Representative Robert M. Spendlove proposes the following substitute bill:


1     
STATE FUNDING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Don L. Ipson

5     
House Sponsor: Robert M. Spendlove

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to state funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes the Brain Injury Fund to a restricted account and renames it the Brain Injury
13     Account;
14          ▸     clarifies how carry forward funds are deposited into the Division of Services for
15     People with Disabilities Restricted Account;
16          ▸     changes the Alternative Eligibility Expendable Revenue Fund to a restricted account
17     and renames it the Alternative Eligibility Account;
18          ▸     creates the State Armory Fund;
19          ▸     increases the amount the Legislature may appropriate from the Uninsured Motorist
20     Identification Restricted Account to the Peace Officer Standards and Training
21     Division for certain law enforcement training;
22          ▸     modifies the Department of Government Operations' authority to transfer money
23     appropriated for certain costs;
24          ▸     allows the Division of Finance to transfer money from the Income Tax Fund to the
25     Uniform School Fund under certain circumstances;

26          ▸     increases the amount of revenue bonds the Utah Board of Higher Education may
27     issue to finance the West Valley Health and Community Center;
28          ▸     changes the Transient Room Tax Fund to a fiduciary fund;
29          ▸     repeals:
30               •     the Invasive Species Mitigation Account; and
31               •     the Prison Project Fund; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          This bill provides a special effective date.
37          This bill provides a coordination clause.
38     Utah Code Sections Affected:
39     AMENDS:
40          4-17-115, as last amended by Laws of Utah 2018, Chapter 355
41          26B-1-318, as last amended by Laws of Utah 2023, Chapter 335 and renumbered and
42     amended by Laws of Utah 2023, Chapter 305
43          26B-1-335, as enacted by Laws of Utah 2023, Chapter 325
44          26B-3-910, as enacted by Laws of Utah 2023, Chapter 332
45          39A-2-102, as renumbered and amended by Laws of Utah 2022, Chapter 373
46          41-12a-806, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
47          53F-9-201 (Superseded 01/01/25), as last amended by Laws of Utah 2022, Chapter
48     456
49          53F-9-201 (Effective 01/01/25), as last amended by Laws of Utah 2023, Chapter 293
50          63B-32-101, as enacted by Laws of Utah 2022, Chapter 315
51          63J-1-206, as last amended by Laws of Utah 2022, Chapters 40, 425
52          63J-1-207, as renumbered and amended by Laws of Utah 2009, Chapter 183
53          63N-3-403, as renumbered and amended by Laws of Utah 2015, Chapter 283
54     REPEALS:
55          4-17-114, as last amended by Laws of Utah 2018, Chapter 355
56          63A-5b-1107, as last amended by Laws of Utah 2023, Chapter 534

57          63B-25-101, as last amended by Laws of Utah 2020, Chapter 152
58     Utah Code Sections Affected By Coordination Clause:
59          26B-1-318, as last amended by Laws of Utah 2023, Chapter 335 and renumbered and
60     amended by Laws of Utah 2023, Chapter 305
61     

62     Be it enacted by the Legislature of the state of Utah:
63          Section 1. Section 4-17-115 is amended to read:
64          4-17-115. Cooperative agreements and grants to rehabilitate areas infested with
65     or threatened by invasive species.
66          The department may:
67          (1) enter into a cooperative agreement with a political subdivision, a state agency, a
68     federal agency, a tribe, a county weed board, a cooperative weed management area, a nonprofit
69     organization, a university, or a private landowner to:
70          (a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or
71          (b) conduct research related to invasive species; and
72          [(2) expend money from the Invasive Species Mitigation Account created in Section
73     4-17-114; and]
74          [(3)] (2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
75     Act, make rules to[:] award grants and administer this section.
76          [(a) administer this section; and]
77          [(b) give grants from the Invasive Species Mitigation Account.]
78     The following section is affected by a coordination clause at the end of this bill.
79          Section 2. Section 26B-1-318 is amended to read:
80          26B-1-318. Brain Injury Account.
81          (1) There is created [an expendable special revenue fund] a restricted account within
82     the General Fund known as the "Brain Injury [Fund] Account."
83          (2) The [fund] account shall consist of:
84          (a) gifts, grants, donations, or any other conveyance of money that may be made to the
85     fund from private sources; and
86          (b) additional amounts as appropriated by the Legislature.
87          [(3) The fund shall be administered by the executive director.]

