reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 106 - Federal assistance -- Acceptance -- Approval of applications -- Expenditures necessary for eligibility.

63A-1-106.
Federal assistance -- Acceptance -- Approval of applications -- Expenditures necessary for eligibility.
(1) The executive director with the approval of the governor may accept on behalf of the state, and bind the state by that acceptance, any fund or service, advanced, offered, or contributed in whole or in part by the federal government for purposes consistent with the powers and duties of the department.
(2) All applications for federal grants or other federal assistance in support of any program of the department are subject to the approval of the executive director.
(3) If any executive or legislative provisions of the federal government require the expenditure of state funds as a condition to participation by the state in any fund, property, or service, the executive director, with the governor's approval, shall expend whatever funds are necessary out of the money provided by the Legislature for use and disbursement by the department.
Renumbered and Amended by Chapter 212, 1993 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 107 - Administrative support to building board and building ownership authority.

Effective 5/3/2023
63A-1-107.
Administrative support to building ownership authority.
The executive director shall provide administrative support and staff services to the State Building Ownership Authority.
Amended by Chapter 369, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 108 - Powers and duties of other agencies assigned to executive director.

Effective 5/3/2023
63A-1-108.
Powers and duties of other agencies assigned to executive director.
Powers and duties assigned by other provisions of this title to the Division of Finance, the Division of Facilities Construction and Management, or other agencies or divisions of the department, and not specifically assigned by this chapter, shall be assigned to the executive director with the approval of the governor.
Amended by Chapter 369, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 109 - Divisions of department -- Administration.

Effective 5/4/2022
63A-1-109.
Divisions of department -- Administration.
(1) The department is composed of:
(a) the following divisions:
(i) the Division of Purchasing and General Services, created in Section 63A-2-101;
(ii) the Division of Finance, created in Section 63A-3-101;
(iii) the Division of Facilities Construction and Management, created in Section 63A-5b-301;
(iv) the Division of Fleet Operations, created in Section 63A-9-201;
(v) the Division of Archives and Records Service, created in Section 63A-12-101;
(vi) the Division of Technology Services, created in Section 63A-16-103;
(vii) the Division of Human Resource Management, created in Section 63A-17-105; and
(viii) the Division of Risk Management, created in Section 63A-16-201; and
(b) the Office of Administrative Rules, created in Section 63G-3-401.
(2) Each division described in Subsection (1)(a) shall be administered and managed by a division director.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 109.5 - Department authority to operate a division or office as an internal service fund agency.

Effective 5/10/2016
63A-1-109.5.
Department authority to operate a division or office as an internal service fund agency.
Subject to Section 63A-1-114 and provisions governing internal service funds or internal service fund agencies under Title 63J, Chapter 1, Budgetary Procedures Act, the department may operate a division or office described in Section 63A-1-109 as an internal service fund agency.
Amended by Chapter 193, 2016 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 111 - Service plans established by each division -- Contents -- Distribution.

Effective 5/10/2016
63A-1-111.
Service plans established by each division -- Contents -- Distribution.
(1) Each division and each office of the department shall formulate and establish service plans for each fiscal year.
(2) The service plans shall describe:
(a) the services to be rendered to state agencies;
(b) the methods of providing those services;
(c) the standards of performance; and
(d) the performance measures used to gauge compliance with those standards.
(3) Before the beginning of each fiscal year, the service plans shall be distributed to each state agency that uses the services provided by that division.
Amended by Chapter 193, 2016 General Session
Amended by Chapter 298, 2016 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 112 - Certificates of participation -- Legislative approval required -- Definition -- Exception.

Effective 5/12/2020
63A-1-112.
Certificates of participation -- Legislative approval required -- Definition -- Exception.
(1)
(a) Certificates of participation for either capital facilities or capital improvements may not be issued by the department, its subdivisions, or any other state agency after July 1, 1985, without prior legislative approval.
(b) Nothing in this section affects the rights and obligations surrounding certificates of participation that were issued prior to July 1, 1985.
(2)
(a) As used in this section, "certificate of participation" means an instrument that acts as evidence of the certificate holder's undivided interest in property being lease-purchased, the payment on which is subject to appropriation by the Legislature.
(b)
(i) As used in this Subsection (2)(b), "performance efficiency agreement" means the same as that term is defined in Section 63A-5b-1001.
(ii) "Certificate of participation" does not include a performance efficiency agreement.
Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 114 - Rate committee -- Membership -- Duties.

