63J-1-411. Internal service funds — End of fiscal year — Unused authority for capital acquisition.
| (1) |
An internal service fund agency‘s authority to acquire capital assets under Subsection 63J-1-410(8)(a) shall lapse if the acquisition of the capital asset does not occur in the fiscal year in which the authorization is included in the appropriations act, unless the Legislature identifies the authority to acquire the capital asset as nonlapsing authority:
Terms Used In Utah Code 63J-1-411- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Line item: means a unit of accounting, typically representing an administrative unit of state government within an agency, that contains one or more programs. See Utah Code 63J-1-102
- Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
| (a) |
for a specific one-time project and a limited period of time in the Legislature’s initial appropriation to the agency; or |
| (b) |
in a supplemental appropriation in accordance with Subsection (2). |
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| (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. |
| (b) |
The governor:
| (i) |
may approve some or all of the items from an agency’s one-time project’s list; and |
| (ii) |
shall identify and prioritize any approved one-time projects in the budget that the governor submits to the Legislature. |
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| (c) |
The Legislature:
| (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; |
| (ii) |
shall identify any authorized one-time projects in the appropriate line item appropriation; and |
| (iii) |
may prioritize one-time projects in intent language. |
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| (3) |
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 63J-1-201. |
Amended by Chapter 382, 2021 General Session
