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JOINT RULES RESOLUTION - REQUEST FOR

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APPROPRIATION

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2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Jefferson Moss

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Senate Sponsor: Don L. Ipson

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8     LONG TITLE
9     General Description:
10          This rules resolution modifies joint rules related to a request for appropriation.
11     Highlighted Provisions:
12          This resolution:
13          ▸     prohibits a legislator from filing a request for appropriation that is intended to fund
14     the fiscal impact of a bill;
15          ▸     addresses the date beginning on which a legislator may file a request for
16     appropriation;
17          ▸     modifies the information a legislator is required to provide when filing a request for
18     appropriation;
19          ▸     repeals from legislative rule the process by which the legislative fiscal analyst
20     determines whether legislation creates a new agency or new program; and
21          ▸     repeals from legislative rule the process by which the legislative auditor general:
22               •     reviews a new agency or new program; and
23               •     reports the performance of the new agency or new program to the Executive
24     Appropriations Committee; and
25          ▸     makes technical and conforming changes.
26     Special Clauses:
27          This resolution provides a special effective date.
28     Legislative Rules Affected:
29     AMENDS:
30          JR3-2-701
31          JR3-2-702
32     REPEALS:
33          JR4-2-404
34          JR4-2-405
35     

36     Be it resolved by the Legislature of the state of Utah:
37          Section 1. JR3-2-701 is amended to read:
38          JR3-2-701. Request for appropriation -- Contents -- Timing.
39          (1) (a) A legislator wishing to obtain funding for a project[,] or program[, or entity]
40     that has not previously been funded, or to obtain additional or separate funding for a project[,]
41     or program, [or entity,] shall file a request for appropriation with the Office of the Legislative
42     Fiscal Analyst in accordance with this rule.
43          (b) A legislator may not file a request for appropriation if the request is intended to
44     fund the fiscal impact of a bill.
45          (2) (a) A legislator may file a request for appropriation beginning 60 days after the day
46     on which the Legislature adjourns its annual general session sine die.
47          (b) A legislator-elect may file a request for appropriation beginning on:
48          (i) the day after the day on which the election canvass is complete; or
49          (ii) if the legislator-elect's election results have not been finalized as of the canvass
50     date, the day after the day on which the election results for the legislator-elect's race are final.
51          (c) An incumbent legislator may not file a request for appropriation as of the date that
52     the legislator:
53          (i) fails to file to run for reelection;
54          (ii) resigns or is removed from office; or
55          (iii) is ineligible to be included on the ballot for the election in which the legislator
56     would have sought an additional term.
57          [(2)] (3) (a) Except as provided in Subsection [(2)] (3)(b), a legislator may not file a
58     request for appropriation with the Office of the Legislative Fiscal Analyst after noon on the
59     11th day of the annual general session.
60          (b) After the date established by this Subsection [(2)] (3), a legislator may file a request
61     for appropriation if:
62          (i) for a request by a House member, the representative makes a motion to file a request
63     for appropriation and that motion is approved by a constitutional majority of the House; or
64          (ii) for a request by a senator, the senator makes a motion to file a request for
65     appropriation and that motion is approved by a constitutional majority vote of the Senate.
66          [(3) The request shall designate:]
67          [(a) the project, program, or entity to be funded;]
68          [(b) the source for the funding;]
69          [(c) the chief sponsor, who is knowledgeable about and responsible for providing
70     pertinent information as the appropriation is processed;]
71          [(d) supporting legislators, if any, who wish to cosponsor the appropriation; and]
72          [(e) the joint appropriations subcommittee to which the sponsor wishes the request to
73     be assigned, if any.]
74          (4) A legislator who files a request for appropriation:
75          (a) is the chief sponsor; and
76          (b) shall provide the following information related to the project or program that is the
77     subject of the request for appropriation:
78          (i) the name and a description of the project or program;
79          (ii) the statewide purpose of the project or program;
80          (iii) if applicable, the legislator's designee who is knowledgeable about and responsible
81     for providing pertinent information while the Office of the Legislative Fiscal Analyst processes
82     the request;
83          (iv) the state funding source from which the legislator proposes to fund the project or
84     program;
85          (v) the amount of the request and whether the amount is to be appropriated one-time,
86     ongoing, or a combination of one-time and ongoing;
87          (vi) an itemized budget for the project or program;
88          (vii) the state agency that has jurisdiction over the project or program;
89          (viii) if the request is for pass through funding that a state agency will distribute, the
90     type of entity or organization the legislator intends to receive the funding;
91          (ix) the scalability of the project or program; and
92          (x) one or more outcomes the legislator expects the project or program to achieve.
93          Section 2. JR3-2-702 is amended to read:
94          JR3-2-702. Review and action on requests for appropriation.
95          (1) (a) The legislative fiscal analyst shall review each request for appropriation.
96          (b) If the request requires that a statute be enacted, amended, or repealed, the
97     legislative fiscal analyst shall immediately transfer the request to the Office of Legislative
98     Research and General Counsel as a request for legislation.
99          (c) If the request contains each item described in JR3-2-701(4) and does not require
100     that a statute be enacted, amended, or repealed, the legislative fiscal analyst shall number [and],
101     title [the request], and refer the request to:
102          (i) the House chair of the Executive Appropriations Committee, if the sponsor is a
103     House member; or
104          (ii) the Senate chair of the Executive Appropriations Committee, if the sponsor is a
105     Senate member.
106          (2) The House or Senate chair of the Executive Appropriations Committee shall refer
107     the request to the [appropriate] joint appropriations [subcommittees] subcommittee with
108     oversight responsibility or to the Executive Appropriations Committee.
109          (3) Each joint appropriations subcommittee that receives a request for appropriation
110     shall:
111          (a) allow the sponsor to present and discuss the request with the subcommittee;
112          (b) discuss the request; and
113          (c) do one of the following:
114          (i) include all or part of the requested appropriation in the budget recommendation
115     made by the subcommittee or the Executive Appropriations Committee;
116          (ii) reject the request; or
117          (iii) recommend that all or part of the requested appropriation be placed on a funding
118     prioritization list.
119          Section 3. Repealer.
120          This resolution repeals:
121          JR4-2-404, Performance review notes -- Review of performance measures.
122          JR4-2-405, Review of programs -- Failure to meet performance measures --
123     Revocation of program or appropriation.
124          Section 4. Effective date.
125          This resolution takes effect on March 6, 2021.