26B-1-330.  Utah State Developmental Center Miscellaneous Donation Fund — Use.

(1)  There is created an expendable special revenue fund known as the “Utah State Developmental Center Miscellaneous Donation Fund.”

Terms Used In Utah Code 26B-1-330

  • Donor: The person who makes a gift.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  The Utah State Developmental Center Board created in Section 26B-1-429 shall deposit donations made to the Utah State Developmental Center under Section 26B-1-202 into the expendable special revenue fund described in Subsection (1).

(3)  The state treasurer shall invest the money in the fund described in Subsection (1) according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, and the revenue received from the investment shall remain with the fund described in Subsection (1).

(4) 

(a)  Except as provided in Subsection (5), the money or revenue in the fund described in Subsection (1) may not be diverted, appropriated, expended, or committed to be expended for a purpose that is not listed in this section.

(b)  Notwithstanding Section 26B-1-202, the Legislature may not appropriate money or revenue from the fund described in Subsection (1) to eliminate or otherwise reduce an operating deficit if the money or revenue appropriated from the fund is expended or committed to be expended for a purpose other than one listed in this section.

(c)  The Legislature may not amend the purposes for which money or revenue in the fund described in Subsection (1) may be expended or committed to be expended except by the affirmative vote of two-thirds of all the members elected to each house.

(5) 

(a)  The Utah State Developmental Center Board shall approve expenditures of money and revenue in the fund described in Subsection (1).

(b)  The Utah State Developmental Center Board may expend money and revenue in the fund described in Subsection (1) only:

(i)  as designated by the donor; or

(ii)  for the benefit of:

(A)  residents of the Utah State Developmental Center, established in accordance with 5; or

(B)  individuals with disabilities who receive services and support from the Utah State Developmental Center, as described in Subsection 26B-6-502(2)(b).

(c)  Money and revenue in the fund described in Subsection (1) may not be used for items normally paid for by operating revenues or for items related to personnel costs without specific legislative authorization.

Renumbered and Amended by Chapter 305, 2023 General Session