1     
UTAH CAPITAL INVESTMENT AMENDMENTS

2     
2020 FIFTH SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Waldrip

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Utah Venture Capital Enhancement Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies how the Utah Capital Investment Corporation may use and distribute
13     investment returns from the Utah fund of funds; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          63N-6-402, as renumbered and amended by Laws of Utah 2015, Chapter 283
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 63N-6-402 is amended to read:
25          63N-6-402. Compensation from the Utah fund of funds to the corporation --
26     Redemption reserve.
27          (1) The corporation shall be compensated for its involvement in the Utah fund of funds

28     through the payment of the management fee described in Section 63N-6-305.
29          (2) Before any returns may be reinvested in the Utah fund of funds:
30          (a) any returns shall be paid to designated investors, including the repayment by the
31     Utah fund of funds of any outstanding loans;
32          (b) any returns in excess of those payable to designated investors shall be distributed as
33     follows:
34          (i) 50% of any returns in excess of those payable to designated investors shall be
35     transferred quarterly to the Department of Workforce Services and shall be used at the
36     discretion of the Department of Workforce Services for programs and services that provide
37     assistance to individuals and families experiencing intergenerational poverty as that term is
38     defined in Section 35A-9-102; and
39          (ii) 50% of any returns in excess of those payable to designated investors shall be
40     deposited [in] into the redemption reserve and held by the corporation as a first priority reserve
41     for the redemption of certificates;
42          (c) any returns received by the corporation from investment of amounts held in the
43     redemption reserve shall be added to the redemption reserve until it has reached a total of
44     $250,000,000; and
45          (d) if at the end of a calendar year the redemption reserve exceeds the $250,000,000
46     limitation referred to in Subsection (2)(c), the corporation may reinvest the excess in the Utah
47     fund of funds.
48          (3) Funds held by the corporation in the redemption reserve shall be invested in
49     accordance with Title 51, Chapter 7, State Money Management Act.
50          Section 2. Effective date.
51          If approved by two-thirds of all the members elected to each house, this bill takes effect
52     upon approval by the governor, or the day following the constitutional time limit of Utah
53     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
54     the date of veto override.