Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 121 (2025GS)

Sponsor

Sen. Plumb, Jen

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• enacts provisions related to property loss related to homelessness;
• creates the Property Loss Related to Homelessness Compensation Enterprise Fund (fund);
• describes allowable uses of the fund;
• provides that money in the fund is nonlapsing;
• provides for a sunset review by July 1, 2028.

Every vote on this bill

Bill text

17
35A-16-212
63I-1-235
63J-1-602.1
0
Property Loss Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill enacts provisions related to property loss related to homelessness.
Highlighted Provisions:
This bill:
defines terms;
enacts provisions related to property loss related to homelessness; 
creates the Property Loss Related to Homelessness Compensation Enterprise Fund (fund);
describes allowable uses of the fund;
provides that money in the fund is nonlapsing;
provides for a sunset review by July 1, 2028.
Money Appropriated in this Bill:
This bill appropriates 
$10,000
 in business-like activities for fiscal year 2026, all of which is 
from the General Fund.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-235
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63J-1-602.1
, as last amended by Laws of Utah 2024, Chapters 88, 501
ENACTS:
35A-16-212
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
35A-16-212
 is enacted to read:
35A-16-212
. Property Loss Related to Homelessness Compensation Enterprise 
Fund.
(1)
As used in this part:
(a)
"Fund" means the Property Loss Related to Homelessness Compensation Enterprise 
Fund created in Subsection (3).
(b)
"Homeless services facility" means an eligible shelter under Subsection 
35A-16-401(5)(a)
 or (5)(b).
(c)
"Property loss" means:
(i)
documented damage to or theft of personal property; or
(ii)
documented cost of cleaning, sanitizing, repairing, or restoring real property.
(2)
Documentation required for Subsection 
(1)(c)
 shall include closed insurance claim 
information with any settlement amount.
(3)
There is created an enterprise fund known as the Property Loss Related to 
Homelessness Compensation Enterprise Fund.
(4)
The fund shall consist of:
(a)
gifts, grants, donations, and 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.
(5)
The fund shall be administered by the office.
(6)
Funds may be used to:
(a)
provide a no-interest loan to a business that:
(i)
meets the requirements of Subsection (6)(b); and
(ii)
enters into an agreement with the department to:
(A)
use loan funds for documented costs for property loss or for documented costs 
to mitigate property loss as a direct result of the presence of the homeless 
services facility; and
(B)
repay the loan no later than one year from the day on which the loan is 
disbursed to the business;
(b)
except as provided in Subsection (12), compensate a business that:
(i)
is located within 1/5 of a mile of a homeless services facility; and
(ii)
experiences property loss as a direct result of the presence of the homeless 
services facility; or
(c)
compensate an individual who:
(i)
lives within 1/5 of a mile from a homeless services facility; and
(ii)
experiences property loss as a direct result of the presence of the homeless 
services facility.
(7)
An individual who receives compensation from the fund shall:
(a)
be a resident of Utah; and
(b)
have a need that meets the requirements of this section.
(8)
(a)
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.
(b)
The State Tax Commission and Department of Commerce may charge a business 
described in Subsection (8)(a) a nominal fee to obtain a certificate of good standing 
to meet the requirements under this section.
(9)
(a)
The fund may not duplicate or supplant a service or support mechanism provided 
to an individual or business by another government entity or private agency.
(b)
The fund may supplement a service or support mechanism provided to an individual 
or business by another government entity or private agency, if the service or support 
mechanism does not fully cover the cost of the individual's or business's property loss.
(10)
Administrative and operating expenses for the fund shall be paid from the fund.
(11)
The executive director may expend up to 4% of the revenues of the fund, including any 
appropriations to the fund, for administrative expenses.
(12)
A business located at parcel record number 
15-26-326-016
-0000 is not eligible to 
receive compensation for property loss as a direct result of the presence of a homeless 
services facility.
(13)
The office shall:
(a)
administer the loan program, including:
(i)
in each calendar year that money is available from the fund for distribution by the 
office, announcing, at least once in that year, a loan application period by sending 
notice to interested persons;
(ii)
accepting applications received in a timely manner;
(iii)
reviewing loan applications;
(iv)
determining eligibility in accordance with this section; and
(v)
distributing loan money to an approved loan recipient; and
(b)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
make rules to administer the program, including:
(i)
loan application requirements;
(ii)
procedures to approve a loan;
(iii)
procedures for distributing money to loan recipients;
