H.B. 357
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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to budgeting requirements.
10 Highlighted Provisions:
11 This bill:
12 . amends provisions regarding the powers, functions, and duties of the Office of
13 Legislative Fiscal Analyst regarding the appropriations process;
14 . requires certain state entities to provide certain information to the governor for the
15 purpose of preparing and reporting the proposed budget;
16 . requires certain state entities to provide to the Office of Legislative Fiscal Analyst a
17 copy of any information, data, analysis, or request submitted to the governor or the
18 Governor's Office of Management and Budget;
19 . repeals provisions regarding certain inclusions and recommendations in the
20 governor's budget;
21 . repeals provisions requiring the Legislature to consider in the appropriations
22 process:
23 . wage increases for certain entities; and
24 . amounts sufficient to fund the Utah Comprehensive Health Insurance Pool;
25 . repeals provisions regarding procedures for recommending, requesting, and
26 conducting a single in-depth budget review and makes in-depth budget reviews part
27 of the regular budget process; and
28 . makes technical corrections.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
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33 Utah Code Sections Affected:
34 AMENDS:
35 36-12-13 , as last amended by Laws of Utah 2013, Chapter 190
36 63J-1-201 , as last amended by Laws of Utah 2013, Chapters 158, 167, and 413
37 63J-1-205 , as last amended by Laws of Utah 2013, Chapters 310 and 346
38 REPEALS:
39 63J-1-201.7 , as last amended by Laws of Utah 2012, Chapters 242 and 341
40 63J-1-701 , as last amended by Laws of Utah 2013, Chapter 310
41 63J-1-702 , as last amended by Laws of Utah 2013, Chapter 310
42 63J-1-703 , as renumbered and amended by Laws of Utah 2009, Chapter 183
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 36-12-13 is amended to read:
46 36-12-13. Office of Legislative Fiscal Analyst established -- Powers, functions,
47 and duties -- Qualifications.
48 (1) There is established an Office of Legislative Fiscal Analyst as a permanent staff
49 office for the Legislature.
50 (2) The powers, functions, and duties of the Office of Legislative Fiscal Analyst under
51 the supervision of the fiscal analyst are:
52 (a) to analyze in detail the [
53 legislative session and make recommendations to the Legislature on each item or program
54 appearing in the [
55 (i) funding for and performance of programs, acquisitions, and services currently
56 undertaken by state government to determine whether each department, agency, institution, or
57 program should:
58 (A) continue at its current level of expenditure;
59 (B) continue at a different level of expenditure; or
60 (C) be terminated; and
61 (ii) increases or decreases to spending authority and other resource allocations for the
62 current and future fiscal years;
63 (b) to prepare cost estimates on all proposed bills that anticipate state government
64 expenditures;
65 (c) to prepare cost estimates on all proposed bills that anticipate expenditures by
66 county, municipal, local district, or special service district governments;
67 (d) to prepare cost estimates on all proposed bills that anticipate direct expenditures by
68 any Utah resident or business, and the cost to the overall impacted Utah resident or business
69 population;
70 (e) to prepare a review and analysis of revenue estimates for existing and proposed
71 revenue acts;
72 (f) to report instances in which the administration may be failing to carry out the
73 expressed intent of the Legislature;
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78 economies or more effective administration;
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80 of the final legislative program on the financial condition of the state;
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83 Management Committee, reports on the finances of the state and on anticipated or proposed
84 requests for appropriations;
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96 (i) available to taxpayers through a website; and
97 (ii) that allows a taxpayer to view on the website an estimate of how the taxpayer's tax
98 dollars are expended for government purposes; and
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100 expenditures that may be accessed by the public.
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118 administration, political science, economics, accounting, or the equivalent in academic or
119 practical experience.
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121 analyst may obtain access to all records, documents, and reports necessary to the scope of the
122 legislative fiscal analyst's duties according to the procedures contained in Title 36, Chapter 14,
123 Legislative Subpoena Powers.
124 Section 2. Section 63J-1-201 is amended to read:
125 63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
126 -- Appropriations based on current tax laws and not to exceed estimated revenues.
127 (1) The governor shall deliver, not later than 30 days before the date the Legislature
128 convenes in the annual general session, a confidential draft copy of the governor's proposed
129 budget recommendations to the Office of the Legislative Fiscal Analyst according to the
130 requirements of this section.
131 (2) (a) When submitting a proposed budget, the governor shall, within the first three
132 days of the annual general session of the Legislature, submit to the presiding officer of each
133 house of the Legislature:
134 (i) a proposed budget for the ensuing fiscal year;
135 (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
136 with each change clearly itemized and classified; and
137 (iii) as applicable, a document showing proposed changes in estimated revenues that
138 are based on changes in state tax laws or rates.
139 (b) The proposed budget shall include:
140 (i) a projection of the total estimated revenues, including estimated receipts of federal
141 funds, and appropriations for the next fiscal year;
142 (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
143 federal grants or assistance programs included in the budget;
144 (iii) a plan of proposed changes to appropriations and estimated revenues for the next
145 fiscal year that is based upon the current fiscal year state tax laws and rates and considers
146 projected changes in federal grants or assistance programs included in the budget;
147 (iv) an itemized estimate of the proposed changes to appropriations for:
148 (A) the Legislative Department as certified to the governor by the president of the
149 Senate and the speaker of the House;
150 (B) the Executive Department;
151 (C) the Judicial Department as certified to the governor by the state court
152 administrator;
153 (D) changes to salaries payable by the state under the Utah Constitution or under law
154 for lease agreements planned for the next fiscal year; and
155 (E) all other changes to ongoing or one-time appropriations, including dedicated
156 credits, restricted funds, nonlapsing balances, grants, and federal funds;
157 (v) for each line item, the average annual dollar amount of staff funding associated
158 with all positions that were vacant during the last fiscal year;
159 (vi) deficits or anticipated deficits;
160 (vii) the recommendations for each state agency for new full-time employees for the
161 next fiscal year, which shall also be provided to the State Building Board as required by
162 Subsection 63A-5-103 (2);
163 (viii) any explanation that the governor may desire to make as to the important features
164 of the budget and any suggestion as to methods for the reduction of expenditures or increase of
165 the state's revenue; and
166 (ix) information detailing certain fee increases as required by Section 63J-1-504 .
