Utah 2025 Regular Session

Utah House Bill HB0286 Compare Versions

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

Old	New	Differences
1	1	01-21 09:00 H.B. 286
2	2	1
3	3	Olene Walker Housing Loan Fund Amendments
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Carol S. Moss
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8	8
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10	10	LONG TITLE
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12	12	General Description:
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14	14	This bill modifies provisions related to the Olene Walker Housing Loan Fund within the
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16	16	Department of Workforce Services.
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18	18	Highlighted Provisions:
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20	20	This bill:
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22	22	▸ requires the Division of Finance to annually transfer a certain amount of state liquor sale
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24	24	revenues from the Liquor Control Fund to the Olene Walker Housing Loan Fund (fund);
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26	26	▸ requires the executive director of the Department of Workforce Services to distribute the
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28	28	transferred portion of the fund for certain purposes; and
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30	30	▸ makes technical and conforming changes.
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32	32	Money Appropriated in this Bill:
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34	34	None
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36	36	Other Special Clauses:
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38	38	This bill provides a special effective date.
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40	40	Utah Code Sections Affected:
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42	42	AMENDS:
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44	44	32B-2-301, as last amended by Laws of Utah 2022, Chapter 447
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46	46	35A-8-502, as renumbered and amended by Laws of Utah 2012, Chapter 212
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48	48	35A-8-504, as last amended by Laws of Utah 2024, Chapter 413
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50	50
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52	52	Be it enacted by the Legislature of the state of Utah:
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54	54	Section 1. Section 32B-2-301 is amended to read:
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56	56	32B-2-301 . State property -- Liquor Control Fund -- Money to be retained by
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58	58	department -- Department building process.
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60	60	(1) As used in this section, "base budget" means the same as that term is defined in
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62	62	legislative rule.
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64	64	(2) The following are property of the state:
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66	66	(a) the money received in the administration of this title, except as otherwise provided; H.B. 286 01-21 09:00
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68	68	and
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70	70	(b) property acquired, administered, possessed, or received by the department.
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72	72	(3)(a) There is created an enterprise fund known as the "Liquor Control Fund."
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74	74	(b) Except as provided in Sections 32B-2-304, 32B-2-305, and 32B-2-306, the
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76	76	department shall deposit the following into the Liquor Control Fund:
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78	78	(i) money received in the administration of this title; and
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80	80	(ii) money received from the markup described in Section 32B-2-304.
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82	82	(c) The department may draw from the Liquor Control Fund only to the extent
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84	84	appropriated by the Legislature or provided by statute.
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86	86	(d) The net position of the Liquor Control Fund may not fall below zero.
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88	88	(4)(a) Notwithstanding Subsection (3)(c), the department may draw by warrant from the
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90	90	Liquor Control Fund without an appropriation for an expenditure that is directly
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92	92	incurred by the department:
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94	94	(i) to purchase an alcoholic product;
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96	96	(ii) to transport an alcoholic product from the supplier to a warehouse of the
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98	98	department; or
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100	100	(iii) for variances related to an alcoholic product, including breakage or theft.
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102	102	(b) If the balance of the Liquor Control Fund is not adequate to cover a warrant that the
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104	104	department draws against the Liquor Control Fund, to the extent necessary to cover
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106	106	the warrant, the cash resources of the General Fund may be used.
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108	108	(5) The department's base budget shall include as an appropriation from the Liquor Control
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110	110	Fund:
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112	112	(a) credit card related fees paid by the department;
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114	114	(b) package agency compensation;
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116	116	(c) the department's costs of shipping and warehousing alcoholic products; and
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118	118	(d) the amount needed, as the Division of Human Resource Management determines, to
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120	120	make the median department salary in the previous fiscal year equal the median
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122	122	market salary in the previous fiscal year for the following positions:
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124	124	(i) state store manager or equivalent;
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126	126	(ii) state store assistant manager or equivalent;
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128	128	(iii) full-time sales clerk at a state store or equivalent;
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130	130	(iv) part-time sales clerk at a state store or equivalent;
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132	132	(v) department warehouse manager or equivalent;
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134	134	(vi) department warehouse assistant manager or equivalent;
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137	137	(vii) full-time department warehouse worker or equivalent; and
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139	139	(viii) part-time department warehouse worker or equivalent.
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141	141	(6)(a) [The ] Except as provided in Subsections (8) and (9), the Division of Finance shall
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143	143	transfer annually from the Liquor Control Fund to the General Fund a sum equal to
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145	145	the amount of net profit earned from the sale of liquor since the preceding transfer of
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147	147	money under this Subsection (6).
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149	149	(b) After each fiscal year, the Division of Finance shall calculate the amount for the
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151	151	transfer on or before September 1 and the Division of Finance shall make the transfer
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153	153	on or before September 30.
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155	155	(c) The Division of Finance may make year-end closing entries in the Liquor Control
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157	157	Fund to comply with Subsection 51-5-6(2).
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159	159	(7)(a) By the end of each day, the department shall:
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161	161	(i) make a deposit to a qualified depository, as defined in Section 51-7-3; and
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163	163	(ii) report the deposit to the state treasurer.
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165	165	(b) A commissioner or department employee is not personally liable for a loss caused by
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167	167	the default or failure of a qualified depository.
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169	169	(c) Money deposited in a qualified depository is entitled to the same priority of payment
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171	171	as other public funds of the state.
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173	173	(8) Before the Division of Finance makes the transfer described in Subsection (6), the
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175	175	department may retain each fiscal year from the Liquor Control Fund $1,000,000 that
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177	177	the department may use for:
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179	179	(a) capital equipment purchases;
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181	181	(b) salary increases for department employees;
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183	183	(c) performance awards for department employees; or