88          [(4) Fund]
89          (3) Upon appropriation by the Legislature, account money may be used to:
90          (a) educate the general public and professionals regarding understanding, treatment,
91     and prevention of brain injury;
92          (b) provide access to evaluations and coordinate short-term care to assist an individual
93     in identifying services or support needs, resources, and benefits for which the individual may
94     be eligible;
95          (c) develop and support an information and referral system for persons with a brain
96     injury and their families; and
97          (d) provide grants to persons or organizations to provide the services described in
98     Subsections [(4)(a), (b), and (c).] (3)(a) through (c).
99          [(5)] (4) Not less that 50% of the [fund] account shall be used each fiscal year to
100     directly assist individuals who meet the qualifications described in Subsection [(6)] (5).
101          [(6)] (5) An individual who receives services either paid for from the [fund] account, or
102     through an organization under contract with the [fund] account, shall:
103          (a) be a resident of Utah;
104          (b) have been diagnosed by a qualified professional as having a brain injury which
105     results in impairment of cognitive or physical function; and
106          (c) have a need that can be met within the requirements of this section.
107          [(7)] (6) The [fund] account may not duplicate any services or support mechanisms
108     being provided to an individual by any other government or private agency.
109          [(8)] (7) All actual and necessary operating expenses for the Brain Injury Advisory
110     Committee created in Section 26B-1-417 and staff shall be paid by the [fund] account.
111          [(9)] (8) The [fund] account may not be used for medical treatment, long-term care, or
112     acute care.
113          Section 3. Section 26B-1-335 is amended to read:
114          26B-1-335. Division of Services for People with Disabilities Restricted Account.
115          (1) As used in this section, "account" means the Division of Services for People with
116     Disabilities Restricted Account created in Subsection (2).
117          (2) There is created [in the General Fund an account] a restricted account within the
118     General Fund known as the "Division of Services for People with Disabilities Restricted

119     Account."
120          (3) The account consists of:
121          (a) carry forward funds from the division's budget; and
122          (b) unexpended balances lapsed to the account from the division's budget.
123          (4) At the close of a fiscal year, the division may, without an appropriation, deposit
124     into the account carry forward funds described in Subsection (3).
125          [(4)] (5) Subject to appropriation, the Department of Health and Human Services may
126     expend funds from the account to serve individuals eligible for division services statewide.
127          Section 4. Section 26B-3-910 is amended to read:
128          26B-3-910. Alternative eligibility -- Report -- Alternative Eligibility Account.
129          (1) A child who is not a traditionally eligible child may enroll in the program if:
130          (a) the child:
131          (i) has been living in the state for at least 180 days before the day on which the child
132     applies for the program; and
133          (ii) meets the requirements described in Subsections 26B-3-903(1)(a) through (e); and
134          (b) the child's parent has unsubsidized employment.
135          (2) (a) Enrollment under Subsection (1) is subject to funds in the Alternative Eligibility
136     [Expendable Revenue Fund] Account.
137          (b) The department may create a waiting list for enrollment under Subsection (2)(a) if
138     eligible applicants exceed funds in the Alternative Eligibility [Expendable Revenue Fund]
139     Account.
140          (3) Notwithstanding Section 26B-3-904, the program benefits, coverage, and cost
141     sharing for a child enrolled under this section shall be equal to the benefits, coverage, and cost
142     sharing provided to a child who:
143          (a) is eligible under Subsection 26B-3-903(1); and
144          (b) resides in a household that has a gross family income equal to 200% of the federal
145     poverty level.
146          (4) Notwithstanding Section 26B-3-906, program services provided to a child enrolled
147     under this section shall be funded by the Alternative Eligibility [Expendable Revenue Fund]
148     Account.
149          (5) Each year the department enrolls a child in the program under this section, the

150     department shall submit a report to the Health and Human Services Interim Committee before
151     November 30 detailing:
152          (a) the number of individuals served under the program;
153          (b) average duration of coverage for individuals served under the program;
154          (c) the cost of the program; and
155          (d) any benefits of the program, including data showing:
156          (i) percentage of enrolled individuals who had well-child visits with a primary care
157     practitioner at recommended ages;
158          (ii) percentage of enrolled individuals who received a comprehensive or periodic oral
159     evaluation;
160          (iii) percentage of enrolled individuals who received recommended immunizations at
161     recommended ages;
162          (iv) rate of emergency department visits per 1,000 member months;
163          (v) rate of medication adherence to treat chronic conditions; and
164          (vi) a comparison of utilization patterns before and after enrollment.
165          (6) (a) There is created [an expendable special revenue fund] a restricted account
166     within the General Fund known as the "Alternative Eligibility [Expendable Revenue Fund]
167     Account."
168          (b) The Alternative Eligibility [Expendable Revenue Fund] Account shall consist of:
169          (i) appropriations by the Legislature;
170          (ii) any other funds received as donations for the [fund] account; and
171          (iii) interest earned on the account.
172          (c) If the balance of the Alternative Eligibility [Expendable Revenue Fund] Account
173     exceeds $4,500,000, state funds shall be transferred from the Alternative Eligibility
174     [Expendable Revenue Fund] Account to the General Fund in an amount equal to the amount
175     needed to reduce the balance of the Alternative Eligibility [Expendable Revenue Fund]
176     Account to $4,500,000.
177          (d) [Money] The Legislature may appropriate money in the Alternative Eligibility
178     [Expendable Revenue Fund shall be used] Account to provide benefits to a child enrolled in the
179     program under this section.
180          Section 5. Section 39A-2-102 is amended to read:

