1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to state funds and accounts.
10 Highlighted Provisions:
11 This bill:
12 ▸ changes the Brain Injury Fund to a restricted account and renames it the Brain Injury
13 Account;
14 ▸ clarifies how carry forward funds are deposited into the Division of Services for
15 People with Disabilities Restricted Account;
16 ▸ changes the Alternative Eligibility Expendable Revenue Fund to a restricted account
17 and renames it the Alternative Eligibility Account;
18 ▸ creates the State Armory Fund;
19 ▸ modifies the Department of Government Operations' authority to transfer money
20 appropriated for certain costs;
21 ▸ allows the Division of Finance to transfer money from the Income Tax Fund to the
22 Uniform School Fund under certain circumstances;
23 ▸ changes the Transient Room Tax Fund to a fiduciary fund;
24 ▸ repeals:
25 • the Invasive Species Mitigation Account; and
26 • the Prison Project Fund; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill provides a special effective date.
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 4-17-115, as last amended by Laws of Utah 2018, Chapter 355
36 26B-1-318, as last amended by Laws of Utah 2023, Chapter 335 and renumbered and
37 amended by Laws of Utah 2023, Chapter 305
38 26B-1-335, as enacted by Laws of Utah 2023, Chapter 325
39 26B-3-910, as enacted by Laws of Utah 2023, Chapter 332
40 39A-2-102, as renumbered and amended by Laws of Utah 2022, Chapter 373
41 53F-9-201 (Superseded 01/01/25), as last amended by Laws of Utah 2022, Chapter
42 456
43 53F-9-201 (Effective 01/01/25), as last amended by Laws of Utah 2023, Chapter 293
44 63J-1-206, as last amended by Laws of Utah 2022, Chapters 40, 425
45 63J-1-207, as renumbered and amended by Laws of Utah 2009, Chapter 183
46 63N-3-403, as renumbered and amended by Laws of Utah 2015, Chapter 283
47 REPEALS:
48 4-17-114, as last amended by Laws of Utah 2018, Chapter 355
49 63A-5b-1107, as last amended by Laws of Utah 2023, Chapter 534
50 63B-25-101, as last amended by Laws of Utah 2020, Chapter 152
51 Utah Code Sections Affected By Coordination Clause:
52 26B-1-318, as last amended by Laws of Utah 2023, Chapter 335 and renumbered and
53 amended by Laws of Utah 2023, Chapter 305
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 4-17-115 is amended to read:
57 4-17-115. Cooperative agreements and grants to rehabilitate areas infested with
58 or threatened by invasive species.
59 The department may:
60 (1) enter into a cooperative agreement with a political subdivision, a state agency, a
61 federal agency, a tribe, a county weed board, a cooperative weed management area, a nonprofit
62 organization, a university, or a private landowner to:
63 (a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or
64 (b) conduct research related to invasive species; and
65 [
66
67 [
68 Act, make rules to[
69 [
70 [
71 administer this section.
72 The following section is affected by a coordination clause at the end of this bill.
73 Section 2. Section 26B-1-318 is amended to read:
74 26B-1-318. Brain Injury Account.
75 (1) There is created [
76 the General Fund known as the "Brain Injury [
77 (2) The [
78 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
79 fund from private sources; and
80 (b) additional amounts as appropriated by the Legislature.
81 [
82 [
83 (3) Upon appropriation by the Legislature, account money may be used to:
84 (a) educate the general public and professionals regarding understanding, treatment,
85 and prevention of brain injury;
86 (b) provide access to evaluations and coordinate short-term care to assist an individual
87 in identifying services or support needs, resources, and benefits for which the individual may
88 be eligible;
89 (c) develop and support an information and referral system for persons with a brain
90 injury and their families; and
91 (d) provide grants to persons or organizations to provide the services described in
92 Subsections [
93 [
94 directly assist individuals who meet the qualifications described in Subsection [
95 [
96 through an organization under contract with the [
97 (a) be a resident of Utah;
98 (b) have been diagnosed by a qualified professional as having a brain injury which
99 results in impairment of cognitive or physical function; and
100 (c) have a need that can be met within the requirements of this section.
101 [
102 being provided to an individual by any other government or private agency.
103 [
104 Committee created in Section 26B-1-417 and staff shall be paid by the [
105 [
106 acute care.
107 Section 3. Section 26B-1-335 is amended to read:
108 26B-1-335. Division of Services for People with Disabilities Restricted Account.
