H.B. 171

1

PAMELA ATKINSON HOMELESS TRUST
2 ACCOUNT
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Martin R. Stephens
6 This act modifies provisions related to the Homeless Trust Account by renaming it the
7 Pamela Atkinson Homeless Trust Account.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 9-4-802, as last amended by Chapter 73, Laws of Utah 2001
11 9-4-803, as renumbered and amended by Chapter 241, Laws of Utah 1992
12 59-10-530.5, as last amended by Chapters 10 and 12, Laws of Utah 1997
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 9-4-802 is amended to read:
15 9-4-802. Purposes of Homeless Coordinating Committee -- Uses of Pamela
16 Atkinson Homeless Trust Account.
17 (1) (a) The Homeless Coordinating Committee shall work to ensure that services
18 provided to the homeless by state agencies, local governments, and private organizations are
19 provided in a cost-effective manner.
20 (b) Programs funded by the committee shall emphasize emergency housing and
21 self-sufficiency, including placement in meaningful employment or occupational training
22 activities and, where needed, special services to meet the unique needs of the homeless who
23 have families with children, or who are mentally ill, disabled, or suffer from other serious
24 challenges to employment and self-sufficiency.
25 (c) The committee may also fund treatment programs to ameliorate the effects of
26 substance abuse or a disability.
27 (2) The committee members designated in Subsection 9-4-801 (2) shall:

28 (a) award contracts funded by the Pamela Atkinson Homeless Trust Account with the
29 advice and input of those designated in Subsection 9-4-801 (3);
30 (b) consider need, diversity of geographic location, coordination with or enhancement
31 of existing services, and the extensive use of volunteers; and
32 (c) give priority for funding to programs that serve the homeless who are mentally ill
33 and who are in families with children.
34 (3) (a) In any fiscal year, no more than 80% of the funds in the Pamela Atkinson
35 Homeless Trust Account may be allocated to organizations that provide services only in Salt
36 Lake, Davis, Weber, and Utah Counties.
37 (b) The committee may:
38 (i) expend up to 3% of its annual appropriation for administrative costs associated with
39 the allocation of funds from the Pamela Atkinson Homeless Trust Account, and up to 2% of its
40 annual appropriation for marketing the [Homeless Trust Account] account and soliciting
41 donations to the [Homeless Trust Account] account; and
42 (ii) pay for the initial costs of the State Tax Commission in implementing Section
43 59-10-530.5 from the [Homeless Trust Account] account.
44 (4) (a) The committee may not expend, except as provided in Subsection (4)(b), an
45 amount equal to the greater of $50,000 or 20% of the amount donated to the Pamela Atkinson
46 Homeless Trust Account during fiscal year 1988-89.
47 (b) If there are decreases in contributions to the [fund] account, the committee may
48 expend funds held in reserve to provide program stability, but the committee shall reimburse
49 the amounts of those expenditures to the reserve fund.
50 (5) The committee shall make an annual report to the Economic Development and
51 Human Resources Appropriations Subcommittee regarding the programs and services funded
52 by contributions to the Pamela Atkinson Homeless Trust Account.
53 (6) The moneys in the Pamela Atkinson Homeless Trust Account shall be invested by
54 the state treasurer according to the procedures and requirements of Title 51, Chapter 7, State
55 Money Management Act, except that all interest or other earnings derived from the fund
56 moneys shall be deposited in the fund.
57 Section 2. Section 9-4-803 is amended to read:
58 9-4-803. Creation of Pamela Atkinson Homeless Trust Account.

59 (1) There is created a restricted account within the General Fund to be known as the
60 Pamela Atkinson Homeless Trust Account.
61 (2) Private contributions received under this section and Section 59-10-530.5 shall be
62 deposited into the account to be used only for programs described in Section 9-4-802 .
63 (3) Money shall be appropriated from the account to the State Homeless Coordinating
64 Committee in accordance with the Utah Budgetary Procedures Act.
65 (4) The State Homeless Coordinating Committee may accept transfers, grants, gifts,
66 bequests, or any money made available from any source to implement this part.
67 Section 3. Section 59-10-530.5 is amended to read:
68 59-10-530.5. Homeless contribution -- Credit to Pamela Atkinson Homeless Trust
69 Account.
70 (1) (a) Except as provided in Section 59-10-551 , each taxpayer required to file a return
71 pursuant to Section 59-10-502 may designate on the return a contribution of $2, $5, $10, or
72 another amount not less than $2, or no contribution, to the [state] Pamela Atkinson Homeless
73 Trust Account.
74 (b) Any amount designated as a contribution to this program is to be deducted from the
75 individual's state tax refund and, if a joint return, shall be a joint contribution.
76 (c) This option, once exercised, is irrevocable during the tax year in which it was
77 effective.
78 (d) If no refund is due, the taxpayer may remit the contribution with the return.
79 (2) The commission may [promulgate] make rules to implement this section.
80 (3) The commission shall determine annually the total amount designated pursuant to
81 this section and shall report such amount to the state treasurer who shall credit such amount to
82 the Pamela Atkinson Homeless Trust Account as provided for in Section 9-4-803 .
83 (4) This section applies to calendar-year taxpayers beginning January 1, 1988, and to
84 fiscal-year taxpayers for any part of the taxable year accruing after December 31, 1988, and to
85 all taxable years thereafter.

Legislative Review Note
as of 11-13-02 3:12 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel