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uca_title_63J.txt
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uca_title_63J.txt
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Utah Code Annotated - Title 63J - Budgeting
===========================================
Utah Code Annotated - Title 63J - Chapter 1 - Budgetary Procedures Act
**********************************************************************
Utah Code Annotated § 63J-1-101 Title.
--------------------------------------
Utah Code Annotated § 63J-1-101(1): This title is known as "Budgeting."
Utah Code Annotated § 63J-1-101(2): This chapter is known as the "Budgetary Procedures Act."
Utah Code Annotated § 63J-1-102 Definitions.
--------------------------------------------
As used in this chapter:Utah Code Annotated § 63J-1-102(1): "Agency" means a unit of accounting, typically associated with a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government, that includes line items and programs.
Utah Code Annotated § 63J-1-102(2): "Budget execution plan" means a proposal submitted by an administrative unit of state government to the Division of Finance enumerating expected revenues and authorized expenditures within line items and among programs.
Utah Code Annotated § 63J-1-102(3): "Debt service" means the money that is required annually to cover the repayment of interest and principal on state debt.
Utah Code Annotated § 63J-1-102(4):
Utah Code Annotated § 63J-1-102(4)(a): "Dedicated credits" means collections by an agency that fund agency operations.
Utah Code Annotated § 63J-1-102(4)(b): "Dedicated credits" includes:
Utah Code Annotated § 63J-1-102(4)(b)(i): assessments;
Utah Code Annotated § 63J-1-102(4)(b)(ii): sales of goods and materials;
Utah Code Annotated § 63J-1-102(4)(b)(iii): sales of services;
Utah Code Annotated § 63J-1-102(4)(b)(iv): permits, licenses, and other fees;
Utah Code Annotated § 63J-1-102(4)(b)(v): fines, penalties, and forfeitures; and
Utah Code Annotated § 63J-1-102(4)(b)(vi): rental revenue.
Utah Code Annotated § 63J-1-102(4)(c): "Dedicated credits" does not include:
Utah Code Annotated § 63J-1-102(4)(c)(i): expendable receipts;
Utah Code Annotated § 63J-1-102(4)(c)(ii): revenues otherwise designated by law for deposit into another fund or account;
Utah Code Annotated § 63J-1-102(4)(c)(iii): federal revenues and the related pass through; or
Utah Code Annotated § 63J-1-102(4)(c)(iv): revenues that are not deposited in governmental funds.
Utah Code Annotated § 63J-1-102(5):
Utah Code Annotated § 63J-1-102(5)(a): "Expendable receipts" means collections by an agency for expenditures that are limited by a nonstate entity that provides the funds.
Utah Code Annotated § 63J-1-102(5)(b): "Expendable receipts" includes:
Utah Code Annotated § 63J-1-102(5)(b)(i): grants;
Utah Code Annotated § 63J-1-102(5)(b)(ii): state matches for federal revenues paid by a nonstate entity; and
Utah Code Annotated § 63J-1-102(5)(b)(iii): rebates, including pharmacy rebates, that have similar restrictions on expenditures as the original program.
Utah Code Annotated § 63J-1-102(5)(c): "Expendable receipts" does not include:
Utah Code Annotated § 63J-1-102(5)(c)(i): dedicated credits;
Utah Code Annotated § 63J-1-102(5)(c)(ii): revenues otherwise designated by law for deposit into another fund or account;
Utah Code Annotated § 63J-1-102(5)(c)(iii): federal revenues and the related pass through; or
Utah Code Annotated § 63J-1-102(5)(c)(iv): revenues that are not deposited into governmental funds.
Utah Code Annotated § 63J-1-102(6): "Federal revenues" means collections by an agency from a federal source that are deposited into an account for expenditure by the agency.
Utah Code Annotated § 63J-1-102(7): "Free revenue" includes:
Utah Code Annotated § 63J-1-102(7)(a): collections that are required by law to be deposited in:
Utah Code Annotated § 63J-1-102(7)(a)(i): the General Fund;
Utah Code Annotated § 63J-1-102(7)(a)(ii): the Income Tax Fund;
Utah Code Annotated § 63J-1-102(7)(a)(iii): the Uniform School Fund; or
Utah Code Annotated § 63J-1-102(7)(a)(iv): the Transportation Fund;
Utah Code Annotated § 63J-1-102(7)(b): collections that are not otherwise designated by law;
Utah Code Annotated § 63J-1-102(7)(c): collections that are not externally restricted; and
Utah Code Annotated § 63J-1-102(7)(d): collections that are not included in an approved budget execution plan.
Utah Code Annotated § 63J-1-102(8): 63J-7-101 "Grant" means the same as that term is defined in Section
Utah Code Annotated § 63J-1-102(9):
Utah Code Annotated § 63J-1-102(9)(a): "Item of appropriation" means an authorization of expenditure contained in legislation that appropriates funds and includes the following:
Utah Code Annotated § 63J-1-102(9)(a)(i): the name of the agency and line item to which authorization is granted; and
Utah Code Annotated § 63J-1-102(9)(a)(ii): sources of finance from which authorization is granted and associated amounts authorized.
Utah Code Annotated § 63J-1-102(9)(b): "Item of appropriation" also includes:
Utah Code Annotated § 63J-1-102(9)(b)(i): a schedule of programs;
Utah Code Annotated § 63J-1-102(9)(b)(ii): intent language;
Utah Code Annotated § 63J-1-102(9)(b)(iii): approved full-time equivalent employment;
Utah Code Annotated § 63J-1-102(9)(b)(iv): authorized capital outlay; and
Utah Code Annotated § 63J-1-102(9)(b)(v): other conditions of appropriation.
Utah Code Annotated § 63J-1-102(10): "Line item" means a unit of accounting, typically representing an administrative unit of state government within an agency, that contains one or more programs.
Utah Code Annotated § 63J-1-102(11): "Major revenue types" means:
Utah Code Annotated § 63J-1-102(11)(a): free revenue;
Utah Code Annotated § 63J-1-102(11)(b): federal revenue;
Utah Code Annotated § 63J-1-102(11)(c): restricted revenue;
Utah Code Annotated § 63J-1-102(11)(d): dedicated credits; and
Utah Code Annotated § 63J-1-102(11)(e): expendable receipts.
Utah Code Annotated § 63J-1-102(12): "Program" means a unit of accounting included on a schedule of programs within a line item used to track budget authorizations, collections, and expenditures on specific purposes or functions.
Utah Code Annotated § 63J-1-102(13): "Restricted revenue" means collections that are:
Utah Code Annotated § 63J-1-102(13)(a): deposited, by law, into a separate fund, subfund, or account; and
Utah Code Annotated § 63J-1-102(13)(b): designated for a specific program or purpose.
Utah Code Annotated § 63J-1-102(14): "Schedule of programs" means a list of programs and associated authorization amounts within an item of appropriation.
Utah Code Annotated § 63J-1-103 Agency exempt from act.
-------------------------------------------------------
The Utah Housing Corporation is exempt from this act.
Utah Code Annotated § 63J-1-104 Revenue types -- Disposition of free revenue and restricted revenue.
----------------------------------------------------------------------------------------------------
Utah Code Annotated § 63J-1-104(1): Title 51, Chapter 7, State Money Management Act
Utah Code Annotated § 63J-1-104(1)(a): The Division of Finance shall:
Utah Code Annotated § 63J-1-104(1)(a)(i): account for revenues in accordance with generally accepted accounting principles; and
Utah Code Annotated § 63J-1-104(1)(a)(ii): use the major revenue types in internal accounting.
Utah Code Annotated § 63J-1-104(1)(b): Title 51, Chapter 7, State Money Management Act Each agency shall:
Utah Code Annotated § 63J-1-104(1)(b)(i): use the major revenue types to account for revenues;
Utah Code Annotated § 63J-1-104(1)(b)(ii): Title 51, Chapter 7, State Money Management Act deposit revenues and other public funds received by them by following the procedures and requirements of
Utah Code Annotated § 63J-1-104(1)(b)(iii): expend revenues and public funds as required by this chapter.
Utah Code Annotated § 63J-1-104(2):
Utah Code Annotated § 63J-1-104(2)(a): Each agency shall deposit its free revenues into the appropriate fund.
Utah Code Annotated § 63J-1-104(2)(b): An agency may expend free revenues up to the amount specifically appropriated by the Legislature.
Utah Code Annotated § 63J-1-104(2)(c): Any free revenue funds appropriated by the Legislature to an agency that remain unexpended at the end of the fiscal year lapse to the source fund unless the Legislature provides by law that those funds are nonlapsing.
Utah Code Annotated § 63J-1-104(3):
Utah Code Annotated § 63J-1-104(3)(a): Each agency shall deposit its restricted revenues into the applicable restricted account or fund.
Utah Code Annotated § 63J-1-104(3)(b): Revenues in a restricted account or fund do not lapse to another account or fund unless otherwise specifically provided for by law or legislative appropriation.
Utah Code Annotated § 63J-1-104(3)(c): The Legislature may appropriate restricted revenues from a restricted account or fund for the specific purpose or program designated by law.
Utah Code Annotated § 63J-1-104(3)(d): If the fund equity of a restricted account or fund is insufficient to provide the accounts appropriated from it by the Legislature, the Division of Finance may reduce the appropriation to a level that ensures that the fund equity is not less than zero.
Utah Code Annotated § 63J-1-104(3)(e): Any restricted revenues appropriated by the Legislature to an agency that remain unexpended at the end of the fiscal year lapse to the applicable restricted account or fund unless the Legislature provides by law that those appropriations, or the program or line item financed by those appropriations, are nonlapsing.
Utah Code Annotated § 63J-1-104(4): Unless otherwise specifically provided by law, when an agency has a program or line item that is funded by both free revenue and restricted revenue, an agency shall expend those revenues based upon a proration of the amounts appropriated from each of those major revenue types.
Utah Code Annotated § 63J-1-105 Revenue types -- Disposition of dedicated credits and expendable receipts.
----------------------------------------------------------------------------------------------------------
Utah Code Annotated § 63J-1-105(1):
Utah Code Annotated § 63J-1-105(1)(a): Dedicated credits are subject to appropriations and the restrictions in this chapter.
Utah Code Annotated § 63J-1-105(1)(b): An agency may expend dedicated credits for any purpose within the program or line item.
Utah Code Annotated § 63J-1-105(2): (3); (4) Except as provided in Subsections
Utah Code Annotated § 63J-1-105(3): 63J-1-209 Each agency that receives dedicated credits revenue greater than the amount appropriated to a line item by the Legislature in the annual appropriations acts may expend the excess up to 25% of the amount appropriated if the expenditure is included in a revised budget execution plan submitted as provided in Section
Utah Code Annotated § 63J-1-105(4): (3); (3); 63J-1-209 Notwithstanding the requirements of Subsection
Utah Code Annotated § 63J-1-105(5): An expenditure of dedicated credits in excess of amounts appropriated to a line item as dedicated credits by the Legislature may not be used to permanently increase personnel within the agency unless:
Utah Code Annotated § 63J-1-105(5)(a): the increase is approved by the Legislature; or
Utah Code Annotated § 63J-1-105(5)(b): the money is deposited as a dedicated credit in a line item covering tuition or federal vocational funds at an institution of higher education.
Utah Code Annotated § 63J-1-105(6): (3); (4); (7)
Utah Code Annotated § 63J-1-105(6)(a): (3); (4); (7) All excess dedicated credits not received or expended in compliance with Subsection
Utah Code Annotated § 63J-1-105(6)(b): The Division of Finance shall determine the appropriate fund into which the dedicated credits lapse.
Utah Code Annotated § 63J-1-105(7): (7)(a); (3); (4)
Utah Code Annotated § 63J-1-105(7)(a): When an agency has a line item that is funded by more than one major revenue type, one of which is dedicated credits, the agency shall completely expend authorized dedicated credits within the current fiscal year and allocate unused spending authorization among other funding sources based upon a proration of the amounts appropriated from each of those major revenue types not attributable to dedicated credits, unless the Legislature has designated a portion of the dedicated credits as nonlapsing, in which case the agency shall completely expend within the current fiscal year authorized dedicated credits minus the portion of dedicated credits designated as nonlapsing, and allocate unused spending authorization among the other funding sources based upon a proration of the amounts appropriated from each of those major revenue types not attributable to dedicated credits.
Utah Code Annotated § 63J-1-105(7)(b): (7)(a); (3); (4) Nothing in Subsection
Utah Code Annotated § 63J-1-105(7)(c): Each agency that receives dedicated credits shall report, to the Division of Finance, any balances remaining in those funds at the conclusion of each fiscal year.
Utah Code Annotated § 63J-1-105(8): Each agency shall include in its annual budget request estimates of dedicated credits revenue that is identified by, collected for, or set by the agency.
Utah Code Annotated § 63J-1-105(9): Each agency may expend expendable receipts in accordance with the terms set by a nonstate entity that provides the funds.
Utah Code Annotated § 63J-1-105(10): 63J-1-209; 63J-1-209
Utah Code Annotated § 63J-1-105(10)(a): Expendable receipts are not limited by appropriations.
Utah Code Annotated § 63J-1-105(10)(b): 63J-1-209 Each agency that receives expendable receipts revenue greater than the amount included for a line item by the Legislature in the annual appropriations acts may expend the excess if the expenditure is included in a revised budget execution plan submitted as provided in Section
Utah Code Annotated § 63J-1-105(10)(c): 63J-1-209 If an agency receives excess expendable receipts revenue that is more than 25% greater than the amount included for a line item by the Legislature in the annual appropriations acts, the agency shall report the excess amount, the source of the expendable receipts, and the purpose for which the expendable receipts will be expended to the Governor's Office of Planning and Budget, the legislative fiscal analyst, and the Executive Appropriations Committee within 60 days of submitting a revised budget execution plan as provided in Section
Utah Code Annotated § 63J-1-201 Governor's proposed budget to Legislature -- Contents -- Preparation -- Appropriations based on current tax laws and not to exceed estimated revenues.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Utah Code Annotated § 63J-1-201(1): The governor shall deliver, not later than 30 days before the date the Legislature convenes in the annual general session, a confidential draft copy of the governor's proposed budget recommendations to the Office of the Legislative Fiscal Analyst according to the requirements of this section.
Utah Code Annotated § 63J-1-201(2): 63A-5b-501; 63J-1-504
Utah Code Annotated § 63J-1-201(2)(a): When submitting a proposed budget, the governor shall, within the first three days of the annual general session of the Legislature, submit to the presiding officer of each house of the Legislature:
Utah Code Annotated § 63J-1-201(2)(a)(i): a proposed budget for the ensuing fiscal year;
Utah Code Annotated § 63J-1-201(2)(a)(ii): a schedule for all of the proposed changes to appropriations in the proposed budget, with each change clearly itemized and classified; and
Utah Code Annotated § 63J-1-201(2)(a)(iii): as applicable, a document showing proposed changes in estimated revenues that are based on changes in state tax laws or rates.
Utah Code Annotated § 63J-1-201(2)(b): 63A-5b-501; 63J-1-504 The proposed budget shall include:
Utah Code Annotated § 63J-1-201(2)(b)(i): a projection of:
Utah Code Annotated § 63J-1-201(2)(b)(i)(A): estimated revenues by major tax type;
Utah Code Annotated § 63J-1-201(2)(b)(i)(B): 15-year trends for each major tax type;
Utah Code Annotated § 63J-1-201(2)(b)(i)(C): estimated receipts of federal funds;
Utah Code Annotated § 63J-1-201(2)(b)(i)(D): 15-year trends for federal fund receipts; and
Utah Code Annotated § 63J-1-201(2)(b)(i)(E): appropriations for the next fiscal year;
Utah Code Annotated § 63J-1-201(2)(b)(ii): the source of changes to all direct, indirect, and in-kind matching funds for all federal grants or assistance programs included in the budget;
Utah Code Annotated § 63J-1-201(2)(b)(iii): changes to debt service;
Utah Code Annotated § 63J-1-201(2)(b)(iv): a plan of proposed changes to appropriations and estimated revenues for the next fiscal year that is based upon the current fiscal year state tax laws and rates and considers projected changes in federal grants or assistance programs included in the budget;
Utah Code Annotated § 63J-1-201(2)(b)(v): an itemized estimate of the proposed changes to appropriations for:
Utah Code Annotated § 63J-1-201(2)(b)(v)(A): the legislative department as certified to the governor by the president of the Senate and the speaker of the House;
Utah Code Annotated § 63J-1-201(2)(b)(v)(B): the executive department;
Utah Code Annotated § 63J-1-201(2)(b)(v)(C): the judicial department as certified to the governor by the state court administrator;
Utah Code Annotated § 63J-1-201(2)(b)(v)(D): changes to salaries payable by the state under the Utah Constitution or under law for lease agreements planned for the next fiscal year; and
Utah Code Annotated § 63J-1-201(2)(b)(v)(E): all other changes to ongoing or one-time appropriations, including dedicated credits, restricted funds, nonlapsing balances, grants, and federal funds;
Utah Code Annotated § 63J-1-201(2)(b)(vi): for each line item, the average annual dollar amount of staff funding associated with all positions that were vacant during the last fiscal year;
Utah Code Annotated § 63J-1-201(2)(b)(vii): deficits or anticipated deficits;
Utah Code Annotated § 63J-1-201(2)(b)(viii): 63A-5b-501 the recommendations for each state agency for new full-time employees for the next fiscal year, which shall also be provided to the director of the Division of Facilities Construction and Management as required by Subsection
Utah Code Annotated § 63J-1-201(2)(b)(ix): any explanation that the governor may desire to make as to the important features of the budget and any suggestion as to methods for the reduction of expenditures or increase of the state's revenue; and
Utah Code Annotated § 63J-1-201(2)(b)(x): 63J-1-504 information detailing certain fee increases as required by Section
Utah Code Annotated § 63J-1-201(3):
Utah Code Annotated § 63J-1-201(3)(a): Except as provided in Subsection (3)(b), for the purpose of preparing and reporting the proposed budget, the governor:
Utah Code Annotated § 63J-1-201(3)(a)(i): shall require the proper state officials, including all public and higher education officials, all heads of executive and administrative departments and state institutions, bureaus, boards, commissions, and agencies expending or supervising the expenditure of the state money, and all institutions applying for state money and appropriations, to provide itemized estimates of changes in revenues and appropriations;
Utah Code Annotated § 63J-1-201(3)(a)(ii): may require the persons and entities subject to Subsection (3)(a)(i) to provide other information under these guidelines and at times as the governor may direct, which may include a requirement for program productivity and performance measures, where appropriate, with emphasis on outcome indicators; and
Utah Code Annotated § 63J-1-201(3)(a)(iii): may require representatives of public and higher education, state departments and institutions, and other institutions or individuals applying for state appropriations to attend budget meetings.
Utah Code Annotated § 63J-1-201(3)(b): Subsections (3)(a)(ii) and (iii) do not apply to the judicial department or the legislative department.
Utah Code Annotated § 63J-1-201(4): 63G-2-206
Utah Code Annotated § 63J-1-201(4)(a): The Governor's Office of Planning and Budget shall provide to the Office of the Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the day on which the Legislature convenes in the annual general session, data, analysis, or requests used in preparing the governor's budget recommendations, notwithstanding the restrictions imposed on such recommendations by available revenue.
Utah Code Annotated § 63J-1-201(4)(b): The information under Subsection (4)(a) shall include:
Utah Code Annotated § 63J-1-201(4)(b)(i): actual revenues and expenditures for the fiscal year ending the previous June 30;
Utah Code Annotated § 63J-1-201(4)(b)(ii): estimated or authorized revenues and expenditures for the current fiscal year;
Utah Code Annotated § 63J-1-201(4)(b)(iii): requested revenues and expenditures for the next fiscal year;
Utah Code Annotated § 63J-1-201(4)(b)(iv): detailed explanations of any differences between the amounts appropriated by the Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and (iii); and
Utah Code Annotated § 63J-1-201(4)(b)(v): other budgetary information required by the Legislature in statute.
Utah Code Annotated § 63J-1-201(4)(c): The budget information under Subsection (4)(a) shall cover:
Utah Code Annotated § 63J-1-201(4)(c)(i): all items of appropriation, funds, and accounts included in appropriations acts for the current and previous fiscal years; and
Utah Code Annotated § 63J-1-201(4)(c)(ii): any new appropriation, fund, or account items requested for the next fiscal year.
Utah Code Annotated § 63J-1-201(4)(d): 63G-2-206 The information provided under Subsection (4)(a) may be provided as a shared record under Section
Utah Code Annotated § 63J-1-201(5): 32B-1-201
Utah Code Annotated § 63J-1-201(5)(a): 32B-1-201 In submitting the budget for the Department of Public Safety, the governor shall include a separate recommendation in the governor's budget for maintaining a sufficient number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to or below the number specified in Subsection
Utah Code Annotated § 63J-1-201(5)(b): If the governor does not include in the governor's budget an amount sufficient to maintain the number of alcohol-related law enforcement officers described in Subsection (5)(a), the governor shall include a message to the Legislature regarding the governor's reason for not including that amount.
Utah Code Annotated § 63J-1-201(6):
Utah Code Annotated § 63J-1-201(6)(a): The governor may revise all estimates, except those relating to the legislative department, the judicial department, and those providing for the payment of principal and interest to the state debt and for the salaries and expenditures specified by the Utah Constitution or under the laws of the state.
Utah Code Annotated § 63J-1-201(6)(b): The estimate for the judicial department, as certified by the state court administrator, shall also be included in the budget without revision, but the governor may make separate recommendations on the estimate.
Utah Code Annotated § 63J-1-201(7): The total appropriations requested for expenditures authorized by the budget may not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal year.
Utah Code Annotated § 63J-1-201(8): If any item of the budget as enacted is held invalid upon any ground, the invalidity does not affect the budget itself or any other item in the budget.
Utah Code Annotated § 63J-1-201.5 Financial statement to be submitted annually.
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The governor shall submit an audited financial statement no later than December 31 of each year that shows:Utah Code Annotated § 63J-1-201.5(1): the revenues and expenditures for the last fiscal year;
Utah Code Annotated § 63J-1-201.5(2): payment and discharge of the principal and interest of the indebtedness of the state;
Utah Code Annotated § 63J-1-201.5(3): the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds of the state;
Utah Code Annotated § 63J-1-201.5(4): an estimate of the state's financial condition as of the beginning and the end of the period covered by the budget; and
Utah Code Annotated § 63J-1-201.5(5): a complete analysis of lease with an option to purchase arrangements entered into by state agencies.
Utah Code Annotated § 63J-1-205 Revenue volatility report.
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Utah Code Annotated § 63J-1-205(1): Beginning in 2011 and continuing every three years after 2011, the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget shall submit a joint revenue volatility report to the Executive Appropriations Committee prior to the committee's December meeting.
Utah Code Annotated § 63J-1-205(2): 63J-1-312; 63J-1-313; 63J-1-312; 63J-1-313 The Legislative Fiscal Analyst and the Governor's Office of Planning and Budget shall ensure that the report:
Utah Code Annotated § 63J-1-205(2)(a): discusses the tax base and the tax revenue volatility of the revenue streams that provide the source of funding for the state budget;
Utah Code Annotated § 63J-1-205(2)(b): considers federal funding included in the state budget and any projected changes in the amount or value of federal funding;
Utah Code Annotated § 63J-1-205(2)(c): identifies the balances in the General Fund Budget Reserve Account and the Income Tax Fund Budget Reserve Account;
Utah Code Annotated § 63J-1-205(2)(d): analyzes the adequacy of the balances in the General Fund Budget Reserve Account and the Income Tax Fund Budget Reserve Account in relation to the volatility of the revenue streams and the risk of a reduction in the amount or value of federal funding;
Utah Code Annotated § 63J-1-205(2)(e): 63J-1-312; 63J-1-313 recommends changes to the deposit amounts or transfer limits established in Sections
Utah Code Annotated § 63J-1-205(2)(f): 63J-1-312; 63J-1-313 presents options for a deposit mechanism linked to one or more tax sources on the basis of each tax source's observed volatility, including:
Utah Code Annotated § 63J-1-205(2)(f)(i): an analysis of how the options would have performed historically within the state;
Utah Code Annotated § 63J-1-205(2)(f)(ii): an analysis of how the options will perform based on the most recent revenue forecast; and
Utah Code Annotated § 63J-1-205(2)(f)(iii): 63J-1-312; 63J-1-313 recommendations for deposit mechanisms considered likely to meet the budget reserve account targets established in Sections
Utah Code Annotated § 63J-1-205.1 Legislature to pay debt service first.
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The Legislature shall appropriate money each fiscal year sufficient to pay the principal, premium, and interest due on the state's outstanding general obligation bonds before making any other appropriation in the fiscal year.
Utah Code Annotated § 63J-1-206 Appropriations governed by chapter -- Restrictions on expenditures -- Transfer of funds -- Exclusion.
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Utah Code Annotated § 63J-1-206(1): 73-10-8
Utah Code Annotated § 63J-1-206(1)(a): Except as provided in Subsections (1)(b) and (2)(e), or where expressly exempted in the appropriating act:
Utah Code Annotated § 63J-1-206(1)(a)(i): all money appropriated by the Legislature is appropriated upon the terms and conditions set forth in this chapter; and
Utah Code Annotated § 63J-1-206(1)(a)(ii): any department, agency, or institution that accepts money appropriated by the Legislature does so subject to the requirements of this chapter.
Utah Code Annotated § 63J-1-206(1)(b): 73-10-8 This section does not apply to:
Utah Code Annotated § 63J-1-206(1)(b)(i): the Legislature and its committees; and
Utah Code Annotated § 63J-1-206(1)(b)(ii): 73-10-8 the Investigation Account of the Water Resources Construction Fund, which is governed by Section
Utah Code Annotated § 63J-1-206(2): 63A-5b-703; 63J-1-209; 53F-2-205
Utah Code Annotated § 63J-1-206(2)(a): Each item of appropriation is to be expended subject to any schedule of programs and any restriction attached to the item of appropriation, as designated by the Legislature.
Utah Code Annotated § 63J-1-206(2)(b): Each schedule of programs or restriction attached to an appropriation item:
Utah Code Annotated § 63J-1-206(2)(b)(i): is a restriction or limitation upon the expenditure of the respective appropriation made;
Utah Code Annotated § 63J-1-206(2)(b)(ii): does not itself appropriate any money; and
Utah Code Annotated § 63J-1-206(2)(b)(iii): is not itself an item of appropriation.
Utah Code Annotated § 63J-1-206(2)(c): 63A-5b-703
Utah Code Annotated § 63J-1-206(2)(c)(i): An appropriation or any surplus of any appropriation may not be diverted from any department, agency, institution, division, or line item to any other department, agency, institution, division, or line item.
Utah Code Annotated § 63J-1-206(2)(c)(ii): 63A-5b-703 If the money appropriated to an agency to pay lease payments under the program established in Section
Utah Code Annotated § 63J-1-206(2)(c)(ii)(A): transfer money from the lease payments line item to other line items within the agency; and
Utah Code Annotated § 63J-1-206(2)(c)(ii)(B): retain and use the excess money for other purposes.
Utah Code Annotated § 63J-1-206(2)(d): The money appropriated subject to a schedule of programs or restriction may be used only for the purposes authorized.
Utah Code Annotated § 63J-1-206(2)(e): 63J-1-209 In order for a department, agency, or institution to transfer money appropriated to it from one program to another program, the department, agency, or institution shall revise its budget execution plan as provided in Section
Utah Code Annotated § 63J-1-206(2)(f): 53F-2-205
Utah Code Annotated § 63J-1-206(2)(f)(i): The procedures for transferring money between programs within a line item as provided by Subsection (2)(e) do not apply to money appropriated to the State Board of Education for the Minimum School Program or capital outlay programs created in Title 53F, Chapter 3, State Funding -- Capital Outlay Programs.
Utah Code Annotated § 63J-1-206(2)(f)(ii): 53F-2-205 The state superintendent may transfer money appropriated for the programs specified in Subsection (2)(f)(i) only as provided by Section
Utah Code Annotated § 63J-1-206(3): 53F-2-205; 63A-17-112 Notwithstanding Subsection (2)(c)(i):
Utah Code Annotated § 63J-1-206(3)(a): 53F-2-205 the state superintendent may transfer money appropriated for the Minimum School Program between line items in accordance with Section
Utah Code Annotated § 63J-1-206(3)(b): 63A-17-112 the Department of Government Operations may transfer money appropriated to another department, agency, institution, or division for the purpose of paying the costs of pay for performance under Section
Utah Code Annotated § 63J-1-207 Uniform School Fund -- Appropriations.
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Utah Code Annotated § 63J-1-207(1): Appropriations made from the General Fund to the Uniform School Fund to assist in financing the state's portion of the minimum school program, as provided by law, shall be conditioned upon available revenue.
Utah Code Annotated § 63J-1-207(2): If revenues to the General Fund are not sufficient to permit transfers to the Uniform School Fund as provided by appropriation, the state fiscal officers shall withhold transfers from the General Fund to the Uniform School Fund during the fiscal period, as in their judgment the available revenues justify until:
Utah Code Annotated § 63J-1-207(2)(a): all other appropriations made by law have been provided for;
Utah Code Annotated § 63J-1-207(2)(b): any modifications to department and agency work programs have been made; and
Utah Code Annotated § 63J-1-207(2)(c): the governor has approved the transfer.
Utah Code Annotated § 63J-1-207(3): Transfers from the General Fund to the Uniform School Fund shall be made at such times as required to equalize the property levy for each fiscal year.
Utah Code Annotated § 63J-1-207(4): If, at the end of a fiscal year, there is a deficit in the Uniform School Fund, the Division of Finance may transfer from the Income Tax Fund to the Uniform School Fund an amount equal to the deficit.
Utah Code Annotated § 63J-1-208 Conditions on appropriations binding.
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A condition that is attached to an item of appropriation that is not inconsistent with law is binding upon the recipient of the appropriation.
Utah Code Annotated § 63J-1-209 Director of finance to exercise accounting control -- Budget execution plans -- Allotments and expenditures.
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Utah Code Annotated § 63J-1-209(1): The director of finance shall exercise accounting control over all state departments, institutions, and agencies other than the Legislature and legislative committees.
Utah Code Annotated § 63J-1-209(2):
Utah Code Annotated § 63J-1-209(2)(a): The director shall require the head of each department to submit, by May 15 of each year, a budget execution plan for the next fiscal year.
Utah Code Annotated § 63J-1-209(2)(b): The director may require any department to submit a budget execution plan for any other period.
Utah Code Annotated § 63J-1-209(3): The budget execution plan shall include appropriations and all other funds from any source made available to the department for its operation and maintenance for the period and program authorized by legislation that appropriates funds.