109 (1) As used in this section, "account" means the Division of Services for People with
110 Disabilities Restricted Account created in Subsection (2).
111 (2) There is created [
112 General Fund known as the "Division of Services for People with Disabilities Restricted
113 Account."
114 (3) The account consists of:
115 (a) carry forward funds from the division's budget; and
116 (b) unexpended balances lapsed to the account from the division's budget.
117 (4) At the close of a fiscal year, the division may, without an appropriation, deposit
118 into the account carry forward funds described in Subsection (3).
119 [
120 expend funds from the account to serve individuals eligible for division services statewide.
121 Section 4. Section 26B-3-910 is amended to read:
122 26B-3-910. Alternative eligibility -- Report -- Alternative Eligibility Account.
123 (1) A child who is not a traditionally eligible child may enroll in the program if:
124 (a) the child:
125 (i) has been living in the state for at least 180 days before the day on which the child
126 applies for the program; and
127 (ii) meets the requirements described in Subsections 26B-3-903(1)(a) through (e); and
128 (b) the child's parent has unsubsidized employment.
129 (2) (a) Enrollment under Subsection (1) is subject to funds in the Alternative Eligibility
130 [
131 (b) The department may create a waiting list for enrollment under Subsection (2)(a) if
132 eligible applicants exceed funds in the Alternative Eligibility [
133 Account.
134 (3) Notwithstanding Section 26B-3-904, the program benefits, coverage, and cost
135 sharing for a child enrolled under this section shall be equal to the benefits, coverage, and cost
136 sharing provided to a child who:
137 (a) is eligible under Subsection 26B-3-903(1); and
138 (b) resides in a household that has a gross family income equal to 200% of the federal
139 poverty level.
140 (4) Notwithstanding Section 26B-3-906, program services provided to a child enrolled
141 under this section shall be funded by the Alternative Eligibility [
142 Account.
143 (5) Each year the department enrolls a child in the program under this section, the
144 department shall submit a report to the Health and Human Services Interim Committee before
145 November 30 detailing:
146 (a) the number of individuals served under the program;
147 (b) average duration of coverage for individuals served under the program;
148 (c) the cost of the program; and
149 (d) any benefits of the program, including data showing:
150 (i) percentage of enrolled individuals who had well-child visits with a primary care
151 practitioner at recommended ages;
152 (ii) percentage of enrolled individuals who received a comprehensive or periodic oral
153 evaluation;
154 (iii) percentage of enrolled individuals who received recommended immunizations at
155 recommended ages;
156 (iv) rate of emergency department visits per 1,000 member months;
157 (v) rate of medication adherence to treat chronic conditions; and
158 (vi) a comparison of utilization patterns before and after enrollment.
159 (6) (a) There is created [
160 within the General Fund known as the "Alternative Eligibility [
161 Account."
162 (b) The Alternative Eligibility [
163 (i) appropriations by the Legislature;
164 (ii) any other funds received as donations for the [
165 (iii) interest earned on the account.
166 (c) If the balance of the Alternative Eligibility [
167 exceeds $4,500,000, state funds shall be transferred from the Alternative Eligibility
168 [
169 needed to reduce the balance of the Alternative Eligibility [
170 Account to $4,500,000.
171 (d) [
172 [
173 program under this section.
174 Section 5. Section 39A-2-102 is amended to read:
175 39A-2-102. Responsibilities of State Armory Board.
176 (1) The board shall supervise and control all facilities, ranges, training lands, and all
177 real property held or acquired for the military purposes of the state.
178 (2) The board may:
179 (a) provide suitable facilities, ranges, and training lands for the different organizations
180 of the National Guard;
181 (b) lease real property throughout the state wherever necessary for the use of
182 organizations of the National Guard and for the storage of state and government property at a
183 rental that the board considers reasonable;
184 (c) erect facilities and ranges at places within the state that it considers necessary upon
185 lands to which it has acquired the legal title;
186 (d) expend military funds to acquire legal title to lands and to construct facilities and
187 ranges;
188 (e) sell and lease property that the board holds under Subsection (1) for purposes
189 consistent with the mission of the Utah National Guard; and
190 (f) conduct meetings and take official action in person or as necessary via electronic
191 means, including telephone or video teleconferencing, or a combination of these methods.
192 (3) (a) Subject to Subsection (3)(b), the board may take options for the purchase of any
193 premises under lease to the state for National Guard purposes:
194 (i) at any time during the life of the lease; and
195 (ii) when the purchase is in the state's interest.
196 (b) An option is not binding upon the board until it is approved by the Legislature.
197 (4) (a) Before legally binding the state to sell or lease any real property owned by the
198 National Guard, the board shall submit a description of the proposed sale to the Legislative
199 Management Committee for its review and recommendations.
200 (b) Before legally binding the state to purchase any interest in real property, the board
201 shall submit a description of the proposed sale to the Legislative Management Committee for
202 its review and recommendations.
203 (c) The Legislative Management Committee shall review each proposal and may
204 approve or disapprove the sale.
205 [
206
207
208 [
209
210 (5) (a) There is created an expendable special revenue fund known as the "State
211 Armory Fund."
212 (b) The State Armory Fund shall consist of:
213 (i) proceeds from the sales and leases of real property authorized by this section;
214 (ii) appropriations by the Legislature; and
215 (iii) interest earned on the fund.
216 (c) Subject to the Legislative Management Committee's review and recommendation,
217 the State Armory Board may expend money in the State Armory Fund to pay for the acquisition
218 and sale of real property and the construction of new armories.
219 Section 6. Section 53F-9-201 (Superseded 01/01/25) is amended to read:
220 53F-9-201 (Superseded 01/01/25). Uniform School Fund -- Contents -- Trust
221 Distribution Account.
222 (1) As used in this section:
223 (a) "Annual distribution calculation" means, for a given fiscal year, the average of:
224 (i) 4% of the average market value of the State School Fund for that fiscal year; and
225 (ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
226 (A) one;
227 (B) the percent change in student enrollment from the school year two years prior to
228 the prior school year; and
229 (C) the actual total percent change of the consumer price index during the last 12
230 months as measured in June of the prior fiscal year.
231 (b) "Average market value of the State School Fund" means the results of a calculation
232 completed by the SITFO director each fiscal year that averages the value of the State School
233 Fund for the past 20 consecutive quarters ending in the prior fiscal year.
234 (c) "Consumer price index" means the Consumer Price Index for All Urban
235 Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
236 the United States Department of Labor.
237 (d) "SITFO director" means the director of the School and Institutional Trust Fund
238 Office appointed under Section 53D-1-401.
239 (e) "State School Fund investment earnings distribution amount" or "distribution
240 amount" means, for a fiscal year, the lesser of:
241 (i) the annual distribution calculation; or
242 (ii) 4% of the average market value of the State School Fund.
243 (2) The Uniform School Fund, a special revenue fund, established by Utah
244 Constitution,
245 Article X, Section 5, consists of:
246 (a) distributions derived from the investment of money in the permanent State School
247 Fund established by Utah Constitution, Article X, Section 5;
248 (b) money transferred to the fund [
249 Uniform Unclaimed Property Act; [
250 (c) money transferred to the fund under Section 63J-1-207; and
251 [
252 (i) appropriations for the Minimum School Program, enrollment growth, and inflation
253 under Section 53F-9-201.1; and
254 (ii) revenues received by donation.
255 (3) (a) There is created within the Uniform School Fund a restricted account known as
256 the Trust Distribution Account.
257 (b) The Trust Distribution Account consists of:
258 (i) in accordance with Subsection (4), quarterly deposits of the State School Fund
259 investment earnings distribution amount from the prior fiscal year;
260 (ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
261 (iii) any unused appropriation for the administration of the School LAND Trust
262 Program, as described in Subsection 53F-2-404(1)(c).
263 (4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
264 remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a)
265 for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
266 of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
267 amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
268 remaining balance from the prior fiscal year.
269 (5) On or before October 1 of each year, the SITFO director shall:
270 (a) in accordance with this section, determine the distribution amount for the following
271 fiscal year; and
272 (b) report the amount described in Subsection (5)(a) as the funding amount, described
273 in Subsection 53F-2-404(1)(c), for the School LAND Trust Program, to:
274 (i) the State Treasurer;
275 (ii) the Legislative Fiscal Analyst;
276 (iii) the Division of Finance;
277 (iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
278 Section 53D-2-203;
279 (v) the School and Institutional Trust Lands Administration created in Section
280 53C-1-201;
281 (vi) the state board; and
282 (vii) the Governor's Office of Planning and Budget.
283 (6) The School and Institutional Trust Fund Board of Trustees created in Section
284 53D-1-301 shall:
285 (a) annually review the distribution amount; and
286 (b) make recommendations, if necessary, to the Legislature for changes to the formula
287 for calculating the distribution amount.
288 (7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
289 Distribution Account funds for the School LAND Trust Program as described in Subsections
290 53F-2-404(1)(a) and (c).
291 Section 7. Section 53F-9-201 (Effective 01/01/25) is amended to read:
292 53F-9-201 (Effective 01/01/25). Uniform School Fund -- Contents -- Trust
293 Distribution Account.
294 (1) As used in this section:
295 (a) "Annual distribution calculation" means, for a given fiscal year, the average of:
296 (i) 5% of the average market value of the State School Fund for that fiscal year; and
297 (ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
298 (A) one;
299 (B) the percent change in student enrollment from the school year two years prior to
300 the prior school year; and
301 (C) the actual total percent change of the consumer price index during the last 12
302 months as measured in June of the prior fiscal year.
303 (b) "Average market value of the State School Fund" means the results of a calculation
304 completed by the SITFO director each fiscal year that averages the value of the State School
305 Fund for the past 20 consecutive quarters ending in the prior fiscal year.
306 (c) "Consumer price index" means the Consumer Price Index for All Urban
307 Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
308 the United States Department of Labor.
309 (d) "SITFO director" means the director of the School and Institutional Trust Fund
310 Office appointed under Section 53D-1-401.
311 (e) "State School Fund investment earnings distribution amount" or "distribution
312 amount" means, for a fiscal year, the lesser of:
313 (i) the annual distribution calculation; or
314 (ii) 5% of the average market value of the State School Fund.
315 (2) The Uniform School Fund, a special revenue fund, established by Utah
316 Constitution,
317 Article X, Section 5, consists of:
318 (a) distributions derived from the investment of money in the permanent State School
319 Fund established by Utah Constitution, Article X, Section 5;
320 (b) money transferred to the fund [
321 Uniform Unclaimed Property Act; [
322 (c) money transferred to the fund under Section 63J-1-207; and
323 [
324 (i) appropriations for the Minimum School Program, enrollment growth, and inflation
325 under Section 53F-9-201.1; and
326 (ii) revenues received by donation.
327 (3) (a) There is created within the Uniform School Fund a restricted account known as
328 the Trust Distribution Account.
329 (b) The Trust Distribution Account consists of:
330 (i) in accordance with Subsection (4), quarterly deposits of the State School Fund
331 investment earnings distribution amount from the prior fiscal year;
332 (ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
333 (iii) any unused appropriation for the administration of the School LAND Trust
334 Program, as described in Subsection 53F-2-404(1)(c).
335 (4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
336 remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a)
337 for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
338 of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
339 amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
340 remaining balance from the prior fiscal year.
341 (5) On or before October 1 of each year, the SITFO director shall:
342 (a) in accordance with this section, determine the distribution amount for the following
343 fiscal year; and
344 (b) report the amount described in Subsection (5)(a) as the funding amount, described
345 in Subsection 53F-2-404(1)(c), for the School LAND Trust Program, to:
346 (i) the State Treasurer;
347 (ii) the Legislative Fiscal Analyst;
348 (iii) the Division of Finance;
349 (iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
350 Section 53D-2-203;
351 (v) the School and Institutional Trust Lands Administration created in Section
352 53C-1-201;
353 (vi) the state board; and
354 (vii) the Governor's Office of Planning and Budget.
355 (6) The School and Institutional Trust Fund Board of Trustees created in Section
356 53D-1-301 shall:
357 (a) annually review the distribution amount; and
358 (b) make recommendations, if necessary, to the Legislature for changes to the formula
359 for calculating the distribution amount.
360 (7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
361 Distribution Account funds for the School LAND Trust Program as described in Subsections
362 53F-2-404(1)(a) and (c).
363 Section 8. Section 63J-1-206 is amended to read:
364 63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
365 Transfer of funds -- Exclusion.
366 (1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
367 exempted in the appropriating act:
368 (i) all money appropriated by the Legislature is appropriated upon the terms and
369 conditions set forth in this chapter; and
370 (ii) any department, agency, or institution that accepts money appropriated by the
371 Legislature does so subject to the requirements of this chapter.
372 (b) This section does not apply to:
373 (i) the Legislature and its committees; and
374 (ii) the Investigation Account of the Water Resources Construction Fund, which is
375 governed by Section 73-10-8.
376 (2) (a) Each item of appropriation is to be expended subject to any schedule of
377 programs and any restriction attached to the item of appropriation, as designated by the
378 Legislature.
379 (b) Each schedule of programs or restriction attached to an appropriation item:
380 (i) is a restriction or limitation upon the expenditure of the respective appropriation
381 made;
382 (ii) does not itself appropriate any money; and
383 (iii) is not itself an item of appropriation.
384 (c) (i) An appropriation or any surplus of any appropriation may not be diverted from
385 any department, agency, institution, division, or line item to any other department, agency,
386 institution, division, or line item.
387 (ii) If the money appropriated to an agency to pay lease payments under the program
388 established in Section 63A-5b-703 exceeds the amount required for the agency's lease
389 payments to the Division of Facilities Construction and Management, the agency may:
390 (A) transfer money from the lease payments line item to other line items within the
391 agency; and
392 (B) retain and use the excess money for other purposes.
393 (d) The money appropriated subject to a schedule of programs or restriction may be
394 used only for the purposes authorized.
395 (e) In order for a department, agency, or institution to transfer money appropriated to it
396 from one program to another program, the department, agency, or institution shall revise its
397 budget execution plan as provided in Section 63J-1-209.
398 (f) (i) The procedures for transferring money between programs within a line item as
399 provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
400 Education for the Minimum School Program or capital outlay programs created in Title 53F,
401 Chapter 3, State Funding -- Capital Outlay Programs.
402 (ii) The state superintendent may transfer money appropriated for the programs
403 specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
404 (3) Notwithstanding Subsection (2)(c)(i):
405 (a) the state superintendent may transfer money appropriated for the Minimum School
406 Program between line items in accordance with Section 53F-2-205; and
407 (b) the Department of Government Operations may transfer money appropriated [
408
409
410 department, agency, institution, or division for the purpose of paying the costs of pay for
411 performance under Section 63A-17-112.
412 Section 9. Section 63J-1-207 is amended to read:
413 63J-1-207. Uniform School Fund -- Appropriations.
414 (1) Appropriations made from the General Fund to the Uniform School Fund to assist
415 in financing the state's portion of the minimum school program, as provided by law, shall be
416 conditioned upon available revenue.
417 (2) If revenues to the General Fund are not sufficient to permit transfers to the Uniform
418 School Fund as provided by appropriation, the state fiscal officers shall withhold transfers from
419 the General Fund to the Uniform School Fund during the fiscal period, as in their judgment the
420 available revenues justify until:
421 (a) all other appropriations made by law have been provided for;
422 (b) any modifications to department and agency work programs have been made; and
423 (c) the governor has approved the transfer.
424 (3) Transfers from the General Fund to the Uniform School Fund shall be made at such
425 times as required to equalize the property levy for each fiscal year.
426 (4) If, at the end of a fiscal year, there is a deficit in the Uniform School Fund, the
427 Division of Finance may transfer from the Income Tax Fund to the Uniform School Fund an
428 amount equal to the deficit.
429 Section 10. Section 63N-3-403 is amended to read:
430 63N-3-403. Transient Room Tax Fund -- Source of revenues -- Interest --
431 Expenditure or pledge of revenues.
432 (1) There is created [
433 in a purely custodial capacity known as the Transient Room Tax Fund.
434 (2) (a) The fund shall be funded by the portion of the sales and use tax described in
435 Subsection 59-12-301(2).
436 (b) (i) The fund shall earn interest.
437 (ii) Any interest earned on fund money shall be deposited into the fund.
438 (3) (a) Subject to Subsection (3)(b), the executive director shall expend or pledge the
439 money deposited into the fund:
440 (i) to mitigate the impacts of traffic and parking relating to a convention facility within
441 a county of the first class;
442 (ii) for a purpose listed in Section 17-31-2, except that any requirements in Section
443 17-31-2 for the expenditure of money do not apply; or
444 (iii) for a combination of Subsections (3)(a)(i) and (ii).
445 (b) The executive director may not expend more than $20,000,000 in total to mitigate
446 the impacts of traffic and parking relating to a convention facility within a county of the first
447 class.
448 Section 11. Repealer.
449 This bill repeals:
450 Section 4-17-114, Invasive Species Mitigation Account created.
451 Section 63A-5b-1107, Development of new correctional facilities.
452 Section 63B-25-101, General obligation bonds for prison project -- Maximum
453 amount -- Use of proceeds.
454 Section 12. Effective date.
455 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2024.
456 (2) The actions affecting Section 53F-9-201 (Effective 01/01/25) take effect on January
457 1, 2025.
458 Section 13. Coordinating S.B. 241 with H.B. 73
459 If this S.B. 241, Funds Amendments, and H.B. 73, Rehabilitation Services
460 Amendments, both pass and become law, the Legislature intends that, on July 1, 2024, the
461 amendments to Section 26B-1-318 in H.B.73 supersede the amendments to Section 26B-1-318
462 in S.B. 241.