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H.B. 101
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PERSONS WITH A DISABILITY -
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TECHNICAL AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Jackie Biskupski
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AN ACT RELATING TO PERSONS WITH A DISABILITY OR IMPAIRMENT; MAKING
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TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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9-4-602, as renumbered and amended by Chapter 241, Laws of Utah 1992
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9-4-614, as renumbered and amended by Chapter 241, Laws of Utah 1992
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9-4-801, as last amended by Chapters 240 and 243, Laws of Utah 1996
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9-4-802, as last amended by Chapter 36, Laws of Utah 1996
14
9-7-205, as renumbered and amended by Chapter 241, Laws of Utah 1992
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10-9-104, as last amended by Chapter 55, Laws of Utah 1996
16
11-17-1.5, as last amended by Chapter 1, Laws of Utah 1988, Third Special Session
17
11-17-2, as last amended by Chapter 170, Laws of Utah 1996
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17-27-104, as last amended by Chapter 55, Laws of Utah 1996
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17-28-2.6, as enacted by Chapter 115, Laws of Utah 1992
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17-33-3, as enacted by Chapter 81, Laws of Utah 1981
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17-33-5, as last amended by Chapter 182, Laws of Utah 1999
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20A-3-105, as last amended by Chapter 22, Laws of Utah 1999
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26-10-1, as enacted by Chapter 126, Laws of Utah 1981
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26-29-1, as enacted by Chapter 126, Laws of Utah 1981
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26-29-2, as enacted by Chapter 126, Laws of Utah 1981
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26-29-3, as enacted by Chapter 126, Laws of Utah 1981
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26-30-1, as last amended by Chapter 103, Laws of Utah 1988
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26-30-2, as last amended by Chapter 38, Laws of Utah 1989
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26-30-3, as enacted by Chapter 126, Laws of Utah 1981
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31A-22-611, as enacted by Chapter 242, Laws of Utah 1985
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34-38-14, as last amended by Chapter 375, Laws of Utah 1997
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34-40-104, as last amended by Chapter 375, Laws of Utah 1997
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49-1-103, as last amended by Chapter 288, Laws of Utah 1995
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49-5-103, as last amended by Chapter 31, Laws of Utah 1997
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53A-1-402, as enacted by Chapter 2, Laws of Utah 1988
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53A-9-103, as enacted by Chapter 2, Laws of Utah 1988
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53A-11-203, as enacted by Chapter 2, Laws of Utah 1988
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53A-17a-106, as renumbered and amended by Chapter 72, Laws of Utah 1991
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53A-17a-127, as last amended by Chapter 332, Laws of Utah 1999
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53A-20-103, as enacted by Chapter 2, Laws of Utah 1988
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55-5-5, as enacted by Chapter 174, Laws of Utah 1971
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59-10-108, as last amended by Chapter 183, Laws of Utah 1990
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62A-1-111, as last amended by Chapter 106, Laws of Utah 1999
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62A-4a-105, as last amended by Chapters 274 and 370, Laws of Utah 1998
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63B-5-201, as enacted by Chapter 335, Laws of Utah 1996
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75-5-316, as last amended by Chapter 161, Laws of Utah 1997
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78-11-23, as enacted by Chapter 167, Laws of Utah 1983
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-4-602
is amended to read:
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9-4-602. Definitions.
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As used in this part:
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(1) "Area of operation" means:
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(a) in the case of an authority of a city, the city, except that the area of operation of an
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authority of any city does not include any area which lies within the territorial boundaries of some
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other city; or
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(b) in the case of an authority of a county, all of the county for which it is created except,
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that a county authority may not undertake any project within the boundaries of any city unless a
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resolution has been adopted by the governing body of the city (and by any authority which shall
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have been theretofore established and authorized to exercise its powers in the city) declaring that
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there is need for the county authority to exercise its powers within that city.
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(2) "Blighted area" means any area where dwellings predominate which, by reason of
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dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary
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facilities or any combination of these factors, are detrimental to safety, health, and morals.
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(3) "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations
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issued by an authority pursuant to this part.
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(4) "City" means any city or town in the state.
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(5) "Clerk" means the city clerk or the county clerk, or the officer charged with the duties
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customarily imposed on such clerk.
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(6) "County" means any county in the state.
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(7) "Elderly" means a person who meets the age, disability, or other conditions established
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by regulation of the authority.
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(8) "Federal government" includes the United States of America, the Department of
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Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise,
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of the United States.
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(9) "Governing body" means, in the case of a city, the council or other body of the city in
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which is vested legislative authority customarily imposed on the city council, and in the case of
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a county, the board of county commissioners.
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[(11)] (10) "Housing authority" or "authority" means any public body corporate and politic
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created by this part.
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[(12)] (11) (a) "Housing project" or "project" means any work or undertaking, on
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contiguous or noncontiguous sites to:
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(i) demolish, clear, or remove buildings from any blighted area;
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(ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings,
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apartments, or other living accommodations for persons of medium and low income by any
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suitable methods, including but not limited to rental, sale of individual units in single or
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multifamily structures under conventional condominium, cooperative sales contract,
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lease-purchase agreement, loans, or subsidizing of rentals or charges; or
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(iii) accomplish a combination of the foregoing.
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(b) "Housing project" includes:
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(i) buildings, land, equipment, facilities, and other real or personal property for necessary,
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convenient, or desirable appurtenances;
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(ii) streets, sewers, water service, utilities, parks, site preparation and landscaping;
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(iii) facilities for administrative, community, health, recreational, welfare, or other
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purposes;
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(iv) the planning of the buildings and other improvements;
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(v) the acquisition of property or any interest therein; the demolition of existing structures;
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(vi) the construction, reconstruction, rehabilitation, alteration, or repair of the
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improvements and all other work in connection with them; and
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(vii) all other real and personal property and all tangible or intangible assets held or used
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in connection with the housing project.
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[(13)] (12) "Major disaster" means any flood, drought, fire, hurricane, earthquake, storm,
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or other catastrophe which in the determination of the governing body is of sufficient severity and
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magnitude to warrant the use of available resources of the federal, state, and local governments to
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alleviate the damage, hardship, or suffering caused.
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[(14)] (13) "Mayor" means the mayor of the city or the officer charged with the duties
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customarily imposed on the mayor or executive head of a city.
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[(15)] (14) "Obligee of an authority" or "obligee" includes any bondholder, agent or trustee
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for any bondholder, any lessor demising to the authority used in connection with a project, any
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assignee or assignees of the lessor's interest in whole or in part, and the federal government when
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it is a party to any contract with the authority.
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[(16)] (15) "Persons of medium and low income" mean persons or families who, as
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determined by the authority undertaking a project, cannot afford to pay the amounts at which
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private enterprise, unaided by appropriate assistance, is providing a substantial supply of decent,
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safe and sanitary housing.
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[(10) "Handicapped] (16) "Person with a disability" means a person whose functioning
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is substantially impaired, as determined in accordance with regulations established by the
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authority.
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(17) "Public body" means any city, county or municipal corporation, commission, district,
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authority, agency, subdivision, or other body of any of the foregoing.
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(18) "Real property" includes all lands, improvements, and fixtures on them, property of
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any nature appurtenant to them or used in connection with them, and every estate, interest, and
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right, legal or equitable, including terms for years.
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Section 2.
Section
9-4-614
is amended to read:
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9-4-614. Preference for the elderly and persons with a disability.
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(1) For the purpose of increasing the supply of low-rent housing and related facilities for
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medium and low income elderly and [handicapped persons of] medium and low income persons
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with a disability, an authority may exercise any of its powers under this part in projects involving
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dwelling accommodations designed specifically for these persons. [In respect to]
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(2) For dwelling units in any projects suitable to the needs of the elderly or [handicapped]
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persons with a disability, special preference may be extended in admission to those dwelling units
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to these persons of medium and low income.
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Section 3.
Section
9-4-801
is amended to read:
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9-4-801. Creation.
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(1) There is created the Homeless Coordinating Committee.
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(2) (a) The committee shall consist of the state planning coordinator, the state
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superintendent of public instruction, and the executive directors of the Department of Human
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Services, the Department of Community and Economic Development, the Department of
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Workforce Services, and the Department of Health, or their designees.
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(b) The governor shall appoint the chair from among these members.
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(3) The governor may also appoint representatives of local governments, local housing
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authorities, local law enforcement agencies, and of federal and private agencies and organizations
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concerned with the homeless, mentally ill, elderly, single-parent families, substance abusers, and
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[the handicapped] persons with a disability to be members of the committee.
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(4) (a) Except as required by Subsection (4)(b), as terms of current committee members
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expire, the governor shall appoint each new member or reappointed member to a four-year term.
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(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
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of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
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members are staggered so that approximately half of the committee is appointed every two years.
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(c) A person appointed under this Subsection (4) may not be appointed to serve more than
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three consecutive terms.
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(5) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed for the unexpired term.
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(6) (a) (i) Members who are not government employees shall receive no compensation or
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benefits for their services, but may receive per diem and expenses incurred in the performance of
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the member's official duties at the rates established by the Division of Finance under Sections
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63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
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(b) (i) State government officer and employee members who do not receive salary, per
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diem, or expenses from their agency for their service may receive per diem and expenses incurred
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in the performance of their official duties from the committee at the rates established by the
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Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officer and employee members may decline to receive per diem and
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expenses for their service.
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(c) (i) Local government members who do not receive salary, per diem, or expenses from
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the entity that they represent for their service may receive per diem and expenses incurred in the
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performance of their official duties at the rates established by the Division of Finance under
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Sections
63A-3-106
and
63A-3-107
.
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(ii) Local government members may decline to receive per diem and expenses for their
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service.
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Section 4.
Section
9-4-802
is amended to read:
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9-4-802. Purposes of Homeless Coordinating Committee -- Uses of Homeless Trust
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Account.
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(1) (a) The Homeless Coordinating Committee shall work to ensure that services provided
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to the homeless by state agencies, local governments, and private organizations are provided in a
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cost-effective manner.
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(b) Programs funded by the committee shall emphasize emergency housing and
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self-sufficiency, including placement in meaningful employment or occupational training activities
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and, where needed, special services to meet the unique needs of the homeless who are mentally
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ill and those who are in families with children.
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(c) The committee may also fund treatment programs to ameliorate the effects of substance
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abuse or a [handicap] disability.
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(2) The committee designated in Subsection
9-4-801
(2) [is responsible for awarding] shall:
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(a) award contracts funded by the Homeless Trust Account[. The committee shall award
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contracts] with the advice and input of those designated in Subsection
9-4-801
(3)[, and shall];
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(b) consider need, diversity of geographic location, coordination with or enhancement of
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existing services, and the extensive use of volunteers[. Priority]; and
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(c) give priority for funding [shall be given] to programs that serve the homeless who are
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mentally ill and who are in families with children.
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(3) (a) In any fiscal year, no more than 80% of the funds in the Homeless Trust Account
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may be allocated to organizations that provide services only in Salt Lake, Davis, Weber, and Utah
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Counties.
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(b) The committee may:
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(i) expend up to 3% of its annual appropriation for administrative costs associated with
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the allocation of funds from the Homeless Trust Account[. The committee may]; and
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(ii) pay for the initial costs of the State Tax Commission in implementing Section
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59-10-530.5
[out of] from the Homeless Trust Account.
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(4) (a) The committee may not expend, except as provided in Subsection (4)(b), an amount
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equal to the greater of $50,000 or 20% of the amount donated to the Homeless Trust Account
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during fiscal year 1988-89.
