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6 Cosponsor:
Travis M. Seegmiller
7
8 LONG TITLE
9 General Description:
10 This bill requires certain government entities to disclose certain information relating to
11 the government entities' budget.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ requires certain state and local government entities to disclose certain information
16 relating to the government entities' budget; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 10-5-107, as last amended by Laws of Utah 2017, Chapters 71 and 193
25 10-6-111, as last amended by Laws of Utah 2016, Chapter 353
26 17-36-10, as last amended by Laws of Utah 2012, Chapter 17
27 63J-1-201, as last amended by Laws of Utah 2021, Chapters 382 and 421
28 78A-2-104, as last amended by Laws of Utah 2021, Chapter 262
29 78A-2-107, as last amended by Laws of Utah 2018, Chapters 25 and 200
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 10-5-107 is amended to read:
33 10-5-107. Tentative budgets required for public inspection -- Contents --
34 Adoption of tentative budget.
35 (1) (a) On or before the first regularly scheduled town council meeting of May, the
36 mayor shall:
37 (i) in accordance with Subsection (1)(b), prepare for the ensuing year a tentative budget
38 for each fund for which a budget is required;
39 (ii) make the tentative budget available for public inspection; and
40 (iii) submit the tentative budget to the town council.
41 (b) The tentative budget for each fund shall [
42 (i) actual revenues and expenditures in the last completed fiscal year;
43 (ii) estimated total revenues and expenditures for the current fiscal year; and
44 (iii) the mayor's estimates of revenues and expenditures for the budget year.
45 (c) The mayor shall include in the tentative budget the following information for each
46 fund for which a budget is required:
47 (i) the total budget amount for the current fiscal year, ending June 30;
48 (ii) the total tentative budget amount for the upcoming fiscal year, beginning July 1;
49 and
50 (iii) the percentage difference between the amount described in Subsection (1)(c)(i) and
51 the amount described in Subsection (1)(c)(ii).
52 (d) The mayor shall include in the tentative budget the percentage difference between:
53 (i) the most recent population estimate for the town published by the United States
54 Census Bureau; and
55 (ii) the population estimate for the town, published by the United States Census
56 Bureau, applicable at the time that the final budget was adopted for the fiscal year immediately
57 preceding the fiscal year to which the tentative budget relates.
58 (2) (a) The mayor shall:
59 (i) estimate the amount of revenue available to serve the needs of each fund;
60 (ii) estimate the portion to be derived from all sources other than general property
61 taxes; and
62 (iii) estimate the portion that shall be derived from general property taxes.
63 (b) From the estimates required by Subsection (2)(a), the mayor shall compute and
64 disclose in the budget the lowest rate of property tax levy that will raise the required amount of
65 revenue, calculating the levy on the latest taxable value.
66 (3) (a) Before the public hearing required under Section 10-5-108, the town council:
67 (i) shall review, consider, and tentatively adopt the tentative budget in any regular
68 meeting or special meeting called for that purpose; and
69 (ii) may amend or revise the tentative budget.
70 (b) At the meeting at which the town council adopts the tentative budget, the council
71 shall establish the time and place of the public hearing required under Section 10-5-108.
72 Section 2. Section 10-6-111 is amended to read:
73 10-6-111. Tentative budget to be prepared -- Contents -- Estimate of expenditures
74 -- Budget message -- Review by governing body.
75 (1) [
76 the last May of the current period, the budget officer shall, in accordance with Subsection
77 [
78 budget for each fund for which a budget is required.
79 [
80 [
81 [
82 [
83 period, computed as provided in Subsection [
84 [
85 established by Section 10-6-154 and available in work units, unit costs, man hours, or man
86 years for each budgeted fund on an actual basis for the last completed fiscal period, and
87 estimated for the current fiscal period and for the ensuing budget period.
88 [
89 [
90 [
91 after:
92 [
93 [
94 [
95 [
96 property taxes; and
97 [
98 [
99 [
100 the budget to the governing body.
101 [
102 budget officer shall compute and disclose in the budget the lowest rate of property tax levy that
103 will raise the required amount of revenue, calculating the levy upon the latest taxable value.
104 (4) The budget officer shall include in the tentative budget the following information
105 for each fund for which a budget is required:
106 (a) the total budget amount for the current fiscal period ending June 30;
107 (b) the total tentative budget amount for the upcoming fiscal period, beginning July 1;
108 and
109 (c) the percentage difference between the amount described in Subsection (4)(a) and
110 the amount described in Subsection (4)(b).
111 (5) The budget officer shall include in the tentative budget the percentage difference
112 between:
113 (a) the most recent population estimate for the city published by the United States
114 Census Bureau; and
115 (b) the population estimate for the city, published by the United States Census Bureau,
116 applicable at the time that the final budget was adopted for the fiscal period immediately
117 preceding the fiscal period to which the tentative budget relates.
118 [
119 governing body, shall contain the estimates of expenditures submitted by department heads,
120 together with specific work programs and such other supporting data as this chapter requires or
121 the governing body may request.
122 (ii) Each city of the first or second class shall, and a city of the third, fourth, or fifth
123 class may, submit a supplementary estimate of all capital projects which each department head
124 believes should be undertaken within the next three succeeding years.
125 (b) Each tentative budget submitted by the budget officer to the governing body shall
126 be accompanied by a budget message that:
127 (i) explains the budget;
128 (ii) contains an outline of the proposed financial policies of the city for the budget
129 period;
130 (iii) describes the important features of the budgetary plan;
131 (iv) provides the reasons for salient changes from the previous fiscal period in
132 appropriation and revenue items; and
133 (v) explains any major changes in financial policy.
134 [
135 public hearing or special public hearing:
136 (i) shall review, consider, and tentatively adopt each tentative budget; and
137 (ii) may, before the public hearing described in Section 10-6-114, amend or revise each
138 tentative budget.
139 (b) A governing body may not reduce an appropriation required for debt retirement and
140 interest or reduction of any existing deficits in accordance with Section 10-6-117, or otherwise
141 required by law or ordinance, below the required minimums.
142 [
143 tentative budget shall:
144 (i) be submitted to the governing body-elect as soon as practicable; and
145 (ii) cover each fund for which a budget is required from the date of incorporation to the
146 end of the fiscal year.
147 (b) The governing body shall substantially comply with all other provisions of this
148 chapter, and the budget shall be passed upon incorporation.
149 Section 3. Section 17-36-10 is amended to read:
150 17-36-10. Preparation of tentative budget.
151 (1) On or before the first day of the next to last month of every fiscal period, the budget
152 officer shall prepare for the next budget period and file with the governing body a tentative
153 budget for each fund for which a budget is required.
154 (2) (a) A department for which county funds are appropriated shall file with the budget
155 officer not less than three months before the commencement of each fiscal year on forms
156 furnished by the budget officer a detailed estimate and statement of the revenue and necessary
157 expenditures of the department for the next budget year.
158 (b) The estimate and statement described in Subsection (2)(a) shall [
159 (i) the number of persons to be regularly employed;
160 (ii) the kinds of service the department will perform;
161 (iii) the salaries and wages the department expects to pay;
162 (iv) the kind of work the department will perform and the improvements the
163 department expects to make; and
164 (v) the estimated cost of the service, work, and improvements.
165 (c) The statement shall also record performance data expressed in work units, unit
166 costs, man hours, and man years sufficient in detail, content, and scope to permit the budget
167 officer to prepare and process the county budget.
168 (3) In the preparation of the budget, the budget officer and all other county officers are
169 subject to Sections 17-36-1 through 17-36-44 and to the uniform system of budgeting,
170 accounting, and reporting established therein.
