provide diagnostic, placement, vocational rehabilitation, training, adjustment, and
557 independent living services; and
558 (15) do all other things necessary to carry out assignments made by law or the [
559 department in assisting and rehabilitating [
560 Section 16. Section 35A-13-203, which is renumbered from Section 53A-24-106.5 is
561 renumbered and amended to read:
562 [
563 services.
564 (1) When providing services to [
565 chapter, the office shall, within funds appropriated by the Legislature and in accordance with
566 the requirements of federal and state law, give priority to providing services that assist the
567 [
568 the [
569 (a) purchase goods and services;
570 (b) establish self-sufficiency; and
571 (c) exercise economic control of the [
572 (2) The office shall develop a written plan to implement the policy described in
573 Subsection (1) that includes:
574 (a) assessing the strengths and needs of [
575 (b) customizing strength-based approaches to obtaining employment;
576 (c) setting expectations, providing appropriate services toward, and recognizing
577 success in:
578 (i) integrated employment in the workplace at competitive wages and benefits; and
579 (ii) self-employment;
580 (d) developing partnerships with potential employers;
581 (e) providing appropriate employment training opportunities;
582 (f) coordinating services with other government agencies and community resources
583 [
584 (g) to the extent possible, eliminating practices and policies that interfere with the
585 policy described in Subsection (1); and
586 (h) arranging for alternative work experience leading to competitive, integrated
587 employment, including work-based training, volunteer work, and internships.
588 (3) The office shall, on an annual basis:
589 (a) set goals to implement the policy described in Subsection (1) and the plan described
590 in Subsection (2);
591 (b) determine whether the goals for the previous year have been met; and
592 (c) modify the plan described in Subsection (2) as needed.
593 Section 17. Section 35A-13-301 is enacted to read:
594
595 35A-13-301. Title.
596 This part is known as the "Governor's Committee on Employment of People with
597 Disabilities."
598 Section 18. Section 35A-13-302, which is renumbered from Section 53A-24-114 is
599 renumbered and amended to read:
600 [
601 People with Disabilities.
602 [
603
604 [
605
606 [
607
608 [
609 [
610 [
611 [
612
613
614 [
615 [
616 [
617 [
618 [
619 [
620 [
621 (1) There is created the Governor's Committee on Employment of People with
622 Disabilities, composed of the following 15 members:
623 (a) the director of the office;
624 (b) the state superintendent of public instruction or the superintendent's designee;
625 (c) the commissioner of higher education or the commissioner's designee;
626 (d) the executive director of the Department of Human Resource Management or the
627 executive director's designee;
628 (e) the executive director of the Department of Human Services or the executive
629 director's designee;
630 (f) the executive director of the Department of Health or the executive director's
631 designee; and
632 (g) the following nine members appointed by the governor:
633 (i) a representative of individuals who are blind or visually impaired;
634 (ii) a representative of individuals who are deaf or hard of hearing;
635 (iii) a representative of individuals who have disabilities;
636 (iv) three representatives of business or industry;
637 (v) a representative experienced in job training and placement;
638 (vi) a representative of veterans; and
639 (vii) a representative experienced in medical, health, or insurance professions.
640 [
641
642 serve four-year terms.
643 (ii) In making the initial appointments to the committee, the [
644 governor shall appoint approximately 1/2 of the members to two-year terms and 1/2 of the
645 members to four-year terms.
646 [
647 qualified.
648 [
649 the committee for any reason by appointing a person according to the procedures of this section
650 for the unexpired term of the vacated member.
651 [
652 (d) The director of the office shall select a chair of the committee from the
653 membership.
654 [
655 business.
656 (3) (a) The committee shall:
657 (i) promote employment opportunities for individuals with disabilities;
658 (ii) serve as the designated state liaison to the President's Committee on Employment
659 of People with Disabilities;
660 (iii) provide training and technical assistance to employers in implementing the
661 Americans with Disabilities Act;
662 (iv) develop and disseminate appropriate information through workshops, meetings,
663 and other requests in response to needs to employers and others regarding employment of
664 individuals with disabilities;
665 (v) establish contacts with various community representatives to identify and resolve
666 barriers to full participation in employment and community life;
667 (vi) formally recognize exemplary contributions in the areas of employment, job
668 placement, training, rehabilitation, support services, medicine, media or public relations, and
669 personal achievements made by individuals with disabilities;
670 (vii) advise, encourage, and motivate individuals with disabilities who are preparing
671 for or seeking employment to reach their full potential as qualified employees;
672 (viii) advocate for policies and practices that promote full and equal rights for
673 individuals with disabilities;
674 (ix) advise the [
675 issues that affect employment and other requests for information on disability issues; and
676 (x) prepare an annual report on the progress, accomplishments, and future goals of the
677 committee and present the report to the [
678 department for inclusion in the department's annual report described in Section 35A-1-109.
679 [
680
681
682 (b) The committee may, by following the procedures and requirements of Title 63J,
683 Chapter 5, Federal Funds Procedures Act, receive and accept federal funds, and may receive
684 and accept state funds, private gifts, donations, and funds from any source to carry out its
685 purposes.
686 (4) The [
687 shall staff the committee.
688 Section 19. Section 35A-13-303, which is renumbered from Section 53A-24-205 is
689 renumbered and amended to read:
690 [
691 (1) The [
692 rehabilitation advisory council to advise the [
693 and the department concerning the [
694 [
695 (2) A majority of the membership of the advisory council shall consist of individuals
696 with disabilities.
697 [
698
699 (3) A member of the council may not receive compensation or benefits for the
700 member's service, but may receive per diem and travel expenses in accordance with:
701 (a) Section 63A-3-106;
702 (b) Section 63A-3-107; and
703 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
704 63A-3-107.
705 Section 20. Section 35A-13-401 is enacted to read:
706
707 35A-13-401. General Provisions.
708 (1) This part is known as "Services for the Blind and Visually Impaired."
709 (2) For the purposes of this part:
710 (a) "Assistant director" means the assistant director of the division.
711 (b) "Division" means the program called the Division of Services for the Blind and
712 Visually Impaired created in Section 35A-13-402.
713 Section 21. Section 35A-13-402 is enacted to read:
714 35A-13-402. The Division of Services for the Blind and Visually Impaired.
715 (1) There is created as a program within the office the Division of Services for the
716 Blind and Visually Impaired.
717 (2) The director, with the approval of the executive director and after consultation with
718 members of the community to be served by the division, shall appoint an assistant director to
719 administer the services provided by the division.
720 (3) The assistant director shall administer the division in accordance with:
721 (a) the direction of the director and the executive director; and
722 (b) applicable state and federal laws and regulations.
723 Section 22. Section 35A-13-403, which is renumbered from Section 53A-24-304 is
724 renumbered and amended to read:
725 [
726 [
727 (1) provide:
728 (a) a business enterprise program;
729 (b) [
730 (c) vocational rehabilitation, training and adjustment, sight conservation, prevention of
731 blindness, low vision lens, and recreational services [
732
733 (2) assist public education officials in the discharge of their duties towards children
734 who are blind or have visual impairments, and perform services related to vision screening
735 under Section 53A-11-203;
736 (3) maintain a register of individuals who are blind or have visual impairments,
737 including such facts as the [
738 administration, and operations, but protecting against unwarranted invasions of privacy;
739 (4) establish and operate community service centers, rehabilitation facilities, and
740 workshops; and
741 (5) perform other duties assigned by the director or the executive director [
742
743 Section 23. Section 35A-13-404, which is renumbered from Section 53A-24-305 is
744 renumbered and amended to read:
745 [
746 (1) The [
747 the [
748 matters relating to the needs of and provision of services to individuals who are blind or have
749 visual impairments [
750 (2) At least [
751 are blind or have visual impairments.
752 [
753
754 (3) A member of the council may not receive compensation or benefits for the
755 member's service, but may receive per diem and travel expenses in accordance with:
756 (a) Section 63A-3-106;
757 (b) Section 63A-3-107; and
758 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
759 63A-3-107.
760 Section 24. Section 35A-13-501 is enacted to read:
761
762 35A-13-501. General provisions.
763 (1) This part is known as "Services for the Deaf and Hard of Hearing."
764 (2) For the purposes of this part:
765 (a) "Assistant director" means the assistant director of the division.
766 (b) "Division" means the program called the Division of Services for the Deaf and
767 Hard of Hearing created in Section 35A-13-502.
768 Section 25. Section 35A-13-502 is enacted to read:
769 35A-13-502. The Division of Services for the Deaf and Hard of Hearing.
770 (1) There is created as a program within the office the Division of Services for the Deaf
771 and Hard of Hearing.
772 (2) The director, with the approval of the executive director and after consultation with
773 members of the community to be served by the division, shall appoint an assistant director to
774 administer the services provided by the division.