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(b) [The] If there are decreases in contributions to the fund, the committee may expend
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funds held in reserve to provide program stability [in the event of decreases in contributions to the
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fund], but the committee shall reimburse the amounts of those expenditures to the reserve fund [the
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amount of any such expenditure].
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(5) The committee shall make an annual report to the Economic Development and Human
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Resources Appropriations Subcommittee regarding the programs and services funded by
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contributions to the Homeless Trust Account.
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Section 5.
Section
9-7-205
is amended to read:
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9-7-205. Duties of board and director.
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(1) The board shall:
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(a) promote, develop, and organize a state library and make provisions for its housing;
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(b) promote and develop library services throughout the state in cooperation with any and
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all other state or municipal libraries, schools, or other agencies wherever practical;
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(c) promote the establishment of district, regional, or multicounty libraries as conditions
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within particular areas of the state may require;
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(d) supervise the books and materials of the state library and require careful and complete
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records of the condition and affairs of the state library to be kept;
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(e) establish policies for the administration of the division and for the control, distribution,
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and lending of books and materials to those libraries, institutions, groups, or individuals entitled
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to them under this chapter;
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(f) serve as the agency of the state for the administration of any state or federal funds
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which may be appropriated to further library development within the state;
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(g) aid and provide general advisory assistance in the development of statewide school
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library service and encourage contractual and cooperative relations between school and public
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libraries;
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(h) give assistance, advice, and counsel to all tax-supported libraries of any type within
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the state and to all communities or persons proposing to establish them and conduct courses and
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institutes on the approved methods of operation, selection of books, or other activities necessary
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to the proper administration of a library;
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(i) furnish or contract for the furnishing of library or information service to state officials,
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state departments, or any groups that in the opinion of the director warrant the furnishing of those
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services, particularly through the facilities of traveling libraries to those parts of the state otherwise
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inadequately supplied by libraries;
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(j) where sufficient need exists and if the director considers it advisable, establish and
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maintain special departments in the state library to provide services for the blind [and physically
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handicapped], visually impaired, persons with a physical disability, and professional, occupational,
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and other groups;
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(k) administer a depository library program by collecting state publications, and providing
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a bibliographic information system;
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(l) require that information and statistics necessary to the work of the state library be
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collected, and that findings and reports be published;
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(m) make any report concerning the activities of the state library to the governor as he may
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require; and
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(n) develop standards for public libraries.
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(2) The director shall, under the policy direction of the board, carry out the responsibilities
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under Subsection (1).
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Section 6.
Section
10-9-104
is amended to read:
247
10-9-104. Stricter requirements.
248
(1) Except as provided in Subsection (2), municipalities may enact ordinances imposing
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stricter requirements or higher standards than are required by this chapter.
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(2) A municipality may not impose stricter requirements or higher standards than are
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required by:
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(a) Section
10-9-106
;
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(b) Section
10-9-106.5
;
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(c) Part 5, Residential Facilities for Elderly [Persons]; and
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(d) Part 6, Residential Facilities for [Handicapped] Persons with a Disability.
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Section 7.
Section
11-17-1.5
is amended to read:
257
11-17-1.5. Purpose of chapter.
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(1) The purposes of this chapter are to stimulate the economic growth of the state [of
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Utah], to promote employment and achieve greater industrial development in the state [of Utah],
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to maintain or enlarge domestic or foreign markets for Utah industrial products, to authorize
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municipalities and counties in the state to facilitate capital formation, finance, acquire, own, lease,
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or sell projects for the purpose of reducing, abating, or preventing pollution and to protect and
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promote the health, welfare, and safety of the citizens of the state and to improve local health and
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the general welfare by inducing corporations, persons, or entities engaged in health care services,
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including hospitals, nursing homes, extended care facilities, facilities for the care of [physically
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and mentally handicapped] persons with a physical or mental disability, and administrative and
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support facilities, to locate, relocate, modernize, or expand in this state and to assist in the
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formation of investment capital with respect thereto. The Legislature hereby finds and declares
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that the acquisition or financing, or both, of projects under the Utah Industrial Facilities and
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Development Act and the issuance of bonds under it constitutes a proper public purpose.
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(2) It is declared that the policy of the state [of Utah] is to encourage the development of
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free enterprise and entrepreneurship for the purpose of the expansion of employment opportunities
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and economic development. It is found and declared that there exists in the state [of Utah] an
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inadequate amount of locally managed, pooled venture capital in the private sector available to
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invest in early stage businesses having high growth potential and which can provide jobs for Utah
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citizens. It is found that such venture capital is required for healthy economic development of
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sectors of the economy having high growth and employment potential. It is further found that the
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public economic development purposes of the state and its counties and municipalities can be
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fostered by the sale of industrial revenue bonds for the purpose of providing funding for locally
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managed, pooled new venture and economic development funds in accordance with the provisions
281
of this act. It is found and declared that in order to assure adequate investment of private capital
282
for such uses, cooperation between private enterprise and state and local government is necessary
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and in the public interest and that the facilitation of such capital accumulation is the appropriate
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activity of the counties and municipalities of this state and also of the Utah Division of Business
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and Economic Development, a division of the Utah Department of Community and Economic
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Development.
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It is found that venture capital funds historically, because of the more intensive nature of
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their relationship with companies in which they invest, tend to concentrate their investments within
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a relatively close geographical area to their headquarters location.
290
It is found and declared that investors in economic development or new venture investment
291
funds require for the overall security of their investments reasonable diversification of investment
292
portfolios and that, in the course of such diversification, investments are often syndicated or jointly
293
made among several financial institutions or funds. It is expressly found and declared that an
294
economic development or new venture investment fund must from time to time for its optimal
295
profitability and efficiency (which are important for the security and profit of bond purchasers
296
providing funds therefor) cooperate with others who may be located outside [the state of] Utah or
297
the county or municipality where [such] the fund is headquartered in the making of investments
298
and that [such] the fund must be free in the interests of reciprocal relationships with other financial
299
institutions and diversification of risks to invest from time to time in enterprises which are located
300
outside [the state of] Utah or [such] the counties or municipalities. It is specifically found that
301
such activity by a locally-managed fund, funded in whole or in part with the proceeds of bonds
302
sold pursuant to this chapter, is within the public purposes of the state [of Utah] and any county
303
or municipality offering [such] the bonds, provided that [such] the fund locates within the state [of
304
Utah] or [such] the county or municipality its headquarters where its actual investment decisions
305
and management functions occur and limits the aggregate amount of its investments in companies
306
located outside the state [of Utah] to an amount which in the aggregate does not exceed the
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aggregate amount of investments made by institutions and funds located outside the state [of Utah]
308
in Utah companies, which said locally managed fund has sponsored or in which it has invested and
309
which it has brought to the attention of investors outside the state [of Utah].
310
Section 8.
Section
11-17-2
is amended to read:
311
11-17-2. Definitions.
312
As used in this chapter:
313
(1) "Bonds" means bonds, notes, or other evidences of indebtedness.
314
(2) "Finance" or "financing" includes the issuing of bonds by a municipality, county, or
315
state university for the purpose of using a portion, or all or substantially all of the proceeds to pay
316
for or to reimburse the user or its designee for the costs of the acquisition of facilities of a project,
317
or to create funds for the project itself where appropriate, whether these costs are incurred by the
318
municipality, the county, the state university, the user, or a designee of the user. If title to or in
319
these facilities at all times remains in the user, the bonds of the municipality or county shall be
320
secured by a pledge of one or more notes, debentures, bonds, other secured or unsecured debt
321
obligations of the user, or such sinking fund or other arrangement as in the judgment of the
322
governing body is appropriate for the purpose of assuring repayment of the bond obligations to
323
investors in accordance with their terms.
324
(3) "Governing body" means the board or body in which the general legislative powers of
325
the municipality or county are vested. In the case of state universities to which this chapter
326
applies, "governing body" means the board or body having the control and supervision of the
327
University of Utah and Utah State University and, with reference to a nonprofit corporation or
328
foundation created by and operating under the auspices of a state university, the board of directors
329
or board of trustees of that corporation or foundation.
330
(4) "Industrial park" means land, including all necessary rights, appurtenances, easements,
331
and franchises relating to it, acquired and developed by any municipality, county, or state
332
university for the establishment and location of a series of sites for plants and other buildings for
333
industrial, distribution, and wholesale use. There may be included as part of the development of
334
the land for any industrial park under this chapter the acquisition and provision of water, sewerage,
335
drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or
336
docking facilities, or any combination of them, but only to the extent that these facilities are
337
incidental to the use of the land as an industrial park.
338
(5) "Mortgage" means a mortgage, trust deed, or other security device.
339
(6) "Municipality" means any incorporated city or town in the state, including cities or
340
towns operating under home rule charters.
341
(7) "Pollution" means any form of environmental pollution including, but not limited to,
342
water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation
343
contamination, or noise pollution.
344
(8) "Project" means:
345
(a) any industrial park, land, interest in land, building, structure, facility, system, fixture,
346
improvement, appurtenance, machinery, equipment, or any combination of them, whether or not
347
in existence or under construction:
348
(i) [which] that is suitable for industrial, manufacturing, warehousing, research, business,
349
and professional office building facilities, commercial, shopping services, food, lodging, low
350
income rental housing, recreational, or any other business purposes;
351
(ii) [which] that is suitable to provide services to the general public;
352
(iii) [which] that is suitable for use by any corporation, person, or entity engaged in health
353
care services, including hospitals, nursing homes, extended care facilities, facilities for the care of
354
[physically and mentally handicapped] persons with a physical or mental disablity, and
355
administrative and support facilities; or
356
(iv) which is suitable for use by a state university for the purpose of aiding in the
357
accomplishment of its authorized academic, scientific, engineering, technical, and economic
358
development functions, but "project" does not include any property, real, personal, or mixed, for
359
the purpose of the construction, reconstruction, improvement, or maintenance of a public utility
360
as defined in Section
54-2-1
, except aircraft carriers as defined in Title 54, Chapter 2, and except
361
as provided in Subsection (8)(b);
362
(b) any land, interest in land, building, structure, facility, system, fixture, improvement,
363
appurtenance, machinery, equipment, or any combination of them, used by any individual,
364
partnership, firm, company, corporation, public utility, association, trust, estate, political
365
subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for
366
the reduction, abatement, or prevention of pollution, including, but not limited to, the removal or
367
treatment of any substance in process material, if that material would cause pollution if used
368
without the removal or treatment;
369
(c) facilities, machinery, or equipment, the manufacturing and financing of which will
370
maintain or enlarge domestic or foreign markets for Utah industrial products; or
371
(d) any economic development or new venture investment fund to be raised other than
372
from:
373
(i) municipal or county general fund moneys;
374
(ii) moneys raised pursuant to the taxing power of any county or municipality; or
375
(iii) moneys raised against the general credit of any county or municipality.
376
(9) "State university" means the University of Utah and Utah State University and includes
377
any nonprofit corporation or foundation created by and operating under their authority.
378
(10) "User" means the person, whether natural or corporate, who will occupy, operate,
379
maintain, and employ the facilities of, or manage and administer a project after the financing,
380
acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise.
381
Section 9.
Section
17-27-104
is amended to read:
382
17-27-104. Stricter requirements.
383
(1) Except as provided in Subsection (2), counties may enact ordinances imposing stricter
384
requirements or higher standards than are required by this chapter.
385
(2) A county may not impose stricter requirements or higher standards than are required
386
by:
387
(a) Section
17-27-105
;
388
(b) Section
17-27-105.5
;
389
(c) Part 5, Residential Facilities for Elderly [Persons]; and
390
(d) Part 6, Residential Facilities for [Handicapped] Persons with a Disability.