171 (4) In the tentative budget, the budget officer shall [
172 (a) actual revenues and expenditures in the last completed fiscal period;
173 (b) estimated total revenues and expenditures for the current fiscal period;
174 (c) the estimated available revenues and expenditures for the ensuing budget period
175 computed by determining:
176 (i) the estimated expenditure for each fund after review of each departmental budget
177 request;
178 (ii) (A) the total revenue requirements of the fund;
179 (B) the part of the total revenue that will be derived from revenue sources other than
180 property tax; and
181 (C) the part of the total revenue that shall be derived from property taxes; and
182 (d) if required by the governing body, actual performance experience to the extent
183 available in work units, unit costs, man hours, and man years for each budgeted fund that
184 includes an appropriation for salaries or wages for the last completed fiscal period and the first
185 eight months of the current fiscal period if the county is on an annual fiscal period, or the first
186 20 months of the current fiscal period if the county is on a biennial fiscal period, together with
187 the total estimated performance data of like character for the current fiscal period and for the
188 ensuing budget period.
189 (5) The budget officer may recommend modification of any departmental budget
190 request under Subsection (4)(c)(i) before it is filed with the governing body, if each department
191 head has been given an opportunity to be heard concerning the modification.
192 (6) (a) A tentative budget shall contain the estimates of expenditures submitted by any
193 department together with specific work programs and other supportive data as the governing
194 body requests.
195 (b) The budget officer shall include with the tentative budget by a supplementary
196 estimate of all capital projects or planned capital projects within the budget period and within
197 the next three succeeding years.
198 (7) The budget officer shall include in the tentative budget the following information
199 for each fund for which a budget is required:
200 (a) the total budget amount for the current fiscal period ending December 31;
201 (b) the total tentative budget amount for the upcoming fiscal period, beginning January
202 1; and
203 (c) the percentage difference between the amount described in Subsection (7)(a) and
204 the amount described in Subsection (7)(b).
205 (8) The budget officer shall include in the tentative budget the percentage difference
206 between:
207 (a) the most recent population estimate for the county published by the United States
208 Census Bureau; and
209 (b) the population estimate for the county, published by the United States Census
210 Bureau, applicable at the time that the final budget was adopted for the fiscal period
211 immediately preceding the fiscal period to which the tentative budget relates.
212 [
213 population in excess of 25,000 determined in accordance with Section 17-36-4 shall include
214 with the tentative budget a budget message in explanation of the budget.
215 (b) The budget message shall contain an outline of the proposed financial policies of
216 the county for the budget period and describe the important features of the budgetary plan. It
217 shall also state the reasons for changes from the previous fiscal period in appropriation and
218 revenue items and explain any major changes in financial policy.
219 (c) A budget message for counties with a population of less than 25,000 is
220 recommended but not incumbent upon the budget officer.
221 [
222 in a regular or special meeting called for that purpose.
223 (b) (i) Subject to Subsection [
224 or revise the tentative budget prior to public hearings on the tentative budget.
225 (ii) A governing body may not:
226 (A) reduce below the required minimum an appropriation required for debt retirement
227 and interest; or
228 (B) reduce, in accordance with Section 17-36-17, an existing deficit.
229 Section 4. Section 63J-1-201 is amended to read:
230 63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
231 -- Appropriations based on current tax laws and not to exceed estimated revenues.
232 (1) The governor shall deliver, not later than 30 days before the date the Legislature
233 convenes in the annual general session, a confidential draft copy of the governor's proposed
234 budget recommendations to the Office of the Legislative Fiscal Analyst according to the
235 requirements of this section.
236 (2) (a) When submitting a proposed budget, the governor shall, within the first three
237 days of the annual general session of the Legislature, submit to the presiding officer of each
238 house of the Legislature:
239 (i) a proposed budget for the ensuing fiscal year;
240 (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
241 with each change clearly itemized and classified; and
242 (iii) as applicable, a document showing proposed changes in estimated revenues that
243 are based on changes in state tax laws or rates.
