reglab/statecodes huggingface dataset:
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 3 - Tier II Hybrid Retirement System › Section 309 - Defined benefit adjustments -- Conditions -- Process -- Future years accrual.

Effective 7/1/2019
49-23-309.
Defined benefit adjustments -- Conditions -- Process -- Future years accrual.
(1) In accordance with this section, the Legislature may make adjustments to the benefits provided for the defined benefit portion of the Tier II Hybrid Retirement System created under this part if the member's contribution required under Subsection 49-23-301(2)(b) to the certified contribution rate for the defined benefit portion of this system exceeds 2% of the member's salary and:
(a)
(i) the membership council created under Section 49-11-205 recommends an adjustment to the board in accordance with Subsection (2); and
(ii) the board recommends specific adjustments to the Legislature in accordance with Subsection (2); or
(b) an actuarial study that conforms with generally accepted actuarial principles and practices and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and requested or commissioned by the board or the Legislature concludes:
(i) there is a significant likelihood that contribution rates will continue to rise; and
(ii) that participating employers are liable for system costs above the contribution rate established under Subsection 49-23-301(2)(a).
(2) If the conditions under Subsection (1)(a) or (b) are met, the Legislature may adjust benefits for the defined benefit portion of the Tier II Hybrid Retirement System accrued or applied for future years of service including:
(a) the final average salary calculation provided under Section 49-23-102;
(b) the years of service required to be eligible to receive a retirement allowance under Section 49-23-303;
(c) the years of service credit multiplier established under Subsection 49-23-304(2)(a);
(d) the annual cost-of-living adjustment under Section 49-23-307; or
(e) other provisions of the defined benefit portion of the Tier II Hybrid Retirement System.
(3)
(a) Notwithstanding the provisions of Subsections (1) and (2), the Legislature may make adjustments to the benefits provided for the defined benefit portion of the Tier II Hybrid Retirement System created under this part if an actuarial study described under Subsection (1)(b) concludes, due to current and projected economic conditions, member participation levels, and system structure, that the system:
(i) cannot reasonably be sustained under its current provisions;
(ii) is critically underfunded; and
(iii) has become unstable and is in risk of collapse.
(b) Subject to federal law, the adjustments under Subsection (3)(a) may include:
(i) conversion to a different type of retirement plan;
(ii) equitable distribution of system assets to retirees and members; and
(iii) a closure of the system.
Amended by Chapter 31, 2019 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 4 - Tier II Defined Contribution Plan › Section 402 - Defined contribution distributions for disabled members.

49-23-402.
Defined contribution distributions for disabled members.
For a person who is disabled and receives contributions under Subsection 49-11-404(4)(b), the disabled member may begin receiving distributions from the defined contributions made by the participating employer on behalf of the disabled member when the person would have been eligible to retire if the person was covered by the defined benefit portion of the Tier II hybrid retirement system under Part 3, Tier II Hybrid Retirement System.
Enacted by Chapter 266, 2010 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 4 - Tier II Defined Contribution Plan › Section 403 - Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.

Effective 7/1/2021
49-23-403.
Eligibility to receive a retirement allowance for a benefit tied to a retirement date for defined contribution members.
(1) As used in this section, "eligible to receive a retirement allowance" means the date selected by the member who is a participant under this part on which the member has ceased employment and would be qualified to receive an allowance under Section 49-23-303 if the member had been under the Tier II Hybrid Retirement System for the same period of employment.
(2) The office and a participating employer shall make an accounting of years of service credit accrued for a member who is a participant under this part in order to calculate when a member would be eligible to receive a retirement allowance for purposes of establishing when a member may be eligible for a benefit tied to a retirement date that may be provided under Section 63A-17-508, this title, another state statute, or by a participating employer.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 5 - Death Benefit › Section 501 - Death benefit -- Eligibility for death benefit -- Benefit calculation -- Payment of claim.

