Senator Lincoln Fillmore proposes the following substitute bill:


1     
FINANCIAL EDUCATION AND SAVINGS PLAN TO

2     
BENEFIT AT-RISK CHILDREN

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lincoln Fillmore

6     
House Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill creates the Parental Coaching to Encourage Student Savings Program.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Parental Coaching to Encourage Student Savings Program (the program)
15     within the Department of Workforce Services which provides:
16               •     financial training to parents of certain children experiencing intergenerational
17     poverty, to encourage the parents to start saving money for their child's higher
18     education expenses; and
19               •     a financial contribution to the 529 savings accounts of certain children
20     experiencing intergenerational poverty, if a parent successfully meets the
21     requirements of the program;
22          ▸     excludes financial contributions made by the Department of Workforce Services
23     from qualifying for certain tax credits available to the owners of 529 savings
24     accounts;
25          ▸     requires the Department of Workforce Services to make rules to administer the

26     program;
27          ▸     creates the Parental Coaching to Encourage Student Savings Program Restricted
28     Account;
29          ▸     describes the reporting and other requirements of the Department of Workforce
30     Services related to the program;
31          ▸     requires local education agencies to provide written notification of the program to
32     the parents of children attending kindergarten;
33          ▸     requires the Division of Finance to transfer a certain amount of money each year
34     from the Unclaimed Property Trust Fund to the Parental Coaching to Encourage
35     Student Savings Program Restricted Account; and
36          ▸     makes technical changes.
37     Money Appropriated in this Bill:
38          None
39     Other Special Clauses:
40          None
41     Utah Code Sections Affected:
42     AMENDS:
43          59-10-1017, as last amended by Laws of Utah 2021, Chapters 367 and 370
44          63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
45     260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
46     of Utah 2021, Chapter 382
47          63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
48          67-4a-801, as repealed and reenacted by Laws of Utah 2017, Chapter 371
49     ENACTS:
50          35A-3-901, Utah Code Annotated 1953
51          35A-3-902, Utah Code Annotated 1953
52          35A-3-903, Utah Code Annotated 1953
53          35A-3-904, Utah Code Annotated 1953
54          53G-4-412, Utah Code Annotated 1953
55     

56     Be it enacted by the Legislature of the state of Utah:

57          Section 1. Section 35A-3-901 is enacted to read:
58     
Part 9. Parental Coaching to Encourage Student Savings Program

59          35A-3-901. Definitions.
60          As used in this part:
61          (1) "529 savings account" means a tax-advantaged method of saving for higher
62     education costs on behalf of a particular individual that:
63          (a) meets the requirements of Section 529, Internal Revenue Code; and
64          (b) is managed by the plan.
65          (2) "Eligible 529 savings account" means a 529 savings account for which:
66          (a) a parent applicant is the account owner; and
67          (b) the parent applicant's qualified child is a beneficiary.
68          (3) "Intergenerational poverty" means the same as that term is defined in Section
69     35A-9-102.
70          (4) "Local education agency" means a school district, a charter school, or the Utah
71     Schools for the Deaf and the Blind.
72          (5) "Parent applicant" means an applicant for the program who is a parent, legal
73     custodian, or legal guardian of a qualified child and who is living with the qualified child.
74          (6) "Parental coaching" means the training described in Subsection 35A-3-902(4).
75          (7) "Plan" means the Utah Educational Savings Plan created in Section 53B-8a-103.
76          (8) "Program" means the Parental Coaching to Encourage Student Savings Program
77     created in Section 35A-3-902.
78          (9) "Qualified child" means a child who is:
79          (a) five or six years old; and
80          (b) experiencing intergenerational poverty.
81          (10) "Restricted account" means the Parental Coaching to Encourage Student Savings
82     Program Restricted Account created in Section 35A-3-903.
83          Section 2. Section 35A-3-902 is enacted to read:
84          35A-3-902. Program creation and description.
85          (1) There is created the Parental Coaching to Encourage Student Savings Program.
86          (2) The program shall be administered by the department.
87          (3) Subject to available funds, the program shall provide:

