1     
SERVICES FOR PEOPLE WITH DISABILITIES

2     
AMENDMENTS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Raymond P. Ward

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions directing the use of funds to serve individuals with
11     disabilities.
12     Highlighted Provisions:
13          This bill:
14          ▸     removes the requirement that the Division of Services for People with Disabilities
15     spend 15% of money appropriated by the Legislature for services for people with
16     disabilities; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          62A-5-102, as last amended by Laws of Utah 2013, Chapter 172
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 62A-5-102 is amended to read:
28          62A-5-102. Division of Services for People with Disabilities -- Creation --
29     Authority -- Direction -- Provision of services.
30          (1) There is created within the department the Division of Services for People with
31     Disabilities, under the administrative direction of the executive director of the department.
32          (2) In accordance with this chapter, the division has the responsibility to plan and
33     deliver an appropriate array of services and supports to [persons] individuals with disabilities
34     and their families in this state.
35          (3) Within appropriations from the Legislature, the division shall provide services to
36     any [person] individual with a disability who is eligible to receive division services.
37          [(4) (a) Starting on July 1, 2013, any new appropriations designated to serve eligible
38     persons waiting for services from the division shall be allocated as set forth in this section.]
39          [(b) Eighty-five percent of the money appropriated in Subsection (4)(a) shall be
40     allocated, as determined by the division by rule based on the:]
41          (4) The division shall establish rules to prioritize the expenditure of resources to an
42     individual described in Subsection (3) based on the:
43          [(i)] (a) severity of the disability;
44          [(ii)] (b) urgency of the need for services;
45          [(iii)] (c) ability of a parent or guardian to provide the [person] individual with
46     appropriate care and supervision; and
47          [(iv)] (d) length of time during which the [person] individual has not received services
48     from the division.
49          [(c) Fifteen percent of the money appropriated in Subsection (4)(a) shall be allocated
50     for respite services, and the division shall:]
51          [(i) establish rules to identify a person whose only need is respite services;]
52          [(ii) allocate money under this Subsection (4)(c) to the people described in Subsection
53     (4)(c)(i) based on random selection; and]
54          [(iii) if all persons described in Subsection (4)(c)(i) have been served and there is
55     money remaining for respite care under this Subsection (4)(c), the division shall use the
56     remaining money as described in Subsection (4)(b).]
57          [(d) Funds from Subsection (4)(b) that are not spent by the division at the end of the
58     fiscal year may be used as set forth in Subsection (7).]
59          (5) The division:
60          (a) has the functions, powers, duties, rights, and responsibilities described in Section
61     62A-5-103; and
62          (b) is authorized to work in cooperation with other state, governmental, and private
63     agencies to carry out the responsibilities described in Subsection (5)(a).
64          (6) Within appropriations authorized by the Legislature, and to the extent allowed
65     under Title XIX of the Social Security Act, the division shall ensure that the services and
66     support that the division provides to any [person] individual with a disability:
67          (a) are provided in the least restrictive and most enabling environment;
68          (b) ensure opportunities to access employment; and
69          (c) enable reasonable personal choice in selecting services and support that:
70          (i) best meet individual needs; and
71          (ii) promote:
72          (A) independence;
73          (B) productivity; and
74          (C) integration in community life.
75          (7) (a) Appropriations to the division are nonlapsing.
76          [(b) If an individual receiving services under Subsection (4)(b) or (c) ceases to receive
77     those services, the division shall use the funds that were allocated to that individual to provide
78     services to another eligible individual waiting for services as described in Subsection (4)(b).]
79          [(c)] (b) Funds unexpended by the division at the end of the fiscal year may be used
80     only for one-time expenditures unless otherwise authorized by the Legislature.
81          [(d)] (c) A one-time expenditure under this section:
82          (i) is not an entitlement;
83          (ii) may be withdrawn at any time; and
84          (iii) may provide short-term, limited services, including:
85          (A) respite care;
86          (B) service brokering;
87          (C) family skill building and preservation classes;
88          (D) after school group services; and
89          (E) other professional services.




Legislative Review Note
Office of Legislative Research and General Counsel