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H.J.R. 18
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RESOLUTION AMENDING LEGISLATIVE
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APPROPRIATIONS PROCESS
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2003 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Wayne A. Harper
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This resolution modifies Joint Rules. This resolution creates a Joint Budget Committee
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to replace the Executive Appropriations Committee, defines its membership, powers, and
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duties, and makes conforming changes in the budget process established in other joint
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rules. This resolution takes effect immediately.
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This resolution affects legislative rules as follows:
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AMENDS:
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JR-3.02
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JR-4.22.1
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ENACTS:
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JR-3.06
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Be it resolved by the Legislature of the state of Utah:
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Section 1.
JR-3.02
is amended to read:
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JR-3.02. Joint Appropriations Committee.
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(1) The Joint Appropriations Committee of the Legislature consists of all the members
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of the Legislature.
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(2) (a) The members of the Joint Appropriations Committee shall be divided into the
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following subcommittees:
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(i) Capital Facilities and Administrative Services;
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(ii) Commerce and Revenue;
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(iii) Economic Development and Human Resources;
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(iv) Executive Offices and Criminal Justice;
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(v) Health and Human Services;
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(vi) Higher Education;
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(vii) Natural Resources;
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(viii) Public Education;
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(ix) Quasi-Governmental Entities; and
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(x) Transportation, Environmental Quality, and National Guard.
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(b) The President of the Senate and Speaker of the House shall appoint their respective
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members to each subcommittee.
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(c) The Quasi-Governmental Entities Subcommittee shall have the same members as
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the Legislative Quasi-Governmental Entities Committee created in Section
63-95-201
.
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(3) (a) A majority of any committee or subcommittee constitutes a quorum for the
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transaction of business.
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(b) In determining a committee or subcommittee quorum, a majority is at least 50% in
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one house and more than 50% in the other.
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(c) In all decisions of the subcommittees, a majority vote will prevail. A majority vote
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is at least 50% of the members of one house and more than 50% in the other house in
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attendance.
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[(4) (a) There shall be an Executive Appropriations Committee consisting of 18
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members composed of:]
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[(i) three members of the majority leadership of the Senate and four members of the
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majority leadership of the House;]
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[(ii) two members of the minority leadership of the Senate and three members of the
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minority leadership of the House;]
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[(iii) the chair of the Senate Appropriations Committee and the chair of the House
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Appropriations Committee; and]
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[(iv) (A) one member from the majority party of the Senate as appointed by the
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President of the Senate or as chosen by the Senate majority caucus;]
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[(B) two members from the minority party of the Senate as appointed by the Senate
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minority leader or as chosen by the Senate minority caucus; and]
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[(C) one member from the minority party of the House as appointed by the House
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minority leader or as chosen by the House minority caucus.]
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[(b) A member of the Executive Appropriations Committee, whose membership is
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determined under Subsection (4)(a)(i) or (ii), may appoint a designee to permanently serve in
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that individual's place with the approval of the Speaker or the President for any majority party
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member or with the approval of the House or Senate minority party leader for any minority
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party member.]
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[(c) In all decisions of the Executive Appropriations Committee, a majority vote
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prevails. When a division is requested, that vote must include at least 50% of the members of
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one house and more than 50% of the members of the other house in attendance.]
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[(5) (a) The Executive Appropriations Committee shall meet no later than the third
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Wednesday in December to:]
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[(i) direct staff as to what revenue estimate to use in preparing budget
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recommendations;]
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[(ii) decide whether or not to set aside special allocations for the end of the session;]
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[(iii) set aside an appropriate amount for fiscal note bills;]
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[(iv) approve the appropriate amount for each subcommittee to use in preparing its
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budget; and]
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[(v) set a budget figure.]
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[(b) The chairs of each appropriation subcommittee are invited to attend this meeting.]
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[(6) The Office of Legislative Fiscal Analyst shall prepare revised revenue estimates in
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February.]
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[(7) The Executive Appropriations Committee shall include in its consideration tax
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collections and revenue policy, tax administration, and analysis of revenue sources.]
