Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 360 (2018GS)

Sponsor

Rep. Moss, J.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines a term;
• exempts the State Board of Education from certain state budgetary requirements under certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE BOARD OF EDUCATION FINANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson Moss
Senate Sponsor: 
Lincoln Fillmore
LONG TITLE
General Description:
This bill amends provisions related to State Board of Education finance.
Highlighted Provisions:
This bill:
▸ defines a term;
▸ exempts the State Board of Education from certain state budgetary requirements
under certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63J-1-601
, as last amended by Laws of Utah 2016, Chapter 271
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63J-1-601
 is amended to read:
63J-1-601.
End of fiscal year -- Unexpended balances -- Funds not to be closed
out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
accounts and funds -- Institutions of higher education to report unexpended balances.
(1) As used in this section[
, "transaction
]
:
(a) "Education grant subrecipient" means a nonfederal entity that:
(i) receives a subaward from the State Board of Education to carry out at least part of a
federal or state grant program; and
(ii) does not include an individual who is a beneficiary of the federal or state grant
program.
(b) "Transaction
 control number" means the unique numerical identifier established by
the Department of Health to track each medical claim and indicates the date on which the claim
is entered.
(2) On or before August 31 of each fiscal year, the director of the Division of Finance
shall close out to the proper fund or account all remaining unexpended and unencumbered
balances of appropriations made by the Legislature, except:
(a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
(i) enterprise funds;
(ii) internal service funds;
(iii) trust and agency funds;
(iv) capital projects funds;
(v) discrete component unit funds;
(vi) debt service funds; and
(vii) permanent funds;
(b) those revenue collections, appropriations from a fund or account, or appropriations
to a program that are designated as nonlapsing under Sections 
63J-1-602.1
 through
63J-1-602.5
;
(c) expendable special revenue funds, unless specifically directed to close out the fund
in the fund's enabling legislation;
(d) acquisition and development funds appropriated to the Division of Parks and
Recreation;
(e) funds encumbered to pay purchase orders issued prior to May 1 for capital
equipment if delivery is expected before June 30; and
(f) unexpended and unencumbered balances of appropriations that meet the
requirements of Section 
63J-1-603
.
(3) (a) Liabilities and related expenses for goods and services received on or before
June 30 shall be recognized as expenses due and payable from appropriations made prior to
June 30.
(b) The liability and related expense shall be recognized within time periods
established by the Division of Finance but shall be recognized not later than August 31.
(c) Liabilities and expenses not so recognized may be paid from regular departmental
appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
unencumbered balances of appropriations for the years in which the obligation was incurred.
(d) No amounts may be transferred from an item of appropriation of any department,
institution, or agency into the Capital Projects Fund or any other fund without the prior express
approval of the Legislature.
(4) (a) For purposes of this chapter, a claim processed under the authority of Title 26,
Chapter 18, Medical Assistance Act:
(i) is not a liability or an expense to the state for budgetary purposes, unless the
Division of Health Care Financing receives the claim within the time periods established by the
Division of Finance under Subsection (3)(b); and
(ii) is not subject to Subsection (3)(c).
(b) The transaction control number that the Division of Health Care Financing records
on each claim invoice is the date of receipt.
(5) (a) For purposes of this chapter, a claim processed in accordance with Title 35A,
Chapter 13, Utah State Office of Rehabilitation Act:
(i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
State Office of Rehabilitation receives the claim within the time periods established by the
Division of Finance under Subsection (3)(b); and
(ii) is not subject to Subsection (3)(c).
(b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
date on which the Utah State Office of Rehabilitation receives the claim invoice.
(ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this
section.
(6) (a) For purposes of this chapter, a reimbursement request received from an
education grant subrecipient:
(i) is not a liability or expense to the state for budgetary purposes, unless the State
Board of Education receives the claim within the time periods described in Subsection (3)(b);
and
(ii) is not subject to Subsection (3)(c).
(b) The transaction control number that the State Board of Education records on a
claim invoice is the date of receipt.
[
(6)
] 
(7)
 Any balance from an appropriation to a state institution of higher education
that remains unexpended at the end of the fiscal year shall be reported to the Division of
Finance by the September 1 following the close of the fiscal year.