26B-5-319. Receipt of gift and personal property related to the transfer of persons from other institutions.
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Effective 5/7/2025
26B-5-319. Receipt of gift and personal property related to the transfer of persons from other institutions.
(1)The division may take and hold by gift, devise, or bequest real and personal property required for the use of the state hospital. With the approval of the governor the division may convert that property that is not suitable for the state hospital's use into money or property that is suitable for the state hospital's use.
(2)The state hospital is authorized to receive from any other institution within the department an individual committed to that institution, when a careful evaluation of the treatment needs of the individual and of the treatment programs available at the state hospital indicates that the transfer would be in the interest of that individual.
(a)For the purposes of this Subsection
(3), "contributions" means gifts, grants, devises, and donations.
(b)Notwithstanding the provisions of Subsection 26B-1-202(2)(j) , the state hospital is authorized to receive contributions and deposit the contributions into an interest-bearing restricted special revenue fund. The state treasurer may invest the fund, and all interest will remain in the fund.
(i)Single expenditures from the fund in amounts of $5,000 or less shall be approved by the superintendent.
(ii)Single expenditures exceeding $5,000 must be preapproved by the superintendent and the division director.
(iii)Expenditures described in this Subsection
(3)shall be used for the benefit of patients at the state hospital.
(d)Money and interest in the fund may not be used for items normally paid for by operating revenues or for items related to personnel costs without specific legislative authorization.
Amended by Chapter 470 , 2025 General Session