Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 182 (2025GS)

Sponsor

Sen. Weiler, Todd

Final action

Senate/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends and defines terms;
• requires the Department of Health and Human Services to issue a code red alert for certain weather events that may pose a danger to individuals experiencing homelessness;
• provides for certain requirements and limitations to take effect within a county that is impacted by a code red alert; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

15
26B-1-202
35A-16-801
35A-16-802
35A-16-803
Homeless Services Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
LONG TITLE
General Description:
This bill enacts certain provisions for individuals experiencing homelessness.
Highlighted Provisions:
This bill:
requires the Department of Health and Human Services to issue a code red alert for 
certain weather events that may pose a danger to individuals experiencing homelessness;
provides for certain requirements and limitations to take effect within a county that is 
impacted by a code red alert; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-202
, as last amended by Laws of Utah 2024, Chapter 506
ENACTS:
35A-16-801
, Utah Code Annotated 1953
35A-16-802
, Utah Code Annotated 1953
35A-16-803
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-1-202
 is amended to read:
26B-1-202. Department authority and duties.
The department may, subject to applicable restrictions in state law and in addition to all 
other authority and responsibility granted to the department by law:
(1)
adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 
Act, and not inconsistent with law, as the department may consider necessary or 
desirable for providing health and social services to the people of this state;
(2)
establish and manage client trust accounts in the department's institutions and 
community programs, at the request of the client or the client's legal guardian or 
representative, or in accordance with federal law;
(3)
purchase, as authorized or required by law, services that the department is responsible to 
provide for legally eligible persons;
(4)
conduct adjudicative proceedings for clients and providers in accordance with the 
procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(5)
establish eligibility standards for the department's programs, not inconsistent with state 
or federal law or regulations;
(6)
take necessary steps, including legal action, to recover money or the monetary value of 
services provided to a recipient who was not eligible;
(7)
set and collect fees for the department's services;
(8)
license agencies, facilities, and programs, except as otherwise allowed, prohibited, or 
limited by law;
(9)
acquire, manage, and dispose of any real or personal property needed or owned by the 
department, not inconsistent with state law;
(10)
receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the 
proceeds thereof, may be credited to the program designated by the donor, and may be 
used for the purposes requested by the donor, as long as the request conforms to state 
and federal policy; all donated funds shall be considered private, nonlapsing funds and 
may be invested under guidelines established by the state treasurer;
(11)
accept and employ volunteer labor or services; the department is authorized to 
reimburse volunteers for necessary expenses, when the department considers that 
reimbursement to be appropriate;
(12)
carry out the responsibility assigned in the workforce services plan by the State 
Workforce Development Board;
(13)
carry out the responsibility assigned by Section 
26B-1-430
 with respect to 
coordination of services for students with a disability;
(14)
provide training and educational opportunities for the department's staff;
(15)
collect child support payments and any other money due to the department;
(16)
apply the provisions of Title 81, Chapter 6, Child Support, to parents whose child lives 
out of the home in a department licensed or certified setting;
(17)
establish policy and procedures, within appropriations authorized by the Legislature, in 
cases where the Division of Child and Family Services or the Division of Juvenile 
Justice and Youth Services is given custody of a minor by the juvenile court under Title 
80, Utah Juvenile Code, or the department is ordered to prepare an attainment plan for a 
minor found not competent to proceed under Section 
80-6-403
, including:
(a)
designation of interagency teams for each juvenile court district in the state;
(b)
delineation of assessment criteria and procedures;
(c)
minimum requirements, and timeframes, for the development and implementation of 
a collaborative service plan for each minor placed in department custody; and
(d)
provisions for submittal of the plan and periodic progress reports to the court;
(18)
carry out the responsibilities assigned to the department by statute;
(19)
examine and audit the expenditures of any public funds provided to a local substance 
abuse authority, a local mental health authority, a local area agency on aging, and any 
person, agency, or organization that contracts with or receives funds from those 
