Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 1001 First Substitute (2017S1)

Sponsor

Rep. Wilson, B.

Final action

Governor Signed 9/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the Department of Workforce Services to transfer or divert money to another department, agency, institution, or division only for the purposes of law enforcement, adjudication, corrections, and providing and addressing services for homeless individuals and families for a certain period of time; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

OPERATION RIO GRANDE FUNDING AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Brad R. Wilson
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill modifies the Budgetary Procedures Act by amending provisions relating to
funding for law enforcement, adjudication, corrections, and homeless services.
Highlighted Provisions:
This bill:
▸ authorizes the Department of Workforce Services to transfer or divert money to
another department, agency, institution, or division only for the purposes of law
enforcement, adjudication, corrections, and providing and addressing services for
homeless individuals and families for a certain period of time; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2018:
▸ to the Department of Workforce Services - Operation Rio Grande, as a one-time
appropriation:
• from the General Fund, $4,900,000; and
▸ to the General Fund, as a one-time appropriation:
• from Nonlapsing Balances - Corrections - Jail Contracting, $4,900,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-2-263
, as last amended by Laws of Utah 2017, Chapter 430
63J-1-206
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) Section 
63A-5-227
 is repealed on January 1, 2018.
(2) Section 
63H-7a-303
 is repealed on July 1, 2022.
(3) On July 1, 2019:
(a) in Subsection 
63J-1-206
(3)(c)(i), the language that states "(i) Except as provided in
Subsection (3)(c)(ii)" is repealed; and
(b) Subsection 
63J-1-206
(3)(c)(ii) is repealed.
[
(3)
] 
(4)
 Subsection 
63N-3-109
(2)(f)(i)(B) is repealed July 1, 2020.
[
(4)
] 
(5)
 Section 
63N-3-110
 is repealed July 1, 2020.
Section 2. Section 
63J-1-206
 is amended to read:
63J-1-206.
Appropriations governed by chapter -- Restrictions on expenditures --
Transfer of funds -- Exclusion.
(1) As used in this section, "work program" means a budget that contains revenues and
expenditures for specific purposes or functions within an item of appropriation.
(2) (a) Except as provided in Subsection (2)(b), (3)(e), or where expressly exempted in
the appropriating act:
(i) all money appropriated by the Legislature is appropriated upon the terms and
conditions set forth in this chapter; and
(ii) any department, agency, or institution that accepts money appropriated by the
Legislature does so subject to the requirements of this chapter.
(b) This section does not apply to:
(i) the Legislature and its committees; and
(ii) the Investigation Account of the Water Resources Construction Fund, which is
governed by Section 
73-10-8
.
(3) (a) Each appropriation item is to be expended subject to any schedule of programs
and any restriction attached to the appropriation item, as designated by the Legislature.
(b) Each schedule of programs or restriction attached to an appropriation item:
(i) is a restriction or limitation upon the expenditure of the respective appropriation
made;
(ii) does not itself appropriate any money; and
(iii) is not itself an item of appropriation.
(c) [
An
] 
(i) Except as provided in Subsection (3)(c)(ii), an
 appropriation or any surplus
of any appropriation may not be diverted from any department, agency, institution, or division
to any other department, agency, institution, or division.
(ii) Until July 1, 2019, the Department of Workforce Services may transfer or divert
money to another department, agency, institution, or division only for the purposes of law
enforcement, adjudication, corrections, and providing and addressing services for homeless
individuals and families.
(d) The money appropriated subject to a schedule or programs or restriction may be
used only for the purposes authorized.
(e) In order for a department, agency, or institution to transfer money appropriated to it
from one program to another program within an item of appropriation, the following procedure
shall be followed:
(i) The department, agency, or institution seeking to make the transfer shall prepare:
(A) a new work program for the fiscal year involved that consists of the currently
approved work program and the transfer sought to be made; and
(B) a written justification for the new work program that sets forth the purpose and
necessity for the transfer.
(ii) The Division of Finance shall process the new work program with written
justification and make this information available to the Governor's Office of Management and
Budget and the legislative fiscal analyst.
(f) (i) Except as provided in Subsection (3)(f)(ii), money may not be transferred from
one item of appropriation to any other item of appropriation.
(ii) The state superintendent may transfer money appropriated for the Minimum School
Program between line items of appropriation in accordance with Section 
53A-17a-105
.
(g) (i) The procedures for transferring money between programs within an item of
appropriation as provided by Subsection (3)(e) do not apply to money appropriated to the State
Board of Education for the Minimum School Program or capital outlay programs created in
Title 53A, Chapter 21, Public Education Capital Outlay Act.
(ii) The state superintendent may transfer money appropriated for the programs
specified in Subsection (3)(g)(i) only as provided by Section 
53A-17a-105
.
Section 3. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
fiscal year 2018.
Subsection (3)(a). 
Operating and capital budgets
.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 1
To Department of Workforce Services - Operation Rio Grande
 From General Fund, One-time
$4,900,000
Schedule of Programs:
Operation Rio Grande
$4,900,000
The Legislature intends that:
(1) The Department of Workforce Services submit to the Office of the Legislative
Fiscal Analyst and the Governor's Office of Management and Budget an accounting of any
transfer or expenditure of the funds provided by this Subsection (3)(a) one week before
executing the transactions; and
(2) Under Section 
63J-1-603
, appropriations provided under this Subsection (3)(a) not
lapse at the close of fiscal year 2018. The use of any nonlapsing funds is limited to law
enforcement, adjudication, corrections, and providing and addressing services for homeless
individuals and families.
Subsection (3)(b). 
Transfers to unrestricted funds
.
The Legislature authorizes the Division of Finance to transfer the following amounts to
the unrestricted General Fund from the program balances indicated. Expenditures and outlays
from the General Fund must be authorized by an appropriation.
ITEM 2
To General Fund
 From Nonlapsing Balances - Corrections - Jail Contracting,
One-time
$4,900,000
 Schedule of Programs:
General Fund, One-time
$4,900,000
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.