244 (b) The proposed budget shall include:
245 (i) a projection of:
246 (A) estimated revenues by major tax type;
247 (B) 15-year trends for each major tax type;
248 (C) estimated receipts of federal funds;
249 (D) 15-year trends for federal fund receipts; and
250 (E) appropriations for the next fiscal year;
251 (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
252 federal grants or assistance programs included in the budget;
253 (iii) changes to debt service;
254 (iv) a plan of proposed changes to appropriations and estimated revenues for the next
255 fiscal year that is based upon the current fiscal year state tax laws and rates and considers
256 projected changes in federal grants or assistance programs included in the budget;
257 (v) an itemized estimate of the proposed changes to appropriations for:
258 (A) the legislative department as certified to the governor by the president of the
259 Senate and the speaker of the House;
260 (B) the executive department;
261 (C) the judicial department as certified to the governor by the state court administrator;
262 (D) changes to salaries payable by the state under the Utah Constitution or under law
263 for lease agreements planned for the next fiscal year; and
264 (E) all other changes to ongoing or one-time appropriations, including dedicated
265 credits, restricted funds, nonlapsing balances, grants, and federal funds;
266 (vi) for each line item, the average annual dollar amount of staff funding associated
267 with all positions that were vacant during the last fiscal year;
268 (vii) deficits or anticipated deficits;
269 (viii) the recommendations for each state agency for new full-time employees for the
270 next fiscal year, which shall also be provided to the director of the Division of Facilities
271 Construction and Management as required by Subsection 63A-5b-501(3);
272 (ix) a written description and itemized report submitted by a state agency to the
273 Governor's Office of Planning and Budget under Section 63J-1-220, including:
274 (A) a written description and an itemized report provided at least annually detailing the
275 expenditure of the state money, or the intended expenditure of any state money that has not
276 been spent; and
277 (B) a final written itemized report when all the state money is spent;
278 (x) any explanation that the governor may desire to make as to the important features
279 of the budget and any suggestion as to methods for the reduction of expenditures or increase of
280 the state's revenue; [
281 (xi) information detailing certain fee increases as required by Section 63J-1-504[
282 (xii) for each agency:
283 (A) the total budget amount for the current fiscal year ending June 30;
284 (B) the total proposed budget amount for the upcoming fiscal year, beginning July 1;
285 and
286 (C) the percentage difference between the amount described in Subsection
287 (2)(b)(xii)(A) and the amount described in Subsection (2)(b)(xii)(B).
288 (c) The governor shall include in the proposed budget the percentage difference
289 between:
290 (i) the most recent population estimate for the state published by the Utah Population
291 Committee; and
292 (ii) the population estimate for the state, published by the Utah Population Committee,
293 applicable at the time that the final budget was adopted for the fiscal year immediately
294 preceding the fiscal year to which the proposed budget relates.
295 (3) (a) Except as provided in Subsection (3)(b), for the purpose of preparing and
296 reporting the proposed budget, the governor:
297 (i) shall require the proper state officials, including all public and higher education
298 officials, all heads of executive and administrative departments and state institutions, bureaus,
299 boards, commissions, and agencies expending or supervising the expenditure of the state
300 money, and all institutions applying for state money and appropriations, to provide itemized
301 estimates of changes in revenues and appropriations;
302 (ii) may require the persons and entities subject to Subsection (3)(a)(i) to provide other
303 information under these guidelines and at times as the governor may direct, which may include
304 a requirement for program productivity and performance measures, where appropriate, with
305 emphasis on outcome indicators; and
306 (iii) may require representatives of public and higher education, state departments and
307 institutions, and other institutions or individuals applying for state appropriations to attend
308 budget meetings.
309 (b) Subsections (3)(a)(ii) and (iii) do not apply to the judicial department or the
310 legislative department.
311 (4) (a) The Governor's Office of Planning and Budget shall provide to the Office of the
312 Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the day on
313 which the Legislature convenes in the annual general session, data, analysis, or requests used in
314 preparing the governor's budget recommendations, notwithstanding the restrictions imposed on
315 such recommendations by available revenue.
316 (b) The information under Subsection (4)(a) shall include:
317 (i) actual revenues and expenditures for the fiscal year ending the previous June 30;
318 (ii) estimated or authorized revenues and expenditures for the current fiscal year;
319 (iii) requested revenues and expenditures for the next fiscal year;
320 (iv) detailed explanations of any differences between the amounts appropriated by the
321 Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
322 (iii); and
323 (v) other budgetary information required by the Legislature in statute.
324 (c) The budget information under Subsection (4)(a) shall cover:
325 (i) all items of appropriation, funds, and accounts included in appropriations acts for
326 the current and previous fiscal years; and
327 (ii) any new appropriation, fund, or account items requested for the next fiscal year.
328 (d) The information provided under Subsection (4)(a) may be provided as a shared
329 record under Section 63G-2-206 as considered necessary by the Governor's Office of Planning
330 and Budget.
331 (5) (a) In submitting the budget for the Department of Public Safety, the governor shall
332 include a separate recommendation in the governor's budget for maintaining a sufficient
333 number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
334 or below the number specified in Subsection 32B-1-201(2).
335 (b) If the governor does not include in the governor's budget an amount sufficient to
336 maintain the number of alcohol-related law enforcement officers described in Subsection
337 (5)(a), the governor shall include a message to the Legislature regarding the governor's reason
338 for not including that amount.
339 (6) (a) The governor may revise all estimates, except those relating to the legislative
340 department, the judicial department, and those providing for the payment of principal and
341 interest to the state debt and for the salaries and expenditures specified by the Utah
342 Constitution or under the laws of the state.
343 (b) The estimate for the judicial department, as certified by the state court
344 administrator, shall also be included in the budget without revision, but the governor may make
345 separate recommendations on the estimate.
346 (7) The total appropriations requested for expenditures authorized by the budget may
347 not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
348 fiscal year.
349 (8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
350 does not affect the budget itself or any other item in the budget.
351 Section 5. Section 78A-2-104 is amended to read:
352 78A-2-104. Judicial Council -- Creation -- Members -- Terms and election --
353 Responsibilities -- Reports -- Guardian Ad Litem Oversight Committee.
354 (1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution,
355 shall be composed of:
356 (a) the chief justice of the Supreme Court;
357 (b) one member elected by the justices of the Supreme Court;
358 (c) one member elected by the judges of the Court of Appeals;
359 (d) six members elected by the judges of the district courts;
360 (e) three members elected by the judges of the juvenile courts;
361 (f) three members elected by the justice court judges; and
362 (g) a member or ex officio member of the Board of Commissioners of the Utah State
363 Bar who is an active member of the Bar in good standing at the time of election by the Board of
364 Commissioners.
365 (2) The Judicial Council shall have a seal.
366 (3) (a) The chief justice of the Supreme Court shall act as presiding officer of the
367 council and chief administrative officer for the courts. The chief justice shall vote only in the
368 case of a tie.
369 (b) All members of the council shall serve for three-year terms.
370 (i) If a council member should die, resign, retire, or otherwise fail to complete a term
371 of office, the appropriate constituent group shall elect a member to complete the term of office.
372 (ii) In courts having more than one member, the members shall be elected to staggered
373 terms.
374 (iii) The person elected by the Board of Commissioners may complete a three-year
375 term of office on the Judicial Council even though the person ceases to be a member or ex
376 officio member of the Board of Commissioners. The person shall be an active member of the
377 Bar in good standing for the entire term of the Judicial Council.
378 (c) Elections shall be held under rules made by the Judicial Council.
379 (4) The council is responsible for the development of uniform administrative policy for
380 the courts throughout the state. The presiding officer of the Judicial Council is responsible for
381 the implementation of the policies developed by the council and for the general management of
382 the courts, with the aid of the state court administrator. The council has authority and
383 responsibility to:
384 (a) establish and assure compliance with policies for the operation of the courts,
385 including uniform rules and forms; and
386 (b) publish and submit to the governor, the chief justice of the Supreme Court, and the
387 Legislature an annual report of the operations of the courts, which shall include financial and
388 statistical data and may include suggestions and recommendations for legislation.
389 (5) The council shall establish standards for the operation of the courts of the state
390 including, but not limited to, facilities, court security, support services, and staff levels for
391 judicial and support personnel.
392 (6) The council shall by rule establish the time and manner for destroying court
393 records, including computer records, and shall establish retention periods for these records.
394 (7) (a) Consistent with the requirements of judicial office and security policies, the
395 council shall establish procedures to govern the assignment of state vehicles to public officers
396 of the judicial branch.
