Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 326 Second Substitute (2021GS)

Sponsor

Rep. Ballard, M.G.

Final action

Governor Signed 3/23/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies the duties of the Office of the Legislative Fiscal Analyst and the Office of the Legislative Auditor General related to government processes targeted for efficiency improvements;
• modifies the process by which an agency develops and reports performance measures;
• requires the Governor's Office of Management and Budget and the Office of the Legislative Fiscal Analyst to:
• establish a process to target certain government processes for efficiency improvements; and
• report annually regarding the status of the efficiency improvement process and any recommended changes;
• clarifies that the judicial department and the legislative department are not subject to certain performance reporting requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PERFORMANCE REPORTING AND EFFICIENCY REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
Don L. Ipson
Cosponsor:
Travis M. Seegmiller
LONG TITLE
General Description:
This bill modifies provisions related to government performance reporting and
efficiency requirements.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the duties of the Office of the Legislative Fiscal Analyst and the Office of
the Legislative Auditor General related to government processes targeted for
efficiency improvements;
▸ modifies the process by which an agency develops and reports performance
measures;
▸ requires the Governor's Office of Management and Budget and the Office of the
Legislative Fiscal Analyst to:
• establish a process to target certain government processes for efficiency
improvements; and
• report annually regarding the status of the efficiency improvement process and
any recommended changes;
▸ clarifies that the judicial department and the legislative department are not subject
to certain performance reporting requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-12-13
, as last amended by Laws of Utah 2018, Chapter 248
36-12-15
, as last amended by Laws of Utah 2020, Chapter 356
63I-1-263
, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
of Utah 2020, Chapter 360
63J-1-201
, as last amended by Laws of Utah 2020, Chapter 152
63J-1-602.2
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
ENACTS:
63J-1-901
, Utah Code Annotated 1953
63J-1-902
, Utah Code Annotated 1953
63J-1-903
, Utah Code Annotated 1953
63J-1-904
, Utah Code Annotated 1953
REPEALS:
36-24-101
, as last amended by Laws of Utah 2011, Chapter 342
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
36-12-13
 is amended to read:
36-12-13.
Office of the Legislative Fiscal Analyst established -- Powers, functions,
and duties -- Qualifications.
(1) There is established an Office of the Legislative Fiscal Analyst as a permanent staff
office for the Legislature.
(2) The powers, functions, and duties of the Office of the Legislative Fiscal Analyst
under the supervision of the fiscal analyst are:
(a) (i) to estimate general revenue collections, including comparisons of:
(A) current estimates for each major tax type to long-term trends for that tax type;
(B) current estimates for federal fund receipts to long-term federal fund trends; and
(C) current estimates for tax collections and federal fund receipts to long-term trends
deflated for the inflationary effects of debt monetization; and
(ii) to report the analysis required under Subsection (2)(a)(i) to the Legislature's
Executive Appropriations Committee before each annual general session of the Legislature;
(b) to analyze in detail the state budget before the convening of each legislative session
and make recommendations to the Legislature on each item or program appearing in the
budget, including:
(i) funding for and performance of programs, acquisitions, and services currently
undertaken by state government to determine whether each department, agency, institution, or
program should:
(A) continue at its current level of expenditure;
(B) continue at a different level of expenditure; or
(C) be terminated; and
(ii) increases or decreases to spending authority and other resource allocations for the
current and future fiscal years;
(c) to prepare on all proposed bills fiscal estimates that reflect:
(i) potential state government revenue impacts;
(ii) anticipated state government expenditure changes;
(iii) anticipated expenditure changes for county, municipal, local district, or special
service district governments; and
(iv) anticipated direct expenditure by Utah residents and businesses, including the unit
cost, number of units, and total cost to all impacted residents and businesses;
(d) to indicate whether each proposed bill will impact the regulatory burden for Utah
residents or businesses, and if so:
(i) whether the impact increases or decreases the regulatory burden; and
(ii) whether the change in burden is high, medium, or low;
(e) beginning in 2017 and repeating every three years after 2017, to prepare the
following cycle of analyses of long-term fiscal sustainability:
(i) in year one, the joint revenue volatility report required under Section 
63J-1-205
;
(ii) in year two, a long-term budget for programs appropriated from major funds and
tax types; and
