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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 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;
(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) (a) The Families, Agencies, and Communities Together Council may propose a
budget recommendation to the governor for collaborative service delivery systems operated
under Section 63M-9-402, as provided under Subsection 63M-9-201(4)(e).
(b) The Legislature may, through a specific program schedule, designate funds
appropriated for collaborative service delivery systems operated under Section 63M-9-402.
(7) 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.
(8) (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 Commerce and Revenue
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).
(b) In considering the factors in Subsections (8)(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.
(9) (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 (9)(a),
the governor shall include a message to the Legislature regarding the governor's reason for not
including that amount.
(10) (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.
(11) 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.
(12) 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 334, 2011 General Session
Amended by Chapter 378, 2011 General Session
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