181          39A-2-102. Responsibilities of State Armory Board.
182          (1) The board shall supervise and control all facilities, ranges, training lands, and all
183     real property held or acquired for the military purposes of the state.
184          (2) The board may:
185          (a) provide suitable facilities, ranges, and training lands for the different organizations
186     of the National Guard;
187          (b) lease real property throughout the state wherever necessary for the use of
188     organizations of the National Guard and for the storage of state and government property at a
189     rental that the board considers reasonable;
190          (c) erect facilities and ranges at places within the state that it considers necessary upon
191     lands to which it has acquired the legal title;
192          (d) expend military funds to acquire legal title to lands and to construct facilities and
193     ranges;
194          (e) sell and lease property that the board holds under Subsection (1) for purposes
195     consistent with the mission of the Utah National Guard; and
196          (f) conduct meetings and take official action in person or as necessary via electronic
197     means, including telephone or video teleconferencing, or a combination of these methods.
198          (3) (a) Subject to Subsection (3)(b), the board may take options for the purchase of any
199     premises under lease to the state for National Guard purposes:
200          (i) at any time during the life of the lease; and
201          (ii) when the purchase is in the state's interest.
202          (b) An option is not binding upon the board until it is approved by the Legislature.
203          (4) (a) Before legally binding the state to sell or lease any real property owned by the
204     National Guard, the board shall submit a description of the proposed sale to the Legislative
205     Management Committee for its review and recommendations.
206          (b) Before legally binding the state to purchase any interest in real property, the board
207     shall submit a description of the proposed sale to the Legislative Management Committee for
208     its review and recommendations.
209          (c) The Legislative Management Committee shall review each proposal and may
210     approve or disapprove the sale.
211          [(5) The proceeds from the sales and leases of real property authorized by this section

212     shall be appropriated to the State Armory Board to be applied toward the acquisition and sale
213     of real property, and the construction of new armories.]
214          [(6) Funds may be deposited into a public treasury investment fund to earn interest
215     until use.]
216          (5) (a) There is created an expendable special revenue fund known as the "State
217     Armory Fund."
218          (b) The State Armory Fund shall consist of:
219          (i) proceeds from the sales and leases of real property authorized by this section;
220          (ii) appropriations by the Legislature; and
221          (iii) interest earned on the fund.
222          (c) Subject to the Legislative Management Committee's review and recommendation,
223     the State Armory Board may expend money in the State Armory Fund to pay for the acquisition
224     and sale of real property and the construction of new armories.
225          Section 6. Section 41-12a-806 is amended to read:
226          41-12a-806. Restricted account -- Creation -- Funding -- Interest -- Purposes.
227          (1) There is created within the Transportation Fund a restricted account known as the
228     "Uninsured Motorist Identification Restricted Account."
229          (2) The account consists of money generated from the following revenue sources:
230          (a) money received by the state under Section 41-1a-1218, the uninsured motorist
231     identification fee;
232          (b) money received by the state under Section 41-1a-1220, the registration
233     reinstatement fee; and
234          (c) appropriations made to the account by the Legislature.
235          (3) (a) The account shall earn interest.
236          (b) All interest earned on account money shall be deposited into the account.
237          (4) The Legislature shall appropriate money from the account to:
238          (a) the department to fund the contract with the designated agent;
239          (b) the department to offset the costs to state and local law enforcement agencies of
240     using the information for the purposes authorized under this part;
241          (c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
242     and reinstating vehicle registrations under Subsection 41-1a-110(2)(a)(ii); and

243          (d) the department to reimburse a person for the costs of towing and storing the
244     person's vehicle if:
245          (i) the person's vehicle was impounded in accordance with Subsection 41-1a-1101(2);
246          (ii) the impounded vehicle had owner's or operator's security in effect for the vehicle at
247     the time of the impoundment;
248          (iii) the database indicated that owner's or operator's security was not in effect for the
249     impounded vehicle; and
250          (iv) the department determines that the person's vehicle was wrongfully impounded.
251          (5) The Legislature may appropriate not more than [$1,500,000] $2,000,000 annually
252     from the account to the Peace Officer Standards and Training Division, created under Section
253     53-6-103, for use in law enforcement training, including training on the use of the Uninsured
254     Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8,
255     Uninsured Motorist Identification Database Program.
256          (6) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
257     Act, the department shall hold a hearing to determine whether a person's vehicle was
258     wrongfully impounded under Subsection 41-1a-1101(2).
259          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
260     division shall make rules establishing procedures for a person to apply for a reimbursement
261     under Subsection (4)(d).
262          (c) A person is not eligible for a reimbursement under Subsection (4)(d) unless the
263     person applies for the reimbursement within six months from the date that the motor vehicle
264     was impounded.
265          Section 7. Section 53F-9-201 (Superseded 01/01/25) is amended to read:
266          53F-9-201 (Superseded 01/01/25). Uniform School Fund -- Contents -- Trust
267     Distribution Account.
268          (1) As used in this section:
269          (a) "Annual distribution calculation" means, for a given fiscal year, the average of:
270          (i) 4% of the average market value of the State School Fund for that fiscal year; and
271          (ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
272          (A) one;
273          (B) the percent change in student enrollment from the school year two years prior to

274     the prior school year; and
275          (C) the actual total percent change of the consumer price index during the last 12
276     months as measured in June of the prior fiscal year.
277          (b) "Average market value of the State School Fund" means the results of a calculation
278     completed by the SITFO director each fiscal year that averages the value of the State School
279     Fund for the past 20 consecutive quarters ending in the prior fiscal year.
280          (c) "Consumer price index" means the Consumer Price Index for All Urban
281     Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
282     the United States Department of Labor.
283          (d) "SITFO director" means the director of the School and Institutional Trust Fund
284     Office appointed under Section 53D-1-401.
285          (e) "State School Fund investment earnings distribution amount" or "distribution
286     amount" means, for a fiscal year, the lesser of:
287          (i) the annual distribution calculation; or
288          (ii) 4% of the average market value of the State School Fund.
289          (2) The Uniform School Fund, a special revenue fund, established by Utah
290     Constitution,
291     Article X, Section 5, consists of:
292          (a) distributions derived from the investment of money in the permanent State School
293     Fund established by Utah Constitution, Article X, Section 5;
294          (b) money transferred to the fund [pursuant to] under Title 67, Chapter 4a, Revised
295     Uniform Unclaimed Property Act; [and]
296          (c) money transferred to the fund under Section 63J-1-207; and
297          [(c)] (d) all other constitutional or legislative allocations to the fund, including:
298          (i) appropriations for the Minimum School Program, enrollment growth, and inflation
299     under Section 53F-9-201.1; and
300          (ii) revenues received by donation.
301          (3) (a) There is created within the Uniform School Fund a restricted account known as
302     the Trust Distribution Account.
303          (b) The Trust Distribution Account consists of:
304          (i) in accordance with Subsection (4), quarterly deposits of the State School Fund

305     investment earnings distribution amount from the prior fiscal year;
306          (ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
307          (iii) any unused appropriation for the administration of the School LAND Trust
308     Program, as described in Subsection 53F-2-404(1)(c).
309          (4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
310     remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a)
311     for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
312     of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
313     amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
314     remaining balance from the prior fiscal year.
315          (5) On or before October 1 of each year, the SITFO director shall:
316          (a) in accordance with this section, determine the distribution amount for the following
317     fiscal year; and
318          (b) report the amount described in Subsection (5)(a) as the funding amount, described
319     in Subsection 53F-2-404(1)(c), for the School LAND Trust Program, to:
320          (i) the State Treasurer;
321          (ii) the Legislative Fiscal Analyst;
322          (iii) the Division of Finance;
323          (iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
324     Section 53D-2-203;
325          (v) the School and Institutional Trust Lands Administration created in Section
326     53C-1-201;
327          (vi) the state board; and
328          (vii) the Governor's Office of Planning and Budget.
329          (6) The School and Institutional Trust Fund Board of Trustees created in Section
330     53D-1-301 shall:
331          (a) annually review the distribution amount; and
332          (b) make recommendations, if necessary, to the Legislature for changes to the formula
333     for calculating the distribution amount.
334          (7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
335     Distribution Account funds for the School LAND Trust Program as described in Subsections