Utah Code Annotated § 63J-1-209(4):
Utah Code Annotated § 63J-1-209(4)(a): In order to revise a budget execution plan, the department, agency, or institution seeking to revise the budget execution plan shall:
Utah Code Annotated § 63J-1-209(4)(a)(i): develop a new budget execution plan that consists of the currently approved budget execution plan and the revision sought to be made;
Utah Code Annotated § 63J-1-209(4)(a)(ii): prepare a written justification for the new budget execution plan that sets forth the purpose and necessity of the revision; and
Utah Code Annotated § 63J-1-209(4)(a)(iii): submit the new budget execution plan and the written justification for the new budget execution plan to the Division of Finance.
Utah Code Annotated § 63J-1-209(4)(b): The Division of Finance shall process the new budget execution plan with written justification and make this information available to the Governor's Office of Planning and Budget and the legislative fiscal analyst.
Utah Code Annotated § 63J-1-209(5): Upon request from the Governor's Office of Planning and Budget, the Division of Finance shall revise budget execution plans.
Utah Code Annotated § 63J-1-209(6): Title 63J, Chapter 2, Revenue Procedures and Control Act Notwithstanding the requirements of
Utah Code Annotated § 63J-1-209(7): (4) Upon transmittal of the new budget execution plan to the entities in Subsection
Utah Code Annotated § 63J-1-209(8): The Division of Finance shall, through statistical sampling methods or other means, audit all claims against the state for which an appropriation has been made.
Utah Code Annotated § 63J-1-209.5 Reporting requirements for budget execution plans for fiscal year 2021.
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Utah Code Annotated § 63J-1-209.5(1): 63J-1-209(2); 63J-1-209(2)(a); 63J-1-209(2)(a) Notwithstanding Subsection
Utah Code Annotated § 63J-1-209.5(2): This section supersedes any conflicting provisions of Utah law.
Utah Code Annotated § 63J-1-210 Restrictions on agency expenditures of money -- Lobbyists.
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Utah Code Annotated § 63J-1-210(1): As used in this section:
Utah Code Annotated § 63J-1-210(1)(a):
Utah Code Annotated § 63J-1-210(1)(a)(i): "Agency" means:
Utah Code Annotated § 63J-1-210(1)(a)(i)(A): a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state; or
Utah Code Annotated § 63J-1-210(1)(a)(i)(B): a school, a school district, or a charter school.
Utah Code Annotated § 63J-1-210(1)(a)(ii): "Agency" includes the legislative branch, the judicial branch, the Utah Board of Higher Education, the board of trustees of each higher education institution, or a higher education institution.
Utah Code Annotated § 63J-1-210(1)(b): "Contract lobbyist" means a person who is not an employee of an agency who is hired as an independent contractor by the agency to communicate with legislators or the governor for the purpose of influencing the passage, defeat, amendment, or postponement of a legislative action or an executive action.
Utah Code Annotated § 63J-1-210(1)(c): "Executive action" means action undertaken by the governor, including signing or vetoing legislation, and action undertaken by any official in the executive branch of state government.
Utah Code Annotated § 63J-1-210(1)(d): "Legislative action" means action undertaken by the Utah Legislature or any part of it.
Utah Code Annotated § 63J-1-210(2): An agency to which money is appropriated by the Legislature may not expend any money to pay a contract lobbyist.
Utah Code Annotated § 63J-1-210(3): Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act This section does not affect the provisions of
Utah Code Annotated § 63J-1-211 Appropriating from restricted accounts.
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Utah Code Annotated § 63J-1-211(1): As used in this section, "operating deficit" means that estimated General Fund or Uniform School Fund revenues are less than budgeted for the current or next fiscal year.
Utah Code Annotated § 63J-1-211(2): Notwithstanding any other statute that limits the Legislature's power to appropriate from a restricted account, if the Legislature determines that an operating deficit exists, unless prohibited by federal law or court order, the Legislature may, in eliminating the deficit, appropriate money from a restricted account into the General Fund.
Utah Code Annotated § 63J-1-212 Duplicate payment of claims prohibited.
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No claim against the state, the payment of which is provided for, shall be duplicated, and the amount of any appropriation for the payment of any such claim shall be withheld if it is covered by any other appropriation.
Utah Code Annotated § 63J-1-213 Appropriations from special funds or accounts -- Transfer by proper official only.
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Whenever appropriations are made from special funds, or a fund account, the transfer of money from those funds, or accounts, to the General Fund or any other fund for budgetary purposes shall be made by the proper state fiscal officer.
Utah Code Annotated § 63J-1-214 Warrants -- Not to be drawn until claim processed -- Redemption.
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Utah Code Annotated § 63J-1-214(1): No warrant to cover any claim against any appropriation or fund shall be drawn until such claim has been processed as provided by law.
Utah Code Annotated § 63J-1-214(2): The state treasurer shall return all redeemed warrants to the state fiscal officer for purposes of reconciliation, post-audit and verification of the state treasurer's fund balances.
Utah Code Annotated § 63J-1-215 Cash funds -- Application for account -- Preference for purchasing card accounts -- Cash advances -- Revolving fund established by law excepted -- Elimination of cash funds.
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Utah Code Annotated § 63J-1-215(1): Before any new petty cash funds may be established, the commission, department, or agency requesting the fund or funds shall apply in writing to the Division of Finance and provide:
Utah Code Annotated § 63J-1-215(1)(a): the reasons why the cash fund is needed;
Utah Code Annotated § 63J-1-215(1)(b): the amount requested; and
Utah Code Annotated § 63J-1-215(1)(c): the reasons why a purchasing card account is not sufficient to meet the needs of the commission, department, or agency.
Utah Code Annotated § 63J-1-215(2): (2)(a)
Utah Code Annotated § 63J-1-215(2)(a): The Division of Finance shall review the application and make a determination that:
Utah Code Annotated § 63J-1-215(2)(a)(i): no cash fund or purchasing card account should be established;
Utah Code Annotated § 63J-1-215(2)(a)(ii): a purchasing card account should be established; or
Utah Code Annotated § 63J-1-215(2)(a)(iii): a cash fund should be established using money in the state treasury.
Utah Code Annotated § 63J-1-215(2)(b): (2)(a) When making a determination under Subsection
Utah Code Annotated § 63J-1-215(3): Revolving funds established by law are not subject to the provisions of this section.
Utah Code Annotated § 63J-1-215(4): The Division of Finance is authorized to review and close cash funds if the division determines that a purchasing card account will adequately meet the needs of the commission, department, or agency.
Utah Code Annotated § 63J-1-216 Allotment of funds to higher education.
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Utah Code Annotated § 63J-1-216(1): The state fiscal officer may permit advances to be made from allotments to state institutions of higher education in sufficient amounts to provide necessary working bank balances to facilitate an orderly management of institutional affairs.
Utah Code Annotated § 63J-1-216(2): State institutions of higher education shall make reports, as required by the state fiscal officer, for the expenditure of funds included in any advances.
Utah Code Annotated § 63J-1-217 Overexpenditure of budget by agency -- Prorating budget income shortfall.
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Utah Code Annotated § 63J-1-217(1): Expenditures of departments, agencies, and institutions of state government shall be kept within revenues available for such expenditures.
Utah Code Annotated § 63J-1-217(2): (2)(a); 63G-9-301
Utah Code Annotated § 63J-1-217(2)(a): Line items of appropriation shall not be overexpended.
Utah Code Annotated § 63J-1-217(2)(b): (2)(a) Notwithstanding Subsection
Utah Code Annotated § 63J-1-217(2)(b)(i): the director of the Division of Finance may make payments from the line item to vendors for goods or services that were received on or before June 30; and
Utah Code Annotated § 63J-1-217(2)(b)(ii): the director of the Division of Finance shall immediately reduce the agency's line item budget in the current year by the amount of the overexpenditure.
Utah Code Annotated § 63J-1-217(2)(c): 63G-9-301 Each agency with an overexpended line item shall:
Utah Code Annotated § 63J-1-217(2)(c)(i): prepare a written report explaining the reasons for the overexpenditure; and
Utah Code Annotated § 63J-1-217(2)(c)(ii): 63G-9-301 present the report to:
Utah Code Annotated § 63J-1-217(2)(c)(ii)(A): 63G-9-301 the Board of Examiners as required by Section
Utah Code Annotated § 63J-1-217(2)(c)(ii)(B): the Office of the Legislative Fiscal Analyst.
Utah Code Annotated § 63J-1-217(3): (3); 63J-1-312; 63J-1-312; (3)(b)
Utah Code Annotated § 63J-1-217(3)(a): (3); 63J-1-312; 63J-1-312 As used in this Subsection
Utah Code Annotated § 63J-1-217(3)(a)(i): 63J-1-312 " Income Tax Fund budget deficit" has the same meaning as in Section
Utah Code Annotated § 63J-1-217(3)(a)(ii): 63J-1-312 "General Fund budget deficit" has the same meaning as in Section
Utah Code Annotated § 63J-1-217(3)(b): If an Income Tax Fund budget deficit or a General Fund budget deficit exists and the adopted estimated revenues were prepared in consensus with the Governor's Office of Planning and Budget, the governor shall:
Utah Code Annotated § 63J-1-217(3)(b)(i): direct state agencies to reduce commitments and expenditures by an amount proportionate to the amount of the deficiency; and
Utah Code Annotated § 63J-1-217(3)(b)(ii): direct the Division of Finance to reduce allotments to institutions of higher education by an amount proportionate to the amount of the deficiency.
Utah Code Annotated § 63J-1-217(3)(c): (3)(b) The governor's directions under Subsection
Utah Code Annotated § 63J-1-217(4):
Utah Code Annotated § 63J-1-217(4)(a): A department may not receive an advance of funds that cannot be covered by anticipated revenue within the budget execution plan of the fiscal year, unless the governor allocates money from the governor's emergency appropriations.
Utah Code Annotated § 63J-1-217(4)(b): All allocations made from the governor's emergency appropriations shall be reported to the budget subcommittee of the Legislative Management Committee by notifying the Office of the Legislative Fiscal Analyst at least 15 days before the effective date of the allocation.
Utah Code Annotated § 63J-1-217(4)(c): Emergency appropriations shall be allocated only to support activities having existing legislative approval and appropriation, and may not be allocated to any activity or function rejected directly or indirectly by the Legislature.
Utah Code Annotated § 63J-1-218 Reduction in federal funds -- Agencies to reduce budgets.
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In any fiscal year in which federal grants to be received by state agencies, departments, divisions, or institutions are reduced below the level estimated in the appropriations acts for that year, the programs supported by those grants must be reduced commensurate with the amount of the federal reduction unless the Legislature appropriates state funds to offset the loss in federal funding.
Utah Code Annotated § 63J-1-312 Establishing a General Fund Budget Reserve Account -- Providing for deposits and expenditures from the account -- Providing for interest generated by the account.
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Utah Code Annotated § 63J-1-312(1): As used in this section:
Utah Code Annotated § 63J-1-312(1)(a): " Income Tax Fund budget deficit" means a situation where appropriations made by the Legislature from the Income Tax Fund for a fiscal year exceed the estimated revenues adopted by the Executive Appropriations Committee of the Legislature for the Income Tax Fund in that fiscal year.
Utah Code Annotated § 63J-1-312(1)(b): "General Fund appropriations" means the sum of the spending authority for a fiscal year that is:
Utah Code Annotated § 63J-1-312(1)(b)(i): granted by the Legislature in all appropriation acts and bills; and
Utah Code Annotated § 63J-1-312(1)(b)(ii): identified as coming from the General Fund.
Utah Code Annotated § 63J-1-312(1)(c): "General Fund budget deficit" means a situation where General Fund appropriations made by the Legislature for a fiscal year exceed the estimated revenues adopted by the Executive Appropriations Committee of the Legislature for the General Fund in that fiscal year.
Utah Code Annotated § 63J-1-312(1)(d): "General Fund revenue surplus" means a situation where actual General Fund revenues collected in a completed fiscal year exceed the estimated revenues for the General Fund for that fiscal year that were adopted by the Executive Appropriations Committee of the Legislature.
Utah Code Annotated § 63J-1-312(1)(e): "Operating deficit" means that, at the end of the fiscal year, the unassigned fund balance in the General Fund is less than zero.
Utah Code Annotated § 63J-1-312(2): There is created within the General Fund a restricted account to be known as the General Fund Budget Reserve Account, which is designated to receive the legislative appropriations and the surplus revenue required to be deposited into the account by this section.
Utah Code Annotated § 63J-1-312(3): (3)(a)(ii); (3)(a); 63J-1-315; (3)(b)(ii); (3)(a)(i); (3)(b); (3)(b); (3)(b)(i); (3)(b); 63J-1-315
Utah Code Annotated § 63J-1-312(3)(a): (3)(a)(ii); (3)(a); 63J-1-315
Utah Code Annotated § 63J-1-312(3)(a)(i): (3)(a)(ii) Except as provided in Subsection
Utah Code Annotated § 63J-1-312(3)(a)(ii): If the transfer of 25% of the General Fund revenue surplus to the General Fund Budget Reserve Account would cause the balance in the account to exceed 9% of General Fund appropriations for the fiscal year in which the revenue surplus occurred, the Division of Finance shall transfer only those funds necessary to ensure that the balance in the account equals 9% of General Fund appropriations for the fiscal year in which the General Fund revenue surplus occurred.
Utah Code Annotated § 63J-1-312(3)(a)(iii): (3)(a); 63J-1-315 The Division of Finance shall calculate the amount to be transferred under this Subsection
Utah Code Annotated § 63J-1-312(3)(a)(iii)(A): 63J-1-315 after making the transfer of General Fund revenue surplus to the Medicaid Growth Reduction and Budget Stabilization Account, as provided in Section
Utah Code Annotated § 63J-1-312(3)(a)(iii)(B): before transferring from the General Fund revenue surplus any other year-end contingency appropriations, year-end set-asides, or other year-end transfers required by law; and
Utah Code Annotated § 63J-1-312(3)(a)(iii)(C): excluding any direct legislative appropriation made to the General Fund Budget Reserve Account for the fiscal year.
Utah Code Annotated § 63J-1-312(3)(b): (3)(b)(ii); (3)(a)(i); (3)(b); (3)(b); (3)(b)(i); (3)(b); 63J-1-315
Utah Code Annotated § 63J-1-312(3)(b)(i): (3)(b)(ii); (3)(a)(i); (3)(b); (3)(b) Except as provided in Subsection
Utah Code Annotated § 63J-1-312(3)(b)(ii): (3)(b)(i) If the transfer under Subsection
Utah Code Annotated § 63J-1-312(3)(b)(iii): (3)(b); 63J-1-315 The Division of Finance shall calculate the amount to be transferred under this Subsection
Utah Code Annotated § 63J-1-312(3)(b)(iii)(A): 63J-1-315 after making the transfer of General Fund revenue surplus to the Medicaid Growth Reduction and Budget Stabilization Account, as provided in Section
Utah Code Annotated § 63J-1-312(3)(b)(iii)(B): before transferring from the General Fund revenue surplus any other year-end contingency appropriations, year-end set-asides, or other year-end transfers required by law; and
Utah Code Annotated § 63J-1-312(3)(b)(iii)(C): excluding any direct legislative appropriation made to the General Fund Budget Reserve Account for the fiscal year.
Utah Code Annotated § 63J-1-312(3)(c): For appropriations made by the Legislature to the General Fund Budget Reserve Account, the Division of Finance shall treat those appropriations, unless otherwise specified in the appropriation, as replacement funds for appropriations made from the account if funds were appropriated from the General Fund Budget Reserve Account within the past 10 years and have not yet been replaced.
