17-36-32.   Operating and capital budget -- Expenditures.
     (1) (a) "Operating and capital budget," for purposes of this section, means a plan of financial operation for an enterprise or other special fund embodying estimates of operating and nonoperating resources and expenses and other outlays for a fiscal period.
     (b) Except as otherwise expressly provided, "budget" or "budgets" and the procedures and controls relating thereto in other sections of this act are not applicable to the "operating and capital budgets" provided in this section.
     (2) Before or at the time the governing body adopts budgets for the budgetary funds specified in Section 17-36-8, it shall adopt an "operating and capital budget" for the next fiscal period for each enterprise fund and for any other special nonbudgetary fund for which operating and capital budgets are prescribed by the uniform system of budgeting, accounting, and reporting.
     (3) Operating and capital budgets shall be adopted and administered in the following manner:
     (a) On or before the first day of the next to last month of each fiscal period, the budget officer shall prepare for the next fiscal period on forms provided pursuant to Section 17-36-4, and file with the governing body a tentative operating and capital budget for each enterprise fund and for any other special fund that requires an operating and capital budget.
     (b) The tentative operating and capital budget shall be accompanied by a supplementary estimate of all capital projects or planned capital projects within the next fiscal period and within the next succeeding fiscal period.
     (c) The budget officer shall prepare all the estimates after review and consultation, if requested, with the concerned department, but thereafter the budget officer has authority to revise any departmental estimate before it is filed with the governing body.
     (d) (i) If within any enterprise utility fund, allocations or transfers that are not reasonable allocations of costs between funds are included in a tentative budget, a written notice of the date, time, place, and purpose of the hearing shall be mailed to utility fund customers at least seven days before the hearing.
     (ii) The purpose portion of the notice shall identify:
     (A) the enterprise utility fund from which money is being transferred;
     (B) the amount being transferred; and
     (C) the fund to which the money is being transferred.
     (e) (i) The tentative operating and capital budget shall be reviewed by the governing body at any regular or special meeting called for that purpose.
     (ii) The governing body may make any changes it considers advisable.
     (iii) Before the close of the fiscal period, the governing body shall adopt an operating and capital budget for the next fiscal period.
     (f) (i) Upon final adoption, the operating and capital budget shall be in effect for the budget period subject to amendment.
     (ii) A copy of the operating and capital budget for each fund shall be certified by the budget officer and made available to the public during business hours in the offices of the county auditor.
     (iii) A copy of the operating and capital budget shall be filed with the state auditor within 30 days after its adoption.
     (iv) The governing body may during the budget period amend the operating and capital budget of an enterprise or other special fund by resolution.

     (v) A copy of the operating and capital budget as amended shall be filed with the state auditor.
     (4) Any expenditure from an operating and capital budget shall conform to the requirements for budgets specified by Sections 17-36-20, 17-36-22, 17-36-23, and 17-36-24.

Amended by Chapter 178, 2006 General Session
Download Code Section Zipped WordPerfect 17_36_003200.ZIP 3,860 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009