Compendium of Budget Information for the 2009 General Session

Capital Facilities & Government Operations
Appropriations Subcommittee
Subcommittee Table of Contents

Agency: Administrative Services

Line Item: Finance - Mandated

Function

Each year the Legislature funds items that impact several agencies, don't apply to any specific agency, or pose a conflict of interest to agency management. For these programs, the Legislature directs the Division of Finance to administer payment as intended for each appropriation. In the past, the Legislature funded Y2K, critical land issues, and inmate issues by placing the funds in dedicated accounts managed by the Division of Finance.

The Division of Finance manages expenditures as provided in appropriations acts for each program, but is not empowered to make policy decisions regarding funding in the mandated sections.

Funding Detail

This line item receives ongoing General Fund for the LeRay McAllister Critical Land Fund.

Sources of Finance
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
General Fund $482,600 $532,600 $532,600 $482,600 $482,600
General Fund, One-time $7,000,000 $0 $1,000,000 $2,000,000 $0
GFR - Economic Incentive Restricted Account $0 $981,900 $1,528,000 $5,928,000 $15,480,000
GFR - Land Exchange Distribution Account $0 $0 $0 $18,760,000 $14,400,000
Risk Management ISF $0 $0 $0 $0 $1,000,000
State Debt Collection Fund $0 $0 $0 $0 $267,000
Beginning Nonlapsing $150,000 $4,000,000 $128,500 $0 $733,000
Closing Nonlapsing ($4,000,000) ($200,000) ($178,500) $0 $0
Lapsing Balance ($38,400) ($929,500) ($543,100) ($4,985,600) $0
Total
$3,594,200
$4,385,000
$2,467,500
$22,185,000
$32,362,600
 
Programs:
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
Land Exchange Distribution $0 $0 $0 $17,097,500 $14,400,000
LeRay McAllister Critical Land Conservation Fund $3,482,600 $332,600 $1,482,600 $2,482,600 $2,482,600
Convention Facilities $0 $4,000,000 $0 $0 $0
Studies $111,600 $0 $0 $0 $0
Development Zone Partial Rebates $0 $52,400 $984,900 $2,604,900 $15,480,000
Total
$3,594,200
$4,385,000
$2,467,500
$22,185,000
$32,362,600
 
Categories of Expenditure
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
Current Expense $111,600 $0 $0 $0 $0
Other Charges/Pass Thru $3,482,600 $4,385,000 $2,467,500 $22,185,000 $32,362,600
Total
$3,594,200
$4,385,000
$2,467,500
$22,185,000
$32,362,600
Subcommittee Table of Contents

Program: Land Exchange Distribution

Function

The 2007 Legislature passed H.B. 134, 'School and Institutional Trust Lands Amendments' which created the Land Exchange Distribution Account and changed the distribution of mineral revenue generated from lands by the School and Institutional Trust Lands Administration.

The Division of Finance receives appropriations from the Land Distribution Exchage Fund and distributes those funds to counties in amounts proportionate to the size of the county and to the amount of mineral revenue generated from county land.

Statutory Authority

UCA 53C-3-202 requires the deposit of certain collections into the Land Exchange Distribution Account.

UCA 53C-3-203 creates the Land Distribution Account and sets forth the required disbursements from the account.

Funding Detail

Sources of Finance
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
GFR - Land Exchange Distribution Account $0 $0 $0 $18,760,000 $14,400,000
Lapsing Balance $0 $0 $0 ($1,662,500) $0
Total
$0
$0
$0
$17,097,500
$14,400,000
 
Categories of Expenditure
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
Other Charges/Pass Thru $0 $0 $0 $17,097,500 $14,400,000
Total
$0
$0
$0
$17,097,500
$14,400,000
Subcommittee Table of Contents

Program: LeRay McAllister Critical Land Conservation Fund

Function

The creation of LeRay McAllister Critical Land Conservation Fund (CLCF) allows non-profit organizations, the Department of Agriculture and Food, the Department of Natural Resources, and local governments access to funds for open space preservation. Money from the CLCF must be used to preserve or restore open lands and agricultural lands. Generally, municipal parks, ball fields, and other types of developed, active recreation areas are not critical lands as defined by the Quality Growth Act.

Statutory Authority

The following laws govern use of the McAllister Fund:

UCA 11-38 is entitled the 'Quality Growth Act.' Part two of this act creates the Quality Growth Commission (QGC).

UCA 11-38-202 gives the QGC the duty to administer the McAllister Fund.

UCA 11-38-301 creates the LeRay McAllister Critical Land Conservation Fund consisting of:

  • Appropriations by the Legislature
  • Contributions from federal agencies, political subdivisions, persons, or corporations
  • Proceeds a department chooses to place in the fund from sales of surplus land

The Departments of Administrative Services, Agriculture and Food, Natural Resources, and Transportation may place proceeds from sales of surplus land into the fund.

