H.J.R. 4

This document includes House Floor Amendments incorporated into the bill on Mon, Jan 26, 2004 at 2:36 PM by kholt. --> 1

JOINT RULES RESOLUTION -
2 APPROPRIATION PROCESS REVISIONS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Wayne A. Harper
6
7 LONG TITLE
8 General Description:
9 This resolution modifies the Legislature's appropriation process.
10 Highlighted Provisions:
11 This resolution:
12 . establishes more detailed procedures for the appropriations process;
13 . establishes a Joint Budget Interim Committee and defines its membership, powers,
14 and duties; and
15 . makes technical and conforming corrections.
16 Special Clauses:
17 This resolution takes effect immediately.
18 Legislative Rules Affected:
19 AMENDS:
20 JR-3.02
21 JR-4.22.1
22 ENACTS:
23 JR-3.07
24
25 Be it resolved by the Legislature of the state of Utah:
26 Section 1. JR-3.02 is amended to read:
27 JR-3.02. Joint Appropriations Committee.

28 (1) The Joint Appropriations Committee of the Legislature consists of all the members
29 of the Legislature.
30 (2) (a) The members of the Joint Appropriations Committee shall be divided into the
31 following subcommittees:
32 (i) Capital Facilities and Administrative Services;
33 (ii) Commerce and Revenue;
34 (iii) Economic Development and Human Resources;
35 (iv) Executive Offices and Criminal Justice;
36 (v) Health and Human Services;
37 (vi) Higher Education;
38 (vii) Natural Resources;
39 (viii) Public Education;
40 (ix) Retirement and Independent Entities; and
41 (x) Transportation, Environmental Quality, and National Guard.
42 (b) The President of the Senate and Speaker of the House shall appoint their respective
43 members to each subcommittee.
44 (c) The Retirement and Independent Entities Subcommittee shall have the same
45 members as the Retirement and Independent Entities Committee created in Section 63E-1-201 .
46 (3) (a) A majority of any committee or subcommittee constitutes a quorum for the
47 transaction of business.
48 (b) In determining a committee or subcommittee quorum, a majority is at least 50% in
49 one house and more than 50% in the other.
50 (c) In all decisions of the subcommittees, a majority vote will prevail. A majority vote
51 is at least 50% of the members of one house and more than 50% in the other house in
52 attendance.
53 (4) (a) There shall be an Executive Appropriations Committee consisting of 18
54 members composed of:
55 (i) three members of the majority leadership of the Senate and four members of the
56 majority leadership of the House;
57 (ii) two members of the minority leadership of the Senate and three members of the
58 minority leadership of the House;

59 (iii) the chair of the Senate Appropriations Committee and the chair of the House
60 Appropriations Committee; and
61 (iv) (A) one member from the majority party of the Senate as appointed by the
62 President of the Senate or as chosen by the Senate majority caucus;
63 (B) two members from the minority party of the Senate as appointed by the Senate
64 minority leader or as chosen by the Senate minority caucus; and
65 (C) one member from the minority party of the House as appointed by the House
66 minority leader or as chosen by the House minority caucus.
67 (b) A member of the Executive Appropriations Committee, whose membership is
68 determined under Subsection (4)(a)(i) or (ii), may appoint a designee to permanently serve in
69 that individual's place with the approval of the Speaker or the President for any majority party
70 member or with the approval of the House or Senate minority party leader for any minority
71 party member.
72 (c) In all decisions of the Executive Appropriations Committee, a majority vote
73 prevails. When a division is requested, that vote must include at least 50% of the members of
74 one house and more than 50% of the members of the other house in attendance.
75 (d) In making its decisions, the Executive Appropriations Committee shall include in
76 its consideration tax collections and revenue policy, tax administration, and analysis of revenue
77 sources.
78 (5) (a) The Executive Appropriations Committee shall meet no later than the third
79 Wednesday in December to:
80 (i) [direct staff as to what] adopt a revenue estimate [to] for use in preparing the budget
81 recommendations;
82 (ii) receive recommendations from the Joint Budget Interim Committee;
83 [(ii)] (iii) decide whether or not to set aside special allocations for the end of the
84 session;
85 [(iii)] (iv) set aside an appropriate amount for fiscal note bills;
86 [(iv)] (v) approve the appropriate amount for each subcommittee to use in preparing its
87 budget as provided in Subsection (5)(c); and
88 [(v)] (vi) set a total budget figure.
89 (b) The chairs of each appropriation subcommittee are invited to attend this meeting.

