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H.B. 251 Enrolled

                 

DISABILITY CENTER TRUST FUND AMENDMENTS

                 
1998 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Gene Davis

                  AN ACT RELATING TO ADMINISTRATIVE SERVICES; AMENDING THE TRUST FUND
                  FOR PEOPLE WITH DISABILITIES TO PREVENT THE PRINCIPAL OF THE FUND
                  FROM BEING EXPENDED OR APPROPRIATED; REQUIRING THE APPROVAL OF THE
                  BOARD FOR ANNUAL EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      63A-5-220, as last amended by Chapter 179, Laws of Utah 1996
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 63A-5-220 is amended to read:
                       63A-5-220. Definitions -- Creation of Trust Fund for People with Disabilities -- Use
                  of trust fund monies.
                      (1) As used in this section:
                      (a) "Developmental center" means the Utah State Developmental Center described in
                  Section 62A-5-201 .
                      (b) "Division" means the Division of Services for People with Disabilities within the
                  Department of Human Services.
                      (c) "Fund" means the Trust Fund for People with Disabilities created by this section.
                      (2) Notwithstanding the provisions of Section 63A-5-215 , any monies received by the
                  division from the sale, lease, except any lease existing on May 1, 1995, or other disposition of real
                  property associated with the developmental center shall be deposited in the fund.
                      (3) (a) There is created a restricted account within the General Fund entitled the "Trust
                  Fund for People with Disabilities."
                      (b) The Division of Finance shall deposit the following revenues into the fund:
                      (i) revenue from the sale, lease, except any lease existing on May 1, 1995, or other
                  disposition of real property associated with the developmental center;


                      (ii) revenue from the sale, lease, or other disposition of water rights associated with the
                  developmental center; and
                      (iii) revenue from voluntary contributions made to the fund.
                      (c) Notwithstanding the provisions of Section 65A-4-1 , any sale or disposition of real
                  property or water rights associated with the developmental center shall be conducted as follows:
                      (i) the division shall secure the approval of the governor through the director of the Division
                  of Facilities Construction and Management before making the sale or other disposition of land or
                  water rights; and
                      (ii) the Division of Facilities Construction and Management shall sell or otherwise dispose
                  of the land or water rights as directed by the governor.
                      (d) The state treasurer shall invest monies contained in the fund according to the procedures
                  and requirements of Title 51, Chapter 7, State Money Management Act, and all interest shall remain
                  with the fund.
                      (e) (i) Except as provided in Subsection (3)(e)(ii), no expenditure or appropriation may be
                  made from the fund.
                      (ii) (A) The Legislature may appropriate [from the principal of the fund and from] interest
                  earned on fund monies invested pursuant to Subsection (3)(d), leases from real property and
                  improvements, and leases from water, rents, and fees to the Division of Services for People with
                  Disabilities within the Department of Human Services for use by that division for programs
                  described in Title 62A, Chapter 5, Services to People with Disabilities.
                      [(ii)] (B) Fund monies appropriated each year under Subsection [(i)] (3)(e)(ii)(A) may not
                  be expended unless [reviewed] approved by the Board of Services for People with Disabilities within
                  the Department of Human Services.
                      Section 2. Effective date.
                      This act takes effect on July 1, 1998.

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