Utah Code Annotated § 63J-1-312(4): Title 63G, Chapter 10, State Settlement Agreements Act; 63G-9-304 The Legislature may appropriate money from the General Fund Budget Reserve Account only to:
Utah Code Annotated § 63J-1-312(4)(a): resolve a General Fund budget deficit, for the fiscal year in which the General Fund budget deficit occurs;
Utah Code Annotated § 63J-1-312(4)(b): Title 63G, Chapter 10, State Settlement Agreements Act pay some or all of state settlement agreements approved under
Utah Code Annotated § 63J-1-312(4)(c): 63G-9-304 pay claims approved under Section
Utah Code Annotated § 63J-1-312(4)(d): pay retroactive tax refunds;
Utah Code Annotated § 63J-1-312(4)(e): resolve an Income Tax Fund budget deficit; or
Utah Code Annotated § 63J-1-312(4)(f): finance an existing federally funded program or activity when:
Utah Code Annotated § 63J-1-312(4)(f)(i): the federal funds expected to fund the federal program or activity are not available to fund the program or activity; and
Utah Code Annotated § 63J-1-312(4)(f)(ii): the Legislature and governor concurrently determine that the program or activity is essential.
Utah Code Annotated § 63J-1-312(5): Interest generated from investments of money in the General Fund Budget Reserve Account shall be deposited into the General Fund.
Utah Code Annotated § 63J-1-313 Establishing an Income Tax Fund Budget Reserve Account -- Providing for deposits and expenditures from the account -- Providing for interest generated by the account.
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Utah Code Annotated § 63J-1-313(1): As used in this section:
Utah Code Annotated § 63J-1-313(1)(a): " Income Tax Fund appropriations" means the sum of the spending authority for a fiscal year that is:
Utah Code Annotated § 63J-1-313(1)(a)(i): granted by the Legislature in all appropriation acts and bills; and
Utah Code Annotated § 63J-1-313(1)(a)(ii): identified as coming from the Income Tax Fund.
Utah Code Annotated § 63J-1-313(1)(b): " Income Tax Fund budget deficit" means a situation where appropriations made by the Legislature from the Income Tax Fund for a fiscal year exceed the estimated revenues adopted by the Executive Appropriations Committee of the Legislature for the Income Tax Fund in that fiscal year.
Utah Code Annotated § 63J-1-313(1)(c): " Income Tax Fund revenue surplus" means a situation where actual Income Tax Fund revenues collected in a completed fiscal year exceed the estimated revenues for the Income Tax Fund in that fiscal year that were adopted by the Executive Appropriations Committee of the Legislature.
Utah Code Annotated § 63J-1-313(1)(d): "Operating deficit" means that, at the end of the fiscal year, the unassigned fund balance in the Income Tax Fund is less than zero.
Utah Code Annotated § 63J-1-313(2): There is created within the Income Tax Fund a restricted account to be known as the Income Tax Fund Budget Reserve Account, which is designated to receive the legislative appropriations and the surplus revenue required to be deposited into the account by this section.
Utah Code Annotated § 63J-1-313(3): (3)(a)(ii); (3)(a)(i); (3)(a); (3)(b)(ii); (3)(a)(i); (3)(b); (3)(b); (3)(b)(i); (3)(b)
Utah Code Annotated § 63J-1-313(3)(a): (3)(a)(ii); (3)(a)(i); (3)(a)
Utah Code Annotated § 63J-1-313(3)(a)(i): (3)(a)(ii) Except as provided in Subsection
Utah Code Annotated § 63J-1-313(3)(a)(ii): (3)(a)(i) If the transfer of 25% of the Income Tax Fund revenue surplus to the Income Tax Fund Budget Reserve Account under Subsection
Utah Code Annotated § 63J-1-313(3)(a)(iii): (3)(a) The Division of Finance shall calculate the amount to be transferred under this Subsection
Utah Code Annotated § 63J-1-313(3)(a)(iii)(A): before transferring from the Income Tax Fund revenue surplus any other year-end contingency appropriations, year-end set-asides, or other year-end transfers required by law; and
Utah Code Annotated § 63J-1-313(3)(a)(iii)(B): excluding any direct legislative appropriation made to the Income Tax Fund Budget Reserve Account for the fiscal year.
Utah Code Annotated § 63J-1-313(3)(b): (3)(b)(ii); (3)(a)(i); (3)(b); (3)(b); (3)(b)(i); (3)(b)
Utah Code Annotated § 63J-1-313(3)(b)(i): (3)(b)(ii); (3)(a)(i); (3)(b); (3)(b) Except as provided in Subsection
Utah Code Annotated § 63J-1-313(3)(b)(ii): (3)(b)(i) If the transfer under Subsection
Utah Code Annotated § 63J-1-313(3)(b)(iii): (3)(b) The Division of Finance shall calculate the amount to be transferred under this Subsection
Utah Code Annotated § 63J-1-313(3)(b)(iii)(A): before transferring from the Income Tax Fund revenue surplus any other year-end contingency appropriations, year-end set-asides, or other year-end transfers required by law; and
Utah Code Annotated § 63J-1-313(3)(b)(iii)(B): excluding any direct legislative appropriation made to the Income Tax Fund Budget Reserve Account for the fiscal year.
Utah Code Annotated § 63J-1-313(3)(c): For appropriations made by the Legislature to the Income Tax Fund Budget Reserve Account, the Division of Finance shall treat those appropriations, unless specified otherwise in the appropriation, as replacement funds for appropriations made from the account if funds were appropriated from the account within the past 10 years and have not yet been replaced.
Utah Code Annotated § 63J-1-313(4): (3) Notwithstanding Subsection
Utah Code Annotated § 63J-1-313(5): The Legislature may appropriate money from the Income Tax Fund Budget Reserve Account only to resolve an Income Tax Fund budget deficit.
Utah Code Annotated § 63J-1-313(6): Interest generated from investments of money in the Income Tax Fund Budget Reserve Account shall be deposited into the Income Tax Fund.
Utah Code Annotated § 63J-1-314 Deposits related to the Wildland Fire Suppression Fund and the Disaster Recovery Funding Act -- Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund.
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Utah Code Annotated § 63J-1-314(1): As used in this section, "operating deficit" means that, at the end of the fiscal year, the unassigned fund balance in the General Fund is less than zero.
Utah Code Annotated § 63J-1-314(2): (3); (4); 63J-1-315; 63J-1-312; 65A-8-204; (2)(a); 65A-8-215; 53-2a-603; 63J-1-312; 63J-1-315; 63J-1-312; (2)(a); (2)(c)(i); (2)(c)(ii); (2)(c)(i); (2)(c)(iii); (2)(c)(iii) Except as provided under Subsections
Utah Code Annotated § 63J-1-314(2)(a): 65A-8-204 to the Wildland Fire Suppression Fund created in Section
Utah Code Annotated § 63J-1-314(2)(a)(i): $4,000,000; or
Utah Code Annotated § 63J-1-314(2)(a)(ii): an amount necessary to make the balance in the Wildland Fire Suppression Fund equal to $12,000,000;
Utah Code Annotated § 63J-1-314(2)(b): (2)(a); 65A-8-215 if no money is transferred to the Wildland Fire Suppression Fund under Subsection
Utah Code Annotated § 63J-1-314(2)(b)(i): $4,000,000; and
Utah Code Annotated § 63J-1-314(2)(b)(ii): the amount necessary to make the balance in the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund equal to $12,000,000; and
Utah Code Annotated § 63J-1-314(2)(c): 53-2a-603; 63J-1-312; 63J-1-315; 63J-1-312; (2)(a); (2)(c)(i); (2)(c)(ii); (2)(c)(i); (2)(c)(iii); (2)(c)(iii) an amount into the State Disaster Recovery Restricted Account, created in Section
Utah Code Annotated § 63J-1-314(2)(c)(i): 63J-1-315; 63J-1-312; (2)(a) determining the amount of General Fund revenue surplus after the transfer to the Medicaid Growth Reduction and Budget Stabilization Account under Section
Utah Code Annotated § 63J-1-314(2)(c)(ii): (2)(c)(i) calculating an amount equal to the lesser of:
Utah Code Annotated § 63J-1-314(2)(c)(ii)(A): (2)(c)(i) 25% of the amount determined under Subsection
Utah Code Annotated § 63J-1-314(2)(c)(ii)(B): 6% of the total of the General Fund appropriation amount for the fiscal year in which the surplus occurs; and
Utah Code Annotated § 63J-1-314(2)(c)(iii): (2)(c)(ii); (2)(c)(i); (2)(c)(iii); (2)(c)(iii) adding to the amount calculated under Subsection
Utah Code Annotated § 63J-1-314(2)(c)(iii)(A): (2)(c)(i) 25% more of the amount described in Subsection
Utah Code Annotated § 63J-1-314(2)(c)(iii)(B): (2)(c)(iii); (2)(c)(iii) the amount necessary to replace, in accordance with this Subsection
Utah Code Annotated § 63J-1-314(2)(c)(iii)(B)(I): a surplus exists; and
Utah Code Annotated § 63J-1-314(2)(c)(iii)(B)(II): (2)(c)(iii) the Legislature appropriates money from the State Disaster Recovery Restricted Account that is not replaced by appropriation or as provided in this Subsection
Utah Code Annotated § 63J-1-314(3): (2); (3)(a)
Utah Code Annotated § 63J-1-314(3)(a): (2) Notwithstanding Subsection
Utah Code Annotated § 63J-1-314(3)(b): (3)(a) If, after reducing the transfer to the State Disaster Recovery Account to zero under Subsection
Utah Code Annotated § 63J-1-314(4): (2); (2)(c)(ii); (2)(c); (2) Notwithstanding Subsection
Utah Code Annotated § 63J-1-314(4)(a): (2)(c)(ii) for the period beginning July 1, 2015, and ending June 30, 2020, the Division of Finance shall transfer to the Local Government Emergency Response Loan Fund 25% of the amount to be transferred into the State Disaster Recovery Restricted Account as provided in Subsection
Utah Code Annotated § 63J-1-314(4)(b): (2)(c) on and after July 1, 2020, the Division of Finance shall transfer to the Local Government Emergency Response Loan Fund 10% of the amount to be transferred into the State Disaster Recovery Restricted Account as provided in Subsection
Utah Code Annotated § 63J-1-314(4)(c): (2) on and after July 1, 2023, the Division of Finance shall transfer to the Response, Recovery, and Post-disaster Mitigation Restricted Account 25% of the amount to be transferred into the State Disaster Recovery Restricted Account as provided in Subsection
Utah Code Annotated § 63J-1-315 Medicaid Growth Reduction and Budget Stabilization Account -- Transfers of Medicaid growth savings -- Base budget adjustments.
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Utah Code Annotated § 63J-1-315(1): 26B-1-201; 26B-3-102; 26B-3-101 As used in this section:
Utah Code Annotated § 63J-1-315(1)(a): 26B-1-201 "Department" means the Department of Health and Human Services created in Section
Utah Code Annotated § 63J-1-315(1)(b): 26B-3-102 "Division" means the Division of Integrated Healthcare created in Section
Utah Code Annotated § 63J-1-315(1)(c): "General Fund revenue surplus" means a situation where actual General Fund revenues collected in a completed fiscal year exceed the estimated revenues for the General Fund for that fiscal year that were adopted by the Executive Appropriations Committee of the Legislature.
Utah Code Annotated § 63J-1-315(1)(d): "Medicaid growth savings" means the Medicaid growth target minus Medicaid program expenditures, if Medicaid program expenditures are less than the Medicaid growth target.
Utah Code Annotated § 63J-1-315(1)(e): "Medicaid growth target" means Medicaid program expenditures for the previous year multiplied by 1.08.
Utah Code Annotated § 63J-1-315(1)(f): 26B-3-101 "Medicaid program" is as defined in Section
Utah Code Annotated § 63J-1-315(1)(g): "Medicaid program expenditures" means total state revenue expended for the Medicaid program from the General Fund, including restricted accounts within the General Fund, during a fiscal year.
Utah Code Annotated § 63J-1-315(1)(h): "Medicaid program expenditures for the previous year" means total state revenue expended for the Medicaid program from the General Fund, including restricted accounts within the General Fund, during the fiscal year immediately preceding a fiscal year for which Medicaid program expenditures are calculated.
Utah Code Annotated § 63J-1-315(1)(i): "Operating deficit" means that, at the end of the fiscal year, the unassigned fund balance in the General Fund is less than zero.
Utah Code Annotated § 63J-1-315(1)(j): "State revenue" means revenue other than federal revenue.
Utah Code Annotated § 63J-1-315(1)(k): "State revenue expended for the Medicaid program" includes money transferred or appropriated to the Medicaid Growth Reduction and Budget Stabilization Account only to the extent the money is appropriated for the Medicaid program by the Legislature.
Utah Code Annotated § 63J-1-315(2): There is created within the General Fund a restricted account to be known as the Medicaid Growth Reduction and Budget Stabilization Account.
Utah Code Annotated § 63J-1-315(3): 17B-2a-818.5; 19-1-206; 63A-5b-607; 63C-9-403; 72-6-107.5; 79-2-404; 26B-1-309
Utah Code Annotated § 63J-1-315(3)(a): 17B-2a-818.5; 19-1-206; 63A-5b-607; 63C-9-403; 72-6-107.5; 79-2-404; 26B-1-309 The following shall be deposited into the Medicaid Growth Reduction and Budget Stabilization Account:
Utah Code Annotated § 63J-1-315(3)(a)(i): deposits described in Subsection (4);
Utah Code Annotated § 63J-1-315(3)(a)(ii): beginning July 1, 2024, any general funds appropriated to the department for the state plan for medical assistance or for Medicaid administration by the Division of Integrated Healthcare that are not expended by the department in the fiscal year for which the general funds were appropriated and which are not otherwise designated as nonlapsing shall lapse into the Medicaid Growth Reduction and Budget Stabilization Account;
Utah Code Annotated § 63J-1-315(3)(a)(iii): beginning July 1, 2024, any unused state funds that are associated with the Medicaid program from the Department of Workforce Services;
Utah Code Annotated § 63J-1-315(3)(a)(iv): 17B-2a-818.5; 19-1-206; 63A-5b-607; 63C-9-403; 72-6-107.5; 79-2-404 beginning July 1, 2024, any penalties imposed and collected under:
Utah Code Annotated § 63J-1-315(3)(a)(iv)(A): 17B-2a-818.5 Section
Utah Code Annotated § 63J-1-315(3)(a)(iv)(B): 19-1-206 Section
Utah Code Annotated § 63J-1-315(3)(a)(iv)(C): 63A-5b-607 Section
Utah Code Annotated § 63J-1-315(3)(a)(iv)(D): 63C-9-403 Section
Utah Code Annotated § 63J-1-315(3)(a)(iv)(E): 72-6-107.5 Section
Utah Code Annotated § 63J-1-315(3)(a)(iv)(F): 79-2-404 Section
Utah Code Annotated § 63J-1-315(3)(a)(v): 26B-1-309 at the close of fiscal year 2024, the Division of Finance shall transfer any existing balance in the Medicaid Restricted Account created in Section
Utah Code Annotated § 63J-1-315(3)(b): In addition to the deposits described in Subsection (3)(a), the Legislature may appropriate money into the Medicaid Growth Reduction and Budget Stabilization Account.
Utah Code Annotated § 63J-1-315(4): 26B-3-202
Utah Code Annotated § 63J-1-315(4)(a):
Utah Code Annotated § 63J-1-315(4)(a)(i): Except as provided in Subsection (7), if, at the end of a fiscal year, there is a General Fund revenue surplus, the Division of Finance shall transfer an amount equal to Medicaid growth savings from the General Fund to the Medicaid Growth Reduction and Budget Stabilization Account.
Utah Code Annotated § 63J-1-315(4)(a)(ii): If the amount transferred is reduced to prevent an operating deficit, as provided in Subsection (7), the Legislature shall include, to the extent revenue is available, an amount equal to the reduction as an appropriation from the General Fund to the account in the base budget for the second fiscal year following the fiscal year for which the reduction was made.
Utah Code Annotated § 63J-1-315(4)(b): If, at the end of a fiscal year, there is not a General Fund revenue surplus, the Legislature shall include, to the extent revenue is available, an amount equal to Medicaid growth savings as an appropriation from the General Fund to the account in the base budget for the second fiscal year following the fiscal year for which the reduction was made.
Utah Code Annotated § 63J-1-315(4)(c): 26B-3-202 Subsections (4)(a) and (4)(b) apply only to the fiscal year in which the department implements the proposal developed under Section
Utah Code Annotated § 63J-1-315(5): 63J-1-312; 65A-8-204; 63J-1-314; 63J-1-314; 63J-1-314; 63N-3-106 The Division of Finance shall calculate the amount to be transferred under Subsection (4):
Utah Code Annotated § 63J-1-315(5)(a): 63J-1-312; 65A-8-204; 63J-1-314; 63J-1-314; 63J-1-314 before transferring revenue from the General Fund revenue surplus to:
Utah Code Annotated § 63J-1-315(5)(a)(i): 63J-1-312 the General Fund Budget Reserve Account under Section
Utah Code Annotated § 63J-1-315(5)(a)(ii): 65A-8-204; 63J-1-314; 63J-1-314
Utah Code Annotated § 63J-1-315(5)(a)(ii)(A): 65A-8-204; 63J-1-314 the Wildland Fire Suppression Fund created in Section
Utah Code Annotated § 63J-1-315(5)(a)(ii)(B): 63J-1-314 the Wildland-urban Interface Prevention, Preparedness, and Mitigation Fund under Section
Utah Code Annotated § 63J-1-315(5)(a)(iii): 63J-1-314 the State Disaster Recovery Restricted Account under Section
Utah Code Annotated § 63J-1-315(5)(b): 63N-3-106 before earmarking revenue from the General Fund revenue surplus to the Industrial Assistance Account under Section
Utah Code Annotated § 63J-1-315(5)(c): before making any other year-end contingency appropriations, year-end set-asides, or other year-end transfers required by law.
Utah Code Annotated § 63J-1-315(6):
Utah Code Annotated § 63J-1-315(6)(a): If, at the close of any fiscal year, there appears to be insufficient money to pay additional debt service for any bonded debt authorized by the Legislature, the Division of Finance may hold back from any General Fund revenue surplus money sufficient to pay the additional debt service requirements resulting from issuance of bonded debt that was authorized by the Legislature.
Utah Code Annotated § 63J-1-315(6)(b): The Division of Finance may not spend the hold back amount for debt service under Subsection (6)(a) unless and until it is appropriated by the Legislature.
Utah Code Annotated § 63J-1-315(6)(c): If, after calculating the amount for transfer under Subsection (4), the remaining General Fund revenue surplus is insufficient to cover the hold back for debt service required by Subsection (6)(a), the Division of Finance shall reduce the transfer to the Medicaid Growth Reduction and Budget Stabilization Account by the amount necessary to cover the debt service hold back.
Utah Code Annotated § 63J-1-315(6)(d): Notwithstanding Subsections (4) and (5), the Division of Finance shall hold back the General Fund balance for debt service authorized by this Subsection (6) before making any transfers to the Medicaid Growth Reduction and Budget Stabilization Account or any other designation or allocation of General Fund revenue surplus.
Utah Code Annotated § 63J-1-315(7): 63N-3-106; 63J-1-314; 63J-1-312 Notwithstanding Subsections (4) and (5), if, at the end of a fiscal year, the Division of Finance determines that an operating deficit exists and that holding back earmarks to the Industrial Assistance Account under Section
Utah Code Annotated § 63J-1-315(8): The Legislature may appropriate money from the Medicaid Growth Reduction and Budget Stabilization Account only:
Utah Code Annotated § 63J-1-315(8)(a): for the Medicaid program; and
Utah Code Annotated § 63J-1-315(8)(b):
Utah Code Annotated § 63J-1-315(8)(b)(i): if Medicaid program expenditures for the fiscal year for which the appropriation is made are estimated to be 108% or more of Medicaid program expenditures for the previous year; or
Utah Code Annotated § 63J-1-315(8)(b)(ii): if the amount of the appropriation is equal to or less than the balance in the Medicaid Growth Reduction and Budget Stabilization Account that comprises deposits described in Subsections (3)(a)(ii) through (v) and appropriations described in Subsection (3)(b).
Utah Code Annotated § 63J-1-315(9): The Division of Finance shall deposit interest or other earnings derived from investment of Medicaid Growth Reduction and Budget Stabilization Account money into the General Fund.
Utah Code Annotated § 63J-1-410 Internal service funds -- Governance and review.
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Utah Code Annotated § 63J-1-410(1): 63A-3-205 For purposes of this section:
Utah Code Annotated § 63J-1-410(1)(a): "Agency" means a department, division, office, bureau, or other unit of state government, and includes any subdivision of an agency.
Utah Code Annotated § 63J-1-410(1)(b): "Do not replace vehicles" means a vehicle accounted for in the Division of Fleet Operations for which charges to an agency for its use do not include amounts to cover depreciation or to accumulate assets to replace the vehicle at the end of its useful life.
Utah Code Annotated § 63J-1-410(1)(c): "Internal service fund agency" means an agency that provides goods or services to other agencies of state government or to other governmental units on a capital maintenance and cost reimbursement basis, and which recovers costs through interagency billings.
Utah Code Annotated § 63J-1-410(1)(d): 63A-3-205 "Revolving loan fund" means each of the revolving loan funds defined in Section
Utah Code Annotated § 63J-1-410(2): An internal service fund agency is not subject to this section with respect to its administration of a revolving loan fund.
Utah Code Annotated § 63J-1-410(3): (3)(a); (3)(a); (4)(b); (3)(a); (4)(b)
Utah Code Annotated § 63J-1-410(3)(a): An internal service fund agency may not bill another agency for services that it provides for each internal service fund operated by the agency, unless the Legislature has:
Utah Code Annotated § 63J-1-410(3)(a)(i): reviewed and approved each internal service fund's budget request;
Utah Code Annotated § 63J-1-410(3)(a)(ii): reviewed and approved each internal service fund's rates, fees, and other amounts that it charges those who use its services and included those rates, fees, and amounts in an appropriation act;
Utah Code Annotated § 63J-1-410(3)(a)(iii): approved the number of full-time, permanent positions of each internal service fund as part of the annual appropriation process;
Utah Code Annotated § 63J-1-410(3)(a)(iv): review the number of full-time equivalent contract employees of each internal service fund as part of the annual appropriation process; and
Utah Code Annotated § 63J-1-410(3)(a)(v): appropriated to the internal service fund agency each internal service fund's estimated revenue based upon the rates and fee structure that are the basis for the estimate.
Utah Code Annotated § 63J-1-410(3)(b): (3)(a) If an internal service fund agency operates more than one internal service fund within the internal service fund agency, the internal service fund agency shall comply with the review and approval requirements under Subsection
Utah Code Annotated § 63J-1-410(3)(c): (3)(a); (4)(b); (3)(a); (4)(b) If an internal service fund agency operates an internal service fund and does not get the approvals required under Subsection
Utah Code Annotated § 63J-1-410(4): (4)(b); (4)(b)(i)(A); (B); (4)(b)(i); (4)(b)(i)
Utah Code Annotated § 63J-1-410(4)(a): (4)(b) Except as provided in Subsection
Utah Code Annotated § 63J-1-410(4)(b): (4)(b)(i)(A); (B); (4)(b)(i); (4)(b)(i)
Utah Code Annotated § 63J-1-410(4)(b)(i): (4)(b)(i)(A); (B) An internal service fund agency that begins a new service or introduces a new product between annual general sessions of the Legislature may, for that service or product:
Utah Code Annotated § 63J-1-410(4)(b)(i)(A): establish and charge an interim rate or amount;
Utah Code Annotated § 63J-1-410(4)(b)(i)(B): acquire contract employees, if necessary; or
Utah Code Annotated § 63J-1-410(4)(b)(i)(C): (4)(b)(i)(A); (B) do a combination of Subsections
Utah Code Annotated § 63J-1-410(4)(b)(ii): (4)(b)(i); (4)(b)(i) The internal service fund agency shall:
Utah Code Annotated § 63J-1-410(4)(b)(ii)(A): (4)(b)(i) submit the interim rate or amount under Subsection
Utah Code Annotated § 63J-1-410(4)(b)(ii)(B): (4)(b)(i) report any change in the number of contract employees under Subsection
Utah Code Annotated § 63J-1-410(5): The internal service fund agency budget request shall separately identify the capital needs and the related capital budget.
Utah Code Annotated § 63J-1-410(6): 51-5-6(2) In the fiscal year that the accounting change referred to in Subsection
Utah Code Annotated § 63J-1-410(7): No new internal service fund agency may be established unless reviewed and approved by the Legislature.
Utah Code Annotated § 63J-1-410(8): (8)(f); (6); (8)(f)(ii); (8)(f)(iii)
Utah Code Annotated § 63J-1-410(8)(a): (8)(f) Except as provided in Subsection
Utah Code Annotated § 63J-1-410(8)(b): (6) An internal service fund agency may not acquire capital assets after the transfer mandated by Subsection
Utah Code Annotated § 63J-1-410(8)(c): The internal service fund agency shall provide working capital from the following sources in the following order:
Utah Code Annotated § 63J-1-410(8)(c)(i): first, from operating revenues to the extent allowed by state rules and federal regulations;
Utah Code Annotated § 63J-1-410(8)(c)(ii): second, from long-term debt, subject to the restrictions of this section; and
Utah Code Annotated § 63J-1-410(8)(c)(iii): last, from an appropriation.
Utah Code Annotated § 63J-1-410(8)(d):
Utah Code Annotated § 63J-1-410(8)(d)(i): To eliminate negative working capital, an internal service fund agency may incur long-term debt from the General Fund or Special Revenue Funds to acquire capital assets.
Utah Code Annotated § 63J-1-410(8)(d)(ii): The internal service fund agency shall repay all long-term debt borrowed from the General Fund or Special Revenue Funds by making regular payments over the useful life of the asset according to the asset's depreciation schedule.
Utah Code Annotated § 63J-1-410(8)(e):
Utah Code Annotated § 63J-1-410(8)(e)(i): The Division of Finance may not allow an internal service fund agency's borrowing to exceed 90% of the net book value of the agency's capital assets as of the end of the fiscal year.
Utah Code Annotated § 63J-1-410(8)(e)(ii): If an internal service fund agency wishes to purchase authorized assets or enter into equipment leases that would increase its borrowing beyond 90% of the net book value of the agency's capital assets, the agency may purchase those assets only with money appropriated from another fund, such as the General Fund or a special revenue fund.
Utah Code Annotated § 63J-1-410(8)(f): (8)(f)(ii); (8)(f)(iii)
Utah Code Annotated § 63J-1-410(8)(f)(i): (8)(f)(ii) Except as provided in Subsection
Utah Code Annotated § 63J-1-410(8)(f)(ii): Vehicles acquired by agencies from appropriated funds or money appropriated to agencies to be used for vehicle purchases may be transferred to the Division of Fleet Operations and, when transferred, become part of the Fleet Operations Internal Service Fund.
Utah Code Annotated § 63J-1-410(8)(f)(iii): Vehicles acquired with funding from sources other than state appropriations or acquired through the federal surplus property donation program may be transferred to the Division of Fleet Operations and, when transferred, become part of the Fleet Operations Internal Service Fund.
Utah Code Annotated § 63J-1-410(8)(f)(iv): (8)(f)(iii) Unless otherwise approved by the Legislature, vehicles acquired under Subsection
Utah Code Annotated § 63J-1-410(9): The Division of Finance shall adopt policies and procedures related to the accounting for assets, liabilities, equity, revenues, expenditures, and transfers of internal service funds agencies.
Utah Code Annotated § 63J-1-411 Internal service funds -- End of fiscal year -- Unused authority for capital acquisition.
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Utah Code Annotated § 63J-1-411(1): 63J-1-410(8)(a); (2) An internal service fund agency's authority to acquire capital assets under Subsection
Utah Code Annotated § 63J-1-411(1)(a): for a specific one-time project and a limited period of time in the Legislature's initial appropriation to the agency; or
Utah Code Annotated § 63J-1-411(1)(b): (2) in a supplemental appropriation in accordance with Subsection
Utah Code Annotated § 63J-1-411(2):
Utah Code Annotated § 63J-1-411(2)(a): An internal service fund agency's authority to acquire capital assets may be retained as nonlapsing authorization if the internal service fund agency includes a one-time project's list as part of the budget request that it submits to the governor and the Legislature at the annual general session of the Legislature immediately before the end of the fiscal year in which the agency may have unused capital acquisition authority.
Utah Code Annotated § 63J-1-411(2)(b): The governor:
Utah Code Annotated § 63J-1-411(2)(b)(i): may approve some or all of the items from an agency's one-time project's list; and
Utah Code Annotated § 63J-1-411(2)(b)(ii): shall identify and prioritize any approved one-time projects in the budget that the governor submits to the Legislature.
Utah Code Annotated § 63J-1-411(2)(c): The Legislature:
Utah Code Annotated § 63J-1-411(2)(c)(i): may approve some or all of the specific items from an agency's one-time project's list as an approved capital acquisition for an agency's appropriation balance;
Utah Code Annotated § 63J-1-411(2)(c)(ii): shall identify any authorized one-time projects in the appropriate line item appropriation; and
Utah Code Annotated § 63J-1-411(2)(c)(iii): may prioritize one-time projects in intent language.
Utah Code Annotated § 63J-1-411(3): 63J-1-201 An internal service fund agency shall submit a status report of outstanding nonlapsing authority to acquire capital assets and associated one-time projects to the Governor's Office of Planning and Budget and the Legislative Fiscal Analyst's Office with the proposed budget submitted by the governor as provided under Section
Utah Code Annotated § 63J-1-504 Fees -- Adoption, procedure, and approval -- Establishing and assessing fees without legislative approval -- Report summarizing fees.
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Utah Code Annotated § 63J-1-504(1): 78A-2-310 As used in this section:
Utah Code Annotated § 63J-1-504(1)(a): 78A-2-310
Utah Code Annotated § 63J-1-504(1)(a)(i): "Agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
Utah Code Annotated § 63J-1-504(1)(a)(ii): 78A-2-310 "Agency" does not include:
Utah Code Annotated § 63J-1-504(1)(a)(ii)(A): the Legislature or a committee or staff office of the Legislature; or
Utah Code Annotated § 63J-1-504(1)(a)(ii)(B): 78A-2-310 the Judiciary, as that term is defined in Section
Utah Code Annotated § 63J-1-504(1)(b): "Agency's cost" means all of a fee agency's direct and indirect costs and expenses for providing the goods or service for which the fee agency charges a fee or for regulating the industry in which the persons paying the fee operate, including:
Utah Code Annotated § 63J-1-504(1)(b)(i): salaries, benefits, contracted labor costs, travel expenses, training expenses, equipment and material costs, depreciation expense, utility costs, and other overhead costs; and
Utah Code Annotated § 63J-1-504(1)(b)(ii): costs and expenses for administering the fee.
