H.B. 309

1

MUNICIPAL BUDGET AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mark W. Walker
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Uniform Fiscal Procedures Act for Utah Cities.
9 Highlighted Provisions:
10 This bill:
11 . modifies the timetable for filing a new city's tentative budget.
12 Monies Appropriated in this Bill:
13 None
14 Other Special Clauses:
15 This bill has retrospective operation to November 1, 2004.
16 Utah Code Sections Affected:
17 AMENDS:
18 10-6-111, as last amended by Chapter 292, Laws of Utah 2003
19
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 10-6-111 is amended to read:
22 10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures
23 -- Budget message -- Review by governing body.
24 (1) On or before the first regularly scheduled meeting of the governing body in the last
25 May of the current period, the budget officer shall prepare for the ensuing fiscal period, on
26 forms provided by the state auditor, and file with the governing body, a tentative budget for
27 each fund for which a budget is required. The tentative budget of each fund shall set forth in

28 tabular form the following:
29 (a) Actual revenues and expenditures in the last completed fiscal period.
30 (b) Budget estimates for the current fiscal period.
31 (c) Actual revenues and expenditures for a period of 6 to 21 months, as appropriate, of
32 the current fiscal period.
33 (d) Estimated total revenues and expenditures for the current fiscal period.
34 (e) The budget officer's estimates of revenues and expenditures for the budget period,
35 computed in the following manner:
36 (i) The budget officer shall estimate, on the basis of demonstrated need, the
37 expenditures for the budget period after a review of the budget requests and estimates of the
38 department heads. Each department head shall be heard by the budget officer prior to making
39 of the final estimates, but the officer may revise any department's estimate as the officer
40 considers advisable for the purpose of presenting the budget to the governing body.
41 (ii) The budget officer shall estimate the amount of revenue available to serve the
42 needs of each fund, estimate the portion to be derived from all sources other than general
43 property taxes, and estimate the portion that must be derived from general property taxes.
44 From the latter estimate the officer shall compute and disclose in the budget the lowest rate of
45 property tax levy that will raise the required amount of revenue, calculating the levy upon the
46 latest taxable value.
47 (f) If the governing body elects, actual performance experience to the extent
48 established by Section 10-6-154 and available in work units, unit costs, man hours, or man
49 years for each budgeted fund on an actual basis for the last completed fiscal period, and
50 estimated for the current fiscal period and for the ensuing budget period.
51 (2) (a) Each tentative budget, when filed by the budget officer with the governing body,
52 shall contain the estimates of expenditures submitted by department heads, together with
53 specific work programs and such other supporting data as this chapter requires or the governing
54 body may request. Each city of the first or second class shall, and a city of the third, fourth, or
55 fifth class may, submit a supplementary estimate of all capital projects which each department
56 head believes should be undertaken within the next three succeeding years.
57 (b) Each tentative budget submitted by the budget officer to the governing body shall
58 be accompanied by a budget message, which shall explain the budget, contain an outline of the

59 proposed financial policies of the city for the budget period, and shall describe the important
60 features of the budgetary plan. It shall set forth the reasons for salient changes from the
61 previous fiscal period in appropriation and revenue items and shall explain any major changes
62 in financial policy.
63 (3) Each tentative budget shall be reviewed, considered, and tentatively adopted by the
64 governing body in any regular meeting or special meeting called for the purpose and may be
65 amended or revised in such manner as is considered advisable prior to public hearings, except
66 that no appropriation required for debt retirement and interest or reduction of any existing
67 deficits pursuant to Section 10-6-117 , or otherwise required by law or ordinance, may be
68 reduced below the minimums so required.
69 (4) (a) If the municipality is acting pursuant to Section 10-2-120 , the tentative budget
70 shall:
71 (i) be submitted to the governing body [60 days prior to the intended] -elect as soon as
72 practicable after the filing of the notice under Section 10-2-120 indicating the proposed date for
73 filing [of] the articles of incorporation; and [shall]
74 (ii) cover each fund for which a budget is required from the date of incorporation to the
75 end of the fiscal year.
76 (b) The governing body shall substantially comply with all other provisions of this act,
77 and the budget shall be passed upon incorporation.
78 Section 2. Retrospective operation.
79 This bill has retrospective operation to November 1, 2004.




Legislative Review Note
as of 2-9-05 4:22 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel