Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 78 (2025GS)

Sponsor

Sen. Plumb, Jen

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the homeless services provider ombudsman (ombudsman) within the Office of Homeless Services (office);
• describes the duties and functions of the ombudsman;
• authorizes the office to make rules to implement and carry out the ombudsman's duties and functions; and
• provides for a sunset review after five years.

Every vote on this bill

Bill text

24
35A-16-208
35A-16-801
35A-16-802
63I-1-235
0
Homeless Individuals Protection Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill creates the homeless service provider ombudsman within the Office of Homeless 
Services.
Highlighted Provisions:
This bill:
defines terms;
creates the homeless services provider ombudsman (ombudsman) within the Office of 
Homeless Services (office); 
describes the duties and functions of the ombudsman; 
authorizes the office to make rules to implement and carry out the ombudsman's duties 
and functions; and
provides for a sunset review after five years.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-16-208
, as enacted by Laws of Utah 2024, Chapter 338
63I-1-235
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
ENACTS:
35A-16-801
, Utah Code Annotated 1953
35A-16-802
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
35A-16-208
 is amended to read:
35A-16-208
. Reporting requirements -- Outcome measures.
(1)
(a)
The office shall report, for the state and for each local homeless council:
(i)
the state's year-to-date progress toward reaching a functional zero level of 
homelessness for each type of homelessness and subpopulation, including:
(A)
the number of individuals who are homeless for the first time;
(B)
the number of individuals who returned to homelessness after having exited 
homelessness within the two previous years;
(C)
the number of individuals who remained homeless since the last report;
(D)
the number of individuals experiencing homelessness since the last report by 
household type;
(E)
the number of individuals who exited by exit destination; and
(F)
the number of individuals who are experiencing homelessness for the first time 
plus the number of individuals who are returning to homelessness minus the 
number of individuals who are exiting homelessness;
(ii)
the percentage of individuals experiencing homelessness who:
(A)
have a mental health disorder;
(B)
have a substance use disorder;
(C)
have a chronic health condition;
(D)
have a physical disability;
(E)
have a developmental disability;
(F)
have HIV/AIDS;
(G)
are survivors of domestic violence;
(H)
are veterans; and
(I)
are unaccompanied youth 24 years old or younger;
(iii)
the number of individuals who exited homeless services since the last report by:
(A)
type of homelessness;
(B)
subpopulation; and
(C)
exit destination; 
and
(iv)
the 
progress, by project type, on each goal established in accordance with 
Subsection (3)
.
; and
(v)
the data provided by the homeless services provider ombudsman as described in 
Section 
35A-16-802
.
(b)
The reports described in this Subsection (1) shall contain aggregated, de-identified 
information.
(2)
The office shall report the data described in Subsection (1):
(a)
in the annual report required by Section 
35A-16-203
;
(b)
on or before October 1 of each year, through an oral presentation to the Economic 
Development and Workforce Services Interim Committee; and
(c)
on a data dashboard for the public with specific additional data points recommended 
by the board.
(3)
The board and the local homeless councils shall jointly establish quarterly goals for 
each project type.
(4)
The board and the local homeless councils shall jointly make annual progress reports 
identifying:
(a)
the percentage of clients screened for social needs;
(b)
the percentage of clients subsequently referred to community-based providers who 
can:
(i)
address the client's needs;
(ii)
follow-up on status of addressing the client's needs; and
(iii)
report back to the referring entity;
(c)
the number of youth receiving parent or guardian bereavement support services; and
(d)
the number of clients with:
(i)
a successful exit;
(ii)
an unsuccessful exit;
(iii)
a neutral exit; and
(iv)
continued enrollment in the project.
Section 2, Section 
35A-16-801
 is enacted to read:
8. Homeless Services Provider Ombudsman
35A-16-801
. Homeless services provider ombudsman -- Definitions -- Creation -- 
Appointment -- Qualifications.
(1)
As used in this part:
(a)
"Client" means the same at that term is defined in Section 
35A-16-102
.
(b)
"Complainant" means a person who initiates a complaint with the ombudsman.
(c)
"Complaint" means a complaint regarding an act or omission by a service provider 
with respect to a particular client.
(d)
"Office" means the Office of Homeless Services described in Chapter 16, Part 2, 
Office of Homeless Services.
(e)
"Ombudsman" means the homeless services provider ombudsman appointed under 
this section.
(f)
"Service provider" means the same as that term is defined in Section 
35A-16-102
.
(2)
(a)
There is created within the office the position of homeless services provider 
ombudsman to investigate complaints made against service providers by or on behalf 