391
Section 10.
Section
17-28-2.6
is amended to read:
392
17-28-2.6. Merit principles.
393
The County Fire Civil Service System shall be established and administered in a manner
394
that will provide for the effective implementation of the following merit principles:
395
(1) recruiting, selecting, and advancing employees on the basis of their relative ability,
396
knowledge, and skills, including open consideration of qualified applicants for initial appointment;
397
(2) provision of equitable and adequate job classification and compensation systems,
398
including pay and benefits programs;
399
(3) training of employees as needed to assure high-quality performance;
400
(4) retention of employees on the basis of the adequacy of their performance and
401
separation of employees whose inadequate performance cannot be corrected;
402
(5) fair treatment of applicants and employees in all aspects of personal administration
403
without regard to race, color, religion, sex, national origin, political affiliation, age, or [handicap]
404
disability, and with proper regard for their privacy and constitutional rights as citizens;
405
(6) provision of information to employees regarding their political rights and prohibited
406
practices under the Hatch Act; and
407
(7) provision of a formal procedure for processing the appeals and grievances of
408
employees without discrimination, coercion, restraint, or reprisal.
409
Section 11.
Section
17-33-3
is amended to read:
410
17-33-3. Merit principles.
411
It is the policy of this state that each county may establish a personnel system administered
412
in a manner that will provide for the effective implementation of the following merit principles:
413
(1) recruiting, selecting, and advancing employees on the basis of their relative ability,
414
knowledge, and skills, including open consideration of qualified applicants for initial appointment;
415
(2) provision of equitable and adequate compensation;
416
(3) training of employees as needed to assure high-quality performance;
417
(4) retention of employees on the basis of the adequacy of their performance, and
418
separation of employees whose inadequate performance cannot be corrected;
419
(5) fair treatment of applicants and employees in all aspects of personnel administration
420
without regard to race, color, religion, sex, national origin, political affiliation, age, or [handicap]
421
disability, and with proper regard for their privacy and constitutional rights as citizens;
422
(6) provision of information to employees regarding their political rights and prohibited
423
practices under the Hatch Act; and
424
(7) provision of a formal procedure for processing the appeals and grievances of
425
employees without discrimination, coercion, restraint, or reprisal.
426
Section 12.
Section
17-33-5
is amended to read:
427
17-33-5. Office of personnel management -- Director -- Appointment and
428
responsibilities -- Personnel rules.
429
(1) (a) Each county legislative body shall:
430
(i) create an office of personnel management, administered by a director of personnel
431
management; and
432
(ii) ensure that the director is a person with proven experience in personnel management.
433
(b) (i) Beginning July 1, 1993, the county legislative body shall appoint a director of
434
personnel management to serve a four-year term.
435
(ii) At the expiration of any four-year term, the county legislative body may reappoint that
436
director to another four-year term or may appoint a new director.
437
(iii) If the position of director of personnel management becomes vacant for any reason
438
before the four-year term expires, the county legislative body shall appoint a person to complete
439
the unexpired term by following the procedures and requirements of this section.
440
(c) The career service council shall:
441
(i) advertise and recruit for the director position in the same manner as for merit positions;
442
(ii) select three names from a register; and
443
(iii) submit those names as recommendations to the county legislative body.
444
(d) The county legislative body shall select a person to serve as director of the office of
445
personnel management from the names submitted to it by the career service council.
446
(2) The director of personnel management shall:
447
(a) encourage and exercise leadership in the development of expertise in personnel
448
administration within the several departments, offices, and agencies in the county service and make
449
available the facilities of the office of personnel management to this end;
450
(b) advise the county legislative and executive bodies on the use of human resources;
451
(c) develop and implement programs for the improvement of employee effectiveness, such
452
as training, safety, health, counseling, and welfare;
453
(d) investigate periodically the operation and effect of this law and of the policies made
454
under it and report findings and recommendations to the county legislative body;
455
(e) establish and maintain records of all employees in the county service, setting forth as
456
to each employee class, title, pay or status, and other relevant data;
457
(f) make an annual report to the county legislative body regarding the work of the
458
department; and
459
(g) apply and carry out this law and the policies under it and perform any other lawful acts
460
that are necessary to carry out the provisions of this law.
461
(3) (a) (i) The director shall issue personnel rules for the county.
462
(ii) The county legislative body may approve, amend, or reject those rules before they are
463
implemented.
464
(b) The rules shall provide for:
465
(i) recruiting efforts to be planned and carried out in a manner that assures open
466
competition, with special emphasis to be placed on recruiting efforts to attract minorities, women,
467
[handicapped] persons with a disability, or other groups that are substantially underrepresented in
468
the county work force to help assure they will be among the candidates from whom appointments
469
are made;
470
(ii) the establishment of job related minimum requirements wherever practical, which all
471
successful candidates shall be required to meet in order to be eligible for consideration for
472
appointment or promotion;
473
(iii) selection procedures that include consideration of the relative merit of each applicant
474
for employment, a job related method of determining the eligibility or ineligibility of each
475
applicant, and a valid, reliable, and objective system of ranking eligibles according to their
476
qualifications and merit;
477
(iv) certification procedures that insure equitable consideration of an appropriate number
478
of the most qualified eligibles based on the ranking system;
479
(v) appointments to positions in the career service by selection from the most qualified
480
eligibles certified on eligible lists established in accordance with Subsections (3)(b)(iii) and (iv);
481
(vi) noncompetitive appointments in the occasional instance where there is evidence that
482
open or limited competition is not practical, such as for unskilled positions for which there are no
483
minimum job requirements;
484
(vii) limitation of competitions at the discretion of the director for appropriate positions
485
to facilitate employment of qualified applicants with a substantial physical or mental impairment,
486
or other groups protected by Title VII of the Civil Rights Act;
487
(viii) permanent appointment for entry to the career service which shall be contingent upon
488
satisfactory performance by the employee during a period of six months, with the probationary
489
period extendable for a period not to exceed six months for good cause, but with the condition that
490
the probationary employee may appeal directly to the council any undue prolongation of the period
491
designed to thwart merit principles;
492
(ix) temporary, provisional, or other noncareer service appointments, which may not be
493
used as a way of defeating the purpose of the career service and may not exceed 90 days, with the
494
period extendable for a period not to exceed an additional 90 days for good cause;
495
(x) lists of eligibles normally to be used, if available, for filling temporary positions, and
496
short term emergency appointments to be made without regard to the other provisions of law to
497
provide for maintenance of essential services in an emergency situation where normal procedures
498
are not practical, these emergency appointments not to exceed 90 days, with that period extendable
499
for a period not to exceed an additional 90 days for good cause;
500
(xi) promotion and career ladder advancement of employees to higher level positions and
501
assurance that all persons promoted are qualified for the position;
502
(xii) recognition of the equivalency of other merit processes by waiving, at the discretion
503
of the director, the open competitive examination for placement in the career service positions who
504
were originally selected through a competitive examination process in another governmental entity,
505
the individual in those cases, to serve a probationary period;
506
(xiii) preparation, maintenance, and revision of a position classification plan for all
507
positions in the career service, based upon similarity of duties performed and responsibilities
508
assumed, so that the same qualifications may reasonably be required for, and the same schedule
509
of pay may be equitably applied to, all positions in the same class, the compensation plan, in order
510
to maintain a high quality public work force, to take into account the responsibility and difficulty
511
of the work, the comparative pay and benefits needed to compete in the labor market and to stay
512
in proper alignment with other similar governmental units, and other factors;
513
(xiv) keeping records of performance on all employees in the career service and requiring
514
consideration of performance records in determining salary increases, any benefits for meritorious
515
service, promotions, the order of layoffs and reinstatements, demotions, discharges, and transfers;
516
(xv) establishment of a plan governing layoffs resulting from lack of funds or work,
517
abolition of positions, or material changes in duties or organization, and governing reemployment
518
of persons so laid off, taking into account with regard to layoffs and reemployment the relative
519
ability, seniority, and merit of each employee;
520
(xvi) establishment of a plan for resolving employee grievances and complaints with final
521
and binding decisions;
522
(xvii) establishment of disciplinary measures such as suspension, demotion in rank or
523
grade, or discharge, such measures to provide for presentation of charges, hearing rights, and
524
appeals for all permanent employees in the career service to the career service council;
525
(xviii) establishment of a procedure for employee development and improvement of poor
526
performance;
527
(xix) establishment of hours of work, holidays, and attendance requirements in various
528
classes of positions in the career service;
529
(xx) establishment and publicizing of fringe benefits such as insurance, retirement, and
530
leave programs; and
531
(xxi) any other requirements not inconsistent with this law that are proper for its
532
enforcement.
533
Section 13.
Section
20A-3-105
is amended to read:
534
20A-3-105. Marking and depositing ballots.
535
(1) (a) If paper ballots are used, the voter, upon receipt of the ballot, shall go to a voting
536
booth and prepare the voter's ballot by marking the appropriate position with a mark opposite the
537
name of each candidate of the voter's choice for each office to be filled.
538
(b) A mark is not required opposite the name of a write-in candidate.
539
(c) If a ballot proposition is submitted to a vote of the people, the voter shall mark in the
540
appropriate square with a mark opposite the answer the voter intends to make.
541
(d) The voter shall fold the ballot before leaving the booth so its contents are concealed
542
and the stub can be removed.
543
(2) (a) (i) If ballot cards are used, the voter shall insert the ballot card into the voting
544
device and mark the ballot card according to the instructions provided on the device.
545
(ii) If the voter is issued a ballot card with a long stub without a secrecy envelope, the voter
546
shall record any write-in votes on the long stub.
547
(iii) If the voter is issued a ballot card with a secrecy envelope, the voter shall record any
548
write-in votes on the secrecy envelope.
549
(b) After the voter has marked the ballot card, the voter shall either:
550
(i) place the ballot card inside the secrecy envelope, if one is provided; or
551
(ii) fold the long stub over the face of the ballot card to maintain the secrecy of the vote
552
if the voter is issued a ballot card with a long stub without a secrecy envelope.
553
(3) (a) After preparation of the ballot, the voter shall:
554
(i) leave the voting booth; and
555
(ii) announce his name to the election judge in charge of the ballot box.
556
(b) The election judge in charge of the ballot box shall:
557
(i) clearly and audibly announce the name of the voter and the number on the stub of the
558
voter's ballot;
559
(ii) if the stub number on the ballot corresponds with the number previously recorded in
560
the official register, and bears the initials of the election judge, remove the stub from the ballot;
561
and
562
(iii) return the ballot to the voter.
563
(c) The voter shall, in full view of the election judges, cast his vote by depositing the ballot
564
in the ballot box.
565
(d) (i) The election judge may not accept a ballot from which the stub has been detached.
566
(ii) The election judge shall treat a ballot from which the stub has been detached as a
567
spoiled ballot and shall provide the voter with a new ballot and dispose of the spoiled ballot as
568
provided in Section
20A-3-107
.
569
(4) A voter voting a paper ballot in a regular primary election shall, after marking the
570
ballot:
571
(a) (i) detach the part of the paper ballot containing the names of the candidates of the
572
party he has voted from the remainder of the paper ballot;
573
(ii) fold that portion of the paper ballot so that its face is concealed; and
574
(iii) deposit it in the ballot box; and
575
(b) (i) fold the remainder of the paper ballot, containing the names of the candidates of the
576
parties that the elector did not vote; and
577
(ii) deposit it in a separate ballot box that is marked and designated as a blank ballot box.
578
(5) (a) Each voter shall mark and deposit the ballot without delay and leave the voting area
579
after voting.
580
(b) A voter may not:
581
(i) occupy a voting booth occupied by another, except as provided in Section
20A-3-108
;
582
(ii) remain within the voting area more than ten minutes; or
583
(iii) occupy a voting booth for more than five minutes if all booths are in use and other
584
voters are waiting to occupy them.
585
(6) If the official register shows any voter as having voted, that voter may not reenter the
586
voting area during that election unless that voter is an election official or watcher.
587
(7) The election judges may not allow more than four voters more than the number of
588
voting booths into the voting area at one time unless those excess voters are election officials,
589
watchers, or are assisting [handicapped] voters with a disability.
590
Section 14.
Section
26-10-1
is amended to read:
591
26-10-1. Definitions.
592
As used in this chapter:
593
(1) "Maternal and child health services" means:
594
(a) the provision of educational, preventative, diagnostic, and treatment services, including
595
medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating
596
services directed toward reducing infant mortality and improving the health of mothers and
597
children provided, however, that nothing in this section shall be construed to allow any agency of
598
the state to interfere with the rights of the parent of an unmarried minor in decisions about the
599
providing of health information or services;
600
(b) the development, strengthening, and improvement of standards and techniques relating
601
to [such] the services and care;
602
(c) the training of personnel engaged in the provision, development, strengthening, or
603
improvement of [such] the services and care; and
604
(d) necessary administrative services connected with Subsections (1)(a), (b), and (c) [of
605
this subsection].
606
(2) "Crippled children's services" means:
607
(a) the early location of crippled children, provided that any program of prenatal diagnosis
608
for the purpose of detecting the possible disease or [handicaps] disabilities of an unborn child will
609
not be used for screening, but rather will be utilized only when there are medical or genetic
610
indications which warrant diagnosis;
611
(b) the provision for [such] the children of preventive, diagnosis, and treatment services,
612
including medical care, hospitalization, and other institutional care and aftercare, appliances, and
613
facilitating services directed toward the diagnosis of the condition of [such] the children or toward
614
the restoration of [such] the children to maximum physical and mental health;
615
(c) the development, strengthening, and improvement of standards and techniques relating
616
to [such] the services and care;
617
(d) the training of personnel engaged in the provision, development, strengthening, or
618
improvement of [such] the services and care; and
619
(e) necessary administrative services connected with Subsections (2)(a), (b), and (c) [of
620
this subsection].
621
Section 15.
Section
26-29-1
is amended to read:
622
CHAPTER 29. ELIMINATION OF ARCHITECTURAL BARRIERS FOR PERSONS
623
WITH A DISABILITY
624
26-29-1. Buildings and facilities to which chapter applies -- Standards available to
625
interested parties -- Building board staff to advise, review, and approve plans when possible.
626
(1) (a) The standards in this chapter [shall] apply to all buildings and facilities used by the
627
public [which] that are constructed or remodeled in whole or in part by the use of state funds, or
628
the funds of any political subdivision of the state.
629
(b) All [such] of those buildings and facilities constructed in Utah after May 12, 1981,
630
shall conform to the standard prescribed in this chapter except buildings [or], facilities, or portions
631
[thereof] of them, not intended for public use, including[, but not limited to,]:
632
(i) caretaker dwellings[,];
633
(ii) service buildings[,]; and
634
(iii) heating plants[, constructed in this state after the effective date of this act shall
635
conform to each of the standards prescribed herein].
636
(2) [These standards shall be adhered to in those buildings and facilities under construction
637
on the effective date of this act, unless the authority responsible for the construction shall
638
determine that the construction has reached a state where compliance is impractical.] This chapter
639
[shall apply] applies to temporary or emergency construction as well as permanent buildings.
640
(3) [These] (a) The standards [shall be adhered to in] established in this chapter apply to
641
the remodeling or alteration of any existing building or facility within the jurisdictions set forth
642
in this chapter where [such] the remodeling or alteration will affect an area of the building or
643
facility in which there are architectural barriers for [the physically handicapped] persons with a
644
physical disability.
645
(b) If the remodeling involves less than 50% of the space of the building or facility, only
646
the areas being remodeled need comply with the standards.
647
(c) If remodeling involves 50% or more of the space of the building or facility, the entire
648
building or facility shall be brought into compliance with the standards [provided in this act].
649
(4) (a) All individuals and organizations are encouraged to apply the standards prescribed
650
[herein] in this chapter to all buildings used by the public, but [which may be] that are financed
651
from other than public funds. [To this end the]
652
(b) The State Building Board shall:
653
(i) make the standards [of] established by this chapter available to interested individuals
654
and organizations; and [shall,]
655
(ii) upon request and to the extent possible, make available the services of the building
656
board staff to advise, review, and approve plans and specifications [with respect to meeting] in
657
order to comply with the standards of this chapter.
658
Section 16.
Section
26-29-2
is amended to read:
659
26-29-2. Purpose of chapter.
660
(1) This chapter is concerned with nonambulatory disabilities, semiambulatory disabilities,
661
sight disabilities, hearing disabilities, disabilities of incoordination, and aging.
662
(2) It is intended to make all buildings and facilities covered by this chapter accessible to,
663
and functional for, [the physically handicapped] persons with a physical disability.
664
Section 17.
Section
26-29-3
is amended to read:
665
26-29-3. Basis for standards.
666
The standards of this chapter [shall be] are the current edition of planning and design
667
criteria to prevent architectural barriers for the aged and [the physically handicapped] persons with
668
a physical disability, as promulgated by the State Building Board.
669
Section 18.
Section
26-30-1
is amended to read:
670
26-30-1. Physically disabled persons' rights and privileges.
671
(1) The blind, visually [handicapped] impaired, hearing impaired, or otherwise physically
672
disabled person has the same rights and privileges in the use of highways, streets, sidewalks,
673
walkways, public buildings, public facilities, and other public areas as able-bodied persons.
674
(2) The blind, visually [handicapped] impaired, hearing impaired, or otherwise physically
675
disabled person has equal rights to accommodations, advantages, and facilities offered by common
676
carriers, including air carriers, railroad carriers, motor buses, motor vehicles, water carriers, and
677
all other modes of public conveyance in this state.
678
(3) The blind, visually [handicapped] impaired, hearing impaired, or otherwise physically
679
disabled person has equal rights to accommodations, advantages, and facilities offered by hotels,
680
motels, lodges, and all other places of public accommodation in this state, and to places of
681
amusement or resort to which the public is invited.
682
(4) (a) The blind, visually [handicapped] impaired, hearing impaired, or otherwise
683
physically disabled person has equal rights and access to public and private housing
684
accommodations offered for rent, lease, or other compensation in this state.
685
(b) This chapter does not require a person renting, leasing, or selling private housing or
686
real property to modify [his] the housing or property in order to accommodate a blind, visually
687
[disabled] impaired, hearing impaired, or otherwise physically disabled person, or to provide a
688
higher degree of care for that person than for a person who is not physically disabled. [However,
689
a]
690
(c) A person renting, leasing, or selling private housing or real property to a blind, visually
691
[disabled] impaired, hearing impaired, or otherwise physically disabled person, shall comply with
692
the provisions of Section
26-30-2
, regarding the right of those persons to be accompanied by a
693
guide or service dog specially trained for that purpose.
694
Section 19.
Section
26-30-2
is amended to read:
695
26-30-2. Right to be accompanied by guide or service dog or dog in training.
696
(1) (a) The blind, visually [handicapped] impaired, hearing impaired, or otherwise
697
physically disabled person has the right to be accompanied by a guide or service dog, specially
698
trained for that purpose, in any of the places specified in Section
26-30-1
without additional charge
699
for the guide or service dog.
700
(b) This section does not prohibit an owner or lessor of private housing accommodations
701
from charging a reasonable deposit as security for any damage or wear and tear that might be
702
caused by the dog. [However, an]
703
(c) An owner or lessor of private housing accommodations may not, in any manner,
704
discriminate against a blind, visually [handicapped] impaired, hearing impaired, or otherwise
705
physically disabled person on the basis of [his] the person's possession of a guide or service dog
706
specially trained for that purpose.
707
(2) A person, whether or not [he] the person is blind, visually [handicapped] impaired,
708
hearing impaired, or otherwise physically disabled, has the right to be accompanied by a pup or
709
dog that is in training to become a guide or service dog in any of the places specified in Section
710
26-30-1
without additional charge for the dog.
711
(3) A blind, visually [handicapped] impaired, hearing impaired, or otherwise physically
712
disabled person is liable for any loss or damage caused or inflicted to the premises by his guide or
713
service dog.
714
(4) Persons accompanied by a specially trained guide or service dog, or by a pup or dog
715
that is in training to become a guide or service dog, may first be required to identify the dog by
716
exhibiting the dog's laminated identification card or other form of identification, before these
717
provisions apply.
718
Section 20.
Section
26-30-3
is amended to read:
719
26-30-3. Policy of state to employ blind and disabled.
720
It is the policy of this state that the blind, visually [handicapped] impaired, and otherwise
721
physically disabled shall be employed in the state service, the service of the political subdivisions
722
of the state, in the public schools, and in all other employment supported in whole or in part by
723
public funds on the same terms and conditions as the able-bodied, unless it is shown that the
724
particular disability prevents the performance of the work involved.
725
Section 21.
Section
31A-22-611
is amended to read:
726
31A-22-611. Policy extension for children with a disability.
727
(1) Every disability insurance policy or contract that provides that coverage of a dependent
728
child of a person insured under the policy shall:
729
(a) terminate upon reaching a limiting age as specified in the policy[, shall]; and
730
(b) also provide that the age limitation does not terminate the coverage of a dependent
731
child while the child is and continues to be both:
732
[(a)] (i) incapable of self-sustaining employment because of mental retardation or physical
733
[handicap] disability; and
734
[(b)] (ii) chiefly dependent upon the person insured under the policy for support and
735
maintenance.
736
(2) The insurer may require proof of the incapacity and dependency be furnished by the
737
person insured under the policy within 30 days of the date the child attains the limiting age, and
738
at any time thereafter, except that the insurer may not require proof more often than annually after
739
the two-year period immediately following attainment of the limiting age by the child.
740
Section 22.
Section
34-38-14
is amended to read:
741
34-38-14. Employee not "disabled."
742
An employee or prospective employee whose drug or alcohol test results are verified or
743
confirmed as positive in accordance with the provisions of this chapter may not, [by virtue]
744
because of those results alone, be defined as a person with a ["handicap"] "disability" for purposes
745
of Title 34A, Chapter 5, Utah Antidiscrimination Act.
746
Section 23.
Section
34-40-104
is amended to read:
747
34-40-104. Exemptions.
