§ 35A-16-212 — Property Loss Related to Homelessness Compensation Enterprise Fund.

(1) As used in this part:
(1)(a) "Fund" means the Property Loss Related to Homelessness Compensation Enterprise Fund created in Subsection (3).
(1)(b) "Homeless services facility" means an eligible shelter under Subsection 35A-16-401(5)(a) or (5)(b).
(1)(c) "Property loss" means:
(1)(c)(i) documented damage to or theft of personal property; or
(1)(c)(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:
(4)(a) gifts, grants, donations, and loan repayments or any other conveyance of money that may be made to the fund from private sources; and
(4)(b) additional amounts as appropriated by the Legislature.
(5) The fund shall be administered by the office.
(6) Funds may be used to:
(6)(a) provide a no-interest loan to a business that:
(6)(a)(i) meets the requirements of Subsection (6)(b); and
(6)(a)(ii) enters into an agreement with the department to:
(6)(a)(ii)(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
(6)(a)(ii)(B) repay the loan no later than one year from the day on which the loan is disbursed to the business;
(6)(b) except as provided in Subsection (12), compensate a business that:
(6)(b)(i) is located within 1/5 of a mile of a homeless services facility; and
(6)(b)(ii) experiences property loss as a direct result of the presence of the homeless services facility; or
(6)(c) compensate an individual who:
(6)(c)(i) lives within 1/5 of a mile from a homeless services facility; and
(6)(c)(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:
(7)(a) be a resident of Utah; and
(7)(b) have a need that meets the requirements of this section.
(8) (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.
(8)(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) (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.
(9)(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:
(13)(a) administer the loan program, including:
(13)(a)(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;
(13)(a)(ii) accepting applications received in a timely manner;
(13)(a)(iii) reviewing loan applications;
(13)(a)(iv) determining eligibility in accordance with this section; and
(13)(a)(v) distributing loan money to an approved loan recipient; and
(13)(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to administer the program, including:
(13)(b)(i) loan application requirements;
(13)(b)(ii) procedures to approve a loan;
(13)(b)(iii) procedures for distributing money to loan recipients;
(13)(b)(iv) criteria for confirming the amount of property loss; and
(13)(b)(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:
(14)(a) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the servicing of loans made by the fund;
(14)(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
(14)(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.

Legislative History

Enacted by Chapter 41, 2025 General Session