Title 63J Chapter 1 Section 201

Budgeting
Budgetary Procedures Act
Section 201
Governor's proposed budget to Legislature -- Contents -- Preparation -- Appropriations based on current tax laws and not to exceed estimated revenues.

            

63J-1-201.   Governor's proposed budget to Legislature -- Contents -- Preparation -- Appropriations based on current tax laws and not to exceed estimated revenues.

            (1) The governor shall deliver, not later than 30 days before the date the Legislature convenes in the annual general session, a confidential draft copy of the governor's proposed budget recommendations to the Office of the Legislative Fiscal Analyst according to the requirements of this section.

            (2) (a) When submitting a proposed budget, the governor shall, within the first three days of the annual general session of the Legislature, submit to the presiding officer of each house of the Legislature:

            (i) a proposed budget for the ensuing fiscal year;

            (ii) a schedule for all of the proposed changes to appropriations in the proposed budget, with each change clearly itemized and classified; and

            (iii) as applicable, a document showing proposed changes in estimated revenues that are based on changes in state tax laws or rates.

            (b) The proposed budget shall include:

            (i) a projection of the total estimated revenues, including estimated receipts of federal funds, and appropriations for the next fiscal year;

            (ii) the source of changes to all direct, indirect, and in-kind matching funds for all federal grants or assistance programs included in the budget;

            (iii) a plan of proposed changes to appropriations and estimated revenues for the next fiscal year that is based upon the current fiscal year state tax laws and rates and considers projected changes in federal grants or assistance programs included in the budget;

            (iv) an itemized estimate of the proposed changes to appropriations for:

            (A) the Legislative Department as certified to the governor by the president of the Senate and the speaker of the House;

            (B) the Executive Department;

            (C) the Judicial Department as certified to the governor by the state court administrator;

            (D) changes to salaries payable by the state under the Utah Constitution or under law for lease agreements planned for the next fiscal year; and

            (E) all other changes to ongoing or one-time appropriations, including dedicated credits, restricted funds, nonlapsing balances, grants, and federal funds;

            (v) for each line item, the average annual dollar amount of staff funding associated with all positions that were vacant during the last fiscal year;

            (vi) deficits or anticipated deficits;

            (vii) the recommendations for each state agency for new full-time employees for the next fiscal year, which shall also be provided to the State Building Board as required by Subsection 63A-5-103(2);

            (viii) any explanation that the governor may desire to make as to the important features of the budget and any suggestion as to methods for the reduction of expenditures or increase of the state's revenue; and

            (ix) information detailing certain fee increases as required by Section 63J-1-504.

            (3) For the purpose of preparing and reporting the proposed budget:

            (a) The governor shall require the proper state officials, including all public and higher education officials, all heads of executive and administrative departments and state institutions, bureaus, boards, commissions, and agencies expending or supervising the expenditure of the state money, and all institutions applying for state money and appropriations, to provide itemized estimates of changes in revenues and appropriations.

            (b) The governor may require the persons and entities subject to Subsection (3)(a) to provide other information under these guidelines and at times as the governor may direct, which may include a requirement for program productivity and performance measures, where appropriate, with emphasis on outcome indicators.

            (c) The governor may require representatives of public and higher education, state departments and institutions, and other institutions or individuals applying for state appropriations to attend budget meetings.

            (4) In submitting the budgets for the Departments of Health and Human Services and the Office of the Attorney General, the governor shall consider a separate recommendation in the governor's budget for changes in funds to be contracted to:

            (a) local mental health authorities under Section 62A-15-110;

            (b) local substance abuse authorities under Section 62A-15-110;

            (c) area agencies under Section 62A-3-104.2;

            (d) programs administered directly by and for operation of the Divisions of Substance Abuse and Mental Health and Aging and Adult Services;

            (e) local health departments under Title 26A, Chapter 1, Local Health Departments; and

            (f) counties for the operation of Children's Justice Centers under Section 67-5b-102.

            (5) (a) In making budget recommendations, the governor shall consider an amount sufficient to grant the following entities the same percentage increase for wages and benefits that the governor includes in the governor's budget for persons employed by the state:

            (i) local health departments, local mental health authorities, local substance abuse authorities, and area agencies;

            (ii) local conservation districts and Utah Association of Conservation District employees, as related to the budget for the Department of Agriculture; and

            (iii) employees of corporations that provide direct services under contract with:

            (A) the Utah State Office of Rehabilitation and the Division of Services for People with Disabilities;

            (B) the Division of Child and Family Services; and

            (C) the Division of Juvenile Justice Services within the Department of Human Services.

            (b) If the governor does not include in the governor's budget an amount sufficient to grant an increase for any entity described in Subsection (5)(a), the governor shall include a message to the Legislature regarding the governor's reason for not including that amount.

            (6) The governor shall include in the governor's budget the state's portion of the budget for the Utah Communications Agency Network established in Title 63C, Chapter 7, Utah Communications Agency Network Act.

            (7) (a) The governor shall include a separate recommendation in the governor's budget for funds to maintain the operation and administration of the Utah Comprehensive Health Insurance Pool. In making the recommendation, the governor may consider:

            (i) actuarial analysis of growth or decline in enrollment projected over a period of at least three years;

            (ii) actuarial analysis of the medical and pharmacy claims costs projected over a period of at least three years;

            (iii) the annual Medical Care Consumer Price Index;

            (iv) the annual base budget for the pool established by the Business, Economic Development, and Labor Appropriations Subcommittee for each fiscal year;

            (v) the growth or decline in insurance premium taxes and fees collected by the State Tax Commission and the Insurance Department; and

            (vi) the availability of surplus General Fund revenue under Section 63J-1-312 and Subsection 59-14-204(5).

            (b) In considering the factors in Subsections (7)(a)(i), (ii), and (iii), the governor may consider the actuarial data and projections prepared for the board of the Utah Comprehensive Health Insurance Pool as it develops the governor's financial statements and projections for each fiscal year.

            (8) (a) In submitting the budget for the Department of Public Safety, the governor shall include a separate recommendation in the governor's budget for maintaining a sufficient number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to or below the number specified in Subsection 32B-1-201(2).

            (b) If the governor does not include in the governor's budget an amount sufficient to maintain the number of alcohol-related law enforcement officers described in Subsection (8)(a), the governor shall include a message to the Legislature regarding the governor's reason for not including that amount.

            (9) (a) The governor may revise all estimates, except those relating to the Legislative Department, the Judicial Department, and those providing for the payment of principal and interest to the state debt and for the salaries and expenditures specified by the Utah Constitution or under the laws of the state.

            (b) The estimate for the Judicial Department, as certified by the state court administrator, shall also be included in the budget without revision, but the governor may make separate recommendations on the estimate.

            (10) The total appropriations requested for expenditures authorized by the budget may not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal year.

            (11) If any item of the budget as enacted is held invalid upon any ground, the invalidity does not affect the budget itself or any other item in it.


Amended by Chapter 158, 2013 General Session

Amended by Chapter 167, 2013 General Session

Amended by Chapter 413, 2013 General Session