Senator Curtis S. Bramble proposes the following substitute bill:


1     
HOMELESS AND TRANSITIONAL HOUSING PROGRAM

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kim F. Coleman

6     
Senate Sponsor: Curtis S. Bramble

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to the Housing and Community Development
11     Division and the Governor's Office of Management and Budget.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     describes duties of the director of the Housing and Community Development
16     Division, including the oversight of a Homeless Management Information System;
17          ▸     creates the position and describes the duties of a chief data officer within the
18     Governor's Office of Management and Budget; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          35A-8-101, as renumbered and amended by Laws of Utah 2012, Chapter 212
27          63J-4-202, as last amended by Laws of Utah 2013, Chapters 12 and 310
28          63J-4-301, as last amended by Laws of Utah 2018, Chapters 423 and 469
29     ENACTS:
30          35A-8-203, Utah Code Annotated 1953
31          63J-4-801, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 35A-8-101 is amended to read:
35          35A-8-101. Definitions.
36          As used in this chapter:
37          (1) "Accessible housing" means housing which has been constructed or modified to be
38     accessible, as described in the State Construction Code or an approved code under Title 15A,
39     State Construction and Fire Codes Act.
40          (2) "Director" means the director of the division.
41          (3) "Division" means the Housing and Community Development Division.
42          (4) "Homeless Management Information System" or "HMIS" means an information
43     technology system that:
44          (a) is used to collect client-level data and data on the provision of housing and services
45     to homeless individuals and families and individuals at risk of homelessness in the state; and
46          (b) meets the requirements of the United States Department of Housing and Urban
47     Development.
48          Section 2. Section 35A-8-203 is enacted to read:
49          35A-8-203. Duties of director.
50          (1) The director shall:
51          (a) coordinate, with the concurrence of the Homeless Coordinating Committee, the
52     provision of homeless services in the state; and
53          (b) oversee, with the concurrence of Continuum of Care organizations approved by the
54     United States Department of Housing and Urban Development, a Homeless Management
55     Information System for the state that:
56          (i) shares client-level data between state agencies, local governments, and private

57     organizations that provide services to homeless individuals and families and individuals at risk
58     of homelessness in the state;
59          (ii) is effective as a case management system;
60          (iii) except for individuals receiving services who are victims of domestic violence,
61     includes an effective authorization protocol for encouraging individuals who are provided with
62     any homeless services in the state to provide accurate information to providers for inclusion in
63     the HMIS as a condition of receiving homeless services; and
64          (iv) meets the requirements of the United States Department of Housing and Urban
65     Development and other federal requirements.
66          (2) In overseeing the provision of homeless services in the state, the director:
67          (a) shall encourage the coordination of the provision of services to homeless
68     individuals among state agencies, local governments, and private organizations;
69          (b) except for a program or provider providing services to victims of domestic
70     violence, may not approve funding to a program or provider that does not enter into a written
71     agreement with the division to collect and share HMIS data regarding the provision of services
72     to homeless individuals; and
73          (c) may deny funding to a program or provider that fails to demonstrate the effective
74     collection and sharing of HMIS data regarding the provision of services to homeless
75     individuals.
76          Section 3. Section 63J-4-202 is amended to read:
77          63J-4-202. Appointment of executive director, state planning coordinator, and
78     inspector general of Medicaid Services.
79          (1) (a) The governor shall appoint, to serve at the governor's pleasure:
80          (i) an executive director of the Governor's Office of Management and Budget; [and]
81          (ii) a state planning coordinator[.]; and
82          (iii) a chief data officer.
83          (b) The state planning coordinator is considered part of the office for purposes of
84     administration.
85          (2) The governor shall establish the executive director's salary within the salary range
86     fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
87          Section 4. Section 63J-4-301 is amended to read:

88          63J-4-301. Duties of the executive director and office.
89          (1) The executive director and the office shall:
90          (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
91     Procedures Act;
92          (b) under the direct supervision of the governor, assist the governor in the preparation
93     of the governor's budget recommendations;
94          (c) review agency budget execution plans as specified in Section 63J-1-209;
95          (d) establish benchmarking practices for measuring operational costs, quality of
96     service, and effectiveness across all state agencies and programs;
97          (e) assist agencies with the development of an operational plan that uses continuous
98     improvement tools and operational metrics to increase statewide capacity and improve
99     interagency integration;
100          (f) review and assess agency budget requests and expenditures using a clear set of goals
101     and measures;
102          (g) develop and maintain enterprise portfolio and electronic information systems to
103     select and oversee the execution of projects, ensure a return on investment, and trace and report
104     performance metrics;
105          (h) coordinate efforts to facilitate the sharing of data between state agencies, local
106     government entities, and other organizations receiving state funding in a manner that improves
107     outcomes and objectives;
108          [(h)] (i) coordinate with the executive directors of the Department of Workforce
109     Services and the Governor's Office of Economic Development to review data and metrics to be
110     reported to the Legislature as described in Subsection 63J-4-708(2)(d); and
111          [(i)] (j) perform other duties and responsibilities as assigned by the governor.
112          (2) (a) The executive director of the Governor's Office of Management and Budget or
113     the executive director's designee is the Federal Assistance Management Officer.
114          (b) In acting as the Federal Assistance Management Officer, the executive director or
115     designee shall:
116          (i) study the administration and effect of federal assistance programs in the state and
117     advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
118     the Executive Appropriations Committee, of alternative recommended methods and procedures

119     for the administration of these programs;
120          (ii) assist in the coordination of federal assistance programs that involve or are
121     administered by more than one state agency; and
122          (iii) analyze and advise on applications for new federal assistance programs submitted
123     to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
124          Section 5. Section 63J-4-801 is enacted to read:
125     
Part 8. State Data Coordination

126          63J-4-801. Duties of the chief data officer.
127          The chief data officer shall:
128          (1) advise and support the executive director and the office in fulfilling the
129     responsibilities described in Subsections 63J-4-301(1)(d), (e), (g), and (h); and
130          (2) perform other duties as assigned by the executive director.