17B-1-635.  Duties with respect to issuance of checks.

(1)  The district clerk or other designated person not performing treasurer duties shall prepare the necessary checks after having determined that:

Terms Used In Utah Code 17B-1-635

  • Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
  • Financial officer: means the official under Section 17B-1-642. See Utah Code 17B-1-601
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
(a) this chapter; or
(b) 
(i) this chapter; and
(ii) 
(A) 1;
(B) 2;
(C) 3;
(D) 4;
(E) 5;
(F) 6;
(G) 7;
(H) 8;
(I) 9;
(J) 10; or
(K) 11. See Utah Code 17B-1-102
(a)  the claim was authorized by:

(i)  the board of trustees; or

(ii)  the special district financial officer, if the financial officer is not the clerk, in accordance with Section 17B-1-642;

(b)  the claim does not overexpend the appropriate departmental budget established by the board of trustees; and

(c)  the expenditure was approved in advance by the board of trustees or its designee.

(2) 

(a) 

(i)  The treasurer or any other person appointed by the board of trustees shall sign all checks.

(ii)  The person maintaining the financial records may not sign any single signature check.

(b)  In a special district with an expenditure budget of less than $50,000 per year, a member of the board of trustees shall also sign all checks.

(c)  Before affixing a signature, the treasurer or other designated person shall determine that a sufficient amount is on deposit in the appropriate bank account of the district to honor the check.

Amended by Chapter 15, 2023 General Session