Chief Sponsor: Kay J. Christofferson

Senate Sponsor: Chris H. Wilson


8     General Description:
9          This joint rules resolution addresses the review of agency fees.
10     Highlighted Provisions:
11          This resolution:
12          ▸     defines terms;
13          ▸     requires an appropriations subcommittee to review agency fees during an
14     accountable budget process; and
15          ▸     makes technical and conforming changes.
16     Special Clauses:
17          None
18     Legislative Rules Affected:
19     AMENDS:
20          JR3-2-101
21          JR3-2-501

23     Be it resolved by the Legislature of the state of Utah:
24          Section 1. JR3-2-101 is amended to read:
25          JR3-2-101. Definitions.
26          As used in this chapter:
27          (1) "Accountable process budget" means a budget that is created by starting from zero

28     and adding line items and programs recommended through an accountable budget process.
29          (2) "Accountable budget process" means a review of a line item or program in a simple
30     base budget to determine whether or the extent to which to recommend the line item or
31     program be included in a budget for the upcoming fiscal year.
32          (3) "Base budget" means:
33          (a) an accountable process budget; or
34          (b) for a line item or program that was not the subject of an accountable process budget
35     analysis during the immediately preceding interim, a simple base budget.
36          (4) "Chair" means:
37          (a) the chair of an appropriations subcommittee or the Executive Appropriations
38     Committee; or
39          (b) a member of a joint appropriations subcommittee or the Executive Appropriations
40     Committee member who is authorized to act as chair under JR3-2-303.
41          (5) "Committee" means a joint appropriations subcommittee or the Executive
42     Appropriations Committee.
43          (6) "Fee agency" means the same as that term is defined in Utah Code Section
44     63J-1-504.
45          (7) "Fee schedule" means the same as that term is defined in Utah Code Section
46     63J-1-504.
47          [(6)] (8) "Majority vote" means a majority of a quorum as provided in JR3-2-404.
48          [(7)] (9) "Original motion" means a non-privileged motion that is accepted by the chair
49     when no other motion is pending.
50          [(8)] (10) "Pending motion" refers to a motion starting when a chair accepts a motion
51     and ending when the motion is withdrawn or when the chair calls for a vote on the motion.
52          [(9)] (11) (a) "Privileged motion" means a procedural motion to adjourn, set a time to
53     adjourn, recess, end debate, extend debate, or limit debate.
54          (b) "Privileged motions" are not substitute motions.
55          [(10)] (12) (a) "Proposed budget item" means any funding item under consideration for
56     inclusion in an appropriations bill.
57          (b) "Proposed budget item" includes a request for appropriation.
58          [(11)] (13) "Request for appropriation" means a legislator request to:

59          (a) obtain funding for a project or program that has not previously been funded;
60          (b) significantly expand funding for an existing project or program; or
61          (c) obtain separate funding for a project or program.
62          [(12)] (14) (a) "Simple base budget" means amounts appropriated by the Legislature
63     for each line item for the current fiscal year that:
64          (i) are not designated as one-time in an appropriation, regardless of whether the
65     appropriation is covered by ongoing or one-time revenue sources; and
66          (ii) were not vetoed by the governor, unless the Legislature overrode the veto.
67          (b) "Simple base budget" includes:
68          (i) any changes to those amounts approved by the Executive Appropriations
69     Committee; and
70          (ii) amounts appropriated for debt service.
71          [(13)] (15) "Substitute motion" means a non-privileged motion that is made when a
72     non-privileged motion is pending.
73          [(14)] (16) "Under consideration" means the time starting when a chair opens a
74     discussion on a subject or an appropriations request that is listed on a committee agenda and
75     ending when the committee disposes of the subject or request, moves on to another item on the
76     agenda, or adjourns.
77          Section 2. JR3-2-501 is amended to read:
78          JR3-2-501. Meetings -- Accountable process budget creation -- Appropriations
79     and fee reviews.
80          (1) (a) During the interim, the Executive Appropriations Committee shall meet at least
81     every other month on the day before interim meetings.
82          (b) The appropriations subcommittee chairs may attend these meetings and provide
83     input regarding their budget.
84          (2) Appropriations subcommittees shall meet at least once during the interim and may
85     also hold additional meetings if authorized by the Legislative Management Committee.
86          (3) (a) Each interim, each appropriations subcommittee shall create an accountable
87     process budget for approximately 20% of the budgets that fall within the appropriations
88     subcommittee's responsibilities.
89          (b) Each appropriations subcommittee shall ensure that each of the budgets for which

90     the appropriations subcommittee has responsibility is the subject of an accountable budget
91     process at least once every five years.
92          (c) For each budget that is subject to an accountable budget process, an appropriations
93     subcommittee shall:
94          (i) review and discuss the budget evaluation submitted in accordance with Utah Code
95     Section 63J-1-903;
96          (ii) identify whether any portion of the budget overlaps with another budget; and
97          (iii) identify any opportunities to increase budgetary efficiencies.
98          (d) If a fee agency's budget is subject to review under Subsection (3)(c), an
99     appropriations subcommittee shall:
100          (i) review the fee agency's current fee schedule submitted under Utah Code Section
101     63J-1-504; and
102          (ii) consider and make recommendations regarding:
103          (A) the methods the fee agency uses to determine the amount of each fee; and
104          (B) the fee agency's estimated cost related to each fee.
105          (4) (a) The Executive Appropriations Committee may, based on a legislator's or
106     citizen's complaint, review any appropriation, whether in an appropriations bill or otherwise, to
107     ensure that the entity to which the funds were appropriated complies with any legislative intent
108     expressed in the legislation appropriating the funds.
109          (b) If the Executive Appropriations Committee finds that an entity has not complied
110     with any legislative intent concerning an appropriation expressed in the legislation
111     appropriating the fund, the committee may make a recommendation concerning the
112     appropriation to the entity receiving the funds and the Legislative Management Committee.
113          Section 3. Effective date.
114          This resolution takes effect upon a successful vote for final passage.