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H.B. 147
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RESTRUCTURING FAMILIES, AGENCIES,
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AND COMMUNITIES TOGETHER
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Duane E. Bourdeaux
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; AMENDING THE COMPOSITION
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OF THE FAMILY, AGENCIES, AND COMMUNITIES TOGETHER STEERING
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COMMITTEE; AND MAKING TECHNICAL AND CONFORMING AMENDMENTS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63-75-4, as last amended by Chapter 104, Laws of Utah 1999
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63-75-5, as last amended by Chapters 27 and 276, Laws of Utah 1997
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63-75-5.5, as enacted by Chapter 12, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-75-4
is amended to read:
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63-75-4. Families, Agencies, and Communities Together State Council --
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Composition -- Duties -- Interagency case management team.
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(1) (a) There is created within state government the Families, Agencies, and Communities
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Together State Council composed of:
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(i) the state superintendent of public instruction;
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(ii) the executive director of the Department of Health;
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(iii) the executive director of the Department of Human Services;
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(iv) the state court administrator; and
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(v) the executive director of the Department of Workforce Services.
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(b) The council members listed in Subsection (1)(a) shall appoint to a four-year term the
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following nonvoting members:
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(i) a representative of community-based service organizations [appointed to a four-year
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term];
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(ii) a parent representative from a rural community; and
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(iii) a parent representative from an urban community.
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(c) If a vacancy occurs with respect to a council member appointed under Subsection
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(1)(b), council members listed in Subsection (1)(a) shall appoint a replacement for the unexpired
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term.
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(d) Appointments and reappointments under Subsection (1)(b) and (c) shall be made
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within 60 days of a vacancy.
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(2) (a) The council shall annually elect a chair from its membership.
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(b) All voting members of the council are necessary to constitute a quorum at any meeting.
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(c) The action of a majority of a quorum is the action of the council, except that a
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unanimous vote of the council is required to appoint or remove a nonvoting council member.
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(d) The council shall meet quarterly or more frequently as determined by the chair.
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(3) (a) 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 council at the rates established by the Division
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of Finance under Sections
63A-3-106
and
63A-3-107
.
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(b) Members who are not government employees may not receive 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 from the council at rates established by the Division of Finance under
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Sections
63A-3-106
and
63A-3-107
.
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(c) Council members may decline to receive per diem and expenses for their service.
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(4) The council shall:
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(a) provide leadership to increase and enhance efficient and effective services to Utah's
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children and youth at risk by:
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(i) cooperatively planning, funding, monitoring, evaluating, and marketing innovative and
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individualized service delivery and funding strategies;
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(ii) recommending legislative, executive, and judicial policy and procedural changes,
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including joint budget proposals as described in Section
63-38-2
;
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(iii) developing incentives and strategies to increase family involvement, collaboration,
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and public-private partnerships in the planning and delivery of services at the state and local level;
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(iv) promoting prevention and early intervention services;
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(v) increasing public understanding of and advocating for the needs of Utah's children and
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youth who are at risk; and
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(vi) establishing policies to remove administrative barriers to collaboration in
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communities;
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(b) compile and disseminate information regarding effective service delivery and funding
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strategies for replication;
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(c) receive and act upon recommendations of the steering committee;
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(d) approve the establishment of collaborative service delivery systems under Section
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63-75-6.5
and adopt performance goals for those systems;
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(e) recommend to the governor for each fiscal year funds contained in an agency's base
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budget and building block request that can be identified for collaborative service delivery systems
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established under Section
63-75-6.5
;
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(f) (i) develop model administrative and governance structures to be established by
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communities that at least:
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(A) ensure accountability for public funds;
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(B) are voluntarily adopted and modified by communities, based on community needs;
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(C) ensure collaboration on matters of policy and administrative processes in operating
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programs under this chapter between the state, school districts, and counties;
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(D) establish a board consisting of heads of state and local government agencies, private
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agencies, and school districts that provide services under this chapter; and
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(E) ensure equity in the scope, duration, and level of services throughout a prescribed
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geographical area;
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(ii) the council may, through contracts that provide funding for programs under this
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chapter, give incentives to communities to establish an administrative and governance structure
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that meets the requirements of Subsection (4)(f)(i) and to designate the geographical area within
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which that administrative and governance structure will operate; and
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[(g) review the structure and function of the steering committee before December 1, 1999,
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to determine the effectiveness of the steering committee in:]
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[(i) achieving the purposes and carrying out the responsibilities of the committee; and]
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[(ii) assisting communities to establish collaborative service delivery systems;]
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[(h) forward to the Legislature for the 2000 General Session recommendations for
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restructuring the size, membership, and function of the steering committee based on the review
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conducted under Subsection (4)(g); and]
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[(i)] (g) report to the governor and the Legislature on an annual basis.
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(5) The council shall ensure that projects selected under Section
63-75-6
have outcomes
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that:
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(a) focus all project activities on the prevention of academic failure and social
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misbehaviors;
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(b) involve parents in planning, implementation, and evaluation of services;
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(c) allow frequent opportunities for planning between teachers, parents, school
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administrators, and representatives of agencies and community-based service organizations that
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provide services; and
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(d) provide frequent monitoring and assessment of each child's and youth's progress.
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(6) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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council shall make rules to ensure cooperative development of individualized and coordinated
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service plans by local interagency councils and case management teams for children or youth at
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risk and their families who receive services under this chapter.
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(b) For purposes of developing and implementing individualized and coordinated plans,
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the members of the local interagency councils and case management teams shall be considered to
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be employees of each agency represented on the team and entitled to review and discuss agency
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records as necessary in planning and providing services under a plan.
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(c) Records shared by the teams remain the property of the supplying agency and may not
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be incorporated in the records of another agency unless transferred in accordance with standard
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procedures for transfer of records of the type in question.
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Section 2.
Section
63-75-5
is amended to read:
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63-75-5. Steering committee -- Membership -- Duties.
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[(1) As used in this section, "Council of Mental Health Programs" means a council
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consisting of all of the directors of Utah public mental health centers.]
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[(2)] (1) There is established a Families, Agencies, and Communities Together Steering
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Committee.
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[(3)] (2) The steering committee shall include [at least 19] no more than 30 voting
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members as follows:
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[(a) the director of the Division of Health Care Financing within the Department of
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Health;]
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[(b) a representative annually designated by the Council of Mental Health Programs;]
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[(c) the director of the Division of Substance Abuse within the Department of Human
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Services;]
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[(d) the director of the Division of Youth Corrections within the Department of Human
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Services;]
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[(e) the state director of special education;]
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[(f) the person responsible for programs for at risk students within the Utah State Office
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of Education, if that person is not the state director of special education;]
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[(g) the Juvenile Court Administrator;]
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[(h) a representative annually designated by substance abuse directors;]
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[(i) the director of the Division of Child and Family Services within the Department of
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Human Services;]
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[(j) the director of the Division of Mental Health within the Department of Human
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Services;]
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[(k) the director of family health services programs;]
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[(l) a representative annually designated by the Utah School Superintendents Association;]
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[(m) a juvenile court judge designated by the presiding officer of the state Judicial
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Council;]
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[(n) a representative annually designated by the local health officers;]
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[(o) a representative annually designated by the executive director of the Department of
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Workforce Services;]
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[(p) three at-large members appointed by a majority of the committee to four-year terms,
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who represent a statewide perspective on children and youth issues; and]
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[(q) parent representatives appointed by members specified in Subsections (a) through (p).]
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[(4) Additional members may be selected by a majority of the committee to serve as voting
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members for four-year terms.]
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(a) five parent or family representatives representing both urban and rural areas of the
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state;
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(b) one representative from each of the state agencies that comprise the council established
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in Section
63-75-4
;
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(c) five representatives of statewide community-based organizations;
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(d) one representative from a local community within the geographical boundaries as
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defined by juvenile court districts; and
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(e) a minimum of four and maximum of seven representatives of local community
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initiatives which are reflective of collaborative service delivery systems.
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(3) Steering committee members identified in Subsections (2)(a), (b), (c), and (e) shall be
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appointed by the council.
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(4) Steering committee members identified in Subsection (2)(d) shall be appointed by the
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council upon the recommendation of community members within each of the specified geographic
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boundaries.
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(5) (a) Except as required by Subsection (5)(b), as terms of current at-large committee
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members expire, the committee shall appoint each new member or reappointed member to a
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four-year term.
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(b) Notwithstanding the requirements of Subsection (5)(a), the committee shall, at the time
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of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
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committee members are staggered so that approximately half of the at-large committee members
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are appointed every two years.
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(6) 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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(7) The members shall annually elect a chair and vice chair.
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(8) A majority of committee members are necessary to constitute a quorum and to transact
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the business of the committee.
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(9) (a) (i) Members who are not government employees may not receive 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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(10) The committee shall:
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(a) assist the council in fulfilling its duties set out in Section
63-75-4
;
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(b) monitor, solicit input for policy changes, and provide technical assistance to local
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collaborative programs; and
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(c) report any formal recommendations to the council.
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Section 3.
Section
63-75-5.5
is amended to read:
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63-75-5.5. Staffing.
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The Department of Human Services, the Department of Health, the State Office of
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Education, the Department of Workforce Services, and the Office of the Court Administrator shall
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provide staff for the state council and steering committee.
Legislative Review Note
as of 1-27-00 12:14 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.