775 (3) The assistant director shall administer the division in accordance with:
776 (a) the direction of the director and the executive director; and
777 (b) applicable state and federal laws and regulations.
778 Section 26. Section 35A-13-503, which is renumbered from Section 53A-24-404 is
779 renumbered and amended to read:
780 [
781 [
782 (1) provide training and adjustment services for adults [
783 are deaf or hard of hearing;
784 (2) assist public education officials in the discharge of their duties towards children
785 [
786 (3) maintain a register of qualified interpreters;
787 (4) provide training in the use of telecommunication devices for the deaf, and install
788 and maintain those devices;
789 (5) operate community centers for individuals [
790 or hard of hearing; and
791 (6) perform other duties assigned by the director or the executive director [
792
793 Section 27. Section 35A-13-504, which is renumbered from Section 53A-24-405 is
794 renumbered and amended to read:
795 [
796 (1) The [
797 the [
798 matters relating to the needs of and provision of services to individuals [
799
800 (2) At least [
801 [
802 [
803
804 (3) A member of the council may not receive compensation or benefits for the
805 member's service, but may receive per diem and travel expenses in accordance with:
806 (a) Section 63A-3-106;
807 (b) Section 63A-3-107; and
808 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
809 63A-3-107.
810 Section 28. Section 35A-13-601, which is renumbered from Section 53A-26a-101 is
811 renumbered and amended to read:
812
813 [
814 (1) This [
815
816 (2) All rules made under this part shall be made in accordance with Title 63G, Chapter
817 3, Utah Administrative Rulemaking Act.
818 Section 29. Section 35A-13-602, which is renumbered from Section 53A-26a-102 is
819 renumbered and amended to read:
820 [
821 As used in this [
822 (1) "Advisory board" or "board" means the Interpreters Certification Board created in
823 Section [
824 (2) "Assistant director" means the assistant director who administers the program
825 called the Division of Services for the Deaf and Hard of Hearing created in Section
826 35A-13-502.
827 [
828 meeting the certification requirements of this [
829 [
830 [
831 [
832
833 (4) "Interpreter services" means services that facilitate effective communication
834 between a hearing [
835
836 language system or code that is modeled after American Sign Language, in whole or in part, or
837 is in any way derived from American Sign Language.
838 Section 30. Section 35A-13-603, which is renumbered from Section 53A-26a-201 is
839 renumbered and amended to read:
840 [
841 (1) There is created to assist the [
842 Interpreters Certification Board consisting of the following 11 members:
843 (a) a designee of the assistant director [
844
845 (b) a designee of the State Board of Regents;
846 (c) a designee of the State Board of Education;
847 (d) four professional interpreters, recommended by the assistant director [
848 and
849 (e) four [
850 hearing, recommended by the assistant director [
851 (2) (a) The [
852 board.
853 (b) In making [
854
855
856 community.
857 (3) (a) Board members shall serve three-year terms, except that for the initial terms of
858 board members, three shall serve one-year terms, four shall serve two-year terms, and four shall
859 serve three-year terms.
860 (b) [
861 terms.
862 (c) If a vacancy occurs on the board for [
863 a term, the [
864 the term [
865 (4) The [
866 cause, which [
867 (5) The board shall [
868 members.
869 (6) The board shall meet as often as necessary to accomplish the purposes of this
870 [
871 [
872
873 (7) A member of the board may not receive compensation or benefits for the member's
874 service, but may receive travel expenses in accordance with:
875 (a) Section 63A-3-107; and
876 (b) rules made by the Division of Finance in accordance with Section 63A-3-107.
877 Section 31. Section 35A-13-604, which is renumbered from Section 53A-26a-202 is
878 renumbered and amended to read:
879 [
880 (1) The board shall function as an advisory board to the [
881 director and under the director's direction [
882 following duties concerning the certification of interpreters:
883 [
884 (a) make recommendations to the director regarding:
885 (i) appropriate rules;
886 [
887 (ii) policy and budgetary matters;
888 [
889 (iii) the appropriate passing score for applicant examinations; and
890 (iv) standards of supervision for individuals in training to become certified interpreters;
891 [
892 recommendations to the director regarding certification, renewal, reinstatement, and
893 recertification actions [
894 [
895
896 [
897 proceedings and in issuing recommended orders [
898
899 (2) The [
900 the advisory board, shall:
901 (a) prescribe certification qualifications;
902 (b) prescribe rules governing applications for certification;
903 (c) provide for a fair and impartial method [
904 (d) define unprofessional conduct, by rule, to supplement the definition under this
905 [
906 (e) establish conditions for reinstatement and renewal of certification.
907 (3) (a) The advisory board shall designate one of its members on a permanent or
908 rotating basis to:
909 (i) assist the [
910 unprofessional conduct of a certified interpreter; and
911 (ii) advise the [
912 complaints.
913 (b) An advisory board member who has, under Subsection (3)(a), reviewed or
914 investigated a complaint [
915 the advisory board [
916 proceeding concerning the complaint.
917 Section 32. Section 35A-13-605, which is renumbered from Section 53A-26a-301 is
918 renumbered and amended to read:
919 [
920 (1) Except as specifically provided in Section [
921 individual is required to be certified as a certified interpreter if that individual provides
922 interpreter services and a state or federal law requires the interpreter to be certified or qualified.
923 (2) The [
924 individual who qualifies under this chapter in classifications determined by the [
925 based upon recommendations from the advisory board.
926 Section 33. Section 35A-13-606, which is renumbered from Section 53A-26a-302 is
927 renumbered and amended to read:
928 [
929 Each applicant for certification under this [
930 (1) submit an application in a form prescribed by the [
931 director;
932 (2) pay a fee determined by the [
933 63J-1-504 to help offset the costs of implementing this [
934 examinations for certification and for the issuance of certificates;
935 (3) be of good moral character; and
936 (4) comply with any other qualifications for certification established by the [
937
938 Subsection 35A-13-604(2).
939 Section 34. Section 35A-13-607, which is renumbered from Section 53A-26a-303 is
940 renumbered and amended to read:
941 [
942 (1) (a) The [
943 [
944 (b) The [
945 cycle by as much as one year to stagger the renewal cycles it administers.
946 (2) At the time of renewal, the certified interpreter must show satisfactory evidence of
947 compliance with renewal conditions established by the [
948
949 (3) Each certificate automatically expires on the expiration date shown on the
950 certificate unless the certified interpreter renews it in accordance with the conditions prescribed
951 by the [
952 Section 35. Section 35A-13-608, which is renumbered from Section 53A-26a-304 is
953 renumbered and amended to read:
954 [
955 (1) (a) As a condition for renewal of certification, each certified interpreter shall,
956 during each three-year certification cycle or other cycle defined by rule, complete a number of
957 hours of qualified continuing professional education in accordance with standards defined by
958 rule.
959 (b) The [
960 upon recommendations from the advisory board.
961 (2) If the renewal cycle is extended or shortened under Section [
962 35A-13-607, the continuing education hours determined for renewal under Subsection (1) shall
963 be increased or decreased proportionately.
964 Section 36. Section 35A-13-609, which is renumbered from Section 53A-26a-305 is
965 renumbered and amended to read:
966 [
967 restricted certification.
968 (1) The following individuals may engage in the practice of a certified interpreter,
969 subject to the stated circumstances and limitations, without being certified under this chapter:
970 (a) an individual serving in or employed by the Armed Forces of the United States, the
971 United States Public Health Service, the United States Department of Veterans Affairs, or other
972 federal [
973 part as a part of the individual's service or employment with that federal agency, if the [
974 individual holds a valid certificate or license to provide interpreter services issued by [
975
976 (b) a student engaged in providing interpreter services while in training in a recognized
977 school approved by the [
978 are supervised by qualified faculty, staff, or a designee, and the services are a defined part of
979 the training program;
980 (c) an individual engaged in an internship, residency, apprenticeship, or on-the-job
981 training program approved by the [
982 supervision of a qualified [
983 (d) an individual residing in another state and certified or licensed to provide
984 interpreter services in that state, who is called in for a consultation by an individual certified to
985 provide interpreter services in this state, and the services provided are limited to that
986 consultation;
987 (e) an individual who is invited by a recognized school, association, or other body
988 approved by the [
989 demonstration on interpreter services, if the individual does not establish a place of business or
990 regularly engage in the practice of providing interpreter services in this state;
991 (f) an individual licensed in another state or country who is in this state temporarily to
992 attend to the needs of an athletic team or group, except that the individual may only attend to
993 the needs of the team or group[
994 group, [
995 (g) an individual who is providing interpreter services for a religious entity, to the
996 extent that the religious entity is specifically exempted from liability under federal law.
997 (2) (a) An individual temporarily in this state who is exempted from certification under
998 Subsection (1) shall comply with each requirement of the jurisdiction from which the
999 individual derives authority to [
1000 (b) Violation of any limitation imposed by this section is grounds for removal of
1001 exempt status, denial of certification, or another disciplinary proceeding.
1002 (3) (a) Upon the declaration of a national, state, or local emergency, the [
1003
1004 permanent or temporary certification of [
1005 another state.
1006 (b) Individuals exempt under Subsection (3)(a) shall be exempt from certification for
1007 the duration of the emergency while engaged in providing interpreter services for which they
1008 are certified or licensed in the other state.
1009 (4) The [
1010 may adopt rules for the issuance of temporary or restricted certifications if their issuance is
1011 necessary to or justified by:
1012 (a) a lack of necessary available interpretive services in any area or community of the
1013 state, if the lack of services might be reasonably considered to materially jeopardize
1014 compliance with state or federal law; or
1015 (b) a need to first observe an applicant for certification in a monitored or supervised
1016 practice of providing interpretive services before a decision is made by the board either to grant
1017 or deny the applicant a regular certification.
1018 Section 37. Section 35A-13-610, which is renumbered from Section 53A-26a-401 is
1019 renumbered and amended to read:
1020 [
1021 Disciplinary proceedings.
1022 (1) The [
1023 applicant and shall refuse to renew or shall revoke, suspend, restrict, place on probation, or
1024 otherwise act upon the certificate of a certified interpreter who does not meet the qualifications
1025 for certification under this [
1026 (2) The [
1027 applicant, refuse to renew a certificate, revoke, suspend, restrict, or place on probation the
1028 certificate of a certified interpreter, issue a public or private reprimand to a certified interpreter,
1029 and issue a cease and desist order in any of the following [
1030 (a) the applicant or certified interpreter has engaged in unprofessional conduct as
1031 defined in this [
1032 (b) the applicant or certified interpreter has engaged in unlawful conduct as defined in
1033 this [
1034 (c) the applicant or certified interpreter has been determined to be mentally
1035 incompetent for any reason by a court of competent jurisdiction; or
1036 (d) the applicant or certified interpreter is unable to provide interpretive services with
1037 reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
1038 chemicals, or any other type of material, or as a result of any other mental or physical
1039 condition, when the individual's condition demonstrates a threat or potential threat to [
1040 public health, safety, or welfare.
1041 (3) An individual whose certificate has been suspended, revoked, or restricted under
1042 Subsection (1) may apply for reinstatement at reasonable intervals and upon compliance with
1043 conditions imposed by the [
1044 (4) The [
1045 (a) to a certified interpreter or applicant who [
1046 discipline under Subsection (1);
1047 (b) to [
1048 individual is engaged in the profession of a certified interpreter; and
1049 (c) to [
1050
1051 Section 38. Section 35A-13-611, which is renumbered from Section 53A-26a-501 is
1052 renumbered and amended to read:
1053 [
1054 "Unlawful conduct" means conduct by [
1055 unlawful under this part and includes:
1056 (1) practicing or engaging in, representing oneself to be practicing or engaging in, or
1057 attempting to practice or engage in the profession of a certified interpreter if the [
1058 individual is:
1059 (a) not certified to do so [
1060 or
1061 (b) restricted from doing so by a restricted, suspended, revoked, temporary,
1062 probationary, or inactive certification;
1063 (2) impersonating another certified interpreter or practicing as a certified interpreter
1064 under a false or assumed name, except as permitted by law;
1065 (3) knowingly employing [
1066 attempt to practice or engage in the profession of a certified interpreter, if the employee is not
1067 certified to do so under this chapter;
1068 (4) knowingly permitting the [
1069 profession of a certified interpreter to be used by another individual, except as permitted by
1070 law; or
1071 (5) applying for [
1072 or otherwise dealing with the [
1073 forgery, or intentional deception, misrepresentation, misstatement, or omission.
1074 Section 39. Section 35A-13-612, which is renumbered from Section 53A-26a-502 is
1075 renumbered and amended to read:
1076 [
1077 "Unprofessional conduct" means conduct by a certified interpreter that is defined as
1078 unprofessional conduct under this [
1079 part and includes:
1080 (1) violating, or aiding or abetting [
1081 violating, any provision of this [
1082 regulating certified interpreters;
1083 (2) violating, or aiding or abetting [
1084 violating, any generally accepted professional or ethical standard applicable to the profession of
1085 a certified interpreter; or
1086 (3) physically, mentally, or sexually abusing or exploiting [
1087 through conduct connected with a certified interpreter's practice under this [
1088 Section 40. Section 35A-13-613, which is renumbered from Section 53A-26a-503 is
1089 renumbered and amended to read:
1090 [
1091 [
1092 of a class B misdemeanor.
1093 Section 41. Section 53A-1-403.5 is amended to read:
1094 53A-1-403.5. Education of persons in custody of the Utah Department of
1095 Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration
1096 among state agencies.
1097 (1) The State Board of Education and the Utah Department of Corrections, subject to
1098 legislative appropriation, are responsible for the education of persons in the custody of the Utah
1099 Department of Corrections.
1100 (2) (a) To fulfill the responsibility under Subsection (1), the State Board of Education
1101 and the Utah Department of Corrections shall, where feasible, contract with appropriate private
1102 or public agencies to provide educational and related administrative services. Contracts for
1103 postsecondary education and training shall be under Subsection (2)(b).
1104 (b) (i) The contract under Subsection (2)(a) to provide postsecondary education and
1105 training shall be with a community college if the correctional facility is located within the
1106 service region of a community college, except under Subsection (2)(b)(ii).
1107 (ii) If the community college under Subsection (2)(b)(i) declines to provide the
1108 education and training or cannot meet reasonable contractual terms for providing the education
1109 and training as specified by the Utah Department of Corrections, postsecondary education and
1110 training under Subsection (2)(a) may be procured through other appropriate private or public
1111 agencies.
1112 (3) (a) As its corrections education program, the State Board of Education and the Utah
1113 Department of Corrections shall develop and implement a recidivism reduction plan, including
1114 the following components:
1115 (i) inmate assessment;
1116 (ii) cognitive problem-solving skills;
1117 (iii) basic literacy skills;
1118 (iv) career skills;
1119 (v) job placement;
1120 (vi) postrelease tracking and support;
1121 (vii) research and evaluation;
1122 (viii) family involvement and support; and
1123 (ix) multiagency collaboration.
1124 (b) The plan shall be developed and implemented through the State Office of
1125 Education and the Utah Department of Corrections in collaboration with the following entities:
1126 (i) the State Board of Regents;
1127 (ii) the Utah College of Applied Technology Board of Trustees;
1128 (iii) local boards of education;
1129 (iv) the Department of Workforce Services;
1130 (v) the Department of Human Services;
1131 (vi) the Board of Pardons and Parole;
1132 (vii) the Utah State Office of Rehabilitation; and
1133 (viii) the Governor's Office.
1134 (4) By July 1, 2014, and every three years thereafter, the Utah Department of
1135 Corrections shall make a report to the Education Interim Committee and the Judiciary, Law
1136 Enforcement, and Criminal Justice Interim Committee evaluating the impact of corrections
1137 education programs on recidivism.
1138 Section 42. Section 53A-1a-501.7 is amended to read:
1139 53A-1a-501.7. State Charter School Board -- Staff director -- Facilities.
1140 (1) (a) The State Charter School Board, with the consent of the superintendent of
1141 public instruction, shall appoint a staff director for the State Charter School Board.
1142 (b) The State Charter School Board shall have authority to remove the staff director
1143 with the consent of the superintendent of public instruction.
1144 (c) The position of staff director is exempt from the career service provisions of Title
1145 67, Chapter 19, Utah State Personnel Management Act.
1146 (2) The superintendent of public instruction shall provide space for staff of the State
1147 Charter School Board in facilities occupied by the Utah State Office of Education, with costs
1148 charged for the facilities equal to those charged other sections and divisions within the Utah
1149 State Office of Education [
1150 Section 43. Section 53A-11-203 is amended to read:
1151 53A-11-203. Vision screening.
1152 (1) As used in this section:
1153 (a) [
1154
1155 Section 35A-1-202.
1156 (b) "Qualifying child" means a child who is at least 3-1/2 years old, but is less than
1157 nine years old.
1158 (2) A child under nine years old entering school for the first time in this state must
1159 present the following to the school:
1160 (a) a certificate signed by a licensed physician, optometrist, or other licensed health
1161 professional approved by the [
1162 screening to determine the presence of amblyopia or other visual defects; or
1163 (b) a written statement signed by at least one parent or legal guardian of the child that
1164 the screening violates the personal beliefs of the parent or legal guardian.
1165 (3) (a) The [
1166 (i) shall provide vision screening report forms to a person approved by the [
1167 office to conduct a free vision screening for a qualifying child;
1168 (ii) may work with health care professionals, teachers, and vision screeners to develop
1169 protocols that may be used by a parent, teacher, or vision screener to help identify a child who
1170 may have conditions that are not detected in a vision screening, such as problems with eye
1171 focusing, eye tracking, visual perceptual skills, visual motor integration, and convergence
1172 insufficiency; and
1173 (iii) shall, once protocols are established under Subsection (3)(a)(ii), develop language
1174 regarding the vision problems identified in Subsection (3)(a)(ii) to be included in the notice
1175 required by Subsection (3)(b).
1176 (b) The report forms shall include the following information for a parent or guardian:
1177 "vision screening is not a substitute for a complete eye exam and vision evaluation by an eye
1178 doctor."
1179 (4) A school district or charter school may conduct free vision screening clinics for a
1180 qualifying child.
1181 (5) (a) The [
1182 fail vision screening and who are referred for follow-up treatment.
1183 (b) The register described in Subsection (5)(a) shall include the name of the child, age
1184 or birthdate, address, cause for referral, and follow-up results.
1185 (c) A school district or charter school shall report to the [
1186 follow-up results for a qualifying child.
1187 (6) (a) A school district or charter school shall ensure that a volunteer who serves as a
1188 vision screener for a free vision screening clinic for a qualifying child:
1189 (i) is a school nurse;
1190 (ii) holds a certificate issued by the [
1191 (iii) is directly supervised by an individual described in Subsection (6)(a)(i) or (ii).
1192 (b) The [
1193 (i) provide vision screening training to a volunteer seeking a certificate described in
1194 Subsection (6)(b)(ii), using curriculum established by the [
1195 (ii) issue a certificate to a volunteer who successfully completes the vision screening
1196 training described in Subsection (6)(b)(i).
1197 (c) An individual described in Subsection (6)(a) is not liable for damages that result
1198 from acts or omissions related to the vision screening, unless the acts or omissions are willful
1199 or grossly negligent.
1200 (7) (a) Except as provided in Subsection (7)(b), a licensed health professional
1201 providing vision care to private patients may not participate as a screener in a free vision
1202 screening program provided by a school district.
1203 (b) A school district or charter school may:
1204 (i) allow a licensed health professional who provides vision care to private patients to
1205 participate as a screener in a free vision screening program for a child 3-1/2 years old or older;
1206 (ii) establish guidelines to administer a free vision screening program described in
1207 Subsection (7)(b)(i); and
1208 (iii) establish penalties for a violation of the requirements of Subsection (7)(c).
1209 (c) A licensed health professional or other person who participates as a screener in a
1210 free vision screening program described in Subsection (7)(b):
1211 (i) may not market, advertise, or promote the licensed health professional's business in
1212 connection with providing the free screening at the school; and
1213 (ii) shall provide the child's results of the free vision screening on a form produced by
1214 the school or school district, which:
1215 (A) may not include contact information other than the name of the licensed health
1216 professional; and
1217 (B) shall include a statement: "vision screening is not a substitute for a complete eye
1218 exam and vision evaluation by an eye doctor."
1219 (d) A school district or charter school may provide information to a parent or guardian
1220 of the availability of follow up vision services for a student.
1221 (8) The Department of Health shall:
1222 (a) by rule, set standards and procedures for vision screening required by this chapter,
1223 which shall include a process for notifying the parent or guardian of a child who fails a vision
1224 screening or is identified as needing follow-up care; and
1225 (b) provide the [
1226 charts necessary for conducting vision screening.
1227 (9) The [
1228 this chapter.
1229 Section 44. Section 53A-24-601 is enacted to read:
1230
1231 53A-24-601. Transition plan.
1232 (1) On or before June 1, 2016, the Department of Workforce Services and the Utah
1233 State Office of Rehabilitation shall develop a written transition plan for moving the Utah State
1234 Office of Rehabilitation from the State Board of Education to the Department of Workforce
1235 Services on October 1, 2016, that describes:
1236 (a) the tasks that need to be completed before the move on October 1, 2016, including
1237 a description of:
1238 (i) which employees, by job title and classification, will transition to the Utah State
1239 Office of Rehabilitation under the Department of Workforce Services from the State Board of
1240 Education and the expected transition dates;
1241 (ii) office space and infrastructure requirements related to the transition;
1242 (iii) any work site location changes for transitioning employees;
1243 (iv) the transition of service delivery sites;
1244 (v) amendments needed to existing contracts;
1245 (vi) the provision of directions and information to Utah State Office of Rehabilitation
1246 clients regarding where services will be provided and the hours services will be provided;
1247 (vii) procedures for the transfer and reconciliation of budgeting and funding of the
1248 Utah State Office of Rehabilitation as the office transitions from the State Board of Education
1249 to the Department of Workforce Services; and
1250 (viii) the transition of technology services to the Utah State Office of Rehabilitation;
1251 (b) the tasks that need to be completed during the year after the move on October 1,
1252 2016; and
1253 (c) how the transition to the Department of Workforce Services will be funded,
1254 including details of:
1255 (i) how expenses associated with the transition will be managed;
1256 (ii) how funding for services provided by the Utah State Office of Rehabilitation will
1257 be managed between the State Board of Education and the Department of Workforce Services
1258 to ensure services will be provided by the Utah State Office of Rehabilitation without
1259 interruption; and
1260 (iii) how federal funds will be used by or transferred between the State Board of
1261 Education and the Department of Workforce Services to ensure services will be provided by
1262 the Utah State Office of Rehabilitation without interruption.
1263 (2) The written transition plan shall:
1264 (a) contain a timeline for the completion of the tasks described in Subsection (1)(a);
1265 (b) be updated at least every two weeks until the transition is complete;
1266 (c) describe how information will be provided to Utah Office of Rehabilitation clients
1267 regarding any changes to where services will be provided and the hours services will be
1268 provided;
1269 (d) be provided to the:
1270 (i) State Board of Education and the superintendent of public instruction;
1271 (ii) Division of Finance;
1272 (iii) Utah State Office of Rehabilitation; and
1273 (iv) Department of Technology Services; and
1274 (e) be made available to transitioning or potentially transitioning employees.
1275 (3) The Department of Workforce Services and the Utah State Office of Rehabilitation
1276 shall publish information on their websites for Utah State Office of Rehabilitation clients and
1277 employees that provides a full overview of the written transition plan and how the move will
1278 affect client services offered by the Utah State Office of Rehabilitation, including regularly
1279 updated:
1280 (a) information regarding the location where services are provided and the hours
1281 services are provided; and
1282 (b) contact information so that clients can contact transitioning employees and obtain
1283 information regarding client services.
1284 (4) The Department of Workforce Services and the State Board of Education may enter
1285 into a memorandum of understanding of how costs and responsibilities will be shared to:
1286 (a) ensure that services provided under agreements with the federal government are
1287 fulfilled;
1288 (b) ensure that commitments made by the State Board of Education with respect to the
1289 Utah State Office of Rehabilitation are met;
1290 (c) provide ongoing or shared services as needed, including the provision of payments
1291 to the State Board of Education from the Department of Workforce Services; and
1292 (d) ensure that money from the Office of Rehabilitation Transition Restricted Account,
1293 created in Section 53A-24-602, is used appropriately by the Department of Workforce Services
1294 and the State Board of Education.
1295 (5) The Department of Workforce Services may not expend federal funds received
1296 from the United States Rehabilitation Services Administration before October 1, 2016.
1297 (6) In implementing the written transition plan described in this section, the
1298 Department of Workforce Services and the Utah State Office of Rehabilitation shall:
1299 (a) protect existing services, programs, and access to services provided by the Utah
1300 State Office of Rehabilitation; and
1301 (b) preserve the existing organizational structure and personnel assignments within the
1302 Utah State Office of Rehabilitation.
1303 Section 45. Section 53A-24-602 is enacted to read:
1304 53A-24-602. Office of Rehabilitation Transition Restricted Account.
1305 (1) There is created a restricted account within the General Fund known as the "Office
1306 of Rehabilitation Transition Restricted Account."
1307 (2) The restricted account shall consist of appropriations made by the Legislature.
1308 (3) Subject to appropriation, the Utah State Office of Rehabilitation, the Department of
1309 Workforce Services, and the State Board of Education may spend money from the restricted
1310 account to pay for commitments related to and services provided by the Utah State Office of
1311 Rehabilitation, including expenses related to moving the Utah State Office of Rehabilitation
1312 from the State Board of Education to the Department of Workforce Services.
