63J-1-206 - Appropriations governed by chapter -- Restrictions on expenditures -- Transfer of funds -- Exclusion. - Utah Statutes

63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --Transfer of funds -- Exclusion.
(1) As used in this section, "work program" means a budget that contains revenues andexpenditures for specific purposes or functions within an item of appropriation.
(2) (a) Except as provided in Subsection (2)(b), (3)(e), or where expressly exempted inthe appropriating act:
(i) all monies appropriated by the Legislature are appropriated upon the terms andconditions set forth in this chapter; and
(ii) any department, agency, or institution that accepts monies appropriated by theLegislature does so subject to the requirements of this chapter.
(b) This section does not apply to:
(i) the Legislature and its committees; and
(ii) the Investigation Account of the Water Resources Construction Fund, which isgoverned by Section 73-10-8.
(3) (a) Each appropriation item is to be expended subject to any schedule of programsand any restriction attached to the appropriation item, as designated by the Legislature.
(b) Each schedule of programs or restriction attached to an appropriation item:
(i) is a restriction or limitation upon the expenditure of the respective appropriationmade;
(ii) does not itself appropriate any money; and
(iii) is not itself an item of appropriation.
(c) An appropriation or any surplus of any appropriation may not be diverted from anydepartment, agency, institution, or division to any other department, agency, institution, ordivision.
(d) The money appropriated subject to a schedule or programs or restriction may be usedonly for the purposes authorized.
(e) In order for a department, agency, or institution to transfer monies appropriated to itfrom one program to another program within an item of appropriation, the following procedureshall be followed:
(i) The department, agency, or institution seeking to make the transfer shall prepare:
(A) a new work program for the fiscal year involved that consists of the currentlyapproved work program and the transfer sought to be made; and
(B) a written justification for the new work program that sets forth the purpose andnecessity for the transfer.
(ii) The Division of Finance shall process the new work program with writtenjustification and make this information available to the Governor's Office of Planning andBudget and the legislative fiscal analyst.
(f) (i) Except as provided in Subsection (3)(f)(ii), monies may not be transferred fromone item of appropriation to any other item of appropriation.
(ii) The state superintendent may transfer monies appropriated for the Minimum SchoolProgram between line items of appropriation in accordance with Section 53A-17a-105.
(g) (i) The procedures for transferring monies between programs within an item ofappropriation as provided by Subsection (3)(e) do not apply to monies appropriated to the StateBoard of Education for the Minimum School Program or capital outlay programs created in Title53A, Chapter 21, Public Education Capital Outlay Act.

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(ii) The state superintendent may transfer monies appropriated for the programs specifiedin Subsection (3)(g)(i) only as provided by Section 53A-17a-105.

Amended by Chapter 3, 2010 General Session