The total in the fund may not exceed $6 million.

UCA 11-38-302 allows the QGC to authorize grants or loans from the fund to local agencies, the Department of Natural Resources, the Department of Agriculture and Food, or charitable organizations.

Funds must be used for preserving or restoring open land and agricultural land. Funds may not generally be used to purchase a fee interest but may be used to establish a conservation easement.

Eminent domain may not be used to acquire lands for this purpose

A county, city, town, department or organization may not receive money from the fund unless it provides matching funds equal to or greater than the amount of money received from the fund.

Funding Detail

Sources of Finance
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
General Fund $482,600 $482,600 $482,600 $482,600 $482,600
General Fund, One-time $3,000,000 ($150,000) $1,000,000 $2,000,000 $0
Risk Management ISF $0 $0 $0 $0 $1,000,000
State Debt Collection Fund $0 $0 $0 $0 $267,000
Beginning Nonlapsing $0 $0 $0 $0 $733,000
Total
$3,482,600
$332,600
$1,482,600
$2,482,600
$2,482,600
 
Categories of Expenditure
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
Other Charges/Pass Thru $3,482,600 $332,600 $1,482,600 $2,482,600 $2,482,600
Total
$3,482,600
$332,600
$1,482,600
$2,482,600
$2,482,600
Subcommittee Table of Contents

Program: Convention Facilities

Function

House Bill 1011 from the 2005 First Special Session amended the sales and use tax code so that revenues from the transient room tax can be given to convention facilities. The Division of Finance receives appropriated funds that are then transferred to Salt Lake County.

Funding Detail

Funds carried forward from FY 2005 to FY 2006 before Salt Lake County met all of the conditions for receipt of the funding.

Sources of Finance
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
General Fund, One-time $4,000,000 $0 $0 $0 $0
Beginning Nonlapsing $0 $4,000,000 $0 $0 $0
Closing Nonlapsing ($4,000,000) $0 $0 $0 $0
Total
$0
$4,000,000
$0
$0
$0
 
Categories of Expenditure
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
Other Charges/Pass Thru $0 $4,000,000 $0 $0 $0
Total
$0
$4,000,000
$0
$0
$0
Subcommittee Table of Contents

Program: Development Zone Partial Rebates

Function

The Division of Finance is required by statute to make partial rebates from the Economic Incentive Restricted Account to certain industries which bring in new state revenues. Documentation is required from the Governor's Office of Economic Development.

Statutory Authority

UCA 63-38f-1309 establishes the Economic Development Restricted Account; which is used to make payments to individuals or companies that have generated verifiable new state revenues. Only projects that include significant capital investment, the creation of high paying jobs, or significant purchases from Utah vendors and providers are eligible

UCA 63-38f-1305 and 63-38f-1705 set minimum qualifications for the rebates, some of which are:

  • No payments may be made prior to verification
  • Partial rebates may be paid on projects that include significant capital investment, the creation of high paying jobs, or significant purchases from Utah vendors and providers.
  • Qualifying projects must involve direct investment within the geographic boundaries of the development zone
  • Entities must enter into an agreement with the Governor's Office and comply with conditions set by the office

Funding Detail

The Division of Finance is required to transfer from new revenues in the General Fund the amount estimated by the Governor's Office needed to make the partial rebates. Rebates are then made from the restricted account.

Sources of Finance
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
GFR - Economic Incentive Restricted Account $0 $981,900 $1,528,000 $5,928,000 $15,480,000
Lapsing Balance $0 ($929,500) ($543,100) ($3,323,100) $0
Total
$0
$52,400
$984,900
$2,604,900
$15,480,000
 
Categories of Expenditure
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
Other Charges/Pass Thru $0 $52,400 $984,900 $2,604,900 $15,480,000
Total
$0
$52,400
$984,900
$2,604,900
$15,480,000
Subcommittee Table of Contents

Program: Retirement Benefits

Function

Funding was added to this program as a result of House Bill 213, 'Unused Sick Leave at Retirement Amendments,' 2005 General Session.

Funding Detail

FY 2005 one-time funds were to be used by the Retirement Office to establish retiree health reimbursement accounts and ongoing funds were to be used to track unused sick leave. During the 2007 General Session the Legislature determined that this program was unnecessary and transferred the remaining $250,000 balance to other programs.

Sources of Finance
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
General Fund $0 $50,000 $50,000 $0 $0
General Fund, One-time $0 $150,000 $0 $0 $0
Beginning Nonlapsing $0 $0 $128,500 $0 $0
Closing Nonlapsing $0 ($200,000) ($178,500) $0 $0
Total
$0
$0
$0
$0
$0
 
Categories of Expenditure
2005
Actual
2006
Actual
2007
Actual
2008
Actual
2009
Approp
Total
$0
$0
$0
$0
$0
Subcommittee Table of Contents