88          (a) parental coaching to a parent applicant as described in Subsection (4);
89          (b) a one-time contribution of $500 made by the department to an eligible 529 savings
90     account in accordance with Subsection (7), if:
91          (i) the parent applicant completes the parental coaching; and
92          (ii) the parent applicant opens the eligible 529 savings account no later than 60 days
93     after the day on which the parent applicant completes the parental coaching; and
94          (c) an additional one-time contribution of $50 made by the department to an eligible
95     529 savings account in accordance with Subsection (7), if the parent applicant contributes at
96     least $50 to the eligible 529 savings account within 60 days after the day on which the parent
97     applicant completes the parental coaching.
98          (4) The department shall ensure that parental coaching:
99          (a) is a program of financial coaching designed to teach a parent applicant the
100     advantages of beginning a savings program for future higher education expenses of the parent
101     applicant's child while the child is still young;
102          (b) demonstrates how compound interest works in increasing savings over time;
103          (c) describes the general financial and other advantages of individuals who obtain
104     education beyond the high school level;
105          (d) provides information about how to open an eligible 529 savings account;
106          (e) provides information about the benefits of the program, including an explanation of
107     the requirements for an eligible 529 savings account to receive the one-time contributions
108     described in Subsections (3)(b) and (c);
109          (f) encourages a parent applicant to be actively involved in the education of the parent
110     applicant's child; and
111          (g) is provided at no cost to a parent applicant.
112          (5) Parental coaching may be offered by the department or any of the following if
113     approved by the department:
114          (a) a civic organization, if the executive director enters into a contract with the civic
115     organization following the procedures for contracting with a civic organization for the
116     provision of social capital under Section 35A-3-507;
117          (b) a for-profit entity;
118          (c) an educational institution; or

119          (d) a government entity.
120          (6) A parent applicant may apply to the department, in a form approved by the
121     department, to participate in the program.
122          (7) (a) If a parent applicant completes the parental coaching portion of the program and
123     provides evidence to the department of having opened an eligible 529 savings account no later
124     than 60 days after the day on which the parent applicant completes the parental coaching, the
125     department, in coordination with the plan, shall provide a one-time contribution of $500 to the
126     eligible 529 savings account.
127          (b) The department shall provide an additional one-time contribution of $50 to the 529
128     savings account described in Subsection (7)(a) if the parent applicant provides evidence to the
129     department of having contributed at least $50 to the eligible 529 savings account within 60
130     days after the day on which the parent applicant completes the parental coaching.
131          (c) (i) The department shall ensure that the maximum total contribution for one
132     qualified child under Subsection (7)(a) does not exceed $500, even if more than one parent
133     applicant of a qualified child completes the parental coaching portion of the program or more
134     than one eligible 529 savings account is opened on behalf of a qualified child.
135          (ii) The department shall ensure that the maximum total contribution for one qualified
136     child under Subsection (7)(b) does not exceed $50, even if more than one parent applicant of a
137     qualified child completes the parental coaching portion of the program or more than one
138     eligible 529 savings account is opened on behalf of a qualified child.
139          (d) (i) The department shall make the contribution described in Subsection (7)(a)
140     within 30 days after the day on which the department receives from the parent applicant
141     evidence of having opened the eligible 529 savings account.
142          (ii) The department shall make the contribution described in Subsection (7)(b) within
143     30 days after the day on which the department receives from the parent applicant evidence of
144     the parental applicant's contribution to the eligible 529 savings account.
145          (8) The department shall disseminate information about the program to local education
146     agencies, including information regarding program eligibility.
147          (9) (a) The department shall, in accordance with Title 63G, Chapter 3, Utah
148     Administrative Rulemaking Act, make rules to administer the program and carry out the
149     provisions of this part.

150          (b) The rules made under Subsection (9)(a) shall include:
151          (i) procedures for a parent applicant to apply to the department to participate in the
152     program;
153          (ii) standards for the provision of parental coaching under Subsection (4);
154          (iii) procedures for a parent applicant to provide to the department evidence of opening
155     an eligible 529 savings account or contributing to an eligible 529 savings account as required
156     under Subsection (7); and
157          (iv) provisions for information sharing and coordination with the plan.
158          Section 3. Section 35A-3-903 is enacted to read:
159          35A-3-903. Parental Coaching to Encourage Student Savings Program Restricted
160     Account.
161          (1) There is created a restricted account within the General Fund known as the
162     "Parental Coaching to Encourage Student Savings Program Restricted Account".
163          (2) The department is the administrator of the restricted account.
164          (3) (a) Subject to Subsection (3)(b), the department shall use account money to pay for
165     the program.
166          (b) The department may not use more than $1,000,000 each year for the one-time
167     contributions described in Subsections 35A-3-902(3)(b) and (c).
168          (4) The restricted account consists of:
169          (a) money transferred to the restricted account under Section 67-4a-801; and
170          (b) money appropriated or otherwise made available by the Legislature.
171          (5) (a) The restricted account shall earn interest.
172          (b) All interest earned on the restricted account shall be deposited into the restricted
173     account.
174          Section 4. Section 35A-3-904 is enacted to read:
175          35A-3-904. Reporting.
176          As part of the annual written report described in Section 35A-1-109, the department
177     shall:
178          (1) provide the number of parent applicants who have participated in the program;
179          (2) provide the number of parent applicants who have completed parental coaching;
180          (3) provide the number of qualified children who have received a contribution from the

181     program to an eligible 529 savings account opened on behalf of the qualified children;
182          (4) describe the status of the restricted account, including an accounting of
183     expenditures made from the restricted account; and
184          (5) make recommendations to the Legislature regarding the effectiveness of the
185     program and any suggestions for improving the program.
186          Section 5. Section 53G-4-412 is enacted to read:
187          53G-4-412. Parental Coaching to Encourage Student Savings Program
188     notification requirements.
189          (1) As used in this section, "local education agency" means a school district, a charter
190     school, or the Utah Schools for the Deaf and the Blind.
191          (2) On or before October 1 of each school year, a local education agency that offers
192     kindergarten shall provide to a parent, legal custodian, or legal guardian of each incoming
193     kindergarten student, written notification regarding the Parental Coaching to Encourage
194     Student Savings Program created in Section 35A-3-902, including information regarding
195     program eligibility.
196          Section 6. Section 59-10-1017 is amended to read:
197          59-10-1017. Utah Educational Savings Plan tax credit.
198          (1) As used in this section:
199          (a) "Account owner" means the same as that term is defined in Section 53B-8a-102.
200          (b) "Grantor trust" means the same as that term is defined in Section 53B-8a-102.5.
201          (c) "Higher education costs" means the same as that term is defined in Section
202     53B-8a-102.5.
203          (d) "Maximum amount of a qualified investment for the taxable year" means, for a
204     taxable year, the product of the percentage listed in Subsection 59-10-104(2) and:
205          (i) subject to Subsection (1)(d)(iii), for a claimant, estate, or trust that is an account
206     owner, if that claimant, estate, or trust is other than husband and wife account owners who file
207     a single return jointly, the maximum amount of a qualified investment:
208          (A) listed in Subsection 53B-8a-106(1)(e)(ii); and
209          (B) increased or kept for that taxable year in accordance with Subsections
210     53B-8a-106(1)(f) and (g);
211          (ii) subject to Subsection (1)(d)(iii), for claimants who are husband and wife account

212     owners who file a single return jointly, the maximum amount of a qualified investment:
213          (A) listed in Subsection 53B-8a-106(1)(e)(iii); and
214          (B) increased or kept for that taxable year in accordance with Subsections
215     53B-8a-106(1)(f) and (g); or
216          (iii) for a grantor trust:
217          (A) if the owner of the grantor trust has a single filing status or head of household
218     filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(i); or
219          (B) if the owner of the grantor trust has a joint filing status as defined in Section
220     59-10-1018, the amount described in Subsection (1)(d)(ii).
221          (e) "Owner of the grantor trust" means the same as that term is defined in Section
222     53B-8a-102.5.
223          (f) "Plan" means the Utah Educational Savings Plan created in Section 53B-8a-103.
224          [(f)] (g) (i) "Qualified investment" means the same as that term is defined in Section
225     53B-8a-102.5.
226          (ii) "Qualified investment" does not include any contributions made by the Department
227     of Workforce Services under Section 35A-3-902.
228          (2) Except as provided in Section 59-10-1002.2 and subject to the other provisions of
229     this section, a claimant, estate, or trust that is an account owner may claim a nonrefundable tax
230     credit equal to the product of:
231          (a) the amount of a qualified investment made:
232          (i) during the taxable year; and
233          (ii) into an account owned by the claimant, estate, or trust; and
234          (b) the percentage listed in Subsection 59-10-104(2).
235          (3) A claimant, estate, or trust, or a person other than the claimant, estate, or trust, may
236     make a qualified investment described in Subsection (2).
237          (4) A claimant, estate, or trust that is an account owner may not claim a tax credit
238     under this section with respect to any portion of a qualified investment described in Subsection
239     (2) that a claimant, estate, trust, or person described in Subsection (3) deducts on a federal
240     income tax return.
241          (5) A tax credit under this section may not exceed the maximum amount of a qualified
242     investment for the taxable year.