(iv)
criteria for confirming the amount of property loss; and
(v)
criteria prioritizing disbursements in the event of limited funds.
(14)
The office may do any act necessary or convenient to the exercise of the powers 
granted by this part or reasonably implied from those granted powers, including:
(a)
service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the 
servicing of loans made by the fund;
(b)
make or execute contracts and other instruments necessary or convenient for the 
performance of the office's duties and exercise of the office's powers and functions 
under this part, including contracts or agreements for the servicing and originating of 
loans; and
(c)
selling, at a public or private sale, with public bidding, an obligation held by the fund.
(15)
Any money returned to the department under this section from a person that received a 
loan from the fund shall be deposited into the fund.
Section 2, Section 
63I-1-235
 is amended to read:
63I-1-235
. Repeal dates: Title 35A.
(1)
Subsection 
35A-1-202
(2)(d), regarding the Child Care Advisory Committee, is repealed 
July 1, 2026.
(2)
Section 
35A-3-205
, Creation of committee, is repealed July 1, 2026.
(3)
Subsection 
35A-4-502
(5), regarding the Employment Advisory Council, is repealed 
July 1, 2029.
(4)
Title 35A, Chapter 9, Part 6, Education Savings Incentive Program, is repealed July 1, 
2028.
(5)
Section 
35A-13-303
, State Rehabilitation Advisory Council, is repealed July 1, 2034.
(6)
Section 
35A-16-206
, Utah Homeless Network Steering Committee, is repealed July 1, 
2027.
(7)
Section 
35A-16-207
, Duties of the steering committee, is repealed July 1, 2027.
(8)
Section 
35A-16-212
, Property Loss Related to Homelessness Compensation Enterprise 
Fund, is repealed July 1, 2028.
Section 3, Section 
63J-1-602.1
 is amended to read:
63J-1-602.1
. List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1)
The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(2)
Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as 
provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
(3)
Funds collected for directing and administering the C-PACE district created in Section 
11-42a-106
.
(4)
Money received by the Utah Inland Port Authority, as provided in Section 
11-58-105
.
(5)
The Commerce Electronic Payment Fee Restricted Account created in Section 
13-1-17
.
(6)
The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section 
19-2a-106
.
(7)
The Division of Water Quality Oil, Gas, and Mining Restricted Account created in 
Section 
19-5-126
.
(8)
State funds for matching federal funds in the Children's Health Insurance Program as 
provided in Section 
26B-3-906
.
(9)
Funds collected from the program fund for local health department expenses incurred in 
responding to a local health emergency under Section 
26B-7-111
.
(10)
The Technology Development Restricted Account created in Section 
31A-3-104
.
(11)
The Criminal Background Check Restricted Account created in Section 
31A-3-105
.
(12)
The Captive Insurance Restricted Account created in Section 
31A-3-304
, except to the 
extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(13)
The Title Licensee Enforcement Restricted Account created in Section 
31A-23a-415
.
(14)
The Health Insurance Actuarial Review Restricted Account created in Section 
31A-30-115
.
(15)
The State Mandated Insurer Payments Restricted Account created in Section 
31A-30-118
.
(16)
The Insurance Fraud Investigation Restricted Account created in Section 
31A-31-108
.
(17)
The Underage Drinking Prevention Media and Education Campaign Restricted 
Account created in Section 
32B-2-306
.
(18)
The Drinking While Pregnant Prevention Media and Education Campaign Restricted 
Account created in Section 
32B-2-308
.
(19)
The School Readiness Restricted Account created in Section 
35A-15-203
.
(20)
Money received by the Utah State Office of Rehabilitation for the sale of certain 
products or services, as provided in Section 
35A-13-202
.
(21)
The Property Loss Related to Homelessness Compensation Enterprise Fund created in 
Section 
35A-16-212
.
(21)
(22)
The Homeless Shelter Cities Mitigation Restricted Account created in Section 
35A-16-402
.
(22)
(23)
The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(23)
(24)
The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(24)
(25)
The Division of Oil, Gas, and Mining Restricted account created in Section 
40-6-23
.
(25)
(26)
The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to 
the Motor Vehicle Division.
(26)
(27)
The License Plate Restricted Account created by Section 
41-1a-122
.
(27)
(28)
The Motor Vehicle Enforcement Division Temporary Permit Restricted Account 
created by Section 
41-3-110
 to the State Tax Commission.
(28)
(29)
The State Disaster Recovery Restricted Account to the Division of Emergency 
Management, as provided in Section 
53-2a-603
.
(29)
(30)
The Response, Recovery, and Post-disaster Mitigation Restricted Account 
created in Section 
53-2a-1302
.
(30)
(31)
The Department of Public Safety Restricted Account to the Department of Public 
Safety, as provided in Section 
53-3-106
.
(31)
(32)
The Utah Highway Patrol Aero Bureau Restricted Account created in Section 
53-8-303
.
(32)
(33)
The DNA Specimen Restricted Account created in Section 
53-10-407
