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JFAC previews 'clear language' plan to make appropriation intent explicit in maintenance budgets
Summary
Committee staff previewed a new format for maintenance appropriations that embeds prior intent and reporting language, reappropriation authority and conditions/limitations; co-chairs said the language will be treated as binding and the committee will vote on specific language during budget-setting sessions.
Committee staff told the Joint Finance-Appropriations Committee on Jan. 15 they have prepared "clear language" packets for the program maintenance appropriations that will explicitly restate prior intent language, reporting requirements, reappropriation authority and conditions or limitations associated with agency funds.
Keith Bybee, Division Manager of Budget Policy Analysis, explained the packets provide comparative analysis of the 2026 base, the governor’s revised recommendation and a column for the committee’s recommendation. He said the packets include three main categories of language: exemptions from statutory transfer limitations, reappropriation (carryover) authority for funds such as ARPA or multi-year capital projects, and conditions/limitations or reporting requirements tied to appropriated funds.
"If we have clear language that has existed previously, that’s our standard," Bybee said. Committee co-chairs stressed that the language is intended to be binding. "As Director Adams said when he was here, this week, it’s the law," the co-chair said, noting the committee intends the appropriation language to define how the legislature expects funds to be used, not merely to register intent.
Bybee walked members through examples across functional areas including judicial retirement-contribution handling, continuous appropriations for the Endowment Fund Investment Board, DEQ remediation fund uses, reappropriation for broadband and ITD capital projects and limitations on transfers from trustee and benefit payments in Health and Welfare. He said members will vote on statewide figures such as personnel benefit costs and CEC and then finalize each functional-area maintenance bill with specific language.
Committee members asked how to track past intent language and whether they could remove or modify prior restrictions; co-chairs and Bybee said past language in the maintenance packet is carried forward when standard but the legislature retains discretion to add, modify or remove language during appropriation votes. Lawmakers were encouraged to review the packet before the committee’s budget-setting votes later in the week.
