2023 Utah Code › Title 63J - Budgeting › Chapter 1 - Budgetary Procedures Act › Part 2 - Budget Process, Appropriations, and Expenditures › Section 206 - Appropriations governed by chapter -- Restrictions on expenditures -- Transfer of funds -- Exclusion.

Effective 7/1/2022
63J-1-206.
Appropriations governed by chapter -- Restrictions on expenditures -- Transfer of funds -- Exclusion.
(1)
(a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly exempted in the appropriating act:
(i) all money appropriated by the Legislature is appropriated upon the terms and conditions set forth in this chapter; and
(ii) any department, agency, or institution that accepts money appropriated by the Legislature does so subject to the requirements of this chapter.
(b) This section does not apply to:
(i) the Legislature and its committees; and
(ii) the Investigation Account of the Water Resources Construction Fund, which is governed by Section 73-10-8.
(2)
(a) Each item of appropriation is to be expended subject to any schedule of programs and any restriction attached to the item of appropriation, as designated by the Legislature.
(b) Each schedule of programs or restriction attached to an appropriation item:
(i) is a restriction or limitation upon the expenditure of the respective appropriation made;
(ii) does not itself appropriate any money; and
(iii) is not itself an item of appropriation.
(c)
(i) An appropriation or any surplus of any appropriation may not be diverted from any department, agency, institution, division, or line item to any other department, agency, institution, division, or line item.
(ii) If the money appropriated to an agency to pay lease payments under the program established in Section 63A-5b-703 exceeds the amount required for the agency's lease payments to the Division of Facilities Construction and Management, the agency may:
(A) transfer money from the lease payments line item to other line items within the agency; and
(B) retain and use the excess money for other purposes.
(d) The money appropriated subject to a schedule of programs or restriction may be used only for the purposes authorized.
(e) In order for a department, agency, or institution to transfer money appropriated to it from one program to another program, the department, agency, or institution shall revise its budget execution plan as provided in Section 63J-1-209.
(f)
(i) The procedures for transferring money between programs within a line item as provided by Subsection (2)(e) do not apply to money appropriated to the State Board of Education for the Minimum School Program or capital outlay programs created in Title 53F, Chapter 3, State Funding -- Capital Outlay Programs.
(ii) The state superintendent may transfer money appropriated for the programs specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
(3) Notwithstanding Subsection (2)(c)(i):
(a) the state superintendent may transfer money appropriated for the Minimum School Program between line items in accordance with Section 53F-2-205; and
(b) the Department of Government Operations may transfer money appropriated for the purpose of paying the costs of paid employee parental leave and postpartum recovery leave under Section 63A-17-511 to another department, agency, institution, or division.
Amended by Chapter 40, 2022 General Session
Amended by Chapter 425, 2022 General Session