7 LONG TITLE
8 General Description:
9 This bill modifies the Budgetary Procedures Act by amending provisions relating to the
10 governor's proposed budget.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that the governor's proposed budget to the Legislature shall include a
14 statement of:
15 • the final status of the program objectives, effectiveness measures, and program
16 size indicators included in the appropriations act for the previous fiscal year;
18 • the current status of the program objectives, effectiveness measures, and
19 program size indicators included in the appropriations act for the current fiscal
20 year; 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 2017, Chapter 466
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63J-1-201 is amended to read:
32 63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
33 -- Appropriations based on current tax laws and not to exceed estimated revenues.
34 (1) The governor shall deliver, not later than 30 days before the date the Legislature
35 convenes in the annual general session, a confidential draft copy of the governor's proposed
36 budget recommendations to the Office of the Legislative Fiscal Analyst according to the
37 requirements of this section.
38 (2) (a) When submitting a proposed budget, the governor shall, within the first three
39 days of the annual general session of the Legislature, submit to the presiding officer of each
40 house of the Legislature:
41 (i) a proposed budget for the ensuing fiscal year;
42 (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
43 with each change clearly itemized and classified; and
44 (iii) as applicable, a document showing proposed changes in estimated revenues that
45 are based on changes in state tax laws or rates.
46 (b) The proposed budget shall include:
47 (i) a projection of:
48 (A) estimated revenues by major tax type;
49 (B) 15-year trends for each major tax type;
50 (C) estimated receipts of federal funds;
51 (D) 15-year trends for federal fund receipts; and
52 (E) appropriations for the next fiscal year;
53 (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
54 federal grants or assistance programs included in the budget;
55 (iii) changes to debt service;
56 (iv) a plan of proposed changes to appropriations and estimated revenues for the next
57 fiscal year that is based upon the current fiscal year state tax laws and rates and considers
58 projected changes in federal grants or assistance programs included in the budget;
59 (v) an itemized estimate of the proposed changes to appropriations for:
60 (A) the Legislative Department as certified to the governor by the president of the
61 Senate and the speaker of the House;
62 (B) the Executive Department;
63 (C) the Judicial Department as certified to the governor by the state court
65 (D) changes to salaries payable by the state under the Utah Constitution or under law
66 for lease agreements planned for the next fiscal year; and
67 (E) all other changes to ongoing or one-time appropriations, including dedicated
68 credits, restricted funds, nonlapsing balances, grants, and federal funds;
69 (vi) for each line item, the average annual dollar amount of staff funding associated
70 with all positions that were vacant during the last fiscal year;
71 (vii) deficits or anticipated deficits;
72 (viii) the recommendations for each state agency for new full-time employees for the
73 next fiscal year, which shall also be provided to the State Building Board as required by
74 Subsection 63A-5-103(3);
75 (ix) a written description and itemized report submitted by a state agency to the
76 Governor's Office of Management and Budget under Section 63J-1-220, including:
77 (A) a written description and an itemized report provided at least annually detailing the
78 expenditure of the state money, or the intended expenditure of any state money that has not
79 been spent; and
80 (B) a final written itemized report when all the state money is spent;
81 (x) any explanation that the governor may desire to make as to the important features
82 of the budget and any suggestion as to methods for the reduction of expenditures or increase of
83 the state's revenue; and
84 (xi) information detailing certain fee increases as required by Section 63J-1-504.
85 (3) For the purpose of preparing and reporting the proposed budget:
86 (a) The governor shall require the proper state officials, including all public and higher
87 education officials, all heads of executive and administrative departments and state institutions,
88 bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
89 state money, and all institutions applying for state money and appropriations, to provide
90 itemized estimates of changes in revenues and appropriations.
91 (b) The governor may require the persons and entities subject to Subsection (3)(a) to
92 provide other information under these guidelines and at times as the governor may direct,
93 which may include a requirement for program productivity and performance measures, where
94 appropriate, with emphasis on outcome indicators.
95 (c) The governor may require representatives of public and higher education, state
96 departments and institutions, and other institutions or individuals applying for state
97 appropriations to attend budget meetings.
98 (4) (a) The Governor's Office of Management and Budget shall provide to the Office of
99 Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the date the
100 Legislature convenes in the annual general session, data, analysis, or requests used in preparing
101 the governor's budget recommendations, notwithstanding the restrictions imposed on such
102 recommendations by available revenue.
103 (b) The information under Subsection (4)(a) shall include:
104 (i) actual revenues and expenditures for the fiscal year ending the previous June 30;
105 (ii) estimated or authorized revenues and expenditures for the current fiscal year;
106 (iii) requested revenues and expenditures for the next fiscal year;
107 (iv) detailed explanations of any differences between the amounts appropriated by the
108 Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
110 (v) a statement of:
111 (A) agency and program objectives, effectiveness measures, and program size
112 indicators; [
113 (B) the final status of the program objectives, effectiveness measures, and program size
114 indicators included in the appropriations act for the fiscal year ending the previous June 30; and
115 (C) the current status of the program objectives, effectiveness measures, and program
116 size indicators included in the appropriations act for the current fiscal year; and
117 (vi) other budgetary information required by the Legislature in statute.
118 (c) The budget information under Subsection (4)(a) shall cover:
119 (i) all items of appropriation, funds, and accounts included in appropriations acts for
120 the current and previous fiscal years; and
121 (ii) any new appropriation, fund, or account items requested for the next fiscal year.
122 (d) The information provided under Subsection (4)(a) may be provided as a shared
123 record under Section 63G-2-206 as considered necessary by the Governor's Office of
124 Management and Budget.
125 (5) (a) In submitting the budget for the Department of Public Safety, the governor shall
126 include a separate recommendation in the governor's budget for maintaining a sufficient
127 number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
128 or below the number specified in Subsection 32B-1-201(2).
129 (b) If the governor does not include in the governor's budget an amount sufficient to
130 maintain the number of alcohol-related law enforcement officers described in Subsection
131 (5)(a), the governor shall include a message to the Legislature regarding the governor's reason
132 for not including that amount.
133 (6) (a) The governor may revise all estimates, except those relating to the Legislative
134 Department, the Judicial Department, and those providing for the payment of principal and
135 interest to the state debt and for the salaries and expenditures specified by the Utah
136 Constitution or under the laws of the state.
137 (b) The estimate for the Judicial Department, as certified by the state court
138 administrator, shall also be included in the budget without revision, but the governor may make
139 separate recommendations on the estimate.
140 (7) The total appropriations requested for expenditures authorized by the budget may
141 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
142 fiscal year.
143 (8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
144 does not affect the budget itself or any other item in it.