90 [(6) The Office of Legislative Fiscal Analyst shall prepare revised revenue estimates in
91 February].
92 [(7) The Executive Appropriations Committee shall include in its consideration tax
93 collections and revenue policy, tax administration, and analysis of revenue sources.]
94 [(8) (a) With the approval of the Executive Appropriations Committee, time schedules
95 for subcommittee meetings will be determined]
96 (c) In that meeting, the Executive Appropriations Committee shall:
97 (i) review the budget recommendations that:
98 (A) state agencies and institutions submitted to the Governor;
99 (B) the Governor submitted to the Legislature; and
100 (C) the Legislative Fiscal Analyst created for the Legislature; and
101 (ii) after reviewing those budget recommendations, prepare a recommended target
102 budget for each appropriation subcommittee and submit it to the appropriation subcommittee
103 for its consideration, modification, and recommendation.
104 (6) (a) Each appropriation subcommittee shall:
105 (i) receive the recommended target budget for the subcommittee from the Executive
106 Appropriations Committee;
107 (ii) as practicable, hold hearings on the target budget;
108 (iii) if necessary, modify the target budget submitted to the subcommittee by the
109 Executive Appropriations Committee; and
110 (iv) submit to the Executive Appropriations Committee, in the form required by the
111 Executive Appropriations Committee, a recommended budget for each agency and institution
112 over which the appropriation subcommittee has jurisdiction.
113 (b) If the Executive Appropriations Committee returns the target budget to the
114 appropriations subcommittee for modification, the appropriation subcommittee shall meet to
115 review the new guidelines and report the adjustments to the Executive Appropriations
116 Committee as soon as possible.
117 (7) After receiving budget recommendations from each appropriations subcommittee,
118 the Executive Appropriations Committee shall:
119 (a) review and approve revised revenue estimates in February;
120 (b) either:

121 (i) adopt the appropriation subcommittee's budget recommendations without change;
122 (ii) refer the report back to an appropriations subcommittee, instruct the appropriation
123 subcommittee to revise its budget, and provide the appropriations subcommittee with any
124 guidelines that the Joint Budget Committee considers necessary to assist the subcommittee in
125 producing a balanced budget; or
126 (iii) adjust and revise the appropriation subcommittee's recommendations as necessary
127 to balance the budget and to establish final budget recommendations for each agency,
128 institution, and entity of state government;
129 (c) ensure that the Executive Appropriation Committee's final budget
130 recommendations include all of the proposed items of expenditure to be included in the final
131 appropriations bill, including appropriations for the Legislature and its committees and staff;
132 (d) complete all decisions necessary to draft the final appropriations bill no later than
133 the 38th day of the annual general session;
134 (e) direct the Legislative Fiscal Analyst to prepare an annual appropriation act, any
135 supplemental appropriation acts, any bonding or capital facility bills or authorizations, any
136 school financing acts, and any other legislation necessary to incorporate the Executive
137 Appropriation Committee's decisions;
138 (f) approve and submit to the Legislature an annual appropriation act, any
139 supplemental appropriation acts, any bonding or capital facility bills or authorizations, any
140 school financing acts, and any other legislation necessary to approve a balanced budget; and
141 (g) perform the responsibilities required by JR-4.22.1.
142 (8) (a) The President and Speaker shall ensure that appropriations subcommittee
143 meetings are scheduled so that no conflict exists with the [annual general] floor sessions or
144 standing committee meetings of the Legislature.
145 (b) Appropriations subcommittees may not meet while the Senate or House is in
146 session without special leave from the Speaker of the House and the President of the Senate.
147 (9) The Office of Legislative Fiscal Analyst shall prepare revised revenue estimates in
148 February and submit them to the Executive Appropriations Committee for review and
149 approval.
150 [(9) (a) (i) It is the duty of the appropriations chair of each house to receive the reports
151 of the subcommittees and to forward the reports to the Executive Appropriations Committee.]

152 [(ii) The Executive Appropriations Committee shall combine the reports into a total
153 appropriations bill.]
154 [(b) The Executive Appropriations Committee shall establish a liaison between their
155 committee and each of the appropriations subcommittees.]
156 [(10) All proposed items of expenditure to be included in the final appropriations bill,
157 including appropriations for the Legislature and its committees and staff, shall be submitted to
158 one of the subcommittees named in this rule for consideration and recommendation.]
159 [(11) (a) After receiving and reviewing subcommittee reports, the Executive
160 Appropriations Committee may refer the report back to an appropriations subcommittee with
161 any guidelines the Executive Appropriations Committee considers necessary to assist the
162 subcommittee in producing a balanced budget.]
163 [(b) The subcommittee shall meet to review the new guidelines and report the
164 adjustments to the chairs of the Executive Appropriations Committee as soon as possible.]
165 [(12) (a) After receiving the reports, the appropriations chairs will report them to the
166 Executive Appropriations Committee.]
167 [(b) That committee shall:]
168 [(i) make any further adjustments necessary to balance the budget; and]
169 [(ii) complete all decisions necessary to draft the final appropriations bill no later than
170 the 38th day of the annual general session.]
171 [(13) (a) During the interim, the Executive Appropriations Committee shall meet at
172 least every other month on the day before interim meetings on alternating months between
173 Legislative Management Committee meetings.]
174 [(b) The first meeting of the Executive Appropriations Committee shall be in the
175 month following the first meeting of the Legislative Management Committee.]
176 [(c) The appropriations subcommittee chairs may attend these meetings and provide
177 input regarding their budget.]
178 [(d) (i) Each year, the Executive Appropriations Committee shall:]
179 [(A) select a state agency, institution, or program to be the subject of an in-depth
180 budget review; and]
181 [(B) direct an appropriation subcommittee to conduct the in-depth budget review of the
182 agency and report back to the Executive Appropriations Committee.]

183 [(ii) In conducting the in-depth budget review, the appropriations subcommittee shall:]
184 [(A) study, in detail, the budget of the agency, institution, or program;]
185 [(B) prepare a report making recommendations for reduction or additions to the budget
186 of that agency, institution, or program; and]
187 [(C) present its findings and recommendations to the Executive Appropriations
188 Committee.]
189 Section 2. Section JR-3.07 is enacted to read:
190 JR-3.07. Joint Budget Interim Committee.
191 (1) There is created a Joint Budget Interim Committee of the Utah Legislature
192 consisting of 15 members.
193 (2) (a) The President of the Senate shall appoint three members of the 15 members as
194 follows:
195 (i) one member of the majority party as Senate chair of the committee; and
196 (ii) two members of the minority party.
197 (b) The Senate chairs of the following appropriation subcommittees h [ are ] SHALL SERVE
197a AS h ex officio
198 voting members of the Joint Budget Interim Committee h DURING EVEN-NUMBERED YEARS AND
198a THE HOUSE CHAIRS OF THE FOLLOWING APPROPRIATION SUBCOMMITTEES SHALL SERVE AS EX
198b OFFICIO VOTING MEMBERS OF THE JOINT BUDGET INTERIM COMMITTEE DURING
198c ODD-NUMBERED YEARS h :
199 (i) Capital Facilities and Administrative Services;
200 (ii) Commerce and Revenue;
201 (iii) Economic Development and Human Resources; and
202 (iv) Executive Offices and Criminal Justice.
203 (3) (a) The Speaker of the House shall appoint three members of the 15 members as
204 follows:
205 (i) one member of the majority party as House chair of the committee; and
206 (ii) two members of the minority party.
207 (b) The House chairs of the following appropriation subcommittees h [ are ] SHALL SERVE
207a AS h ex officio
208 voting members of the Joint Budget Interim Committee h DURING EVEN-NUMBERED YEARS AND
208a THE SENATE CHAIRS OF THE FOLLOWING APPROPRIATION SUBCOMMITTEES SHALL SERVE AS
208b EX OFFICIO VOTING MEMBERS OF THE JOINT BUDGET INTERIM COMMITTEE DURING

208c ODD-NUMBERED YEARS h :

209 (i) Health and Human Services;
210 (ii) Higher Education;
211 (iii) Natural Resources;
212 (iv) Public Education; and
213 (v) Transportation, Environmental Quality, and National Guard.

