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H.B. 340
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COST-OF-LIVING ADJUSTMENT FOR YOUTH
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CORRECTIONS PRIVATE PROVIDERS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Blake D. Chard
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AN ACT RELATING TO STATE AFFAIRS IN GENERAL; REQUIRING THE GOVERNOR
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TO INCLUDE IN THE BUDGET FOR THE DEPARTMENT OF HUMAN SERVICES
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COST-OF-LIVING INCREASES FOR CONTRACT PROVIDERS WITH THE DIVISIONS OF
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CHILD AND FAMILY SERVICES AND YOUTH 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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63-38-2, as last amended by Chapter 21, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-38-2
is amended to read:
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63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
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Appropriations based on current tax laws and not to exceed estimated revenues.
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(1) (a) The governor shall, within three days after the convening of the Legislature in the
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annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
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officer of each house of the Legislature together with a schedule for all of the proposed
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appropriations of the budget, clearly itemized and classified.
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(b) The budget message shall include a projection of estimated revenues and expenditures
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for the next fiscal year.
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(2) At least 34 days before the submission of any budget, the governor shall deliver a
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confidential draft copy of his proposed budget recommendations to the Office of the Legislative
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Fiscal Analyst.
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(3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
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revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
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(b) The budget may be accompanied by a separate document showing proposed
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expenditures and estimated revenues based on changes in state tax laws or rates.
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(4) The budget shall be accompanied by a statement showing:
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(a) the revenues and expenditures for the last fiscal year;
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(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds
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of the state;
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(c) an estimate of the state's financial condition as of the beginning and the end of the
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period covered by the budget;
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(d) a complete analysis of lease with an option to purchase arrangements entered into by
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state agencies;
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(e) the recommendations for each state agency for new full-time employees for the next
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fiscal year; which recommendation should be provided also to the State Building Board under
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Subsection
63A-5-103
(2);
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(f) any explanation the governor may desire to make as to the important features of the
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budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
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revenue; and
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(g) the information detailing certain regulatory fee increases required by Section
63-38-3.2
.
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(5) The budget shall include an itemized estimate of the appropriations for:
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(a) the Legislative Department as certified to the governor by the president of the Senate
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and the speaker of the House;
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(b) the Executive Department;
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(c) the Judicial Department as certified to the governor by the state court administrator;
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(d) payment and discharge of the principal and interest of the indebtedness of the state of
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Utah;
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(e) the salaries payable by the state under the Utah Constitution or under law for the lease
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agreements planned for the next fiscal year;
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(f) other purposes that are set forth in the Utah Constitution or under law; and
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(g) all other appropriations.
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(6) Deficits or anticipated deficits shall be included in the budget.
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(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
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from the proper state officials, including public and higher education officials, all heads of
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executive and administrative departments and state institutions, bureaus, boards, commissions, and
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agencies expending or supervising the expenditure of the state moneys, and all institutions
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applying for state moneys and appropriations, itemized estimates of revenues and expenditures.
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The entities required by this Subsection (7)(a)(i) to submit itemized estimates of revenues and
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expenditures to the governor, shall also report to the Utah Information Technology Commission
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created in Title 63D, Chapter 1, before October 30 of each year. The report to the Information
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Technology Commission shall include the proposed information technology expenditures and
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objectives, the proposed appropriation requests and other sources of revenue necessary to fund the
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proposed expenditures and an analysis of:
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(A) the entity's need for appropriations for information technology;
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(B) how the entity's development of information technology coordinates with other state
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or local government entities;
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(C) any performance measures used by the entity for implementing information technology
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goals; and
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(D) any efforts to develop public/private partnerships to accomplish information
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technology goals.
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(ii) (A) The governor may also require other information under these guidelines and at
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times as the governor may direct.
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(B) These guidelines may include a requirement for program productivity and performance
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measures, where appropriate, with emphasis on outcome indicators.
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(b) The estimate for the Legislative Department as certified by the presiding officers of
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both houses shall be included in the budget without revision by the governor. Before preparing
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the estimates for the Legislative Department, the Legislature shall report to the Information
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Technology Commission the proposed information technology expenditures and objectives, the
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proposed appropriation requests and other sources of revenue necessary to fund the proposed
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expenditures, including an analysis of:
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(i) the Legislature's implementation of information technology goals;
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(ii) any coordination of information technology with other departments of state and local
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government;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the entity for implementing information technology
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goals.
