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H.B. 41 Enrolled
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.
(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:
(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
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 ;
(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 [
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 .
(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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