Chief Sponsor: Norman K. Thurston

Senate Sponsor: Daniel W. Thatcher


9     General Description:
10          This bill modifies provisions relating to the funding of Department of Human Services
11     programs.
12     Highlighted Provisions:
13          This bill:
14          ▸     allows the executive director of the Department of Human Services to:
15               •     designate up to three priority programs within the department to receive funds
16     from other department programs that the department determines have
17     unexpended funds from the fiscal year in which the funds were appropriated;
18     and
19               •     reallocate those unexpended funds to one or more of the designated priority
20     programs;
21          ▸     prohibits the department from allocating unexpended funds for personnel costs,
22     with an exception; and
23          ▸     requires the department to provide an annual report on the department's designation
24     of priority programs to receive unexpended funds and on the department's use of
25     reallocated unexpended funds.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None

30     Utah Code Sections Affected:
31     AMENDS:
32          62A-1-111, as last amended by Laws of Utah 2020, Chapter 303
33          63J-1-206, as last amended by Laws of Utah 2020, Chapters 152, 231, 402 and last
34     amended by Coordination Clause, Laws of Utah 2020, Chapter 231
35     ENACTS:
36          62A-1-111.6, Utah Code Annotated 1953

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 62A-1-111 is amended to read:
40          62A-1-111. Department authority.
41          The department may, in addition to all other authority and responsibility granted to the
42     department by law:
43          (1) adopt rules, not inconsistent with law, as the department may consider necessary or
44     desirable for providing social services to the people of this state;
45          (2) establish and manage client trust accounts in the department's institutions and
46     community programs, at the request of the client or the client's legal guardian or representative,
47     or in accordance with federal law;
48          (3) purchase, as authorized or required by law, services that the department is
49     responsible to provide for legally eligible persons;
50          (4) conduct adjudicative proceedings for clients and providers in accordance with the
51     procedures of Title 63G, Chapter 4, Administrative Procedures Act;
52          (5) establish eligibility standards for its programs, not inconsistent with state or federal
53     law or regulations;
54          (6) take necessary steps, including legal action, to recover money or the monetary value
55     of services provided to a recipient who was not eligible;
56          (7) set and collect fees for the department's services;
57          (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,

58     or limited by law;
59          (9) acquire, manage, and dispose of any real or personal property needed or owned by
60     the department, not inconsistent with state law;
61          (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
62     the proceeds thereof, may be credited to the program designated by the donor, and may be used
63     for the purposes requested by the donor, as long as the request conforms to state and federal
64     policy; all donated funds shall be considered private, nonlapsing funds and may be invested
65     under guidelines established by the state treasurer;
66          (11) accept and employ volunteer labor or services; the department is authorized to
67     reimburse volunteers for necessary expenses, when the department considers that
68     reimbursement to be appropriate;
69          (12) carry out the responsibility assigned in the workforce services plan by the State
70     Workforce Development Board;
71          (13) carry out the responsibility assigned by Section 35A-8-602 with respect to
72     coordination of services for the homeless;
73          (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
74     coordination of services for students with a disability;
75          (15) provide training and educational opportunities for the department's staff;
76          (16) collect child support payments and any other money due to the department;
77          (17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
78     whose child lives out of the home in a department licensed or certified setting;
79          (18) establish policy and procedures, within appropriations authorized by the
80     Legislature, in cases where the department is given custody of a minor by the juvenile court
81     under Section 78A-6-117 or ordered to prepare an attainment plan for a minor found not
82     competent to proceed under Section 78A-6-1301; any policy and procedures shall include:
83          (a) designation of interagency teams for each juvenile court district in the state;
84          (b) delineation of assessment criteria and procedures;
85          (c) minimum requirements, and timeframes, for the development and implementation

86     of a collaborative service plan for each minor placed in department custody; and
87          (d) provisions for submittal of the plan and periodic progress reports to the court;
88          (19) carry out the responsibilities assigned to the department by statute;
89          (20) examine and audit the expenditures of any public funds provided to local
90     substance abuse authorities, local mental health authorities, local area agencies on aging, and
91     any person, agency, or organization that contracts with or receives funds from those authorities
92     or agencies. Those local authorities, area agencies, and any person or entity that contracts with
93     or receives funds from those authorities or area agencies, shall provide the department with any
94     information the department considers necessary. The department is further authorized to issue
95     directives resulting from any examination or audit to local authorities, area agencies, and
96     persons or entities that contract with or receive funds from those authorities with regard to any
97     public funds. If the department determines that it is necessary to withhold funds from a local
98     mental health authority or local substance abuse authority based on failure to comply with state
99     or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
100     services. For purposes of this Subsection (20) "public funds" means the same as that term is
101     defined in Section 62A-15-102;
102          (21) pursuant to Subsection 62A-2-106(1)(d), accredit one or more agencies and
103     persons to provide intercountry adoption services;
104          (22) within appropriations authorized by the Legislature, promote and develop a
105     system of care and stabilization services:
106          (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
107          (b) that encompasses the department, department contractors, and the divisions,
108     offices, or institutions within the department, to:
109          (i) navigate services, funding resources, and relationships to the benefit of the children
110     and families whom the department serves;
111          (ii) centralize department operations, including procurement and contracting;
112          (iii) develop policies that govern business operations and that facilitate a system of care
113     approach to service delivery;

