Section 220 – Reporting related to pass through money distributed by state agencies.

• (1) As used in this section:
  • (a) “Local government entity” means a county, municipality, school district, local district under Title 17B, Limited Purpose Local Government Entities – Local Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of the state.
  • (b)
    • (i) “Pass through funding” means money appropriated by the Legislature to a state agency that is intended to be passed through the state agency to one or more:
      • (A) local government entities;
      • (B) private organizations, including not-for-profit organizations; or
      • (C) persons in the form of a loan or grant.
    • (ii) “Pass through funding” may be:
      • (A) general funds, dedicated credits, or any combination of state funding sources; and
      • (B) ongoing or one-time.
  • (c) “Recipient entity” means a local government entity or private entity, including a nonprofit entity, that receives money by way of pass through funding from a state agency.
  • (d) “State agency” means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the executive branch of the state.
  • (e)
    • (i) “State money” means money that is owned, held, or administered by a state agency and derived from state fees or tax revenues.
    • (ii) “State money” does not include contributions or donations received by a state agency.

• (2) A state agency may not provide a recipient entity state money through pass through funding unless:
  • (a) the state agency enters into a written agreement with the recipient entity; and
  • (b) the written agreement described in Subsection (2)(a) requires the recipient entity to provide the state agency:
    • (i) a written description and an itemized report at least annually detailing the expenditure of the state money, or the intended expenditure of any state money that has not been spent; and
    • (ii) a final written itemized report when all the state money is spent.

• (3) A state agency shall provide to the Governor’s Office of Planning and Budget a copy of a written description or itemized report received by the state agency under Subsection (2).

• (4) Notwithstanding Subsection (2), a state agency is not required to comply with this section to the extent that the pass through funding is issued:
  • (a) under a competitive award process;
  • (b) in accordance with a formula enacted in statute;
  • (c) in accordance with a state program under parameters in statute or rule that guides the distribution of the pass through funding; or
  • (d) under the authority of the Minimum School Program, as defined in Section 53F-2-102.

Amended by Chapter 382, 2021 General Session