336     53F-2-404(1)(a) and (c).
337          Section 8. Section 53F-9-201 (Effective 01/01/25) is amended to read:
338          53F-9-201 (Effective 01/01/25). Uniform School Fund -- Contents -- Trust
339     Distribution Account.
340          (1) As used in this section:
341          (a) "Annual distribution calculation" means, for a given fiscal year, the average of:
342          (i) 5% of the average market value of the State School Fund for that fiscal year; and
343          (ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
344          (A) one;
345          (B) the percent change in student enrollment from the school year two years prior to
346     the prior school year; and
347          (C) the actual total percent change of the consumer price index during the last 12
348     months as measured in June of the prior fiscal year.
349          (b) "Average market value of the State School Fund" means the results of a calculation
350     completed by the SITFO director each fiscal year that averages the value of the State School
351     Fund for the past 20 consecutive quarters ending in the prior fiscal year.
352          (c) "Consumer price index" means the Consumer Price Index for All Urban
353     Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
354     the United States Department of Labor.
355          (d) "SITFO director" means the director of the School and Institutional Trust Fund
356     Office appointed under Section 53D-1-401.
357          (e) "State School Fund investment earnings distribution amount" or "distribution
358     amount" means, for a fiscal year, the lesser of:
359          (i) the annual distribution calculation; or
360          (ii) 5% of the average market value of the State School Fund.
361          (2) The Uniform School Fund, a special revenue fund, established by Utah
362     Constitution,
363     Article X, Section 5, consists of:
364          (a) distributions derived from the investment of money in the permanent State School
365     Fund established by Utah Constitution, Article X, Section 5;
366          (b) money transferred to the fund [pursuant to] under Title 67, Chapter 4a, Revised

367     Uniform Unclaimed Property Act; [and]
368          (c) money transferred to the fund under Section 63J-1-207; and
369          [(c)] (d) all other constitutional or legislative allocations to the fund, including:
370          (i) appropriations for the Minimum School Program, enrollment growth, and inflation
371     under Section 53F-9-201.1; and
372          (ii) revenues received by donation.
373          (3) (a) There is created within the Uniform School Fund a restricted account known as
374     the Trust Distribution Account.
375          (b) The Trust Distribution Account consists of:
376          (i) in accordance with Subsection (4), quarterly deposits of the State School Fund
377     investment earnings distribution amount from the prior fiscal year;
378          (ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
379          (iii) any unused appropriation for the administration of the School LAND Trust
380     Program, as described in Subsection 53F-2-404(1)(c).
381          (4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
382     remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a)
383     for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
384     of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
385     amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
386     remaining balance from the prior fiscal year.
387          (5) On or before October 1 of each year, the SITFO director shall:
388          (a) in accordance with this section, determine the distribution amount for the following
389     fiscal year; and
390          (b) report the amount described in Subsection (5)(a) as the funding amount, described
391     in Subsection 53F-2-404(1)(c), for the School LAND Trust Program, to:
392          (i) the State Treasurer;
393          (ii) the Legislative Fiscal Analyst;
394          (iii) the Division of Finance;
395          (iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
396     Section 53D-2-203;
397          (v) the School and Institutional Trust Lands Administration created in Section

398     53C-1-201;
399          (vi) the state board; and
400          (vii) the Governor's Office of Planning and Budget.
401          (6) The School and Institutional Trust Fund Board of Trustees created in Section
402     53D-1-301 shall:
403          (a) annually review the distribution amount; and
404          (b) make recommendations, if necessary, to the Legislature for changes to the formula
405     for calculating the distribution amount.
406          (7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
407     Distribution Account funds for the School LAND Trust Program as described in Subsections
408     53F-2-404(1)(a) and (c).
409          Section 9. Section 63B-32-101 is amended to read:
410          63B-32-101. Revenue bond authorizations -- Utah Board of Higher Education.
411          (1) The Legislature intends that:
412          (a) the Utah Board of Higher Education, on behalf of the University of Utah, may
413     issue, sell, and deliver revenue bonds or other evidences of indebtedness of the University of
414     Utah to borrow money on the credit, revenues, and reserves of the university, other than
415     appropriations of the Legislature, to finance the cost of constructing the fourth wing of Kahlert
416     Village;
417          (b) the University of Utah use student housing rental fees and other auxiliary revenues
418     as the primary revenue sources for repayment of any obligation created under authority of this
419     Subsection (1);
420          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
421     Subsection (1) may not exceed $47,600,000 for acquisition and construction proceeds, together
422     with other amounts necessary to pay costs of issuance, pay capitalized interest, and fund any
423     debt service reserve requirements;
424          (d) the university may plan, design, and construct the fourth wing of Kahlert Village
425     subject to the requirements of Title 63A, Chapter 5b, Administration of State Facilities; and
426          (e) the university may not request state funds for operation and maintenance costs or
427     capital improvements.
428          (2) The Legislature intends that:

429          (a) the Utah Board of Higher Education, on behalf of the University of Utah, may
430     issue, sell, and deliver revenue bonds or other evidences of indebtedness of the University of
431     Utah to borrow money on the credit, revenues, and reserves of the university, other than
432     appropriations of the Legislature, to finance the cost of constructing the West Valley Health
433     and Community Center;
434          (b) the University of Utah use clinical revenues and other non-state revenues of the
435     University of Utah Health Sciences as the primary revenue sources for repayment of any
436     obligation created under authority of this Subsection (2);
437          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
438     Subsection (2) may not exceed [$400,000,000] $800,000,000 for acquisition and construction
439     proceeds, together with other amounts necessary to pay costs of issuance, pay capitalized
440     interest, and fund any debt service reserve requirements;
441          (d) the university may plan, design, and construct the West Valley Health and
442     Community Center subject to the requirements of Title 63A, Chapter 5b, Administration of
443     State Facilities; and
444          (e) the university may not request state funds for operation and maintenance costs or
445     capital improvements.
446          (3) The Legislature intends that:
447          (a) the Utah Board of Higher Education, on behalf of Utah State University, may issue,
448     sell, and deliver revenue bonds or other evidences of indebtedness of Utah State University to
449     borrow money on the credit, revenues, and reserves of the university, other than appropriations
450     of the Legislature, to finance the cost of constructing improvements to Maverik Stadium;
451          (b) Utah State University use existing student fees as the primary revenue sources for
452     repayment of any obligation created under authority of this Subsection (3);
453          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
454     Subsection (3) may not exceed $7,000,000 for acquisition and construction proceeds, together
455     with other amounts necessary to pay costs of issuance, pay capitalized interest, and fund any
456     debt service reserve requirements;
457          (d) the university may plan, design, and construct improvements to Maverik Stadium
458     subject to the requirements of Title 63A, Chapter 5b, Administration of State Facilities; and
459          (e) the university may not request state funds for operation and maintenance costs or

460     capital improvements.
461          (4) The Legislature intends that:
462          (a) the Utah Board of Higher Education, on behalf of Dixie State University, may
463     issue, sell, and deliver revenue bonds or other evidences of indebtedness of Dixie State
464     University to borrow money on the credit, revenues, and reserves of the university, other than
465     appropriations of the Legislature, to finance the cost of constructing Campus View Suites
466     Phase Three;
467          (b) Dixie State University use student housing rental fees and other auxiliary revenues
468     as the primary revenue sources for repayment of any obligation created under authority of this
469     Subsection (4);
470          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
471     Subsection (4) may not exceed $62,500,000 for acquisition and construction proceeds, together
472     with other amounts necessary to pay costs of issuance, pay capitalized interest, and fund any
473     debt service reserve requirements;
474          (d) the university may plan, design, and construct Campus View Suites Phase Three
475     subject to the requirements of Title 63A, Chapter 5b, Administration of State Facilities; and
476          (e) the university may not request additional state funds for operation and maintenance
477     costs or capital improvements.
478          (5) The Legislature intends that:
479          (a) the Utah Board of Higher Education, on behalf of Utah Valley University, may
480     issue, sell, and deliver revenue bonds or other evidences of indebtedness of Utah Valley
481     University to borrow money on the credit, revenues, and reserves of the university, other than
482     appropriations of the Legislature, to finance the cost of constructing a parking garage;
483          (b) Utah Valley University use parking fees and other auxiliary revenues as the primary
484     revenue sources for repayment of any obligation created under authority of this Subsection (5);
485          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
486     Subsection (5) may not exceed $12,000,000 for acquisition and construction proceeds, together
487     with other amounts necessary to pay costs of issuance, pay capitalized interest, and fund any
488     debt service reserve requirements;
489          (d) the university may plan, design, and construct a parking garage subject to the
490     requirements of Title 63A, Chapter 5b, Administration of State Facilities; and

