Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 494 First Substitute (2020GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the Department of Administrative Services to transfer or divert money to another department, agency, institution, or division only for the purposes of providing a state response to the coronavirus;
• makes technical and corresponding changes; and
• creates a sunset date for the authorization in this bill.

Every vote on this bill

Bill text

EMERGENCY DISEASE RESPONSE FUNDING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill modifies the Budgetary Procedures Act by amending provisions relating to
funding for a state response to the coronavirus.
Highlighted Provisions:
This bill:
▸ authorizes the Department of Administrative Services to transfer or divert money to
another department, agency, institution, or division only for the purposes of
providing a state response to the coronavirus;
▸ makes technical and corresponding changes; and
▸ creates a sunset date for the authorization in this bill.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
63I-2-263
, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
and 483
63J-1-206
, as last amended by Laws of Utah 2019, Chapters 182 and 468
Utah Code Sections Affected by Coordination Clause:
63I-2-263
, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
and 483
63J-1-206
, as last amended by Laws of Utah 2019, Chapters 182 and 468
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) On July 1, 2020:
(a) Subsection 
63A-1-203
(5)(a)(i) is repealed; and
(b) in Subsection 
63A-1-203
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
(2) Sections 
63C-4a-307
 and 
63C-4a-309
 are repealed January 1, 2020.
(3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2020.
(4) The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2020:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
(5) In relation to the State Fair Park Committee, on January 1, 2021:
(a) Section 
63H-6-104.5
 is repealed; and
(b) Subsections 
63H-6-104
(8) and (9) are repealed.
(6) Section 
63H-7a-303
 is repealed on July 1, 2022.
(7) Subsection 
63J-1-206
(3)(b), relating to coronavirus, is repealed on July 1, 2021.
[
(7)
] 
(8)
 In relation to the Employability to Careers Program Board, on July 1, 2022:
(a) Subsection 
63J-1-602.1
(52) is repealed;
(b) Subsection 
63J-4-301
(1)(h), related to the review of data and metrics, is repealed;
and
(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
[
(8)
] 
(9)
 Section 
63J-4-708
 is repealed January 1, 2023.
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) (a) Except as provided in Subsections (1)(b) and (2)(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
.
(2) (a) Each item of appropriation is to be expended subject to any schedule of
programs and any restriction attached to the item of appropriation, 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) (i) [
Except as provided in Subsection (2)(c)(ii), an
] 
An
 appropriation or any surplus
of any appropriation may not be diverted from any department, agency, institution, division, or
line item to any other department, agency, institution, division, or line item.
[
(ii) The state superintendent may transfer money appropriated for the Minimum
School Program between line items in accordance with Section 
53F-2-205
.
]
[
(iii)
] 
(ii)
 If the money appropriated to an agency to pay lease payments under the
program established in Subsection 
63A-5-228
(3) exceeds the amount required for the agency's
lease payments to the Division of Facilities Construction and Management, the agency may:
(A) transfer money from the lease payments line item to other line items within the
agency; and
(B) retain and use the excess money for other purposes.
(d) The money appropriated subject to a schedule of 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 a line item, the department, agency, or institution
shall revise its budget execution plan as provided in Section 
63J-1-209
.
(f) (i) The procedures for transferring money between programs within a line item as
provided by Subsection (2)(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 53F,
Chapter 3, State Funding -- Capital Outlay Programs.
(ii) The state superintendent may transfer money appropriated for the programs
specified in Subsection (2)(f)(i) only as provided by Section 
53F-2-205
.
(3) Notwithstanding Subsection (2)(c)(i):
(a) the state superintendent may transfer money appropriated for the Minimum School
Program between line items in accordance with Section 
53F-2-205
; and
(b) the Department of Administrative Services may transfer or divert money to another
department, agency, institution, or division only for the purposes of coordinating and providing
a state response to the coronavirus.
Section 3. 
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.
Section 4. 
 Coordinating H.B. 494 with S.B. 207 -- Substantive and technical
amendments.
If this H.B. 494 and S.B. 207, Paid Leave Amendments, both pass and become law, it is
the intent of the Legislature that the Office of Legislative Research and General Counsel shall
prepare the Utah Code database for publication by:
(1) not making the changes to Subsection 
63J-1-206
(2)(c) in S.B. 207;
(2) replacing Subsection 
63J-1-206
(3) in H.B. 494 to read:
"(3) Notwithstanding Subsection (2)(c)(i):
(a) the state superintendent may transfer money appropriated for the Minimum School
Program between line items in accordance with Section 
53F-2-205
;
(b) the Department of Administrative Services may transfer money appropriated for the
purpose of paying the costs of paid employee postpartum recovery leave under Section
67-19-14.7
 to another department, agency, institution, or division; and
(c) the Department of Administrative Services may transfer or divert money to another
department, agency, institution, or division only for the purposes of coordinating and providing
a state response to the coronavirus."; and
(3) modifying Subsection 
63I-2-263
(7) in H.B. 494 to read:
"(7) Subsection 
63J-1-206
(3)(c), relating to coronavirus, is repealed on July 1, 2021."