243          (6) A claimant, estate, or trust that is an account owner may not carry forward or carry
244     back the tax credit under this section.
245          (7) (a) An account owner may not claim a tax credit under this section with respect to
246     any contributions made by the Department of Workforce Services under Section 35A-3-902.
247          (b) The plan shall coordinate with the commission to ensure compliance with
248     Subsection (7)(a).
249          Section 7. Section 63I-1-263 is amended to read:
250          63I-1-263. Repeal dates, Titles 63A to 63N.
251          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
252          (a) Section 63A-16-102 is repealed;
253          (b) Section 63A-16-201 is repealed; and
254          (c) Section 63A-16-202 is repealed.
255          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
256     improvement funding, is repealed July 1, 2024.
257          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
258     2023.
259          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
260     Committee, are repealed July 1, 2023.
261          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
262     1, 2028.
263          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
264     2025.
265          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
266     2024.
267          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
268     repealed July 1, 2023.
269          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
270     July 1, 2023.
271          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
272     repealed July 1, 2026.
273          (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed

274     July 1, 2025.
275          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
276     Advisory Board, is repealed July 1, 2026.
277          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
278     2025.
279          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
280     2024.
281          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
282          (16) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is repealed
283     July 1, 2026.
284          (17) (a) Subsection 63J-1-602.1[(61)](62), relating to the Utah Statewide Radio System
285     Restricted Account, is repealed July 1, 2022.
286          (b) When repealing Subsection 63J-1-602.1[(61)](62), the Office of Legislative
287     Research and General Counsel shall, in addition to the office's authority under Subsection
288     36-12-12(3), make necessary changes to subsection numbering and cross references.
289          (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
290     Commission, is repealed July 1, 2023.
291          (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
292     July 1, 2022.
293          (20) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety Commission, is
294     repealed January 1, 2025.
295          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
296     repealed July 1, 2027.
297          (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on July
298     1, 2022:
299          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
300          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
301          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
302     January 1, 2023:
303          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
304     repealed;

305          (b) Section 63M-7-305, the language that states "council" is replaced with
306     "commission";
307          (c) Subsection 63M-7-305(1) is repealed and replaced with:
308          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
309          (d) Subsection 63M-7-305(2) is repealed and replaced with:
310          "(2) The commission shall:
311          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
312     Drug-Related Offenses Reform Act; and
313          (b) coordinate the implementation of Section 77-18-104 and related provisions in
314     Subsections 77-18-103(2)(c) and (d).".
315          (24) The Crime Victim Reparations and Assistance Board, created in Section
316     63M-7-504, is repealed July 1, 2027.
317          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
318     1, 2022.
319          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
320          (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
321     Council, is repealed July 1, 2024.
322          (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
323          (29) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
324     1, 2028.
325          (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
326     January 1, 2021.
327          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
328     calendar years beginning on or after January 1, 2021.
329          (c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
330     accordance with Section 59-9-107 if:
331          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
332     31, 2020; and
333          (ii) the qualified equity investment that is the basis of the tax credit is certified under
334     Section 63N-2-603 on or before December 31, 2023.
335          (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed

336     July 1, 2023.
337          (32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
338     2025.
339          (33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
340     is repealed January 1, 2028.
341          Section 8. Section 63J-1-602.1 is amended to read:
342          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
343          Appropriations made from the following accounts or funds are nonlapsing:
344          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
345     and Leadership Restricted Account created in Section 4-42-102.
346          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
347          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
348     Section 9-18-102.
349          (4) The National Professional Men's Soccer Team Support of Building Communities
350     Restricted Account created in Section 9-19-102.
351          (5) Funds collected for directing and administering the C-PACE district created in
352     Section 11-42a-106.
353          (6) Money received by the Utah Inland Port Authority, as provided in Section
354     11-58-105.
355          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
356          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
357          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
358     Section 19-2a-106.
359          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
360     Section 19-5-126.
361          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
362     Section 23-14-13.5.
363          (12) Award money under the State Asset Forfeiture Grant Program, as provided under
364     Section 24-4-117.
365          (13) Funds collected from the program fund for local health department expenses
366     incurred in responding to a local health emergency under Section 26-1-38.