491          (e) the university may not request additional state funds for operation and maintenance
492     costs or capital improvements.
493          (6) The Legislature intends that:
494          (a) the Utah Board of Higher Education, on behalf of the University of Utah, may
495     issue, sell, and deliver revenue bonds or other evidences of indebtedness of the University of
496     Utah to borrow money on the credit, revenues, and reserves of the university, other than
497     appropriations of the Legislature, to finance the university's share of the cost of constructing
498     the Applied Sciences Building;
499          (b) the University of Utah use donations and university funds as the primary revenue
500     sources for repayment of any obligation created under authority of this Subsection (6); and
501          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
502     Subsection (6) may not exceed $25,000,000 for acquisition and construction proceeds, together
503     with other amounts necessary to pay costs of issuance, pay capitalized interest, and fund any
504     debt service reserve requirements.
505          (7) The Legislature intends that:
506          (a) the Utah Board of Higher Education, on behalf of the University of Utah, may
507     issue, sell, and deliver revenue bonds or other evidences of indebtedness of the university of
508     Utah to borrow money on the credit, revenues, and reserves of the university, other than
509     appropriations of the Legislature, to finance the University's share of the cost of constructing a
510     Mental Health Facility;
511          (b) the University of Utah use donations as the primary revenue sources for repayment
512     of any obligation created under authority of this Subsection (7); and
513          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
514     Subsection (7) may not exceed $65,000,000 for acquisition and construction proceeds, together
515     with other amounts necessary to pay costs of issuance, pay capitalized interest, and fund any
516     debt service reserve requirements.
517          (8) The Legislature intends that:
518          (a) the Utah Board of Higher Education, on behalf of Southern Utah University, may
519     issue, sell, and deliver revenue bonds or other evidences of indebtedness of Southern Utah
520     University to borrow money on the credit, revenues, and reserves of the university, other than
521     appropriations of the Legislature, to finance the cost of purchasing The Cottages at

522     Shakespeare Lane apartment complex and adjoining home;
523          (b) Southern Utah University use donations, student housing rental fees, and other
524     auxiliary revenues as the primary revenue sources for repayment of any obligation created
525     under authority of this Subsection (8);
526          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
527     Subsection (8) may not exceed $12,000,000 for acquisition proceeds, together with other
528     amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service
529     reserve requirements; and
530          (d) the university may not request state funds for operation and maintenance costs or
531     capital improvements.
532          (9) The Legislature intends that:
533          (a) the Utah Board of Higher Education, on behalf of the University of Utah, may
534     issue, sell, and deliver revenue bonds or other evidences of indebtedness of the University of
535     Utah to borrow money on the credit, revenues, and reserves of the university, other than
536     appropriations of the Legislature, to finance the cost of constructing an indoor football practice
537     facility;
538          (b) the University of Utah use donations and nonstate university funds as the primary
539     revenue sources for repayment of any obligation created under authority of this Subsection (9);
540          (c) the amount of revenue bonds or evidences of indebtedness authorized by this
541     Subsection (9) may not exceed $62,000,000 for acquisition and construction proceeds, together
542     with other amounts necessary to pay costs of issuance, pay capitalized interest, and fund any
543     debt service reserve requirements;
544          (d) the university may plan, design, and construct the indoor football practice facility,
545     subject to the requirements of Title 63A, Chapter 5b, Administration of State Facilities; and
546          (e) the university may not request state funds for operation and maintenance costs or
547     capital improvements.
548          Section 10. Section 63J-1-206 is amended to read:
549          63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
550     Transfer of funds -- Exclusion.
551          (1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
552     exempted in the appropriating act:

553          (i) all money appropriated by the Legislature is appropriated upon the terms and
554     conditions set forth in this chapter; and
555          (ii) any department, agency, or institution that accepts money appropriated by the
556     Legislature does so subject to the requirements of this chapter.
557          (b) This section does not apply to:
558          (i) the Legislature and its committees; and
559          (ii) the Investigation Account of the Water Resources Construction Fund, which is
560     governed by Section 73-10-8.
561          (2) (a) Each item of appropriation is to be expended subject to any schedule of
562     programs and any restriction attached to the item of appropriation, as designated by the
563     Legislature.
564          (b) Each schedule of programs or restriction attached to an appropriation item:
565          (i) is a restriction or limitation upon the expenditure of the respective appropriation
566     made;
567          (ii) does not itself appropriate any money; and
568          (iii) is not itself an item of appropriation.
569          (c) (i) An appropriation or any surplus of any appropriation may not be diverted from
570     any department, agency, institution, division, or line item to any other department, agency,
571     institution, division, or line item.
572          (ii) If the money appropriated to an agency to pay lease payments under the program
573     established in Section 63A-5b-703 exceeds the amount required for the agency's lease
574     payments to the Division of Facilities Construction and Management, the agency may:
575          (A) transfer money from the lease payments line item to other line items within the
576     agency; and
577          (B) retain and use the excess money for other purposes.
578          (d) The money appropriated subject to a schedule of programs or restriction may be
579     used only for the purposes authorized.
580          (e) In order for a department, agency, or institution to transfer money appropriated to it
581     from one program to another program, the department, agency, or institution shall revise its
582     budget execution plan as provided in Section 63J-1-209.
583          (f) (i) The procedures for transferring money between programs within a line item as

