Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 10 (2025GS)

Sponsor

Rep. Peterson, Val L.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the amount that the Division of Finance annually transfers from the Liquor Control Fund to the General Fund;
• changes the Opioid Litigation Proceeds Restricted Account from a restricted account to a permanent fund called the Opioid Litigation Proceeds Fund;
• provides for the investment of the Opioid Litigation Proceeds Fund's principal;
• authorizes spending from the Opioid Litigation Proceeds Fund only from earnings derived from the fund's principal and for specified purposes;
• establishes the State Treasurer Investment Management Account and provides for the account's uses and funding; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

25
26B-5-211
32B-2-301
51-7-2
51-9-801
67-4-20
26B-5-211
32B-2-301
51-7-2
51-9-801
67-4-20
0
Fund and Account Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: Jerry W. Stevenson
LONG TITLE
General Description:
This bill modifies provisions related to state funds. 
Highlighted Provisions:
This bill:
modifies the amount that the Division of Finance annually transfers from the Liquor 
Control Fund to the General Fund;
changes the Opioid Litigation Proceeds Restricted Account from a restricted account to a 
permanent fund called the Opioid Litigation Proceeds Fund;
provides for the investment of the Opioid Litigation Proceeds Fund's principal;
authorizes spending from the Opioid Litigation Proceeds Fund only from earnings 
derived from the fund's principal and for specified purposes;
establishes the State Treasurer Investment Management Account and provides for the 
account's uses and funding; and
makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26B-5-211
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2024, Chapter 271
32B-2-301
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2022, Chapter 447
51-7-2
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2024, Chapters 418, 492 
and 510
51-9-801
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2023, Chapter 319
ENACTS:
67-4-20
, 
Effective 
07/01/25
 Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-5-211
 is amended to read:
26B-5-211
Effective 
07/01/25
. Administration of opioid litigation proceeds -- 
Requirements for governmental entities receiving opioid funds -- Reporting.
(1)
As used in this section:
(a)
"Fund" means the Opioid Litigation Proceeds Fund created in Section 
51-9-801
.
(b)
"Office" means the Office of Substance Use and Mental Health within the 
department.
(b)
(c)
"Opioid funds" means money received by the state or a political subdivision of 
the state as a result of any judgment, settlement, or compromise of claims pertaining 
to alleged violations of law related to the manufacture, marketing, distribution, or 
sale of opioids.
(c)
"Restricted account" means the Opioid Litigation Proceeds Restricted Account 
created in Section 
51-9-801
.
(2)
Opioid funds may not be used to:
(a)
reimburse expenditures that were incurred before the opioid funds were received by 
the governmental entity; or
(b)
supplant or take the place of any funds that would otherwise have been expended for 
that purpose.
(3)
The office shall serve as the reporting entity to receive, compile, and submit any reports 
related to opioid funds that are required by law, contract, or other agreement.
(4)
The requirement described in Subsection (5) applies to:
(a)
a recipient of opioid funds from the 
restricted account
fund
, in any year that opioid 
funds are received; and
(b)
a political subdivision that received opioid funds.
(5)
A person described in Subsection (4) shall provide an annual report to the office, in a 
form and by a date established by the office, that includes:
(a)
an accounting of all opioid funds that were received by the person in the year;
(b)
the number of individuals served through programs funded by the opioid funds, 
including the individuals' age, gender, and other demographic factors reported in a 
de-identified manner;
(c)
the measures that were used to determine whether the program funded by the opioid 
funds achieved the intended outcomes; 
(d)
if applicable, any information required to be submitted to the reporting entity under 
applicable law, contract, or other agreement; and
(e)
the percentage of total funds received by the person in the year that the person used 
to promote the items under Subsections (6)(d)(i) through (vi).
