reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 4 - Internal Service Funds › Section 411 - Internal service funds -- End of fiscal year -- Unused authority for capital acquisition.

Effective 7/1/2021
63J-1-411.
Internal service funds -- End of fiscal year -- Unused authority for capital acquisition.
(1) An internal service fund agency's authority to acquire capital assets under Subsection 63J-1-410(8)(a) shall lapse if the acquisition of the capital asset does not occur in the fiscal year in which the authorization is included in the appropriations act, unless the Legislature identifies the authority to acquire the capital asset as nonlapsing authority:
(a) for a specific one-time project and a limited period of time in the Legislature's initial appropriation to the agency; or
(b) in a supplemental appropriation in accordance with Subsection (2).
(2)
(a) An internal service fund agency's authority to acquire capital assets may be retained as nonlapsing authorization if the internal service fund agency includes a one-time project's list as part of the budget request that it submits to the governor and the Legislature at the annual general session of the Legislature immediately before the end of the fiscal year in which the agency may have unused capital acquisition authority.
(b) The governor:
(i) may approve some or all of the items from an agency's one-time project's list; and
(ii) shall identify and prioritize any approved one-time projects in the budget that the governor submits to the Legislature.
(c) The Legislature:
(i) may approve some or all of the specific items from an agency's one-time project's list as an approved capital acquisition for an agency's appropriation balance;
(ii) shall identify any authorized one-time projects in the appropriate line item appropriation; and
(iii) may prioritize one-time projects in intent language.
(3) An internal service fund agency shall submit a status report of outstanding nonlapsing authority to acquire capital assets and associated one-time projects to the Governor's Office of Planning and Budget and the Legislative Fiscal Analyst's Office with the proposed budget submitted by the governor as provided under Section 63J-1-201.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 5 - Fees › Section 505 - Payment of fees prerequisite to service -- Exception.

Effective 3/28/2017
63J-1-505.
Payment of fees prerequisite to service -- Exception.
(1)
(a) State and county officers required by law to charge fees may not perform any official service unless the fees prescribed for that service are paid in advance.
(b) When the fee is paid, the officer shall perform the services required.
(c) An officer is liable upon the officer's official bond for every failure or refusal to perform an official duty when the fees are tendered.
(2)
(a) Except as provided in Subsection (2)(b), no fees may be charged:
(i) to the officer's state, or any county or subdivision of the state;
(ii) to any public officer acting for the state, county, or subdivision;
(iii) in cases of habeas corpus;
(iv) in criminal causes before final judgment;
(v) for administering and certifying the oath of office;
(vi) for swearing pensioners and their witnesses; or
(vii) for filing and recording bonds of public officers.
(b) Fees may be charged for payment:
(i) of recording fees for assessment area recordings in compliance with Sections 11-42-205 and 11-42a-302;
(ii) of recording fees for judgments recorded in compliance with Sections 57-3-106 and 78A-7-105; and
(iii) to the state engineer under Section 73-2-14.
Amended by Chapter 470, 2017 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 5 - Fees › Section 506 - Parking fees at court buildings.

63J-1-506.
Parking fees at court buildings.
(1) State-owned or leased court facilities may not charge or collect fees for parking without prior approval by the Legislature.
(2) The Legislature may approve, increase, decrease and approve, or reject any parking fee submitted to it by the courts.
Renumbered and Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 6 - Unused Balances › Section 602 - Nonlapsing appropriations.

Effective 5/3/2023
63J-1-602.
Nonlapsing appropriations.
(1) The appropriations from a fund or account and appropriations to a program that are listed in Section 63J-1-602.1 or 63J-1-602.2 are nonlapsing.
(2) No appropriation from a fund or account or appropriation to a program may be treated as nonlapsing unless:
(a) it is listed in Section 63J-1-602.1 or 63J-1-602.2;
(b) it is designated in a condition of appropriation in the appropriations bill; or
(c) nonlapsing authority is granted under Section 63J-1-603.
(3) Each legislative appropriations subcommittee shall review the accounts and funds that have been granted nonlapsing authority under the provisions of this section or Section 63J-1-603.
(4) On or before October 1 of each calendar year, an agency shall submit to the legislative appropriations subcommittee with jurisdiction over the agency's budget a report that describes the agency's plan to expend any nonlapsing appropriations, including:
(a) if applicable, the results of the prior year's planned use of the agency's nonlapsing appropriations; and
(b) if the agency plans to save all or a portion of the agency's nonlapsing appropriations over multiple years to pay for an anticipated expense:
(i) the estimated cost of the expense; and
(ii) the number of years until the agency will accumulate the amount required to pay for the expense.
Amended by Chapter 409, 2023 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 6 - Unused Balances › Section 603 - Nonlapsing authority.

