H.B. 319

1

REVIEW AND APPROPRIATION OF GRANTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Clark
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill creates the process for the legislative review and appropriation of agency
10 grants.
11 Highlighted Provisions:
12 This bill:
13 . creates a legislative review process of agency grants; and
14 . prohibits an agency from expending grant monies that are not appropriated by the
15 Legislature.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General,
20 by providing technical renumbering.
21 Utah Code Sections Affected:
22 ENACTS:
23 63-38h-101, Utah Code Annotated 1953
24 63-38h-102, Utah Code Annotated 1953
25 63-38h-201, Utah Code Annotated 1953
26 63-38h-202, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 63-38h-101 is enacted to read:
30 CHAPTER 38h. REVIEW AND APPROPRIATION OF GRANTS
31 Part 1. General Provisions
32 63-38h-101. Title.
33 This chapter is known as the "Review and Appropriation of Grants."
34 Section 2. Section 63-38h-102 is enacted to read:
35 63-38h-102. Definitions.
36 As used in this chapter:
37 (1) "Accept" means an agency has been offered and has received grant monies.
38 (2) (a) "Agency" means an executive department, division, committee, commission,
39 council, court, board, or other executive administrative subunit.
40 (b) "Agency" includes executive branch entities and judicial branch entities.
41 (c) "Agency" does not mean higher education institutions or political subdivisions.
42 (3) (a) "Grant" means a gift, donation, loan, or other funds or monies given to an
43 agency by an individual, group of individuals, foundation, corporation, or other public or
44 private organization.
45 (b) "Grant" does not mean federal funds or monies.
46 (4) "Grant summary" means a document detailing:
47 (a) the amount of money that is being granted or is available to be received by the
48 agency;
49 (b) the duration of the grant and provisions for its reauthorization or extension, if any;
50 (c) the individual, group of individuals, foundation, corporation, or public or private
51 organization making the grant;
52 (d) the purpose of the grant, including, in detail, any programs, resources, and positions
53 required to be funded by the grant;
54 (e) any requirements that the agency must meet as a condition to receive or participate
55 in the grant; and
56 (f) the amount of state monies, if any, that will be required in order to obtain the grant.
57 Section 3. Section 63-38h-201 is enacted to read:
58 Part 2. Review and Appropriation of Grants

59 63-38h-201. Executive Appropriation Committee to review grants.
60 (1) Before an agency may accept a grant, the agency shall submit a grant summary to
61 the Executive Appropriations Committee for review.
62 (2) The Executive Appropriations Committee shall review the grant and grant
63 summary and:
64 (a) recommend that the agency accept the grant;
65 (b) recommend that the agency decline the grant; or
66 (c) refer the grant to an appropriation subcommittee for its review and
67 recommendation.
68 Section 4. Section 63-38h-202 is enacted to read:
69 63-38h-202. Legislature to appropriate grant funds.
70 An agency may not expend a grant until the Legislature has specifically appropriated
71 the grant monies to the agency.
72 Section 5. Coordinating H.B. 319 with H.B. 63 -- Technical renumbering.
73 If this H.B. 319 and H.B. 63, Recodification of Title 63 State Affairs in General, both
74 pass, it is the intent of the Legislature that the Office of Legislative Research and General
75 Counsel, in preparing the Utah Code database for publication:
76 (1) renumber Sections 63-38h-101 through 63-38h-202 to 63J-7-101 through
77 63J-7-202 ; and
78 (2) change all internal cross references.




Legislative Review Note
as of 1-10-08 3:30 PM

Office of Legislative Research and General Counsel