Effective 5/4/2022
63A-1-114.
Rate committee -- Membership -- Duties.
(1)
(a) There is created a rate committee consisting of the executive directors, commissioners, or superintendents of seven state agencies, which may include the State Board of Education, that use services and pay rates to one of the department internal service funds, or their designee, that the governor appoints for a two-year term.
(b) The department may not have a representative on the rate committee.
(c)
(i) The committee shall elect a chair from the committee's members.
(ii) Members of the committee who are state government employees and who do not receive salary, per diem, or expenses from their agency for their service on the committee shall receive no compensation, benefits, per diem, or expenses for the members' service on the committee.
(d) The department shall provide staff services to the committee.
(2)
(a) A division described in Section 63A-1-109 that manages an internal service fund shall submit to the committee a proposed rate schedule for services rendered by the division to an executive branch entity or an entity that subscribes to services rendered by the division.
(b) The committee shall:
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act;
(ii) meet at least once each calendar year to:
(A) discuss the service performance of each internal service fund;
(B) review the proposed rate schedules;
(C) at the rate committee's discretion, approve, increase, or decrease the rate schedules described in Subsection (2)(b)(ii)(B); and
(D) discuss any prior or potential adjustments to the service level received by state agencies that pay rates to an internal service fund;
(iii) recommend a proposed rate schedule for each internal service fund to:
(A) the Governor's Office of Planning and Budget; and
(B) each legislative appropriations subcommittee that, in accordance with Section 63J-1-410, approves the internal service fund agency's rates and budget; and
(iv) review and approve, increase, or decrease an interim rate when an internal service fund agency begins a new service or introduces a new product between annual general sessions of the Legislature.
(c) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate that has been approved by the Legislature.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 116 - Appointment of coordinator of resource stewardship -- Duties of the coordinator of resource stewardship.

Effective 5/10/2016
63A-1-116.
Appointment of coordinator of resource stewardship -- Duties of the coordinator of resource stewardship.
(1) The executive director of the department shall appoint a state coordinator of resource stewardship and establish the coordinator of resource stewardship's salary.
(2) The coordinator of resource stewardship shall report to the executive director or the executive director's designee.
(3) The coordinator of resource stewardship shall:
(a) work with agencies to implement best practices and stewardship measures to improve air quality; and
(b) make an annual report on best practices and stewardship efforts to improve air quality to the Natural Resources, Agriculture, and Environment Interim Committee.
(4) Each agency will retain absolute discretion whether or not to incorporate any of the practices or measures suggested by the coordinator.
Amended by Chapter 187, 2016 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 117 - Training and certification requirements.

Effective 5/8/2018
63A-1-117.
Training and certification requirements.
The department shall ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
(1) under this title;
(2) by the department; or
(3) by an agency or division within the department.
Enacted by Chapter 200, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 1 - General Provisions › Section 102 - Director of division -- Appointment.

Effective 5/12/2015
63A-2-102.
Director of division -- Appointment.
(1) The executive director shall appoint the director of the Division of Purchasing and General Services with the approval of the governor.
(2) The purchasing director is also the state's chief procurement officer.
Amended by Chapter 98, 2015 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 1 - General Provisions › Section 103 - Duties and authority of purchasing director -- Subscribing to mailing system and electronic central store -- Rate schedule.