63J-1-603.
Nonlapsing authority.
(1) As used in this section:
(a)
(i) "Agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(ii) "Agency" does not include those entities whose unappropriated and unencumbered balances are made nonlapsing by the operation of Subsection 63J-1-601(2).
(b) "Appropriation balance" means the unexpended and unencumbered balance of a line item appropriation made by the Legislature to an agency that exists at the end of a fiscal year.
(c) "Nonlapsing" means that an agency's appropriation balance is not closed out to the appropriate fund at the end of a fiscal year as required by Section 63J-1-601.
(d) "One-time project" means a project or program that can be completed with the appropriation balance and includes such items as employee incentive awards and bonuses, purchase of equipment, and one-time training.
(e) "One-time projects list" means:
(i) a prioritized list of one-time projects, upon which an agency would like to spend any appropriation balance; and
(ii) for each project, the maximum amount the agency is estimating for the project.
(f) "Program" means a service provided by an agency to members of the public, other agencies, or to employees of the agency.
(2) Notwithstanding the requirements of Section 63J-1-601, an agency may, by following the procedures and requirements of this section, retain and expend any appropriation balance.
(3)
(a) Each agency that wishes to preserve any part or all of its appropriation balance as nonlapsing shall include a one-time projects list as part of the budget request that it submits to the governor and the Legislature at the annual general session of the Legislature immediately before the end of the fiscal year in which the agency may have an appropriation balance.
(b) An agency may not include a proposed expenditure on its one-time projects list if:
(i) the expenditure creates a new program;
(ii) the expenditure enhances the level of an existing program; or
(iii) the expenditure will require a legislative appropriation in the next fiscal year.
(c) The governor:
(i) may approve some or all of the items from an agency's one-time projects list; and
(ii) shall identify and prioritize any approved one-time projects in the budget that the governor submits to the Legislature.
(4) The Legislature:
(a) may approve some or all of the specific items from an agency's one-time projects list as authorized expenditures of an agency's appropriation balance;
(b) shall identify any authorized one-time projects in the appropriate line item appropriation; and
(c) may prioritize one-time projects in intent language.
Renumbered and Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 9 - Government Performance Reporting and Efficiency Process › Section 901 - Title.

Effective 5/5/2021
63J-1-901.
Title.
This part is known as "Government Performance Reporting and Efficiency Process."
Enacted by Chapter 421, 2021 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 9 - Government Performance Reporting and Efficiency Process › Section 902 - Definitions.

Effective 3/9/2023
63J-1-902.
Definitions.
As used in this part:
(1) "Appropriated entity" means any entity that receives state funds.
(2)
(a) "Funding item" means an increase to an agency's state funding that:
(i) is $50,000 or more; and
(ii) results from action during a legislative session.
(b) "Funding item" does not include:
(i) a technical budget adjustment;
(ii) restoration of a recent reduction;
(iii) a standardized adjustment, including an internal service fund increase or compensation increase; or
(iv) any increase that the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst agree is similar to an increase described in Subsections (2)(b)(i) through (iii).
(3) "Performance measure" means a program objective, effectiveness measure, program size indicator, or other related measure.
(4) "Product or service" means an appropriated entity's final output or outcome.
(5) "Government process" means a set of functions and procedures by which an appropriated entity creates a product or service.
Amended by Chapter 24, 2023 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 9 - Government Performance Reporting and Efficiency Process › Section 904 - Efficiency improvement process.

Effective 3/9/2023
63J-1-904.
Efficiency improvement process.
(1) The Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall jointly operate a process that identifies and prioritizes government processes to target for efficiency improvements.
(2) The Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall ensure that the efficiency improvement process described in Subsection (1) addresses the following:
(a) the roles of the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst throughout the efficiency improvement process;
(b) the process by which an appropriated entity's government process is selected for an efficiency evaluation;
(c) the criteria and methodology used for an efficiency evaluation;
(d) whether to provide any rewards or incentives for an appropriated entity to implement recommendations from an efficiency evaluation;
(e) whether to create a formal or informal committee that advises the efficiency improvement process; and
(f) the process by which the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst notify the Office of the Legislative Auditor General when an efficiency evaluation is completed.
(3) The Office of the Legislative Auditor General shall:
(a) independently review the results of each efficiency evaluation conducted under this section, including whether the executive department agency implemented any recommendations from the efficiency evaluation;
(b) provide a copy of the findings from the review to the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst; and
(c) report the findings from the review to the Legislative Management Committee.
(4)
(a) Following an independent review under Subsection (3), the Office of the Legislative Auditor General may conduct initial survey work at the discretion of the legislative auditor general.
(b) If, based on the initial survey work described in Subsection (4)(a), the legislative auditor general determines further review is necessary, the legislative auditor general shall recommend to the Audit Subcommittee created in Section 36-12-8 that the Office of the Legislative Auditor General conduct an in-depth audit of the appropriated entity.
(5) Each calendar year before December 31, the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall report to the governor and the Legislative Management Committee, respectively, regarding the status of the efficiency improvement process and recommended changes, if any.
(6) The efficiency improvement process described in this section does not apply to a legislative department government process.
Amended by Chapter 24, 2023 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 2 - Revenue Procedures and Control Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
63J-2-102.
Definitions.
As used in this chapter:
(1)
(a) "Agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" does not include the legislative branch, the Utah Board of Higher Education, the Utah Higher Education Assistance Authority, the board of trustees of each higher education institution, each higher education institution and its associated branches, centers, divisions, institutes, foundations, hospitals, colleges, schools, or departments, a public education entity, or an independent agency.
(2) "Dedicated credits" means the same as that term is defined in Section 63J-1-102.
(3) "Fees" means revenue collected by an agency for performing a service or providing a function that the agency deposits or accounts for as dedicated credits.
(4)
(a) "Governmental fund" means funds used to account for the acquisition, use, and balances of expendable financial resources and related liabilities using a measurement focus that emphasizes the flow of financial resources.
(b) "Governmental fund" does not include internal service funds, enterprise funds, capital projects funds, debt service funds, or fiduciary funds as established in Section 51-5-4.
(5) "Independent agency" means the Utah State Retirement Office and the Utah Housing Corporation.
(6) "Program" means the same as that term is defined in Section 63J-1-102.
(7) "Revenue types" means the categories established by the Division of Finance under the authority of this chapter that classify revenue according to the purpose for which it is collected.
Amended by Chapter 451, 2022 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 2 - Revenue Procedures and Control Act › Part 2 - Procedures › Section 201 - Accounting for fee revenues.

Effective 7/1/2018
63J-2-201.
Accounting for fee revenues.
(1) The Division of Finance shall:
(a) establish revenue types;
(b) develop a computerized master file of revenue types containing, for each revenue type:
(i) the definition of each revenue type;
(ii) if available, a historical record of the amount collected for the revenue type for each of the five years;
(iii) the agency that collected the revenue;
(iv) the program, organization, and fund into which the revenue was originally recorded each year;
(v) a general description of the function where the largest portion of the revenue was spent each year;
(vi) the specific legal authority that authorizes the agency to collect the revenue;
(vii) the rates charged to the individuals or entities that pay the revenue;
(viii) the general methodology used to determine the rate charged to individuals or entities that pay the revenue;
(ix) for dedicated credits, the revenue estimate used by the agency to prepare their budget;
(x) the amount appropriated as dedicated credits in the annual appropriation act; and
(xi) for revenues other than dedicated credits, an estimate of the amount of revenue, if available or reasonably calculable; and
(c) make the computerized file available to the Budget Office and the Office of Legislative Fiscal Analyst upon request.
(2) Each agency shall provide the Division of Finance with the information required by this section.
Amended by Chapter 469, 2018 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 2 - Revenue Procedures and Control Act › Part 2 - Procedures › Section 202 - Disposition of revenues.

Effective 7/1/2018
63J-2-202.
Disposition of revenues.
(1) If the Legislature or the Division of Finance establishes a new revenue type by law, the agency shall include that new revenue type in its budget request for the next fiscal year.
(2)
(a) Except as provided in Subsection (2)(b), if any agency fails to include the estimates of a revenue type in its annual budget request, the Division of Finance shall deposit the money collected in that revenue type into the General Fund or other appropriate fund as free or restricted revenue.
(b) The Division of Finance may not deposit the money collected from a revenue type not included in an agency's annual budget request into the General Fund or other appropriate fund if the agency did not include the estimates of the revenue type in its annual budget request because the Legislature had not yet established or authorized the new revenue type by law.
Amended by Chapter 469, 2018 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 1 - General Provisions › Section 102 - Purpose of chapter -- Limitations on state mandated property tax, state appropriations, and state debt.

Effective 7/1/2021
63J-3-102.
Purpose of chapter -- Limitations on state mandated property tax, state appropriations, and state debt.
(1)
(a) It is the purpose of this chapter to:
(i) place a limitation on the state mandated property tax rate under Title 53F, Chapter 2, State Funding -- Minimum School Program;
(ii) place limitations on state government appropriations based upon the combined changes in population and inflation; and
(iii) place a limitation on the state's outstanding general obligation debt.
(b) The limitations imposed by this chapter are in addition to limitations on tax levies, rates, and revenues otherwise provided for by law.
(2)
(a) This chapter may not be construed as requiring the state to collect the full amount of tax revenues permitted to be appropriated by this chapter.
(b) This chapter's purpose is to provide a ceiling, not a floor, limitation on the appropriations of state government.
(3) The recommendations and budget analysis prepared by the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal Analyst, as required by Title 36, Chapter 12, Legislative Organization, shall be in strict compliance with the limitations imposed under this chapter.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 2 - Appropriations Limit › Section 201 - Appropriations limit -- Formula.

63J-3-201.
Appropriations limit -- Formula.
(1) There is established a state appropriations limit for each fiscal year beginning after June 30, 1988.
(2) For each of these fiscal years, the annual legislative appropriations for this state, its agencies, departments, and institutions may not exceed that sum determined by applying the formula B* P* (I/100) in which:
(a) "B" equals the base year real per capita appropriations for the state, its agencies, departments, and institutions;
(b) "P" equals the most recent fiscal year's population; and
(c) "I" equals the most recent fiscal year's inflation index adjusted to reflect fiscal year 1989 as having an index value of 100.
(3) The revenues specified in Section 63J-3-205 are not subject to the limitation in this section.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 2 - Appropriations Limit › Section 202 - Computing formula elements.

Effective 7/1/2021
63J-3-202.
Computing formula elements.
(1) For purposes of calculating fiscal year inflation indexes for the previous fiscal year, the Governor's Office of Planning and Budget shall use:
(a) the actual quarterly data released by the U.S. Department of Commerce as of January 31 of each year; and
(b) the most recent U.S. Bureau of Census population estimates as of January 31 of each year.
(2)
(a) For purposes of computing the inflation index, the Governor's Office of Planning and Budget shall:
(i) assign the bureau's 1982 calendar year inflation index value of 100 to fiscal year 1989 for purposes of computing fiscal year index values;
(ii) compute all subsequent fiscal year inflation indexes after having assigned the fiscal year 1989 inflation index a value of 100; and
(iii) use the quarterly index values published by the Bureau of Economic Analysis, U.S. Department of Commerce, to compute fiscal year index values.
(b) If the bureau changes its calendar base year, appropriate adjustments are to be made in this chapter to accommodate those changes.
(3)
(a) For purposes of computing the most recent fiscal year's population, the Governor's Office of Planning and Budget shall convert the April 1 decennial census estimate to a July 1 estimate, unless otherwise estimated by the Bureau of Census.
(b) If the bureau changes the state's July 1, 1983 base year population after it conducts the 1990 Census, appropriate adjustments shall be made in this chapter to accommodate those changes.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 2 - Appropriations Limit › Section 203 - Program and service adjustments to the limitation -- Funding level.

63J-3-203.
Program and service adjustments to the limitation -- Funding level.
(1) If the state transfers partial or total responsibility of a program or service to another unit of government, the appropriations limitations shall be decreased by the amount of the transfer.
(2) If the state accepts partial or total responsibility for a program or service from another unit of government, the appropriations limit shall be increased by the amount of the transfer.
(3) If funding exempted under this chapter for a program or service administered by the state is reduced or eliminated and the Legislature elects to fund the program or service with tax revenue, the appropriations limitations shall be increased by the amount the Legislature elects to fund.
(4) If the state transfers the funding source of a program or service from taxes to user charges or other exempted revenue sources specified in this chapter, the maximum allowable appropriations limitations shall be decreased by the amount of the transfer.
(5) If the Legislature transfers the funding source of a program or service from user charges or other exempted revenue sources as specified in this chapter to tax revenues, appropriations limitations shall be increased by the amount of the transfer.
(6) If the state transfers revenues from sources exempt under this chapter to funds containing revenues from nonexempt sources, the revenues transferred shall be part of and subject to the appropriations limits of this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 2 - Appropriations Limit › Section 204 - Exceptions to limitation -- Fiscal emergency -- Requirements -- Limits modified or exceeded by vote of the people.

63J-3-204.
Exceptions to limitation -- Fiscal emergency -- Requirements -- Limits modified or exceeded by vote of the people.
(1)
(a) The limits as provided in this chapter may be exceeded if a fiscal emergency is declared.
(b) A fiscal emergency for the state shall be declared by the governor and confirmed by more than two-thirds of both houses of the Legislature.
(2)
(a) Funding for fiscal emergencies may not be included in the appropriations base for computing the maximum allowable appropriations in subsequent years.
(b) Fiscal emergency appropriations shall remain separate from appropriations subject to limits imposed by this chapter and shall be assigned expiration dates.
(3) Any limit in this chapter may be exceeded or modified by a majority vote of the people in a statewide election.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 2 - Appropriations Limit › Section 205 - Money excluded from the limitation.

63J-3-205.
Money excluded from the limitation.
Money from the following sources is excluded from the revenues appropriated and used in determining a limitation:
(1) money received from the government of the United States including federal mineral lease payments;
(2) money received by the state from another unit of government, except the proceeds of taxes, fees, or penalties imposed by the state and collected by the other unit of government;
(3) money derived from the issuance of, or to pay interest, principal, or redemption premiums on, any security;
(4) money received from the sale of fixed assets or gains on fixed asset transfers;
(5) the proceeds of contracts, grants, gifts, donations, and bequests made to the state for a purpose specified by the contractor or donor;
(6) user charges derived by the state from the sale of a product or service pledged or legally available to repay any security or for which the quantity of the product or level of service provided to a user is at the discretion of the user; and
(7) money raised to meet fiscal emergencies.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 2 - Appropriations Limit › Section 206 - Appropriations limit formula -- Mathematical equation.

Effective 3/23/2015
63J-3-206.
Appropriations limit formula -- Mathematical equation.
The legislative fiscal analyst shall create, in accordance with Section 63I-6-103, a mathematical equation for the state appropriations limit formula described in this part.
Enacted by Chapter 49, 2015 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 3 - State Auditor's Responsibilities › Section 301 - State auditor's responsibilities with respect to the limitation -- Correction of deficiencies.

63J-3-301.
State auditor's responsibilities with respect to the limitation -- Correction of deficiencies.
The state auditor shall notify the state through the appropriate officer or officers of necessary corrective action if upon audit or examination of the results of an independent audit or a budget document of the state, the state auditor determines that:
(1) funds have been improperly accounted or budgeted for in order to avoid the limitations imposed by this chapter;
(2) funds have been improperly exempted from the limitations as provided in this chapter;
(3) general government functions have been improperly financed by user or service charges; or
(4) the limitations imposed by this chapter have been exceeded.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 4 - Property Tax Limitation › Section 401 - State mandated property tax limitation -- Vote requirement needed to exceed limitation.

Effective 3/22/2018
63J-3-401.
State mandated property tax limitation -- Vote requirement needed to exceed limitation.
The state mandated property tax rate in Title 53F, Chapter 2, State Funding -- Minimum School Program, as of July 1, 1989, may not be increased without more than a two-thirds vote of both houses of the Legislature.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 3 - State Appropriations and Tax Limitation Act › Part 4 - Property Tax Limitation › Section 402 - Debt limitation -- Vote requirement needed to exceed limitation -- Exceptions.

Effective 5/5/2021
63J-3-402.
Debt limitation -- Vote requirement needed to exceed limitation -- Exceptions.
(1)
(a) Except as provided in Subsection (1)(b), the outstanding general obligation debt of the state may not exceed 45% of the maximum allowable appropriations limit unless approved by more than a two-thirds vote of both houses of the Legislature.
(b) Notwithstanding the limitation contained in Subsection (1)(a), debt issued under the authority of the following parts or sections is not subject to the debt limitation established by this section:
(i)Title 63B, Chapter 6, Part 2, 1997 Highway General Obligation Bond Authorization;
(ii)Title 63B, Chapter 6, Part 3, 1997 Highway Bond Anticipation Note Authorization;
(iii)Title 63B, Chapter 7, Part 2, 1998 Highway General Obligation Bond Authorization;
(iv)Title 63B, Chapter 7, Part 3, 1998 Highway Bond Anticipation Note Authorization;
(v)Title 63B, Chapter 8, Part 2, 1999 Highway General Obligation Bond Authorization;
(vi)Title 63B, Chapter 8, Part 3, 1999 Highway Bond Anticipation Note Authorization;
(vii)Title 63B, Chapter 10, Part 1, 2001 Highway General Obligation Bonds;
(viii)Title 63B, Chapter 10, Part 2, 2001 Highway General Obligation Bond Anticipation Notes Authorization;
(ix)Title 63B, Chapter 11, Part 5, 2002 Highway General Obligation Bonds for Salt Lake County;
(x)Title 63B, Chapter 11, Part 6, 2002 Highway General Obligation Bond Anticipation Notes for Salt Lake County;
(xi) Section 63B-13-102;
(xii) Section 63B-16-101;
(xiii) Section 63B-16-102;
(xiv) Section 63B-18-401;
(xv) Section 63B-18-402; and
(xvi)Title 63B, Chapter 27, Part 1, 2017 Highway General Obligation Bonds.
(2) This section does not apply if contractual rights will be impaired.
Amended by Chapter 64, 2021 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 4 - Governor's Office of Planning and Budget › Part 1 - General Provisions › Section 102 - Definitions.

Effective 2/27/2023
63J-4-102.
Definitions.
As used in this chapter:
(1) "Executive director" means the chief administrative officer of the office, appointed under Section 63J-4-202.
(2) "Office" means the Governor's Office of Planning and Budget created in Section 63J-4-201.
(3) "Planning coordinator" means the individual appointed as the planning coordinator under Section 63J-4-401.
(4) "Political subdivision" means:
(a) a county, municipality, special district, special service district, school district, or interlocal entity, as defined in Section 11-13-103; or
(b) an administrative subunit of an entity listed in Subsection (4)(a).
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 4 - Governor's Office of Planning and Budget › Part 2 - Creation - Appointments › Section 201 - Creation of Governor's Office of Planning and Budget.

Effective 7/1/2021
63J-4-201.
Creation of Governor's Office of Planning and Budget.
There is created within the governor's office the Governor's Office of Planning and Budget to be administered by an executive director.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 4 - Governor's Office of Planning and Budget › Part 2 - Creation - Appointments › Section 202 - Appointment of executive director, state planning coordinator, and state homelessness coordinator.

Effective 7/1/2021
63J-4-202.
Appointment of executive director, state planning coordinator, and state homelessness coordinator.
(1)
(a) The governor shall appoint, to serve at the governor's pleasure:
(i) an executive director of the office; and
(ii) a state homelessness coordinator.
(b) The state homelessness coordinator shall serve as:
(i) an advisor to the governor on homelessness issues; and
(ii) the chief administrative officer of the Office of Homeless Services created in Section 35A-1-202.
(2) The governor shall establish the executive director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 281, 2021 General Session
Amended by Chapter 382, 2021 General Session
Amended by Chapter 382, 2021 General Session, (Coordination Clause)
2023 Utah Code › Title 63J - Budgeting › Chapter 4 - Governor's Office of Planning and Budget › Part 3 - Budget Duties › Section 301 - Duties of the executive director and office.

Effective 7/1/2021
63J-4-301.
Duties of the executive director and office.
(1) The executive director and the office shall:
(a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary Procedures Act;
(b) under the direct supervision of the governor, assist the governor in the preparation of the governor's budget recommendations;
(c) review agency budget execution plans as specified in Section 63J-1-209;
(d) establish benchmarking practices for measuring operational costs, quality of service, and effectiveness across all state agencies and programs;
(e) assist agencies with the development of an operational plan that uses continuous improvement tools and operational metrics to increase statewide capacity and improve interagency integration;
(f) review and assess agency budget requests and expenditures using a clear set of goals and measures;
(g) develop and maintain enterprise portfolio and electronic information systems to select and oversee the execution of projects, ensure a return on investment, and trace and report performance metrics; and
(h) perform other duties and responsibilities as assigned by the governor.
(2)
(a) The executive director or the executive director's designee is the Federal Assistance Management Officer.
(b) In acting as the Federal Assistance Management Officer, the executive director or designee shall:
(i) study the administration and effect of federal assistance programs in the state and advise the governor and the Legislature, through the Office of the Legislative Fiscal Analyst and the Executive Appropriations Committee, of alternative recommended methods and procedures for the administration of these programs;
(ii) assist in the coordination of federal assistance programs that involve or are administered by more than one state agency; and
(iii) analyze and advise on applications for new federal assistance programs submitted to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
Amended by Chapter 282, 2021 General Session
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 4 - Governor's Office of Planning and Budget › Part 8 - COVID-19 Local Assistance Matching Grant Program › Section 801 - Definitions.

Effective 2/27/2023
63J-4-801.
Definitions.
As used in this part:
(1) "American Rescue Plan Act" means the American Rescue Plan Act, Pub. L. 117-2.
(2) "COVID-19" means:
(a) severe acute respiratory syndrome coronavirus 2; or
(b) the disease caused by severe acute respiratory syndrome coronavirus 2.
(3) "COVID-19 emergency" means the spread of COVID-19 that the World Health Organization declared a pandemic on March 11, 2020.
(4) "Grant program" means the COVID-19 Local Assistance Matching Grant Program established in Section 63J-4-802.
(5) "Local government" means a county, city, town, metro township, special district, or special service district.
(6) "Review committee" means the COVID-19 Local Assistance Matching Grant Program Review Committee established in Section 63J-4-803.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 4 - Governor's Office of Planning and Budget › Part 8 - COVID-19 Local Assistance Matching Grant Program › Section 802 - Creation of COVID-19 Local Assistance Matching Grant Program -- Eligibility -- Duties of the office.

Effective 5/3/2023
63J-4-802.
Creation of COVID-19 Local Assistance Matching Grant Program -- Eligibility -- Duties of the office.
(1) There is established a grant program known as COVID-19 Local Assistance Matching Grant Program that is administered by the office.
(2) The office shall award financial grants to local governments that meet the qualifications described in Subsection (3) to provide support for:
(a) projects or services that address the economic impacts of the COVID-19 emergency on housing insecurity, lack of affordable housing, or homelessness;
(b) costs incurred in addressing public health challenges resulting from the COVID-19 emergency;
(c) necessary investments in water and sewer infrastructure; or
(d) any other purpose authorized under the American Rescue Plan Act.
(3) To be eligible for a grant under this part, a local government shall:
(a) provide matching funds in an amount determined by the office; and
(b) certify that the local government will spend grant funds:
(i) on a purpose described in Subsection (2);
(ii) within the time period determined by the office; and
(iii) in accordance with the American Rescue Plan Act.
(4) As soon as is practicable, but on or before September 15, 2021, the office shall, with recommendations from the review committee, establish:
(a) procedures for applying for and awarding grants under this part, using an online grants management system that:
(i) manages each grant throughout the duration of the grant;
(ii) allows for:
(A) online submission of grant applications; and
(B) auditing and reporting for a local government that receives grant funds; and
(iii) generates reports containing information about each grant;
(b) criteria for awarding grants; and
(c) reporting requirements for grant recipients.
(5) Subject to appropriation, the office shall award grant funds on a competitive basis until December 31, 2024.
(6) Before November 30 of each year, ending November 30, 2025, the office shall submit a report to the Executive Appropriations Committee that includes:
(a) a summary of the procedures, criteria, and requirements established under Subsection (4);
(b) a summary of the recommendations of the review committee under Section 63J-4-803;
(c) the number of applications submitted under the grant program during the previous year;
(d) the number of grants awarded under the grant program during the previous year;
(e) the aggregate amount of grant funds awarded under the grant program during the previous year; and
(f) any other information the office considers relevant to evaluating the success of the grant program.
(7) The office may use funds appropriated by the Legislature for the grant program to pay for administrative costs.
Amended by Chapter 88, 2023 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 4 - Governor's Office of Planning and Budget › Part 8 - COVID-19 Local Assistance Matching Grant Program › Section 803 - COVID-19 Local Assistance Matching Grant Program Review Committee.

Effective 5/28/2021
63J-4-803.
COVID-19 Local Assistance Matching Grant Program Review Committee.
(1) There is created the COVID-19 Local Assistance Matching Grant Program Review Committee composed of the following five members:
(a) one member of the Senate, appointed by the president of the Senate;
(b) one member of the House of Representatives, appointed by the speaker of the House of Representatives;
(c) one individual representing the office, appointed by the executive director;
(d) one individual representing the Utah Association of Counties, appointed by the Utah Association of Counties; and
(e) one individual representing the Utah League of Cities and Towns, appointed by the Utah League of Cities and Towns.
(2) The review committee shall make recommendations to the office for:
(a) the allocation of grant funds under this part; and
(b) the procedures, criteria, and requirements established under Subsection 63J-4-802(4).
(3)
(a) A member serves an indeterminate term and may be removed from the review committee by the appointing authority at any time.
(b) A vacancy may be filled in the same manner as an appointment under Subsection (1).
(4)
(a) The salary and expenses of review committee members who are legislators shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(b) A review committee member who is not a legislator may not receive compensation or benefits for the member's service on the review committee, but may receive per diem and reimbursement for travel expenses incurred as a review committee member at the rates established by the Division of Finance under:
(i) Sections 63A-3-106 and 63A-3-107; and
(ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(5) The office shall provide any necessary staff support to the review committee.
Enacted by Chapter 4, 2021 Special Session 1
2023 Utah Code › Title 63J - Budgeting › Chapter 5 - Federal Funds Procedures Act › Part 1 - General Provisions › Section 103 - Scope and applicability of chapter.

Effective 5/9/2017
63J-5-103.
Scope and applicability of chapter.
(1) Except as provided in Subsection (2), and except as otherwise provided by a statute superseding provisions of this chapter by explicit reference to this chapter, the provisions of this chapter apply to each agency and govern each federal funds request.
(2)
(a) This chapter does not govern federal funds requests for:
(i) except as provided in Section 63J-5-206, the Medical Assistance Program, commonly known as Medicaid; and
(ii) except as provided in Section 63J-5-206, the Children's Health Insurance Program.
(b) Until Subsections (2)(c) and (d) apply, this chapter does not govern federal funds requests for:
(i) the Women, Infant, and Children program;
(ii) the Temporary Assistance for Needy Families program, except for a one-time TANF request as defined in Section 63J-5-102;
(iii) Social Security Act money;
(iv) the Substance Abuse Prevention and Treatment program;
(v) Child Care and Development Block Grant;
(vi) SNAP Administration and Training money;
(vii) Unemployment Insurance Operations money;
(viii) Federal Highway Administration money;
(ix) the Utah National Guard; or
(x) pass-through federal funds.
(c) Federal funds requests described in Subsection (2)(b) are subject to the provisions of this chapter:
(i) beginning on January 1, 2018, for each agency that receives more than $200,000,000 annually in federal funds; or
(ii) beginning on July 1, 2018, for each agency that receives $200,000,000 or less annually in federal funds.
(d) Maintenance of effort reporting requirements described in Subsection 63J-5-102(1)(d)(ii)(B) may not be required until:
(i) January 1, 2018, for each agency that receives more than $200,000,000 annually in federal funds; or
(ii) July 1, 2018, for each agency that receives $200,000,000 or less annually in federal funds.
(3) The governor need not seek legislative review or approval of federal funds received by the state if:
(a) the governor has declared a state of emergency; and
(b) the federal funds are received to assist victims of the state of emergency under Section 53-2a-204.
Amended by Chapter 247, 2017 General Session
2023 Utah Code › Title 63J - Budgeting › Chapter 5 - Federal Funds Procedures Act › Part 2 - Federal Funds Review and Approval › Section 201 - Legislative appropriation subcommittees to review certain federal funds reauthorizations -- Executive appropriations review -- Legislative approval.

Effective 7/1/2021
63J-5-201.
Legislative appropriation subcommittees to review certain federal funds reauthorizations -- Executive appropriations review -- Legislative approval.
(1) The Governor's Office of Planning and Budget shall annually prepare and submit a federal funds request summary for each agency to the Legislative Fiscal Analyst at the same time the governor submits the confidential draft budget under Section 63J-1-201.
(2)
(a) The Legislative Fiscal Analyst, as directed by the Executive Appropriations Committee, may include federal funds in the base budget appropriations act or acts, when those acts are prepared as provided in JR3-2-402.
(b) The Legislative Fiscal Analyst shall submit a federal funds request summary for each agency to the legislative appropriations subcommittee responsible for that agency's budget for review during each annual general session.
(3) Each legislative appropriations subcommittee shall review the federal funds request summary and may:
(a) recommend that the agency accept the federal funds or participate in the federal program for the fiscal year under consideration; or
(b) recommend that the agency not accept the federal funds or not participate in the federal program for the fiscal year under consideration.
(4) The Legislative Executive Appropriations Committee shall:
(a) review each subcommittee's recommendation;
(b) determine whether or not the agency should be authorized to accept the federal funds or participate in the federal program; and
(c) direct the Legislative Fiscal Analyst to include or exclude those federal funds and federal programs in an annual appropriations act for approval by the Legislature.
(5) Legislative approval of an appropriations act containing federal funds constitutes legislative approval of the federal grants or awards associated with the federal funds for the purposes of compliance with the requirements of this chapter.
Amended by Chapter 382, 2021 General Session