167 (3) For the purpose of preparing and reporting the proposed budget:
168 (a) (i) The governor shall require the proper state officials, including all public and
169 higher education officials, all heads of executive and administrative departments and state
170 institutions, bureaus, boards, commissions, and agencies expending or supervising the
171 expenditure of the state money, and all institutions applying for state money and
172 appropriations, to provide itemized estimates of changes in revenues and appropriations.
173 (ii) The estimates under Subsection (3)(a)(i) shall include:
174 (A) actual revenues and expenditures for the fiscal year ending the previous June 30;
175 (B) estimated or authorized revenues and expenditures for the current fiscal year;
176 (C) requested revenues and expenditures for the next fiscal year;
177 (D) detailed explanations of any differences between the amounts appropriated by the
178 Legislature in the current fiscal year and the amounts reported under Subsections (3)(a)(ii)(B)
179 and (C);
180 (E) a statement of agency and program objectives, effectiveness measures, and
181 program size indicators;
182 (F) alternative funding levels for each program with effectiveness measures and
183 program size indicators detailed for each alternative funding level;
184 (G) a priority ranking of all programs and activities in successively increasing levels of
185 performance and funding; and
186 (H) other budgetary information requested by the governor or required by the
187 Legislature.
188 (b) The governor may require the persons and entities subject to Subsection (3)(a) to
189 provide other information under these guidelines and at times as the governor may direct,
190 which may include a requirement for program productivity and performance measures, where
191 appropriate, with emphasis on outcome indicators.
192 (c) The governor may require representatives of public and higher education, state
193 departments and institutions, and other institutions or individuals applying for state
194 appropriations to attend budget meetings.
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243 (4) The persons or entities subject to the requirements in Subsections (3)(a) and (b)
244 shall provide to the Office of Legislative Fiscal Analyst a copy of the information, data,
245 analysis, or requests submitted to the governor or the Governor's Office of Management and
246 Budget under Subsections (3)(a) and (b) at the same time such information, data, analysis, and
247 requests are submitted to the governor or the Governor's Office of Management and Budget.
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249 shall include a separate recommendation in the governor's budget for maintaining a sufficient
250 number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
251 or below the number specified in Subsection 32B-1-201 (2).
252 (b) If the governor does not include in the governor's budget an amount sufficient to
253 maintain the number of alcohol-related law enforcement officers described in Subsection [
254 (5)(a), the governor shall include a message to the Legislature regarding the governor's reason
255 for not including that amount.
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257 Legislative Department, the Judicial Department, and those providing for the payment of
258 principal and interest to the state debt and for the salaries and expenditures specified by the
259 Utah Constitution or under the laws of the state.
260 (b) The estimate for the Judicial Department, as certified by the state court
261 administrator, shall also be included in the budget without revision, but the governor may make
262 separate recommendations on the estimate.
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264 may not exceed the estimated revenues from taxes, fees, and all other sources for the next
265 ensuing fiscal year.
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267 invalidity does not affect the budget itself or any other item in it.
268 Section 3. Section 63J-1-205 is amended to read:
269 63J-1-205. Revenue volatility report.
270 (1) Beginning in 2011 and continuing every three years after 2011, the Legislative
271 Fiscal Analyst and the Governor's Office of Management and Budget shall[
272 submit a joint revenue volatility report to the Executive Appropriations Committee prior to its
273 December meeting.
274 (2) The Legislative Fiscal Analyst and the Governor's Office of Management and
275 Budget shall ensure that the report:
276 (a) discusses the tax base and the tax revenue volatility of the revenue streams that
277 provide the source of funding for the state budget;
278 (b) considers federal funding included in the state budget and any projected changes in
279 the amount or value of federal funding;
280 (c) identifies the balances in the General Fund Budget Reserve Account and the
281 Education Fund Budget Reserve Account;
282 (d) analyzes the adequacy of the balances in the General Fund Budget Reserve Account
283 and the Education Fund Budget Reserve Account in relation to the volatility of the revenue
284 streams and the risk of a reduction in the amount or value of federal funding; and
285 (e) recommends changes to the deposit amounts or transfer limits established in
286 Sections 63J-1-312 and 63J-1-313 , if the Legislative Fiscal Analyst and Governor's Office of
287 Management and Budget consider it appropriate to recommend changes.
288 Section 4. Repealer.
289 This bill repeals:
290 Section 63J-1-201.7 , Legislative budget considerations -- Wage increases for
291 certain entities -- Comprehensive health insurance pool.
292 Section 63J-1-701 , Request for in-depth budget review of agency or program --
293 Form of budget submitted.
294 Section 63J-1-702 , Purpose of review -- Information submitted.
295 Section 63J-1-703 , Selection of activities for review -- Coordination with audits.
Legislative Review Note
as of 2-13-14 5:01 PM