Effective 5/3/2023
63A-2-103.
Duties and authority of purchasing director -- State agency requirements -- Rate schedule.
(1) The purchasing director:
(a) shall operate, manage, and maintain:
(i) a central mailing service; and
(ii) an electronic central store system for procuring goods and services;
(b) shall operate, manage, and maintain the surplus property program; and
(c) may establish:
(i) a contract administration service, including contract performance surveys; and
(ii) other central services.
(2)
(a) Each state agency shall:
(i) subscribe to all of the services described in Subsection (1)(a), unless the director delegates the director's authority to a state agency under Section 63A-2-104; and
(ii) complete contract performance surveys as requested by the purchasing director under Subsection (1)(c)(i).
(b) An institution of higher education, the State Board of Education, a school district, or a political subdivision of the state may subscribe to one or more of the services described in Subsection (1)(a).
(3)
(a) The purchasing director shall:
(i) prescribe a schedule of rates to be charged for all services provided by the division after the purchasing director:
(A) submits the proposed rates for services provided by the division's internal service fund to the Rate Committee established in Section 63A-1-114; and
(B) obtains the approval of the Legislature, as required by Section 63J-1-410;
(ii) ensure that the rates are approximately equal to the cost of providing the services; and
(iii) annually conduct a market analysis of rates.
(b) A market analysis under Subsection (3)(a)(iii) shall include a comparison of the division's rates with the rates of other public or private sector providers if comparable services and rates are reasonably available.
Amended by Chapter 73, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 1 - General Provisions › Section 104 - Delegation of general services to departments or agencies -- Writing required -- Contents -- Termination.

Effective 5/12/2015
63A-2-104.
Delegation of general services to departments or agencies -- Writing required -- Contents -- Termination.
(1) The purchasing director, with the approval of the executive director, may delegate, in writing, the purchasing director's authority to perform or control any general services function to another state agency by contract or other means authorized by law, if:
(a) in the judgment of the executive director, the state agency has requested the authority; and
(b) the state agency has the necessary resources and skills to perform or control the functions.
(2) The purchasing director may delegate the purchasing director's authority only when the delegation would result in net cost savings or improved service delivery to the state as a whole.
(3) The written delegation shall contain:
(a) a precise definition of each function to be delegated;
(b) a clear description of the standards to be met in performing each function delegated;
(c) a provision for periodic administrative audits by the department; and
(d) a date on which the agreement shall terminate if not previously terminated or renewed.
(4) An agreement to delegate functions to a state agency may be terminated by the department if the results of an administrative audit conducted by the department reveal lack of compliance with the terms of the agreement.
Amended by Chapter 98, 2015 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 1 - General Provisions › Section 105 - Director to approve certain purchases.

Effective 5/12/2015
63A-2-105.
Director to approve certain purchases.
(1) A state agency that intends to purchase any mail-related equipment or copy machine shall submit a purchase request to the purchasing director.
(2) The purchasing director shall review a request under Subsection (1) to ensure that:
(a) the authority to perform those functions has been appropriately delegated to the state agency under this part;
(b) the equipment meets proper specifications; and
(c) the benefits from the state agency's purchase of the equipment outweigh the benefits of having the same functions performed by the division.
Amended by Chapter 98, 2015 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 1 - General Provisions › Section 106 - Background checks for employees.

Effective 5/8/2018
63A-2-106.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
(2) Beginning July 1, 2018, the division shall require all applicants for the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
(a) assistant directors;
(b) contract analysts; and
(c) purchasing agents.
(3) Each applicant for a position listed in Subsection (2) shall provide a completed fingerprint card to the division upon request.
(4) The division shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the division that meets the requirements of Subsection 53-10-108(4).
(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the division shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and nationwide background check.
(6) The division is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
(7) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) determine how the division will assess the employment status of an individual upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
Enacted by Chapter 427, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 4 - Surplus Property Service › Section 401 - State agencies required to participate in surplus property program -- Declaring property to be state surplus property -- Division authority.

Effective 5/4/2022
63A-2-401.
State agencies required to participate in surplus property program -- Declaring property to be state surplus property -- Division authority.
(1) Except as otherwise provided in this part, a state agency shall dispose of and acquire state surplus property by participating in the surplus property program.
(2) A state agency may declare property that the state agency owns to be state surplus property by making a written determination that the property is state surplus property.
(3) The division shall determine the appropriate method for disposing of state surplus property.
(4) The division may:
(a) establish facilities to store state surplus property at locations throughout the state; and
(b) after consultation with the state agency requesting the sale of state surplus property, establish the selling price for the state surplus property.
(5) As provided in Title 63J, Chapter 1, Budgetary Procedures Act, the division may transfer proceeds generated by the sale of state surplus property to the state agency requesting the sale, reduced by a rate approved in accordance with Subsection 63A-2-103(3) to pay the division's costs of administering the surplus property program.
(6) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules establishing a surplus property program that meets the requirements of this chapter.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 4 - Surplus Property Service › Section 408 - Authority of state or local subdivision to receive property -- Revocation of authority of officer.

