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6 Cosponsor:
Tyler Clancy
7
8 LONG TITLE
9 General Description:
10 This bill creates the Property Loss Related to Homelessness Compensation Fund.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ creates the Property Loss Related to Homelessness Compensation Fund;
15 ▸ describes acceptable uses of the Property Loss Related to Homelessness
16 Compensation Fund;
17 ▸ states that money in the Property Loss Related to Homelessness Compensation
18 Fund is nonlapsing;
19 ▸ creates the Property Loss Related to Homelessness Advisory Committee; and
20 ▸ describes the duties of the Property Loss Related to Homelessness Advisory
21 Committee.
22 Money Appropriated in this Bill:
23 This bill appropriates in fiscal year 2025:
24 ▸ to Department of Workforce Services - Property Loss Related to Homelessness
25 Compensation Fund as a one-time appropriation:
26 • from the General Fund, One-time, $300,000
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 63I-1-263, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
32 212, 218, 249, 270, 448, 489, and 534
33 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
34 63J-1-602.2 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
35 33, 34, 134, 139, 180, 212, 246, 330, 345, 354, and 534
36 63J-1-602.2 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
37 34, 134, 139, 180, 212, 246, 310, 330, 345, 354, and 534
38 ENACTS:
39 35A-16-801, Utah Code Annotated 1953
40 35A-16-802, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 35A-16-801 is enacted to read:
44 35A-16-801. Property Loss Related to Homelessness Compensation Fund.
45 (1) As used in this section:
46 (a) "Homelessness services facility" means an eligible shelter under Subsection
47 35A-16-401(5)(a) or (5)(b).
48 (b) "Property loss" means:
49 (i) documented damage to or theft of personal property; or
50 (ii) documented cost of cleaning, sanitizing, repairing, or restoring real property.
51 (2) There is created an expendable special revenue fund known as the "Property Loss
52 Related to Homelessness Compensation Fund."
53 (3) The fund shall consist of:
54 (a) gifts, grants, donations, loan repayments, or any other conveyance of money that
55 may be made to the fund from private sources; and
56 (b) additional amounts as appropriated by the Legislature.
57 (4) The fund shall be administered by the coordinator.
58 (5) Fund money may be used to:
59 (a) compensate an individual who:
60 (i) lives within 1/5 of a mile from a homelessness services facility; and
61 (ii) experiences property loss as a direct result of the presence of the homelessness
62 services facility;
63 (b) compensate a business that:
64 (i) is located within 1/5 of a mile of a homelessness services facility or encampment;
65 and
66 (ii) experiences property loss as a direct result of the presence of the homelessness
67 services facility; or
68 (c) provide a no-interest loan to a business that:
69 (i) meets the requirements of Subsection (5)(b); and
70 (ii) enters into an agreement with the department to:
71 (A) use loaned funds only to repair or mitigate property loss as a direct result of the
72 presence of the homelessness services facility; and
73 (B) repay the loan within one year of the day on which the loan is made.
74 (6) Not less that 50% of the fund shall be used each fiscal year to directly assist
75 individuals and businesses who meet the qualifications described in Subsection (5).
76 (7) An individual who receives compensation from the fund shall:
77 (a) be a resident of Utah; and
78 (b) have a need that can be met within the requirements of this section.
79 (8) A business that receives compensation or a loan from the fund shall be in good
80 standing with the State Tax Commission and Department of Commerce.
81 (9) (a) The fund may not duplicate or supplant any services or support mechanisms
82 being provided to an individual or business by any other government or private agency.
83 (b) The fund may supplement a service or support mechanism provided to an
84 individual or business by another government entity or private agency, if the service or support
85 mechanism does not fully cover the cost of the individual's or business's property loss.
86 (10) All actual and necessary operating expenses for the Property Loss Related to
87 Homelessness Advisory Committee created in Section 35A-16-802 and staff shall be paid by
88 the fund.
89 Section 2. Section 35A-16-802 is enacted to read:
90 35A-16-802. Property Loss Related to Homelessness Advisory Committee.
91 (1) As used in this section:
92 (a) "Committee" means the Property Loss Related to Homelessness Advisory
93 Committee created in this section.
94 (b) "Homelessness services facility" means the same as that term is defined in Section
95 35A-16-801.
96 (c) "Property loss" means the same as that term is defined in Section 35A-16-801.
97 (2) On or after July 1 of each year, the coordinator may create the Property Loss
98 Related to Homelessness Advisory Committee of not more than nine members.
99 (3) The committee shall be composed of members of the community, including:
100 (a) persons who operate a business in proximity with a homelessness services facility;
101 (b) representatives of an association which advocates for people experiencing
102 homelessness;
103 (c) individuals with experience in quantifying and evaluating property loss; and
104 (d) office representatives.
105 (4) The office shall provide staff support to the committee.
106 (5) (a) If a vacancy occurs in the committee membership for any reason, a replacement
107 may be appointed for the unexpired term.
108 (b) The committee shall elect a chairperson from the membership.
109 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
110 exists, the action of the majority of members present shall be the action of the committee.
111 (d) The committee may adopt bylaws governing the committee's activities.
112 (e) A committee member may be removed by the coordinator:
113 (i) if the member is unable or unwilling to carry out the member's assigned
114 responsibilities; or
115 (ii) for good cause.
116 (6) The committee shall:
117 (a) recommend criteria for disbursements and loans from the Property Loss Related to
118 Homelessness Compensation Fund, including criteria for confirming the amount of property
119 loss and prioritizing disbursements in the event of limited funds, to the coordinator; and
120 (b) review disbursements and loans from the Property Loss Related to Homelessness
121 Compensation Fund.
122 (7) The committee shall comply with the procedures and requirements of:
123 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
124 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
125 (8) A member may not receive compensation or benefits for the member's service, but,
126 at the coordinator's discretion, may receive per diem and travel expenses in accordance with:
127 (a) Section 63A-3-106;
128 (b) Section 63A-3-107; and
129 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
130 63A-3-107.
131 (9) Beginning in 2025, the committee shall provide an annual written report
132 summarizing the activities of the committee to the coordinator by November 30.
133 (10) The committee shall cease to exist on December 31 of each year, unless the
134 coordinator determines it necessary to continue.
135 Section 3. Section 63I-1-263 is amended to read:
136 63I-1-263. Repeal dates: Titles 63A to 63N.
137 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
138 improvement funding, is repealed July 1, 2024.
139 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
140 2023.
141 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
142 Committee, are repealed July 1, 2023.
143 (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
144 1, 2028.
145 (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
146 2025.
147 (6) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
148 2024.
149 (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
150 repealed July 1, 2023.
151 (8) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
152 December 31, 2026.
153 (9) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
154 repealed July 1, 2026.
155 (10) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
156 (11) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
157 (12) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed December
158 31, 2024.
159 (13) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is
160 repealed on July 1, 2028.
161 (14) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
162 Advisory Board, is repealed July 1, 2026.
163 (15) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
164 2028.
165 (16) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
166 2024.
167 (17) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
168 (18) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety Commission, is
169 repealed January 1, 2025.
170 (19) Section 63L-11-204, creating a canyon resource management plan to Provo
171 Canyon, is repealed July 1, 2025.
172 (20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
173 repealed July 1, 2027.
174 (21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
175 January 1, 2033:
176 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
177 repealed;
178 (b) Section 63M-7-305, the language that states "council" is replaced with
179 "commission";
180 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
181 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
182 (d) Subsection 63M-7-305(2) is repealed and replaced with:
183 "(2) The commission shall:
184 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
185 Drug-Related Offenses Reform Act; and
186 (b) coordinate the implementation of Section 77-18-104 and related provisions in
187 Subsections 77-18-103(2)(c) and (d).".
188 (22) The Crime Victim Reparations and Assistance Board, created in Section
189 63M-7-504, is repealed July 1, 2027.
190 (23) Title 63M, Chapter 7, Part 8, Sex Offense Management Board, is repealed July1,
191 2026.
192 (24) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
193 (25) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed
194 January 1, 2025.
195 (26) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
196 (27) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
197 1, 2028.
198 (28) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed
199 July 1, 2027.
200 (29) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
201 repealed July 1, 2025.
202 (30) In relation to the Rural Employment Expansion Program, on July 1, 2028:
203 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
204 and
205 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
206 Program, is repealed.
207 (31) In relation to the Board of Tourism Development, on July 1, 2025:
208 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
209 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
210 repealed and replaced with "Utah Office of Tourism";
211 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
212 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
213 approval from the Board of Tourism Development, is repealed; and
214 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
215 (32) Subsection 63N-8-103(3)(c), which allows the Governor's Office of Economic
216 Opportunity to issue an amount of tax credit certificates only for rural productions, is repealed
217 on July 1, 2024.
218 Section 4. Section 63I-2-263 is amended to read:
219 63I-2-263. Repeal dates: Title 63A to Title 63N.
220 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
221 Procurement Advisory Council is repealed July 1, 2025.
222 (2) Section 63A-17-303 is repealed July 1, 2023.
223 (3) Section 63A-17-806 is repealed June 30, 2026.
224 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
225 Commission is repealed July 1, 2023.
226 (5) Section 63H-7a-303 is repealed July 1, 2024.
227 (6) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
228 communications network, is repealed July 1, 2033.
229 (7) Subsection 63J-1-602.2(45), which lists appropriations to the State Tax
230 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
231 (8) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same taxable
232 year as the targeted business income tax credit, is repealed December 31, 2024.
233 (9) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an Enterprise
234 Zone, is repealed December 31, 2024.
235 Section 5. Section 63J-1-602.2 (Superseded 07/01/24) is amended to read:
236 63J-1-602.2 (Superseded 07/01/24). List of nonlapsing appropriations to
237 programs.
238 Appropriations made to the following programs are nonlapsing:
239 (1) The Legislature and the Legislature's committees.
240 (2) The State Board of Education, including all appropriations to agencies, line items,
241 and programs under the jurisdiction of the State Board of Education, in accordance with
242 Section 53F-9-103.
243 (3) The Rangeland Improvement Act created in Section 4-20-101.
244 (4) The Percent-for-Art Program created in Section 9-6-404.
245 (5) The LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.
246 (6) The Utah Lake Authority created in Section 11-65-201.
247 (7) Dedicated credits accrued to the Utah Marriage Commission as provided under
248 Subsection 17-16-21(2)(d)(ii).
249 (8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
250 (9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
251 26B-3-108(7).
252 (10) The Emergency Medical Services Grant Program in Section 26B-4-107.
253 (11) The primary care grant program created in Section 26B-4-310.
254 (12) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
255 (13) The Utah Health Care Workforce Financial Assistance Program created in Section
256 26B-4-702.
257 (14) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
258 (15) The Utah Medical Education Council for the:
259 (a) administration of the Utah Medical Education Program created in Section
260 26B-4-707;
261 (b) provision of medical residency grants described in Section 26B-4-711; and
262 (c) provision of the forensic psychiatric fellowship grant described in Section
263 26B-4-712.
264 (16) The Division of Services for People with Disabilities, as provided in Section
265 26B-6-402.
266 (17) Funds that the Department of Alcoholic Beverage Services retains in accordance
267 with Subsection 32B-2-301(8)(a) or (b).
268 (18) The Property Loss Related to Homelessness Compensation Fund created in
269 Section 35A-16-801.
270 (19) The General Assistance program administered by the Department of Workforce
271 Services, as provided in Section 35A-3-401.
272 [
273 Act.
274 [
275 Section 53-2a-1102.
276 [
277 [
278 provided in Section 53B-6-104.
279 [
280 Subsection 53G-10-608(6).
281 [
282 storage tanks under Section 63A-9-401.
283 [
284 [
285 under Section 63A-16-903.
286 [
287 [
288 63G-3-402.
289 [
290 Colorado River Authority of Utah Act.
291 [
292 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
293 [
294 Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
295 Expansion Program.
296 [
297 described in Section 64-13e-103.
298 [
299 65A-2-8.
300 [
301 provided in Section 63A-17-106.
302 [
303 fund, as provided in Section 69-2-301.
304 [
305 [
306 Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
307 participating in a settlement of federal reserved water right claims.
308 [
309 in Section 77-10a-19.
310 [
311 78A-6-210.
312 [
313 [
314 [
315 and 78B-6-144.5.
