51-2a-401. Prohibiting access to and withholding funds from an entity that does not comply with the accounting report requirements.
| (1) |
If a political subdivision, interlocal organization, or other local entity does not comply with the accounting report requirements of Section 51-2a-201, the state auditor may:
Terms Used In Utah Code 51-2a-401- Accounting reports: means an audit, a review, a compilation, or a fiscal report. See Utah Code 51-2a-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
withhold allocated state funds to pay the cost of the accounting report, in accordance with Subsection (2); or |
| (b) |
prohibit financial access, in accordance with Subsection (3). |
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| (2) |
| (a) |
If the state auditor does not prohibit financial access in accordance with Subsection (3), the state auditor may withhold allocated state funds sufficient to pay the cost of the accounting report from any local entity described in Subsection (1). |
| (b) |
If no allocated state funds are available for withholding, the local entity shall reimburse the state auditor for any cost incurred in completing the accounting reports required under Section 51-2a-402. |
| (c) |
The state auditor shall release the withheld funds if the local entity meets the accounting report requirements either voluntarily or by action under Section 51-2a-402. |
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| (3) |
| (a) |
If the state auditor does not withhold funds in accordance with Subsection (2), the state auditor may prohibit any local entity described in Subsection (1) from accessing:
| (i) |
money held by the state; and |
| (ii) |
money held in an account of a financial institution by:
| (A) |
contacting the entity’s financial institution and requesting that the institution prohibit access to the account; or |
| (B) |
filing an action in district court requesting an order of the court to prohibit a financial institution from providing the entity access to the account. |
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| (b) |
The state auditor shall remove the prohibition on accessing funds described in Subsection (3)(a) if the local entity meets the accounting report requirements either voluntarily or by action under Section 51-2a-402. |
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Amended by Chapter 256, 2018 General Session