(iii) in year three, a budget stress test comparing estimated future revenue to and
expenditure from major funds and tax types under various potential economic conditions;
(f) to report instances in which the administration may be failing to carry out the
expressed intent of the Legislature;
(g) to propose and analyze statutory changes for more effective operational economies
or more effective administration;
(h) to prepare, before each annual general session of the Legislature, a summary
showing the current status of the following as compared to the past nine fiscal years:
(i) debt;
(ii) long-term liabilities;
(iii) contingent liabilities;
(iv) General Fund borrowing;
(v) reserves;
(vi) fund and nonlapsing balances; and
(vii) cash funded capital investments;
(i) to make recommendations for addressing the items described in Subsection (2)(h) in
the upcoming annual general session of the Legislature;
(j) to prepare, after each session of the Legislature, a summary showing the effect of
the final legislative program on the financial condition of the state;
(k) to conduct organizational and management improvement studies 
in accordance
with Title 63J, Chapter 1, Part 9, Government Performance Reporting and Efficiency Process,
and legislative rule
;
(l) to prepare and deliver upon request of any interim committee or the Legislative
Management Committee, reports on the finances of the state and on anticipated or proposed
requests for appropriations;
(m) to recommend areas for research studies by the executive department or the interim
committees;
(n) to appoint and develop a professional staff within budget limitations;
(o) to prepare and submit the annual budget request for the office;
(p) to develop a taxpayer receipt:
(i) available to taxpayers through a website; and
(ii) that allows a taxpayer to view on the website an estimate of how the taxpayer's tax
dollars are expended for government purposes; and
(q) to publish or provide other information on taxation and government expenditures
that may be accessed by the public.
(3) The legislative fiscal analyst shall have a master's degree in public administration,
political science, economics, accounting, or the equivalent in academic or practical experience.
(4) In carrying out the duties provided for in this section, the legislative fiscal analyst
may obtain access to all records, documents, and reports necessary to the scope of the
legislative fiscal analyst's duties according to the procedures contained in Title 36, Chapter 14,
Legislative Subpoena Powers.
Section 2. Section 
36-12-15
 is amended to read:
36-12-15.
Office of the Legislative Auditor General established -- Qualifications --
Powers, functions, and duties.
(1) There is created an Office of 
the
 Legislative Auditor General as a permanent staff
office for the Legislature.
(2) The legislative auditor general shall be a licensed certified public accountant or
certified internal auditor with at least five years of experience in the auditing or public
accounting profession, or the equivalent, prior to appointment.
(3) The legislative auditor general shall appoint and develop a professional staff within
budget limitations.
(4) (a) The Office of the Legislative Auditor General shall exercise the constitutional
authority provided in Article VI, Sec. 33, Utah Constitution.
(b) Under the direction of the legislative auditor general, the office shall:
(i) conduct comprehensive and special purpose audits, examinations, and reviews of
any entity that receives public funds;
(ii) prepare and submit a written report on each audit, examination, or review to the
Legislative Management Committee, the audit subcommittee, and to all members of the
Legislature within 75 days after the audit or examination is completed; and
[
(iii) as provided in Section 
36-24-101
:
]
[
(A) monitor all new programs and agencies created during each Annual General
Session or Special Session of the Legislature;
]
[
(B) provide each new program and agency created with a list of best practices in
setting up their program or agency, including:
]
[
(I) policies;
]
[
(II) performance measures; and
]
[
(III) data collection;
]
[
(C) send each new program and agency:
]
[
(I) within one year after its creation, a survey instrument requesting a self evaluation
that includes policies, performance measures, and data collection; and
]
[
(II) within two years after its creation, a survey instrument requesting a self evaluation
that includes policies, performance measures, and data collection; and
]
[
(D) (I) using the new program or agency's response to the self evaluation survey
instruments, recommend to the legislative audit subcommittee that the office conduct an audit
of those new programs and agencies created on which questions have arisen as a result of the
response to the survey instrument and provide a limited scope audit report on those new
programs or agencies on which it receives direction to audit to the legislative interim
committee and to the legislative appropriations subcommittee with oversight responsibility for
that program or agency on or before the November interim meeting; and
]
[
(II) include within this limited scope audit report a recommendation as to whether the
program or agency is fulfilling its statutory guidelines and directives.
