2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the Olene Walker Housing Loan Fund within
10 the Department of Workforce Services.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Division of Finance to annually transfer a certain amount of state liquor
14 sale revenues from the Liquor Control Fund to the Olene Walker Housing Loan
15 Fund; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 32B-2-301, as last amended by Laws of Utah 2022, Chapter 447
24 35A-8-502, as renumbered and amended by Laws of Utah 2012, Chapter 212
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 32B-2-301 is amended to read:
28 32B-2-301. State property -- Liquor Control Fund -- Money to be retained by
29 department -- Department building process.
30 (1) As used in this section, "base budget" means the same as that term is defined in
31 legislative rule.
32 (2) The following are property of the state:
33 (a) the money received in the administration of this title, except as otherwise provided;
34 and
35 (b) property acquired, administered, possessed, or received by the department.
36 (3) (a) There is created an enterprise fund known as the "Liquor Control Fund."
37 (b) Except as provided in Sections 32B-2-304, 32B-2-305, and 32B-2-306, the
38 department shall deposit the following into the Liquor Control Fund:
39 (i) money received in the administration of this title; and
40 (ii) money received from the markup described in Section 32B-2-304.
41 (c) The department may draw from the Liquor Control Fund only to the extent
42 appropriated by the Legislature or provided by statute.
43 (d) The net position of the Liquor Control Fund may not fall below zero.
44 (4) (a) Notwithstanding Subsection (3)(c), the department may draw by warrant from
45 the Liquor Control Fund without an appropriation for an expenditure that is directly incurred by
46 the department:
47 (i) to purchase an alcoholic product;
48 (ii) to transport an alcoholic product from the supplier to a warehouse of the
49 department; or
50 (iii) for variances related to an alcoholic product, including breakage or theft.
51 (b) If the balance of the Liquor Control Fund is not adequate to cover a warrant that the
52 department draws against the Liquor Control Fund, to the extent necessary to cover the
53 warrant, the cash resources of the General Fund may be used.
54 (5) The department's base budget shall include as an appropriation from the Liquor
55 Control Fund:
56 (a) credit card related fees paid by the department;
57 (b) package agency compensation;
58 (c) the department's costs of shipping and warehousing alcoholic products; and
59 (d) the amount needed, as the Division of Human Resource Management determines,
60 to make the median department salary in the previous fiscal year equal the median market
61 salary in the previous fiscal year for the following positions:
62 (i) state store manager or equivalent;
63 (ii) state store assistant manager or equivalent;
64 (iii) full-time sales clerk at a state store or equivalent;
65 (iv) part-time sales clerk at a state store or equivalent;
66 (v) department warehouse manager or equivalent;
67 (vi) department warehouse assistant manager or equivalent;
68 (vii) full-time department warehouse worker or equivalent; and
69 (viii) part-time department warehouse worker or equivalent.
70 (6) (a) [
71 shall transfer annually from the Liquor Control Fund to the General Fund a sum equal to the
72 amount of net profit earned from the sale of liquor since the preceding transfer of money under
73 this Subsection (6).
74 (b) After each fiscal year, the Division of Finance shall calculate the amount for the
75 transfer on or before September 1 and the Division of Finance shall make the transfer on or
76 before September 30.
77 (c) The Division of Finance may make year-end closing entries in the Liquor Control
78 Fund to comply with Subsection 51-5-6(2).
79 (7) (a) By the end of each day, the department shall:
80 (i) make a deposit to a qualified depository, as defined in Section 51-7-3; and
81 (ii) report the deposit to the state treasurer.
82 (b) A commissioner or department employee is not personally liable for a loss caused
83 by the default or failure of a qualified depository.
84 (c) Money deposited in a qualified depository is entitled to the same priority of
85 payment as other public funds of the state.
86 (8) Before the Division of Finance makes the transfer described in Subsection (6), the
87 department may retain each fiscal year from the Liquor Control Fund $1,000,000 that the
88 department may use for:
89 (a) capital equipment purchases;
90 (b) salary increases for department employees;
91 (c) performance awards for department employees; or
92 (d) information technology enhancements because of changes or trends in technology.
93 (9) Before the Division of Finance makes the transfer described in Subsection (6), the
94 Division of Finance shall transfer annually from the Liquor Control Fund to the Olene Walker
95 Housing Loan Fund created in Section 35A-8-502 an amount equal to 25% of net profit earned
96 from the sale of liquor since the preceding transfer of money under Subsection (6).
97 Section 2. Section 35A-8-502 is amended to read:
98 35A-8-502. Creation and administration.
99 (1) (a) There is created an enterprise fund known as the Olene Walker Housing Loan
100 Fund, administered by the executive director or the executive director's designee.
101 (b) The department is the administrator of the fund.
102 (2) There shall be deposited into the fund:
103 (a) grants, paybacks, bonuses, entitlements, and other money received by the
104 department from the federal government to preserve, rehabilitate, build, restore, or renew
105 housing or for other activities authorized by the fund;
106 (b) money transferred from the Liquor Control Fund to the fund by the Division of
107 Finance in accordance with Subsection 32B-2-301(9);
108 [
109 implement this part; and
110 [
111 (3) The money in the fund shall be invested by the state treasurer according to the
112 procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
113 all interest or other earnings derived from money in the fund shall be deposited in the fund.
114 Section 3. Effective date.
115 This bill takes effect on May 1, 2024.