.
(33)
(34)
The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(34)
(35)
The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(35)
(36)
A certain portion of money collected for administrative costs under the School 
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(36)
(37)
The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
, 
subject to Subsection 
54-5-1.5
(4)(d).
(37)
(38)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-3a-105
.
(38)
(39)
Certain fines collected by the Division of Professional Licensing for violation of 
unlawful or unprofessional conduct that are used for education and enforcement 
purposes, as provided in Section 
58-17b-505
.
(39)
(40)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-22-104
.
(40)
(41)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-55-106
.
(41)
(42)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-56-3.5
.
(42)
(43)
Certain fines collected by the Division of Professional Licensing for use in 
education and enforcement of the Security Personnel Licensing Act, as provided in 
Section 
58-63-103
.
(43)
(44)
The Relative Value Study Restricted Account created in Section 
59-9-105
.
(44)
(45)
The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(45)
(46)
Funds paid to the Division of Real Estate for the cost of a criminal background 
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(46)
(47)
Funds paid to the Division of Real Estate for the cost of a criminal background 
check for principal broker, associate broker, and sales agent licenses, as provided in 
Section 
61-2f-204
.
(47)
(48)
Certain funds donated to the Department of Health and Human Services, as 
provided in Section 
26B-1-202
.
(48)
(49)
Certain funds donated to the Division of Child and Family Services, as provided 
in Section 
80-2-404
.
(49)
(50)
Funds collected by the Office of Administrative Rules for publishing, as 
provided in Section 
63G-3-402
.
(50)
(51)
The Immigration Act Restricted Account created in Section 
63G-12-103
.
(51)
(52)
Money received by the military installation development authority, as provided 
in Section 
63H-1-504
.
(52)
(53)
The Unified Statewide 911 Emergency Service Account created in Section 
63H-7a-304
.
(53)
(54)
The Utah Statewide Radio System Restricted Account created in Section 
63H-7a-403
.
(54)
(55)
The Utah Capital Investment Restricted Account created in Section 
63N-6-204
.
(55)
(56)
The Motion Picture Incentive Account created in Section 
63N-8-103
.
(56)
(57)
Funds collected by the housing of state probationary inmates or state parole 
inmates, as provided in Subsection 
64-13e-104
(2).
(57)
(58)
Certain forestry and fire control funds utilized by the Division of Forestry, Fire, 
and State Lands, as provided in Section 
65A-8-103
.
(58)
(59)
The following funds or accounts created in Section 
72-2-124
:
(a)
Transportation Investment Fund of 2005;
(b)
Transit Transportation Investment Fund;
(c)
Cottonwood Canyons Transportation Investment Fund;
(d)
Active Transportation Investment Fund; and
(e)
Commuter Rail Subaccount.
(59)
(60)
The Amusement Ride Safety Restricted Account, as provided in Section 
72-16-204
.
(60)
(61)
Certain funds received by the Office of the State Engineer for well drilling fines 
or bonds, as provided in Section 
73-3-25
.
(61)
(62)
The Water Resources Conservation and Development Fund, as provided in 
Section 
73-23-2
.
(62)
(63)
Award money under the State Asset Forfeiture Grant Program, as provided under 
Section 
77-11b-403
.
(63)
(64)
Funds donated or paid to a juvenile court by private sources, as provided in 
Subsection 
78A-6-203
(1)(c).
(64)
(65)
Fees for certificate of admission created under Section 
78A-9-102
.
(65)
(66)
Funds collected for adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
(66)
(67)
Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4, 
Utah Indigent Defense Commission.
(67)
(68)
The Utah Geological Survey Restricted Account created in Section 
79-3-403
.
(68)
(69)
Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State 
Park, and Green River State Park, as provided under Section 
79-4-403
.
(69)
(70)
Certain funds received by the Division of State Parks from the sale or disposal of 
buffalo, as provided under Section 
79-4-1001
.
Section 4. 
FY 2026 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1, 
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 
fiscal year 2026. 
Subsection 4(a).
Business-like Activities
The Legislature has reviewed the following proprietary funds. Under the terms and 
conditions of Utah Code 
63J-1-410
, for any included Internal Service Fund, the Legislature 
approves budgets, full-time permanent positions, and capital acquisition amounts as indicated, 
and appropriates to the funds, as indicated, estimated revenue from rates, fees, and other 
charges. The Legislature authorizes the State Division of Finance to transfer amounts between 
funds and accounts as indicated.
Economic and Community Development
Department of Workforce Services
ITEM 1
Department of Workforce Services - Property Loss Related to Homelessness 
Compensation Enterprise Fund
From General Fund, One-time
10,000
Property Loss Related to Homelessness 
Compensation Enterprise Fund
10,000
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 2:21 PM