Utah 2023 Regular Session

Utah House Bill HB0242 Latest Draft

Bill / Introduced Version Filed 02/09/2023

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