First Substitute H.B. 97

Representative Greg J. Curtis proposes the following substitute bill:

1 STATE BUDGET PROVISIONS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Greg J. Curtis
5
6 LONG TITLE
7 General Description:
8 This bill defines what happens if the Legislature fails to pass, or the governor vetoes,
9 one or more appropriation acts to fund state government and to fund other units of
10 government for the next fiscal year.
11 Highlighted Provisions:
12 This bill:
13 . re-appropriates the comparable ongoing appropriation for the current fiscal year
14 when the legislature fails to pass, or the governor vetoes, a bill or act containing an
15 appropriation for the next fiscal year.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides an immediate effective date.
20 Utah Code Sections Affected:
21 ENACTS:
22 63-38-3.7, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 63-38-3.7 is enacted to read:

26 63-38-3.7. Comprehensive appropriations acts not enacted -- Effect.
27 (1) As used in this section:
28 (a) "Comprehensive appropriation acts" means one or more appropriation bills or acts
29 that, taken together, provide all the funding for state government in a fiscal year.
30 (b) "Current fiscal year" means:
31 (i) the fiscal year for which the Legislature has passed one or more comprehensive
32 appropriation acts that appropriate monies to state agencies and other government entities; and
33 (ii) the fiscal year in which those monies are being spent.
34 (c) "Next fiscal year" means the fiscal year beginning the July 1 after the current fiscal
35 year.
36 (d) "Suspended appropriation item" means each appropriation item providing funding
37 for the next fiscal year that does not take effect because the Legislature fails to pass the bill or
38 act in which it is contained or because the governor vetoes the bill or act in which it is
39 contained.
40 (2) For each suspended appropriation item, the comparable appropriation for the
41 current fiscal year that is not designated as one-time is duplicated and becomes the
42 appropriation for the next fiscal year.
43 (3) Subsection (2) does not apply if, as a result of applying this section, the state's
44 appropriations from the General Fund and Uniform School Fund would exceed the total
45 estimated revenue available for those funds during the next fiscal year.
46 Section 2. Effective date.
47 If approved by two-thirds of all the members elected to each house, this bill takes effect
48 upon approval by the governor, or the day following the constitutional time limit of Utah
49 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
50 the date of veto override.

*HB0097S01*