]
(iii) monitor and conduct a risk assessment of any efficiency evaluations in accordance
with Title 63J, Chapter 1, Part 9, Government Performance Reporting and Efficiency Process,
and legislative rule.
(5) The audit, examination, or review of any entity that receives public funds may
include a determination of any or all of the following:
(a) the honesty and integrity of all [
its
] 
the entity's
 fiscal affairs;
(b) the accuracy and reliability of [
its
] 
the entity's
 financial statements and reports;
(c) whether or not [
its
] 
the entity's
 financial controls are adequate and effective to
properly record and safeguard its acquisition, custody, use, and accounting of public funds;
(d) whether or not [
its
] 
the entity's
 administrators have faithfully adhered to legislative
intent;
(e) whether or not [
its
] 
the entity's
 operations have been conducted in an efficient,
effective, and cost efficient manner;
(f) whether or not [
its
] 
the entity's
 programs have been effective in accomplishing
intended objectives; and
(g) whether or not [
its
] 
the entity's
 management control and information systems are
adequate and effective.
(6) The Office of 
the
 Legislative Auditor General:
(a) (i) shall, notwithstanding any other provision of law, have access to all records,
documents, and reports of any entity that receives public funds that are necessary to the scope
of the duties of the legislative auditor general or the office; and
(ii) may issue a subpoena to obtain access as provided in Subsection (6)(a)(i) using the
procedures contained in Title 36, Chapter 14, Legislative Subpoena Powers;
(b) establish policies, procedures, methods, and standards of audit work for the office
and staff;
(c) prepare and submit each audit report without interference from any source relative
to the content of the report, the conclusions reached in the report, or the manner of disclosing
the results of the legislative auditor general's findings; and
(d) prepare and submit the annual budget request for the office.
(7) To preserve the professional integrity and independence of the office:
(a) no legislator or public official may urge the appointment of any person to the office;
and
(b) the legislative auditor general may not be appointed to serve on any board,
authority, commission, or other agency of the state during the legislative auditor general's term
as legislative auditor general.
(8) The following records in the custody or control of the legislative auditor general
shall be protected records under Title 63G, Chapter 2, Government Records Access and
Management Act:
(a) Records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental
employee if the information or allegation cannot be corroborated by the legislative auditor
general through other documents or evidence, and the records relating to the allegation are not
relied upon by the legislative auditor general in preparing a final audit report.
(b) Records and audit workpapers to the extent they would disclose the identity of a
person who during the course of a legislative audit, communicated the existence of any waste
of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected.
(c) Prior to the time that an audit is completed and the final audit report is released,
records or drafts circulated to a person who is not an employee or head of a governmental
entity for their response or information.
(d) Records that would disclose an outline or part of any audit survey plans or audit
program.
(e) Requests for audits, if disclosure would risk circumvention of an audit.
(f) The provisions of Subsections (8)(a), (b), and (c) do not prohibit the disclosure of
records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
(g) The provisions of this section do not limit the authority otherwise given to the
legislative auditor general to classify a document as public, private, controlled, or protected
under Title 63G, Chapter 2, Government Records Access and Management Act.
