63J-1-602.  Nonlapsing appropriations.

(1)  The appropriations from a fund or account and appropriations to a program that are listed in Section 63J-1-602.1 or 63J-1-602.2 are nonlapsing.

Terms Used In Utah Code 63J-1-602

  • 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. See Utah Code 63J-1-102
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See Utah Code 63J-1-102
(2)  No appropriation from a fund or account or appropriation to a program may be treated as nonlapsing unless:

(a)  it is listed in Section 63J-1-602.1 or 63J-1-602.2;

(b)  it is designated in a condition of appropriation in the appropriations bill; or

(c)  nonlapsing authority is granted under Section 63J-1-603.

(3)  Each legislative appropriations subcommittee shall review the accounts and funds that have been granted nonlapsing authority under the provisions of this section or Section 63J-1-603.

(4)  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:

(a)  if applicable, the results of the prior year’s planned use of the agency’s nonlapsing appropriations; and

(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:

(i)  the estimated cost of the expense; and

(ii)  the number of years until the agency will accumulate the amount required to pay for the expense.

Amended by Chapter 409, 2023 General Session