Utah Code Annotated § 63J-1-504(1)(c): "Fee agency" means an agency that is authorized to establish and charge a service fee or a regulatory fee.
Utah Code Annotated § 63J-1-504(1)(d): "Fee schedule" means the complete list of service fees and regulatory fees charged by a fee agency and the amount of those fees.
Utah Code Annotated § 63J-1-504(1)(e): "Regulatory fee" means a fee that a fee agency charges to cover the agency's cost of regulating the industry in which the persons paying the fee operate.
Utah Code Annotated § 63J-1-504(1)(f): "Service fee" means a fee that a fee agency charges to cover the agency's cost of providing the goods or service for which the fee is charged.
Utah Code Annotated § 63J-1-504(2):
Utah Code Annotated § 63J-1-504(2)(a): A fee agency that charges or intends to charge a service fee or regulatory fee shall adopt a fee schedule.
Utah Code Annotated § 63J-1-504(2)(b): A service fee or regulatory fee that a fee agency charges shall:
Utah Code Annotated § 63J-1-504(2)(b)(i): be reasonable and fair;
Utah Code Annotated § 63J-1-504(2)(b)(ii): reflect and be based on the agency's cost for the fee; and
Utah Code Annotated § 63J-1-504(2)(b)(iii): be established according to a cost formula determined by the executive director of the Governor's Office of Planning and Budget and the director of the Division of Finance in conjunction with the fee agency seeking to establish the fee.
Utah Code Annotated § 63J-1-504(3): (7) Except as provided in Subsection
Utah Code Annotated § 63J-1-504(3)(a): set fees by rule; or
Utah Code Annotated § 63J-1-504(3)(b): create, change, or collect any fee unless the fee has been established according to the procedures and requirements of this section.
Utah Code Annotated § 63J-1-504(4): Title 52, Chapter 4, Open and Public Meetings Act; (8) Each fee agency that is proposing a new fee or proposing to change a fee shall:
Utah Code Annotated § 63J-1-504(4)(a): Title 52, Chapter 4, Open and Public Meetings Act present each proposed fee at a public hearing, subject to the requirements of
Utah Code Annotated § 63J-1-504(4)(b): increase, decrease, or affirm each proposed fee based on the results of the public hearing;
Utah Code Annotated § 63J-1-504(4)(c): (8) except as provided in Subsection
Utah Code Annotated § 63J-1-504(4)(d): modify the fee schedule as necessary to implement the Legislature's actions.
Utah Code Annotated § 63J-1-504(5): (5)(a)
Utah Code Annotated § 63J-1-504(5)(a): No later than November 30, 2022, the Governor's Office of Planning and Budget and the Division of Finance shall submit a report to the Infrastructure and General Government Appropriations Subcommittee of the Legislature.
Utah Code Annotated § 63J-1-504(5)(b): (5)(a) A report under Subsection
Utah Code Annotated § 63J-1-504(5)(b)(i): provide a summary of:
Utah Code Annotated § 63J-1-504(5)(b)(i)(A): the types of service fees and regulatory fees included in the fee schedules of all fee agencies;
Utah Code Annotated § 63J-1-504(5)(b)(i)(B): the methods used by fee agencies to determine the amount of fees;
Utah Code Annotated § 63J-1-504(5)(b)(i)(C): each estimated agency's cost related to each fee;
Utah Code Annotated § 63J-1-504(5)(b)(i)(D): whether a fee is intended to cover the agency's cost related to the fee;
Utah Code Annotated § 63J-1-504(5)(b)(i)(E): whether the fee agency intends to subsidize the fee to cover the agency's cost related to the fee and, if so, the fee agency's justification for the subsidy; and
Utah Code Annotated § 63J-1-504(5)(b)(i)(F): whether the fee agency set the fee at an amount that exceeds the agency's cost related to the fee and, if so, the fee agency's justification for the excess fee; and
Utah Code Annotated § 63J-1-504(5)(b)(ii): include any recommendations for improving the process described in this section.
Utah Code Annotated § 63J-1-504(6):
Utah Code Annotated § 63J-1-504(6)(a): A fee agency shall submit the fee agency's fee schedule to the Legislature for the Legislature's approval on an annual basis.
Utah Code Annotated § 63J-1-504(6)(b): The Legislature may approve, increase or decrease and approve, or reject any fee submitted to it by a fee agency.
Utah Code Annotated § 63J-1-504(7): After conducting the public hearing required by this section, a fee agency may establish and assess fees without first obtaining legislative approval if:
Utah Code Annotated § 63J-1-504(7)(a):
Utah Code Annotated § 63J-1-504(7)(a)(i): the Legislature creates a new program that is to be funded by fees to be set by the Legislature;
Utah Code Annotated § 63J-1-504(7)(a)(ii): the new program's effective date is before the Legislature's next annual general session; and
Utah Code Annotated § 63J-1-504(7)(a)(iii): the fee agency submits the fee schedule for the new program to the Legislature for its approval at a special session, if allowed in the governor's call, or at the next annual general session of the Legislature, whichever is sooner; or
Utah Code Annotated § 63J-1-504(7)(b):
Utah Code Annotated § 63J-1-504(7)(b)(i): the fee agency proposes to increase or decrease an existing fee for the purpose of adding or removing a transactional fee that is charged or assessed by a non-governmental third party but is included as part of the fee charged by the fee agency;
Utah Code Annotated § 63J-1-504(7)(b)(ii): the amount of the increase or decrease in the fee is equal to the amount of the transactional fee charged or assessed by the non-governmental third party; and
Utah Code Annotated § 63J-1-504(7)(b)(iii): the increased or decreased fee is submitted to the Legislature for the Legislature's approval at a special session, if allowed in the governor's call, or at the next annual session of the Legislature, whichever is sooner.
Utah Code Annotated § 63J-1-504(8): (8)(a)
Utah Code Annotated § 63J-1-504(8)(a): A fee agency that intends to change any fee shall submit to the governor, as part of the agency's annual appropriation request a list that identifies:
Utah Code Annotated § 63J-1-504(8)(a)(i): the title or purpose of the fee;
Utah Code Annotated § 63J-1-504(8)(a)(ii): the present amount of the fee;
Utah Code Annotated § 63J-1-504(8)(a)(iii): the proposed new amount of the fee;
Utah Code Annotated § 63J-1-504(8)(a)(iv): the percent that the fee will have increased if the Legislature approves the higher fee;
Utah Code Annotated § 63J-1-504(8)(a)(v): the estimated total annual revenue and total estimated annual revenue change that will result from the changed fee;
Utah Code Annotated § 63J-1-504(8)(a)(vi): the account or fund into which the fee will be deposited;
Utah Code Annotated § 63J-1-504(8)(a)(vii): the reason for the change in the fee;
Utah Code Annotated § 63J-1-504(8)(a)(viii): the estimated number of persons to be charged the fee;
Utah Code Annotated § 63J-1-504(8)(a)(ix): the estimated agency's cost related to the fee;
Utah Code Annotated § 63J-1-504(8)(a)(x): whether the fee is a service fee or a regulatory fee;
Utah Code Annotated § 63J-1-504(8)(a)(xi): whether the fee is intended to cover the agency's cost related to the fee;
Utah Code Annotated § 63J-1-504(8)(a)(xii): whether the fee agency intends to subsidize the fee to cover the agency's cost related to the fee and, if so, the fee agency's justification for the subsidy; and
Utah Code Annotated § 63J-1-504(8)(a)(xiii): whether the fee agency set the fee at an amount that exceeds the agency's cost related to the fee and, if so, the fee agency's justification for the excess fee.
Utah Code Annotated § 63J-1-504(8)(b): (8)(a)
Utah Code Annotated § 63J-1-504(8)(b)(i): The governor may review and approve, modify and approve, or reject the fee increases.
Utah Code Annotated § 63J-1-504(8)(b)(ii): (8)(a) The governor shall transmit the list required by Subsection
Utah Code Annotated § 63J-1-504(8)(c): Bills approving any fee change shall be filed before the beginning of the Legislature's annual general session, if possible.
Utah Code Annotated § 63J-1-504(9): (9)(b); 53C-1-201
Utah Code Annotated § 63J-1-504(9)(a): (9)(b); 53C-1-201 Except as provided in Subsection
Utah Code Annotated § 63J-1-504(9)(b): The following fees of the School and Institutional Trust Lands Administration are subject to the requirements of this section: application, assignment, amendment, affidavit for lost documents, name change, reinstatement, grazing nonuse, extension of time, partial conveyance, patent reissue, collateral assignment, electronic payment, and processing.
Utah Code Annotated § 63J-1-505 Payment of fees prerequisite to service -- Exception.
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Utah Code Annotated § 63J-1-505(1):
Utah Code Annotated § 63J-1-505(1)(a): State and county officers required by law to charge fees may not perform any official service unless the fees prescribed for that service are paid in advance.
Utah Code Annotated § 63J-1-505(1)(b): When the fee is paid, the officer shall perform the services required.
Utah Code Annotated § 63J-1-505(1)(c): An officer is liable upon the officer's official bond for every failure or refusal to perform an official duty when the fees are tendered.
Utah Code Annotated § 63J-1-505(2): (2)(b); 11-42-205; 11-42a-302; 57-3-106; 78A-7-105; 73-2-14
Utah Code Annotated § 63J-1-505(2)(a): (2)(b) Except as provided in Subsection
Utah Code Annotated § 63J-1-505(2)(a)(i): to the officer's state, or any county or subdivision of the state;
Utah Code Annotated § 63J-1-505(2)(a)(ii): to any public officer acting for the state, county, or subdivision;
Utah Code Annotated § 63J-1-505(2)(a)(iii): in cases of habeas corpus;
Utah Code Annotated § 63J-1-505(2)(a)(iv): in criminal causes before final judgment;
Utah Code Annotated § 63J-1-505(2)(a)(v): for administering and certifying the oath of office;
Utah Code Annotated § 63J-1-505(2)(a)(vi): for swearing pensioners and their witnesses; or
Utah Code Annotated § 63J-1-505(2)(a)(vii): for filing and recording bonds of public officers.
Utah Code Annotated § 63J-1-505(2)(b): 11-42-205; 11-42a-302; 57-3-106; 78A-7-105; 73-2-14 Fees may be charged for payment:
Utah Code Annotated § 63J-1-505(2)(b)(i): 11-42-205; 11-42a-302 of recording fees for assessment area recordings in compliance with Sections
Utah Code Annotated § 63J-1-505(2)(b)(ii): 57-3-106; 78A-7-105 of recording fees for judgments recorded in compliance with Sections
Utah Code Annotated § 63J-1-505(2)(b)(iii): 73-2-14 to the state engineer under Section
Utah Code Annotated § 63J-1-506 Parking fees at court buildings.
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Utah Code Annotated § 63J-1-506(1): State-owned or leased court facilities may not charge or collect fees for parking without prior approval by the Legislature.
Utah Code Annotated § 63J-1-506(2): The Legislature may approve, increase, decrease and approve, or reject any parking fee submitted to it by the courts.
Utah Code Annotated § 63J-1-601 End of fiscal year -- Unexpended balances -- Funds not to be closed out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing accounts and funds -- Institutions of higher education to report unexpended balances.
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Utah Code Annotated § 63J-1-601(1): As used in this section:
Utah Code Annotated § 63J-1-601(1)(a): "Education grant subrecipient" means a nonfederal entity that:
Utah Code Annotated § 63J-1-601(1)(a)(i): receives a subaward from the State Board of Education to carry out at least part of a federal or state grant program; and
Utah Code Annotated § 63J-1-601(1)(a)(ii): does not include an individual who is a beneficiary of the federal or state grant program.
Utah Code Annotated § 63J-1-601(1)(b): "Transaction control number" means the unique numerical identifier established by the Department of Health and Human Services to track each medical claim and indicates the date on which the claim is entered.
Utah Code Annotated § 63J-1-601(2): Title 51, Chapter 5, Funds Consolidation Act; 63J-1-602.1; 63J-1-602.2; 63J-1-603 On or before August 31 of each fiscal year, the director of the Division of Finance shall close out to the proper fund or account all remaining unexpended and unencumbered balances of appropriations made by the Legislature, except:
Utah Code Annotated § 63J-1-601(2)(a): Title 51, Chapter 5, Funds Consolidation Act those funds classified under
Utah Code Annotated § 63J-1-601(2)(a)(i): enterprise funds;
Utah Code Annotated § 63J-1-601(2)(a)(ii): internal service funds;
Utah Code Annotated § 63J-1-601(2)(a)(iii): fiduciary funds;
Utah Code Annotated § 63J-1-601(2)(a)(iv): capital projects funds;
Utah Code Annotated § 63J-1-601(2)(a)(v): discrete component unit funds;
Utah Code Annotated § 63J-1-601(2)(a)(vi): debt service funds; and
Utah Code Annotated § 63J-1-601(2)(a)(vii): permanent funds;
Utah Code Annotated § 63J-1-601(2)(b): 63J-1-602.1; 63J-1-602.2 those appropriations from a fund or account or appropriations to a program that are designated as nonlapsing under Section
Utah Code Annotated § 63J-1-601(2)(c): expendable special revenue funds, unless specifically directed to close out the fund in the fund's enabling legislation;
Utah Code Annotated § 63J-1-601(2)(d): acquisition and development funds appropriated to the Division of State Parks or the Division of Outdoor Recreation;
Utah Code Annotated § 63J-1-601(2)(e): funds encumbered to pay purchase orders issued before May 1 for capital equipment if delivery is expected before June 30; and
Utah Code Annotated § 63J-1-601(2)(f): 63J-1-603 unexpended and unencumbered balances of appropriations that meet the requirements of Section
Utah Code Annotated § 63J-1-601(3):
Utah Code Annotated § 63J-1-601(3)(a): Liabilities and related expenses for goods and services received on or before June 30 shall be recognized as expenses due and payable from appropriations made before June 30.
Utah Code Annotated § 63J-1-601(3)(b): The liability and related expense shall be recognized within time periods established by the Division of Finance but shall be recognized not later than August 31.
Utah Code Annotated § 63J-1-601(3)(c): Liabilities and expenses not so recognized may be paid from regular departmental appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and unencumbered balances of appropriations for the years in which the obligation was incurred.
Utah Code Annotated § 63J-1-601(3)(d): Amounts may not be transferred from an item of appropriation of any department, institution, or agency into the Capital Projects Fund or any other fund without the prior express approval of the Legislature.
Utah Code Annotated § 63J-1-601(4): Title 26B, Chapter 3, Health Care - Administration and Assistance; (3)(b); (3)(c)
Utah Code Annotated § 63J-1-601(4)(a): Title 26B, Chapter 3, Health Care - Administration and Assistance; (3)(b); (3)(c) For purposes of this chapter, a claim processed under the authority of
Utah Code Annotated § 63J-1-601(4)(a)(i): (3)(b) is not a liability or an expense to the state for budgetary purposes, unless the Division of Integrated Healthcare receives the claim within the time periods established by the Division of Finance under Subsection
Utah Code Annotated § 63J-1-601(4)(a)(ii): (3)(c) is not subject to Subsection
Utah Code Annotated § 63J-1-601(4)(b): The transaction control number that the Division of Integrated Healthcare records on each claim invoice is the date of receipt.
