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7 LONG TITLE
8 General Description:
9 This bill modifies provisions in the Budgetary Procedures Act.
10 Highlighted Provisions:
11 This bill:
12 . provides that the governor may elect to submit, as opposed to being required to
13 submit, a proposed budget under the Budgetary Procedures Act;
14 . modifies language to add additional clarity to the requirements for proposed
16 . provides that the proposed budget may specify changes in estimates, projections,
17 and proposals;
18 . modifies the statutory structure of the code;
19 . provides that the governor has discretion in submitting a budget proposal rather than
20 having an obligation to do so; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 63J-1-201, as last amended by Laws of Utah 2010, Chapter 415
29 63J-1-411, as renumbered and amended by Laws of Utah 2009, Chapter 183
31 63J-1-201.5, Utah Code Annotated 1953
32 63J-1-201.7, Utah Code Annotated 1953
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 63J-1-201 is amended to read:
36 63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
37 -- Appropriations based on current tax laws and not to exceed estimated revenues.
38 (1) [
39 governor shall deliver, not later than 30 days before the date the Legislature convenes in the
40 annual general session, a confidential draft copy of the governor's proposed budget
41 recommendations to the Office of the Legislative Fiscal Analyst according to the requirements
42 of this section.
43 (2) (a) [
44 three days of the annual general session of the Legislature, submit to the presiding officer of
45 each house of the Legislature:
46 (i) a proposed budget for the ensuing fiscal year;
47 (ii) a schedule for all of the proposed changes to appropriations [
48 budget, with each [
51 estimated revenues that are based on changes in state tax laws or rates.
52 (b) The proposed budget shall include:
53 (i) a projection of the total estimated revenues and [
54 the next fiscal year;
55 (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
56 federal grants or assistance programs included in the budget;
57 (iii) a [
58 estimated revenues for the next fiscal year that is based upon the current fiscal year state tax
59 laws and rates;
60 (iv) an itemized estimate of the proposed changes to appropriations for:
69 under law for [
72 dedicated credits, restricted funds, nonlapsing balances, grants, and federal funds;
73 (v) for each line item, the average annual dollar amount of staff funding associated
74 with all positions that were vacant during the last fiscal year; [
75 (vi) deficits or anticipated deficits[
85 the next fiscal year, which shall also be provided to the State Building Board as required by
86 Subsection 63A-5-103 (2);
88 features of the budget and any suggestion as to methods for the reduction of expenditures or
89 increase of the state's revenue; and
91 (3) [
92 (a) The governor shall require the proper state officials, including all public and higher
93 education officials, all heads of executive and administrative departments and state institutions,
94 bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
95 state money, and all institutions applying for state money and appropriations, to provide
96 itemized estimates of changes in revenues and [
98 (3)(a) to provide other information under these guidelines and at times as the governor may
99 direct, which may include a requirement for program productivity and performance measures,
100 where appropriate, with emphasis on outcome indicators.
102 departments and institutions, and other institutions or individuals applying for state
103 appropriations to attend budget meetings.
105 Services and the Office of the Attorney General, the governor shall consider a separate
106 recommendation in the governor's budget for changes in funds to be contracted to:
111 Substance Abuse and Mental Health and Aging and Adult Services;
113 Departments; and
115 67-5b-102 .
118 consider an amount sufficient to grant the following entities the same percentage increase for
119 wages and benefits that the governor includes in the governor's budget for persons employed by
120 the state:
121 (i) local health departments, local mental health authorities, local substance abuse
122 authorities, and area agencies [
129 (ii) local conservation districts and Utah Association of Conservation District
130 employees [
132 Department of Agriculture; and
140 (iii) employees of corporations that provide direct services under contract with [
143 (A) the Utah State Office of Rehabilitation and the Division of Services for People
144 with Disabilities;
145 (B) the Division of Child and Family Services; and
146 (C) the Division of Juvenile Justice Services within the Department of Human
149 to grant [
150 (5)(a), the governor shall include a message to the Legislature regarding the governor's reason
151 for not including that amount.
153 propose a budget recommendation to the governor for collaborative service delivery systems
154 operated under Section 63M-9-402 , as provided under Subsection 63M-9-201 (4)(e).
156 appropriated for collaborative service delivery systems operated under Section 63M-9-402 .
158 budget for the Utah Communications Agency Network established in Title 63C, Chapter 7,
159 Utah Communications Agency Network Act.
161 governor's budget for funds to maintain the operation and administration of the Utah
162 Comprehensive Health Insurance Pool. [
163 may consider:
165 at least three years;
167 period of at least three years;
170 Revenue Appropriations Subcommittee for each fiscal year;
172 State Tax Commission and the Insurance Department; and
174 and Subsection 59-14-204 (5)(b).
175 (b) In considering the factors in Subsections (8)(a)(i), (ii), and (iii), the governor may
176 consider the actuarial data and projections prepared for the board of the Utah Comprehensive
177 Health Insurance Pool as it develops the governor's financial statements and projections for
178 each fiscal year.
180 Legislative Department, the Judicial Department, and those providing for the payment of
181 principal and interest to the state debt and for the salaries and expenditures specified by the
182 Utah Constitution or under the laws of the state.
186 administrator, shall also be included in the budget without revision, but the governor may make
187 separate recommendations on the estimate.
189 may not exceed the estimated revenues from taxes, fees, and all other sources for the next
190 ensuing fiscal year.
223 invalidity does not affect the budget itself or any other item in it.
224 Section 2. Section 63J-1-201.5 is enacted to read:
225 63J-1-201.5. Financial statement to be submitted annually.
226 The governor shall submit an audited financial statement no later than December 1 of
227 each year that shows:
228 (1) the revenues and expenditures for the last fiscal year;
229 (2) payment and discharge of the principal and interest of the indebtedness of the state;
230 (3) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
231 funds of the state;
232 (4) an estimate of the state's financial condition as of the beginning and the end of the
233 period covered by the budget; and
234 (5) a complete analysis of lease with an option to purchase arrangements entered into
235 by state agencies.
236 Section 3. Section 63J-1-201.7 is enacted to read:
237 63J-1-201.7. Legislative budget considerations -- Wage increases for certain
238 entities -- Comprehensive health insurance pool.
239 (1) In adopting a budget for each fiscal year, the Legislature shall consider an amount
240 sufficient to grant local health departments, local mental health authorities, local substance
241 abuse authorities, area agencies on aging, conservation districts, and Utah Association of
242 Conservation District employees the same percentage increase for wages and benefits that is
243 included in the budget for persons employed by the state.
244 (2) (a) In adopting a budget each year for the Utah Comprehensive Health Insurance
245 Pool, the Legislature shall determine an amount that is sufficient to fund the pool for each
246 fiscal year.
247 (b) When making a determination under this Subsection (2), the Legislature shall
248 consider factors it determines are appropriate, which may include:
249 (i) actuarial analysis of growth or decline in enrollment projected over a period of at
250 least three years;
251 (ii) actuarial analysis of the medical and pharmacy claims costs projected over a period
252 of at least three years;
253 (iii) the annual Medical Care Consumer Price Index;
254 (iv) the annual base budget for the pool established by the Commerce and Revenue
255 Appropriations Subcommittee for each fiscal year;
256 (v) the growth or decline in insurance premium taxes and fees collected by the tax
257 commission and the insurance department from the previous fiscal year; and
258 (vi) the availability of surplus General Fund revenue under Section 63J-1-312 and
259 Subsection 59-14-204 (5)(b).
260 (c) In considering the factors in Subsections (2)(b)(i), (ii), and (iii), the Legislature may
261 consider the actuarial data and projections prepared for the board of the Utah Comprehensive
262 Health Insurance Pool as it develops its financial statements and projections for each fiscal
264 (d) The funds appropriated by the Legislature to fund the Utah Comprehensive Health
265 Insurance Pool as determined under this Subsection (2):
266 (i) shall be deposited into the fund established by Section 31A-29-120 ; and
267 (ii) are restricted and are to be used to maintain the operation, administration, and
268 management of the Utah Comprehensive Health Insurance Pool created by Section
269 31A-29-104 .
270 Section 4. Section 63J-1-411 is amended to read:
271 63J-1-411. Internal service funds -- End of fiscal year -- Unused authority for
272 capital acquisition.
273 (1) An internal service fund agency's authority to acquire capital assets under
274 Subsection 63J-1-410 (8)(a) shall lapse if the acquisition of the capital asset does not occur in
275 the fiscal year in which the authorization is included in the appropriations act, unless the
276 Legislature identifies the authority to acquire the capital asset as nonlapsing authority:
277 (a) for a specific one-time project and a limited period of time in the Legislature's
278 initial appropriation to the agency; or
279 (b) in a supplemental appropriation in accordance with Subsection (2).
280 (2) (a) An internal service fund agency's authority to acquire capital assets may be
281 retained as nonlapsing authorization if the internal service fund agency includes a one-time
282 project's list as part of the budget request that it submits to the governor and the Legislature at
283 the annual general session of the Legislature immediately before the end of the fiscal year in
284 which the agency may have unused capital acquisition authority.
285 (b) The governor:
286 (i) may approve some or all of the items from an agency's one-time project's list; and
287 (ii) shall identify and prioritize any approved one-time projects in the budget that the
288 governor submits to the Legislature.
289 (c) The Legislature:
290 (i) may approve some or all of the specific items from an agency's one-time project's
291 list as an approved capital acquisition for an agency's appropriation balance;
292 (ii) shall identify any authorized one-time projects in the appropriate line item
293 appropriation; and
294 (iii) may prioritize one-time projects in intent language.
295 (3) An internal service fund agency shall submit a status report of outstanding
296 nonlapsing authority to acquire capital assets and associated one-time projects to the
297 Governor's Office of Planning and Budget and the Legislative Fiscal Analyst's Office with the
298 proposed budget [
299 Section 63J-1-201 .
Legislative Review Note
as of 3-8-11 6:41 PM
Office of Legislative Research and General Counsel
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