367          (14) The Children with Cancer Support Restricted Account created in Section
368     26-21a-304.
369          (15) State funds for matching federal funds in the Children's Health Insurance Program
370     as provided in Section 26-40-108.
371          (16) The Children with Heart Disease Support Restricted Account created in Section
372     26-58-102.
373          (17) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
374          (18) The Technology Development Restricted Account created in Section 31A-3-104.
375          (19) The Criminal Background Check Restricted Account created in Section
376     31A-3-105.
377          (20) The Captive Insurance Restricted Account created in Section 31A-3-304, except
378     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
379          (21) The Title Licensee Enforcement Restricted Account created in Section
380     31A-23a-415.
381          (22) The Health Insurance Actuarial Review Restricted Account created in Section
382     31A-30-115.
383          (23) The Insurance Fraud Investigation Restricted Account created in Section
384     31A-31-108.
385          (24) The Underage Drinking Prevention Media and Education Campaign Restricted
386     Account created in Section 32B-2-306.
387          (25) The Parental Coaching to Encourage Student Savings Program Restricted Account
388     created in Section 35A-3-903.
389          [(25)] (26) The School Readiness Restricted Account created in Section 35A-15-203.
390          [(26)] (27) Money received by the Utah State Office of Rehabilitation for the sale of
391     certain products or services, as provided in Section 35A-13-202.
392          [(27)] (28) The Oil and Gas Administrative Penalties Account created in Section
393     40-6-11.
394          [(28)] (29) The Oil and Gas Conservation Account created in Section 40-6-14.5.
395          [(29)] (30) The Division of Oil, Gas, and Mining Restricted account created in Section
396     40-6-23.
397          [(30)] (31) The Electronic Payment Fee Restricted Account created by Section

398     41-1a-121 to the Motor Vehicle Division.
399          [(31)] (32) The Motor Vehicle Enforcement Division Temporary Permit Restricted
400     Account created by Section 41-3-110 to the State Tax Commission.
401          [(32)] (33) The Utah Law Enforcement Memorial Support Restricted Account created
402     in Section 53-1-120.
403          [(33)] (34) The State Disaster Recovery Restricted Account to the Division of
404     Emergency Management, as provided in Section 53-2a-603.
405          [(34)] (35) The Department of Public Safety Restricted Account to the Department of
406     Public Safety, as provided in Section 53-3-106.
407          [(35)] (36) The Utah Highway Patrol Aero Bureau Restricted Account created in
408     Section 53-8-303.
409          [(36)] (37) The DNA Specimen Restricted Account created in Section 53-10-407.
410          [(37)] (38) The Canine Body Armor Restricted Account created in Section 53-16-201.
411          [(38)] (39) The Technical Colleges Capital Projects Fund created in Section
412     53B-2a-118.
413          [(39)] (40) The Higher Education Capital Projects Fund created in Section
414     53B-22-202.
415          [(40)] (41) A certain portion of money collected for administrative costs under the
416     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
417          [(41)] (42) The Public Utility Regulatory Restricted Account created in Section
418     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
419          [(42)] (43) Funds collected from a surcharge fee to provide certain licensees with
420     access to an electronic reference library, as provided in Section 58-3a-105.
421          [(43)] (44) Certain fines collected by the Division of Occupational and Professional
422     Licensing for violation of unlawful or unprofessional conduct that are used for education and
423     enforcement purposes, as provided in Section 58-17b-505.
424          [(44)] (45) Funds collected from a surcharge fee to provide certain licensees with
425     access to an electronic reference library, as provided in Section 58-22-104.
426          [(45)] (46) Funds collected from a surcharge fee to provide certain licensees with
427     access to an electronic reference library, as provided in Section 58-55-106.
428          [(46)] (47) Funds collected from a surcharge fee to provide certain licensees with

429     access to an electronic reference library, as provided in Section 58-56-3.5.
430          [(47)] (48) Certain fines collected by the Division of Occupational and Professional
431     Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
432     provided in Section 58-63-103.
433          [(48)] (49) The Relative Value Study Restricted Account created in Section 59-9-105.
434          [(49)] (50) The Cigarette Tax Restricted Account created in Section 59-14-204.
435          [(50)] (51) Funds paid to the Division of Real Estate for the cost of a criminal
436     background check for a mortgage loan license, as provided in Section 61-2c-202.
437          [(51)] (52) Funds paid to the Division of Real Estate for the cost of a criminal
438     background check for principal broker, associate broker, and sales agent licenses, as provided
439     in Section 61-2f-204.
440          [(52)] (53) Certain funds donated to the Department of Human Services, as provided in
441     Section 62A-1-111.
442          [(53)] (54) The National Professional Men's Basketball Team Support of Women and
443     Children Issues Restricted Account created in Section 62A-1-202.
444          [(54)] (55) Certain funds donated to the Division of Child and Family Services, as
445     provided in Section 62A-4a-110.
446          [(55)] (56) The Choose Life Adoption Support Restricted Account created in Section
447     62A-4a-608.
448          [(56)] (57) Funds collected by the Office of Administrative Rules for publishing, as
449     provided in Section 63G-3-402.
450          [(57)] (58) The Immigration Act Restricted Account created in Section 63G-12-103.
451          [(58)] (59) Money received by the military installation development authority, as
452     provided in Section 63H-1-504.
453          [(59)] (60) The Computer Aided Dispatch Restricted Account created in Section
454     63H-7a-303.
455          [(60)] (61) The Unified Statewide 911 Emergency Service Account created in Section
456     63H-7a-304.
457          [(61)] (62) The Utah Statewide Radio System Restricted Account created in Section
458     63H-7a-403.
459          [(62)] (63) The Utah Capital Investment Restricted Account created in Section