of individuals experiencing homelessness.
(b)
The executive director of the department shall:
(i)
appoint an ombudsman who has:
(A)
recognized executive and administrative capacity; and
(B)
experience in human welfare, and in state laws and policies governing 
vulnerable populations; and
(ii)
select the ombudsman solely with regard to qualifications and fitness to discharge 
the duties of the ombudsman.
(c)
The ombudsman shall:
(i)
serve at the pleasure of the executive director of the department; and
(ii)
devote full-time to the duties described in this part.
Section 3, Section 
35A-16-802
 is enacted to read:
35A-16-802
. Homeless services provider ombudsman -- Powers and duties -- 
Reporting requirements.
(1)
The ombudsman shall:
(a)
provide training and information to public agencies, private entities, individuals, 
service providers, and other interested parties across the state regarding:
(i)
the role and duties of the ombudsman;
(ii)
the rights and privileges of an individual experiencing homelessness;
(iii)
services available in the state to an individual experiencing homelessness; and
(iv)
how to submit a complaint; and
(b)
develop a website to provide the information described in this Subsection (1) in a 
form that is easily accessible.
(2)
The ombudsman may:
(a)
decline to investigate a complaint or continue an investigation of a complaint;
(b)
conduct an investigation on the ombudsman's own initiative;
(c)
conduct further investigation upon the request of the complainant; or
(d)
recommend that a complainant pursue other available remedies before pursuing a 
complaint with the ombudsman.
(3)
(a)
A service provider shall display an ombudsman program information poster 
containing the information described in Subsection 
(1)
 in a location that is easily 
visible to all clients, volunteers, and staff members.
(b)
The office is responsible for providing the posters, which shall include a phone 
number and a link to the website described in Subsection 
(1)(b)
.
(4)
After the ombudsman receives a complaint, the ombudsman shall notify the 
complainant and the office:
(a)
whether the ombudsman will investigate the complaint; and
(b)
if the ombudsman decides not to investigate the complaint, the reason for the 
decision.
(5)
(a)
If the ombudsman decides to investigate a complaint, the ombudsman shall 
determine whether a service provider's act or omission with respect to a particular 
client:
(i)
is contrary to state or federal law;
(ii)
places a client's health or safety at risk;
(iii)
is made without an adequate statement of reason; or
(iv)
is based on irrelevant, immaterial, or erroneous grounds.
(b)
If the ombudsman determines, after completing the investigation described in 
Subsection 
(5)
(a), that a service provider's act or omission violates state or federal 
law, the ombudsman shall:
(i)
prepare a written report of the findings and recommendations, as described in 
Subsection (6), if any, of each investigation;
(ii)
provide a copy of the report to the claimant; and
(iii)
provide a copy of the report and recommendations, if any, to the office and the 
appropriate county or district attorney or the attorney general.
(6)
The ombudsman may make recommendations to the office to consider:
(a)
policies or procedures that may need to be addressed, modified, or canceled; or
(b)
any other recommendations necessary to carry out the purposes of this part.
(7)
(a)
On or before October 1 of each year, the ombudsman shall provide a written 
report to the office for inclusion in the office's annual report described in Section 
35A-16-208
.
(b)
The written report shall include:
(i)
the total number of complaints filed with the ombudsman;
(ii)
the number of complaints the ombudsman investigated;
(iii)
reoccurring themes among complaints, if any; and
(iv)
any recommendations described in Subsection (6).
(8)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the office shall make rules to implement this part.
(b)
The rules described in Subsection 
(8)(a)
 shall include a maximum time within which 
the ombudsman is required to respond to and complete an investigation of a 
complaint under Subsections 
(4)
 and (5).
(9)
Subsection 
(2)(d)
 does not prevent a complainant from making a complaint directly with 
the ombudsman before pursuing any other available remedies provided for in state or 
federal law.
Section 4, Section 
63I-1-235
 is amended to read:
63I-1-235
. Repeal dates: Title 35A.
(1)
Subsection 
35A-1-202
(2)(d), regarding the Child Care Advisory Committee, is repealed 
July 1, 2026.
(2)
Section 
35A-3-205
, Creation of committee, is repealed July 1, 2026.
(3)
Subsection 
35A-4-502
(5), regarding the Employment Advisory Council, is repealed 
July 1, 2029.
(4)
Title 35A, Chapter 9, Part 6, Education Savings Incentive Program, is repealed July 1, 
2028.
(5)
Section 
35A-13-303
, State Rehabilitation Advisory Council, is repealed July 1, 2034.
(6)
Section 
35A-16-206
, Utah Homeless Network Steering Committee, is repealed July 1, 
2027.
(7)
Section 
35A-16-207
, Duties of the steering committee, is repealed July 1, 2027.
(8)
Title 35A, Chapter 16, Part 8, Homeless Services Provider Ombudsman, is repealed 
July 1, 2030.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 4:18 PM