1313 Section 46. Section 54-8b-10 is amended to read:
1314 54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons
1315 with telecommunication devices -- Definitions -- Procedures for establishing program --
1316 Surcharge -- Administration and disposition of surcharge money.
1317 (1) As used in this section:
1318 (a) "Certified deaf or severely hearing or speech impaired person" means any state
1319 resident who:
1320 (i) is so certified by:
1321 (A) a licensed physician;
1322 (B) an otolaryngologist;
1323 (C) a speech language pathologist;
1324 (D) an audiologist; or
1325 (E) a qualified state agency; and
1326 (ii) qualifies for assistance under any low income public assistance program
1327 administered by a state agency.
1328 (b) "Certified interpreter" means a person who is a certified interpreter under Title
1329 [
1330 Interpreter Services for the Deaf and Hard of Hearing Act.
1331 (c) (i) "Telecommunication device" means any mechanical adaptation device that
1332 enables a deaf or severely hearing or speech impaired person to use the telephone.
1333 (ii) "Telecommunication device" includes:
1334 (A) telecommunication devices for the deaf (TDD);
1335 (B) telephone amplifiers;
1336 (C) telephone signal devices;
1337 (D) artificial larynxes; and
1338 (E) adaptive equipment for TDD keyboard access.
1339 (2) The commission shall hold hearings to establish a program whereby a certified deaf
1340 or severely hearing or speech impaired customer of a telecommunications corporation that
1341 provides service through a local exchange or of a wireless telecommunications provider may
1342 obtain a telecommunication device capable of serving the customer at no charge to the
1343 customer beyond the rate for basic service.
1344 (3) (a) The program described in Subsection (2) shall provide a dual party relay system
1345 using third party intervention to connect a certified deaf or severely hearing or speech impaired
1346 person with a normal hearing person by way of telecommunication devices designed for that
1347 purpose.
1348 (b) The commission may, by rule, establish the type of telecommunications device to
1349 be provided to ensure functional equivalence.
1350 (4) (a) The commission shall impose a surcharge on each residential and business
1351 access line of each customer of local-exchange telephone service in this state, and each
1352 residential and business telephone number of each customer of mobile telephone service in this
1353 state, not including a telephone number used exclusively to transfer data to and from a mobile
1354 device, which shall be collected by the telecommunications corporation providing public
1355 telecommunications service to the customer, to cover the costs of:
1356 (i) the program described in Subsection (2); and
1357 (ii) payments made under Subsection (5).
1358 (b) The commission shall establish by rule the amount to be charged under this section,
1359 provided that:
1360 (i) the surcharge does not exceed 20 cents per month for each residential and business
1361 access line for local-exchange telephone service, and for each residential and business
1362 telephone number for mobile telephone service, not including a telephone number used
1363 exclusively to transfer data to and from a mobile device; and
1364 (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
1365 may be imposed, billed, and collected only to the extent permitted by the Mobile
1366 Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
1367 (c) The telecommunications corporation shall collect the surcharge from its customers
1368 and transfer the money collected to the commission under rules adopted by the commission.
1369 (d) The surcharge shall be separately identified on each bill to a customer.
1370 (5) (a) Money collected from the surcharge imposed under Subsection (4) shall be
1371 deposited in the state treasury as dedicated credits to be administered as determined by the
1372 commission.
1373 (b) These dedicated credits may be used only:
1374 (i) for the purchase, maintenance, repair, and distribution of telecommunication
1375 devices;
1376 (ii) for the acquisition, operation, maintenance, and repair of a dual party relay system;
1377 (iii) to reimburse telephone corporations for the expenses incurred in collecting and
1378 transferring to the commission the surcharge imposed by the commission;
1379 (iv) for the general administration of the program;
1380 (v) to train persons in the use of telecommunications devices; and
1381 (vi) by the commission to contract, in compliance with Title 63G, Chapter 6a, Utah
1382 Procurement Code, with:
1383 (A) an institution within the state system of higher education listed in Section
1384 53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
1385 certified interpreters; or
1386 (B) the [
1387 Rehabilitation created in Section 35A-1-202 for a program that trains persons to qualify as
1388 certified interpreters.
1389 (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
1390 Administrative Rulemaking Act, for the administration of money under Subsection (5)(b)(vi).
1391 (ii) In the initial rulemaking to determine the administration of money under
1392 Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
1393 (d) Money received by the commission under Subsection (4) is nonlapsing.
1394 (6) (a) The telephone surcharge need not be collected by a telecommunications
1395 corporation if the amount collected would be less than the actual administrative costs of the
1396 collection.
1397 (b) If Subsection (6)(a) applies, the telecommunications corporation shall submit to the
1398 commission, in lieu of the revenue from the surcharge collection, a breakdown of the
1399 anticipated costs and the expected revenue from the collection, showing that the costs exceed
1400 the revenue.
1401 (7) The commission shall solicit the advice, counsel, and physical assistance of
1402 severely hearing or speech impaired persons and the organizations serving them in the design
1403 and implementation of the program.
1404 Section 47. Section 55-5-2 is amended to read:
1405 55-5-2. Licensing agency -- Duties of the Utah State Office of Rehabilitation.
1406 (1) The [
1407 of Rehabilitation created in Section 35A-1-202 is designated as the licensing agency for the
1408 purpose of carrying out this chapter.
1409 (2) The [
1410 of Rehabilitation shall:
1411 (a) take necessary steps to carry out the provisions of this chapter;
1412 (b) with the approval of the custodian having charge of the building, park or other
1413 property in which the vending stand or other enterprise is to be located, select a location for
1414 such stand or enterprise and the type of equipment to be provided;
1415 (c) construct and equip stands where blind persons may be trained under the
1416 supervision of the [
1417 of Rehabilitation to carry on a business as a vending stand operator;
1418 (d) provide adequate supervision of each person licensed to operate vending stands or
1419 other enterprises to ensure efficient and orderly management; and
1420 (e) make rules necessary for the proper operation of vending stands or other
1421 enterprises.
1422 Section 48. Section 55-5-7 is amended to read:
1423 55-5-7. Agencies to negotiate for food service with the Utah State Office of
1424 Rehabilitation -- Existing contracts.
1425 (1) A governmental agency [
1426 in a public office building shall first attempt in good faith to make an agreement with the
1427 [
1428 created in Section 35A-1-202 to operate the food service without payment of rent.
1429 (2) The governmental agency may not offer or grant to any other party a contract or
1430 concession to operate the food service unless the governmental agency determines in good faith
1431 that the [
1432 Rehabilitation is not willing to or cannot satisfactorily provide the food service.
1433 (3) This act may not impair any valid contract existing on the effective date of this act,
1434 and does not preclude renegotiation of a valid contract on the same terms and with the same
1435 parties.
1436 Section 49. Section 55-5-8 is amended to read:
1437 55-5-8. Food service in exempt buildings.
1438 With respect to all state, county, and municipal buildings [
1439 Section 55-5-7, the governmental agency in charge of the building shall consider allowing the
1440 [
1441 Rehabilitation created in Section 35A-1-202 to operate any existing or proposed food service in
1442 the building, and shall discuss the operation with the division under Section [
1443 35A-13-402 upon its request.
1444 Section 50. Section 55-5a-2 is amended to read:
1445 55-5a-2. Definitions.
1446 As used in this [
1447 (1) "Blind" means an individual, or class of individuals, whose central acuity does not
1448 exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than
1449 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its
1450 widest diameter subtends an angle of no greater than 20 degrees.
1451 [
1452 [
1453 packing, other than supervision, administration, inspection [
1454 (3) "Office" means the Utah State Office of Rehabilitation created in Section
1455 35A-1-202.
1456 Section 51. Section 55-5a-3 is amended to read:
1457 55-5a-3. Permit required to sell blind-made products or services or to make sales
1458 to help the blind and visually impaired.
1459 (1) A person, group of persons, or organization may not[
1460 or otherwise dispose of goods, articles, or products to the public in this state [
1461 labeled as made by the blind or sold as products of the blind without first securing a permit in
1462 writing from the office for each person selling or soliciting the sale of those goods, articles, or
1463 products [
1464 (2) A person, group of persons, or organization may not conduct or engage in any
1465 business [
1466 or manufacture or if it is used in such a manner as to indicate the services, goods, articles, or
1467 products that it provides are blind-made or provide help for the blind or visually impaired,
1468 unless a written permit is obtained from the [
1469 (3) A person, group of persons, or organization may not conduct any of the activities
1470 designated in this section using a name, trade name, logo, or other identifying mark or name
1471 [
1472 affiliated with or sponsored by the state or any of its agencies or subdivisions, when the person,
1473 group of persons, or organization is not sponsored or supported by the state or one of its
1474 agencies or subdivisions.
1475 Section 52. Section 55-5a-4 is amended to read:
1476 55-5a-4. Issuance of permits -- Eligibility -- Fee -- Local license or permit.
