63J-1-411 - Internal service funds -- End of fiscal year -- Unused authority for capital acquisition.
63J-1-411. Internal service funds -- End of fiscal year -- Unused authority forcapital acquisition.
(1) An internal service fund agency's authority to acquire capital assets under Subsection63J-1-410(8)(a) shall lapse if the acquisition of the capital asset does not occur in the fiscal yearin which the authorization is included in the appropriations act, unless the Legislature identifiesthe 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 initialappropriation 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 beretained as nonlapsing authorization if the internal service fund agency includes a one-timeproject's list as part of the budget request that it submits to the governor and the Legislature at theannual general session of the Legislature immediately before the end of the fiscal year in whichthe 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 thegovernor 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 listas an approved capital acquisition for an agency's appropriation balance;
(ii) shall identify any authorized one-time projects in the appropriate line itemappropriation; and
(iii) may prioritize one-time projects in intent language.
(3) An internal service fund agency shall submit a status report of outstanding nonlapsingauthority to acquire capital assets and associated one-time projects to the Governor's Office ofPlanning and Budget and the Legislative Fiscal Analyst's Office with the proposed budgetrequired by Section 63J-1-201.
Renumbered and Amended by Chapter 183, 2009 General Session