Effective 5/12/2015
63A-2-408.
Authority of state or local subdivision to receive property -- Revocation of authority of officer.
(1) Notwithstanding any other provision of law, the governing board or the executive director of any state department, instrumentality, or agency that is not a state agency, or the legislative body of any city, county, school district, or other political subdivision may by order or resolution give any officer or employee the authority to:
(a) secure the transfer of state surplus property or federal surplus property through the division under the property act; and
(b) obligate the state or political subdivision and its funds to the extent necessary to comply with the terms and conditions of those transfers.
(2) The authority conferred upon any officer or employee by an order or resolution remains in effect until:
(a) the order or resolution is revoked; and
(b) the division has received written notice of the revocation.
Amended by Chapter 98, 2015 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 4 - Surplus Property Service › Section 409 - Disposal of certain surplus property.

Effective 5/12/2015
63A-2-409.
Disposal of certain surplus property.
This part does not apply to disposition by:
(1) the legislative branch of surplus property that is information technology equipment, if the Legislative Management Committee, by rule, establishes its own policy for disposition, by the legislative branch, of surplus property that is information technology equipment; or
(2) the Department of Transportation of surplus personal property that was acquired as part of a transaction or legal action by the Department of Transportation acquiring real property for a state transportation purpose.
Amended by Chapter 98, 2015 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 4 - Surplus Property Service › Section 411 - Disposal of state surplus property with minimal value.

Effective 5/14/2019
63A-2-411.
Disposal of state surplus property with minimal value.
(1) As used in this section, "item of minimal value" means an item of property that:
(a)
(i) had an initial purchase price of less than $100; and
(ii) does not appreciate in value; or
(b) the surplus property program administrator determines to be worth less than $100.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules that permit a state agency to dispose of an item of minimal value that the state agency has declared to be state surplus property as provided in Section 63A-2-401.
(3) Property of a state agency is presumed to be an item of minimal value if the property is not purchased after the surplus property program administrator offers the property for sale to the public at a price above $100.
Amended by Chapter 488, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 2 - Division of Purchasing and General Services › Part 5 - Educational Interpretation and Translation Services Procurement Advisory Council › Section 501 - Definitions.

Affected by 63I-2-263 on 7/1/2025
Effective 5/4/2022
63A-2-501.
Definitions.
As used in this part:
(1) "Advisory council" means the Educational Interpretation and Translation Services Procurement Advisory Council established in Section 63A-2-502.
(2) "Contract" means a contract entered into by the division for interpretation or translation services in accordance with Section 63A-2-502.
(3) "Local education agency" or "LEA" means the same as that term is defined in Section 53E-1-102.
(4) "State board" means the State Board of Education.
Enacted by Chapter 354, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 1 - General Provisions › Section 102 - Director of division -- Appointment.

63A-3-102.
Director of division -- Appointment.
(1) The executive director shall appoint the director of the Division of Finance with the approval of the governor.
(2) The director of the Division of Finance shall serve at the pleasure of the executive director.
(3) The director of the Division of Finance is the state's chief fiscal officer and the state's accounting officer.
Enacted by Chapter 212, 1993 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 1 - General Provisions › Section 103 - Duties of director of division -- Application to institutions of higher education.

Effective 5/5/2021
63A-3-103.
Duties of director of division -- Application to institutions of higher education.
(1) The director of the Division of Finance shall:
(a) define fiscal procedures relating to approval and allocation of funds;
(b) provide for the accounting control of funds;
(c) promulgate rules that:
(i) establish procedures for maintaining detailed records of all types of leases;
(ii) account for all types of leases in accordance with generally accepted accounting principles;
(iii) require the performance of a lease with an option to purchase study by state agencies prior to any lease with an option to purchase acquisition of capital equipment; and
(iv) require that the completed lease with an option to purchase study be approved by the director of the Division of Finance;
(d) if the department operates the Division of Finance as an internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate Committee established in Section 63A-1-114:
(i) the proposed rate and fee schedule as required by Section 63A-1-114; and
(ii) other information or analysis requested by the Rate Committee;
(e) oversee the Office of State Debt Collection;
(f) publish the state's current constitutional debt limit on the public finance website established by the state auditor in accordance with Section 67-3-12; and
(g) prescribe other fiscal functions required by law or under the constitutional authority of the governor to transact all executive business for the state.
(2)
(a) Institutions of higher education are subject to the provisions of Title 63A, Chapter 3, Part 1, General Provisions, and Title 63A, Chapter 3, Part 2, Accounting System, only to the extent expressly authorized or required by the Utah Board of Higher Education under Title 53B, State System of Higher Education.
(b) Institutions of higher education shall submit financial data for the past fiscal year conforming to generally accepted accounting principles to the director of the Division of Finance.
(3) The Division of Finance shall prepare financial statements and other reports in accordance with legal requirements and generally accepted accounting principles for the state auditor's examination and certification:
(a) not later than 60 days after a request from the state auditor; and
(b) at the end of each fiscal year.
Amended by Chapter 84, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 1 - General Provisions › Section 104 - Appropriation for contingency purposes -- Procedure for allotment -- Legislative intent.

Effective 5/10/2016
63A-3-104.
Appropriation for contingency purposes -- Procedure for allotment -- Legislative intent.
(1)
(a) The Legislature shall determine the amount to be appropriated for contingency purposes, as well as the limits on the amount of any one allotment or total allotments to any one agency.
(b) In advance of making any such allotment, the governor shall notify the Legislature through the Office of the Legislative Fiscal Analyst, of his or her intent to do so, of the amount to be allotted, and the justification for the allotment.
(2) It is the intent of the Legislature that such transfers be made only for unforeseeable emergencies, and allotments shall not be made to correct poor budgetary practices or for purposes having no existing appropriation or authorization.
Amended by Chapter 298, 2016 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 1 - General Provisions › Section 105 - Securities deposited with state treasurer -- Release.

63A-3-105.
Securities deposited with state treasurer -- Release.
(1) The director of the Division of Finance shall collect and deposit with the state treasurer all stocks, evidences of indebtedness, bonds, and securities of every kind and nature belonging to the state or any of its departments.
(2) The state treasurer shall keep a complete record of the items deposited under Subsection (1) and credit each to the proper fund or account. The treasurer shall release the items only upon the order of the director.
Renumbered and Amended by Chapter 212, 1993 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 1 - General Provisions › Section 106 - Per diem rates for board members.

Effective 3/22/2018
63A-3-106.
Per diem rates for board members.
(1) As used in this section and Section 63A-3-107:
(a) "Board" means a board, commission, council, committee, task force, or similar body established to perform a governmental function.
(b) "Board member" means a person appointed or designated by statute to serve on a board.
(c) "Executive branch" means an agency within the executive branch of state government.
(d)
(i) "Governmental entity" has the same meaning, except as provided in Subsection (1)(d)(ii), as provided under Section 63G-2-103.
(ii) "Governmental entity" does not include an association as defined in Section 53G-7-1101.
(e) "Higher education" means a state institution of higher education, as defined under Section 53B-1-102.
(f) "Officer" means a person who is elected or appointed to an office or position within a governmental entity.
(g) "Official meeting" means a meeting of a board that is called in accordance with statute.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and subject to approval by the executive director, the director of the Division of Finance shall make rules establishing per diem rates to defray subsistence costs for a board member's attendance at an official meeting.
(3) Unless otherwise provided by statute, a per diem rate established under Subsection (2) is applicable to a board member who serves:
(a) within the executive branch, except as provided under Subsection (3)(b);
(b) within higher education, unless higher education pays the costs of the per diem;
(c) on a board that is:
(i) not included under Subsection (3)(a) or (b); and
(ii) created by a statute that adopts the per diem rates by reference to:
(A) this section; and
(B) the rule authorized by this section; and
(d) within a government entity that is not included under Subsection (3)(a), if the government entity adopts the per diem rates by reference to:
(i) this section; or
(ii) the rule establishing the per diem rates.
(4)
(a) Unless otherwise provided by statute, a board member who is not a legislator may receive per diem under this section and travel expenses under Section 63A-3-107 if the per diem and travel expenses are incurred by the board member for attendance at an official meeting.
(b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or travel expenses under this Subsection (4) if the board member is being paid by a governmental entity while performing the board member's service on the board.
(5) A board member may decline to receive per diem for the board member's service.
(6) Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 1 - General Provisions › Section 107 - Travel expenses of board members and state officers and employees.

Effective 5/13/2014
63A-3-107.
Travel expenses of board members and state officers and employees.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and subject to approval by the executive director, the director of the Division of Finance shall make rules governing in-state and out-of-state travel expenses.
(2) Unless otherwise provided by statute, a travel expense rule established under Subsection (1) is applicable to:
(a) a board member, an officer, or employee of the executive branch, except as provided under Subsection (2)(b);
(b) a board member, an officer, or employee of higher education, unless higher education pays the costs of the travel expenses;
(c) a board member who:
(i) is not included under Subsection (2)(a) or (b); and
(ii) serves on a board created by a statute that adopts the travel expense rates by reference to:
(A) this section; and
(B) the rule authorized by this section; and
(d) a government entity that is not included under Subsection (2)(a), if the government entity adopts the travel expense provisions by reference to:
(i) this section; or
(ii) the rule establishing the travel expense provisions.
(3) The Division of Finance shall make the travel expense rules on the basis of:
(a) a mileage allowance; and
(b) reimbursement for other travel expenses incurred.
(4) The travel expense rules may specify an exception to a travel expense rule or allow the director of the Division of Finance to make an exception to a travel expense rule, when justified by the executive director of the executive branch agency or department, to meet special circumstances encountered in official attendance at a conference, convention, meeting, or other official business, as determined by the director of the Division of Finance.
(5) An officer or employee of the executive branch may not incur obligations for travel outside the state without the advance approval of the executive director or a designee of the executive director of an executive branch department or agency.
(6) A board member may decline to receive travel expenses for the board member's service.
(7) Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Amended by Chapter 387, 2014 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 1 - General Provisions › Section 109 - Contribution dependent accounts -- Annual report.

Effective 5/4/2022
63A-3-109.
Contribution dependent accounts -- Annual report.
(1) As used in this section:
(a)
(i) "Contribution" means a voluntary donation of money or other valuable property to a state fund or account.
(ii) "Contribution" does not include:
(A) a fee or tax levied by a state entity; or
(B) a voluntary donation made under Title 41, Chapter 1a, Motor Vehicle Act or Title 59, Chapter 10, Part 13, Individual Income Tax Contribution Act.
(b)
(i) "Contribution dependent account" means a state fund or account that:
(A) receives at least 50% of the fund's or account's revenue from contributions; and
(B) is not intended to be used to directly provide services exclusively to a person who makes a contribution to the fund or account.
(ii) "Contribution dependent account" does not include a fiduciary fund as defined in Section 51-5-4.
(2) The Division of Finance shall annually prepare a report that:
(a) lists each contribution dependent account that did not receive at least $30,000 in contributions during at least one of the three fiscal years before the day on which the report is compiled; and
(b) recommends that the Legislature close each contribution dependent account listed in the report.
(3) The Division of Finance shall present the report described in Subsection (2) to the Executive Appropriations Committee by November 30 of each year.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 2 - Accounting System › Section 201 - Appointment of accounting and other officers and employees by director of the Division of Finance -- Delegation of powers and duties by director -- Background checks.

Effective 5/4/2022
63A-3-201.
Appointment of accounting and other officers and employees by director of the Division of Finance -- Delegation of powers and duties by director -- Background checks.
(1) With the approval of the executive director, the director of the Division of Finance shall appoint an accounting officer and other administrative officers that are necessary to efficiently and economically perform the functions of the Division of Finance.
(2) The director of the Division of Finance may:
(a) organize the division and employ other assistants to discharge the functions of the division;
(b) delegate to assistants, officers, and employees any of the powers and duties of the office subject to his or her control and subject to any conditions he may prescribe; and
(c) delegate the powers and duties of the office only by written order filed with the lieutenant governor.
(3)
(a) As used in this Subsection (3):
(i) "Public employee" means a person employed by a state agency.
(ii) "Public funds" means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by a state agency.
(iii) "Public funds position" means employment with a state agency that requires:
(A) physical or electronic access to public funds;
(B) performing internal control functions or accounting;
(C) creating reports on public funds; or
(D) using, operating, or accessing state systems that account for or help account for public funds.
(iv) "State agency" means:
(A) an executive branch agency; or
(B) a state educational institution with the exception of an institution defined in Subsection 53B-1-102(1).
(b) The Division of Finance may require that a public employee who applies for or holds a public funds position:
(i) submit a fingerprint card in a form acceptable to the division;
(ii) consent to a criminal background check by:
(A) the Federal Bureau of Investigation;
(B) the Utah Bureau of Criminal Identification; or
(C) another agency of any state that performs criminal background checks; or
(iii) consent to a credit history report, subject to the requirements of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq.
(c) The Bureau of Criminal Identification shall provide all the results from the state, regional, and nationwide criminal history background checks to the division.
(d) The Division of Finance may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to implement this section.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 2 - Accounting System › Section 202 - Comprehensive state accounting system -- Approval of agency accounting systems -- Cost accounting systems required.

63A-3-202.
Comprehensive state accounting system -- Approval of agency accounting systems -- Cost accounting systems required.
(1) The director of the Division of Finance shall establish a comprehensive state accounting system.
(2) Officers, departments, agencies, and institutions of Utah may create and maintain accounting systems only with the approval of the director.
(3) The director may, with the approval of the executive director, require any department or institution to install and maintain a cost accounting system that will disclose the unit cost of material or service produced or performed by a department.
Renumbered and Amended by Chapter 212, 1993 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 2 - Accounting System › Section 203 - Accounting control over state departments and agencies -- Prescription and approval of financial forms and accounting systems.

Effective 5/4/2022
63A-3-203.
Accounting control over state departments and agencies -- Prescription and approval of financial forms and accounting systems.
(1) The director of the Division of Finance shall:
(a) exercise accounting control over all state departments and agencies except institutions of higher education; and
(b) prescribe the manner and method of certifying that funds are available and adequate to meet all contracts and obligations.
(2) The director shall audit all claims against the state for which an appropriation is made.
(3)
(a) The director shall prescribe:
(i) all forms of requisitions, receipts, vouchers, bills, or claims to be used by all state departments and agencies; and
(ii) all forms to be used by the division.
(b) Before approving the forms in Subsection (3)(a), the director shall obtain approval from the state auditor that the forms will adequately facilitate the post-audit of public accounts.
(4) Before implementation by any state agency, the director of the Division of Finance shall review and approve any accounting system developed by a state agency.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 2 - Accounting System › Section 204 - Financial control system -- Financial reports as to state funds -- Information required of executive directors of state departments.

63A-3-204.
Financial control system -- Financial reports as to state funds -- Information required of executive directors of state departments.
(1) The director of the Division of Finance shall:
(a) maintain a financial control system according to generally accepted accounting principles;
(b) record the constituent elements of the General Fund and of each special fund in proper relationship to each other; and
(c) keep all accounts in balance.
(2) The director of the Division of Finance shall prepare and submit to the governor and to the Legislature, when requested, reports showing:
(a) the condition of the General Fund and each special fund of the state;
(b) the available cash resources of the General Fund and each special fund of the state;
(c) as to each fund:
(i) the estimated revenue and anticipated time of collection;
(ii) the current encumbrances, future obligations, and estimated date they accrue;
(iii) appropriations;
(iv) obligations;
(v) monthly allotments;
(vi) unencumbered allotments; and
(vii) reserves and surpluses;
(d) the capital assets and liability accounts of the state; and
(e) the valuation account of all other state property.
(3) The executive director of each department of state government and all institutions of higher education shall submit statements containing the information and data necessary to enable the director of the Division of Finance to submit to the governor the reports required by Subsection (2).
Renumbered and Amended by Chapter 212, 1993 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 2 - Accounting System › Section 205 - Revolving loan funds -- Standards and procedures.

Effective 7/1/2022
63A-3-205.
Revolving loan funds -- Standards and procedures.
(1) As used in this section, "revolving loan fund" means:
(a) the Water Resources Conservation and Development Fund, created in Section 73-10-24;
(b) the Water Resources Construction Fund, created in Section 73-10-8;
(c) the Water Resources Cities Water Loan Fund, created in Section 73-10-22;
(d) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean Fuels and Emission Reduction Technology Program Act;
(e) the Water Development Security Fund and its subaccounts, created in Section 73-10c-5;
(f) the Agriculture Resource Development Fund, created in Section 4-18-106;
(g) the Utah Rural Rehabilitation Fund, created in Section 4-19-105;
(h) the Permanent Community Impact Fund, created in Section 35A-8-303;
(i) the Petroleum Storage Tank Fund, created in Section 19-6-409;
(j) the Uintah Basin Revitalization Fund, created in Section 35A-8-1602;
(k) the Navajo Revitalization Fund, created in Section 35A-8-1704; and
(l) the Energy Efficiency Fund, created in Section 11-45-201.
(2) The division shall for each revolving loan fund make rules establishing standards and procedures governing:
(a) payment schedules and due dates;
(b) interest rate effective dates;
(c) loan documentation requirements; and
(d) interest rate calculation requirements.
Amended by Chapter 100, 2022 General Session
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 301 - Definitions.

Effective 5/12/2020
63A-3-301.
Definitions.
As used in this part:
(1) "Account receivable" or "receivable" means any amount due the state or any other governmental entity within the state as a result of a judgment, citation, tax, or administrative order, or for which materials or services have been provided but for which payment has not been received by the servicing unit.
(2) "Debtor" means a party that owes, or is alleged to owe, an account receivable.
(3) "Division" means the Division of Finance, created in Section 63A-3-101.
(4) "Local agency" means a nonprofit entity organized by participating political subdivisions to act on behalf of the participating political subdivisions with respect to the office's efforts to collect accounts receivable of participating political subdivisions through administrative offsets.
(5) "Mail" means United States Postal Service first class mail to the intended recipient's last known address.
(6) "Participating political subdivision" means a political subdivision that has entered into an agreement with a local agency authorizing the local agency to act on behalf of the political subdivision with respect to the office's efforts to collect accounts receivable of the political subdivision through administrative offsets.
(7) "Political subdivision" means the same as that term is defined in Section 63G-7-102.
Amended by Chapter 297, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 302 - Unpaid accounts receivable -- Political subdivision agreement with local agency.

Effective 5/4/2022
63A-3-302.
Unpaid accounts receivable -- Political subdivision agreement with local agency.
(1)
(a) Except as provided in Subsections (1)(b) and (c), if any account receivable at any point has been unpaid for 90 days or more, any agency or other authority of the state, or any political subdivision responsible for collection of the account may proceed under this part to collect the delinquent amount.
(b) A governmental entity within the state that is a health care provider may not proceed under this part when the account receivable is for a medical material or service and the debtor:
(i) has made a payment arrangement with the health care provider; and
(ii) is current on payments under the payment arrangement.
(c) The state, a governmental entity within the state, or a local agency acting on behalf of a political subdivision within the state may proceed under this part on an account receivable that is for a property tax imposed under Title 59, Chapter 2, Property Tax Act, only if the account receivable is three or more years delinquent.
(2)
(a) A political subdivision may enter into an agreement with a local agency under which the local agency, for a reasonable fee that the political subdivision and local agency agree upon, prepares and submits the political subdivision's accounts receivable for collection as provided in this part.
(b) Notwithstanding an agreement under Subsection (2)(a), a participating political subdivision shall:
(i) establish an agreement with the division for submitting delinquent accounts receivable under this part; and
(ii) with respect to the accounts receivable that the participating political subdivision submits through a local agency for collection under this part:
(A) receive and respond to an administrative hearing requested under Section 63A-3-305; and
(B) administer an adjudicative proceeding required under Section 63A-3-306.
Amended by Chapter 261, 2022 General Session