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[(8)] (4) (a) [With the approval of the Executive Appropriations Committee, time
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schedules for subcommittee meetings will be determined] The President and Speaker shall
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ensure that subcommittee meetings are scheduled so that no conflict exists with the [annual
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general] floor sessions or standing committee meetings of the Legislature.
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(b) Appropriations subcommittees may not meet while the Senate or House is in
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session without special leave from the Speaker of the House and the President of the Senate.
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[(9) (a) (i) It is the duty of the appropriations chair of each house to receive the reports
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of the subcommittees and to forward the reports to the Executive Appropriations Committee.]
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[(ii) The Executive Appropriations Committee shall combine the reports into a total
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appropriations bill.]
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[(b) The Executive Appropriations Committee shall establish a liaison between their
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committee and each of the appropriations subcommittees.]
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[(10) All proposed items of expenditure to be included in the final appropriations bill,
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including appropriations for the Legislature and its committees and staff, shall be submitted to
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one of the subcommittees named in this rule for consideration and recommendation.]
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[(11) (a) After receiving and reviewing subcommittee reports, the Executive
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Appropriations Committee may refer the report back to an appropriations subcommittee with
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any guidelines the Executive Appropriations Committee considers necessary to assist the
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subcommittee in producing a balanced budget.]
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[(b) The]
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(5) (a) Each appropriation subcommittee shall:
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(i) receive the recommended target budget for the subcommittee from the Joint Budget
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Committee;
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(ii) as practicable, hold hearings on the target budget;
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(iii) if necessary, modify the target budget submitted to it by the Joint Budget
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Committee; and
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(iv) submit, in the form required by the Joint Budget Committee, a recommended
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budget for each agency and institution over which it has jurisdiction to the Joint Budget
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Committee.
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(b) If the Joint Budget Committee returns the target budget to the appropriations
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subcommittee for modification, the appropriation subcommittee shall meet to review the new
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guidelines and report the adjustments to the [chairs of the Executive Appropriations] Joint
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Budget Committee as soon as possible.
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[(12) (a) After receiving the reports, the appropriations chairs will report them to the
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Executive Appropriations Committee.]
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[(b) That committee shall:]
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[(i) make any further adjustments necessary to balance the budget; and]
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[(ii) complete all decisions necessary to draft the final appropriations bill no later than
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the 38th day of the annual general session.]
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[(13) (a) During the interim, the Executive Appropriations Committee shall meet at
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least every other month on the day before interim meetings on alternating months between
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Legislative Management Committee meetings.]
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[(b) The first meeting of the Executive Appropriations Committee shall be in the
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month following the first meeting of the Legislative Management Committee.]
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[(c) The appropriations subcommittee chairs may attend these meetings and provide
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input regarding their budget.]
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[(d) (i) Each year, the Executive Appropriations Committee shall:]
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[(A) select a state agency, institution, or program to be the subject of an in-depth
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budget review; and]
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[(B) direct an appropriation subcommittee to conduct the in-depth budget review of the
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agency and report back to the Executive Appropriations Committee.]
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[(ii) In conducting the in-depth budget review, the appropriations subcommittee shall:]
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[(A) study, in detail, the budget of the agency, institution, or program;]
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[(B) prepare a report making recommendations for reduction or additions to the budget
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of that agency, institution, or program; and]
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[(C) present its findings and recommendations to the Executive Appropriations
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Committee.]
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Section 2.
Section
JR-3.06
is enacted to read:
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JR-3.06. Joint Budget Committee.
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(1) There is created a Joint Budget Committee of the Utah Legislature consisting of:
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(a) 14 members during the interim and the first 38 days of the annual general session;
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and
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(b) 20 members during the last seven days of the annual general session.
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(2) (a) The President of the Senate shall appoint seven members of the 14 members as
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follows:
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(i) one member of the majority party to serve as chair of the Joint Budget Committee;
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(ii) four members of the majority party who are also appropriations subcommittee
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chairs; and
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(ii) two members of the minority party.
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(b) The President of the Senate shall appoint three additional members to serve on the
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committee during the last seven days of the annual general session as follows:
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(i) two members of majority leadership of the Senate; and
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(ii) one member of minority leadership of the Senate.
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(3) (a) The Speaker of the House shall appoint seven members of the 14 members as
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follows:
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(i) one member of the majority party to serve as chair of the Joint Budget Committee;
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(ii) four members of the majority party who are also appropriation subcommittee
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chairs; and
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(iii) two members of the minority party.
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(b) The Speaker of the House shall appoint three additional members to serve on the
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committee during the last seven days of the annual general session as follows:
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(i) two members of majority leadership of the House; and
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(ii) one member of minority leadership of the House.
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(4) (a) The Joint Budget Committee shall meet at least monthly and more frequently as
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needed at the call of the chairs.
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(b) Six members from each house are a quorum during the last seven days of the
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annual general session and four members from each house are a quorum at all other times.
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(c) The vote required for any motion in the committee to pass is at least 50% of one
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house voting in favor and more than 50% of the other house voting in favor.
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(d) (i) Except as provided in Subsection (4)(d)(ii), the Joint Budget Committee shall be
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governed by Interim Committee Rules.
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(ii) That portion of Interim Rule 2.02 that directs that members who miss two
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consecutive meetings are not counted in determining a quorum does not apply to meetings of
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the Joint Budget Committee.
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(iii) For meetings of the Joint Budget Committee, all members of the committee are
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counted in determining a quorum regardless of how many meetings they have missed.
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(5) The Legislative Fiscal Analyst shall provide staff services to the committee.
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(6) When functioning as a standing committee during the annual general session, the
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Joint Budget Committee shall:
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(a) review the budget recommendations that:
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(i) state agencies and institutions submitted to the Governor;
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(ii) the Governor submitted to the Legislature; and
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(iii) the Legislative Fiscal Analyst submitted to the Legislature;
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(b) after reviewing those budget recommendations, prepare a recommended target
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budget for each appropriation subcommittee and submit it to the appropriation subcommittee
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for its consideration, modification, and recommendation;
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(c) after receiving budget recommendations from each appropriations subcommittee,
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and after adding the additional members to the Joint Budget Committee as required by
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Subsection (3)(b), either:
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(i) refer the report back to an appropriations subcommittee with any guidelines the
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Joint Budget Committee considers necessary to assist the subcommittee in producing a
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balanced budget; or
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(ii) adjust and revise those recommendations as necessary to balance the budget and to
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establish final budget recommendations for each agency, institution, and entity of state
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government;
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(d) ensure that the Joint Budget Committee's final budget recommendations include all
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of the proposed items of expenditure to be included in the final appropriations bill, including
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appropriations for the Legislature and its committees and staff;
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(e) complete all decisions necessary to draft the final appropriations bill no later than
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the 38th day of the annual general session;
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(f) direct the Legislative Fiscal Analyst to prepare an annual appropriation act, any
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supplemental appropriation acts, any bonding or capital facility bills or authorizations, any
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school financing acts, and any other legislation necessary to incorporate the Joint Budget
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Committee's decisions;
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(g) approve and submit to the Legislature an annual appropriation act, any
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supplemental appropriation acts, any bonding or capital facility bills or authorizations, any
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school financing acts, and any other legislation necessary to approve a balanced budget;
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(h) review and approve revised revenue estimates in February; and
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(i) perform the responsibilities required by JR-4.22.1.
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(7) (a) The Joint Budget Committee shall meet no later than the third Wednesday in
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December to:
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(i) direct staff as to what revenue estimate to use in preparing budget
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recommendations;
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(ii) decide whether or not to set aside special allocations for the end of the session;
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(iii) set aside an appropriate amount for fiscal note bills;
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(iv) approve a target budget amount for each subcommittee to use in preparing its
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budget; and
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(v) set a budget figure.
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(b) The chairs of each appropriation subcommittee are invited to attend this meeting.