316 [
317 Defense Commission.
318 [
319 Management under Section 63A-5b-703 under which state agencies receive an appropriation
320 and pay lease payments for the use and occupancy of buildings owned by the Division of
321 Facilities Construction and Management.
322 [
323 taxes in accordance with Section 59-2-1802.5.
324 [
325 4-2-902.
326 Section 6. Section 63J-1-602.2 (Effective 07/01/24) is amended to read:
327 63J-1-602.2 (Effective 07/01/24). List of nonlapsing appropriations to programs.
328 Appropriations made to the following programs are nonlapsing:
329 (1) The Legislature and the Legislature's committees.
330 (2) The State Board of Education, including all appropriations to agencies, line items,
331 and programs under the jurisdiction of the State Board of Education, in accordance with
332 Section 53F-9-103.
333 (3) The Rangeland Improvement Act created in Section 4-20-101.
334 (4) The Percent-for-Art Program created in Section 9-6-404.
335 (5) The LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.
336 (6) The Utah Lake Authority created in Section 11-65-201.
337 (7) Dedicated credits accrued to the Utah Marriage Commission as provided under
338 Subsection 17-16-21(2)(d)(ii).
339 (8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
340 (9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
341 26B-3-108(7).
342 (10) The primary care grant program created in Section 26B-4-310.
343 (11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
344 (12) The Utah Health Care Workforce Financial Assistance Program created in Section
345 26B-4-702.
346 (13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
347 (14) The Utah Medical Education Council for the:
348 (a) administration of the Utah Medical Education Program created in Section
349 26B-4-707;
350 (b) provision of medical residency grants described in Section 26B-4-711; and
351 (c) provision of the forensic psychiatric fellowship grant described in Section
352 26B-4-712.
353 (15) The Division of Services for People with Disabilities, as provided in Section
354 26B-6-402.
355 (16) Funds that the Department of Alcoholic Beverage Services retains in accordance
356 with Subsection 32B-2-301(8)(a) or (b).
357 (17) The General Assistance program administered by the Department of Workforce
358 Services, as provided in Section 35A-3-401.
359 (18) The Property Loss Related to Homelessness Compensation Fund created in
360 Section 35A-16-801.
361 (19) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
362 [
363 Section 53-2a-1102.
364 [
365 [
366 [
367 provided in Section 53B-6-104.
368 [
369 Subsection 53G-10-608(6).
370 [
371 storage tanks under Section 63A-9-401.
372 [
373 [
374 under Section 63A-16-903.
375 [
376 [
377 63G-3-402.
378 [
379 Colorado River Authority of Utah Act.
380 [
381 Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
382 [
383 Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
384 Expansion Program.
385 [
386 described in Section 64-13e-103.
387 [
388 65A-2-8.
389 [
390 provided in Section 63A-17-106.
391 [
392 fund, as provided in Section 69-2-301.
393 [
394 [
395 Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
396 participating in a settlement of federal reserved water right claims.
397 [
398 in Section 77-10a-19.
399 [
400 78A-6-210.
401 [
402 [
403 [
404 and 78B-6-144.5.
405 [
406 Defense Commission.
407 [
408 Management under Section 63A-5b-703 under which state agencies receive an appropriation
409 and pay lease payments for the use and occupancy of buildings owned by the Division of
410 Facilities Construction and Management.
411 [
412 taxes in accordance with Section 59-2-1802.5.
413 [
414 4-2-902.
415 Section 7. FY 2025 Appropriation.
416 The following sums of money are appropriated for the fiscal year beginning July 1,
417 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
418 fiscal year 2025.
419 Subsection 7(a). Expendable Funds and Accounts.
420 The Legislature has reviewed the following expendable funds. The Legislature
421 authorizes the State Division of Finance to transfer amounts between funds and accounts as
422 indicated. Outlays and expenditures from the funds or accounts to which the money is
423 transferred may be made without further legislative action, in accordance with statutory
424 provisions relating to the funds or accounts.
425
ITEM 1
To Department of Workforce Services - Property Loss Related to Homelessness426 Compensation Fund
| 427 | From General Fund, One-time | $300,000 | |||
| 428 | Schedule of Programs: | ||||
| 429 | Property Loss Related to Homelessness Compensation Fund | $300,000 | |||
430 Section 8. Effective date.
431 This bill takes effect on July 1, 2024.