Public Safety, Administration

Rule R698-6

Honoring Heroes Restricted Account

Notice of Proposed Rule

(New Rule)

DAR File No.: 33789
Filed: 06/29/2010 10:56:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures by which an organization may apply to the Department of Public Safety to receive funds from the Honoring Heroes Restricted Account.

Summary of the rule or change:

This rule outlines the procedures by which an organization may apply to the Department of Public Safety to receive funds from the Honoring Heroes Restricted Account.

State statutory or constitutional authorization for this rule:

• Subsection 53-1-118(8)

Anticipated cost or savings to:

the state budget:

There is no cost impact to the state budget because the rule clarifies only how organizations may apply for funds.

local governments:

There is no cost impact to local governments because the rule clarifies only how organizations may apply for funds.

small businesses:

There is no cost impact to small businesses because the rule clarifies only how organizations may apply for funds.

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

There is no cost impact to persons because the rule clarifies only how organizations may apply for funds.

Compliance costs for affected persons:

There are no compliance costs as the rule only clarifies how organizations may apply for funds.

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

The proposed rule would have no fiscal impact on local businesses. Monies obtained are from the sale of Honoring Heroes Foundation license plates. The account is restricted and only qualifying agencies/organizations may apply to receive funds.

Lance Davenport, Commissioner

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

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

Direct questions regarding this rule to:

• Letisha Garrick at the above address, by phone at 801-965-4062, by FAX at 801-965-4608, or by Internet E-mail at [email protected]

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:

08/16/2010

This rule may become effective on:

09/01/2010

Authorized by:

Lance Davenport, Commissioner

R698. Public Safety, Administration.

R698-6. Honoring Heroes Restricted Account.

R698-6-1. Purpose.

The purpose of this rule is to establish procedures by which an organization may apply to the department to receive funds under Section 53-1-118.

 

R698-6-2. Authority.

This rule is authorized by Section 53-1-118(8) which provides that the commissioner shall make rules regarding the procedures to be used to obtain funds from the account.

 

R698-6-3. 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 Public Safety Honoring Heroes Restricted Account; and

(d) "UHP" means the Utah Highway Patrol.

 

R698-6-4. Application Process.

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

(2) Theapplication 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 families of fallen UHP troopers or other department employees;

(c) a detailed description of how the organization intends to spend the awarded funds to support the families of fallen UHP troopers and other department employees; 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, the award funds shall remain in the account until the next fiscal year.

 

R698-6-5. 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: Honoring Heroes Restricted Account

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 53-1-118(8)