(9) The legislative auditor general shall:
(a) be available to the Legislature and to [
its
] 
the Legislature's
 committees for
consultation on matters relevant to areas of the legislative auditor general's professional
competence;
(b) conduct special audits as requested by the Legislative Management Committee;
(c) report immediately in writing to the Legislative Management Committee through its
audit subcommittee any apparent violation of penal statutes disclosed by the audit of a state
agency and furnish to the Legislative Management Committee all information relative to the
apparent violation;
(d) report immediately in writing to the Legislative Management Committee through
its audit subcommittee any apparent instances of malfeasance or nonfeasance by a state officer
or employee disclosed by the audit of a state agency; and
(e) make any recommendations to the Legislative Management Committee through its
audit subcommittee with respect to the alteration or improvement of the accounting system
used by any entity that receives public funds.
(10) If the legislative auditor general conducts an audit of a state agency that has
previously been audited and finds that the state agency has not implemented a recommendation
made by the legislative auditor general in a previous audit, the legislative auditor general shall,
upon release of the audit:
(a) report immediately in writing to the Legislative Management Committee through its
audit subcommittee that the state agency has not implemented that recommendation; and
(b) shall report, as soon as possible, that the state agency has not implemented that
recommendation to a meeting of an appropriate legislative committee designated by the audit
subcommittee of the Legislative Management Committee.
(11) (a) Prior to each annual general session, the legislative auditor general shall
prepare a summary of the audits conducted and of actions taken based upon them during the
preceding year.
(b) This report shall also set forth any items and recommendations that are important
for consideration in the forthcoming session, together with a brief statement or rationale for
each item or recommendation.
(c) The legislative auditor general shall deliver the report to the Legislature and to the
appropriate committees of the Legislature.
(12) (a) No person or entity may:
(i) interfere with a legislative audit, examination, or review of any entity conducted by
the office; or
(ii) interfere with the office relative to the content of the report, the conclusions
reached in the report, or the manner of disclosing the results and findings of the office.
(b) Any person or entity that violates the provisions of this Subsection (12) is guilty of
a class B misdemeanor.
(13) (a) Beginning July 1, 2020, the Office of the Legislative Auditor General may
require any current employee, or any applicant for employment, to submit to a
fingerprint-based local, regional, and criminal history background check as an ongoing
condition of employment.
(b) An employee or applicant for employment shall provide a completed fingerprint
card to the office upon request. The office shall require that an individual required to submit to
a background check under this subsection also provide a signed waiver on a form provided by
the office that meets the requirements of Subsection 
53-10-108
(4).
(c) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the office shall submit to the Bureau of Criminal Identification:
(i) the employee's or applicant's personal identifying information and fingerprints for a
criminal history search of applicable local, regional, and national databases; and
(ii) a request for all information received as a result of the local, regional, and
nationwide background check.
Section 3. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Subsection 
63A-1-201
(1) is repealed;
(b) Subsection 
63A-1-202
(2)(c), the language "using criteria established by the board"
is repealed;
(c) Section 
63A-1-203
 is repealed;
(d) Subsections 
63A-1-204
(1) and (2), the language "After consultation with the board,
and" is repealed; and
(e) Subsection 
63A-1-204
(1)(b), the language "using the standards provided in
Subsection 
63A-1-203
(3)(c)" is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
(11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
(14), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
(58), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(58), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
[
(4)
]
(5)
, referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
[
(5)
]
(6)
, referring to the Trip Reduction Program, is
repealed July 1, 2022.
(20) Subsection 
63J-1-602.2
[
(25)
]
(24)
, related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
(21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(22) Subsection 
63J-4-608
(3), which creates the Federal Land Application Advisory
Committee, is repealed on July 1, 2021.
(23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-1.1
 and related provisions in
Subsections 
77-18-1
(5)(b)(iii) and (iv).".
(24) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
(26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
(27) Subsection 
63N-1-301
(4)(c), related to the Talent Ready Utah Board, is repealed
January 1, 2023.
(28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
Council, is repealed July 1, 2024.
(29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(30) Section 
63N-2-512
 is repealed July 1, 2021.
(31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(32) Subsections 
63N-3-109
(2)(e) and 
63N-3-109
(2)(f)(i) are repealed July 1, 2023.
(33) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
July 1, 2023.
(34) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
2025.
(35) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2023.
(36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2023.
Section 4. Section 
63J-1-201
 is amended to read:
63J-1-201.
Governor's proposed budget to Legislature -- Contents -- Preparation
-- Appropriations based on current tax laws and not to exceed estimated revenues.
(1) The governor shall deliver, not later than 30 days before the date the Legislature
convenes in the annual general session, a confidential draft copy of the governor's proposed
budget recommendations to the Office of the Legislative Fiscal Analyst according to the
requirements of this section.
(2) (a) When submitting a proposed budget, the governor shall, within the first three
days of the annual general session of the Legislature, submit to the presiding officer of each
house of the Legislature:
(i) a proposed budget for the ensuing fiscal year;
(ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
with each change clearly itemized and classified; and
(iii) as applicable, a document showing proposed changes in estimated revenues that
are based on changes in state tax laws or rates.
(b) The proposed budget shall include:
(i) a projection of:
(A) estimated revenues by major tax type;
(B) 15-year trends for each major tax type;
(C) estimated receipts of federal funds;
(D) 15-year trends for federal fund receipts; and
(E) appropriations for the next fiscal year;
(ii) the source of changes to all direct, indirect, and in-kind matching funds for all
federal grants or assistance programs included in the budget;
(iii) changes to debt service;
(iv) a plan of proposed changes to appropriations and estimated revenues for the next
fiscal year that is based upon the current fiscal year state tax laws and rates and considers
projected changes in federal grants or assistance programs included in the budget;
(v) an itemized estimate of the proposed changes to appropriations for:
(A) the [
Legislative Department
] 
legislative department
 as certified to the governor by
the president of the Senate and the speaker of the House;
(B) the [
Executive Department
] 
executive department
;
(C) the [
Judicial Department
] 
judicial department
 as certified to the governor by the
state court administrator;
(D) changes to salaries payable by the state under the Utah Constitution or under law
for lease agreements planned for the next fiscal year; and
(E) all other changes to ongoing or one-time appropriations, including dedicated
credits, restricted funds, nonlapsing balances, grants, and federal funds;
(vi) for each line item, the average annual dollar amount of staff funding associated
with all positions that were vacant during the last fiscal year;
(vii) deficits or anticipated deficits;
(viii) the recommendations for each state agency for new full-time employees for the
next fiscal year, which shall also be provided to the director of the Division of Facilities
Construction and Management as required by Subsection 
63A-5b-501
(3);
(ix) a written description and itemized report submitted by a state agency to the
Governor's Office of Management and Budget under Section 
63J-1-220
, including:
(A) a written description and an itemized report provided at least annually detailing the
expenditure of the state money, or the intended expenditure of any state money that has not
been spent; and
(B) a final written itemized report when all the state money is spent;
(x) any explanation that the governor may desire to make as to the important features
of the budget and any suggestion as to methods for the reduction of expenditures or increase of
the state's revenue; and
(xi) information detailing certain fee increases as required by Section 
63J-1-504
.
(3) 
(a)
 [
For
] 
Except as provided in Subsection (3)(b), for
 the purpose of preparing and
reporting the proposed budget
, the governor
:
[
(a) The governor
]
(i)
 shall require the proper state officials, including all public and higher education
officials, all heads of executive and administrative departments and state institutions, bureaus,
boards, commissions, and agencies expending or supervising the expenditure of the state
money, and all institutions applying for state money and appropriations, to provide itemized
estimates of changes in revenues and appropriations[
.
]
;
[
(b) The governor
]
(ii)
 may require the persons and entities subject to Subsection (3)(a)
(i)
 to provide other
information under these guidelines and at times as the governor may direct, which may include
a requirement for program productivity and performance measures, where appropriate, with
emphasis on outcome indicators[
.
]
; and
[
(c) The governor
]
(iii)
 may require representatives of public and higher education, state departments and
institutions, and other institutions or individuals applying for state appropriations to attend
budget meetings.
(b) Subsections (3)(a)(ii) and (iii) do not apply to the judicial department or the
legislative department.
(4) (a) The Governor's Office of Management and Budget shall provide to the Office of
the
 Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the [
date
]
day on which
 the Legislature convenes in the annual general session, data, analysis, or requests
used in preparing the governor's budget recommendations, notwithstanding the restrictions
imposed on such recommendations by available revenue.
(b) The information under Subsection (4)(a) shall include:
(i) actual revenues and expenditures for the fiscal year ending the previous June 30;
(ii) estimated or authorized revenues and expenditures for the current fiscal year;
(iii) requested revenues and expenditures for the next fiscal year;
(iv) detailed explanations of any differences between the amounts appropriated by the
Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
(iii); 
and
[
(v) a statement of:
]
[
(A) agency and program objectives, effectiveness measures, and program size
indicators;
]
[
(B) the final status of the program objectives, effectiveness measures, and program
size indicators included in the appropriations act for the fiscal year ending the previous June
30; and
]
[
(C) the current status of the program objectives, effectiveness measures, and program
size indicators included in the appropriations act for the current fiscal year; and
]
[
(vi)
] 
(v)
 other budgetary information required by the Legislature in statute.
(c) The budget information under Subsection (4)(a) shall cover:
(i) all items of appropriation, funds, and accounts included in appropriations acts for
the current and previous fiscal years; and
(ii) any new appropriation, fund, or account items requested for the next fiscal year.
(d) The information provided under Subsection (4)(a) may be provided as a shared
record under Section 
63G-2-206
 as considered necessary by the Governor's Office of
Management and Budget.
(5) (a) In submitting the budget for the Department of Public Safety, the governor shall
include a separate recommendation in the governor's budget for maintaining a sufficient
number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
or below the number specified in Subsection 
32B-1-201
(2).
(b) If the governor does not include in the governor's budget an amount sufficient to
maintain the number of alcohol-related law enforcement officers described in Subsection
(5)(a), the governor shall include a message to the Legislature regarding the governor's reason
for not including that amount.
(6) (a) The governor may revise all estimates, except those relating to the [
Legislative
Department, the Judicial Department
] 
legislative department, the judicial department
, and those
providing for the payment of principal and interest to the state debt and for the salaries and
expenditures specified by the Utah Constitution or under the laws of the state.
(b) The estimate for the [
Judicial Department
] 
judicial department
, as certified by the
state court administrator, shall also be included in the budget without revision, but the governor
may make separate recommendations on the estimate.
(7) The total appropriations requested for expenditures authorized by the budget may
not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
fiscal year.
(8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
does not affect the budget itself or any other item in [
it
] 
the budget
.
Section 5. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1) The Legislature and the Legislature's committees.
(2) The State Board of Education, including all appropriations to agencies, line items,
and programs under the jurisdiction of the State Board of Education, in accordance with
Section 
53F-9-103
.
(3) The Percent-for-Art Program created in Section 
9-6-404
.
(4) The LeRay McAllister Critical Land Conservation Program created in Section
11-38-301
.
(5) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
(6) The Trip Reduction Program created in Section 
19-2a-104
.
(7) The Division of Wildlife Resources for the appraisal and purchase of lands under
the Pelican Management Act, as provided in Section 
23-21a-6
.
(8) The emergency medical services grant program in Section 
26-8a-207
.
(9) The primary care grant program created in Section 
26-10b-102
.
(10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
26-18-3
(7).
(11) The Utah Health Care Workforce Financial Assistance Program created in Section
26-46-102
.
(12) The Rural Physician Loan Repayment Program created in Section 
26-46a-103
.
(13) The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
(14) Funds that the Department of Alcoholic Beverage Control retains in accordance
with Subsection 
32B-2-301
(8)(a) or (b).
(15) The General Assistance program administered by the Department of Workforce
Services, as provided in Section 
35A-3-401
.
[
(16) A new program or agency that is designated as nonlapsing under Section
36-24-101
.
