17-1-508. Review of statutory appropriations. (1) Each interim, the legislative finance committee shall review each statutory appropriation that is contained in a section listed in 17-7-502 and that is not exempted under subsection (6) of this section and shall review the guidelines set forth in subsection (4) to eliminate statutory appropriations that no longer fulfill a legislative need and to ensure that legislative policy is clearly stated concerning the use of statutory appropriations.
     (2) Each biennium, the office of budget and program planning shall, in development of the executive budget, identify instances in which statutory appropriations in current law do not appear consistent with the guidelines set forth in subsection (4).
     (3) As part of each agency audit, the legislative auditor shall review statutory appropriations to the agency and report instances in which they do not appear consistent with the guidelines set forth in subsection (4).
     (4) The review of statutory appropriations must determine whether a statutory appropriation meets the requirements of 17-7-501. A statutory appropriation from a continuing and reliable source of revenue may not be used to fund administrative costs. In reviewing and establishing statutory appropriations, the legislature shall consider the following guidelines. A statutory appropriation may be considered appropriate if:
     (a) the fund or use requires an appropriation;
     (b) the money is not from a continuing, reliable, and estimable source;
     (c) the use of the appropriation or the expenditure occurrence is not predictable and reliable;
     (d) the authority does not exist elsewhere;
     (e) an alternative appropriation method is not available, practical, or effective;
     (f) other than for emergency purposes, it does not appropriate money from the state general fund;
     (g) the money is dedicated for a specific use;
     (h) the legislature wishes the activity to be funded on a continual basis; and
     (i) when feasible, an expenditure cap and sunset date are included.
     (5) The office of budget and program planning shall prepare a fiscal note for each piece of legislation that proposes to create or amend a statutory appropriation. It shall, consistent with the guidelines in this section, review each of these pieces of legislation. Its findings concerning the statutory appropriation must be contained in the fiscal note accompanying that legislation.
     (6) The legislative finance committee shall establish procedures to facilitate a biennial review and evaluation of statutory appropriations. If the review determines that continual review of a statutory appropriation is not necessary, the statutory appropriation may be exempt from future review.

     History: En. Sec. 20, Ch. 509, L. 1995; amd. Sec. 19, Ch. 422, L. 1997.