Utah Code 51-2a-301. State auditor responsibilities

51-2a-301. State auditor responsibilities.

(1)

Except for political subdivisions that do not receive or expend public funds, the state auditor shall adopt guidelines, qualifications criteria, and procurement procedures for use in the procurement of audit services for all entities that are required by Section 51-2a-201 to cause an accounting report to be made.

Terms Used In Utah Code 51-2a-301

Audit: means an examination that:

(a)	is performed in accordance with generally accepted government auditing standards, or for a nonprofit corporation or a governmental nonprofit corporation, in accordance with generally accepted auditing standards; and

(b)

conforms to the uniform classification of accounts established or approved by the state auditor or any other classification of accounts established by any federal government agency. See Utah Code 51-2a-102

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Governing board: means :

(a)	the governing board of each political subdivision;

(b)	the governing board of each interlocal organization having the power to tax or to expend public funds;

(c)	the governing board of any local mental health authority established under the authority of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health;

(d)	the governing board of any substance abuse authority established under the authority of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health;

(e)	the governing board of any area agency established under the authority of 1;

(f)	the board of directors of any nonprofit corporation that receives an amount of money requiring an accounting report under Section 51-2a-201. See Utah Code 51-2a-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)	The state auditor shall follow the notice, hearing, and publication requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3)

The state auditor shall:

(a)	review the accounting report submitted to the state auditor under Section 51-2a-201; and

(b)	if necessary, conduct additional inquiries or examinations of financial statements of the entity submitting that information.

(4)	The governing board of each entity required by Section 51-2a-201 to submit an accounting report to the state auditor’s office shall comply with the guidelines, criteria, and procedures established by the state auditor.

(5)

Each fifth year, the state auditor shall:

(a)	review the dollar criteria established in Section 51-2a-201 to determine if they need to be increased or decreased; and

(b)	if the state auditor determines that they need to be increased or decreased, notify the Legislature of that need.

(6)

(a)	The state auditor may require a higher level of accounting report than is required under Section 51-2a-201.

(b)

The state auditor shall:

(i)	develop criteria under which a higher level of accounting report may be required; and

(ii)	provide copies of those criteria to entities required to analyze and report under Section 51-2a-201.

(7)	This section does not apply to a nonprofit corporation that submits an accounting report under Section 51-2a-201.5.

(8)	The state auditor shall adopt a policy to monitor compliance with Subsection 78A-7-120(7).

Amended by Chapter 89, 2022 General Session

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