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(8) (a) When functioning as an interim committee when the Legislature is not in
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session, the Joint Budget Committee shall:
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(i) review, modify, and adopt revenue estimates and revised revenue estimates;
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(ii) obtain a report each month from the Legislative Fiscal Analyst that identifies the
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line-item transfers approved by the governor under Section
63-38-3
during the previous month
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and review and discuss that report;
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(iii) perform the responsibilities required by JR-4.22.1;
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(iv) review monthly agency expenditures to ensure that they meet budget and
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appropriation procedures and requirements;
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(v) obtain a report each month from the Legislative Fiscal Analyst that identifies any
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nonroutine expenditures or expenditures that are outside of or more than the line-item
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appropriation made to the agency;
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(vi) review personnel transfers between agencies, increases or decreases in full-time
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employees within an agency, and vacancies in permanent positions within an agency if those
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vacancies have not been filled within nine months; and
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(vii) recommend or introduce legislation to address revenue, expenditure, accounting,
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and other budget issues in state government.
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(b) (i) Each year, the Joint Budget Committee shall:
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(A) select a state agency, institution, or program to be the subject of an in-depth budget
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review; and
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(B) direct an appropriation subcommittee to conduct the in-depth budget review of the
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agency and report back to the Joint Budget Committee.
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(ii) In conducting the in-depth budget review, the appropriations subcommittee shall:
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(A) study, in detail, the budget of the agency, institution, or program including staffing
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needs, policies, and rules;
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(B) prepare a report making recommendations for reduction or additions to the budget
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of that agency, institution, or program; and
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(C) present its findings and recommendations to the Joint Budget Committee by its
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October meeting.
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Section 3.
JR-4.22.1
is amended to read:
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JR-4.22.1. Appropriations; Requests; Disposition.
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(1) (a) A legislator desiring to obtain funding for a project, program, or entity that has
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not previously been funded, or to obtain additional or separate funding for a project, program,
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or entity, shall file a signed Request for Appropriation with the Office of Legislative Fiscal
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Analyst within the time limits established by JR-19.02.
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(b) The request shall designate:
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(i) the project, program, or entity to be funded;
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(ii) the source for the funding;
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(iii) the chief sponsor, who is knowledgeable about and responsible for providing
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pertinent information as the appropriation is processed;
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(iv) supporting legislators, if any, who wish to cosponsor the appropriation; and
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(v) the appropriation subcommittee to which the sponsor wishes the request to be
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assigned, if any.
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(2) (a) When a member files a Request for Appropriation, the Legislative Fiscal
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Analyst shall review the request.
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(b) If the request requires that a statute be enacted, amended, or repealed, the
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Legislative Fiscal Analyst shall immediately transfer the request to the Office of Legislative
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Research and General Counsel as a Request for Legislation.
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(c) If the request does not require that a statute be enacted, amended, or repealed, the
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Legislative Fiscal Analyst shall number and title the request and refer the request to:
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(i) the House chair of the [Executive Appropriations] Joint Budget Committee, if the
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sponsor is a House member; or
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(ii) the Senate chair of the [Executive Appropriations] Joint Budget Committee, if the
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sponsor is a Senator.
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(d) The House or Senate chair of the [Executive Appropriations] Joint Budget
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Committee shall refer the request to the appropriate joint appropriations subcommittee.
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(3) Each joint appropriations subcommittee that receives a Request for Appropriation
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shall:
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(a) allow the sponsor to present and discuss the request with the subcommittee;
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(b) discuss the request; and
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(c) either:
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(i) include all or part of the requested appropriation in the budget recommendation
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made to the [Executive Appropriations] Joint Budget Committee;
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(ii) reject the request; or
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(iii) recommend to the [Executive Appropriations] Joint Budget Committee that all or
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part of the requested appropriation be placed on a funding prioritization list as may be
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established by the [Executive Appropriations] Joint Budget Committee.
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Section 4. Effective date.
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This resolution takes effect upon approval by a constitutional majority vote of all
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members of the Senate and House of Representatives.
Legislative Review Note
as of 2-3-03 11:36 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.