Utah Code Annotated § 63J-1-601(5): Title 35A, Chapter 13, Utah State Office of Rehabilitation Act; (3)(b); (3)(c); (5)(b)(i)
Utah Code Annotated § 63J-1-601(5)(a): Title 35A, Chapter 13, Utah State Office of Rehabilitation Act; (3)(b); (3)(c) For purposes of this chapter, a claim processed in accordance with
Utah Code Annotated § 63J-1-601(5)(a)(i): (3)(b) is not a liability or an expense to the state for budgetary purposes, unless the Utah State Office of Rehabilitation receives the claim within the time periods established by the Division of Finance under Subsection
Utah Code Annotated § 63J-1-601(5)(a)(ii): (3)(c) is not subject to Subsection
Utah Code Annotated § 63J-1-601(5)(b): (5)(b)(i)
Utah Code Annotated § 63J-1-601(5)(b)(i): The Utah State Office of Rehabilitation shall mark each claim invoice with the date on which the Utah State Office of Rehabilitation receives the claim invoice.
Utah Code Annotated § 63J-1-601(5)(b)(ii): (5)(b)(i) The date described in Subsection
Utah Code Annotated § 63J-1-601(6): (3)(b); (3)(c)
Utah Code Annotated § 63J-1-601(6)(a): (3)(b); (3)(c) For purposes of this chapter, a reimbursement request received from an education grant subrecipient:
Utah Code Annotated § 63J-1-601(6)(a)(i): (3)(b) is not a liability or expense to the state for budgetary purposes, unless the State Board of Education receives the claim within the time periods described in Subsection
Utah Code Annotated § 63J-1-601(6)(a)(ii): (3)(c) is not subject to Subsection
Utah Code Annotated § 63J-1-601(6)(b): The transaction control number that the State Board of Education records on a claim invoice is the date of receipt.
Utah Code Annotated § 63J-1-601(7): Any balance from an appropriation to a state institution of higher education that remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by the September 1 following the close of the fiscal year.
Utah Code Annotated § 63J-1-602 Nonlapsing appropriations.
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Utah Code Annotated § 63J-1-602(1): 63J-1-602.1; 63J-1-602.2 The appropriations from a fund or account and appropriations to a program that are listed in Section
Utah Code Annotated § 63J-1-602(2): 63J-1-602.1; 63J-1-602.2; 63J-1-603 No appropriation from a fund or account or appropriation to a program may be treated as nonlapsing unless:
Utah Code Annotated § 63J-1-602(2)(a): 63J-1-602.1; 63J-1-602.2 it is listed in Section
Utah Code Annotated § 63J-1-602(2)(b): it is designated in a condition of appropriation in the appropriations bill; or
Utah Code Annotated § 63J-1-602(2)(c): 63J-1-603 nonlapsing authority is granted under Section
Utah Code Annotated § 63J-1-602(3): 63J-1-603 Each legislative appropriations subcommittee shall review the accounts and funds that have been granted nonlapsing authority under the provisions of this section or Section
Utah Code Annotated § 63J-1-602(4): Except as provided in Subsection (5), on or before October 1 of each calendar year, an agency shall submit to the legislative appropriations subcommittee with jurisdiction over the agency's budget a report that describes the agency's plan to expend any nonlapsing appropriations, including:
Utah Code Annotated § 63J-1-602(4)(a): if applicable, the results of the prior year's planned use of the agency's nonlapsing appropriations; and
Utah Code Annotated § 63J-1-602(4)(b): if the agency plans to save all or a portion of the agency's nonlapsing appropriations over multiple years to pay for an anticipated expense:
Utah Code Annotated § 63J-1-602(4)(b)(i): the estimated cost of the expense; and
Utah Code Annotated § 63J-1-602(4)(b)(ii): the number of years until the agency will accumulate the amount required to pay for the expense.
Utah Code Annotated § 63J-1-602(5): The State Board of Education shall submit the report described in Subsections (4)(a) and (b) on or before October 10 of each calendar year.
Utah Code Annotated § 63J-1-602.1 List of nonlapsing appropriations from accounts and funds.
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Appropriations made from the following accounts or funds are nonlapsing:Utah Code Annotated § 63J-1-602.1(1): 9-9-407 The Native American Repatriation Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(2): Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
Utah Code Annotated § 63J-1-602.1(3): 11-42a-106 Funds collected for directing and administering the C-PACE district created in Section
Utah Code Annotated § 63J-1-602.1(4): 11-58-105 Money received by the Utah Inland Port Authority, as provided in Section
Utah Code Annotated § 63J-1-602.1(5): 13-1-17 The Commerce Electronic Payment Fee Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(6): 19-2a-106 The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(7): 19-5-126 The Division of Water Quality Oil, Gas, and Mining Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(8): 26B-3-906 State funds for matching federal funds in the Children's Health Insurance Program as provided in Section
Utah Code Annotated § 63J-1-602.1(9): 26B-7-111 Funds collected from the program fund for local health department expenses incurred in responding to a local health emergency under Section
Utah Code Annotated § 63J-1-602.1(10): 31A-3-104 The Technology Development Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(11): 31A-3-105 The Criminal Background Check Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(12): 31A-3-304; 31A-3-304 The Captive Insurance Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(13): 31A-23a-415 The Title Licensee Enforcement Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(14): 31A-30-115 The Health Insurance Actuarial Review Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(15): 31A-30-118 The State Mandated Insurer Payments Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(16): 31A-31-108 The Insurance Fraud Investigation Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(17): 32B-2-306 The Underage Drinking Prevention Media and Education Campaign Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(18): 32B-2-308 The Drinking While Pregnant Prevention Media and Education Campaign Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(19): 35A-15-203 The School Readiness Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(20): 35A-13-202 Money received by the Utah State Office of Rehabilitation for the sale of certain products or services, as provided in Section
Utah Code Annotated § 63J-1-602.1(21): 35A-16-402 The Homeless Shelter Cities Mitigation Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(22): 40-6-11 The Oil and Gas Administrative Penalties Account created in Section
Utah Code Annotated § 63J-1-602.1(23): 40-6-14.5 The Oil and Gas Conservation Account created in Section
Utah Code Annotated § 63J-1-602.1(24): 40-6-23 The Division of Oil, Gas, and Mining Restricted account created in Section
Utah Code Annotated § 63J-1-602.1(25): 41-1a-121 The Electronic Payment Fee Restricted Account created by Section
Utah Code Annotated § 63J-1-602.1(26): 41-1a-122 The License Plate Restricted Account created by Section
Utah Code Annotated § 63J-1-602.1(27): 41-3-110 The Motor Vehicle Enforcement Division Temporary Permit Restricted Account created by Section
Utah Code Annotated § 63J-1-602.1(28): 53-2a-603 The State Disaster Recovery Restricted Account to the Division of Emergency Management, as provided in Section
Utah Code Annotated § 63J-1-602.1(29): 53-2a-1302 The Response, Recovery, and Post-disaster Mitigation Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(30): 53-3-106 The Department of Public Safety Restricted Account to the Department of Public Safety, as provided in Section
Utah Code Annotated § 63J-1-602.1(31): 53-8-303 The Utah Highway Patrol Aero Bureau Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(32): 53-10-407 The DNA Specimen Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(33): 53B-2a-118 The Technical Colleges Capital Projects Fund created in Section
Utah Code Annotated § 63J-1-602.1(34): 53B-22-202 The Higher Education Capital Projects Fund created in Section
Utah Code Annotated § 63J-1-602.1(35): 53C-3-202 A certain portion of money collected for administrative costs under the School Institutional Trust Lands Management Act, as provided under Section
Utah Code Annotated § 63J-1-602.1(36): 54-5-1.5; 54-5-1.5 The Public Utility Regulatory Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(37): 58-3a-105 Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section
Utah Code Annotated § 63J-1-602.1(38): 58-17b-505 Certain fines collected by the Division of Professional Licensing for violation of unlawful or unprofessional conduct that are used for education and enforcement purposes, as provided in Section
Utah Code Annotated § 63J-1-602.1(39): 58-22-104 Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section
Utah Code Annotated § 63J-1-602.1(40): 58-55-106 Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section
Utah Code Annotated § 63J-1-602.1(41): 58-56-3.5 Funds collected from a surcharge fee to provide certain licensees with access to an electronic reference library, as provided in Section
Utah Code Annotated § 63J-1-602.1(42): 58-63-103 Certain fines collected by the Division of Professional Licensing for use in education and enforcement of the Security Personnel Licensing Act, as provided in Section
Utah Code Annotated § 63J-1-602.1(43): 59-9-105 The Relative Value Study Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(44): 59-14-204 The Cigarette Tax Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(45): 61-2c-202 Funds paid to the Division of Real Estate for the cost of a criminal background check for a mortgage loan license, as provided in Section
Utah Code Annotated § 63J-1-602.1(46): 61-2f-204 Funds paid to the Division of Real Estate for the cost of a criminal background check for principal broker, associate broker, and sales agent licenses, as provided in Section
Utah Code Annotated § 63J-1-602.1(47): 26B-1-202 Certain funds donated to the Department of Health and Human Services, as provided in Section
Utah Code Annotated § 63J-1-602.1(48): 80-2-404 Certain funds donated to the Division of Child and Family Services, as provided in Section
Utah Code Annotated § 63J-1-602.1(49): 63G-3-402 Funds collected by the Office of Administrative Rules for publishing, as provided in Section
Utah Code Annotated § 63J-1-602.1(50): 63G-12-103 The Immigration Act Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(51): 63H-1-504 Money received by the military installation development authority, as provided in Section
Utah Code Annotated § 63J-1-602.1(52): 63H-7a-304 The Unified Statewide 911 Emergency Service Account created in Section
Utah Code Annotated § 63J-1-602.1(53): 63H-7a-403 The Utah Statewide Radio System Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(54): 63N-6-204 The Utah Capital Investment Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(55): 63N-8-103 The Motion Picture Incentive Account created in Section
Utah Code Annotated § 63J-1-602.1(56): 64-13e-104 Funds collected by the housing of state probationary inmates or state parole inmates, as provided in Subsection
Utah Code Annotated § 63J-1-602.1(57): 65A-8-103 Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and State Lands, as provided in Section
Utah Code Annotated § 63J-1-602.1(58): 72-2-124 The following funds or accounts created in Section
Utah Code Annotated § 63J-1-602.1(58)(a): Transportation Investment Fund of 2005;
Utah Code Annotated § 63J-1-602.1(58)(b): Transit Transportation Investment Fund;
Utah Code Annotated § 63J-1-602.1(58)(c): Cottonwood Canyons Transportation Investment Fund;
Utah Code Annotated § 63J-1-602.1(58)(d): Active Transportation Investment Fund; and
Utah Code Annotated § 63J-1-602.1(58)(e): Commuter Rail Subaccount.
Utah Code Annotated § 63J-1-602.1(59): 72-16-204 The Amusement Ride Safety Restricted Account, as provided in Section
Utah Code Annotated § 63J-1-602.1(60): 73-3-25 Certain funds received by the Office of the State Engineer for well drilling fines or bonds, as provided in Section
Utah Code Annotated § 63J-1-602.1(61): 73-23-2 The Water Resources Conservation and Development Fund, as provided in Section
Utah Code Annotated § 63J-1-602.1(62): 77-11b-403 Award money under the State Asset Forfeiture Grant Program, as provided under Section
Utah Code Annotated § 63J-1-602.1(63): 78A-6-203 Funds donated or paid to a juvenile court by private sources, as provided in Subsection
Utah Code Annotated § 63J-1-602.1(64): 78A-9-102 Fees for certificate of admission created under Section
Utah Code Annotated § 63J-1-602.1(65): 78B-6-141; 78B-6-144; 78B-6-144.5 Funds collected for adoption document access as provided in Sections
Utah Code Annotated § 63J-1-602.1(66): Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense Commission.
Utah Code Annotated § 63J-1-602.1(67): 79-3-403 The Utah Geological Survey Restricted Account created in Section
Utah Code Annotated § 63J-1-602.1(68): 79-4-403 Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State Park, and Green River State Park, as provided under Section
Utah Code Annotated § 63J-1-602.1(69): 79-4-1001 Certain funds received by the Division of State Parks from the sale or disposal of buffalo, as provided under Section
Utah Code Annotated § 63J-1-602.2 List of nonlapsing appropriations to programs.
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Appropriations made to the following programs are nonlapsing:Utah Code Annotated § 63J-1-602.2(1): The Legislature and the Legislature's committees.
Utah Code Annotated § 63J-1-602.2(2): 53F-9-103 The State Board of Education, including all appropriations to agencies, line items, and programs under the jurisdiction of the State Board of Education, in accordance with Section
Utah Code Annotated § 63J-1-602.2(3): 4-20-101 The Rangeland Improvement Act created in Section
Utah Code Annotated § 63J-1-602.2(4): 9-6-404 The Percent-for-Art Program created in Section
Utah Code Annotated § 63J-1-602.2(5): 4-46-301 The LeRay McAllister Working Farm and Ranch Fund created in Section
Utah Code Annotated § 63J-1-602.2(6): 11-65-201 The Utah Lake Authority created in Section
Utah Code Annotated § 63J-1-602.2(7): 17-16-21 Dedicated credits accrued to the Utah Marriage Commission as provided under Subsection
Utah Code Annotated § 63J-1-602.2(8): 23A-6-205 The Wildlife Land and Water Acquisition Program created in Section
Utah Code Annotated § 63J-1-602.2(9): 26B-3-108 Sanctions collected as dedicated credits from Medicaid providers under Subsection
Utah Code Annotated § 63J-1-602.2(10): 26B-4-310 The primary care grant program created in Section
Utah Code Annotated § 63J-1-602.2(11): 26B-4-512 The Opiate Overdose Outreach Pilot Program created in Section
Utah Code Annotated § 63J-1-602.2(12): 26B-4-702 The Utah Health Care Workforce Financial Assistance Program created in Section
Utah Code Annotated § 63J-1-602.2(13): 26B-4-703 The Rural Physician Loan Repayment Program created in Section
Utah Code Annotated § 63J-1-602.2(14): 26B-4-707; 26B-4-711; 26B-4-712 The Utah Medical Education Council for the:
Utah Code Annotated § 63J-1-602.2(14)(a): 26B-4-707 administration of the Utah Medical Education Program created in Section
Utah Code Annotated § 63J-1-602.2(14)(b): 26B-4-711 provision of medical residency grants described in Section
Utah Code Annotated § 63J-1-602.2(14)(c): 26B-4-712 provision of the forensic psychiatric fellowship grant described in Section
Utah Code Annotated § 63J-1-602.2(15): 26B-6-402 The Division of Services for People with Disabilities, as provided in Section
Utah Code Annotated § 63J-1-602.2(16): 26B-7-122 The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program created in Section
Utah Code Annotated § 63J-1-602.2(17): 32B-2-301 Funds that the Department of Alcoholic Beverage Services retains in accordance with Subsection
Utah Code Annotated § 63J-1-602.2(18): 35A-3-401 The General Assistance program administered by the Department of Workforce Services, as provided in Section
Utah Code Annotated § 63J-1-602.2(19): The Utah National Guard, created in Title 39A, National Guard and Militia Act.