1477 (1) The [
1478 forms and applications, review applications for permits, and issue permits as required by
1479 Section 55-5a-3 subject to the following:
1480 (a) A product shall be considered "blind-made" if 75% or more of the direct labor
1481 hours required for its manufacture are provided by the blind.
1482 (b) A person or organization shall be considered to be selling blind-made products if
1483 60% or more of the wholesale cost of the seller's average inventory of products is blind-made
1484 and the seller clearly differentiates by the use of labels or other markings between blind-made
1485 products and other products.
1486 (c) Individuals or businesses are conducting sales by the blind if 75% or more of the
1487 direct labor hours in packaging, marketing, soliciting and making sales are provided by the
1488 blind.
1489 (d) Upon receipt of appropriate documentation indicating qualification of a person or
1490 organization seeking a license under this act, the [
1491 one[
1492 (i) sale of products manufactured by the blind[
1493 (ii) sale of blind-made products by the blind[
1494 (iii) sale by the blind of products not made by the blind.
1495 (e) No permit shall be issued by the [
1496 or logo of the organization seeking the permit is similar to the name of or in any way implies
1497 an affiliation with or support of the state or one of its agencies or subdivisions if the
1498 organization is not so affiliated.
1499 (2) A fee of not more than $5 shall be charged for the issuance and renewal of each
1500 permit [
1501 shown.
1502 (3) No political subdivision of this state shall issue [
1503 [
1504 license or permit has first obtained a valid permit issued by the [
1505 Section 53. Section 55-5a-5 is amended to read:
1506 55-5a-5. Application for permit -- Investigation -- Exception -- Appeal of denial.
1507 (1) The [
1508 ensure that the person, group of persons, or organization is actually engaged in the manufacture
1509 or distribution of goods, articles, or products made by blind persons within the meaning of this
1510 act. [
1511 (2) Notwithstanding Subsection (1), the office may issue permits without
1512 investigation[
1513 proof that they are recognized and approved by the state in which they reside as authorized to
1514 sell such goods, articles, or products pursuant to a law of that state imposing requirements
1515 substantially similar to those prescribed [
1516 (3) Anyone denied a permit may appeal the decision of the [
1517
1518 Workforce Services or the executive director's designated agent.
1519 Section 54. Section 62A-5a-102 is amended to read:
1520 62A-5a-102. Definitions.
1521 As used in this chapter:
1522 (1) "Council" means the Coordinating Council for Persons with Disabilities.
1523 (2) "State agencies" means:
1524 (a) the Division of Services for People with Disabilities and the Division of Substance
1525 Abuse and Mental Health, within the Department of Human Services;
1526 (b) the Division of Health Care Financing within the Department of Health;
1527 (c) family health services programs established under Title 26, Chapter 10, Family
1528 Health Services, operated by the Department of Health;
1529 (d) the Utah State Office of Rehabilitation created in Section 35A-1-202; and
1530 (e) special education programs operated by the State Office of Education and local
1531 school districts under Title 53A, Chapter 15, Part 3, Education of Children with Disabilities.
1532 Section 55. Section 62A-5a-103 is amended to read:
1533 62A-5a-103. Coordinating Council for Persons with Disabilities -- Creation --
1534 Membership -- Expenses.
1535 (1) There is created the Coordinating Council for Persons with Disabilities.
1536 (2) The council shall consist of:
1537 (a) the director of the Division of Services for People with Disabilities within the
1538 Department of Human Services, or [
1539 (b) the director of family health services programs, appointed under Section 26-10-3,
1540 or [
1541 (c) the [
1542 35A-1-202, or [
1543 (d) the state director of special education, or [
1544 (e) the director of the Division of Health Care Financing within the Department of
1545 Health, or [
1546 (f) the director of the Division of Substance Abuse and Mental Health within the
1547 Department of Human Services, or [
1548 (g) the superintendent of Schools for the Deaf and the Blind, or [
1549 superintendent's designee; and
1550 (h) a person with a disability, a family member of a person with a disability, or an
1551 advocate for persons with disabilities, appointed by the members listed in Subsections (2)(a)
1552 through (g).
1553 (3) (a) The council shall annually elect a chair from its membership.
1554 (b) Five members of the council are a quorum.
1555 (4) A member may not receive compensation or benefits for the member's service, but
1556 may receive per diem and travel expenses in accordance with:
1557 (a) Section 63A-3-106;
1558 (b) Section 63A-3-107; and
1559 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1560 63A-3-107.
1561 Section 56. Section 62A-5a-105 is amended to read:
1562 62A-5a-105. Coordination of services for school-age children.
1563 (1) Within appropriations authorized by the Legislature, the state director of special
1564 education, the [
1565 35A-1-202, the executive director of the Department of Human Services, and the family health
1566 services director within the Department of Health, or their designees, and the affected local
1567 school district shall cooperatively develop a single coordinated education program, treatment
1568 services, and individual and family supports for students entitled to a free appropriate
1569 education under Title 53A, Chapter 15, Part 3, Education of Children with Disabilities, who
1570 also require services from the Department of Human Services, the Department of Health, or the
1571 Utah State Office of Rehabilitation.
1572 (2) Distribution of costs for services and supports described in Subsection (1) shall be
1573 determined through a process established by the State Board of Education, the Department of
1574 Human Services, and the Department of Health.
1575 Section 57. Section 63B-19-201 is amended to read:
1576 63B-19-201. Authorizations to design and construct capital facilities using
1577 institutional or agency funds.
1578 (1) The Legislature intends that:
1579 (a) Southern Utah University may, subject to the requirements of Title 63A, Chapter 5,
1580 State Building Board - Division of Facilities Construction and Management, use $10,000,000
1581 in donations and the revenue bond authorized in Subsection 63B-19-102(6) to plan, design, and
1582 construct a Southern Utah Museum of Arts, with 28,000 new square feet;
1583 (b) no state funds be used for any portion of this project; and
1584 (c) the university may not request state funds for operation and maintenance costs or
1585 capital improvements.
1586 (2) The Legislature intends that:
1587 (a) the University of Utah may, subject to the requirements of Title 63A, Chapter 5,
1588 State Building Board - Division of Facilities Construction and Management, use $17,878,000
1589 in donations, federal funds, and institutional funds to plan, design, and construct an addition to
1590 the Henry Eyring Building, with 40,915 new square feet;
1591 (b) no state funds be used for any portion of this project; and
1592 (c) the university may not request state funds for operation and maintenance costs or
1593 capital improvements.
1594 (3) The Legislature intends that:
1595 (a) Utah State University may, subject to the requirements of Title 63A, Chapter 5,
1596 State Building Board - Division of Facilities Construction and Management, use $3,000,000 in
1597 donations to plan, design, and construct a Botanical Center classroom building, with 7,900 new
1598 square feet;
1599 (b) no state funds be used for any portion of this project; and
1600 (c) the university may not request state funds for operation and maintenance costs or
1601 capital improvements.
1602 (4) The Legislature intends that:
1603 (a) [
1604 Office of Rehabilitation created in Section 35A-1-202 may, subject to the requirements of Title
1605 63A, Chapter 5, State Building Board - Division of Facilities Construction and Management,
1606 use $1,497,000 in federal grants to plan, design, and construct a residential facility for the
1607 blind, with 8,000 new square feet;
1608 (b) no state funds be used for any portion of this project; and
1609 (c) the division may not request state funds for operation and maintenance costs or
1610 capital improvements.
1611 (5) The Legislature intends that:
1612 (a) the Department of Public Safety may, subject to the requirements of Title 63A,
1613 Chapter 5, State Building Board - Division of Facilities Construction and Management, use
1614 $3,294,000 of nonlapsing balances within the driver license line item in the Department of
1615 Public Safety budget in fiscal year 2010 to plan, design, and construct an Ogden driver license
1616 building with 10,500 new square feet;
1617 (b) no state funds be used for any portion of this project; and
1618 (c) the department may not request state funds for operation and maintenance costs or
1619 capital improvements.
1620 (6) The Legislature intends that:
1621 (a) the University of Utah may use donations to prepare preliminary plans for a dental
1622 school building;
1623 (b) no state funds be used for any portion of the planning; and
1624 (c) the University of Utah may not design or construct a dental school building unless
1625 and until the Legislature authorizes:
1626 (i) the design and construction of a dental school building;
1627 (ii) the University to pursue the establishment of a dental school program; and
1628 (iii) the appropriation of funds at a level sufficient to fund a dental school program at
1629 the University of Utah.
1630 Section 58. Section 63G-6a-805 is amended to read:
1631 63G-6a-805. Purchase from community rehabilitation programs.
1632 (1) As used in this section:
1633 (a) "Advisory board" means the Purchasing from Persons with Disabilities Advisory
1634 Board created under this section.
1635 (b) "Central not-for-profit association" means a group of experts designated by the
1636 advisory board to do the following, under guidelines established by the advisory board:
1637 (i) assist the advisory board with its functions; and
1638 (ii) facilitate the implementation of advisory board policies.
1639 (c) (i) "Community rehabilitation program" means a program that is operated primarily
1640 for the purpose of the employment and training of persons with a disability by a government
1641 agency or qualified nonprofit organization which is an income tax exempt organization under
1642 26 U.S.C. Sec. 501(c)(3) of the Internal Revenue Code.
1643 (ii) A community rehabilitation program:
1644 (A) maintains an employment ratio of at least 75% of the program employees under the
1645 procurement contract in question have severe disabilities;
1646 (B) (I) complies with any applicable occupational health and safety standards
1647 prescribed by the United States Department of Labor; or
1648 (II) is a supported employment program approved by the Utah State Office of
1649 Rehabilitation created in Section 35A-1-202;
1650 (C) has its principal place of business in Utah;
1651 (D) produces any good provided under this section in Utah; and
1652 (E) provides any service that is provided by individuals with a majority of whom
1653 domiciled in Utah.
1654 (d) "Person with a disability" means a person with any disability as defined by and
1655 covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
1656 (2) There is created within the division the Purchasing from Persons with Disabilities
1657 Advisory Board.
1658 (3) The advisory board shall consist of three members, as follows:
1659 (a) the director of the division or the director's designee;
1660 (b) the [
1661
1662 (c) a representative of the private business community who shall be appointed to a
1663 three-year term by the governor with the advice and consent of the Senate.
1664 (4) The advisory board shall meet, as needed, to facilitate the procurement of goods
1665 and services from community rehabilitation programs by a procurement unit under this chapter
1666 by:
1667 (a) identifying goods and services that are available from community rehabilitation
1668 programs in accordance with the requirements of Subsection (7);
1669 (b) approving prices in accordance with Subsection (7)(c) for goods and services that
1670 are identified under Subsection (4)(a);
1671 (c) developing, maintaining, and approving a preferred procurement contract list of
1672 goods and services identified and priced under Subsections (4)(a) and (b);
1673 (d) reviewing bids received by a community rehabilitation program; and
1674 (e) awarding and renewing specified contracts for set contract times, without
1675 competitive bidding, for the purchase of goods and services under Subsection (7).
1676 (5) The provisions of Subsections (4) and (7)(a) are an exception to the procurement
1677 provisions under this chapter.
1678 (6) (a) The advisory board may designate a central not-for-profit association, appoint
1679 its members, and establish guidelines for its duties.
1680 (b) The designated central not-for-profit association serves at the pleasure of the
1681 advisory board. The central not-for-profit association or its individual members may be
1682 removed by the advisory board at any time by a majority vote of the advisory board.
1683 (c) Subject to the advisory board guidelines and discretion, a designated central
1684 not-for-profit association may be assigned to perform the following duties:
1685 (i) identify qualified community rehabilitation programs and the goods and services
1686 that they provide or have the potential to provide;
1687 (ii) help ensure that goods and services are provided at reasonable quality and delivery
1688 levels;
1689 (iii) recommend pricing for goods and services;
1690 (iv) review bids and recommend the award of contracts under the advisory board's
1691 direction;
1692 (v) collect and report program data to the advisory board and to the division; and
1693 (vi) other duties specified by the advisory board.
1694 (7) Except as provided under Subsection (9), notwithstanding any provision of this
1695 chapter to the contrary, each procurement unit shall purchase goods and services produced by a
1696 community rehabilitation program using the preferred procurement contract list approved under
1697 Subsection (4)(c) if:
1698 (a) the good or service offered for sale by a community rehabilitation program
1699 reasonably conforms to the needs and specifications of the procurement unit;
1700 (b) the community rehabilitation program can supply the good or service within a
1701 reasonable time; and
1702 (c) the price of the good or service is reasonably competitive with the cost of procuring
1703 the good or service from another source.
1704 (8) Each community rehabilitation program:
1705 (a) may submit a bid to the advisory board at any time and not necessarily in response
1706 to an invitation for bids; and
1707 (b) shall certify on any bid it submits to the advisory board or to a procurement unit
1708 under this section that it is claiming a preference under this section.
1709 (9) During a fiscal year, the requirement for a procurement unit to purchase goods and
1710 services produced by a community rehabilitation program under the preferred procurement list
1711 under Subsection (7) does not apply if the division determines that the total amount of
1712 procurement contracts with community rehabilitation programs has reached $5 million for that
1713 fiscal year.
1714 (10) In the case of conflict between a purchase under this section and a purchase under
1715 Section 63G-6a-804, this section prevails.
1716 Section 59. Section 63I-2-253 is amended to read:
1717 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
1718 (1) Section 53A-1-403.5 is repealed July 1, 2017.
1719 (2) Subsection 53A-1-410(5) is repealed July 1, 2015.
1720 (3) Section 53A-1-411 is repealed July 1, 2017.
1721 (4) Section 53A-1a-513.5 is repealed July 1, 2017.
1722 (5) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
1723 (6) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
1724 repealed July 1, 2017.
1725 (7) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
1726 Section 60. Section 63J-1-601 is amended to read:
1727 63J-1-601. End of fiscal year -- Unexpended balances -- Funds not to be closed
1728 out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
1729 accounts and funds -- Institutions of higher education to report unexpended balances.
1730 (1) As used in this section, "transaction control number" means the unique numerical
1731 identifier established by the Department of Health to track each medical claim and indicates the
1732 date on which the claim is entered.
1733 (2) On or before August 31 of each fiscal year, the director of the Division of Finance
1734 shall close out to the proper fund or account all remaining unexpended and unencumbered
1735 balances of appropriations made by the Legislature, except:
1736 (a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
1737 (i) enterprise funds;
1738 (ii) internal service funds;
1739 (iii) trust and agency funds;
1740 (iv) capital projects funds;
1741 (v) discrete component unit funds;
1742 (vi) debt service funds; and
1743 (vii) permanent funds;
1744 (b) those revenue collections, appropriations from a fund or account, or appropriations
1745 to a program that are designated as nonlapsing under Sections 63J-1-602.1 through
1746 63J-1-602.5;
1747 (c) expendable special revenue funds, unless specifically directed to close out the fund
1748 in the fund's enabling legislation;
1749 (d) acquisition and development funds appropriated to the Division of Parks and
1750 Recreation;
1751 (e) funds encumbered to pay purchase orders issued prior to May 1 for capital
1752 equipment if delivery is expected before June 30; and
1753 (f) unexpended and unencumbered balances of appropriations that meet the
1754 requirements of Section 63J-1-603.
1755 (3) (a) Liabilities and related expenses for goods and services received on or before
1756 June 30 shall be recognized as expenses due and payable from appropriations made prior to
1757 June 30.
1758 (b) The liability and related expense shall be recognized within time periods
1759 established by the Division of Finance but shall be recognized not later than August 31.
1760 (c) Liabilities and expenses not so recognized may be paid from regular departmental
1761 appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
1762 unencumbered balances of appropriations for the years in which the obligation was incurred.
1763 (d) No amounts may be transferred from an item of appropriation of any department,
1764 institution, or agency into the Capital Projects Fund or any other fund without the prior express
1765 approval of the Legislature.
1766 (4) (a) For purposes of this chapter, a claim processed under the authority of Title 26,
1767 Chapter 18, Medical Assistance Act:
1768 (i) is not a liability or an expense to the state for budgetary purposes, unless the
1769 Division of Health Care Financing receives the claim within the time periods established by the
1770 Division of Finance under Subsection (3)(b); and
1771 (ii) is not subject to Subsection (3)(c).
1772 (b) The transaction control number that the Division of Health Care Financing records
1773 on each claim invoice is the date of receipt.
1774 (5) (a) For purposes of this chapter, a claim processed in accordance with Title [
1775 35A, Chapter [
1776 (i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
1777 State Office of Rehabilitation receives the claim within the time periods established by the
1778 Division of Finance under Subsection (3)(b); and
1779 (ii) is not subject to Subsection (3)(c).
1780 (b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
1781 date on which the Utah State Office of Rehabilitation receives the claim invoice.
1782 (ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this
1783 section.
1784 (6) Any balance from an appropriation to a state institution of higher education that
1785 remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
1786 the September 1 following the close of the fiscal year.
1787 Section 61. Section 63J-1-602.3 is amended to read:
1788 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
1789 (1) Funding for the Search and Rescue Financial Assistance Program, as provided in
1790 Section 53-2a-1102.
1791 (2) Appropriations made to the Division of Emergency Management from the State
1792 Disaster Recovery Restricted Account, as provided in Section 53-2a-603.
1793 (3) Appropriations made to the Department of Public Safety from the Department of
1794 Public Safety Restricted Account, as provided in Section 53-3-106.
1795 (4) Appropriations to the Motorcycle Rider Education Program, as provided in Section
1796 53-3-905.
1797 (5) Appropriations from the Utah Highway Patrol Aero Bureau Restricted Account
1798 created in Section 53-8-303.
1799 (6) Appropriations from the DNA Specimen Restricted Account created in Section
1800 53-10-407.
1801 (7) The Canine Body Armor Restricted Account created in Section 53-16-201.
1802 (8) The School Readiness Restricted Account created in Section 53A-1b-104.
1803 (9) Appropriations to the State Board of Education, as provided in Section
1804 53A-17a-105.
1805 (10) Money received by the Utah State Office of Rehabilitation for the sale of certain
1806 products or services, as provided in Section [
1807 (11) Certain funds appropriated from the General Fund to the State Board of Regents
1808 for teacher preparation programs, as provided in Section 53B-6-104.
1809 (12) Funding for the Medical Education Program administered by the Medical
1810 Education Council, as provided in Section 53B-24-202.
1811 (13) A certain portion of money collected for administrative costs under the School
1812 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1813 (14) Certain surcharges on residential and business telephone numbers imposed by the
1814 Public Service Commission, as provided in Section 54-8b-10.
1815 (15) Certain fines collected by the Division of Occupational and Professional Licensing
1816 for violation of unlawful or unprofessional conduct that are used for education and enforcement
1817 purposes, as provided in Section 58-17b-505.
1818 (16) Certain fines collected by the Division of Occupational and Professional Licensing
1819 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
1820 Section 58-63-103.
1821 (17) Appropriations from the Relative Value Study Restricted Account created in
1822 Section 59-9-105.
1823 (18) The Cigarette Tax Restricted Account created in Section 59-14-204.
1824 Section 62. Section 78B-1-203 is amended to read:
1825 78B-1-203. Effectiveness of interpreter determined.
1826 (1) Before appointing an interpreter, the appointing authority shall make a preliminary
1827 determination, on the basis of the proficiency level established by the Utah [
1828
1829 basis of the hearing-impaired person's testimony, that the interpreter is able to accurately
1830 communicate with and translate information to and from the hearing-impaired person involved.
1831 (2) If the interpreter is not able to provide effective communication with the
1832 hearing-impaired person, the appointing authority shall appoint another qualified interpreter.
1833 Section 63. Section 78B-1-206 is amended to read:
1834 78B-1-206. List of qualified interpreters -- Use -- Appointment of another.
1835 (1) The Utah [
1836 in Section 35A-1-202 shall establish, maintain, update, and distribute a list of qualified
1837 interpreters.
1838 (2) (a) When an interpreter is required under this part, the appointing authority shall
1839 use one of the interpreters on the list provided by the Utah [
1840 State Office of Rehabilitation.
1841 (b) If none of the listed interpreters are available or are able to provide effective
1842 interpreting with the particular hearing-impaired person, then the appointing authority shall
1843 appoint another qualified interpreter who is able to accurately and simultaneously communicate
1844 with and translate information to and from the particular hearing-impaired person involved.
1845 Section 64. Section 78B-1-208 is amended to read:
1846 78B-1-208. Compensation of interpreter.
1847 (1) An interpreter appointed under this part is entitled to a reasonable fee for his or her
1848 services, including waiting time and reimbursement for necessary travel and subsistence
1849 expenses.
1850 (2) The fee shall be based on a fee schedule for interpreters recommended by the
1851 [
1852 35A-1-202 or on prevailing market rates.
1853 (3) Reimbursement for necessary travel and subsistence expenses shall be at rates
1854 provided by law for state employees generally.
1855 (4) Compensation for interpreter services shall be paid by the appointing authority if
1856 the interpreter is not otherwise compensated for those services.
1857 Section 65. Repealer.
1858 This bill repeals:
1859 Section 53A-15-205, Disability Determination Services Advisory Council --
1860 Membership -- Duties -- Requirements for DDDS.
1861 Section 53A-24-110.5, Assistive Technology Advisory Council -- Membership --
1862 Duties.
1863 Section 53A-24-110.7, Appropriation for assistive technology devices and services.
1864 Section 53A-24-201, Definition.
1865 Section 53A-24-202, Creation.
1866 Section 53A-24-203, Appointment of division director -- Administration.
1867 Section 53A-24-204, Division responsibilities.
1868 Section 53A-24-301, Definitions.
1869 Section 53A-24-302, Creation.
1870 Section 53A-24-303, Appointment of division director -- Administration.
1871 Section 53A-24-401, Definitions.
1872 Section 53A-24-402, Creation.
1873 Section 53A-24-403, Appointment of administrator for the division.
1874 Section 53A-24-501, Creation.
1875 Section 53A-24-502, Appointment of administrator for the division.
1876 Section 53A-24-503, Division responsibilities.
1877 Section 66. Appropriation -- Operating and capital budgets.
1878 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
1879 the fiscal year beginning July 1, 2016, and ending June 20, 2017, the following sums of money
1880 are appropriated from resources not otherwise appropriated, or reduced from amounts
1881 previously appropriated, out of the funds or accounts indicated. These sums of money are in
1882 addition to amounts previously appropriated for fiscal year 2017.
1883 Item 1: To Department of Workforce Services -- Utah State Office of Rehabilitation
1884 From General Fund
$21,385,100
1885 From General Fund, one-time
($21,385,100)
1886 From General Fund Restricted -- Office of Rehabilitation
1887 Transition Restricted Account
$26,385,100
1888 From Federal Funds
$62,656,000
1889 From Dedicated Credits Revenue
$985,600
1890 Schedule of Programs:
1891 Executive Director $2,965,300
1892 Blind and Visually Impaired $6,109,700
1893 Rehabilitation Services $46,461,800
1894 Disability Determination $15,655,600
1895 Deaf and Hard of Hearing $2,988,600
1896 Aspire Grant $10,845,700
1897 The Legislature intends that the Department of Workforce Services may spend up to the
1898 amount appropriated in this item from the General Fund Restricted -- Office of Rehabilitation
1899 Transition Restricted Account for fiscal year 2017, but that expenditures from the account in
1900 this item of appropriation plus expenditures from the account at the State Board of Education
1901 may not exceed the total amount available in the account.
1902 Item 2: To State Board of Education -- Utah State Office of Rehabilitation
1903 From General Fund
($273,700)
1904 From Education Fund
($21,111,400)
1905 From General Fund Restricted -- Office of Rehabilitation
1906 Transition Restricted Account
$26,385,100
1907 Schedule of Programs:
1908 Vocational Rehabilitation $5,000,000
1909 The Legislature intends that the State Board of Education may spend up to the amount
1910 appropriated in this item from the General Fund Restricted -- Office of Rehabilitation
1911 Transition Restricted Account for fiscal year 2017, but that expenditures from the account in
1912 this item of appropriation plus expenditures from the account at the Department of Workforce
1913 Services may not exceed the total amount available in the account.
1914 Section 67. Appropriation -- Restricted fund and account transfers.
1915 The Legislature authorizes the Division of Finance to transfer the following amounts
1916 among the following funds or accounts as indicated. Expenditures and outlays from the
1917 recipient funds must be authorized elsewhere in an appropriations act.
1918 Item 3: To General Fund Restricted -- Office of Rehabilitation Transition
1919 Restricted Account
1920 From General Fund, one-time
$21,385,100
1921 From Beginning Nonlapsing Appropriation Balances
$5,000,000
1922 Schedule of Programs:
1923 General Fund Restricted -- Office of Rehabilitation
1924 Transition Restricted Account $26,385,100
1925 The Legislature intends that the fiscal year 2016 ending balances at the Utah State
1926 Office of Rehabilitation within the State Board of Education not lapse and the Division of
1927 Finance transfer those balances into the General Fund Restricted -- Office of Rehabilitation
1928 Transition Restricted Account at the close of fiscal year 2016.
1929 Section 68. Effective date.
1930 (1) Except as provided in Subsections (2) and (3), this bill takes effect on October 1,
1931 2016.
1932 (2) If approved by two-thirds of all the members elected to each house, amendments to
1933 Section 53A-24-601 and Section 53A-24-602 in this bill take effect upon approval by the
1934 governor, or the day following the constitutional time limit of Utah Constitution, Article VII,
1935 Section 8, without the governor's signature, or in the case of a veto, the date of veto override.
1936 (3) Uncodified Section 64, Appropriation -- Operating and capital budgets, and Section
1937 65, Appropriation -- Restricted fund and account transfers, in this bill take effect on July 1,
1938 2016.