214 (4) (a) The Joint Budget Interim Committee shall meet at least monthly and more
215 frequently as needed at the call of the chairs.
216 (b) Four members from each house are a quorum.
217 (c) The vote required for any motion in the committee to pass is at least 50% of one
218 house voting in favor and more than 50% of the other house voting in favor.
219 (d) (i) Except as provided in Subsection (4)(d)(ii) and (iii), the Joint Budget Interim
220 Committee shall be governed by Interim Committee Rules.
221 (ii) That portion of Interim Rule 2.02 that directs that members who miss two
222 consecutive meetings are not counted in determining a quorum does not apply to meetings of
223 the Joint Budget Interim Committee.
224 (iii) For meetings of the Joint Budget Interim Committee, all members of the
225 committee are counted in determining a quorum regardless of how many meetings they have
226 missed.
227 (5) The Joint Budget Interim Committee shall:
228 (a) review, modify, and adopt revenue estimates and revised revenue estimates;
229 (b) obtain each month from the Legislative Fiscal Analyst a report identifying the
230 line-item transfers approved by the Governor under Section 63-38-3 during the previous month
231 and review and discuss that report;
232 (c) perform the responsibilities required by JR-4.22.1;
233 (d) review monthly agency expenditures to ensure that they meet budget and
234 appropriation procedures and requirements;
235 (e) obtain a report each month from the Legislative Fiscal Analyst that identifies any
236 nonroutine expenditures or expenditures that are outside of or more than the line-item
237 appropriation made to the agency;
238 (f) review personnel transfers between agencies, increases or decreases in full-time
239 employees within an agency, and vacancies in permanent positions within an agency if those
240 vacancies have not been filled within nine months; and
241 (g) recommend or introduce legislation to address revenue, expenditure, accounting,
242 and other budget issues in state government.
243 (6) (a) Each year, the Joint Budget Interim Committee shall select one or more state
244 agencies, institutions, or programs to be the subject of an in-depth budget review and either:

245 (i) conduct the in-depth budget review themselves; or
246 (ii) direct an appropriation subcommittee to conduct the in-depth budget review of the
247 agency and report back to the Joint Budget Interim Committee.
248 (b) In conducting the in-depth budget review, the Joint Budget Interim Committee or
249 appropriations subcommittee shall:
250 (i) study, in detail, the budget of the agency, institution, or program including staffing
251 needs, policies, and rules;
252 (ii) prepare a report making recommendations for reductions or additions to the budget
253 of that agency, institution, or program; and
254 (iii) present its findings and recommendations in the Joint Budget Interim Committee's
255 October meeting.
256 Section 3. JR-4.22.1 is amended to read:
257 JR-4.22.1. Appropriations; Requests; Disposition.
258 (1) (a) A legislator desiring to obtain funding for a project, program, or entity that has
259 not previously been funded, or to obtain additional or separate funding for a project, program,
260 or entity, shall file a signed Request for Appropriation with the Office of Legislative Fiscal
261 Analyst within the time limits established by JR-19.02.
262 (b) The request shall designate:
263 (i) the project, program, or entity to be funded;
264 (ii) the source for the funding;
265 (iii) the chief sponsor, who is knowledgeable about and responsible for providing
266 pertinent information as the appropriation is processed;
267 (iv) supporting legislators, if any, who wish to cosponsor the appropriation; and
268 (v) the appropriation subcommittee to which the sponsor wishes the request to be
269 assigned, if any.
270 (2) (a) When a member files a Request for Appropriation, the Legislative Fiscal
271 Analyst shall review the request.
272 (b) If the request requires that a statute be enacted, amended, or repealed, the
273 Legislative Fiscal Analyst shall immediately transfer the request to the Office of Legislative
274 Research and General Counsel as a Request for Legislation.
275 (c) If the request does not require that a statute be enacted, amended, or repealed, the

276 Legislative Fiscal Analyst shall number and title the request and refer the request to:
277 (i) the House chair of the [Executive Appropriations] Joint Budget Interim Committee,
278 if the sponsor is a House member; or
279 (ii) the Senate chair of the [Executive Appropriations] Joint Budget Interim
280 Committee, if the sponsor is a Senator.
281 (d) The House or Senate chair of the [Executive Appropriations] Joint Budget Interim
282 Committee shall refer the request to the appropriate joint appropriations subcommittee.
283 (3) Each joint appropriations subcommittee that receives a Request for Appropriation
284 shall:
285 (a) allow the sponsor to present and discuss the request with the subcommittee;
286 (b) discuss the request; and
287 (c) either:
288 (i) include all or part of the requested appropriation in the budget recommendation
289 made to the Executive Appropriations Committee;
290 (ii) reject the request; or
291 (iii) recommend to the Executive Appropriations Committee that all or part of the
292 requested appropriation be placed on a funding prioritization list as may be established by the
293 Executive Appropriations Committee.
294 Section 4. Effective date.
295 This resolution takes effect upon approval by a constitutional majority vote of all
296 members of the Senate and House of Representatives.




Legislative Review Note
as of 12-16-03 12:59 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel