63J-1-220. Reporting related to pass through money distributed by state agencies.
(1)
As used in this section:
Terms Used In Utah Code 63J-1-220
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
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.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
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
“Pass through funding” means money appropriated by the Legislature to a state agency that is intended to be passed through the state agency to one or more:
(A)
local government entities;
(B)
private organizations, including not-for-profit organizations; or
(C)
persons in the form of a loan or grant.
(ii)
“Pass through funding” may be:
(A)
general funds, dedicated credits, or any combination of state funding sources; and
(B)
ongoing or one-time.
(c)
“Recipient entity” means a local government entity or private entity, including a nonprofit entity, that receives money by way of pass through funding from a state agency.
(d)
“State agency” means 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 executive branch of the state.
(e)
(i)
“State money” means money that is owned, held, or administered by a state agency and derived from state fees or tax revenues.
(ii)
“State money” does not include contributions or donations received by a state agency.
(2)
A state agency may not provide a recipient entity state money through pass through funding unless:
(a)
the state agency enters into a written agreement with the recipient entity; and
(b)
the written agreement described in Subsection (2)(a) requires the recipient entity to provide the state agency:
(i)
a written description and an itemized report at least annually detailing the expenditure of the state money, or the intended expenditure of any state money that has not been spent; and
(ii)
a final written itemized report when all the state money is spent.
(3)
A state agency shall provide to the Governor’s Office of Planning and Budget a copy of a written description or itemized report received by the state agency under Subsection (2).
(4)
Notwithstanding Subsection (2), a state agency is not required to comply with this section to the extent that the pass through funding is issued:
(a)
under a competitive award process;
(b)
in accordance with a formula enacted in statute;
(c)
in accordance with a state program under parameters in statute or rule that guides the distribution of the pass through funding; or
(d)
under the authority of the Minimum School Program, as defined in Section 53F-2-102.
