Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 505 Third Substitute (2024GS)

Sponsor

Rep. Briscoe, J.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Property Loss Related to Homelessness Compensation Fund;
• describes acceptable uses of the Property Loss Related to Homelessness Compensation Fund;
• creates the Property Loss Related to Homelessness Advisory Committee; and
• describes the duties of the Property Loss Related to Homelessness Advisory Committee.

Every vote on this bill

Bill text

PROPERTY LOSS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel K. Briscoe
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill creates the Property Loss Related to Homelessness Compensation Fund.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Property Loss Related to Homelessness Compensation Fund;
▸ describes acceptable uses of the Property Loss Related to Homelessness
Compensation Fund;
▸ creates the Property Loss Related to Homelessness Advisory Committee; and
▸ describes the duties of the Property Loss Related to Homelessness Advisory
Committee.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
26B-1-336
, Utah Code Annotated 1953
26B-1-436
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-1-336
 is enacted to read:
 26B-1-336.
Property Loss Related to Homelessness Compensation Fund.
(1) As used in this section:
(a) "Encampment" means a location where one or more homeless individuals live in an
unsheltered area for a period of at least seven consecutive days.
(b) "Homelessness services facility" includes:
(i) a homeless shelter, including an emergency shelter;
(ii) a homeless resource center;
(iii) a daytime resource center; and
(iv) transitional housing or permanent supportive housing.
(c) "Property loss" means:
(i) a quantifiable reduction in real property value;
(ii) a quantifiable reduction in business activity;
(iii) documented damage to property; or
(iv) documented cost of cleaning, sanitizing, repairing, or restoring real property.
(2) There is created an expendable special revenue fund known as the "Property Loss
Related to Homelessness Compensation Fund."
(3) The fund shall consist of:
(a) gifts, grants, donations, loan repayments, or any other conveyance of money that
may be made to the fund from private sources; and
(b) additional amounts as appropriated by the Legislature.
(4) The fund shall be administered by the executive director.
(5) Fund money may be used to:
(a) compensate an individual who:
(i) lives within 1/6 of a mile from a homelessness services facility or encampment; and
(ii) experiences property loss as a direct result of the presence of the homelessness
service or encampment;
(b) compensate a business that:
(i) is located within 1/6 of a mile of a homelessness services facility or encampment;
and
(ii) experiences property loss as a direct result of the presence of the homelessness
services facility or encampment; or
(c) provide a no-interest loan to a business that:
(i) meets the requirements of Subsection (5)(b); and
(ii) enters into an agreement with the department to:
(A) use loaned funds only to repair or mitigate property loss as a direct result of the
presence of the homelessness services facility or encampment; and
(B) repay the loan within one year of the day on which the loan is made.
(6) Not less that 50% of the fund shall be used each fiscal year to directly assist
individuals and businesses who meet the qualifications described in Subsection (5).
(7) An individual who receives compensation from the fund shall:
(a) be a resident of Utah; and
(b) have a need that can be met within the requirements of this section.
(8) A business that receives compensation or a loan from the fund shall be in good
standing with the State Tax Commission and Department of Commerce.
(9) The fund may not duplicate any services or support mechanisms being provided to
an individual by any other government or private agency.
(10) All actual and necessary operating expenses for the Property Loss Related to
Homelessness Advisory Committee created in Section 
26B-1-436
 and staff shall be paid by the
fund.
Section 2. Section 
26B-1-436
 is enacted to read:
 26B-1-436.
Property Loss Related to Homelessness Advisory Committee.
(1) As used in this section:
(a) "Encampment" means the same as that term is defined in Section 
26B-1-336
.
(b) "Homelessness services facility" means the same as that term is defined in Section
26B-1-336
.
(c) "Property loss" means the same as that term is defined in Section 
26B-1-336
.
(2) On or after July 1 of each year, the executive director may create a Property Loss
Related to Homelessness Advisory Committee of not more than nine members.
(3) The committee shall be composed of members of the community, including:
(a) persons who operate a business in proximity with a homelessness services facility
or encampment;
(b) representatives of an association which advocates for people experiencing
homelessness;
(c) individuals with experience in quantifying and evaluating property loss; and
(d) department representatives.
(4) The department shall provide staff support to the committee.
(5) (a) If a vacancy occurs in the committee membership for any reason, a replacement
may be appointed for the unexpired term.
(b) The committee shall elect a chairperson from the membership.
(c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
exists, the action of the majority of members present shall be the action of the committee.
(d) The committee may adopt bylaws governing the committee's activities.
(e) A committee member may be removed by the executive director:
(i) if the member is unable or unwilling to carry out the member's assigned
responsibilities; or
(ii) for good cause.
(6) The committee shall:
(a) recommend criteria for disbursements and loans from the Property Loss Related to
Homelessness Compensation Fund, including criteria for prioritizing disbursements in the
event of limited funds, to the executive director; and
(b) review disbursements and loans from the Property Loss Related to Homelessness
Compensation Fund.
(7) The committee shall comply with the procedures and requirements of:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(8) A member may not receive compensation or benefits for the member's service, but,
at the executive director's discretion, may receive per diem and travel expenses in accordance
with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) Beginning in 2025, the committee shall provide an annual written report
summarizing the activities of the committee to the executive director by November 30.
(10) The committee shall cease to exist on December 31 of each year, unless the
executive director determines it necessary to continue.
Section 3. 
Effective date.
This bill takes effect on July 1, 2024.