Download Zipped Enrolled WP 8.0 HB0340.ZIP 9,888 Bytes
[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]

H.B. 340 Enrolled

                 

COST-OF-LIVING ADJUSTMENT FOR YOUTH

                 
CORRECTIONS PRIVATE PROVIDERS

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Blake D. Chard

                  AN ACT RELATING TO STATE AFFAIRS IN GENERAL; REQUIRING THE GOVERNOR
                  TO INCLUDE IN THE BUDGET FOR THE DEPARTMENT OF HUMAN SERVICES
                  COST-OF-LIVING INCREASES FOR CONTRACT PROVIDERS WITH THE DIVISIONS OF
                  CHILD AND FAMILY SERVICES AND YOUTH CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      63-38-2, as last amended by Chapter 21, Laws of Utah 1999
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 63-38-2 is amended to read:
                       63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
                  Appropriations based on current tax laws and not to exceed estimated revenues.
                      (1) (a) The governor shall, within three days after the convening of the Legislature in the
                  annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
                  officer of each house of the Legislature together with a schedule for all of the proposed
                  appropriations of the budget, clearly itemized and classified.
                      (b) The budget message shall include a projection of estimated revenues and expenditures
                  for the next fiscal year.
                      (2) At least 34 days before the submission of any budget, the governor shall deliver a
                  confidential draft copy of his proposed budget recommendations to the Office of the Legislative
                  Fiscal Analyst.
                      (3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
                  revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
                      (b) The budget may be accompanied by a separate document showing proposed
                  expenditures and estimated revenues based on changes in state tax laws or rates.


                      (4) The budget shall be accompanied by a statement showing:
                      (a) the revenues and expenditures for the last fiscal year;
                      (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds of
                  the state;
                      (c) an estimate of the state's financial condition as of the beginning and the end of the period
                  covered by the budget;
                      (d) a complete analysis of lease with an option to purchase arrangements entered into by state
                  agencies;
                      (e) the recommendations for each state agency for new full-time employees for the next fiscal
                  year; which recommendation should be provided also to the State Building Board under Subsection
                  63A-5-103 (2);
                      (f) any explanation 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
                      (g) the information detailing certain regulatory fee increases required by Section 63-38-3.2 .
                      (5) The budget shall include an itemized estimate of the 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) payment and discharge of the principal and interest of the indebtedness of the state of
                  Utah;
                      (e) the salaries payable by the state under the Utah Constitution or under law for the lease
                  agreements planned for the next fiscal year;
                      (f) other purposes that are set forth in the Utah Constitution or under law; and
                      (g) all other appropriations.
                      (6) Deficits or anticipated deficits shall be included in the budget.
                      (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require

- 2 -


                  from the proper state officials, including 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 moneys, and all institutions applying for state
                  moneys and appropriations, itemized estimates of revenues and expenditures. The entities required
                  by this Subsection (7)(a)(i) to submit itemized estimates of revenues and expenditures to the
                  governor, shall also report to the Utah Information Technology Commission created in Title 63D,
                  Chapter 1, before October 30 of each year. The report to the Information Technology Commission
                  shall include the proposed information technology expenditures and objectives, the proposed
                  appropriation requests and other sources of revenue necessary to fund the proposed expenditures and
                  an analysis of:
                      (A) the entity's need for appropriations for information technology;
                      (B) how the entity's development of information technology coordinates with other state or
                  local government entities;
                      (C) any performance measures used by the entity for implementing information technology
                  goals; and
                      (D) any efforts to develop public/private partnerships to accomplish information technology
                  goals.
                      (ii) (A) The governor may also require other information under these guidelines and at times
                  as the governor may direct.
                      (B) These guidelines may include a requirement for program productivity and performance
                  measures, where appropriate, with emphasis on outcome indicators.
                      (b) The estimate for the Legislative Department as certified by the presiding officers of both
                  houses shall be included in the budget without revision by the governor. Before preparing the
                  estimates for the Legislative Department, the Legislature shall report to the Information Technology
                  Commission the proposed information technology expenditures and objectives, the proposed
                  appropriation requests and other sources of revenue necessary to fund the proposed expenditures,
                  including an analysis of:
                      (i) the Legislature's implementation of information technology goals;

- 3 -


                      (ii) any coordination of information technology with other departments of state and local
                  government;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology
                  goals; and
                      (iv) any performance measures used by the entity for implementing information technology
                  goals.
                      (c) 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 it. Before preparing the estimates for the Judicial Department, the state court
                  administrator shall report to the Information Technology Commission the proposed information
                  technology expenditures and objectives, the proposed appropriation requests and other sources of
                  revenue necessary to fund the proposed expenditures, including an analysis of:
                      (i) the Judicial Department's information technology goals;
                      (ii) coordination of information technology statewide between all courts;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology
                  goals; and
                      (iv) any performance measures used by the entity for implementing information technology
                  goals.
                      (d) Before preparing the estimates for the State Office of Education, the state superintendent
                  shall report to the Information Technology Commission the proposed information technology
                  expenditures and objectives, the proposed appropriation requests and other sources of revenue
                  necessary to fund the proposed expenditures, including an analysis of:
                      (i) the Office of Education's information technology goals;
                      (ii) coordination of information technology statewide between all public schools;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology
                  goals; and
                      (iv) any performance measures used by the Office of Education for implementing information
                  technology goals.

- 4 -


                      (e) Before preparing the estimates for the state system of Higher Education, the
                  commissioner shall report to the Information Technology Commission the proposed information
                  technology expenditures and objectives, the proposed appropriation requests and other sources of
                  revenue necessary to fund the proposed expenditures, including an analysis of:
                      (i) Higher Education's information technology goals;
                      (ii) coordination of information technology statewide within the state system of higher
                  education;
                      (iii) any efforts to develop public/private partnerships to accomplish information technology
                  goals; and
                      (iv) any performance measures used by the state system of higher education for implementing
                  information technology goals.
                      (f) The governor may require the attendance at budget meetings of representatives of public
                  and higher education, state departments and institutions, and other institutions or individuals applying
                  for state appropriations.
                      (g) 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.
                      (8) 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.
                      (9) 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.
                      (10) (a) In submitting the budget for the Departments of Health and Human Services, the
                  governor shall consider a separate recommendation in his budget for funds to be contracted to:
                      (i) local mental health authorities under Section 17A-3-606 ;
                      (ii) local substance abuse authorities under Section 62A-8-110.5 ;
                      (iii) area agencies under Section 62A-3-104.2 ;
                      (iv) programs administered directly by and for operation of the Divisions of Mental Health,

- 5 -


                  Substance Abuse, and Aging and Adult Services; and
                      (v) local health departments under Title 26A, Chapter 1, Local Health Departments.
                      (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
                  shall consider an amount sufficient to grant local health departments, local mental health authorities,
                  local substance abuse authorities, and area agencies the same percentage increase for wages and
                  benefits that he includes in his budget for persons employed by the state.
                      (c) If the governor does not include in his budget an amount sufficient to grant the increase
                  described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
                  for not including that amount.
                      (11) (a) In submitting the budget for the Division of Services for People with Disabilities, the
                  Division of Child and Family Services, and the Division of Youth Corrections within the Department
                  of Human Services, the governor shall consider an amount sufficient to grant employees of [private
                  nonprofit] corporations that provide direct services under contract with [that division] those divisions,
                  the same percentage increase for cost-of-living that he includes in his budget for persons employed
                  by the state.
                      (b) If the governor does not include in his budget an amount sufficient to grant the increase
                  described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
                  for not including that amount.
                      (12) (a) The Families, Agencies, and Communities Together Council may propose to the
                  governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative service delivery
                  systems operated under Section 63-75-6.5 .
                      (b) The Legislature may, through a specific program schedule, designate funds appropriated
                  for collaborative service delivery systems operated under Section 63-75-6.5 .
                      (13) The governor shall include in his 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.

- 6 -


[Bill Documents][Bills Directory]