authorities or agencies. Those local authorities, area agencies, and any person or entity 
that contracts with or receives funds from those authorities or area agencies, shall 
provide the department with any information the department considers necessary. The 
department is further authorized to issue directives resulting from any examination or 
audit to a local authority, an area agency, and persons or entities that contract with or 
receive funds from those authorities with regard to any public funds. If the department 
determines that it is necessary to withhold funds from a local mental health authority or 
local substance abuse authority based on failure to comply with state or federal law, 
policy, or contract provisions, the department may take steps necessary to ensure 
continuity of services. For purposes of this Subsection (19) "public funds" means the 
same as that term is defined in Section 
26B-5-101
;
(20)
in accordance with Subsection 
26B-2-104
(1)(d), accredit one or more agencies and 
persons to provide intercountry adoption services;
(21)
within legislative appropriations, promote and develop a system of care and 
stabilization services:
(a)
in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
(b)
that encompasses the department, department contractors, and the divisions, offices, 
or institutions within the department, to:
(i)
navigate services, funding resources, and relationships to the benefit of the 
children and families whom the department serves;
(ii)
centralize department operations, including procurement and contracting;
(iii)
develop policies that govern business operations and that facilitate a system of 
care approach to service delivery;
(iv)
allocate resources that may be used for the children and families served by the 
department or the divisions, offices, or institutions within the department, subject 
to the restrictions in Section 
63J-1-206
;
(v)
create performance-based measures for the provision of services; and
(vi)
centralize other business operations, including data matching and sharing among 
the department's divisions, offices, and institutions;
(22)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, 
Chapter 22, State Training and Certification Requirements, if the training or certification 
is required:
(a)
under this title;
(b)
by the department; or
(c)
by an agency or division within the department;
(23)
enter into cooperative agreements with the Department of Environmental Quality to 
delineate specific responsibilities to assure that assessment and management of risk to 
human health from the environment are properly administered;
(24)
consult with the Department of Environmental Quality and enter into cooperative 
agreements, as needed, to ensure efficient use of resources and effective response to 
potential health and safety threats from the environment, and to prevent gaps in 
protection from potential risks from the environment to specific individuals or 
population groups;
(25)
to the extent authorized under state law or required by federal law, promote and protect 
the health and wellness of the people within the state;
(26)
establish, maintain, and enforce rules authorized under state law or required by federal 
law to promote and protect the public health or to prevent disease and illness;
(27)
investigate the causes of epidemic, infectious, communicable, and other diseases 
affecting the public health;
(28)
provide for the detection and reporting of communicable, infectious, acute, chronic, or 
any other disease or health hazard which the department considers to be dangerous, 
important, or likely to affect the public health;
(29)
collect and report information on causes of injury, sickness, death, and disability and 
the risk factors that contribute to the causes of injury, sickness, death, and disability 
within the state;
(30)
collect, prepare, publish, and disseminate information to inform the public concerning 
the health and wellness of the population, specific hazards, and risks that may affect the 
health and wellness of the population and specific activities which may promote and 
protect the health and wellness of the population;
(31)
abate nuisances when necessary to eliminate sources of filth and infectious and 
communicable diseases affecting the public health;
(32)
make necessary sanitary and health investigations and inspections in cooperation with 
local health departments as to any matters affecting the public health;
(33)
establish laboratory services necessary to support public health programs and medical 
services in the state;
(34)
establish and enforce standards for laboratory services which are provided by any 
laboratory in the state when the purpose of the services is to protect the public health;
(35)
cooperate with the Labor Commission to conduct studies of occupational health 
hazards and occupational diseases arising in and out of employment in industry, and 
make recommendations for elimination or reduction of the hazards;
(36)
cooperate with the local health departments, the Department of Corrections, the 
Administrative Office of the Courts, the Division of Juvenile Justice and Youth 
Services, and the Utah Office for Victims of Crime to conduct testing for HIV infection 
