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5 AN ACT RELATING TO PEOPLE WITH DISABILITIES; PROVIDING THAT PROPERTY
6 AT THE DEVELOPMENTAL CENTER USED BY EDUCATION INSTITUTIONS FOR
7 EDUCATIONAL PURPOSES IS NOT CONSIDERED PART OF THE TRUST FUND FOR
8 PEOPLE WITH DISABILITIES AND THAT THE INSTITUTIONS MAY NOT BE
9 CHARGED LEASE COSTS FOR THAT USE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 63A-5-220, as last amended by Chapter 179, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 63A-5-220 is amended to read:
15 63A-5-220. Definitions -- Creation of Trust Fund for People with Disabilities -- Use
16 of trust fund monies.
17 (1) As used in this section:
18 (a) "Developmental center" means the Utah State Developmental Center described in
19 Section 62A-5-201.
20 (b) "Division" means the Division of Services for People with Disabilities within the
21 Department of Human Services.
22 (c) "Fund" means the Trust Fund for People with Disabilities created by this section.
23 (2) (a) Notwithstanding the provisions of Section 63A-5-215, any monies received by the
24 division from the sale, lease, except any lease existing on May 1, 1995, or other disposition of real
25 property associated with the developmental center shall be deposited in the fund.
26 (b) Property used by institutions of public or higher education for educational purposes
27 at the Developmental Center under long-term lease agreements is not considered part of the fund
1 established under this section, and the institutions may not be charged lease costs for that use.
2 (3) (a) There is created a restricted account within the General Fund entitled the "Trust
3 Fund for People with Disabilities."
4 (b) The Division of Finance shall deposit the following revenues into the fund:
5 (i) revenue from the sale, lease, except any lease existing on May 1, 1995, or other
6 disposition of real property associated with the developmental center;
7 (ii) revenue from the sale, lease, or other disposition of water rights associated with the
8 developmental center; and
9 (iii) revenue from voluntary contributions made to the fund.
10 (c) Notwithstanding the provisions of Section 65A-4-1, any sale or disposition of real
11 property or water rights associated with the developmental center shall be conducted as follows:
12 (i) the division shall secure the approval of the governor through the director of the
13 Division of Facilities Construction and Management before making the sale or other disposition
14 of land or water rights; and
15 (ii) the Division of Facilities Construction and Management shall sell or otherwise dispose
16 of the land or water rights as directed by the governor.
17 (d) The state treasurer shall invest monies contained in the fund according to the
18 procedures and requirements of Title 51, Chapter 7, State Money Management Act, and all interest
19 shall remain with the fund.
20 (e) (i) The Legislature may appropriate from the principal of the fund and from interest
21 earned on fund monies to the Division of Services for People with Disabilities within the
22 Department of Human Services for use by that division for programs described in Title 62A,
23 Chapter 5, Services to People with Disabilities.
24 (ii) Fund monies appropriated under Subsection (e)(i) may not be expended unless
25 reviewed by the Board of Services for People with Disabilities within the Department of Human
Legislative Review Note
as of 2-4-97 8:29 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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