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H.B. 251

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DISABILITY CENTER TRUST FUND

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AMENDMENTS

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Gene Davis

6    AN ACT RELATING TO ADMINISTRATIVE SERVICES; AMENDING THE TRUST FUND
7    FOR PEOPLE WITH DISABILITIES TO PREVENT THE PRINCIPAL OF THE FUND
8    FROM BEING EXPENDED OR APPROPRIATED; AND PROVIDING AN EFFECTIVE
9    DATE.
10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
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) 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        (3) (a) There is created a restricted account within the General Fund entitled the "Trust
27    Fund for People with Disabilities."


1        (b) The Division of Finance shall deposit the following revenues into the fund:
2        (i) revenue from the sale, lease, except any lease existing on May 1, 1995, or other
3    disposition of real property associated with the developmental center;
4        (ii) revenue from the sale, lease, or other disposition of water rights associated with the
5    developmental center; and
6        (iii) revenue from voluntary contributions made to the fund.
7        (c) Notwithstanding the provisions of Section 65A-4-1, any sale or disposition of real
8    property or water rights associated with the developmental center shall be conducted as follows:
9        (i) the division shall secure the approval of the governor through the director of the
10    Division of Facilities Construction and Management before making the sale or other disposition
11    of land or water rights; and
12        (ii) the Division of Facilities Construction and Management shall sell or otherwise dispose
13    of the land or water rights as directed by the governor.
14        (d) The state treasurer shall invest monies contained in the fund according to the
15    procedures and requirements of Title 51, Chapter 7, State Money Management Act, and all interest
16    shall remain with the fund.
17        (e) (i) Except as provided in Subsection (3)(e)(ii), no expenditure or appropriation may be
18    made from the fund.
19        (ii) (A) The Legislature may appropriate [from the principal of the fund and from] interest
20    earned on fund monies invested pursuant to Subsection (3)(d) to the Division of Services for
21    People with Disabilities within the Department of Human Services for use by that division for
22    programs described in Title 62A, Chapter 5, Services to People with Disabilities.
23        [(ii)] (B) Fund monies appropriated under Subsection [(i)] (3)(e)(ii)(A) may not be
24    expended unless reviewed by the Board of Services for People with Disabilities within the
25    Department of Human Services.
26        Section 2. Effective date.
27        This act takes effect on July 1, 1998.


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Legislative Review Note
    as of 12-1-97 1:28 PM


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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