63A-5-220 - Definitions -- Creation of Account for People with Disabilities -- Use of restricted account.
63A-5-220. Definitions -- Creation of Account for People with Disabilities -- Use ofrestricted account.
(1) As used in this section:
(a) "Developmental center" means the Utah State Developmental Center described inSection 62A-5-201.
(b) "DSPD" means the Division of Services for People with Disabilities within theDepartment of Human Services.
(c) "Long-term lease" means:
(i) a lease with a term of five years or more; or
(ii) a lease with a term of less than five years that may be unilaterally renewed by thelessee.
(2) Notwithstanding the provisions of Section 63A-5-215, any money received by thedivision or DSPD from the sale, lease, except any lease existing on May 1, 1995, or otherdisposition of real property associated with the developmental center shall be deposited in therestricted account created in Subsection (3).
(3) (a) There is created a restricted account within the General Fund known as the"Account for People with Disabilities."
(b) The Division of Finance shall deposit the following revenues into the restrictedaccount:
(i) revenue from the sale, lease, except any lease existing on May 1, 1995, or otherdisposition of real property associated with the developmental center;
(ii) revenue from the sale, lease, or other disposition of water rights associated with thedevelopmental center; and
(iii) revenue from voluntary contributions made to the restricted account.
(c) The state treasurer shall invest money in the fund according to the procedures andrequirements of Title 51, Chapter 7, State Money Management Act, and all interest shall remainwith the restricted account.
(d) (i) Except as provided in Subsection (3)(d)(ii), no expenditure or appropriation maybe made from the restricted account.
(ii) (A) The Legislature may appropriate interest earned on restricted account moneyinvested pursuant to this Subsection (3)(d), leases from real property and improvements, leasesfrom water, rents, and fees to DSPD for programs described in Title 62A, Chapter 5, Services toPeople with Disabilities.
(B) Restricted account money appropriated each year under Subsection (3)(d)(ii)(A) maynot be expended unless approved by the director of the Division of Services for People withDisabilities within the Department of Human Services in consultation with the executive directorof the department.
(4) (a) Notwithstanding the provisions of Section 65A-4-1, any sale or disposition of realproperty or water rights associated with the developmental center shall be conducted as providedin this Subsection (4).
(b) The division shall secure the concurrence of DSPD and the approval of the governorbefore making the sale or other disposition of land or water rights.
(c) In addition to the concurrences required by Subsection (4)(b), the division shallsecure the approval of the Legislature before offering the land or water rights for sale, exchange,or long-term lease.
(d) The division shall sell or otherwise dispose of the land or water rights as directed bythe governor.
(e) The division may not sell, exchange, or enter into a long-term lease of the land orwater rights for a price or estimated value below the average of two appraisals conducted by anappraiser who holds an appraiser's certificate or license issued by the Division of Real Estateunder Title 61, Chapter 2b, Real Estate Appraiser Licensing and Certification Act.
Amended by Chapter 278, 2010 General Session