No. 41369 (New Rule): Rule R698-9. Utah Law Enforcement Memorial Support Restricted Account

(New Rule)

DAR File No.: 41369
Filed: 03/15/2017 02:07:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Passage of H.B. 167 during the 2016 General Session requires that the Commissioner of the Department of Public Safety make rules providing procedures for an organization to apply to receive funds from the Utah Law Enforcement Memorial Support Restricted Account under Section 53-1-120. The account is funded through a support special group license plate on a voluntary basis as specified in Section 41-1a-422. In addition, funding may be provided through private contributions or donations or grants from public or private entities.

Summary of the rule or change:

This rule establishes procedures for a charitable organization to apply to receive funds from the Utah Law Enforcement Memorial Support Restricted Account to be used to support the operation and maintenance of the Utah Law Enforcement Memorial.

Statutory or constitutional authorization for this rule:

• Subsection 53-1-120(7)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account.

local governments:

There is no anticipated cost or savings to local government because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account.

small businesses:

There is no anticipated cost or savings to the small businesses because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account.

Compliance costs for affected persons:

There is no anticipated compliance cost to persons because the rule establishes the procedures for a charitable organization to receive funds from the Utah Law Enforcement Memorial Support Restricted Account.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed the rule and find that the enactment of this rule will not have a fiscal impact on businesses.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2017

This rule may become effective on:

07/30/2017

Authorized by:

Keith Squires, Commissioner

RULE TEXT

R698. Public Safety, Administration.

R698-9. Utah Law Enforcement Memorial Support Restricted Account.

R698-9-1. Purpose.

The purpose of this rule is to establish procedures by which an organization may apply to the department to receive funds under Section 53-1-120.

 

R698-9-2. Authority.

This rule is authorized by Section 53-1-120(7) which provides that the commissioner shall make rules regarding the procedures for an organization to apply to receive funds from the account.

 

R698-9-3. Definitions.

(1) The terms used in this rule are defined in Section 53-1-102.

(2) In addition:

(a) "awarded funds" means the funds appropriated by the department from the account;

(b) "restricted funds" means the funds appropriated to the department from the account;

(c) "the account" means the Utah Law Enforcement Memorial Support Restricted Account; and

 

R698-9-4. Application Process.

(1) An organizations that wishes to receive awarded funds must submit an application to the commissioner.

(2) The application must contain the following:

(a) verification that the organization is a charitable organization that qualifies for tax exempt status under Internal Revenue Code Section 501(c)(3);

(b) a statement indicating that a primary part of the organization's mission is to support the operation and maintenance of the Utah Law Enforcement Memorial;

(c) a detailed description of how the organization intends to spend the awarded funds to support the operation and maintenance of the Utah Law Enforcement Memorial; and

(d) documentation of how the organization spent any awarded funds that were previously appropriated to the organization.

(3)(a) All applications must be submitted before July 1 in order to be eligible for awarded funds from the current fiscal year.

(b) If no applications are received by July 1, applications submitted after July 1 will be reviewed and considered on a case by case basis.

 

R698-9-5. Distributions and Prioritization of Awards.

(1) The commissioner shall review any applications that have been submitted and determine which organization will receive awarded funds based upon the following criteria:

(a) which organization's intended use of the awarded funds will have the broadest application or meet the greatest need; and

(b) whether the organization used previously awarded funds in the manner for which they originally sought the funds.

(2) The commissioner shall distribute all restricted funds in the account each year to one or more qualified organizations.

 

KEY: Utah Law Enforcement Memorial Support Restricted Account

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 53-1-120(7)

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