Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 388 Second Substitute (2024GS)

Sponsor

Rep. Acton, C.K.

Final action

Governor Signed 3/21/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Division of Services for People with Disabilities (division) to report certain information upon request by a legislator or legislative committee;
• provides that the division must provide notice, hold a public hearing, and fund a reasonably equivalent service if the division changes a rule or policy that results in a reduction or elimination of day program or supported employment services; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DIVISION OF SERVICES FOR PEOPLE WITH
DISABILITIES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: 
 Michael S. Kennedy
LONG TITLE
General Description:
This bill amends provisions concerning the Division of Services for People with
Disabilities.
Highlighted Provisions:
This bill:
▸ requires the Division of Services for People with Disabilities (division) to report
certain information upon request by a legislator or legislative committee;
▸ provides that the division must provide notice, hold a public hearing, and fund a
reasonably equivalent service if the division changes a rule or policy that results in a
reduction or elimination of day program or supported employment services; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-6-405
, as renumbered and amended by Laws of Utah 2023, Chapter 308
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-6-405
 is amended to read:
26B-6-405.
Division responsibilities -- Policy mediation.
(1) The division shall establish its rules in accordance with:
(a) the policy of the Legislature as set forth by this part; and
(b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) The division shall:
(a) establish program policy for the division, the developmental center, and programs
and facilities operated by or under contract with the division;
(b) establish rules for the assessment and collection of fees for programs within the
division;
(c) no later than July 1, 2003, establish a graduated fee schedule based on ability to pay
and implement the schedule with respect to service recipients and their families where not
otherwise prohibited by federal law or regulation or not otherwise provided for in Section
26B-6-411
;
(d) establish procedures to ensure that private citizens, consumers, private contract
providers, allied state and local agencies, and others are provided with an opportunity to
comment and provide input regarding any new policy or proposed revision to an existing
policy;
(e) provide a mechanism for systematic and regular review of existing policy and for
consideration of policy changes proposed by the persons and agencies described under
Subsection (2)(d);
(f) establish and periodically review the criteria used to determine who may receive
services from the division and how the delivery of those services is prioritized within available
funding;
(g) review implementation and compliance by the division with policies established by
the board to ensure that the policies established by the Legislature in this chapter are carried
out; [
and
]
(h) annually report to the executive director[
.
]
; and
(i) upon request by a legislator or a legislative committee, provide a report detailing
actions the divisions has taken to enhance the quality of life for individuals with disabilities,
including how the division has:
(i) provided services and support in the most person-centered way, reflecting the
unique desires, assessed competencies, and limitations of each individual, and in the least
restrictive environment best suited to each individual's needs;
(ii) ensured opportunities to access employment; and
(iii) enabled reasonable personal choice in selecting services and support that
promotes:
(A) independence;
(B) productivity; and
(C) integration in community life.
(3) (a) The division may not make, amend, or repeal a rule or policy if the effect of
making, amending, or repealing the rule or policy would be to reduce or eliminate day program
services, supported employment services, or employment preparation services for individuals
with disabilities, unless the division:
(i) provides notice of the proposed rule or policy change to all persons who would be
affected by the change at least 30 days before the proposed change becomes effective;
(ii) holds a public hearing on the proposed rule or policy change:
(A) before the proposed change becomes effective; and
(B) no less than seven days nor more than 30 days after the division satisfies the notice
requirement in Subsection (3)(a)(i); and
(iii) appropriately funds a reasonably equivalent service for individuals served by the
reduced or eliminated day program services, supported employment services, or employment
preparation services.
[
(3)
] 
(4)
 The executive director shall mediate any differences which arise between the
policies of the division and those of any other policy board or division in the department.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.