Utah 2023 Regular Session

Utah House Bill HB0566 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 566
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: G. Harb 6
4	4	6 02-27-23 8:05 AM 6
5	5	H.B. 566
6	6	1 OLENE WALKER HOUSING LOAN FUND AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Carol S. Moss
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill modifies provisions relating to the Olene Walker Housing Loan Fund within
15	15	10the Department of Workforce Services.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <requires the Division of Finance to annually transfer a certain amount of state liquor
19	19	14sale revenues to the Olene Walker Housing Loan Fund; and
20	20	15 <makes technical corrections.
21	21	16Money Appropriated in this Bill:
22	22	17 None
23	23	18Other Special Clauses:
24	24	19 None
25	25	20Utah Code Sections Affected:
26	26	21AMENDS:
27	27	22 32B-2-301, as last amended by Laws of Utah 2022, Chapter 447
28	28	23 35A-8-502, as renumbered and amended by Laws of Utah 2012, Chapter 212
29	29	24
30	30	25Be it enacted by the Legislature of the state of Utah:
31	31	26 Section 1. Section 32B-2-301 is amended to read:
32	32	27 32B-2-301. State property -- Liquor Control Fund -- Money to be retained by
33	33	HB0566 H.B. 566 02-27-23 8:05 AM
34	34	- 2 -
35	35	28department -- Department building process.
36	36	29 (1) As used in this section, "base budget" means the same as that term is defined in
37	37	30legislative rule.
38	38	31 (2) The following are property of the state:
39	39	32 (a) the money received in the administration of this title, except as otherwise provided;
40	40	33and
41	41	34 (b) property acquired, administered, possessed, or received by the department.
42	42	35 (3) (a) There is created an enterprise fund known as the "Liquor Control Fund."
43	43	36 (b) Except as provided in Sections 32B-2-304, 32B-2-305, and 32B-2-306, the
44	44	37department shall deposit the following into the Liquor Control Fund:
45	45	38 (i) money received in the administration of this title; and
46	46	39 (ii) money received from the markup described in Section 32B-2-304.
47	47	40 (c) The department may draw from the Liquor Control Fund only to the extent
48	48	41appropriated by the Legislature or provided by statute.
49	49	42 (d) The net position of the Liquor Control Fund may not fall below zero.
50	50	43 (4) (a) Notwithstanding Subsection (3)(c), the department may draw by warrant from
51	51	44the Liquor Control Fund without an appropriation for an expenditure that is directly incurred by
52	52	45the department:
53	53	46 (i) to purchase an alcoholic product;
54	54	47 (ii) to transport an alcoholic product from the supplier to a warehouse of the
55	55	48department; or
56	56	49 (iii) for variances related to an alcoholic product, including breakage or theft.
57	57	50 (b) If the balance of the Liquor Control Fund is not adequate to cover a warrant that the
58	58	51department draws against the Liquor Control Fund, to the extent necessary to cover the
59	59	52warrant, the cash resources of the General Fund may be used.
60	60	53 (5) The department's base budget shall include as an appropriation from the Liquor
61	61	54Control Fund:
62	62	55 (a) credit card related fees paid by the department;
63	63	56 (b) package agency compensation;
64	64	57 (c) the department's costs of shipping and warehousing alcoholic products; and
65	65	58 (d) the amount needed, as the Division of Human Resource Management determines, 02-27-23 8:05 AM H.B. 566
66	66	- 3 -
67	67	59to make the median department salary in the previous fiscal year equal the median market
68	68	60salary in the previous fiscal year for the following positions:
69	69	61 (i) state store manager or equivalent;
70	70	62 (ii) state store assistant manager or equivalent;
71	71	63 (iii) full-time sales clerk at a state store or equivalent;
72	72	64 (iv) part-time sales clerk at a state store or equivalent;
73	73	65 (v) department warehouse manager or equivalent;
74	74	66 (vi) department warehouse assistant manager or equivalent;
75	75	67 (vii) full-time department warehouse worker or equivalent; and
76	76	68 (viii) part-time department warehouse worker or equivalent.
77	77	69 (6) (a) [The] Except as provided in Subsections (8) and (9), the Division of Finance
78	78	70shall transfer annually from the Liquor Control Fund to the General Fund a sum equal to the
79	79	71amount of net profit earned from the sale of liquor since the preceding transfer of money under
80	80	72this Subsection (6).
81	81	73 (b) After each fiscal year, the Division of Finance shall calculate the amount for the
82	82	74transfer on or before September 1 and the Division of Finance shall make the transfer on or
83	83	75before September 30.
84	84	76 (c) The Division of Finance may make year-end closing entries in the Liquor Control
85	85	77Fund to comply with Subsection 51-5-6(2).
86	86	78 (7) (a) By the end of each day, the department shall:
87	87	79 (i) make a deposit to a qualified depository, as defined in Section 51-7-3; and
88	88	80 (ii) report the deposit to the state treasurer.
89	89	81 (b) A commissioner or department employee is not personally liable for a loss caused
90	90	82by the default or failure of a qualified depository.
91	91	83 (c) Money deposited in a qualified depository is entitled to the same priority of
92	92	84payment as other public funds of the state.
93	93	85 (8) Before the Division of Finance makes the transfer described in Subsection (6), the
94	94	86department may retain each fiscal year from the Liquor Control Fund $1,000,000 that the
95	95	87department may use for:
96	96	88 (a) capital equipment purchases;
97	97	89 (b) salary increases for department employees; H.B. 566 02-27-23 8:05 AM
98	98	- 4 -
99	99	90 (c) performance awards for department employees; or
100	100	91 (d) information technology enhancements because of changes or trends in technology.
101	101	92 (9) Before the Division of Finance makes the transfer described in Subsection (6), the
102	102	93Division of Finance shall transfer annually from the Liquor Control Fund to the Olene Walker
103	103	94Housing Loan Fund created in Section 35A-8-502 an amount equal to 25% of net profit earned
104	104	95from the sale of liquor since the preceding transfer of money under Subsection (6).
105	105	96 Section 2. Section 35A-8-502 is amended to read:
106	106	97 35A-8-502. Creation and administration.
107	107	98 (1) (a) There is created an enterprise fund known as the Olene Walker Housing Loan
108	108	99Fund, administered by the executive director or the executive director's designee.
109	109	100 (b) The department is the administrator of the fund.
110	110	101 (2) There shall be deposited into the fund:
111	111	102 (a) grants, paybacks, bonuses, entitlements, and other money received by the
112	112	103department from the federal government to preserve, rehabilitate, build, restore, or renew
113	113	104housing or for other activities authorized by the fund;
114	114	105 (b) transfers, grants, gifts, bequests, and money made available from any source to
115	115	106implement this part, including transfers from the Liquor Control Fund in accordance with
116	116	107Subsection 32B-2-301(9); and
117	117	108 (c) money appropriated to the fund by the Legislature.
118	118	109 (3) The money in the fund shall be invested by the state treasurer according to the
119	119	110procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
120	120	111all interest or other earnings derived from money in the fund shall be deposited in the fund.