53B-2-108.1 - Appropriations reallocation -- Presidents' authority.
53B-2-108.1. Appropriations reallocation -- Presidents' authority.
(1) Notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures Act,appropriations for the support of higher education for the fiscal years 2008-09 and 2009-10 maybe reallocated between line items as provided in this section.
(2) (a) The president of the University of Utah may reallocate between line items theappropriations:
(i) described in Items 119-128 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to the University of Utah forfiscal year 2008-09 made after the 2009 General Session.
(3) (a) The president of Utah State University may reallocate between line items theappropriations:
(i) described in Items 129-137 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to Utah State University forfiscal year 2008-09 made after the 2009 General Session.
(4) (a) The president of Weber State University may reallocate between line items theappropriations:
(i) described in Items 138 and 139 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to Weber State University for
fiscal year 2008-09 made after the 2009 General Session.
(5) (a) The president of Southern Utah University may reallocate between line items theappropriations:
(i) described in Items 140-143 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to Southern Utah Universityfor fiscal year 2008-09 made after the 2009 General Session.
(6) (a) The president of Snow College may reallocate between line items theappropriations:
(i) described in Items 144-146 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to Snow College for fiscalyear 2008-09 made after the 2009 General Session.
(7) (a) The president of Dixie State College may reallocate between line items theappropriations:
(i) described in Items 147-149 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to Dixie State College forfiscal year 2008-09 made after the 2009 General Session.
(8) (a) The president of the College of Eastern Utah may reallocate between line itemsthe appropriations:
(i) described in Items 150-153 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to the College of EasternUtah for fiscal year 2008-09 made after the 2009 General Session.
(9) (a) The president of Utah Valley University may reallocate between line items theappropriations:
(i) described in Items 154 and 155 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 103, 2008 General Session,S.B. 2001, 2008 Second Special Session, H.B. 3, 2009 General Session, and any othersupplemental or other appropriations for the 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to Utah Valley University forfiscal year 2008-09 made after the 2009 General Session.
(10) (a) The president of Salt Lake Community College may reallocate between lineitems the appropriations:
(i) described in Items 156-158 in S.B. 1, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to Salt Lake CommunityCollege for fiscal year 2008-09 made after the 2009 General Session.
(11) (a) The State Board of Regents may reallocate between line items theappropriations:
(i) described in Items 168-178 in S.B. 1, 2008 General Session and money appropriatedin H.B. 86, 2008 General Session, and S.B. 180, 2008 General Session; and
(ii) as modified by supplemental appropriations, including H.B. 2, 2008 General Session,
H.B. 3, 2008 General Session, H.B. 4, 2008 General Session, S.B. 2001, 2008 Second SpecialSession, H.B. 3, 2009 General Session, and any other supplemental or other appropriations forthe 2008-09 fiscal year.
(b) (i) The total amount of money reallocated may not exceed the net reduction for the2008-09 fiscal year.
(ii) The percent of a line item appropriation that may be reallocated may not exceed thesum of:
(A) 5%; and
(B) 1.5 times the percent of any reduction in appropriations to the State Board of Regentsfor fiscal year 2008-09 made after the 2009 General Session.
(12) (a) The State Board of Regents and an institution listed in Subsections (2) through(10) may reallocate appropriations between line items for the 2009-10 fiscal year, in accordancewith Subsection (12)(b).
(b) The percent of a line item appropriation that may be reallocated may not exceed 1.5times the percentage difference between:
(i) ongoing appropriations for the State Board of Regents or institution in the 2008-09fiscal year; and
(ii) appropriations for the State Board of Regents or institution in the 2009-10 fiscal year.
(13) In the 2008-09 and 2009-10 fiscal years, the president of each institution isencouraged, as soon as is reasonably possible, to exercise the budget authority provided underSubsection 53B-2-106(1)(b), as needed, to balance budgets and maintain the effective andefficient administration and operation of the institution consistent with reduced institutionalfunding.
Amended by Chapter 370, 2009 General Session