460     63N-6-204.
461          [(63)] (64) The Motion Picture Incentive Account created in Section 63N-8-103.
462          [(64)] (65) Certain money payable for expenses of the Pete Suazo Utah Athletic
463     Commission, as provided under Section 63N-10-301.
464          [(65)] (66) Funds collected by the housing of state probationary inmates or state parole
465     inmates, as provided in Subsection 64-13e-104(2).
466          [(66)] (67) Certain forestry and fire control funds utilized by the Division of Forestry,
467     Fire, and State Lands, as provided in Section 65A-8-103.
468          [(67)] (68) The Transportation of Veterans to Memorials Support Restricted Account
469     created in Section 71-14-102.
470          [(68)] (69) The Amusement Ride Safety Restricted Account, as provided in Section
471     72-16-204.
472          [(69)] (70) Certain funds received by the Office of the State Engineer for well drilling
473     fines or bonds, as provided in Section 73-3-25.
474          [(70)] (71) The Water Resources Conservation and Development Fund, as provided in
475     Section 73-23-2.
476          [(71)] (72) Funds donated or paid to a juvenile court by private sources, as provided in
477     Subsection 78A-6-203(1)(c).
478          [(72)] (73) Fees for certificate of admission created under Section 78A-9-102.
479          [(73)] (74) Funds collected for adoption document access as provided in Sections
480     78B-6-141, 78B-6-144, and 78B-6-144.5.
481          [(74)] (75) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
482     Part 4, Utah Indigent Defense Commission.
483          [(75)] (76) The Utah Geological Survey Oil, Gas, and Mining Restricted Account
484     created in Section 79-3-403.
485          [(76)] (77) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
486     State Park, and Green River State Park, as provided under Section 79-4-403.
487          [(77)] (78) Certain funds received by the Division of State Parks from the sale or
488     disposal of buffalo, as provided under Section 79-4-1001.
489          [(78)] (79) The Drinking While Pregnant Prevention Media and Education Campaign
490     Restricted Account created in Section 32B-2-308.

491          Section 9. Section 67-4a-801 is amended to read:
492          67-4a-801. Deposit of funds by administrator.
493          (1) (a) There is created a private-purpose trust fund entitled the "Unclaimed Property
494     Trust Fund."
495          (b) Except as otherwise provided in this section, the administrator shall deposit all
496     funds received under this chapter, including proceeds from the sale of property under Part 7,
497     Sale of Property by Administrator, in the fund.
498          (c) The fund shall earn interest.
499          (2) The administrator shall:
500          (a) pay any legitimate claims or deductions authorized by this chapter from the fund;
501          (b) before the end of the fiscal year, estimate the amount of money from the fund that
502     will ultimately be needed to be paid to claimants; and
503          (c) at the end of the fiscal year, transfer any amount in excess of that amount to the
504     Uniform School Fund, except that:
505          (i) the lessor of $1,000,000 or five percent of the excess amount shall be transferred to
506     the Parental Coaching to Encourage Student Savings Program Restricted Account created in
507     Section 35A-3-903; and
508          (ii) unclaimed restitution for crime victims shall be transferred to the Crime Victim
509     Reparations Fund.
510          (3) Before making any transfer [to the Uniform School Fund] under Subsection (2)(c),
511     the administrator may deduct from the fund:
512          (a) amounts appropriated by the Legislature for administration of this chapter;
513          (b) any costs incurred in connection with the sale of abandoned property;
514          (c) costs of mailing and publication in connection with any abandoned property;
515          (d) reasonable service charges; and
516          (e) costs incurred in examining records of holders of property and in collecting the
517     property from those holders.