H.B. 352

1

STATE BUDGET PROVISIONS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Margaret Dayton
5 Senate Sponsor: Darin G. Peterson
6 Cosponsors:
7 Douglas C. Aagard
8 J. Stuart Adams
9 Jeff Alexander
10 Roger E. Barrus
11 Ron Bigelow
12 DeMar Bud Bowman
13 Craig W. Buttars
14 D. Gregg Buxton
15 LaVar Christensen
16 David Clark
17 Stephen D. Clark
18 David N. Cox
19 Greg J. Curtis
20 Bradley M. Daw
21 Brad L. Dee
22 Glenn A. Donnelson
23 John DougallJames A. Dunnigan
James A. Ferrin
Ben C. Ferry
Lorie D. Fowlke
Craig A. Frank
Kerry W. Gibson
James R. Gowans
Ann W. Hardy
Wayne A. Harper
Neal B. Hendrickson
Gregory H. Hughes
Fred R. Hunsaker
Bradley T. Johnson
Brad King
Todd E. Kiser
Bradley G. Last
Rebecca D. LockhartRonda Rudd Menlove
Michael T. Morley
Joseph G. Murray
Merlynn T. Newbold
Michael E. Noel
Curtis Oda
Patrick Painter
Paul Ray
Gordon E. Snow
Aaron Tilton
David Ure
Stephen H. Urquhart
Mark W. Walker
Peggy Wallace
Richard W. Wheeler
Larry B. Wiley
Scott L Wyatt 24
25 LONG TITLE
26 General Description:
27 This bill defines what happens if the Legislature fails to pass, or the governor vetoes,
28 one or more appropriation acts to fund state government and to fund other units of
29 government for the next fiscal year.
30 Highlighted Provisions:
31 This bill:
32 . reappropriates the comparable ongoing appropriation for the current fiscal year

33 when the Legislature fails to pass, or the governor vetoes, a bill or act containing an
34 appropriation for the next fiscal year.
35 Monies Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 This bill provides an immediate effective date.
39 Utah Code Sections Affected:
40 ENACTS:
41 63-38-3.7, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 63-38-3.7 is enacted to read:
45 63-38-3.7. Comprehensive appropriations acts not enacted -- Effect.
46 (1) As used in this section:
47 (a) "Comprehensive appropriation acts" means one or more appropriation bills or acts
48 that, taken together, provide all the funding for state government in a fiscal year.
49 (b) "Current fiscal year" means:
50 (i) the fiscal year for which the Legislature has passed one or more comprehensive
51 appropriation acts that appropriate monies to state agencies and other government entities; and
52 (ii) the fiscal year in which those monies are being spent.
53 (c) "Next fiscal year" means the fiscal year beginning the July 1 after the current fiscal
54 year.
55 (d) "Suspended appropriation item" means each appropriation item providing funding
56 for the next fiscal year that does not take effect because the Legislature fails to pass the bill or
57 act in which it is contained or because the governor vetoes the bill or act in which it is
58 contained.
59 (2) For each suspended appropriation item, the comparable appropriation for the
60 current fiscal year that is not designated as one-time is duplicated and becomes the
61 appropriation for the next fiscal year.
62 (3) Subsection (2) does not apply if, as a result of applying this section, the state's
63 appropriations from the General Fund and Uniform School Fund would exceed the total

64 estimated revenue available for those funds during the next fiscal year.
65 Section 2. Effective date.
66 If approved by two-thirds of all the members elected to each house, this bill takes effect
67 upon approval by the governor, or the day following the constitutional time limit of Utah
68 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
69 the date of veto override.




Legislative Review Note
as of 1-30-06 9:57 AM

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