(6)
On or before October 1 of each year, the office shall provide a written report that 
includes:
(a)
the opening and closing balance of the 
restricted account
fund
 for the previous fiscal 
year;
(b)
the name of and amount received by each recipient of funds from the 
restricted 
account
fund
;
(c)
a description of the intended use of each award, including the specific program, 
service, or resource funded, population served, and measures that the recipient used 
or will use to assess the impact of the award;
(d)
the amount of funds expended to address each of the following items and the degree 
to which the department administered the program or subcontracted with a private 
entity:
(i)
treatment services;
(ii)
recovery support services;
(iii)
prevention;
(iv)
criminal justice;
(v)
harm reduction; and
(vi)
expanding any of the following services:
(A)
housing;
(B)
legal support;
(C)
education; and
(D)
job training;
(e)
a description of any finding or concern as to whether all opioid funds disbursed from 
the 
restricted account
fund
 violated the prohibitions in Subsection (2) and, if 
applicable, complied with the requirements of a settlement agreement; 
(f)
the performance indicators and progress toward improving outcomes and reducing 
mortality and other harms related to substance use disorders; and
(g)
administrative costs including indirect rates and direct service costs.
(7)
The office shall provide the information that is received, compiled, and submitted under 
this section:
(a)
to the Health and Human Services Interim Committee;
(b)
to the Social Services Appropriations Subcommittee;
(c)
if required under the terms of a settlement agreement under which opioid funds are 
received, to the administrator of the settlement agreement in accordance with the 
terms of the settlement agreement; and
(d)
in a publicly accessible location on the department's website.
(8)
The office may make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to implement this section.
Section 2, Section 
32B-2-301
 is amended to read:
32B-2-301
Effective 
05/07/25
. State property -- Liquor Control Fund -- Money 
to be retained by department -- Department building process.
(1)
As used in this section, "base budget" means the same as that term is defined in 
legislative rule.
(2)
The following are property of the state:
(a)
the money received in the administration of this title, except as otherwise provided; 
and
(b)
property acquired, administered, possessed, or received by the department.
(3)
(a)
There is created an enterprise fund known as the "Liquor Control Fund."
(b)
Except as provided in Sections 
32B-2-304
, 
32B-2-305
, and 
32B-2-306
, the 
department shall deposit the following into the Liquor Control Fund:
(i)
money received in the administration of this title; and
(ii)
money received from the markup described in Section 
32B-2-304
.
(c)
The department may draw from the Liquor Control Fund only to the extent 
appropriated by the Legislature or provided by statute.
(d)
The net position of the Liquor Control Fund may not fall below zero.
(4)
(a)
Notwithstanding Subsection 
(3)(c)
, the department may draw by warrant from the 
Liquor Control Fund without an appropriation for an expenditure that is directly 
incurred by the department:
(i)
to purchase an alcoholic product;
(ii)
to transport an alcoholic product from the supplier to a warehouse of the 
department; or
(iii)
for variances related to an alcoholic product, including breakage or theft.
(b)
If the balance of the Liquor Control Fund is not adequate to cover a warrant that the 
department draws against the Liquor Control Fund, to the extent necessary to cover 
the warrant, the cash resources of the General Fund may be used.
(5)
The department's base budget shall include as an appropriation from the Liquor Control 
Fund:
(a)
credit card related fees paid by the department;
(b)
package agency compensation;
(c)
the department's costs of shipping and warehousing alcoholic products; and
(d)
the amount needed, as the Division of Human Resource Management determines, to 
make the median department salary in the previous fiscal year equal the median 
market salary in the previous fiscal year for the following positions:
(i)
state store manager or equivalent;
(ii)
state store assistant manager or equivalent;
(iii)
full-time sales clerk at a state store or equivalent;
(iv)
part-time sales clerk at a state store or equivalent;
(v)
department warehouse manager or equivalent;
(vi)
department warehouse assistant manager or equivalent;
(vii)
full-time department warehouse worker or equivalent; and
(viii)
part-time department warehouse worker or equivalent.
(6)
(a)
The Division of Finance shall transfer annually from the Liquor Control Fund to 
the General Fund a sum equal to the amount of net profit earned from the sale of 
liquor since the preceding transfer of money under this Subsection 
(6)
, adjusted for 
amounts needed for cash operations
.
(b)
After each fiscal year, the Division of Finance shall 
calculate the amount for the 
transfer on or before September 1 and the Division of Finance shall make the transfer
transfer the amount calculated under Subsection (6)(a)
 on or before September 30.
(c)
The Division of Finance may make year-end closing entries in the Liquor Control 
Fund to comply with Subsection 
51-5-6(2)
.
(7)
(a)
By the end of each day, the department shall:
(i)
make a deposit to a qualified depository, as defined in Section 
51-7-3
; and
(ii)
report the deposit to the state treasurer.
(b)
A commissioner or department employee is not personally liable for a loss caused by 
the default or failure of a qualified depository.
(c)
Money deposited in a qualified depository is entitled to the same priority of payment 
as other public funds of the state.
(8)
Before the Division of Finance makes the transfer described in Subsection 
(6)
, the 
department may retain each fiscal year from the Liquor Control Fund $1,000,000 that 
the department may use for:
(a)
capital equipment purchases;
(b)
salary increases for department employees;
(c)
performance awards for department employees; or
(d)
information technology enhancements because of changes or trends in technology.
Section 3, Section 
51-7-2
 is amended to read:
51-7-2
Effective 
07/01/25
. Exemptions from chapter.
(1)
Except as provided in Subsection (2), the following funds are exempt from this chapter:
(a)
funds invested in accordance with the participating employees' designation or 
direction pursuant to a public employees' deferred compensation plan established and 
operated in compliance with Section 457 of the Internal Revenue Code of 1986, as 
amended;
(b)
funds of the Utah State Retirement Board;
(c)
funds of the Utah Housing Corporation;
(d)
endowment funds of higher education institutions, including funds of the Higher 
Education Student Success Endowment, created in Section 
53B-7-802
;
(e)
permanent and other land grant trust funds established pursuant to the Utah Enabling 
Act and the Utah Constitution;
(f)
the State Post-Retirement Benefits Trust Fund;
(g)
the funds of the Utah Educational Savings Plan;
(h)
funds of the permanent state trust fund created by and operated under Utah 
Constitution, Article XXII, Section 4;
(i)
the funds in the Navajo Trust Fund;
(j)
the funds in the Radioactive Waste Perpetual Care and Maintenance Account;
(k)
the funds in the Employers' Reinsurance Fund;
(l)
the funds in the Uninsured Employers' Fund;
(m)
the Utah State Developmental Center Long-Term Sustainability Fund, created in 
Section 
26B-1-331
;
(n)
the funds in the Risk Management Fund created in Section 
63A-4-201
;
(o)
the Utah fund of funds created in Section 
63N-6-401
;
(p)
the funds deposited into the Utah Homes Investment Program from the 
Transportation Infrastructure General Fund Support Subfund created in Section 
72-2-134
;
 and
(q)
subject to Subsection 
67-4-19(2)
, the portion of the funds in the following accounts 
invested by the state treasurer in precious metals:
(i)
the State Disaster Recovery Restricted Account, created in Section 
53-2a-603
;
(ii)
the General Fund Budget Reserve Account, created in Section 
63J-1-312
;
(iii)
the Income Tax Fund Budget Reserve Account, created in Section 
63J-1-313
; and
(iv)
the Medicaid Growth Reduction and Budget Stabilization Account, created in 
Section 
63J-1-315
.
63J-1-315
; and
(r)
the funds in the Opioid Litigation Proceeds Fund, created in Section 
51-9-801
.
(2)
Except for the funds of the Utah State Retirement Board and the Utah Educational 
Savings Plan, the funds described in Subsection (1) are not exempt from Subsections 
51-7-14
(2) and (3).
(3)
Notwithstanding Title 52, Chapter 4, Open and Public Meetings Act, a public body that 
administers a fund described in Subsection (1) may hold a closed meeting to discuss the 
sale or purchase of identifiable securities, investment funds, or investment contracts.
(4)
A paper, electronic, or other depiction or record of information relating to investment 
activities of a fund described in Subsection (1) is not subject to Title 63G, Chapter 2, 
Government Records Access and Management Act.
Section 4, Section 
51-9-801
 is amended to read:
8. Opioid Litigation Proceeds Fund
51-9-801
Effective 
07/01/25
. Opioid Litigation Proceeds Fund.
(1)
As used in this section:
(a)
"Fund" means the Opioid Litigation Proceeds Fund created in this section.
(b)
(i)
"Principal" means money deposited into the fund in accordance with this 
section.
(ii)
"Principal" does not include:
(A)
earnings credited to the fund, including interest and dividends; or
(B)
up to $21 million of money described in Subsection 
(4)
 that the Legislature 
allocated through July 1, 2026, to be spent for various purposes through June 
30, 2027.
(2)
There is created 
within the General Fund a restricted account known as 
the Opioid 
Litigation Proceeds 
Restricted Account
Fund
.
(2)
(3)
The 
account
fund
 consists of:
(a)
any money deposited into the 
account
fund
 in accordance with Subsection 
(3)
(4)
;
(b)
interest
 and dividends
 earned on money in the 
account
fund
; and
(c)
money appropriated to the 
account
fund
 by the Legislature.
(3)
(4)
Notwithstanding Sections 
13-2-8
 and 
76-10-3114
, after reimbursement to the 
attorney general and the Department of Commerce for expenses related to the matters 
described in Subsection 
(3)(a)
 or 
(b)
(4)(a) or (b)
, the following shall be deposited into 
the 
account
fund
:
(a)
all money received by the attorney general or the Department of Commerce as a 
result of any judgment, settlement, or compromise of claims pertaining to alleged 
violations of law related to the manufacture, marketing, distribution, or sale of 
opioids from a case designated as an opioid case by the attorney general in a legal 
services contract; and
(b)
all money received by the attorney general or the Department of Commerce as a 
result of any multistate judgment, settlement, or compromise of claims pertaining to 
alleged violations of law related to the manufacture, marketing, distribution, or sale 
of opioids.
(5)
The state treasurer shall:
(a)
invest the money in the fund:
(i)
for the benefit of the people of the state in perpetuity; and
(ii)
with the following goals, in order of priority:
(A)
providing for growth of the principal; and
(B)
fund stability; and
(b)
invest and manage fund money as a prudent investor would by:
(i)
considering the purpose, terms, distribution requirements, and other circumstances 
of the fund; and
(ii)
exercising reasonable care, skill, and caution in order to meet the standard of care 
of a prudent investor.
(6)
The state treasurer may deduct any administrative costs incurred by managing the fund 
from earnings generated by investments in the fund.
(4)
(7)
(a)
The Legislature may not appropriate principal from the fund.
(b)
Subject to appropriation by the Legislature, money in the account
 other than principal
shall be used:
(a)
(i)
to address the effects of alleged violations of law related to the manufacture, 
marketing, distribution, or sale of opioids; or
(b)
(ii)
if applicable, in accordance with the terms of a settlement agreement 
described in Subsection 
(3)(a)
 or 
(b)
(4)(a) or (b)
 entered into by the state.
Section 5, Section 
67-4-20
 is enacted to read:
67-4-20
Effective 
07/01/25
. State Treasurer Investment Management Account.
(1)
As used in this section, "account" means the State Treasurer Investment Management 
Account created in this section.
(2)
There is created within the General Fund a restricted account known as the State 
Treasurer Investment Management Account.
(3)
Money in the account is solely to pay for the state treasurer's costs of managing the 
state's and local governments' investments.
(4)
(a)
Subject to Subsection (4)(b), the account shall consist of a portion of investment 
earnings on:
(i)
the funds listed in Subsection 
51-7-2(1)
 and managed by the state treasurer; and
(ii)
the Public Treasurers' Investment Fund created in Section 
51-7-3
.
(b)
The total annual amount deposited into the account for a given fiscal year may not 
exceed the amount appropriated from the account for that fiscal year.
(5)
The state treasurer shall deposit investment earnings into the account quarterly, based 
on the annually appropriated amount described in Subsection 
(4)(b)
.
(6)
Appropriations from the account reduce General Fund revenue and Income Tax Fund 
revenue proportional to those funds' share of total investments.
(7)
Beginning in 2026, after July 1 and before December 1 each calendar year, the state 
treasurer shall report to the Executive Appropriations Committee the portion of the 
deposits into the account during the previous fiscal year that was General Fund revenue 
and the portion that was Income Tax Fund revenue.
(8)
The Division of Finance shall lapse any balances in the account at the close of a fiscal 
year to the General Fund and Income Tax Fund proportional to those funds' share of 
total deposits.
Section 6. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect July 1, 2025.
(2)
The actions affecting Section 
32B-2-301
 (Effective 05/07/25) take effect on May 7, 
2025.
3-7-25 10:12 AM