Utah 2023 Regular Session

Utah House Bill HB0242 Compare Versions

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1-2nd Sub. H.B. 242
1+1st Sub. H.B. 242
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: A. Houston 6
4-6 02-08-23 6:18 PM 6
4+6 02-01-23 3:03 PM 6
55 H.B. 242
6-2nd Sub. (Gray)
6+1st Sub. (Buff)
77 Representative Raymond P. Ward proposes the following substitute bill:
88 1 SERVICES FOR PEOPLE WITH DISABILITIES
99 2 AMENDMENTS
1010 3 2023 GENERAL SESSION
1111 4 STATE OF UTAH
1212 5 Chief Sponsor: Raymond P. Ward
13-6 Senate Sponsor: Jacob L. Anderegg
14-7Cosponsors:
15-8Cheryl K. Acton
16-9Paul Cutler
17-10Jennifer Dailey-Provost
18-Sandra Hollins
19-Dan N. Johnson
20-Marsha Judkins
21-Rosemary T. Lesser
22-Anthony E. Loubet
23-Angela Romero
24-Mark A. Wheatley
25-11
26-12LONG TITLE
27-13General Description:
28-14 This bill creates a consensus process related to the funding of services for persons with
29-15disabilities.
30-16Highlighted Provisions:
31-17 This bill:
32-18 <defines terms;
33-19 <at certain times, requires the Governor's Office of Planning and Budget, the Office
34-20of the Legislative Fiscal Analyst, and the Division of Services for People with
35-21Disabilities (division) to estimate, for the next fiscal year:
36-22 Cthe number of high-priority individuals who will be on the division's waiting list
37-23for services; and
38-24 Cthe amount that would be required to provide services to the lesser of all
39-*HB0242S02* 2nd Sub. (Gray) H.B. 242 02-08-23 6:18 PM
13+6 Senate Sponsor: ____________
14+7
15+8LONG TITLE
16+9General Description:
17+10 This bill creates a consensus process related to the funding of services for persons with
18+11disabilities.
19+12Highlighted Provisions:
20+13 This bill:
21+14 <defines terms;
22+15 <at certain times, requires the Governor's Office of Planning and Budget, the Office
23+16of the Legislative Fiscal Analyst, and the Division of Services for People with
24+17Disabilities (division) to estimate, for the next fiscal year:
25+18 Cthe number of high-priority individuals who will be on the division's waiting list
26+19for services; and
27+20 Cthe amount that would be required to provide services to the lesser of all
28+21high-priority individuals on the waiting list or 200 high-priority individuals; and
29+22 <at certain times, requires the base budget to include an appropriation to the
30+23Department of Health and Human Services equal to the amount estimated to
31+24provide services to certain high-priority individuals.
32+25Money Appropriated in this Bill:
33+*HB0242S01* 1st Sub. (Buff) H.B. 242 02-01-23 3:03 PM
4034 - 2 -
41-25high-priority individuals on the waiting list or 200 high-priority individuals; and
42-26 <at certain times, requires the base budget to include an appropriation to the
43-27Department of Health and Human Services equal to the amount estimated to
44-28provide services to certain high-priority individuals.
45-29Money Appropriated in this Bill:
46-30 None
47-31Other Special Clauses:
48-32 None
49-33Utah Code Sections Affected:
50-34ENACTS:
51-35 62A-5-112, Utah Code Annotated 1953
52-36
53-37Be it enacted by the Legislature of the state of Utah:
54-38 Section 1. Section 62A-5-112 is enacted to read:
55-39 62A-5-112. Consensus estimate -- Base budget appropriation.
56-40 (1) As used in this section:
57-41 (a) "Base budget" means the same as that term is defined in legislative rule.
58-42 (b) "Committee" means the Executive Appropriations Committee.