584     provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
585     Education for the Minimum School Program or capital outlay programs created in Title 53F,
586     Chapter 3, State Funding -- Capital Outlay Programs.
587          (ii) The state superintendent may transfer money appropriated for the programs
588     specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
589          (3) Notwithstanding Subsection (2)(c)(i):
590          (a) the state superintendent may transfer money appropriated for the Minimum School
591     Program between line items in accordance with Section 53F-2-205; and
592          (b) the Department of Government Operations may transfer money appropriated [for
593     the purpose of paying the costs of paid employee parental leave and postpartum recovery leave
594     under Section 63A-17-511 to another department, agency, institution, or division] to another
595     department, agency, institution, or division for the purpose of paying the costs of pay for
596     performance under Section 63A-17-112.
597          Section 11. Section 63J-1-207 is amended to read:
598          63J-1-207. Uniform School Fund -- Appropriations.
599          (1) Appropriations made from the General Fund to the Uniform School Fund to assist
600     in financing the state's portion of the minimum school program, as provided by law, shall be
601     conditioned upon available revenue.
602          (2) If revenues to the General Fund are not sufficient to permit transfers to the Uniform
603     School Fund as provided by appropriation, the state fiscal officers shall withhold transfers from
604     the General Fund to the Uniform School Fund during the fiscal period, as in their judgment the
605     available revenues justify until:
606          (a) all other appropriations made by law have been provided for;
607          (b) any modifications to department and agency work programs have been made; and
608          (c) the governor has approved the transfer.
609          (3) Transfers from the General Fund to the Uniform School Fund shall be made at such
610     times as required to equalize the property levy for each fiscal year.
611          (4) If, at the end of a fiscal year, there is a deficit in the Uniform School Fund, the
612     Division of Finance may transfer from the Income Tax Fund to the Uniform School Fund an
613     amount equal to the deficit.
614          Section 12. Section 63N-3-403 is amended to read:

615          63N-3-403. Transient Room Tax Fund -- Source of revenues -- Interest --
616     Expenditure or pledge of revenues.
617          (1) There is created [an expendable special revenue] a fiduciary fund held by the state
618     in a purely custodial capacity known as the Transient Room Tax Fund.
619          (2) (a) The fund shall be funded by the portion of the sales and use tax described in
620     Subsection 59-12-301(2).
621          (b) (i) The fund shall earn interest.
622          (ii) Any interest earned on fund money shall be deposited into the fund.
623          (3) (a) Subject to Subsection (3)(b), the executive director shall expend or pledge the
624     money deposited into the fund:
625          (i) to mitigate the impacts of traffic and parking relating to a convention facility within
626     a county of the first class;
627          (ii) for a purpose listed in Section 17-31-2, except that any requirements in Section
628     17-31-2 for the expenditure of money do not apply; or
629          (iii) for a combination of Subsections (3)(a)(i) and (ii).
630          (b) The executive director may not expend more than $20,000,000 in total to mitigate
631     the impacts of traffic and parking relating to a convention facility within a county of the first
632     class.
633          Section 13. Repealer.
634          This bill repeals:
635          Section 4-17-114, Invasive Species Mitigation Account created.
636          Section 63A-5b-1107, Development of new correctional facilities.
637          Section 63B-25-101, General obligation bonds for prison project -- Maximum
638     amount -- Use of proceeds.
639          Section 14. Effective date.
640          (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2024.
641          (2) The actions affecting Section 53F-9-201 (Effective 01/01/25) take effect on January
642     1, 2025.
643          Section 15. Coordinating S.B. 241 with H.B. 73.
644          If this S.B. 241, Funds Amendments, and H.B. 73, Rehabilitation Services
645     Amendments, both pass and become law, the Legislature intends that, on July 1, 2024, the

646     amendments to Section 26B-1-318 in H.B.73 supersede the amendments to Section 26B-1-318
647     in S.B. 241.