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(c) The estimate for the Judicial Department, as certified by the state court administrator,
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shall also be included in the budget without revision, but the governor may make separate
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recommendations on it. Before preparing the estimates for the Judicial Department, the state court
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administrator shall report to the Information Technology Commission the proposed information
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technology expenditures and objectives, the proposed appropriation requests and other sources of
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revenue necessary to fund the proposed expenditures, including an analysis of:
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(i) the Judicial Department's information technology goals;
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(ii) coordination of information technology statewide between all courts;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the entity for implementing information technology
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goals.
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(d) Before preparing the estimates for the State Office of Education, the state
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superintendent shall report to the Information Technology Commission the proposed information
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technology expenditures and objectives, the proposed appropriation requests and other sources of
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revenue necessary to fund the proposed expenditures, including an analysis of:
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(i) the Office of Education's information technology goals;
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(ii) coordination of information technology statewide between all public schools;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the Office of Education for implementing
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information technology goals.
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(e) Before preparing the estimates for the state system of Higher Education, the
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commissioner shall report to the Information Technology Commission the proposed information
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technology expenditures and objectives, the proposed appropriation requests and other sources of
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revenue necessary to fund the proposed expenditures, including an analysis of:
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(i) Higher Education's information technology goals;
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(ii) coordination of information technology statewide within the state system of higher
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education;
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(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and
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(iv) any performance measures used by the state system of higher education for
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implementing information technology goals.
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(f) The governor may require the attendance at budget meetings of representatives of
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public and higher education, state departments and institutions, and other institutions or individuals
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applying for state appropriations.
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(g) The governor may revise all estimates, except those relating to the Legislative
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Department, the Judicial Department, and those providing for the payment of principal and interest
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to the state debt and for the salaries and expenditures specified by the Utah Constitution or under
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the laws of the state.
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(8) The total appropriations requested for expenditures authorized by the budget may not
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exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal
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year.
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(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
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not affect the budget itself or any other item in it.
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(10) (a) In submitting the budget for the Departments of Health and Human Services, the
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governor shall consider a separate recommendation in his budget for funds to be contracted to:
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(i) local mental health authorities under Section
17A-3-606
;
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(ii) local substance abuse authorities under Section
62A-8-110.5
;
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(iii) area agencies under Section
62A-3-104.2
;
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(iv) programs administered directly by and for operation of the Divisions of Mental Health,
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Substance Abuse, and Aging and Adult Services; and
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(v) local health departments under Title 26A, Chapter 1, Local Health Departments.
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(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
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shall consider an amount sufficient to grant local health departments, local mental health
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authorities, local substance abuse authorities, and area agencies the same percentage increase for
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wages and benefits that he includes in his budget for persons employed by the state.
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(c) If the governor does not include in his budget an amount sufficient to grant the increase
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described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
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for not including that amount.
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(11) (a) In submitting the budget for the Division of Services for People with Disabilities,
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the Division of Child and Family Services, and the Division of Youth Corrections within the
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Department of Human Services, the governor shall consider an amount sufficient to grant
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employees of [private nonprofit] corporations that provide direct services under contract with [that
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division] those divisions, the same percentage increase for cost-of-living that he includes in his
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budget for persons employed by the state.
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(b) If the governor does not include in his budget an amount sufficient to grant the increase
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described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
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for not including that amount.
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(12) (a) The Families, Agencies, and Communities Together Council may propose to the
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governor under Subsection
63-75-4
(4)(e) a budget recommendation for collaborative service
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delivery systems operated under Section
63-75-6.5
.
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(b) The Legislature may, through a specific program schedule, designate funds
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appropriated for collaborative service delivery systems operated under Section
63-75-6.5
.
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(13) The governor shall include in his budget the state's portion of the budget for the Utah
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Communications Agency Network established in Title 63C, Chapter 7, Utah Communications
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Agency Network Act.
Legislative Review Note
as of 2-1-00 12:41 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.