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H.B. 41 Enrolled

                 

LEGISLATIVE BUDGETING FOR COLA FOR

                 
LOCAL HEALTH AUTHORITIES

                 
2003 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Jack A. Seitz

                  This act modifies the Budgetary Procedures Act to require the Legislature to consider
                  providing an increase for certain local human services agencies that is consistent with the
                  increase for state employees.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      63-38-2, as last amended by Chapter 8, Laws of Utah 2002, Fifth Special Session
                  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 --
                  Legislature to consider increase for local human services agencies.
                      (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;
                      (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.

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                      (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
                  require 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, Information Technology Act, 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:

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                      (i) the Legislature's implementation of information technology goals;
                      (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

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                  information technology goals.
                      (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 budgets for the Departments of Health and Human Services
                  and the Office of the Attorney General, the governor shall consider a separate recommendation in
                  his budget for funds to be contracted to:
                      (i) local mental health authorities under Section 62A-15-110 ;

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                      (ii) local substance abuse authorities under Section 62A-15-110 ;
                      (iii) area agencies under Section 62A-3-104.2 ;
                      (iv) programs administered directly by and for operation of the Divisions of Substance
                  Abuse and Mental Health and Aging and Adult Services;
                      (v) local health departments under Title 26A, Chapter 1, Local Health [Departments]
                  Department Act; and
                      (vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
                      (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 corporations that provide direct services under contract with 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 .

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                      (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.
                      (14) In adopting a budget for each fiscal year, the Legislature shall consider an amount
                  sufficient to grant local health departments, local mental health authorities, local substance abuse
                  authorities, and area agencies on aging the same percentage increase for wages and benefits that
                  is included in the budget for persons employed by the state.

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