63J-1-601.  End of fiscal year — Unexpended balances — Funds not to be closed out — Pending claims — Transfer of amounts from item of appropriation — Nonlapsing accounts and funds — Institutions of higher education to report unexpended balances.

(1)  As used in this section:

Terms Used In Utah Code 63J-1-601

  • 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
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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.
  • Grant: means the same as that term is defined in Section 63J-7-101. See Utah Code 63J-1-102
  • Item of appropriation: means an authorization of expenditure contained in legislation that appropriates funds and includes the following:
(i) the name of the agency and line item to which authorization is granted; and
(ii) sources of finance from which authorization is granted and associated amounts authorized. See Utah Code 63J-1-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • (a)  “Education grant subrecipient” means a nonfederal entity that:

    (i)  receives a subaward from the State Board of Education to carry out at least part of a federal or state grant program; and

    (ii)  does not include an individual who is a beneficiary of the federal or state grant program.

    (b)  “Transaction control number” means the unique numerical identifier established by the Department of Health and Human Services to track each medical claim and indicates the date on which the claim is entered.

    (2)  On or before August 31 of each fiscal year, the director of the Division of Finance shall close out to the proper fund or account all remaining unexpended and unencumbered balances of appropriations made by the Legislature, except:

    (a)  those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:

    (i)  enterprise funds;

    (ii)  internal service funds;

    (iii)  fiduciary funds;

    (iv)  capital projects funds;

    (v)  discrete component unit funds;

    (vi)  debt service funds; and

    (vii)  permanent funds;

    (b)  those appropriations from a fund or account or appropriations to a program that are designated as nonlapsing under Section 63J-1-602.1 or 63J-1-602.2;

    (c)  expendable special revenue funds, unless specifically directed to close out the fund in the fund’s enabling legislation;

    (d)  acquisition and development funds appropriated to the Division of State Parks or the Division of Outdoor Recreation;

    (e)  funds encumbered to pay purchase orders issued before May 1 for capital equipment if delivery is expected before June 30; and

    (f)  unexpended and unencumbered balances of appropriations that meet the requirements of Section 63J-1-603.

    (3) 

    (a)  Liabilities and related expenses for goods and services received on or before June 30 shall be recognized as expenses due and payable from appropriations made before June 30.

    (b)  The liability and related expense shall be recognized within time periods established by the Division of Finance but shall be recognized not later than August 31.

    (c)  Liabilities and expenses not so recognized may be paid from regular departmental appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and unencumbered balances of appropriations for the years in which the obligation was incurred.

    (d)  Amounts may not be transferred from an item of appropriation of any department, institution, or agency into the Capital Projects Fund or any other fund without the prior express approval of the Legislature.

    (4) 

    (a)  For purposes of this chapter, a claim processed under the authority of Title 26B, Chapter 3, Health Care – Administration and Assistance:

    (i)  is not a liability or an expense to the state for budgetary purposes, unless the Division of Integrated Healthcare receives the claim within the time periods established by the Division of Finance under Subsection (3)(b); and

    (ii)  is not subject to Subsection (3)(c).

    (b)  The transaction control number that the Division of Integrated Healthcare records on each claim invoice is the date of receipt.

    (5) 

    (a)  For purposes of this chapter, a claim processed in accordance with Title 35A, Chapter 13, Utah State Office of Rehabilitation Act:

    (i)  is not a liability or an expense to the state for budgetary purposes, unless the Utah State Office of Rehabilitation receives the claim within the time periods established by the Division of Finance under Subsection (3)(b); and

    (ii)  is not subject to Subsection (3)(c).

    (b) 

    (i)  The Utah State Office of Rehabilitation shall mark each claim invoice with the date on which the Utah State Office of Rehabilitation receives the claim invoice.

    (ii)  The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this section.

    (6) 

    (a)  For purposes of this chapter, a reimbursement request received from an education grant subrecipient:

    (i)  is not a liability or expense to the state for budgetary purposes, unless the State Board of Education receives the claim within the time periods described in Subsection (3)(b); and

    (ii)  is not subject to Subsection (3)(c).

    (b)  The transaction control number that the State Board of Education records on a claim invoice is the date of receipt.

    (7)  Any balance from an appropriation to a state institution of higher education that remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by the September 1 following the close of the fiscal year.

    Amended by Chapter 330, 2023 General Session