]
[
(17)
] 
(16)
 The Utah National Guard, created in Title 39, Militia and Armories.
[
(18)
] 
(17)
 The State Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
[
(19)
] 
(18)
 The Search and Rescue Financial Assistance Program, as provided in
Section 
53-2a-1102
.
[
(20)
] 
(19)
 The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
[
(21)
] 
(20)
 The Utah Board of Higher Education for teacher preparation programs, as
provided in Section 
53B-6-104
.
[
(22)
] 
(21)
 The Medical Education Program administered by the Medical Education
Council, as provided in Section 
53B-24-202
.
[
(23)
] 
(22)
 The Division of Services for People with Disabilities, as provided in
Section 
62A-5-102
.
[
(24)
] 
(23)
 The Division of Fleet Operations for the purpose of upgrading underground
storage tanks under Section 
63A-9-401
.
[
(25)
] 
(24)
 The Utah Seismic Safety Commission, as provided in Section 
63C-6-104
.
[
(26)
] 
(25)
 Appropriations to the Department of Technology Services for technology
innovation as provided under Section 
63F-4-202
.
[
(27)
] 
(26)
 The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
[
(28)
] 
(27)
 The Governor's Office of Economic Development to fund the Enterprise
Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
[
(29)
] 
(28)
 Appropriations to fund the Governor's Office of Economic Development's
Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
Employment Expansion Program.
[
(30)
] 
(29)
 Appropriations to fund programs for the Jordan River Recreation Area as
described in Section 
65A-2-8
.
[
(31)
] 
(30)
 The Department of Human Resource Management user training program, as
provided in Section 
67-19-6
.
[
(32)
] 
(31)
 A public safety answering point's emergency telecommunications service
fund, as provided in Section 
69-2-301
.
[
(33)
] 
(32)
 The Traffic Noise Abatement Program created in Section 
72-6-112
.
[
(34)
] 
(33)
 The Judicial Council for compensation for special prosecutors, as provided
in Section 
77-10a-19
.
[
(35)
] 
(34)
 A state rehabilitative employment program, as provided in Section
78A-6-210
.
[
(36)
] 
(35)
 The Utah Geological Survey, as provided in Section 
79-3-401
.
[
(37)
] 
(36)
 The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
[
(38)
] 
(37)
 Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
,
and 
78B-6-144.5
.
[
(39)
] 
(38)
 Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
Defense Commission.
[
(40)
] 
(39)
 The program established by the Division of Facilities Construction and
Management under Section 
63A-5b-703
 under which state agencies receive an appropriation
and pay lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
Section 6. Section 
63J-1-901
 is enacted to read:
Part 9. Government Performance Reporting and Efficiency Process
 63J-1-901.
Title.
This part is known as "Government Performance Reporting and Efficiency Process."
Section 7. Section 
63J-1-902
 is enacted to read:
 63J-1-902.
Definitions.
As used in this part:
(1) "Appropriated entity" means any entity that receives state funds.
(2) "Funding item" means an increase to an agency's state funding that:
(a) is $10,000 or more; and
(b) results from action during a legislative session.
(3) "Performance measure" means a program objective, effectiveness measure,
program size indicator, or other related measure.
(4) "Product or service" means an appropriated entity's final output or outcome.
(5) "Government process" means a set of functions and procedures by which an
appropriated entity creates a product or service.
Section 8. Section 
63J-1-903
 is enacted to read:
 63J-1-903.
Performance measure and funding item reporting.
(1) The Governor's Office of Management and Budget and the Office of the Legislative
Fiscal Analyst may develop an information system to collect, track, and publish agency
performance measures.
(2) Each executive department agency shall:
(a) in consultation with the Governor's Office of Management and Budget and the
Office of the Legislative Fiscal Analyst, develop performance measures to include in an
appropriations act for each fiscal year; and
(b) on or before October 1 of each calendar year, provide to the Governor's Office of
Management and Budget and the Office of the Legislative Fiscal Analyst:
(i) any recommendations for legislative changes for the next fiscal year to the agency's
previously adopted performance measures; and
(ii) a report of the final status of the agency's performance measures included in the
appropriations act for the fiscal year ending the previous June 30.
(3) Each judicial department agency shall:
(a) develop performance measures to include in an appropriations act for each fiscal
year; and
(b) annually submit to the Office of the Legislative Fiscal Analyst a report that
contains:
(i) any recommendations for legislative changes for the next fiscal year to the agency's
previously adopted performance measures; and
(ii) the final status of the agency's performance measures included in the appropriations
act for the fiscal year ending the previous June 30.
(4) For each funding item, the executive department agency shall provide to the
Governor's Office of Management and Budget and the Office of the Legislative Fiscal Analyst:
(a) within 60 days after the day on which the Legislature adjourns a legislative session
sine die:
(i) one or more proposed performance measures developed in consultation with the
Governor's Office of Management and Budget and the Office of the Legislative Fiscal Analyst;
and
(ii) a target for each performance measure described in Subsection (4)(a)(i); and
(b) on or before August 15 of each year after the close of the fiscal year in which the
funding item was first funded, a report that includes:
(i) the status of each performance measure relative to the measure's target as described
in Subsection (4)(a);
(ii) the actual amount the agency spent, if any, on the funding item; and
(iii) (A) the month and year in which the agency implemented the program or project
associated with the funding item; or
(B) if the program or project associated with the funding item is not fully implemented,
the month and year in which the agency anticipates fully implementing the program or project
associated with the funding item.
(5) The Office of the Legislative Fiscal Analyst shall report the relevant performance
measure information described in this section to the Executive Appropriations Committee and
the appropriations subcommittees, as appropriate.
Section 9. Section 
63J-1-904
 is enacted to read:
 63J-1-904.
Efficiency improvement process.
(1) By May 1, 2022, the Governor's Office of Management and Budget and the Office
of the Legislative Fiscal Analyst shall jointly establish a process that identifies and prioritizes
government processes to target for efficiency improvements.
(2) The Governor's Office of Management and Budget and the Office of the Legislative
Fiscal Analyst shall ensure that the efficiency improvement process described in Subsection (1)
addresses the following:
(a) the roles of the Governor's Office of Management and Budget and the Office of the
Legislative Fiscal Analyst throughout the efficiency improvement process;
(b) how to collaborate with an appropriated entity in the development of the
appropriated entity's performance measures under Section 
63J-1-903
;
(c) how to evaluate the results of an appropriated entity's performance measures,
including identifying which performance measures that an appropriated entity may want to
retain, modify, or discontinue;
(d) the process by which an appropriated entity's government process is selected for an
efficiency evaluation;
(e) the criteria and methodology used for an efficiency evaluation;
(f) whether to provide any rewards or incentives for an appropriated entity to
implement recommendations from an efficiency evaluation;
(g) whether to create a formal or informal committee that advises the efficiency
improvement process; and
(h) the process by which the Governor's Office of Management and Budget and the
Office of the Legislative Fiscal Analyst notify the Office of the Legislative Auditor General
when an efficiency evaluation is completed.
(3) (a) The Office of the Legislative Auditor General shall independently review the
results of each efficiency evaluation conducted under this section.
(b) If, based on the review described in Subsection (3)(a), the Office of the Legislative
Auditor General determines further review is necessary, the Office of the Legislative Auditor
General shall:
(i) conduct a risk assessment; and
(ii) provide the results of the risk assessment to the Audit Subcommittee created in
Section 
36-12-8
.
(4) Beginning in 2021 and each calendar year thereafter, the Governor's Office of
Management and Budget and the Office of the Legislative Fiscal Analyst shall, before
December 31, report to the governor and the Legislative Management Committee, respectively,
regarding the status of the efficiency improvement process and recommended changes, if any.
(5) The efficiency improvement process described in this section does not apply to a
legislative department government process.
Section 10. 
Repealer.
This bill repeals:
Section 
36-24-101
,
Review of new programs and agencies.