748
(1) The minimum wage established in this chapter does not apply to:
749
(a) any employee who is entitled to a minimum wage as provided in 29 U.S.C. Sec. 201
750
et seq., the Fair Labor Standards Act of 1938, as amended;
751
(b) outside sales persons;
752
(c) an employee who is a member of the employer's immediate family;
753
(d) companionship service for persons who, because of age or infirmity, are unable to care
754
for themselves;
755
(e) casual and domestic employees as defined by the commission;
756
(f) seasonal employees of nonprofit camping programs, religious or recreation programs,
757
and nonprofit educational and charitable organizations registered under Title 13, Chapter 22,
758
Charitable Solicitations Act;
759
(g) an individual employed by the United States of America;
760
(h) any prisoner employed through the penal system;
761
(i) any employee employed in agriculture if the employee:
762
(i) is principally engaged in the range production of livestock;
763
(ii) is employed as a harvest laborer and is paid on a piece rate basis in an operation that
764
has been and is generally recognized by custom as having been paid on a piece rate basis in the
765
region of employment;
766
(iii) was employed in agriculture less than 13 weeks during the preceding calendar year;
767
or
768
(iv) is a retired or semiretired person performing part-time or incidental work as a
769
condition of the employee's residence on a farm or ranch;
770
(j) registered apprentices or students employed by the educational institution in which they
771
are enrolled; or
772
(k) any seasonal hourly employee employed by a seasonal amusement establishment with
773
permanent structures and facilities if the other direct monetary compensation from tips, incentives,
774
commissions, end-of-season bonus, or other forms of pay is sufficient to cause the average hourly
775
rate of total compensation for the season of seasonal hourly employees who continue to work to
776
the end of the operating season to equal the applicable minimum wage if the seasonal amusement
777
establishment:
778
(i) does not operate for more than seven months in any calendar year; or
779
(ii) during the preceding calendar year its average receipts for any six months of such year
780
were not more than 33-1/3% of its average receipts for the other six months of such year.
781
(2) (a) [Handicapped individuals] Persons with a disability whose earnings or productive
782
capacities are impaired by age, physical or mental deficiencies, or injury may be employed at
783
wages that are lower than the minimum wage, provided the wage is related to the employee's
784
productivity.
785
(b) The commission may establish and regulate the wages paid or wage scales for [the
786
handicapped individuals] persons with a disability.
787
(3) The commission may establish or may set a lesser minimum wage for learners not to
788
exceed the first 160 hours of employment.
789
(4) Employees tipped may be paid not less than 55% of the minimum wage when the
790
balance received from tips, either directly or by pooling of tip receipts, is sufficient to bring the
791
employee to the minimum wage. Employees shall retain all tips except to the extent that they
792
participate in a bona fide tip pooling or sharing arrangement with other tipped employees. The
793
commission may by rule provide for a greater tip allowance, in conjunction with its review of the
794
minimum wage, under Section
34-40-103
.
795
Section 24.
Section
49-1-103
is amended to read:
796
49-1-103. Definitions.
797
As used in this title:
798
(1) "Accumulated contributions" means the sum of the contributions made by or on behalf
799
of a member and standing to the credit of the member's individual account, including regular
800
interest where allowed by law.
801
(2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis
802
of mortality tables adopted by the board, including regular interest.
803
(3) "Actuarial interest rate" means the interest rate adopted by the board upon the
804
recommendation of the actuary and upon which the funding of retirement system costs and benefits
805
are computed.
806
(4) "Administrator" means the executive director of the board.
807
(5) "Agency" means:
808
(a) a department, division, agency, office, authority, commission, board, institution, or
809
hospital of the state;
810
(b) a county, municipality, school district, or special district;
811
(c) a state college or university; or
812
(d) any other individual employing unit that participates in a system administered by the
813
board.
814
(6) "Allowance" means the pension plus the annuity, including any cost of living or other
815
authorized adjustments to the pension and annuity.
816
(7) "Annuity" means annual payments for life derived from contributions made by the
817
employee.
818
(8) "Beneficiary" means any person entitled to receive a retirement allowance or other
819
benefit provided by this title.
820
(9) "Board" or "retirement board" means the Utah State Retirement Board established
821
under this title.
822
(10) "Contributions" means the contributions by the employer and the member, if any, into
823
a retirement fund.
824
(11) "Current service" means covered service rendered after the effective date of each
825
system.
826
(12) "Department" means any department, office, board, commission, instrumentality, or
827
other agency of the state.
828
(13) "Dependent beneficiary" means a spouse, child, or children under 21 years of age, a
829
[physically or mentally handicapped] child or children with a physical or mental disability,
830
regardless of age, or a parent, or person, regardless of age or relationship, who is or are financially
831
dependent upon the member. The dependency of a person other than a spouse or child shall be
832
proved by written verified documents acceptable to the board or by a copy of the member's state
833
income tax return for the last reportable year listing the person as a dependent. All documents are
834
subject to review and approval of the administrator.
835
(14) "Employer" or "employing unit" means any department, educational institution,
836
political subdivision, organization, or agency financed in whole or in part by public funds for
837
which any employee or member performs services subject to this title.
838
(15) "Inactive member" means a member who has received no compensation for a period
839
longer than four months.
840
(16) (a) "Member" means any person included in the membership of any retirement system
841
administered by the board.
842
(b) A person is considered to be a member if he has contributions on deposit with the
843
retirement system or with the terminated system. "Member" also includes leased employees within
844
the meaning of Section 414(n)(2) of the federal Internal Revenue Code. If leased employees
845
constitute less than 20% of the employer's work force that is not highly compensated within the
846
meaning of Section 414(n)(5)(c)(ii) , Internal Revenue Code, "member" does not include leased
847
employees covered by a plan described in Section 414(n)(5) of the federal Internal Revenue Code.
848
(17) "Office" or "retirement office" means the Utah State Retirement Office.
849
(18) "Participating employer" or "participating employing unit" means any employer or
850
employing unit participating in the system whose employees are members of the system.
851
(19) "Payroll" means a register, warrant, or any other document upon which all persons
852
receiving salary payments are listed.
853
(20) "Pension" means annual payments for life derived from contributions made by
854
employers.
855
(21) "Political subdivision" means any political subdivision of the state, including cities,
856
towns, counties, and school districts, but only if the subdivision is a juristic entity that is legally
857
separate and distinct from the state and only if its employees are not by virtue of their relationship
858
to the entity, employees of the state or one of its departments.
859
(a) The term includes special districts or authorities created by the Legislature or by local
860
governments including mosquito abatement districts, sewer or water districts, water associations
861
and companies, libraries, and any entity arising out of a consolidation agreement between political
862
subdivisions.
863
(b) The term includes the retirement office.
864
(c) The term does not include a project entity created under Title 11, Chapter 13, Interlocal
865
Cooperation Act.
866
(22) "Prior service" means service rendered prior to the effective date of each system.
867
(23) "Refund" means a return of contributions to a terminating member.
868
(24) "Regular interest" means interest compounded annually at a rate adopted by the board
869
in accordance with this title.
870
(25) "Retirant" means a retired member who is receiving retirement benefits.
871
(26) "Retirement" means withdrawal from active service with a retirement allowance
872
granted under this title.
873
(27) "Service" or "covered service" means service used in the computation of benefits.
874
Section 25.
Section
49-5-103
is amended to read:
875
49-5-103. Definitions.
876
As used in this chapter:
877
(1) (a) "Compensation," "salary," or "wages" means the total amount of payments which
878
are currently includable in gross income made by an employer to an employee for services
879
rendered to the employer as base income. Base income shall be determined prior to any salary
880
deductions or reductions for any salary deferral or pretax benefit programs authorized by federal
881
law, for the position covered under the retirement system.
882
(b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
883
(c) "Compensation" does not include:
884
(i) overtime;
885
(ii) sick pay incentives;
886
(iii) retirement pay incentives;
887
(iv) remuneration paid in kind such as a residence, use of equipment, uniforms, or travel
888
allowances;
889
(v) a lump-sum payment or special payments covering accumulated leave; and
890
(vi) all contributions made by an employer under this plan or under any other employee
891
benefit plan maintained by an employer for the benefit of a participant.
892
(d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
893
Internal Revenue Code Section 401(a)(17).
894
(2) (a) "Disability" means a physical or mental condition which, in the judgment of the
895
board, is total and presumably permanent, prevents a member from fulfilling the responsibilities
896
of the member's assignment, and prevents the member from performing satisfactorily in some other
897
assignment of the same general class.
898
(b) The determination of disability is based upon medical and other evidence satisfactory
899
to the board.
900
(3) "Employer" or "employing unit" means any regularly constituted fire department of a
901
political subdivision for which any employee or member performs services subject to this chapter.
902
(4) "Final average salary" means the amount computed by averaging the highest three years
903
of annual compensation preceding retirement, but not including overtime or lump-sum or special
904
salary adjustments received instead of uniform or other allowances or expenses or other payments
905
made covering accumulated leave.
906
(a) Except as provided in Subsection (4)(b), the percentage increase in any one of the years
907
used may not exceed the previous year's salary by more than 10% plus a cost-of-living adjustment
908
equal to the decrease in the purchasing power of the dollar during the previous year, as measured
909
by the Consumer Price Index prepared by the United States Bureau of Labor Statistics.
910
(b) In cases where the employing unit provides acceptable documentation to the board the
911
limitation in Subsection (4)(a) may be exceeded if:
912
(i) the member has transferred from another employing unit; or
913
(ii) the member has been promoted to a new position.
914
(5) "Firefighter service" means full-time paid service rendered as an individual or as a
915
member of a group of firefighters regularly assigned to a regularly constituted fire department.
916
(6) "Full-time service" means 2,080 hours per year.
917
(7) "Inactive member" means a member who has received no compensation for a period
918
of longer than four months.
919
(8) "Line-of-duty death or disability" means a death or any physical or mental disability
920
resulting from external force, violence, or disease occasioned by an act of duty as a firefighter and
921
includes for a paid firefighter, after five years of credited service, any death or disability resulting
922
from heart disease, lung disease, or respiratory tract, but if a firefighter ceases to be a contributing
923
member because of personal illness or service-connected disability, neither of which is related to
924
heart or lung disease nor the respiratory tract for a period of six months or more and then again
925
becomes a contributing member, the provision relating to death or disability resulting from heart,
926
lung, or respiratory disease does not apply until the member again becomes a contributing member
927
for a period of not less than two years or unless clear and precise evidence is presented that the
928
heart, lung, or respiratory disease was, in fact, occasioned in the line-of-duty.
929
(9) (a) "Member" means any person included in the membership of the retirement system.
930
(b) A person is a member if the person has contributions on deposit with the retirement
931
system.
932
(c) A person hired on or after July 1, 1971, in a fire department, who is assigned directly
933
to a clerical position, and because of lack of training in fire fighting techniques, is not subject to
934
reassignment into positions of hazardous duty, is not eligible for membership in this system.
935
(i) The person in a clerical position shall become a contributing member of the appropriate
936
retirement system.
937
(ii) The required employer contributions shall be paid by the fire department.
938
(iii) This membership exclusion may not be interpreted to prohibit the assignment of a
939
[handicapped] disabled or partially disabled firefighter to that position.
940
(iv) If Subsection (9)(c)(iii) applies, the firefighter retains status as a contributing member
941
of this system and continues to accrue service credits while so employed.
942
(10) "Regularly constituted fire department" means a fire department which employs a
943
full-time fire chief and promulgates rules.
944
(11) (a) "Service" or "covered service" means firefighter service rendered an employer for
945
compensation which is included in computations relating to membership status or benefit rights
946
under this chapter.
947
(b) A retirement allowance or other benefit may not be granted under this system that is
948
based upon the same service for retirement benefits under some other retirement system
949
administered by the board.
950
(12) (a) "Volunteer firefighter" means any individual that is not regularly employed as a
951
firefighter, but who is on the rolls of a regularly constituted fire department.
952
(b) An individual that volunteers assistance but is not a regularly enrolled firefighter is not
953
a volunteer firefighter.
954
(c) Service as a volunteer firefighter is not creditable towards qualifying for a service
955
retirement allowance.
956
(13) "Years of service" or "service years" means the number of periods consisting of 12
957
full months as determined by the board, whether consecutive or not, during which an employee
958
performed services for an employer or received full-time pay while on sick leave, including any
959
time the employee was absent in the service of the United States.
960
Section 26.
Section
53A-1-402
is amended to read:
961
53A-1-402. Board to establish minimum standards for public schools.
962
(1) The State Board of Education shall establish rules and minimum standards for the
963
public schools, to include:
964
(a) the qualification and certification of educators and ancillary personnel who provide
965
direct student services, required school administrative and supervisory services, and evaluation of
966
instructional personnel;
967
(b) access to programs, attendance, competency levels, graduation requirements, discipline
968
and control, and health and safety requirements;
969
(c) school accreditation, the academic year, alternative and pilot programs, curriculum and
970
instruction requirements, school libraries, and services to [the handicapped] persons with a
971
disability and other special groups;
972
(d) requirements for school design, general educational specifications, school sites, and
973
building accessibility;
974
(e) state reimbursed bus routes, bus safety and operational requirements, and other
975
transportation needs; and
976
(f) school productivity and cost-effectiveness measures, the minimum school program,
977
school building aid, school lunch, driver education, federal programs, school budget formats, and
978
financial, statistical, and student accounting requirements.
979
(2) The board shall determine whether the minimum standards have been met, and that
980
required reports are properly submitted.
981
(3) The board may apply for, receive, administer, and distribute to eligible applicants funds
982
made available through programs of the federal government.
983
Section 27.
Section
53A-9-103
is amended to read:
984
53A-9-103. Authorized components.
985
Career ladders may include the following components:
986
(1) A career ladder may have an extended contract year for teachers, providing for
987
additional paid nonteaching days beyond the regular school year for curriculum development,
988
inservice training, preparation, and related activities. School boards may approve individual
989
exceptions to the extended year contract.
990
(2) It may have, at the option of the local school board, an extended contract year for
991
teachers, providing for additional paid workdays beyond the regular school year for teaching
992
assignments in summer school, remedial, [handicapped] disabled, specialized, vocational, gifted
993
and talented, and adult education programs.
994
(3) It may have a fair and consistent procedure for selecting teachers who will be given
995
additional responsibilities. The selection procedure shall incorporate clearly stated job descriptions
996
and qualifications for each level on the career ladder.
997
(4) (a) It may have a program of differentiated staffing that provides additional
998
compensation and, as appropriate, additional extensions of the contract year, for those who assume
999
additional instruction-related responsibilities such as:
1000
[(a)] (i) assisting students and beginning teachers;
1001
[(b)] (ii) curriculum and lesson plan development;
1002
[(c)] (iii) helping established teachers improve their teaching skills;
1003
[(d)] (iv) volunteer training;
1004
[(e)] (v) planning[,];
1005
(vi) facilities and productivity improvements; and
1006
[(f)] (vii) educational assignments directed at establishing positive relationships with the
1007
community, businesses, and parents.
1008
(b) Administrative and extracurricular activities are not considered additional
1009
instruction-related activities under this Subsection (4).
1010
(5) It may have a well-defined program of evaluation and guidance for beginning teachers,
1011
designed to assist those teachers during provisional years of teaching to acquire and demonstrate
1012
the skills required of capable, successful teachers. Continuation in teaching from year to year shall
1013
be contingent upon satisfactory teaching performance.
1014
(6) It may have a clear and concise explanation of the evaluation system components,
1015
including the respective roles of parents, teachers, administrators, and the school board in the
1016
development of the evaluation system. The system shall provide for frequent, comprehensive
1017
evaluations of teachers with less than three years' teaching experience, and periodic evaluations
1018
of other teachers.
1019
(7) Advancement on the career ladder program is contingent upon effective teaching
1020
performance, evidence of which may include formal evaluation and assessment of student
1021
progress. Student progress shall play a significant role in teacher evaluation. Other criteria may
1022
include formal preparation and successful teaching experience.
1023
(8) It may include an assessment of implementation costs.
1024
(9) It may have a plan for periodic review of the career ladder including the makeup of the
1025
reviewing entity, procedures to be followed during review, and the time schedule for the review.
1026
Section 28.
Section
53A-11-203
is amended to read:
1027
53A-11-203. Vision screening.
1028
(1) A child under seven years of age entering school for the first time in this state must
1029
present the following to the school:
1030
(a) a certificate signed by a licensed physician, optometrist, or other licensed health
1031
professional approved by the division, stating that the child has received vision screening to
1032
determine the presence of amblyopia or other visual defects. As used in this section, "division"
1033
means the Division of Services for the Blind and Visually [Handicapped] Impaired, State Office
1034
of Education; or
1035
(b) a written statement signed by at least one parent or legal guardian of the child that the
1036
screening violates the personal beliefs of the parent or legal guardian.
1037
(2) The division shall provide vision screening report forms to persons approved by the
1038
division to conduct the screening.
1039
(3) Each school district may conduct free vision screening clinics for children aged 3-1/2
1040
to seven.
1041
(4) The division shall maintain a central register of children, aged 3-1/2 to seven, who fail
1042
vision screening and who are referred for follow-up treatment. The register shall include the name
1043
of the child, age or birthdate, address, cause for referral, and follow-up results. Each school district
1044
shall report referral follow-up results to the division.
1045
(5) The division shall coordinate and supervise the training of persons who serve as vision
1046
screeners.
1047
(6) A licensed health professional providing vision care to private patients may not
1048
participate as a screener in free vision screening programs provided by school districts.
1049
(7) The Department of Health shall, by rule, set standards and procedures for vision
1050
screening required by this chapter, and shall provide the division with copies of rules, standards,
1051
instructions, and test charts necessary for conducting vision screening.
1052
(8) The division shall supervise screening, referral, and follow-up required by this chapter.
1053
Section 29.
Section
53A-17a-106
is amended to read:
1054
53A-17a-106. Determination of weighted pupil units.
1055
The number of weighted pupil units in the minimum school program for each year is the
1056
total of the units for each school district determined as follows:
1057
(1) The number of units is computed by adding the average daily membership of all pupils
1058
of the district attending schools, other than kindergarten and self-contained classes for
1059
[handicapped] children with a disability.
1060
(2) The number of units is computed by adding the average daily membership of all pupils
1061
of the district enrolled in kindergarten and multiplying the total by .55.
1062
(a) In those districts that do not elect to hold kindergarten for a full nine-month term, the
1063
local school board may approve a shorter term of nine weeks' duration.
1064
(b) Upon board approval, the number of pupils in average daily membership at the
1065
short-term kindergarten shall be counted for the purpose of determining the number of units
1066
allowed in the same ratio as the number of days the short-term kindergarten is held, not exceeding
1067
nine weeks, compared to the total number of days schools are held in that district in the regular
1068
school year.
1069
(3) (a) The State Board of Education shall use prior year plus growth to determine average
1070
daily membership in distributing monies under the minimum school program where the
1071
distribution is based on kindergarten through grade 12 ADMs or weighted pupil units.
1072
(b) Under prior year plus growth, kindergarten through grade 12 average daily membership
1073
for the current year is based on the actual kindergarten through grade 12 average daily membership
1074
for the previous year plus an estimated percentage growth factor.
1075
(c) The growth factor is the percentage increase in total average daily membership on the
1076
first school day of October in the current year as compared to the total average daily membership
1077
on the first school day of October of the previous year.
1078
Section 30.
Section
53A-17a-127
is amended to read:
1079
53A-17a-127. Eligibility for state-supported transportation -- Approved bus routes
1080
-- Additional local tax.
1081
(1) A student eligible for state-supported transportation means:
1082
(a) a student enrolled in kindergarten through grade six who lives at least 1-1/2 miles from
1083
school;
1084
(b) a student enrolled in grades seven through 12 who lives at least two miles from school;
1085
and
1086
(c) a student enrolled in a special program offered by a school district and approved by the
1087
State Board of Education for trainable, motor, multiple-disabled, or other students with severe
1088
disabilities who are incapable of walking to school or where it is unsafe for students to walk
1089
because of their [handicapping] disabling condition, without reference to distance from school.
1090
(2) If a school district implements double sessions as an alternative to new building
1091
construction, with the approval of the State Board of Education, those affected elementary school
1092
students residing less than 1-1/2 miles from school may be transported one way to or from school
1093
because of safety factors relating to darkness or other hazardous conditions as determined by the
1094
local school board.
1095
(3) (a) The State Office of Education shall distribute transportation monies to school
1096
districts based on three factors:
1097
(i) an allowance per mile for approved bus routes;
1098
(ii) an allowance per hour for approved bus routes; and
1099
(iii) an annual allowance for equipment and overhead costs based on approved bus routes
1100
and the age of the equipment.
1101
(b) In order for a bus to be considered for the equipment allowance, it must meet federal
1102
and state regulations and standards for school buses.
1103
(c) The State Office of Education shall annually review the allowance per mile, the
1104
allowance per hour, and the annual equipment and overhead allowance and adjust the allowance
1105
to reflect current economic conditions.
1106
(4) (a) Approved bus routes for funding purposes shall be determined on fall data collected
1107
by October 1.
1108
(b) Approved route funding shall be determined on the basis of the most efficient and
1109
economic routes.
1110
(5) A Transportation Advisory Committee with representation from local school
1111
superintendents, business officials, school district transportation supervisors, and the State Office
1112
of Education shall serve as a review committee for addressing school transportation needs,
1113
including recommended approved bus routes.
1114
(6) (a) A local school board may provide for the transportation of students who are not
1115
eligible under Subsection (1), regardless of the distance from school, from:
1116
(i) general funds of the district; and
1117
(ii) a tax rate not to exceed .0003 per dollar of taxable value imposed on the district.
1118
(b) A local school board may use revenue from the tax to pay for transporting participating
1119
students to interscholastic activities, night activities, and educational field trips approved by the
1120
board and for the replacement of school buses.
1121
(c) (i) If a local school board levies a tax under Subsection (6)(a)(ii) of at least .0002, the
1122
state may contribute an amount not to exceed 85% of the state average cost per mile, contingent
1123
upon the Legislature appropriating funds for a state contribution.
1124
(ii) The State Office of Education shall distribute the state contribution according to rules
1125
enacted by the State Board of Education.
1126
(d) (i) The amount of state guarantee money to which a school district would otherwise
1127
be entitled to under Subsection (6)(c) may not be reduced for the sole reason that the district's levy
1128
is reduced as a consequence of changes in the certified tax rate under Section
59-2-924
pursuant
1129
to changes in property valuation.
1130
(ii) Subsection (6)(d)(i) applies for a period of two years following the change in the
1131
certified tax rate.
1132
(7) There is appropriated for the fiscal year beginning July 1, 1999, $225,000 to the state
1133
board as the state's contribution under Subsection (6)(c)(i).
1134
Section 31.
Section
53A-20-103
is amended to read:
1135
53A-20-103. Planning, design, and construction of public school buildings -- Duties
1136
of State Board of Education.
1137
The State Board of Education has the following duties:
1138
(1) It shall adopt codes to govern the preparation of plans and specifications for public
1139
school buildings. The codes shall include minimum standards for:
1140
(a) construction, heating, ventilation, sanitation, lighting, plumbing, structural safety,
1141
protection from fire, panic, and other dangers;
1142
(b) promotion of the safety, health, and comfort of the occupants; and
1143
(c) providing functional adaptability, including suitable facilities for [handicapped;]
1144
persons with a disability.
1145
(2) It shall require local school boards to maintain a current inventory of school plant
1146
facilities in conformance with rules established by the board.
1147
(3) It shall establish planning procedures for school districts to determine the need for
1148
school plant facilities. The procedures shall include definitions of methods, criteria, and other
1149
pertinent information necessary to determine the type, size, location, and cost of school plant
1150
facilities eligible for state financial participation.
1151
(4) It shall require local school boards to prepare and maintain surveys of school plant
1152
capital outlay needs. The surveys shall include immediate and long-range school plant capital
1153
outlay needs in accordance with planning procedures established by the state board and space
1154
utilization studies, enrollment projections, district and attendance area organization, class size,
1155
conditions of present facilities, financial structure of the district, and other necessary information.
1156
(5) It shall prepare a guide for use by school districts in formulating educational
1157
specifications for individual building projects.
1158
(6) It shall recommend minimum requirements for contracts and agreements between
1159
architects and engineers and local school boards. As a condition of the contract or agreement, the
1160
state board shall require the use of independent licensed consulting engineers for engineering
1161
design work.
1162
(7) It shall recommend minimum requirements for advertising, bidding, and contractual
1163
procedures for school plant construction.
1164
(8) It shall provide school districts with findings regarding school designs, including
1165
flexibility of design and modular planning, new methods of construction, and new material.
1166
(9) It shall prepare an annual school plant capital outlay report of all school districts,
1167
including tabulations of facilities available, number and size of projects completed and under
1168
construction, and additional facilities required.
1169
Section 32.
Section
55-5-5
is amended to read:
1170
55-5-5. State policy -- Construction of provisions.
1171
It is the policy of this state to provide maximum opportunities for training blind or visually
1172
[handicapped] impaired persons, helping them to become self-supporting and demonstrating their
1173
capabilities. This act shall be construed to carry out this policy.
1174
Section 33.
Section
59-10-108
is amended to read:
1175
59-10-108. Credit for cash contributions to sheltered workshops.
1176
(1) For tax years beginning January 1, 1983, and thereafter, in computing the tax due the
1177
state of Utah pursuant to Section
59-10-104
, there shall be a tax credit allowed for cash
1178
contributions made within the taxable year to nonprofit rehabilitation sheltered workshop facilities
1179
for [the handicapped] persons with a disability operating in Utah [which] that are certified by the
1180
Department of Human Services as a qualifying facility.
1181
(2) The allowable credit is an amount equal to 50% of the aggregate amount of the cash
1182
contributions to the qualifying rehabilitation facilities, but [in no case shall] the allowed credit may
1183
not exceed $200.
1184
(3) The amount of contribution claimed as a tax credit [pursuant to] under this section may
1185
not also be claimed as a charitable deduction in determining net taxable income.
1186
Section 34.
Section
62A-1-111
is amended to read:
1187
62A-1-111. Department authority.
1188
The department [has authority] may, in addition to all other authority and responsibility
1189
granted to it by law[, to]:
1190
(1) adopt rules, not inconsistent with law, as the department may consider necessary or
1191
desirable for providing social services to the people of this state;
1192
(2) establish and manage client trust accounts in the department's institutions and
1193
community programs, at the request of the client or his legal guardian or representative, or in
1194
accordance with federal law;
1195
(3) purchase, as authorized or required by law, services that the department is responsible
1196
to provide for legally eligible persons;
1197
(4) conduct adjudicative proceedings for clients and providers in accordance with the
1198
procedures of Title 63, Chapter 46b, Administrative Procedures Act;
1199
(5) establish eligibility standards for its programs, not inconsistent with state or federal law
1200
or regulations;
1201
(6) take necessary steps, including legal action, to recover money or the monetary value
1202
of services provided to a recipient who was not eligible;
1203
(7) set and collect fees for its services;
1204
(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
1205
limited by law;
1206
(9) acquire, manage, and dispose of any real or personal property needed or owned by the
1207
department, not inconsistent with state law;
1208
(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
1209
proceeds thereof, may be credited to the program designated by the donor, and may be used for the
1210
purposes requested by the donor, as long as the request conforms to state and federal policy; all
1211
donated funds shall be considered private, nonlapsing funds and may be invested under guidelines
1212
established by the state treasurer;
1213
(11) accept and employ volunteer labor or services; the department is authorized to
1214
reimburse volunteers for necessary expenses, when the department considers that reimbursement
1215
to be appropriate;
1216
(12) carry out the responsibility assigned in the Workforce Services Plan by the State
1217
Council on Workforce Services;
1218
(13) carry out the responsibility assigned by Section
9-4-802
with respect to coordination
1219
of services for the homeless;
1220
(14) carry out the responsibility assigned by Section
62A-5a-105
with respect to
1221
coordination of services for [handicapped] students with a disability;
1222
(15) provide training and educational opportunities for its staff;
1223
(16) collect child support payments and any other monies due to the department;
1224
(17) apply the provisions of Title 78, Chapter 45, Uniform Civil Liability for Support Act,
1225
to parents whose child lives out of the home in a department licensed or certified setting;
1226
(18) establish policy and procedures in cases where the department is given custody of a
1227
minor by the juvenile court pursuant to Section
78-3a-118
; any policy and procedures shall
1228
include:
1229
(a) designation of interagency teams for each juvenile court district in the state;
1230
(b) delineation of assessment criteria and procedures;
1231
(c) minimum requirements, and timeframes, for the development and implementation of
1232
a collaborative service plan for each minor placed in department custody; and
1233
(d) provisions for submittal of the plan and periodic progress reports to the court;
1234
(19) carry out the responsibilities assigned to it by statute; and
1235
(20) examine and audit the expenditures of any public funds provided to local substance
1236
abuse authorities, local mental health authorities, local area agencies on aging, and any person,
1237
agency, or organization that contracts with or receives funds from those authorities or agencies.
1238
Those local authorities, area agencies, and any person or entity that contracts with or receives funds
1239
from those authorities or area agencies, shall provide the department with any information the
1240
department considers necessary. The department is further authorized to issue directives resulting
1241
from any examination or audit to local authorities, area agencies, and persons or entities that
1242
contract with or receive funds from those authorities with regard to any public funds. If the
1243
department determines that it is necessary to withhold funds from a local mental health authority
1244
or local substance abuse authority based on failure to comply with state or federal law, policy, or
1245
contract provisions, it may take steps necessary to ensure continuity of services. For purposes of
1246
this Subsection (20) "public funds" means the same as that term is defined in Sections
62A-8-101
1247
and
62A-12-101
.
1248
Section 35.
Section
62A-4a-105
is amended to read:
1249
62A-4a-105. Division responsibilities.
1250
The division shall:
1251
(1) administer services to children and families, including child welfare services, youth
1252
services, domestic violence services, and all other responsibilities that the Legislature or the
1253
executive director may assign to the division;
1254
(2) establish standards for all contract providers of out-of-home care for children and
1255
families;
1256
(3) cooperate with the federal government in the administration of child welfare, youth
1257
services, and domestic violence programs and other human service activities assigned by the
1258
department;
1259
(4) provide for the compilation of relevant information, statistics, and reports on child and
1260
family service matters in the state;
1261
(5) prepare and submit to the department, the governor, and the Legislature reports of the
1262
operation and administration of the division in accordance with the requirements of Sections
1263
62A-4a-117
and
62A-4a-118
;
1264
(6) promote and enforce state and federal laws enacted for the protection of abused,
1265
neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
1266
accordance with the requirements of this chapter, unless administration is expressly vested in
1267
another division or department of the state. In carrying out the provisions of this subsection, the
1268
division shall cooperate with the juvenile courts, the Division of Youth Corrections, and with all
1269
public and private licensed child welfare agencies and institutions to develop and administer a
1270
broad range of services and supports. The division shall take the initiative in all matters involving
1271
the protection of abused or neglected children if adequate provisions have not been made or are
1272
not likely to be made, and shall make expenditures necessary for the care and protection of those
1273
children, within the division's budget;
1274
(7) provide substitute care for dependent, abused, neglected, and delinquent children,
1275
establish standards for substitute care facilities, and approve those facilities;
1276
(8) provide financial support to persons adopting [physically handicapped, mentally
1277
handicapped,] a child or children with a physical or mental disability, or older, or other
1278
hard-to-place children who, immediately prior to adoption, were legal wards of the state. The
1279
financial support provided under this Subsection (8) may not exceed the amounts the division
1280
would provide for the child as a legal ward of the state;
1281
(9) cooperate with the Division of Employment Development in the Department of
1282
Workforce Services in meeting social and economic needs of individuals eligible for public
1283
assistance;
1284
(10) conduct court-ordered home evaluations for the district and juvenile courts with
1285
regard to child custody issues. The court shall order either or both parties to reimburse the division
1286
for the cost of that evaluation, in accordance with the community rate for that service or with the
1287
department's fee schedule rate;
1288
(11) provide noncustodial and in-home preventive services, designed to prevent family
1289
breakup, family preservation services, and reunification services to families whose children are in
1290
substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a,
1291
Juvenile Courts;
1292
(12) provide protective supervision of a family, upon court order, in an effort to eliminate
1293
abuse or neglect of a child in that family;
1294
(13) establish programs pursuant to Section
62A-4a-250
, and provide services to runaway
1295
and ungovernable children and their families;
1296
(14) provide shelter care in accordance with the requirements of this chapter and Title 78,
1297
Chapter 3a, Juvenile Courts;
1298
(15) provide social studies and reports for the juvenile court in accordance with Section
1299
78-3a-505
;
1300
(16) arrange for and provide training for staff and providers involved in the administration
1301
and delivery of services offered by the division in accordance with this chapter;
1302
(17) provide domestic violence services in accordance with the requirements of federal
1303
law, and establish standards for all direct or contract providers of domestic violence services.
1304
Within appropriations from the Legislature, the division shall provide or contract for a variety of
1305
domestic violence services and treatment methods;
1306
(18) ensure regular, periodic publication, including electronic publication, regarding the
1307
number of children in the custody of the division who have a permanency goal of adoption, or for
1308
whom a final plan of termination of parental rights has been approved, pursuant to Section
1309
78-3a-312
, and promote adoption of those children;
1310
(19) provide protective services to victims of domestic violence, as defined in Section
1311
77-36-1
, and their children, in accordance with the provisions of this chapter and of Title 78,
1312
Chapter 3a, Part 3;
1313
(20) have authority to contract with a private, nonprofit organization to recruit and train
1314
foster care families and child welfare volunteers in accordance with Section
62A-4a-107.5
; and
1315
(21) perform such other duties and functions as required by law.
1316
Section 36.
Section
63B-5-201
is amended to read:
1317
63B-5-201. Legislative intent statements.
1318
(1) If the United State Department of Defense has not provided matching funds to
1319
construct the National Guard Armory in Orem by December 31, 1997, the Division of Facilities
1320
Construction and Management shall transfer any funds received from issuance of a General
1321
Obligation Bond for benefit of the Orem Armory to the Provo Armory for capital improvements.
1322
(2) It is the intent of the Legislature that the University of Utah use institutional funds to
1323
plan, design, and construct:
1324
(a) the Health Science East parking structure under the supervision of the director of the
1325
Division of Facilities Construction and Management unless supervisory authority is delegated by
1326
the director;
1327
(b) the Health Science Office Building under the supervision of the director of the Division
1328
of Facilities Construction and Management unless supervisory authority is delegated by the
1329
director; and
1330
(c) the new Student Housing/Olympic Athletes Village under the supervision of the
1331
director of the Division of Facilities Construction and Management unless supervisory authority
1332
is delegated by the director.
1333
(3) It is the intent of the Legislature that Utah State University use institutional funds to
1334
plan, design, and construct a multipurpose facility under the supervision of the director of the
1335
Division of Facilities Construction and Management unless supervisory authority is delegated by
1336
the director.