114          (iv) allocate resources that may be used for the children and families served by the
115     department or the divisions, offices, or institutions within the department, subject to the
116     restrictions in Section 63J-1-206;
117          (v) create performance-based measures for the provision of services; and
118          (vi) centralize other business operations, including data matching and sharing among
119     the department's divisions, offices, and institutions; [and]
120          (23) ensure that any training or certification required of a public official or public
121     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
122     22, State Training and Certification Requirements, if the training or certification is required:
123          (a) under this title;
124          (b) by the department; or
125          (c) by an agency or division within the department[.]; and
126          (24) reallocate unexpended funds as provided in Section 62A-1-111.6.
127          Section 2. Section 62A-1-111.6 is enacted to read:
128          62A-1-111.6. Reallocating unexpended money to designated priority programs --
129     Reporting -- Limitation.
130          (1) (a) Beginning fiscal year 2022, the department may:
131          (i) designate up to three existing programs, as defined in Section 63J-1-102, within the
132     department as priority programs to receive unrestricted General Fund money that is reallocated
133     under Subsection (1)(a)(ii); and
134          (ii) reallocate unexpended, unrestricted General Fund money from a program in one
135     line item within the department to one or more of the designated priority programs in another
136     line item within the department.
137          (b) The department shall make any reallocation of unexpended money under
138     Subsection (1)(a) before the end of the fiscal year in which the money was appropriated.
139          (c) The department may not make a reallocation under this section if the reallocation:
140          (i) results in the creation of a new program, benefit, or service;
141          (ii) results in a significant expansion of:

142          (A) a program; or
143          (B) the scope or type of benefit or service already provided; or
144          (iii) provides funding for a budget request that the Legislature previously declined.
145          (2) On or before December 1 of each year, the department shall report to the Social
146     Services Appropriations Subcommittee:
147          (a) on the department's designation of priority programs to receive the unexpended
148     money under Subsection (1)(a); and
149          (b) if applicable, on the department's use, during the prior fiscal year, of unexpended
150     money reallocated under Subsection (1).
151          (3) Except in accordance with pay plans developed and adopted as described in
152     Subsection 67-19-12(4)(a), the department may not allocate unexpended money under
153     Subsection (1) for a priority program's personnel costs.
154          Section 3. Section 63J-1-206 is amended to read:
155          63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
156     Transfer of funds -- Exclusion.
157          (1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
158     exempted in the appropriating act:
159          (i) all money appropriated by the Legislature is appropriated upon the terms and
160     conditions set forth in this chapter; and
161          (ii) any department, agency, or institution that accepts money appropriated by the
162     Legislature does so subject to the requirements of this chapter.
163          (b) This section does not apply to:
164          (i) the Legislature and its committees; and
165          (ii) the Investigation Account of the Water Resources Construction Fund, which is
166     governed by Section 73-10-8.
167          (2) (a) Each item of appropriation is to be expended subject to any schedule of
168     programs and any restriction attached to the item of appropriation, as designated by the
169     Legislature.

170          (b) Each schedule of programs or restriction attached to an appropriation item:
171          (i) is a restriction or limitation upon the expenditure of the respective appropriation
172     made;
173          (ii) does not itself appropriate any money; and
174          (iii) is not itself an item of appropriation.
175          (c) (i) An appropriation or any surplus of any appropriation may not be diverted from
176     any department, agency, institution, division, or line item to any other department, agency,
177     institution, division, or line item.
178          (ii) If the money appropriated to an agency to pay lease payments under the program
179     established in Section 63A-5b-703 exceeds the amount required for the agency's lease
180     payments to the Division of Facilities Construction and Management, the agency may:
181          (A) transfer money from the lease payments line item to other line items within the
182     agency; and
183          (B) retain and use the excess money for other purposes.
184          (iii) The executive director of the Department of Human Services may transfer
185     unrestricted General Fund money appropriated to the department between line items within the
186     department in accordance with Section 62A-1-111.6.
187          (d) The money appropriated subject to a schedule of programs or restriction may be
188     used only for the purposes authorized.
189          (e) In order for a department, agency, or institution to transfer money appropriated to it
190     from one program to another program [within a line item], the department, agency, or
191     institution shall revise its budget execution plan as provided in Section 63J-1-209.
192          (f) (i) The procedures for transferring money between programs within a line item as
193     provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
194     Education for the Minimum School Program or capital outlay programs created in Title 53F,
195     Chapter 3, State Funding -- Capital Outlay Programs.
196          (ii) The state superintendent may transfer money appropriated for the programs
197     specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.

198          (3) Notwithstanding Subsection (2)(c)(i):
199          (a) the state superintendent may transfer money appropriated for the Minimum School
200     Program between line items in accordance with Section 53F-2-205;
201          (b) the Department of Administrative Services may transfer money appropriated for the
202     purpose of paying the costs of paid employee postpartum recovery leave under Section
203     67-19-14.7 to another department, agency, institution, or division; and
204          (c) the Department of Administrative Services may transfer or divert money to another
205     department, agency, institution, or division only for the purposes of coordinating and providing
206     a state response to the coronavirus.