S.B. 17

1

ACCOUNT FOR PEOPLE WITH DISABILITIES
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Margaret Dayton
6 House Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Government Operations Interim Committee recommended this bill.
11 General Description:
12 This bill modifies Title 63A, Utah Administrative Services Code, and Title 63J,
13 Budgeting, by amending procedures related to the Account for People with Disabilities
14 restricted account.
15 Highlighted Provisions:
16 This bill:
17 . requires a two-thirds vote of the Legislature to repeal the section creating the
18 Account for People with Disabilities restricted account;
19 . prohibits the Legislature from using money in the Account for People with
20 Disabilities Restricted Account to eliminate an operating deficit; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 63A-5-220, as last amended by Laws of Utah 2011, Chapter 289
29 63J-1-211, as renumbered and amended by Laws of Utah 2009, Chapter 183
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63A-5-220 is amended to read:
33 63A-5-220. Definitions -- Creation of Account for People with Disabilities -- Use
34 of restricted account.
35 (1) As used in this section:
36 (a) "Developmental center" means the Utah State Developmental Center described in
37 Section 62A-5-201 .
38 (b) "DSPD" means the Division of Services for People with Disabilities within the
39 Department of Human Services.
40 (c) "Long-term lease" means:
41 (i) a lease with a term of five years or more; or
42 (ii) a lease with a term of less than five years that may be unilaterally renewed by the
43 lessee.
44 (2) Notwithstanding Section 63A-5-215 , any money received by the division or DSPD
45 from the sale, lease, except any lease existing on May 1, 1995, or other disposition of real
46 property associated with the developmental center shall be deposited in the restricted account
47 created in Subsection (3).
48 (3) (a) There is created a restricted account within the General Fund known as the
49 "Account for People with Disabilities."
50 (b) The Division of Finance shall deposit the following revenues into the restricted
51 account:
52 (i) revenue from the sale, lease, except any lease existing on May 1, 1995, or other
53 disposition of real property associated with the developmental center;
54 (ii) revenue from the sale, lease, or other disposition of water rights associated with the
55 developmental center; and
56 (iii) revenue from voluntary contributions made to the restricted account.
57 (c) The state treasurer shall invest money in the fund according to the procedures and
58 requirements of Title 51, Chapter 7, State Money Management Act, and the interest shall

59 remain with the restricted account.
60 (d) (i) Except as provided in Subsection (3)(d)(ii), an expenditure or appropriation may
61 not be made from the restricted account.
62 (ii) (A) The Legislature may appropriate interest earned on restricted account money
63 invested pursuant to this Subsection (3)(d), leases from real property and improvements, leases
64 from water, rents, and fees to DSPD for programs described in Title 62A, Chapter 5, Services
65 for People with Disabilities.
66 (B) Restricted account money appropriated each year under Subsection (3)(d)(ii)(A)
67 may not be expended unless approved by the director of the Division of Services for People
68 with Disabilities within the Department of Human Services in consultation with the executive
69 director of the department.
70 (4) (a) Notwithstanding Section 65A-4-1 , any sale or disposition of real property or
71 water rights associated with the developmental center shall be conducted as provided in this
72 Subsection (4).
73 (b) The division shall secure the concurrence of DSPD and the approval of the
74 governor before making the sale or other disposition of land or water rights.
75 (c) In addition to the concurrences required by Subsection (4)(b), the division shall
76 secure the approval of the Legislature before offering the land or water rights for sale,
77 exchange, or long-term lease.
78 (d) The division shall sell or otherwise dispose of the land or water rights as directed
79 by the governor.
80 (e) The division may not sell, exchange, or enter into a long-term lease of the land or
81 water rights for a price or estimated value below the average of two appraisals conducted by an
82 appraiser who holds an appraiser's certificate or license issued by the Division of Real Estate
83 under Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act.
84 (5) This section may not be repealed without a two-thirds majority vote of both bodies
85 of the Legislature.
86 Section 2. Section 63J-1-211 is amended to read:
87 63J-1-211. Appropriating from restricted accounts.
88 (1) As used in this section, "operating deficit" means that estimated General Fund or
89 Uniform School Fund revenues are less than budgeted for the current or next fiscal year.

90 (2) [Notwithstanding] Except as provided in Subsection (3), notwithstanding any other
91 statute that limits the Legislature's power to appropriate from a restricted account, if the
92 Legislature determines that an operating deficit exists, unless prohibited by federal law or court
93 order, the Legislature may, in eliminating the deficit, appropriate money from a restricted
94 account into the General Fund.
95 (3) The Legislature may not appropriate money from the Account for People With
96 Disabilities restricted account created in Section 63A-5-220 in order to eliminate an operating
97 deficit.




Legislative Review Note
as of 11-13-12 3:09 PM

Office of Legislative Research and General Counsel

[Bill Documents]