Senator Michael K. McKell proposes the following substitute bill:


1     
HUMAN SERVICES FUND AND ACCOUNT AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
House Sponsor: Marsha Judkins

6     

7     LONG TITLE
8     General Description:
9          This bill creates a new fund and account related to human services.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Licensed Provider Assessment Fund and describes how the fund is
14     funded and how the fund may be used; and
15          ▸     creates the Division of Services for People with Disabilities Restricted Account and
16     describes how the fund is funded and how the fund may be used.
17     Money Appropriated in this Bill:
18          This bill appropriates in fiscal year 2024:
19          ▸     to the Department of Health and Human Services -- Long-term Services & Support
20     -- Services for People with Disabilities:
21               •     from Division of Services for People with Disabilities Restricted Account,
22     $3,904,800.
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     ENACTS:
27          62A-2-129, Utah Code Annotated 1953
28          62A-5-112, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 62A-2-129 is enacted to read:
32          62A-2-129. Licensed Provider Assessment Fund -- Creation -- Deposits -- Uses.
33          (1) There is created an expendable special revenue fund known as the "Licensed
34     Provider Assessment Fund" consisting of:
35          (a) the assessments collected under, and any interest and penalties levied with the
36     administration of:
37          (i) Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act;
38          (ii) Title 26, Chapter 39, Utah Child Care Licensing Act; and
39          (iii) Title 62A, Chapter 2, Licensure of Programs and Facilities;
40          (b) money appropriated or otherwise made available by the Legislature; and
41          (c) any interest earned on the fund.
42          (2) Money in the fund may only be used by the department:
43          (a) for upgrades to and maintenance of licensing databases and applications;
44          (b) for training for providers and staff;
45          (c) to assist individuals during a facility shutdown; or
46          (d) for administrative expenses, if the administrative expenses for the fiscal year do not
47     exceed 3% of the money deposited into the fund during the fiscal year.
48          Section 2. Section 62A-5-112 is enacted to read:
49          62A-5-112. Division of Services for People with Disabilities Restricted Account.
50          (1) As used in this section, "account" means the Division of Services for People with
51     Disabilities Restricted Account created in Subsection (2).
52          (2) There is created in the General Fund an account known as the "Division of Services
53     for People with Disabilities Restricted Account."
54          (3) The account consists of:
55          (a) carry forward funds from the division's budget; and
56          (b) unexpended balances lapsed to the account from the division's budget.

57          (4) Subject to appropriation, the Department of Health and Human Services may
58     expend funds from the account to serve individuals eligible for division services statewide.
59          Section 3. Appropriation.
60          The following sums of money are appropriated for the fiscal year beginning July 1,
61     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
62     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
63     Act, the Legislature appropriates the following sums of money from the funds or accounts
64     indicated for the use and support of the government of the state of Utah.
65     To Department of Health and Human Services -- Long-term Services & Support
66          From Division of Services for People with Disabilities Restricted Account
3,904,800

67          Schedule of Programs:
68               Services for People with Disabilities                    3,904,800