of alleged sexual offenders, convicted sexual offenders, and any victims of a sexual 
offense;
(37)
investigate the causes of maternal and infant mortality;
(38)
establish, maintain, and enforce a procedure requiring the blood of adult pedestrians 
and drivers of motor vehicles killed in highway accidents be examined for the presence 
and concentration of alcohol, and provide the Commissioner of Public Safety with 
monthly statistics reflecting the results of these examinations, with necessary safeguards 
so that information derived from the examinations is not used for a purpose other than 
the compilation of these statistics;
(39)
establish qualifications for individuals permitted to draw blood under Subsection 
41-6a-523
(1)(a)(vi), 
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or 
77-23-213
(3)(a)(vi), 
and to issue permits to individuals the department finds qualified, which permits may be 
terminated or revoked by the department;
(40)
establish a uniform public health program throughout the state which includes 
continuous service, employment of qualified employees, and a basic program of disease 
control, vital and health statistics, sanitation, public health nursing, and other preventive 
health programs necessary or desirable for the protection of public health;
(41)
conduct health planning for the state;
(42)
monitor the costs of health care in the state and foster price competition in the health 
care delivery system;
(43)
establish methods or measures for health care providers, public health entities, and 
health care insurers to coordinate among themselves to verify the identity of the 
individuals the providers serve;
(44)
designate Alzheimer's disease and related dementia as a public health issue and, within 
budgetary limitations, implement a state plan for Alzheimer's disease and related 
dementia by incorporating the plan into the department's strategic planning and 
budgetary process;
(45)
coordinate with other state agencies and other organizations to implement the state 
plan for Alzheimer's disease and related dementia;
(46)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, 
Chapter 22, State Training and Certification Requirements, if the training or certification 
is required by the agency or under this Title 26B, Utah Health and Human Services Code;
(47)
oversee public education vision screening as described in Section 
53G-9-404
;
(48)
issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue 
Alert; 
(49)
issue code red alerts in accordance with Title 35A, Chapter 16, Part 8, Code Red Alert; 
and
(49)
(50)
as allowed by state and federal law, share data with the Office of Families that is 
relevant to the duties described in Subsection 
26B-1-243(4)
, which may include, to the 
extent available:
(a)
demographic data concerning family structures in the state; and
(b)
data regarding the family structure associated with:
(i)
suicide, depression, or anxiety; and
(ii)
various health outcomes.
Section 2, Section 
35A-16-801
 is enacted to read:
8. Code Red Alert
35A-16-801. Definitions.
As used in this section:
(1)
"Affected county" means a county of the first, second, third, or fourth class in which a 
code red event is anticipated.
(2)
"Applicable local homeless council" means the local homeless council that is 
responsible for coordinating homeless response within an affected county.
(3)
"Capacity limit" means a limit as to the number of individuals that a homeless shelter 
may provide temporary shelter to under a conditional use permit.
(4)
"Code red alert" means a proclamation issued by the Department of Health and Human 
Services under Section 
35A-16-802
 to alert the public of a code red event.
(5)
"Code red event" means a weather event in which the National Weather Service predicts 
temperatures of 105 degrees Fahrenheit or greater, including any other extreme weather 
conditions established in rules made by the Department of Health and Human Services 
under Subsection 
35A-16-802(4)
, to occur in any county of the first, second, third, or 
fourth class for two hours or longer within the next 24 to 48 hours.
(6)
"Homeless shelter" means a facility that provides temporary shelter to individuals 
experiencing homelessness.
(7)
"Municipality" means a city or town.
Section 3, Section 
35A-16-802
 is enacted to read:
35A-16-802. Code red alert -- Content -- Dissemination -- Rulemaking.
Subject to rules made by the Department of Health and Human Services under 
Subsection 
35A-16-802(4)
, the following provisions take effect within an affected county for 
the duration of a code red alert:
(1)
The Department of Health and Human Services shall:
(a)
monitor and evaluate forecasts and advisories produced by the National Weather 
Service;
(b)
issue a code red alert under this section if the Department of Health and Human 
Services identifies a code red event; and
(c)
disseminate the code red alert to:
(i)
the public at large;
(ii)
homeless shelters located within an affected county;
(iii)
local government entities located within an affected county;
(iv)
the office; and
(v)
any other relevant public or private entities that provide services to individuals 
experiencing homelessness within an affected county.
(2)
The code red alert shall:
(a)
identify each affected county;
(b)
specify the duration of the code red alert;
(c)
describe the provisions that take effect for the duration of the code red alert as 
described in Section 
35A-16-803
; and
(d)
include the information prepared by the office under Subsection (3).
(3)
(a)
The office shall prepare and regularly update information to assist individuals 
experiencing homelessness during a code red event, including:
(i)
the location and availability of homeless shelters and other community resources 
and services for individuals experiencing homelessness;
(ii)
information regarding public safety and emergency services; and
(iii)
any other information considered relevant by the office.
(b)
The office shall submit to the Department of Health and Human Services the 
information prepared and updated under Subsection (3)(a).
(4)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the Department of Health and Human Services, in coordination with the office, shall 
make rules to implement this section.
(b)
The rules under Subsection (4)(a) shall:
(i)
establish any extreme weather conditions that warrant the issuance of a code red 
alert; and
(ii)
establish standards for:
(A)
monitoring and evaluating National Weather Service forecasts and advisories 
to identify code red events;
(B)
issuing code red alerts under this section, including the form, content, and 
dissemination of code red alerts;
(C)
the provisions that take effect within an affected county for the duration of a 
red alert under Section 
35A-16-803
; and
(D)
coordinating with the office to receive the information described in 
Subsection (3).
(5)
Nothing in this section prohibits a municipality from implementing emergency plans or 
other measures to assist individuals experiencing homelessness at times when 
environmental conditions present a substantial threat to the health or safety of 
individuals experiencing homelessness, provided that the emergency plans or other 
measures implemented by the municipality do not conflict with any applicable 
provisions that take effect during a code red event in accordance with Section 
35A-16-803
.
Section 4, Section 
35A-16-803
 is enacted to read:
35A-16-803. Provisions in effect for duration of a code red alert.
Subject to rules made by the Department of Health and Human Services under 
Subsection 
35A-16-802(4)
, the following provisions take effect within an affected county for 
the duration of a code red alert:
(1)
a homeless shelter may expand the homeless shelter's capacity limit by up to 35% to 
provide temporary shelter to any number of individuals experiencing homelessness, so 
long as the homeless shelter is in compliance with the applicable building code and fire 
code;
(2)
a homeless shelter, in coordination with the applicable local homeless council, shall 
implement expedited intake procedures for individuals experiencing homelessness who 
request access to the homeless shelter;
(3)
a homeless shelter may not deny temporary shelter to any individual experiencing 
homelessness who requests access to the homeless shelter for temporary shelter unless 
the homeless shelter is at the capacity limit described in Subsection (1) or if a reasonable 
individual would conclude that the individual presents a danger to public safety;
(4)
any indoor facility owned by a private organization, nonprofit organization, state 
government entity, or local government entity may be used to provide temporary shelter 
to individuals experiencing homelessness and is exempt from the licensure requirements 
of Title 26B, Chapter 2, Licensing and Certifications, for the duration of the code red 
alert and seven days following the day on which the code red alert ends, so long as the 
facility is in compliance with the applicable building code and fire code and the 
governing body of the organization or the legislative body of the government entity that 
owns the facility approves the use;
(5)
homeless shelters, state and local government entities, and other organizations that 
provide services to individuals experiencing homelessness shall coordinate street 
outreach efforts to distribute to individuals experiencing homelessness any available 
resources for survival in hot weather, including water, lightweight and light-colored 
clothing, a hat, sunscreen, or other items that may protect the individual from heat;
(6)
a state or local government entity, including a municipality, law enforcement agency, 
and local health department, may enforce a camping ordinance but may not seize from 
individuals experiencing homelessness any personal items for survival in hot weather, 
including clothing, tents, or other items used for shade; and
(7)
a municipality or other local government entity may not enforce any ordinance or policy 
that limits or restricts the ability for the provisions described in Subsections (1) through 
(5) to take effect, including local zoning ordinances.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-28-25 11:06 AM