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185	185	(d) information technology enhancements because of changes or trends in technology.
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187	187	(9) Before the Division of Finance makes the transfer described in Subsection (6), the
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189	189	Division of Finance shall transfer annually from the Liquor Control Fund to the Olene
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191	191	Walker Housing Loan Fund created in Section 35A-8-502 an amount equal to 25% of
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193	193	the net sales tax profits earned on the sale of liquor since the preceding transfer of
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195	195	money under Subsection (6).
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197	197	Section 2. Section 35A-8-502 is amended to read:
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199	199	35A-8-502 . Creation and administration.
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201	201	(1)(a) There is created an enterprise fund known as the Olene Walker Housing Loan
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203	203	Fund, administered by the executive director or the executive director's designee.
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206	206	(b) The department is the administrator of the fund.
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208	208	(2) There shall be deposited into the fund:
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210	210	(a) grants, paybacks, bonuses, entitlements, and other money received by the department
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212	212	from the federal government to preserve, rehabilitate, build, restore, or renew housing
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214	214	or for other activities authorized by the fund;
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216	216	(b) money transferred from the Liquor Control Fund to the fund by the Division of
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218	218	Finance in accordance with Section 32B-2-301;
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220	220	[(b)] (c) transfers, grants, gifts, bequests, and money made available from any source to
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222	222	implement this part; and
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224	224	[(c)] (d) money appropriated to the fund by the Legislature.
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226	226	(3) The money in the fund shall be invested by the state treasurer according to the
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228	228	procedures and requirements of Title 51, Chapter 7, State Money Management Act,
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230	230	except that all interest or other earnings derived from money in the fund shall be
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232	232	deposited in the fund.
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234	234	Section 3. Section 35A-8-504 is amended to read:
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236	236	35A-8-504 . Distribution of fund money.
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238	238	(1) As used in this section:
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240	240	(a) "Community" means the same as that term is defined in Section 17C-1-102.
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242	242	(b) "Income targeted housing" means the same as that term is defined in Section
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244	244	17C-1-102.
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246	246	(2) The executive director shall:
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248	248	(a) make grants and loans from the fund for any of the activities authorized by Section
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250	250	35A-8-505, as directed by the board;
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252	252	(b) establish the criteria with the approval of the board by which loans and grants will be
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254	254	made; and
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256	256	(c) determine with the approval of the board the order in which projects will be funded.
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258	258	(3) The executive director shall distribute, as directed by the board, any federal money
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260	260	contained in the fund according to the procedures, conditions, and restrictions placed
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262	262	upon the use of the money by the federal government.
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264	264	(4) The executive director shall distribute, as directed by the board, any funds received
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266	266	under Section 17C-1-412 to pay the costs of providing income targeted housing within
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268	268	the community that created the community reinvestment agency under Title 17C,
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270	270	Limited Purpose Local Government Entities - Community Reinvestment Agency Act.
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272	272	(5)(a) Except for federal money, money transferred into the fund under Section
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275	275	35A-8-502 as provided in Subsection (5)(b), money received under Section
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277	277	17C-1-412, and money appropriated for use in accordance with Section 35A-8-2105,
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279	279	the executive director shall distribute, as directed by the board, money in the fund
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281	281	according to the following requirements:
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283	283	[(a)] (i) the executive director shall distribute at least 70% of the money in the fund to
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285	285	benefit [persons] individuals whose annual income is at or below 50% of the
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287	287	median family income for the state;
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289	289	[(b)] (ii) the executive director may use up to 6% of the revenues of the fund,
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291	291	including any appropriation to the fund, to offset department or board
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293	293	administrative expenses;
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295	295	[(c)] (iii) the executive director shall distribute any remaining money in the fund to
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297	297	benefit [persons] individuals whose annual income is at or below 80% of the
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299	299	median family income for the state; and
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301	301	[(d)] (iv) if the executive director or the executive director's designee makes a loan in
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303	303	accordance with this section, the interest rate of the loan shall be based on the
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305	305	borrower's ability to pay.
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307	307	(b) For money transferred into the fund under Section 32B-2-301, the executive director,
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309	309	as directed by the board, shall distribute the percentage of transferred funds as
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311	311	follows:
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313	313	(i) 40% of the money transferred into the fund to benefit individuals purchasing
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315	315	single-family, owner-occupied affordable housing that is:
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317	317	(A) restricted to households whose income is no less than 30% and no more than
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319	319	60% of the area median income; and
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321	321	(B) deed restricted for no less than 10 years to ensure the property remains
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323	323	owner-occupied and affordable to households as described in Subsection
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325	325	(5)(b)(i)(A); and
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327	327	(ii) 60% of the money transferred into the fund to benefit persons purchasing,
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329	329	developing, or rehabilitating multi-family affordable housing that is:
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331	331	(A) restricted to households whose income is no more than 40% of the area
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333	333	median income; and
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335	335	(B) deed restricted for no less than 50 years to ensure the property remains
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337	337	affordable to households as described in Subsection (5)(b)(ii)(A).
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339	339	(6) The executive director may, with the approval of the board:
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341	341	(a) enact rules to establish procedures for the grant and loan process by following the
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344	344	procedures and requirements of Title 63G, Chapter 3, Utah Administrative
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346	346	Rulemaking Act; and
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348	348	(b) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the
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350	350	servicing of loans made by the fund.
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352	352	Section 4. Effective Date.
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354	354	This bill takes effect on July 1, 2025.
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