63J-1-201 - Governor to submit budget to Legislature -- Contents -- Preparation -- Appropriations based on current tax laws and not to exceed estimated revenues.
63J-1-201. Governor to submit budget to Legislature -- Contents -- Preparation --Appropriations based on current tax laws and not to exceed estimated revenues.
(1) The governor shall deliver, not later than 30 days before the date the Legislatureconvenes in the annual general session, a confidential draft copy of the governor's proposedbudget recommendations to the Office of the Legislative Fiscal Analyst.
(2) (a) The governor shall, within the first three days of the annual general session of theLegislature, submit to the presiding officer of each house of the Legislature:
(i) a proposed budget for the ensuing fiscal year;
(ii) a schedule for all of the proposed appropriations of the budget, with eachappropriation clearly itemized and classified;
(iii) the statement described in Subsection (2)(c); and
(iv) as applicable, a document showing proposed expenditures and estimated revenuesthat are based on changes in state tax laws or rates.
(b) The proposed budget shall include:
(i) a projection of estimated revenues and expenditures for the next fiscal year;
(ii) the source of all direct, indirect, and in-kind matching funds for all federal grants orassistance programs included in the budget;
(iii) a complete plan of proposed expenditures and estimated revenues for the next fiscalyear that is based upon the current fiscal year state tax laws and rates;
(iv) an itemized estimate of the proposed appropriations for:
(A) the Legislative Department as certified to the governor by the president of the Senateand the speaker of the House;
(B) the Executive Department;
(C) the Judicial Department as certified to the governor by the state court administrator;
(D) payment and discharge of the principal and interest of the indebtedness of the state;
(E) the salaries payable by the state under the Utah Constitution or under law for thelease agreements planned for the next fiscal year;
(F) other purposes that are set forth in the Utah Constitution or under law; and
(G) all other appropriations;
(v) for each line item, the average annual dollar amount of staff funding associated withall positions that were vacant during the last fiscal year; and
(vi) deficits or anticipated deficits.
(c) The budget shall be accompanied by a statement showing:
(i) the revenues and expenditures for the last fiscal year;
(ii) the current assets, liabilities, and reserves, surplus or deficit, and the debts and fundsof the state;
(iii) an estimate of the state's financial condition as of the beginning and the end of theperiod covered by the budget;
(iv) a complete analysis of lease with an option to purchase arrangements entered into bystate agencies;
(v) the recommendations for each state agency for new full-time employees for the nextfiscal year, which shall also be provided to the State Building Board as required by Subsection63A-5-103(2);
(vi) any explanation that the governor may desire to make as to the important features ofthe budget and any suggestion as to methods for the reduction of expenditures or increase of the
state's revenue; and
(vii) information detailing certain fee increases as required by Section 63J-1-504.
(3) (a) (i) For the purpose of preparing and reporting the proposed budget, the governorshall require the proper state officials, including all public and higher education officials, allheads of executive and administrative departments and state institutions, bureaus, boards,commissions, and agencies expending or supervising the expenditure of the state money, and allinstitutions applying for state money and appropriations, to provide itemized estimates ofrevenues and expenditures.
(ii) The governor may also require other information under these guidelines and at timesas the governor may direct, which may include a requirement for program productivity andperformance measures, where appropriate, with emphasis on outcome indicators.
(b) The governor may require representatives of public and higher education, statedepartments and institutions, and other institutions or individuals applying for stateappropriations to attend budget meetings.
(c) (i) (A) In submitting the budgets for the Departments of Health and Human Servicesand the Office of the Attorney General, the governor shall consider a separate recommendation inthe governor's budget for funds to be contracted to:
(I) local mental health authorities under Section 62A-15-110;
(II) local substance abuse authorities under Section 62A-15-110;
(III) area agencies under Section 62A-3-104.2;
(IV) programs administered directly by and for operation of the Divisions of SubstanceAbuse and Mental Health and Aging and Adult Services;
(V) local health departments under Title 26A, Chapter 1, Local Health Departments; and
(VI) counties for the operation of Children's Justice Centers under Section 67-5b-102.
(B) In the governor's budget recommendations under Subsections (3)(c)(i)(A)(I), (II), and(III), the governor shall consider an amount sufficient to grant local health departments, localmental health authorities, local substance abuse authorities, and area agencies the samepercentage increase for wages and benefits that the governor includes in the governor's budget forpersons employed by the state.
(C) If the governor does not include in the governor's budget an amount sufficient togrant the increase described in Subsection (3)(c)(i)(B), the governor shall include a message tothe Legislature regarding the governor's reason for not including that amount.
(ii) (A) In submitting the budget for the Department of Agriculture, the governor shallconsider an amount sufficient to grant local conservation districts and Utah Association ofConservation District employees the same percentage increase for wages and benefits that thegovernor includes in the governor's budget for persons employed by the state.
(B) If the governor does not include in the governor's budget an amount sufficient togrant the increase described in Subsection (3)(c)(ii)(A), the governor shall include a message tothe Legislature regarding the governor's reason for not including that amount.
(iii) (A) In submitting the budget for the Utah State Office of Rehabilitation and theDivision of Services for People with Disabilities, the Division of Child and Family Services, andthe Division of Juvenile Justice Services within the Department of Human Services, the governorshall consider an amount sufficient to grant employees of corporations that provide directservices under contract with those divisions, the same percentage increase for cost-of-living thatthe governor includes in the governor's budget for persons employed by the state.
(B) If the governor does not include in the governor's budget an amount sufficient togrant the increase described in Subsection (3)(c)(iii)(A), the governor shall include a message tothe Legislature regarding the governor's reason for not including that amount.
(iv) (A) The Families, Agencies, and Communities Together Council may propose abudget recommendation to the governor for collaborative service delivery systems operatedunder Section 63M-9-402, as provided under Subsection 63M-9-201(4)(e).
(B) The Legislature may, through a specific program schedule, designate fundsappropriated for collaborative service delivery systems operated under Section 63M-9-402.
(v) The governor shall include in the governor's budget the state's portion of the budgetfor the Utah Communications Agency Network established in Title 63C, Chapter 7, UtahCommunications Agency Network Act.
(vi) (A) The governor shall include a separate recommendation in the governor's budgetfor funds to maintain the operation and administration of the Utah Comprehensive HealthInsurance Pool.
(B) In making the recommendation, the governor may consider:
(I) actuarial analysis of growth or decline in enrollment projected over a period of at leastthree years;
(II) actuarial analysis of the medical and pharmacy claims costs projected over a periodof at least three years;
(III) the annual Medical Care Consumer Price Index;
(IV) the annual base budget for the pool established by the Commerce and RevenueAppropriations Subcommittee for each fiscal year;
(V) the growth or decline in insurance premium taxes and fees collected by the State TaxCommission and the Insurance Department; and
(VI) the availability of surplus General Fund revenue under Section 63J-1-312 andSubsection 59-14-204(5)(b).
(d) (i) The governor may revise all estimates, except those relating to the LegislativeDepartment, the Judicial Department, and those providing for the payment of principal andinterest to the state debt and for the salaries and expenditures specified by the Utah Constitutionor under the laws of the state.
(ii) The estimate for the Legislative Department, as certified by the presiding officers ofboth houses, shall be included in the budget without revision by the governor.
(iii) The estimate for the Judicial Department, as certified by the state courtadministrator, shall also be included in the budget without revision, but the governor may makeseparate recommendations on the estimate.
(e) The total appropriations requested for expenditures authorized by the budget may notexceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscalyear.
(4) In considering the factors in Subsections (3)(c)(vi)(B)(I), (II), and (III) andSubsections (5)(b)(ii)(A), (B), and (C), the governor and the Legislature may consider theactuarial data and projections prepared for the board of the Utah Comprehensive HealthInsurance Pool as it develops its financial statements and projections for each fiscal year.
(5) (a) In adopting a budget for each fiscal year, the Legislature shall consider an amountsufficient to grant local health departments, local mental health authorities, local substance abuseauthorities, area agencies on aging, conservation districts, and Utah Association of Conservation
District employees the same percentage increase for wages and benefits that is included in thebudget for persons employed by the state.
(b) (i) In adopting a budget each year for the Utah Comprehensive Health Insurance Pool,the Legislature shall determine an amount that is sufficient to fund the pool for each fiscal year.
(ii) When making a determination under Subsection (5)(b)(i), the Legislature shallconsider factors it determines are appropriate, which may include:
(A) actuarial analysis of growth or decline in enrollment projected over a period of atleast three years;
(B) actuarial analysis of the medical and pharmacy claims costs projected over a periodof at least three years;
(C) the annual Medical Care Consumer Price Index;
(D) the annual base budget for the pool established by the Commerce and RevenueAppropriations Subcommittee for each fiscal year;
(E) the growth or decline in insurance premium taxes and fees collected by the taxcommission and the insurance department from the previous fiscal year; and
(F) the availability of surplus General Fund revenue under Section 63J-1-312 andSubsection 59-14-204(5)(b).
(iii) The funds appropriated by the Legislature to fund the Utah Comprehensive HealthInsurance Pool as determined under Subsection (5)(b)(i):
(A) shall be deposited into the fund established by Section 31A-29-120; and
(B) are restricted and are to be used to maintain the operation, administration, andmanagement of the Utah Comprehensive Health Insurance Pool created by Section 31A-29-104.
(6) If any item of the budget as enacted is held invalid upon any ground, the invaliditydoes not affect the budget itself or any other item in it.
Amended by Chapter 415, 2010 General Session