397 (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and
398 may be assigned for unlimited use, within the state only.
399 (8) (a) The council shall advise judicial officers and employees concerning ethical
400 issues and shall establish procedures for issuing informal and formal advisory opinions on
401 these issues.
402 (b) Compliance with an informal opinion is evidence of good faith compliance with the
403 Code of Judicial Conduct.
404 (c) A formal opinion constitutes a binding interpretation of the Code of Judicial
405 Conduct.
406 (9) (a) The council shall establish written procedures authorizing the presiding officer
407 of the council to appoint judges of courts of record by special or general assignment to serve
408 temporarily in another level of court in a specific court or generally within that level. The
409 appointment shall be for a specific period and shall be reported to the council.
410 (b) These procedures shall be developed in accordance with Subsection
411 [
412 (10) The Judicial Council may by rule designate municipalities in addition to those
413 designated by statute as a location of a trial court of record. There shall be at least one court
414 clerk's office open during regular court hours in each county. Any trial court of record may hold
415 court in any municipality designated as a location of a court of record.
416 (11) The Judicial Council shall by rule determine whether the administration of a court
417 shall be the obligation of the Administrative Office of the Courts or whether the Administrative
418 Office of the Courts should contract with local government for court support services.
419 (12) The Judicial Council may by rule direct that a district court location be
420 administered from another court location within the county.
421 (13) (a) The Judicial Council shall:
422 (i) establish the Office of Guardian Ad Litem, in accordance with Title 78A, Chapter 2,
423 Part 8, Guardian Ad Litem; and
424 (ii) establish and supervise a Guardian Ad Litem Oversight Committee.
425 (b) The Guardian Ad Litem Oversight Committee described in Subsection (13)(a)(ii)
426 shall oversee the Office of Guardian Ad Litem, established under Subsection (13)(a)(i), and
427 assure that the Office of Guardian Ad Litem complies with state and federal law, regulation,
428 policy, and court rules.
429 (14) The Judicial Council shall establish and maintain, in cooperation with the Office
430 of Recovery Services within the Department of Human Services, the part of the state case
431 registry that contains records of each support order established or modified in the state on or
432 after October 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec.
433 654a.
434 Section 6. Section 78A-2-107 is amended to read:
435 78A-2-107. Court administrator -- Powers, duties, and responsibilities.
436 (1) Under the general supervision of the presiding officer of the Judicial Council, and
437 within the policies established by the council, the state court administrator shall:
438 [
439 [
440 [
441 [
442 in-service training programs;
443 [
444 procurement activities for the operation of the courts of record, and assist justices' courts in
445 their budgetary, fiscal, and accounting procedures;
446 [
447 recommendations and reports relating to them;
448 [
449 the management of court calendars;
450 [
451 having an interest in the administration of the courts;
452 [
453 nonjudicial officers of the courts;
454 [
455 the consent of the presiding officer of the Judicial Council, call and appoint justices or judges
456 of courts of record to serve temporarily as Court of Appeals, district court, or juvenile court
457 judges and set reasonable compensation for their services;
458 [
459 case if no party to the litigation files timely objections to this change;
460 [
461 support staff, including training for justice court judges; [
462 [
463 [
464 Requirements;
465 [
466 annual judicial conference; and
467 [
468 (2) The court administrator shall include, in a proposed budget, the following
469 information for each line item:
470 (a) the total budget amount for the current fiscal year ending June 30;
471 (b) the total proposed budget amount for the upcoming fiscal year, beginning July 1;
472 and
473 (c) the percentage difference between the amount described in Subsection (2)(a) and
474 the amount described in Subsection (2)(b).
475 (3) The court administrator shall include in the proposed budget the percentage
476 difference between:
477 (a) the most recent population estimate for the state published by the Utah Population
478 Committee; and
479 (b) the population estimate for the state, published by the Utah Population Committee,
480 applicable at the time that the final budget was adopted for the fiscal year immediately
481 preceding the fiscal year to which the proposed budget relates.
482 Section 7. Effective date.
483 This bill takes effect on January 1, 2023.