59-43 (c) "High-priority individual" means an eligible individual waiting for services from
60-44the division:
61-45 (i) who does not have a family caregiver to help take care of them or who is at
62-46imminent risk for losing a family caregiver;
63-47 (ii) who has been the victim of a documented incident of abuse, neglect, or
64-48exploitation;
65-49 (iii) who is at imminent risk for becoming homeless; or
66-50 (iv) whose family is at immediate risk because any of the following documented
67-51behavioral issues occur weekly or more frequently:
68-52 (A) severe physical assaults;
69-53 (B) sexually inappropriate behavior; or
70-54 (C) sexually aggressive behavior.
71-55 (2) In a year in which the estimated Income Tax Fund revenues for the next fiscal year 02-08-23 3:02 PM 2nd Sub. (Gray) H.B. 242
35+26 None
36+27Other Special Clauses:
37+28 None
38+29Utah Code Sections Affected:
39+30ENACTS:
40+31 62A-5-112, Utah Code Annotated 1953
41+32
42+33Be it enacted by the Legislature of the state of Utah:
43+34 Section 1. Section 62A-5-112 is enacted to read:
44+35 62A-5-112. Consensus estimate -- Base budget appropriation.
45+36 (1) As used in this section:
46+37 (a) "Base budget" means the same as that term is defined in legislative rule.
47+38 (b) "Committee" means the Executive Appropriations Committee.
48+39 (c) "General Fund growth factor" means the same as that term is defined in Section
49+4026-18-405.5.
50+41 (d) "High-priority individual" means an eligible individual waiting for services from
51+42the division:
52+43 (i) who does not have a family caregiver to help take care of them or who is at
53+44imminent risk for losing a family caregiver;
54+45 (ii) who has been the victim of a documented incident of abuse, neglect, or
55+46exploitation;
56+47 (iii) who is at imminent risk for becoming homeless; or
57+48 (iv) whose family is at immediate risk because any of the following documented
58+49behavioral issues occur weekly or more frequently:
59+50 (A) severe physical assaults;
60+51 (B) sexually inappropriate behavior; or
61+52 (C) sexually aggressive behavior.
62+53 (2) In a year in which the General Fund growth factor is greater than 100%:
63+54 (a) the Governor's Office of Planning and Budget, in cooperation with the Office of the
64+55Legislative Fiscal Analyst and the division, shall:
65+56 (i) estimate, for the next fiscal year, the number of high-priority individuals to whom 02-01-23 3:03 PM 1st Sub. (Buff) H.B. 242
7266 - 3 -
73-56exceed the estimated Income Tax Fund revenues for the current fiscal year and the Income Tax
74-57Fund revenues for the past fiscal year:
75-58 (a) the Governor's Office of Planning and Budget, in cooperation with the Office of the
76-59Legislative Fiscal Analyst and the division, shall:
77-60 (i) estimate, for the next fiscal year, the number of high-priority individuals to whom
78-61the division will be unable to provide services using attrition funding described in Subsection
79-6262A-5-102(7)(b); and
80-63 (ii) estimate the amount that would be required to provide division services to the
81-64lesser of:
82-65 (A) the total number of high-priority individuals estimated under Subsection (2)(a); or
83-66 (B) 200 high-priority individuals; and
84-67 (b) the next fiscal year base budget shall include an appropriation to the Department of
85-68Health and Human Services in an amount equal to the estimate made under Subsection
86-69(2)(a)(ii).
87-70 (3) The Office of the Legislative Fiscal Analyst shall provide estimates required under
88-71Subsection (2)(a) to the committee before the committee's December meeting.
89-72 (4) The division shall comply with Subsections 62a-5-102(3) and (4) when bringing
90-73individuals into division services.
67+57the division will be unable to provide services using attrition funding described in Subsection
68+5862A-5-102(7)(b); and
69+59 (ii) estimate the amount that would be required to provide division services to the
70+60lesser of:
71+61 (A) the total number of high-priority individuals estimated under Subsection (2)(a); or
72+62 (B) 200 high-priority individuals; and
73+63 (b) the next fiscal year base budget shall include an appropriation to the Department of
74+64Health and Human Services in an amount equal to the estimate made under Subsection
75+65(2)(a)(ii).
76+66 (3) The Office of the Legislative Fiscal Analyst shall provide estimates required under
77+67Subsection (2)(a) to the committee before the committee's December meeting.