1337
(4) It is the intent of the Legislature that the Utah Geologic Survey use agency internal
1338
funding to plan, design, and construct a sample library facility under the supervision of the director
1339
of the Division of Facilities Construction and Management unless supervisory authority is
1340
delegated by the director.
1341
(5) (a) If legislation introduced in the 1996 General Session to fund the Wasatch State Park
1342
Club House does not pass, the State Building Ownership Authority, under authority of Title 63,
1343
Chapter 9a, State Building Ownership [Authority] Act, may issue or execute obligations, or enter
1344
into or arrange for a lease purchase agreement in which participation interests may be created, to
1345
provide up to $1,500,000 for the remodel and expansion of the clubhouse at Wasatch Mountain
1346
State Park for the Division of Parks and Recreation, together with additional amounts necessary
1347
to:
1348
(i) pay costs of issuance;
1349
(ii) pay capitalized interest; and
1350
(iii) fund any debt service reserve requirements.
1351
(b) The State Building Ownership Authority shall work cooperatively with the Division
1352
of Parks and Recreation to seek out the most cost effective and prudent lease purchase plan
1353
available.
1354
(6) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a,
1355
State Building Ownership [Authority] Act, may issue or execute obligations, or enter into or
1356
arrange for a lease purchase agreement in which participation interests may be created, to provide
1357
up to $835,300 for the construction of a liquor store in the Snyderville area, together with
1358
additional amounts necessary to:
1359
(i) pay costs of issuance;
1360
(ii) pay capitalized interest; and
1361
(iii) fund any debt service reserve requirements.
1362
(b) The State Building Ownership Authority shall work cooperatively with the Department
1363
of Alcoholic Beverage Control to seek out the most cost effective and prudent lease purchase plan
1364
available.
1365
(7) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a,
1366
State Building Ownership [Authority] Act, may issue or execute obligations, or enter into or
1367
arrange for a lease purchase agreement in which participation interests may be created, to provide
1368
up to $15,000,000 for the construction of the Huntsman Cancer Institute, together with additional
1369
amounts necessary to:
1370
(i) pay costs of issuance;
1371
(ii) pay capitalized interest; and
1372
(iii) fund any debt service reserve requirements.
1373
(b) The State Building Ownership Authority shall work cooperatively with the University
1374
of Utah to seek out the most cost effective and prudent lease purchase plan available.
1375
(c) It is the intent of the Legislature that the University of Utah lease land to the State
1376
Building Ownership Authority for the construction of the Huntsman Cancer Institute facility.
1377
(8) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a,
1378
State Building Ownership [Authority] Act, may issue or execute obligations, or enter into or
1379
arrange for a lease purchase agreement in which participation interests may be created, to provide
1380
up to $857,600 for the construction of an addition to the Human Services facility in Vernal, Utah
1381
together with additional amounts necessary to:
1382
(i) pay costs of issuance;
1383
(ii) pay capitalized interest; and
1384
(iii) fund any debt service reserve requirements.
1385
(b) The State Building Ownership Authority shall work cooperatively with the Department
1386
of Human Services to seek out the most cost effective and prudent lease purchase plan available.
1387
(9) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a,
1388
State Building Ownership [Authority] Act, may issue or execute obligations, or enter into or
1389
arrange for a lease purchase agreement in which participation interests may be created, to provide
1390
up to $3,470,200 for the construction of the Student Services Center, at the College of Eastern
1391
Utah, together with additional amounts necessary to:
1392
(i) pay costs of issuance;
1393
(ii) pay capitalized interest; and
1394
(iii) fund any debt service reserve requirements.
1395
(b) The State Building Ownership Authority shall work cooperatively with the College of
1396
Eastern Utah to seek out the most cost effective and prudent lease purchase plan available.
1397
(10) (a) Notwithstanding anything to the contrary in Title 53B, Chapter 21, Revenue
1398
Bonds, which prohibits the issuance of revenue bonds payable from legislative appropriations, the
1399
State Board of Regents, on behalf of Dixie College, may issue, sell, and deliver revenue bonds or
1400
other evidences of indebtedness of Dixie College to borrow money on the credit of the income and
1401
revenues, including legislative appropriations, of Dixie College, to finance the acquisition of the
1402
Dixie Center.
1403
(b) (i) The bonds or other evidences of indebtedness authorized by this section shall be
1404
issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions and
1405
in amounts that the board, by resolution, determines are reasonable and necessary and may not
1406
exceed $6,000,000 together with additional amounts necessary to:
1407
(A) pay cost of issuance;
1408
(B) pay capitalized interest; and
1409
(C) fund any debt service reserve requirements.
1410
(ii) To the extent that future legislative appropriations will be required to provide for
1411
payment of debt service in full, the board shall ensure that the revenue bonds are issued containing
1412
a clause that provides for payment from future legislative appropriations that are legally available
1413
for that purpose.
1414
(11) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a,
1415
State Building Ownership [Authority] Act, may issue or execute obligations, or enter into or
1416
arrange for a lease purchase agreement in which participation interests may be created, to provide
1417
up to $10,479,000 for the construction of a facility for the Courts - Davis County Regional
1418
Expansion, together with additional amounts necessary to:
1419
(i) pay costs of issuance;
1420
(ii) pay capitalized interest; and
1421
(iii) fund any debt service reserve requirements.
1422
(b) The State Building Ownership Authority shall work cooperatively with the Office of
1423
the Court Administrator to seek out the most cost effective and prudent lease purchase plan
1424
available.
1425
(12) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a,
1426
State Building Ownership [Authority] Act, may issue or execute obligations, or enter into or
1427
arrange for a lease purchase agreement in which participation interests may be created, to provide
1428
up to $4,200,000 for the purchase and remodel of the Washington County Courthouse, together
1429
with additional amounts necessary to:
1430
(i) pay costs of issuance;
1431
(ii) pay capitalized interest; and
1432
(iii) fund any debt service reserve requirements.
1433
(b) The State Building Ownership Authority shall work cooperatively with the Office of
1434
the Court Administrator to seek out the most cost effective and prudent lease purchase plan
1435
available.
1436
(13) (a) The State Building Ownership Authority, under authority of Title 63, Chapter 9a,
1437
State Building Ownership [Authority] Act, may issue or execute obligations, or enter into or
1438
arrange for a lease purchase agreement in which participation interests may be created, to provide
1439
up to $14,299,700 for the construction of a facility for the State Library and the Division of
1440
Services for the Blind and Visually [Handicapped] Impaired, together with additional amounts
1441
necessary to:
1442
(i) pay costs of issuance;
1443
(ii) pay capitalized interest; and
1444
(iii) fund any debt service reserve requirements.
1445
(b) The State Building Ownership Authority shall work cooperatively with the Office of
1446
Education and the Department of Community and Economic Development to seek out the most
1447
cost effective and prudent lease purchase plan available.
1448
Section 37.
Section
75-5-316
is amended to read:
1449
75-5-316. Expedited guardianship proceedings.
1450
(1) (a) With regard to persons who are residents of the Utah State Developmental Center,
1451
the expedited process provided by this section may be applied to obtain a limited guardianship.
1452
(b) For purposes of this section:
1453
(i) "Limited guardianship" means a guardianship solely for the purpose of granting consent
1454
for medical care and for participation in approval of the ward's individualized program plan.
1455
(ii) "Ward" means a resident of the Utah State Developmental Center who is the subject
1456
of guardianship proceedings under this section.
1457
(2) Any person interested in the incapacitated person's welfare may file a petition for a
1458
finding of incapacity and appointment of a guardian. That person may seek the limited
1459
guardianship pro se, using the forms described in this section. Any fee for filing a petition for a
1460
limited guardianship shall be waived if the guardian is proceeding under this section.
1461
(3) Upon filing a petition for limited guardianship under this section, the court shall set
1462
a date for hearing.
1463
(4) The ward has the right to be present at the hearing and to see and hear all evidence
1464
relating to his condition.
1465
(5) At that hearing the court shall review the affidavit of the superintendent of the Utah
1466
State Developmental Center, described in Subsection (11), and determine whether notice has been
1467
given to the appropriate persons described in Subsection (6).
1468
(6) If the proposed guardian is not a parent or relative of the ward, personal notice shall
1469
be given to the ward's spouse, parents, and any adult children of the ward. Personal notice shall
1470
also be given to such other persons as the court may direct.
1471
(7) The court may, in its discretion, appoint a guardian ad litem to represent the ward in
1472
the hearing, and may request independent evaluation by a physician appointed by the court. The
1473
physician shall submit his findings to the court in writing.
1474
(8) The court may grant the petition for a limited guardianship and sign the Order of
1475
Appointment if the court finds that:
1476
(a) the appropriate parties have been given notice;
1477
(b) the ward is incapacitated, based on the affidavit of the superintendent of the Utah State
1478
Developmental Center and any affidavit or testimony of persons entitled to receive notice or
1479
requested to present evidence under this section; and
1480
(c) it is necessary and desirable to establish the guardianship.
1481
(9) Venue for these expedited guardianship proceedings shall be the same as that described
1482
in Section
75-5-302
.
1483
(10) A petition for a limited guardianship shall include the following information:
1484
(a) the interest of the petitioner;
1485
(b) the name, age, residence, and address of the ward;
1486
(c) verification that the ward is a resident of the Utah State Developmental Center;
1487
(d) the name and address of the nearest relative of the ward; and
1488
(e) the reason for appointment of guardianship.
1489
(11) The petitioner shall also provide the court with an affidavit of the superintendent of
1490
the Utah State Developmental Center that includes the following information:
1491
(a) that the ward is a resident of the Utah State Developmental Center;
1492
(b) the date on which the ward was originally admitted to the Utah State Developmental
1493
Center;
1494
(c) the diagnosis of the ward, including a description of [his handicapping] the ward's
1495
disabling condition, the level of retardation, and any medical or physical conditions;
1496
(d) that the Utah State Developmental Center is certified as an Intermediate Care Facility
1497
for the Mentally Retarded under Title XIX of the Social Security Act;
1498
(e) that because of that certification, the Utah State Developmental Center receives
1499
financial participation from the United States Government for its operation and maintenance costs;
1500
and
1501
(f) that federal regulations under Title XIX require the ward to have a guardian appointed
1502
for the sole purpose of giving consent for medical and dental care and of participation in and
1503
approval of the ward's individual program plan.
1504
(12) If the court finds that, under the requirements of this section the proposed limited
1505
guardian should be appointed, it shall enter an order establishing that limited guardianship in
1506
substantially the following form:
1507
The court finds that:
1508
(a) appointment of a limited guardianship for (named ward) is necessary and desirable as
1509
a means of providing continuing care and supervision and to ensure his welfare;
1510
(b) the ward is incapacitated;
1511
(c) (named guardian) is appointed as the limited guardian of (named ward); and
1512
(d) the guardianship is a limited guardianship solely for the purpose of:
1513
(i) granting permission for medical and dental care on behalf of the ward; and
1514
(ii) participation in the development and approval of the ward's individual program plan.
1515
(13) Appointment of guardianship under this section places no additional responsibility
1516
or liability on the guardian with regard to the ward. The limited guardianship is solely for consent
1517
for medical care and approval of the ward's individualized program plan, and shall not be
1518
construed to increase or create liability or responsibility for the guardian.
1519
Section 38.
Section
78-11-23
is amended to read:
1520
78-11-23. Right to life -- State policy.
1521
The Legislature finds and declares that it is the public policy of this state to encourage all
1522
persons to respect the right to life of all other persons, regardless of age, development, condition,
1523
or dependency, including all [handicapped] persons with a disability, and all unborn persons.
Legislative Review Note
as of 1-12-00 1:47 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.