Effective 7/1/2020
49-23-501.
Death benefit -- Eligibility for death benefit -- Benefit calculation -- Payment of claim.
(1) The office shall provide a death benefit for members of this system.
(2) The board shall make rules to administer the death benefit provided by this section and may, in accordance with federal law, establish:
(a) benefit levels;
(b) classes of members; and
(c) a living benefit option.
(3) This death benefit is payable when:
(a) the member dies prior to the member's retirement date or dies under circumstances which Subsection 49-23-304(4) requires to be treated as the death of a member before retirement;
(b) the office receives acceptable proof of death; and
(c) benefits are not payable under Section 49-23-306.
(4) The death benefit payable to the beneficiary under this section is a lump-sum payment consisting of:
(a) the return of any member contributions under this chapter; plus
(b) a percentage of the final average salary of the member to be determined by the board.
(5) Any amount of a living benefit option paid to the member prior to death shall be deducted from the benefit payable to the beneficiary.
(6) The cost of the death benefit shall be paid by the participating employer in addition to the contribution rate established under Section 49-23-301 or 49-23-401.
(7) The portion of the death benefit provided under Subsection (4)(b) may not be paid to the beneficiary of an inactive member unless the death of the member occurs either:
(a) within a period of 120 days after the last day of work for which the person received compensation; or
(b) while the member is still physically or mentally incapacitated from performance of duties, if the incapacity has been continuous since the last day of work for which compensation was received.
(8) The death benefit provided under Subsection (4)(b) shall be paid in accordance with Sections 49-11-609 and 49-11-610.
(9) The death benefit paid to the beneficiary of an inactive member, except as otherwise provided under Subsection (7), is a lump-sum return of the member's member contributions.
(10) Payment of the death benefit by the office constitutes a full settlement of any beneficiary's claim against the office and the office is not liable for any further or additional claims or assessments on behalf of the member.
(11) Unless otherwise specified in a written document filed with the office, death benefits payable to beneficiaries shall be in accordance with the order of precedence established under Title 75, Chapter 2, Intestate Succession and Wills.
(12) A death benefit under this section may not be paid on behalf of a retiree under this system.
(13) Except for the death benefit described in Subsection (4), a member of the Tier II defined contribution plan is not eligible for death benefits under this section or Section 49-23-502 or 49-23-503.
Amended by Chapter 24, 2020 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 5 - Death Benefit › Section 503 - Death of active member in line of duty -- Payment of benefits.

Effective 7/1/2023
49-23-503.
Death of active member in line of duty -- Payment of benefits.
If an active member of this system dies, benefits are payable as follows:
(1) If the death is classified by the office as a line-of-duty death, benefits are payable as follows:
(a) If the member has accrued less than 20 years of public safety service or firefighter service credit, the surviving spouse shall receive:
(i) a lump sum equal to six months of the active member's final average salary; and
(ii) the greater of:
(A) an allowance equal to 30% of the member's final average monthly salary; or
(B) an allowance equal to 2% of the member's final average monthly salary multiplied by the years of service credit accrued by the member.
(b) If the member has accrued 20 or more years of public safety service or firefighter service credit, the member shall be considered to have retired with an Option One allowance calculated without an actuarial reduction under Section 49-23-304 and the surviving spouse shall receive the allowance that would have been payable to the member.
(2)
(a) A volunteer firefighter is eligible for a line-of-duty death benefit under this section if the death results from external force, violence, or disease directly resulting from firefighter service.
(b) The lowest monthly compensation of firefighters of a city of the first class in this state at the time of death shall be considered to be the final average monthly salary of a volunteer firefighter for purposes of computing these benefits.
(c) Each volunteer fire department shall maintain a current roll of all volunteer firefighters that meet the requirements of Subsection 49-23-102(14) to determine the eligibility for this benefit.
(3)
(a) If the death is classified as a line-of-duty death by the office, death benefits are payable under this section and the surviving spouse is not eligible for benefits under Section 49-23-502.
(b) If the death is not classified as a line-of-duty death by the office, benefits are payable in accordance with Section 49-23-502.
(4)
(a) A surviving spouse who qualifies for a monthly benefit under this section shall apply in writing to the office.
(b) The allowance shall begin on the first day of the month following the month in which the:
(i) member or participant died, if the application is received by the office within 90 days of the date of death of the member or participant; or
(ii) application is received by the office, if the application is received by the office more than 90 days after the date of death of the member or participant.
Amended by Chapter 59, 2023 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 5 - Death Benefit › Section 504 - Death of members -- Exemption from vesting requirements for employer nonelective contributions to defined contribution plan.

Effective 5/12/2015
49-23-504.
Death of members -- Exemption from vesting requirements for employer nonelective contributions to defined contribution plan.
(1)
(a) If an active member dies, employer nonelective contributions made on behalf of the employee to a defined contribution plan under Section 49-23-302 or 49-23-401 are exempt from the vesting requirements of Subsections 49-23-302(2)(a) and 49-23-401(3)(a).
(b) The total amount of nonelective contributions made by the participating employer vests to the member upon death and the member's beneficiary is entitled to receive a distribution of the employer contributions made on behalf of the employee and all associated investment gains and losses.
(2) Employer contributions vested and distributed under this section are in addition to and separate from the benefits payable under Sections 49-23-501, 49-23-502, and 49-23-503.
Enacted by Chapter 315, 2015 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 6 - Disability Benefit › Section 601 - Long-term disability coverage.

Effective 5/3/2023
49-23-601.
Long-term disability coverage.
(1) A participating employer shall cover a public safety service employee who initially enters employment on or after July 1, 2011, under Chapter 21, Public Employees' Long-Term Disability Act, or a substantially similar long-term disability program.
(2)
(a) A participating employer shall cover a firefighter service employee who initially enters employment on or after July 1, 2011, under Chapter 21, Public Employees' Long-Term Disability Act.
(b) In accordance with this section, a participating employer shall provide long-term disability benefit coverage for a volunteer firefighter as provided under Section 49-16-701.
(c) The office shall ensure that the cost of the long-term disability benefit coverage provided under Subsections (2)(a) and (b) is funded with revenue received under Section 49-11-901.5.
Amended by Chapter 37, 2023 General Session
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 49 - Utah State Retirement and Insurance Benefit Act › Chapter 23 - New Public Safety and Firefighter Tier II Contributory Retirement Act › Part 6 - Disability Benefit › Section 602 - Benefit protection contract.

Effective 7/1/2022
49-23-602.
Benefit protection contract.
(1) As used in this section:
(a) "Objective medical impairment" means the same as that term is defined in Section 49-21-102.
(b) "Qualifying injury or illness" means a physical or mental objective medical impairment resulting from external force or violence as a result of the performance of an employment duty.
(2)
(a) A participating employer shall provide a benefit protection contract described in Section 49-11-404 for any public safety service employee or firefighter service employee who suffers a qualifying injury or illness as determined in accordance with this section.
(b) A participating employer may elect to provide a benefit protection contract for any other injury or illness of a public safety service employee or firefighter service employee in accordance with the requirements for providing a benefit protection contract, including the provisions of Section 49-11-404.
(3)
(a) For purposes of Subsection (2)(a), the provider of long-term disability or workers' compensation indemnity benefits shall determine if a public safety service employee or firefighter service employee has suffered a qualifying injury or illness, including completing any appeals relating to that determination in accordance with the applicable appeals procedures.
(b) In addition to the annual report requirements under Section 49-11-404:
(i) if there is final determination that a public safety service employee or firefighter service employee has suffered a qualifying injury or illness and is awarded an ongoing monthly disability benefit based on that qualifying injury or illness, the participating employer shall immediately notify the office of the employee's award of that ongoing monthly disability benefit; and
(ii) if the public safety service employee's or firefighter service employee's monthly disability benefit is terminated for any reason, the participating employer shall immediately notify the office of the termination of the monthly disability benefit.
Enacted by Chapter 122, 2022 General Session
2023 Utah Code › Title 50 - Pools and Trusts › Chapter 2 - Unjust Discrimination Against Newspapers › Section 1 - Business of gathering and vending news a matter of public interest.

50-2-1.
Business of gathering and vending news a matter of public interest.
All persons, all associations of persons and all corporations engaged in the business of buying, gathering or accumulating information or news for publication, and vending, supplying, distributing or disseminating the same for publication, either to the members of such associations or corporations or otherwise, shall be deemed to be engaged in a business upon which a public interest is engrafted, and shall make no distinction with respect to newspaper publishers desiring to purchase such news or information for publication.
No Change Since 1953
2023 Utah Code › Title 50 - Pools and Trusts › Chapter 2 - Unjust Discrimination Against Newspapers › Section 2 - Discrimination against newspaper publishers forbidden.

50-2-2.
Discrimination against newspaper publishers forbidden.
It shall be unlawful for any person, association of persons or corporation engaged in gathering and furnishing news for publication to make any discrimination or distinction with respect to persons engaged in publishing newspapers.
No Change Since 1953
2023 Utah Code › Title 50 - Pools and Trusts › Chapter 2 - Unjust Discrimination Against Newspapers › Section 3 - Combinations to control news unlawful.

50-2-3.
Combinations to control news unlawful.
Any combination having for its object or effect the controlling of information or news gathered or accumulated for distribution and publication shall be deemed a trust, and hostile to the public welfare, and is prohibited and declared unlawful.
No Change Since 1953
2023 Utah Code › Title 50 - Pools and Trusts › Chapter 2 - Unjust Discrimination Against Newspapers › Section 4 - Discrimination in service charges forbidden.

50-2-4.
Discrimination in service charges forbidden.
All associations of persons and corporations engaged in the business of gathering and disseminating information or news for publication by their members or stockholders, or otherwise, shall be deemed to be engaged in a business in which the public is interested, and shall furnish such news to any and all newspapers desiring to publish the same at the same price as charged to the members of such association or corporation, or stockholders of any such corporation, without discrimination between the members or stockholders and such newspapers desiring to publish such information and news; and shall render equal and impartial service to all publishers of newspapers who shall offer to pay a reasonable price therefor.
No Change Since 1953
2023 Utah Code › Title 50 - Pools and Trusts › Chapter 2 - Unjust Discrimination Against Newspapers › Section 6 - Evidence to establish trust or combination.

50-2-6.
Evidence to establish trust or combination.
In all actions brought under this chapter it shall be sufficient to prove that a trust or combination as defined herein existed, and that the defendant belonged to it, or acted for or in connection with it, without proving or producing any article of agreement, or any written instrument on which it may have been based, or that it was evidenced by any written instrument at all. The character of the trust or combination alleged may be established by proof of its general reputation as such.
No Change Since 1953
2023 Utah Code › Title 50 - Pools and Trusts › Chapter 2 - Unjust Discrimination Against Newspapers › Section 7 - Telephone and telegraph companies deemed agents of vendors.

50-2-7.
Telephone and telegraph companies deemed agents of vendors.
All telephone and telegraph companies employed to transmit such information or news shall be deemed to be process agents of such persons and corporations, and an offer to pay a reasonable price to such telephone or telegraph companies shall be equivalent to an offer to pay the same to the persons or corporations gathering and disseminating such information or news.
No Change Since 1953
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 1 - General Provisions › Section 101 - Title.

51-2a-101.
Title.
This chapter is known as the "Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act."
Enacted by Chapter 206, 2004 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 2 - Accounting Reports › Section 201 - Accounting reports required.

Effective 3/1/2017
51-2a-201.
Accounting reports required.
(1) The governing board of an entity whose revenues or expenditures of all funds is $1,000,000 or more shall cause an audit to be made of its accounts by a competent certified public accountant.
(2) The governing board of an entity whose revenues or expenditures of all funds is less than $1,000,000 shall cause a financial report to be made in the manner prescribed by the state auditor.
Amended by Chapter 11, 2017 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 2 - Accounting Reports › Section 202 - Reporting requirements.

Effective 6/30/2020
51-2a-202.
Reporting requirements.
(1) The governing board of each entity required to have an audit, review, compilation, or fiscal report shall ensure that the audit, review, compilation, or fiscal report is:
(a) made at least annually; and
(b) filed with the state auditor within six months of the close of the fiscal year of the entity.
(2) If the political subdivision, interlocal organization, or other local entity receives federal funding, the audit, review, or compilation shall be performed in accordance with both federal and state auditing requirements.
Amended by Chapter 479, 2019 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 2 - Accounting Reports › Section 203 - Audit reports -- Preservation.

51-2a-203.
Audit reports -- Preservation.
(1) The governing body of each political subdivision and each interlocal organization or other local entity required to submit an accounting report shall:
(a) file and preserve all accounting reports; and
(b) file copies of all accounting reports with the state auditor.
(2) Copies of the accounting reports are open to inspection during regular office hours by any interested persons, where the accounting reports are filed.
(3) The state auditor shall have access to all accounting report work papers created under this chapter.
Enacted by Chapter 206, 2004 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 3 - State Auditor Duties › Section 301 - State auditor responsibilities.

Effective 5/4/2022
51-2a-301.
State auditor responsibilities.
(1) Except for political subdivisions that do not receive or expend public funds, the state auditor shall adopt guidelines, qualifications criteria, and procurement procedures for use in the procurement of audit services for all entities that are required by Section 51-2a-201 to cause an accounting report to be made.
(2) The state auditor shall follow the notice, hearing, and publication requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) The state auditor shall:
(a) review the accounting report submitted to the state auditor under Section 51-2a-201; and
(b) if necessary, conduct additional inquiries or examinations of financial statements of the entity submitting that information.
(4) The governing board of each entity required by Section 51-2a-201 to submit an accounting report to the state auditor's office shall comply with the guidelines, criteria, and procedures established by the state auditor.
(5) Each fifth year, the state auditor shall:
(a) review the dollar criteria established in Section 51-2a-201 to determine if they need to be increased or decreased; and
(b) if the state auditor determines that they need to be increased or decreased, notify the Legislature of that need.
(6)
(a) The state auditor may require a higher level of accounting report than is required under Section 51-2a-201.
(b) The state auditor shall:
(i) develop criteria under which a higher level of accounting report may be required; and
(ii) provide copies of those criteria to entities required to analyze and report under Section 51-2a-201.
(7) This section does not apply to a nonprofit corporation that submits an accounting report under Section 51-2a-201.5.
(8) The state auditor shall adopt a policy to monitor compliance with Subsection 78A-7-120(7).
Amended by Chapter 89, 2022 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 4 - Penalties for Noncompliance › Section 401 - Prohibiting access to and withholding funds from an entity that does not comply with the accounting report requirements.

Effective 5/8/2018
51-2a-401.
Prohibiting access to and withholding funds from an entity that does not comply with the accounting report requirements.
(1) If a political subdivision, interlocal organization, or other local entity does not comply with the accounting report requirements of Section 51-2a-201, the state auditor may:
(a) withhold allocated state funds to pay the cost of the accounting report, in accordance with Subsection (2); or
(b) prohibit financial access, in accordance with Subsection (3).
(2)
(a) If the state auditor does not prohibit financial access in accordance with Subsection (3), the state auditor may withhold allocated state funds sufficient to pay the cost of the accounting report from any local entity described in Subsection (1).
(b) If no allocated state funds are available for withholding, the local entity shall reimburse the state auditor for any cost incurred in completing the accounting reports required under Section 51-2a-402.
(c) The state auditor shall release the withheld funds if the local entity meets the accounting report requirements either voluntarily or by action under Section 51-2a-402.
(3)
(a) If the state auditor does not withhold funds in accordance with Subsection (2), the state auditor may prohibit any local entity described in Subsection (1) from accessing:
(i) money held by the state; and
(ii) money held in an account of a financial institution by:
(A) contacting the entity's financial institution and requesting that the institution prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a financial institution from providing the entity access to the account.
(b) The state auditor shall remove the prohibition on accessing funds described in Subsection (3)(a) if the local entity meets the accounting report requirements either voluntarily or by action under Section 51-2a-402.
Amended by Chapter 256, 2018 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 4 - Penalties for Noncompliance › Section 402 - Accounting reports of entity not complying with the report requirements.

51-2a-402.
Accounting reports of entity not complying with the report requirements.
(1) The state auditor shall make, or shall cause an accounting report to be made, of any entity that does not comply with the accounting report requirements as provided in Title 51, Chapter 2a, Part 2, Accounting Reports.
(2) The state auditor shall contract with a licensed certified public accountant to complete the accounting report.
Enacted by Chapter 206, 2004 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 2a - Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act › Part 4 - Penalties for Noncompliance › Section 403 - General Fund reimbursed for accounting report of nonappropriated activities -- Amount of reimbursement.

Effective 5/9/2017
51-2a-403.
General Fund reimbursed for accounting report of nonappropriated activities -- Amount of reimbursement.
(1) The General Fund shall be reimbursed by the entity for which an audit, review, or compilation are in whole or in part performed, whenever the state auditor or legislative auditor general is required by law or constitutional provision to perform that audit, review, or compilation or cause that audit, review, or compilation to be made for any office, department, division, board, agency, commission, council, authority, institution, hospital, school, college, university, or other instrumentality of the state or any of its political subdivisions for nonappropriated activities, including associated students' accounts, auxiliary enterprise funds, nonprofit corporations, governmental nonprofit corporations, contracts with the federal government, federal grants-in-aid, and federal assistance programs.
(2)
(a) The reimbursement amount shall be a pro rata share of that auditor's total cost, based upon a time-spent factor.
(b) An audit includes an audit of state-appropriated funds.
(i) If state-appropriated funds are not involved in the accounting report, the reimbursement may not be less than the average hourly cost of the operations of that auditor's office nor more than the average rate attainable from certified public accounting firms performing similar services for this state.
(ii) Reimbursement charges may be negotiated with that auditor's office within these limitations.
Amended by Chapter 441, 2017 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 4 - Deposit of Funds Due State › Section 1 - Deposits by state officers, boards, commissions, institutions, departments, divisions, agencies, and similar instrumentalities.

51-4-1.
Deposits by state officers, boards, commissions, institutions, departments, divisions, agencies, and similar instrumentalities.
(1) As used in this section, "agency" means each officer, board, commission, institution, department, division, agency, and other similar instrumentality of the state of Utah.
(2) Except as provided under Section 53B-7-601, or through the receipt of a written variance from the state treasurer, each agency shall deposit daily, if practicable, but no later than once every three banking days, all collections of state money and other public funds with:
(a) the state treasurer; or
(b) a qualified depository for the credit of the state.
(3) The state treasurer may make policies governing the reporting and remitting of these funds.
Amended by Chapter 388, 2013 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 4 - Deposit of Funds Due State › Section 2 - Deposits by political subdivisions.

Effective 2/27/2023
51-4-2.
Deposits by political subdivisions.
(1) As used in this section:
(a) "Officer" means each:
(i) county treasurer, county auditor, county assessor, county clerk, clerk of the district court, city treasurer, city clerk, justice court judge; and
(ii) other officer of a political subdivision.
(b) "Political subdivision" means a county, city, town, school district, special district, and special service district.
(2)
(a) Each officer shall deposit all public funds daily, if practicable, but no later than once every three banking days.
(b) Each officer shall deposit all public funds only in qualified depositories unless the public funds need to be deposited in a bank outside Utah in order to provide for:
(i) payment of maturing bonds or other evidences of indebtedness; or
(ii) payment of the interest on bonds or other evidences of indebtedness.
(3)
(a)
(i) Each officer shall require all checks to be made payable to the office of the officer receiving funds or to the political subdivision's treasurer.
(ii) An officer may not accept a check unless it is made payable to the office of the officer receiving funds or to the political subdivision's treasurer.
(b) Each officer shall deposit all money the officer collects into an account controlled by the political subdivision's treasurer.
(4)
(a) Except as provided in Subsection (4)(b) and unless a shorter time for depositing funds is otherwise required by law, each political subdivision that has collected funds that are due to the state or to another political subdivision of the state shall, on or before the tenth day of each month, pay all of those funds that were receipted during the last month:
(i) to a qualified depository for the credit of the appropriate public treasurer; or
(ii) to the appropriate public treasurer.
(b) Property tax collections shall be apportioned and paid according to Section 59-2-1365.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 5 - Funds Consolidation Act › Section 2 - Legislative policy -- General requirements.

51-5-2.
Legislative policy -- General requirements.
(1) Each administrative unit of state government shall comply with this chapter, which establishes the state's fiscal procedures for state government funds.
(2) Except when in conflict with constitutional and statutory provisions, each administrative unit of state government shall apply generally accepted accounting principles and fiscal procedures.
(3) The Legislature may establish funds in addition to those required by the Constitution.
(4) Federal grants and other revenues, which must remain restricted according to the terms under which they are received, are governed by the specific provisions in this chapter.
(5) The Division of Finance shall establish procedures applicable to the administration and collection of taxes, licenses, fees, and all other forms of revenue to allow them to be credited directly into the funds for which they are designated.
(6) The Division of Finance and each administrative unit of state government shall account for general government revenues and functions in the governmental funds.
(7) The Legislature shall review all general governmental programs and functions, regardless of the sources of revenue available to the various departments, institutions, or agencies.
Amended by Chapter 14, 1991 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 5 - Funds Consolidation Act › Section 5 - Authority to establish funds or subfunds.

51-5-5.
Authority to establish funds or subfunds.
The Division of Finance shall, when necessary, establish funds or subfunds, including budgetary and proprietary accounting funds or subfunds within the framework of the major fund types established by this chapter.
Amended by Chapter 154, 1986 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 5 - Funds Consolidation Act › Section 7 - Revenues and other resources of governmental funds subject to legislative review and appropriation.

Effective 5/13/2014
51-5-7.
Revenues and other resources of governmental funds subject to legislative review and appropriation.
The revenues and other resources of the governmental funds are subject to legislative review and appropriation for each fiscal period.
Amended by Chapter 430, 2014 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 5 - Funds Consolidation Act › Section 8 - Construction of terms and provisions relating to funds in other statutes.

51-5-8.
Construction of terms and provisions relating to funds in other statutes.
(1) Direct or indirect references to the word "fund," or any other synonymous word contained in the Utah Code Annotated 1953, that is used to identify a separate accounting entity, means a fund account or subfund except where that fund meets the definition of a major fund type according to generally accepted accounting principles.
(2) The following terms and all other terms similar in meaning, except when they meet the definition of a fund in accordance with generally accepted accounting principles, mean a subfund or account within the funds established by this chapter: "special funds"; "separate funds"; "departmental funds"; "association funds"; "trust," such as "in trust" or "held in trust"; "deposits," such as "security deposits" or "certificates of deposit"; "reserves," such as "special reserves," "contingent reserves," and "reserve funds"; "accounts," such as "special accounts" or "clearing accounts"; and "collections," such as "departmental collections" or "dedicated credits."
(3) Provisions of law governing the assessment and collection of the state's various taxes, licenses, permits, fees, and other charges and provisions controlling the expenditures of those revenues remain in force and are undisturbed by the provisions of this chapter.
(4) Provisions of law that specify that the balance in a fund reverts or is closed out to another fund means that the balance in that fund reverts to the unappropriated surplus account of the governmental fund in which that fund is placed.
(5) Provisions of law that specify that the balance in a fund does not lapse or otherwise become part of the state General Fund means that the balance in that fund does not lapse or otherwise become part of the unappropriated surplus account of the fund in which that fund is placed.
Amended by Chapter 175, 2001 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 7 - State Money Management Act › Section 2 - Exemptions from chapter.

Effective 5/3/2023
51-7-2.
Exemptions from chapter.
(1) Except as provided in Subsection (2), the following funds are exempt from this chapter:
(a) funds invested in accordance with the participating employees' designation or direction pursuant to a public employees' deferred compensation plan established and operated in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;
(b) funds of the Utah State Retirement Board;
(c) funds of the Utah Housing Corporation;
(d) endowment funds of higher education institutions, including funds of the Higher Education Student Success Endowment, created in Section 53B-7-802;
(e) permanent and other land grant trust funds established pursuant to the Utah Enabling Act and the Utah Constitution;
(f) the State Post-Retirement Benefits Trust Fund;
(g) the funds of the Utah Educational Savings Plan;
(h) funds of the permanent state trust fund created by and operated under Utah Constitution, Article XXII, Section 4;
(i) the funds in the Navajo Trust Fund;
(j) the funds in the Radioactive Waste Perpetual Care and Maintenance Account;
(k) the funds in the Employers' Reinsurance Fund;
(l) the funds in the Uninsured Employers' Fund;
(m) the Utah State Developmental Center Long-Term Sustainability Fund, created in Section 26B-1-331;
(n) the funds in the Risk Management Fund created in Section 63A-4-201; and
(o) the Utah fund of funds created in Section 63N-6-401.
(2) Except for the funds of the Utah State Retirement Board and the Utah Educational Savings Plan, the funds described in Subsection (1) are not exempt from Subsections 51-7-14(2) and (3).
Amended by Chapter 139, 2023 General Session
Amended by Chapter 242, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 7 - State Money Management Act › Section 4 - Transfer of functions, powers, and duties relating to public funds to state treasurer -- Exceptions -- Deposit of income from investment of state money.

Effective 7/1/2020
51-7-4.
Transfer of functions, powers, and duties relating to public funds to state treasurer -- Exceptions -- Deposit of income from investment of state money.
(1) Unless otherwise required by the Utah Constitution or applicable federal law, the functions, powers, and duties vested by law in each state officer, board, commission, institution, department, division, agency, or other similar instrumentality relating to the deposit, investment, or reinvestment of public funds, and the purchase, sale, or exchange of investments or securities of, or for, funds or accounts under the control and management of each of these instrumentalities, are transferred to and shall be exercised by the state treasurer, except:
(a) funds assigned to the Utah State Retirement Board for investment under Section 49-11-302;
(b) funds of member institutions of the state system of higher education:
(i) acquired by gift, devise, or bequest, or by federal or private contract or grant;
(ii) derived from student fees or from income from operations of auxiliary enterprises, which fees and income are pledged or otherwise dedicated to the payment of interest and principal of bonds issued by an institution of higher education;
(iii) subject to rules made by the council, under Section 51-7-18, deposited in a foreign depository institution as defined in Section 7-1-103; and
(iv) other funds that are not included in the institution's work program as approved by the Utah Board of Higher Education;
(c) inmate funds as provided in Section 64-13-23 or in Title 64, Chapter 9b, Work Programs for Prisoners;
(d) trust funds established by judicial order;
(e) funds of the Utah Housing Corporation;
(f) endowment funds of higher education institutions; and
(g) the funds of the Utah Educational Savings Plan.
(2) All public funds held or administered by the state or its boards, commissions, institutions, departments, divisions, agencies, or similar instrumentalities and not transferred to the state treasurer as provided by this section shall be:
(a) deposited and invested by the custodian in accordance with this chapter, unless otherwise required by statute or by applicable federal law; and
(b) reported to the state treasurer in a form prescribed by the state treasurer.
(3) Unless otherwise provided by the constitution or laws of this state or by contractual obligation, the income derived from the investment of state money by the state treasurer shall be deposited into and become part of the General Fund.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 7 - State Money Management Act › Section 5 - Transfer of public funds not otherwise required to be transferred to state treasurer -- Duties of public treasurers -- Withdrawals of transferred funds.

51-7-5.
Transfer of public funds not otherwise required to be transferred to state treasurer -- Duties of public treasurers -- Withdrawals of transferred funds.
Any public funds as to which the deposit, investment, or reinvestment is not transferred to the state treasurer by Section 51-7-4, may be transferred to the state treasurer by the public treasurer having responsibility for the control or management of these public funds. Notwithstanding the transfer, the public treasurer shall retain sufficient funds to cover the cash requirements of the body owning or having control or management of these funds and shall continue to be responsible for the proper collection, deposit, and disbursement of these funds in the manner provided by law. The public funds transferred or placed under the control or supervision of the state treasurer under this section are subject to all applicable provisions of this chapter and are under the jurisdiction of the state treasurer until the public treasurer withdraws these public funds from the state treasurer. Withdrawals may be made from time to time on such reasonable notice as the state treasurer may prescribe. The public treasurer may withdraw all or any part of the public funds originally transferred to the state treasurer, subject to any rules as to the maximum amounts which may be withdrawn at any one time as the state treasurer may reasonably prescribe.
Amended by Chapter 44, 1984 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 7 - State Money Management Act › Section 6 - Calculation of shares of participating funds -- Allocations of income to participating funds.

51-7-6.
Calculation of shares of participating funds -- Allocations of income to participating funds.
(1) The share of public funds of each participating public treasurer who has transferred public funds to the state treasurer for investment under Section 51-7-5, including trust funds invested by the state treasurer under this chapter, shall be calculated not less than quarterly.
(2) Income from investment of these public funds by the state treasurer, including gains or losses from the sale or exchange of investments or other properties, and net of investment fees and other charges assessed according to the schedule established by the state treasurer, shall be allocated to each participating fund on the ratio of each fund's share to the total public funds in the custody of the state treasurer determined on the basis of the average daily balance of each fund.
Amended by Chapter 66, 1989 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 7 - State Money Management Act › Section 7 - Securities and evidence of deposits and investments -- Custody -- Deposit for safekeeping.

51-7-7.
Securities and evidence of deposits and investments -- Custody -- Deposit for safekeeping.
(1)
(a)
(i) The public treasurer shall have custody of all securities purchased or held and all evidence of deposits and investments of public funds.
(ii) All securities shall be delivered versus payment to the public treasurer or to the treasurer's safekeeping bank.
(b) The public treasurer may deposit any of these securities with a bank or trust company to be held in safekeeping by that custodian.
(c) The provisions of this section do not apply to securities acquired under a nonqualifying repurchase agreement as defined in Section 51-7-3.
(d) The provisions of this section apply to any book-entry-only deposit or security the ownership records of which are maintained with a securities depository, in the Federal Book Entry system authorized by the U.S. Department of Treasury, or in the book-entry records of the issuer, as follows:
(i) the direct ownership of the deposit or security by the public treasurer shall be reflected in the book-entry records and represented by a receipt, confirmation, or statement issued to the public treasurer by the custodian of the book-entry system; or
(ii) the ownership of the deposit or security by the public treasurer's custodial bank or trust company shall be reflected in the book-entry records and the public treasurer's ownership shall be represented by a receipt, confirmation, or statement issued by the custodial bank or trust company.
(2) The public treasurer may maintain accounts with money center banks only for the purposes of settling investment transactions, safekeeping, and collecting those investments.
Amended by Chapter 388, 2013 General Session
2023 Utah Code › Title 51 - Public Funds and Accounts › Chapter 7 - State Money Management Act › Section 8 - Separate accounts for funds -- Credit of allocated shares of income and gains or losses.

51-7-8.
Separate accounts for funds -- Credit of allocated shares of income and gains or losses.
The state treasurer shall keep for each fund for which investments are made, a separate account, to be designated by name and number, which shall record the individual amounts and the totals of all investments belonging to the fund, and shall credit to each fund not less often than quarterly its allocated share of the income from the investments of pooled funds, and gains or losses from the sale or exchange of pooled investment assets.
Amended by Chapter 44, 1984 General Session