2006 Utah Code - 63-38-3 — Appropriations governed by chapter -- Restrictions on expenditures -- Transfer of funds.

     63-38-3.   Appropriations governed by chapter -- Restrictions on expenditures -- Transfer of funds.
     (1) All moneys appropriated by the Legislature are appropriated upon the terms and conditions set forth in this chapter, and any department, agency, or institution, except the Legislature and its committees, or where specifically exempted by the appropriating act, which accepts moneys appropriated by the Legislature, does so subject to this chapter.
     (2) (a) In providing that certain appropriations are to be expended in accordance with a schedule or other restrictions, if any, set forth after each appropriations item, it is the intent of the Legislature to limit the amount of money to be expended from each appropriations item for certain specified purposes.
     (b) Each schedule:
     (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) An appropriation or any surplus of any appropriation may not be diverted from any department, agency, institution, or division to any other department, agency, institution, or division.
     (d) The money appropriated subject to a schedule or restriction may be used only for the purposes authorized.
     (e) (i) If any department, agency, or institution for which money is appropriated requests the transfer of moneys appropriated to it from one purpose or function to another purpose or function within an item of appropriation, the director of the Governor's Office of Planning and Budget shall require a new work program to be submitted for the fiscal year involved setting forth the purpose and necessity for such transfer.
     (ii) The director and fiscal officer shall review the proposed change and submit their findings and recommendations to the governor, who may permit the transfer.
     (iii) The state fiscal officer shall notify the Legislature through the Office of the Legislative Fiscal Analyst of action taken by the governor.
     (f) Monies may not be transferred from one item of appropriation to any other item of appropriation.
     (3) This section does not apply to the Investigation Account of the Water Resources Construction Fund. The investigation account shall continue to be governed by Section 73-10-8.

Amended by Chapter 278, 2006 General Session