State Codes and Statutes
Statutes > Utah > Title-09 > Chapter-04 > 9-4-15039-4-1503. Methamphetamine Housing Reconstruction and Rehabilitation Fund --Creation -- Interest -- Use of contributions and interest.
(1) There is created within the General Fund a restricted account known as theMethamphetamine Housing Reconstruction and Rehabilitation Fund.
(2) The fund shall be funded by:
(a) contributions deposited into the fund in accordance with Section 59-10-1314; and
(b) interest described in Subsection (3).
(3) (a) The fund shall earn interest.
(b) Interest earned on the fund shall be deposited into the fund.
(4) (a) The division shall distribute contributions and interest deposited into the fund toone or more qualified housing organizations.
(b) (i) Subject to Subsection (4)(b)(ii), a qualified housing organization that receives adistribution from the division in accordance with Subsection (4)(a) shall expend the distributionto:
(A) reconstruct or rehabilitate one or more residences that are:
(I) sold to low-income persons selected by the qualified housing organization inaccordance with any rules the division makes as authorized by this section; and
(II) financed with loans that are not subject to interest as determined by the qualifiedhousing organization in accordance with any rules the division makes as authorized by thissection; or
(B) purchase property upon which a residence described in Subsection (4)(b)(i)(A) isreconstructed or rehabilitated.
(ii) A qualified housing organization may not expend a distribution the qualified housingorganization receives in accordance with this Subsection (4) for any administrative cost relatingto an expenditure authorized by Subsection (4)(b)(i).
(5) (a) In accordance with any rules the division makes as authorized under Subsection(6)(c), a qualified housing organization may apply to the division to receive a distribution underSubsection (4).
(b) A qualified housing organization may apply to the division to receive a distributionunder Subsection (4) by filing an application with the division:
(i) on or before November 1; and
(ii) on a form provided by the division.
(c) The application:
(i) shall include information required by the division establishing that the qualifiedhousing organization owns each residence with respect to which the qualified housingorganization plans to expend a distribution under Subsection (4);
(ii) shall include information required by the division establishing the qualified housingorganization's plan to expend the distribution for a purpose described in Subsection (4)(b)(i);
(iii) shall include information required by the division establishing that the qualifiedhousing organization's plan to expend the distribution meets conditions established in accordancewith Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and DecontaminationAct, for a local health department to remove the residence from the local health department'sdecontamination list; and
(iv) may include other information the division requires by rule.
(d) The division shall determine on or before the November 30 immediately following
the November 1 described in Subsection (5)(b) whether a qualified housing organization'sapplication to the division meets the requirements of Subsection (5)(c).
(e) (i) The division shall distribute money credited to the fund to each qualified housingorganization that meets the requirements of Subsection (5)(c) as determined by the division:
(A) on or before the December 31 immediately following the November 1 described inSubsection (5)(b); and
(B) in accordance with this Subsection (5)(e).
(ii) The division shall determine:
(A) the population of the county in which a qualified housing organization that meets therequirements of Subsection (5)(c) is headquartered; and
(B) the total population of all of the counties in which the qualified housingorganizations that meet the requirements of Subsection (5)(c) are headquartered.
(iii) Except as provided in Subsection (5)(e)(iv), the division shall determine a qualifiedhousing organization's distribution by making the following calculation:
(A) calculating a percentage determined by dividing the population of the county inwhich the qualified housing organization that meets the requirements of Subsection (5)(c) isheadquartered by the population calculated under Subsection (5)(e)(ii)(B); and
(B) multiplying the percentage determined under Subsection (5)(e)(iii)(A) by the fundbalance.
(iv) If two or more qualified housing organizations that meet the requirements ofSubsection (5)(c) as determined by the division are headquartered within one county, the divisionshall determine each qualified housing organization's distribution by:
(A) making the calculation required by Subsection (5)(e)(iii); and
(B) dividing the amount calculated under Subsection (5)(e)(iii) by the number ofqualified housing organizations that meet the requirements of Subsection (5)(c) as determined bythe division that are headquartered within the county.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision may make rules:
(a) to define what constitutes:
(i) a low-income person;
(ii) a loan that is not subject to interest; or
(iii) an apartment or other rental unit;
(b) for determining the circumstances under which real property is appurtenant to aresidence;
(c) prescribing information a qualified housing organization is required to include withan application under Subsection (5);
(d) for purposes of Subsection (5)(e), for determining the population of a county; or
(e) for determining the county in which a qualified housing organization isheadquartered.
Enacted by Chapter 194, 2010 General Session