Utah Code Annotated § 63J-1-602.2(20): 53-2a-1102 The Search and Rescue Financial Assistance Program, as provided in Section
Utah Code Annotated § 63J-1-602.2(21): 53-2d-207 The Emergency Medical Services Grant Program in Section
Utah Code Annotated § 63J-1-602.2(22): 53-3-905 The Motorcycle Rider Education Program, as provided in Section
Utah Code Annotated § 63J-1-602.2(23): 53B-6-104 The Utah Board of Higher Education for teacher preparation programs, as provided in Section
Utah Code Annotated § 63J-1-602.2(24): 53G-10-608; 53G-10-608 Innovation grants under Section
Utah Code Annotated § 63J-1-602.2(25): 63A-9-401 The Division of Fleet Operations for the purpose of upgrading underground storage tanks under Section
Utah Code Annotated § 63J-1-602.2(26): 63C-6-104 The Utah Seismic Safety Commission, as provided in Section
Utah Code Annotated § 63J-1-602.2(27): 63A-16-903 The Division of Technology Services for technology innovation as provided under Section
Utah Code Annotated § 63J-1-602.2(28): 63O-2-201 The State Capitol Preservation Board created by Section
Utah Code Annotated § 63J-1-602.2(29): 63G-3-402 The Office of Administrative Rules for publishing, as provided in Section
Utah Code Annotated § 63J-1-602.2(30): The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado River Authority of Utah Act.
Utah Code Annotated § 63J-1-602.2(31): The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
Utah Code Annotated § 63J-1-602.2(32): The Governor's Office of Economic Opportunity's Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program.
Utah Code Annotated § 63J-1-602.2(33): 64-13e-103 County correctional facility contracting program for state inmates as described in Section
Utah Code Annotated § 63J-1-602.2(34): 64-13e-104 County correctional facility reimbursement program for state probationary inmates and state parole inmates as described in Section
Utah Code Annotated § 63J-1-602.2(35): 65A-2-8 Programs for the Jordan River Recreation Area as described in Section
Utah Code Annotated § 63J-1-602.2(36): 63A-17-106 The Division of Human Resource Management user training program, as provided in Section
Utah Code Annotated § 63J-1-602.2(37): 69-2-301 A public safety answering point's emergency telecommunications service fund, as provided in Section
Utah Code Annotated § 63J-1-602.2(38): 72-6-112 The Traffic Noise Abatement Program created in Section
Utah Code Annotated § 63J-1-602.2(39): 73-2-1.1 The money appropriated from the Navajo Water Rights Negotiation Account to the Division of Water Rights, created in Section
Utah Code Annotated § 63J-1-602.2(40): 77-10a-19 The Judicial Council for compensation for special prosecutors, as provided in Section
Utah Code Annotated § 63J-1-602.2(41): 78A-6-210 A state rehabilitative employment program, as provided in Section
Utah Code Annotated § 63J-1-602.2(42): 79-3-401 The Utah Geological Survey, as provided in Section
Utah Code Annotated § 63J-1-602.2(43): 79-5-503 The Bonneville Shoreline Trail Program created under Section
Utah Code Annotated § 63J-1-602.2(44): 78B-6-141; 78B-6-144; 78B-6-144.5 Adoption document access as provided in Sections
Utah Code Annotated § 63J-1-602.2(45): Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense Commission.
Utah Code Annotated § 63J-1-602.2(46): 63A-5b-703 The program established by the Division of Facilities Construction and Management under Section
Utah Code Annotated § 63J-1-602.2(47): 59-2-1802.5 The State Tax Commission for reimbursing counties for deferrals in accordance with Section
Utah Code Annotated § 63J-1-602.2(48): 4-2-902 The Veterinarian Education Loan Repayment Program created in Section
Utah Code Annotated § 63J-1-603 Nonlapsing authority.
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Utah Code Annotated § 63J-1-603(1): 63J-1-601(2); 63J-1-601 As used in this section:
Utah Code Annotated § 63J-1-603(1)(a): 63J-1-601(2)
Utah Code Annotated § 63J-1-603(1)(a)(i): "Agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
Utah Code Annotated § 63J-1-603(1)(a)(ii): 63J-1-601(2) "Agency" does not include those entities whose unappropriated and unencumbered balances are made nonlapsing by the operation of Subsection
Utah Code Annotated § 63J-1-603(1)(b): "Appropriation balance" means the unexpended and unencumbered balance of a line item appropriation made by the Legislature to an agency that exists at the end of a fiscal year.
Utah Code Annotated § 63J-1-603(1)(c): 63J-1-601 "Nonlapsing" means that an agency's appropriation balance is not closed out to the appropriate fund at the end of a fiscal year as required by Section
Utah Code Annotated § 63J-1-603(1)(d): "One-time project" means a project or program that can be completed with the appropriation balance and includes such items as employee incentive awards and bonuses, purchase of equipment, and one-time training.
Utah Code Annotated § 63J-1-603(1)(e): "One-time projects list" means:
Utah Code Annotated § 63J-1-603(1)(e)(i): a prioritized list of one-time projects, upon which an agency would like to spend any appropriation balance; and
Utah Code Annotated § 63J-1-603(1)(e)(ii): for each project, the maximum amount the agency is estimating for the project.
Utah Code Annotated § 63J-1-603(1)(f): "Program" means a service provided by an agency to members of the public, other agencies, or to employees of the agency.
Utah Code Annotated § 63J-1-603(2): 63J-1-601 Notwithstanding the requirements of Section
Utah Code Annotated § 63J-1-603(3):
Utah Code Annotated § 63J-1-603(3)(a): Each agency that wishes to preserve any part or all of its appropriation balance as nonlapsing shall include a one-time projects list as part of the budget request that it submits to the governor and the Legislature at the annual general session of the Legislature immediately before the end of the fiscal year in which the agency may have an appropriation balance.
Utah Code Annotated § 63J-1-603(3)(b): An agency may not include a proposed expenditure on its one-time projects list if:
Utah Code Annotated § 63J-1-603(3)(b)(i): the expenditure creates a new program;
Utah Code Annotated § 63J-1-603(3)(b)(ii): the expenditure enhances the level of an existing program; or
Utah Code Annotated § 63J-1-603(3)(b)(iii): the expenditure will require a legislative appropriation in the next fiscal year.
Utah Code Annotated § 63J-1-603(3)(c): The governor:
Utah Code Annotated § 63J-1-603(3)(c)(i): may approve some or all of the items from an agency's one-time projects list; and
Utah Code Annotated § 63J-1-603(3)(c)(ii): shall identify and prioritize any approved one-time projects in the budget that the governor submits to the Legislature.
Utah Code Annotated § 63J-1-603(4): The Legislature:
Utah Code Annotated § 63J-1-603(4)(a): may approve some or all of the specific items from an agency's one-time projects list as authorized expenditures of an agency's appropriation balance;
Utah Code Annotated § 63J-1-603(4)(b): shall identify any authorized one-time projects in the appropriate line item appropriation; and
Utah Code Annotated § 63J-1-603(4)(c): may prioritize one-time projects in intent language.
Utah Code Annotated § 63J-1-901 Title.
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This part is known as "Government Performance Reporting and Efficiency Process."
Utah Code Annotated § 63J-1-902 Definitions.
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As used in this part:Utah Code Annotated § 63J-1-902(1): "Appropriated entity" means any entity that receives state funds.
Utah Code Annotated § 63J-1-902(2): (2)(b)(i); (iii)
Utah Code Annotated § 63J-1-902(2)(a): "Funding item" means an increase to an agency's state funding that:
Utah Code Annotated § 63J-1-902(2)(a)(i): is $50,000 or more; and
Utah Code Annotated § 63J-1-902(2)(a)(ii): results from action during a legislative session.
Utah Code Annotated § 63J-1-902(2)(b): (2)(b)(i); (iii) "Funding item" does not include:
Utah Code Annotated § 63J-1-902(2)(b)(i): a technical budget adjustment;
Utah Code Annotated § 63J-1-902(2)(b)(ii): restoration of a recent reduction;
Utah Code Annotated § 63J-1-902(2)(b)(iii): a standardized adjustment, including an internal service fund increase or compensation increase; or
Utah Code Annotated § 63J-1-902(2)(b)(iv): (2)(b)(i); (iii) any increase that the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst agree is similar to an increase described in Subsections
Utah Code Annotated § 63J-1-902(3): "Performance measure" means a program objective, effectiveness measure, program size indicator, or other related measure.
Utah Code Annotated § 63J-1-902(4): "Product or service" means an appropriated entity's final output or outcome.
Utah Code Annotated § 63J-1-902(5): "Government process" means a set of functions and procedures by which an appropriated entity creates a product or service.
Utah Code Annotated § 63J-1-903 Performance measure and funding item reporting.
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Utah Code Annotated § 63J-1-903(1): The Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst may develop an information system to collect, track, and publish agency performance measures.
Utah Code Annotated § 63J-1-903(2): Except as provided in Subsection (3), each executive department agency shall:
Utah Code Annotated § 63J-1-903(2)(a): in consultation with the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst, develop performance measures to include in an appropriations act for each fiscal year; and
Utah Code Annotated § 63J-1-903(2)(b): on or before August 15 of each calendar year, provide to the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst:
Utah Code Annotated § 63J-1-903(2)(b)(i): any recommendations for legislative changes for the next fiscal year to the agency's previously adopted performance measures or targets; and
Utah Code Annotated § 63J-1-903(2)(b)(ii): a report of the final status of the agency's performance measures included in the appropriations act for the fiscal year ending the previous June 30.
Utah Code Annotated § 63J-1-903(3): The State Board of Education and the Utah Board of Higher Education shall comply with the requirements in Subsections (2)(a) and (b) on or before November 1 of each calendar year.
Utah Code Annotated § 63J-1-903(4): Each judicial department agency shall:
Utah Code Annotated § 63J-1-903(4)(a): develop performance measures to include in an appropriations act for each fiscal year; and
Utah Code Annotated § 63J-1-903(4)(b): annually submit to the Office of the Legislative Fiscal Analyst a report that contains:
Utah Code Annotated § 63J-1-903(4)(b)(i): any recommendations for legislative changes for the next fiscal year to the agency's previously adopted performance measures; and
Utah Code Annotated § 63J-1-903(4)(b)(ii): the final status of the agency's performance measures included in the appropriations act for the fiscal year ending the previous June 30.
Utah Code Annotated § 63J-1-903(5): Within 21 days after the day on which the Legislature adjourns a legislative session sine die, the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall:
Utah Code Annotated § 63J-1-903(5)(a): create a list of funding items passed during the legislative session;
Utah Code Annotated § 63J-1-903(5)(b): from the list described in Subsection (5)(a), identify in a sublist each funding item that increases state funding by $500,000 or more from state funds; and
Utah Code Annotated § 63J-1-903(5)(c): provide the lists described in this subsection to each executive department agency.
Utah Code Annotated § 63J-1-903(6): Except as provided in Subsection (6), each executive department agency shall provide to the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst:
Utah Code Annotated § 63J-1-903(6)(a): for each funding item on the list described in Subsection (5)(b), within 60 days after the day on which the Legislature adjourns a legislative session sine die:
Utah Code Annotated § 63J-1-903(6)(a)(i): one or more proposed performance measures; and
Utah Code Annotated § 63J-1-903(6)(a)(ii): a target for each performance measure described in Subsection (6)(a)(i); and
Utah Code Annotated § 63J-1-903(6)(b): for each funding item on the list described in Subsection (5)(a), on or before August 15 of each year after the close of the fiscal year in which the funding item was first funded, a report that includes:
Utah Code Annotated § 63J-1-903(6)(b)(i): the status of each performance measure relative to the measure's target as described in Subsection (6)(a), if applicable;
Utah Code Annotated § 63J-1-903(6)(b)(ii): the actual amount the agency spent, if any, on the funding item; and
Utah Code Annotated § 63J-1-903(6)(b)(iii):
Utah Code Annotated § 63J-1-903(6)(b)(iii)(A): the month and year in which the agency implemented the program or project associated with the funding item; or
Utah Code Annotated § 63J-1-903(6)(b)(iii)(B): if the program or project associated with the funding item is not fully implemented, the month and year in which the agency anticipates fully implementing the program or project associated with the funding item.
Utah Code Annotated § 63J-1-903(7): The State Board of Education and the Utah Board of Higher Education shall comply with Subsection (5)(b) on or before November 1 of each calendar year.
Utah Code Annotated § 63J-1-903(8):
Utah Code Annotated § 63J-1-903(8)(a): After an executive department agency provides proposed performance measures in accordance with Subsection (6)(a), the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall review the proposed performance measures and, if necessary, coordinate with the executive department agency to modify and finalize the performance measures.
Utah Code Annotated § 63J-1-903(8)(b): The Governor's Office of Planning and Budget, the Office of the Legislative Fiscal Analyst, and the executive department agency shall finalize each proposed performance measure before July 1.
Utah Code Annotated § 63J-1-903(9): The Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst may jointly request that an executive department agency provide the report required under Subsection (6)(b) in a different fiscal year than the fiscal year in which the funding item was first funded or in multiple fiscal years.
Utah Code Annotated § 63J-1-903(10): The Governor's Office of Planning and Budget shall:
Utah Code Annotated § 63J-1-903(10)(a): review at least 20% of the performance measures described in Subsection (2) annually; and
Utah Code Annotated § 63J-1-903(10)(b): ensure that the Governor's Office of Planning and Budget reviews each performance measure described in Subsection (2) at least once every five years.
Utah Code Annotated § 63J-1-903(11): The Office of the Legislative Fiscal Analyst shall review the performance measures described in Subsection (2) on a schedule that aligns with the appropriations subcommittee's applicable accountable budget process described in legislative rule.
Utah Code Annotated § 63J-1-903(12):
Utah Code Annotated § 63J-1-903(12)(a): The Office of the Legislative Fiscal Analyst shall report the relevant performance measure information described in this section to the Executive Appropriations Committee and the appropriations subcommittees, as appropriate.
Utah Code Annotated § 63J-1-903(12)(b): The Governor's Office of Planning and Budget shall report the relevant performance measure information described in this section to the governor.
Utah Code Annotated § 63J-1-903(13): Each executive department agency, when the agency's budget is subject to a legislative appropriations subcommittee's accountable budget process, shall:
Utah Code Annotated § 63J-1-903(13)(a): conduct a thorough evaluation of the agency's performance measures, internal budget process, and budget controls; and
Utah Code Annotated § 63J-1-903(13)(b): submit the results of the evaluation to the legislative appropriations subcommittee.
Utah Code Annotated § 63J-1-904 Efficiency improvement process.
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Utah Code Annotated § 63J-1-904(1): The Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall jointly operate a process that identifies and prioritizes government processes to target for efficiency improvements.
Utah Code Annotated § 63J-1-904(2): (1) The Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall ensure that the efficiency improvement process described in Subsection
Utah Code Annotated § 63J-1-904(2)(a): the roles of the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst throughout the efficiency improvement process;
Utah Code Annotated § 63J-1-904(2)(b): the process by which an appropriated entity's government process is selected for an efficiency evaluation;
Utah Code Annotated § 63J-1-904(2)(c): the criteria and methodology used for an efficiency evaluation;
Utah Code Annotated § 63J-1-904(2)(d): whether to provide any rewards or incentives for an appropriated entity to implement recommendations from an efficiency evaluation;
Utah Code Annotated § 63J-1-904(2)(e): whether to create a formal or informal committee that advises the efficiency improvement process; and
Utah Code Annotated § 63J-1-904(2)(f): the process by which the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst notify the Office of the Legislative Auditor General when an efficiency evaluation is completed.
Utah Code Annotated § 63J-1-904(3): The Office of the Legislative Auditor General shall: