63J-1-104 - Revenue types -- Disposition of funds collected or credited by a state agency.
63J-1-104. Revenue types -- Disposition of funds collected or credited by a stateagency.
(1) (a) The Division of Finance shall:
(i) account for revenues in accordance with generally accepted accounting principles; and
(ii) use the major revenue types in internal accounting.
(b) Each agency shall:
(i) use the major revenue types to account for revenues;
(ii) deposit revenues and other public funds received by them by following theprocedures and requirements of Title 51, Chapter 7, State Money Management Act; and
(iii) expend revenues and public funds as required by this chapter.
(2) (a) Each agency shall deposit its free revenues into the appropriate fund.
(b) An agency may expend free revenues up to the amount specifically appropriated bythe Legislature.
(c) Any free revenue funds appropriated by the Legislature to an agency that remainunexpended at the end of the fiscal year lapse to the source fund unless the Legislature providesby law that those funds are nonlapsing.
(3) (a) Each agency shall deposit its restricted revenues into the applicable restrictedaccount or fund.
(b) Revenues in a restricted account or fund do not lapse to another account or fundunless otherwise specifically provided for by law or legislative appropriation.
(c) The Legislature may appropriate restricted revenues from a restricted account or fundfor the specific purpose or program designated by law.
(d) If the fund equity of a restricted account or fund is insufficient to provide theaccounts appropriated from it by the Legislature, the Division of Finance may reduce theappropriation to a level that ensures that the fund equity is not less than zero.
(e) Any restricted revenues appropriated by the Legislature to an agency that remainunexpended at the end of the fiscal year lapse to the applicable restricted account or fund unlessthe Legislature provides by law that those appropriations, or the program or line item financed bythose appropriations, are nonlapsing.
(4) (a) An agency may expend dedicated credits for any purpose within the program orline item.
(b) (i) Except as provided in Subsection (4)(b)(ii), an agency may not expend dedicatedcredits in excess of the amount appropriated as dedicated credits by the Legislature.
(ii) In order to expend dedicated credits in excess of the amount appropriated asdedicated credits by the Legislature, the following procedure shall be followed:
(A) The agency seeking to make the excess expenditure shall:
(I) develop a new work program that:
(Aa) consists of the currently approved work program and the excess expenditure soughtto be made; and
(Bb) complies with the requirements of Section 63J-2-202;
(II) prepare a written justification for the new work program that sets forth the purposeand necessity of the excess expenditure; and
(III) submit the new work program and the written justification for the new workprogram to the Division of Finance.
(B) The Division of Finance shall process the new work program with written
justification and make this information available to the Governor's Office of Planning andBudget and the legislative fiscal analyst.
(iii) An expenditure of dedicated credits in excess of amounts appropriated as dedicatedcredits by the Legislature may not be used to permanently increase personnel within the agencyunless:
(A) the increase is approved by the Legislature; or
(B) the monies are deposited as dedicated credits in:
(I) the Drug Stamp Tax Fund under Section 59-19-105; or
(II) a line item covering tuition or federal vocational funds at an institution of highereducation.
(c) (i) All excess dedicated credits lapse to the appropriate fund at the end of the fiscalyear unless the Legislature has designated the entire program or line item that is partially or fullyfunded from dedicated credits as nonlapsing.
(ii) The Division of Finance shall determine the appropriate fund into which thededicated credits lapse.
(5) (a) The Legislature may establish by law the maximum amount of fixed collectionsthat an agency may expend.
(b) If an agency receives less than the maximum amount of expendable fixed collectionsestablished by law, the agency's authority to expend is limited to the amount of fixed collectionsthat it receives.
(c) If an agency receives fixed collections greater than the maximum amount ofexpendable fixed collections established by law, those excess amounts lapse to the General Fund,the Education Fund, the Transportation Fund, or the Transportation Investment Fund of 2005 asdesignated by the director of the Division of Finance at the end of the fiscal year.
(6) Unless otherwise specifically provided by law, when an agency has a program or lineitem that is funded by more than one major revenue type:
(a) the agency shall expend its dedicated credits and fixed collections first; and
(b) if the program or line item includes both free revenue and restricted revenue, anagency shall expend those revenues based upon a proration of the amounts appropriated fromeach of those major revenue types.
Amended by Chapter 278, 2010 General Session
Amended by Chapter 391, 2010 General Session