FY 2016 Appropriation

The executive power of the state is vested in the Governor, who must see that state laws are faithfully executed. The Governor is the Commander-in-Chief of the State's military forces. The Governor transacts executive business on behalf of the state. With respect to the Legislature, the Governor calls special sessions, acts upon passed legislation, fills vacancies, and annually submits a budget. The Governor also appoints state agency leadership positions and judges. The Governor is the designated communicator between the state and other states and the federal government. The Governor also serves on the Board of Examiners.

Funding History

Funding Issues

Factual Innocence Payments - FY15

As established in the Judicial Code, payments shall be made to petitioners who have been found to be factually innocent. The petitioner is entitled to receive for each year or portion of a year they were incarcerated, up to a maximum of 15 years, the monetary equivalent of the average annual nonagricultural payroll wage in Utah, as determined by the date most recently published by the Department of Workforce Services at the time of the petitioner's release from prison. These payments cover two factual innocence cases.

Factual Innocence Payments - FY16

As established in the Judicial Code, payments shall be made to petitioners who have been found to be factually innocent. The petitioner is entitled to receive for each year or portion of a year they were incarcerated, up to a maximum of 15 years, the monetary equivalent of the average annual nonagricultural payroll wage in Utah, as determined by the date most recently published by the Department of Workforce Services at the time of the petitioner's release from prison. These payments cover two factual innocence cases.
Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $74,555,600 from all sources for Governor's Office. This is a 64 percent increase from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $31,902,200 from the General/Education Funds, an increase of 153.3 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Asset Forfeiture Amendments$0$36,000
OngoingOne-TimeFinancing Source
$0$36,000GFR - Criminal Forfeiture Restricted Account
Enactment of this legislation likely will not materially impact state revenue. Enactment of this legislation could cost the Commission on Criminal and Juvenile Justice $36,000 one-time in FY16 from the Criminal Forfeiture Restricted Account, for computer programming on the Utah Criminal Justice Information System. Costs associated with new reporting requirements for state law enforcement agencies and the Commission on Criminal and Juvenile Justice could likely be absorbed in the normal course of duties.
Body Cameras$0$1,000,000
OngoingOne-TimeFinancing Source
$0$1,000,000GFR - Criminal Forfeiture Restricted Account
This funding would provide body cameras to Utah Highway Patrol personnel through out the state. Funding would cover the purchase of equipment (approx. $500 per officer) and development of storage for recorded video. Funds would be drawn from the State Criminal Forfeiture Restricted Account.
Enterprise Performance Fund$0$300,000
OngoingOne-TimeFinancing Source
$0$300,000General Fund, One-time
This funding would be provided to contracted consultants that support the Governor's operational excellence program.
Executive Compensation$123,100 ($123,100)
OngoingOne-TimeFinancing Source
$90,700$0General Fund
$0 ($90,700)General Fund, One-time
$32,400 ($32,400)Dedicated Credits Revenue
H.B. 368 - Executive Office Compensation (Rep. Wilson) Increases Governor salary from $109,900 to $150,000 beginning Jan. 2017. Also adjusts salary for Lt. Governor, Attorney General, State Treasurer, and State Auditor (as a percentage of the Governor's salary). Fiscal note is $184,900 ongoing GF and $32,400 from dedicated credits, but due to the delayed implementation, 100% would be backed out one-time for FY 2016 and 50% would be backed out one-time for FY 2017.
Factual Innocence Payments - FY15$0$118,200
OngoingOne-TimeFinancing Source
$0$118,200General Fund, One-time
As established in the Judicial Code, payments shall be made to petitioners who have been found to be factually innocent. The petitioner is entitled to receive for each year or portion of a year they were incarcerated, up to a maximum of 15 years, the monetary equivalent of the average annual nonagricultural payroll wage in Utah, as determined by the date most recently published by the Department of Workforce Services at the time of the petitioner's release from prison. These payments cover two factual innocence cases.
Factual Innocence Payments - FY16$0$60,200
OngoingOne-TimeFinancing Source
$0$60,200General Fund, One-time
As established in the Judicial Code, payments shall be made to petitioners who have been found to be factually innocent. The petitioner is entitled to receive for each year or portion of a year they were incarcerated, up to a maximum of 15 years, the monetary equivalent of the average annual nonagricultural payroll wage in Utah, as determined by the date most recently published by the Department of Workforce Services at the time of the petitioner's release from prison. These payments cover two factual innocence cases.
Federal Fund Carryover from FY14$0$111,300
OngoingOne-TimeFinancing Source
$0$111,300Federal Funds
Defense Human Resources Activity and Help America Vote Grants. Carried $161,200 over from FY14 that was unused. Lt Gov Help America Vote grant was only $50,000 instead of $80,500. Total amount of $211,300 with a difference from FY15 Appr of $111,300. The Defense Human Resources Activity grant money was and is being used for a pilot project through 2016 to test different types of electronic voting for military and overseas voters and to report the data collections.
Governor's Office Operations$210,000$0
OngoingOne-TimeFinancing Source
$210,000$0General Fund
This ongoing funding for Governor's Office Operations would support increasing constituent demands and internal needs related to communications and technology.
Halfway House Enforcement Support$0$450,000
OngoingOne-TimeFinancing Source
$0$450,000GFR - Law Enforcement Services
Funds from the General Fund Restricted Account - Law Enforcement Services would be passed through to local law enforcement jurisdictions with halfway houses, to support operations.
Jail Reimbursement Rate$0$2,000,000
OngoingOne-TimeFinancing Source
$0$2,000,000General Fund, One-time
Money would be used to increase the state's cost share percentage for housing state offenders in local jails.
Jail Reimbursement Shift$12,967,100$0
OngoingOne-TimeFinancing Source
$12,967,100$0General Fund
Move Jail Reimbursement from DAS - Finance Mandated to Governor's Office - Commission on Criminal and Juvenile Justice.
Justice Reinvestment Initiative$2,468,200$380,000
OngoingOne-TimeFinancing Source
$2,468,200$0General Fund
$0$380,000General Fund, One-time
Over the past 18 months, leaders in state government collaborated with the Pew Charitable Trusts Public Safety Performance Project and the U.S. Department of Justice to examine and find solutions to Utah's recidivism rate and growing prison population. The Justice Reinvestment Initiative is the broad project to begin implementation of key recommendations from the study. Funding is provided for the Department of Corrections, Board of Pardons and Parole, Governor's Office (Commission on Criminal and Juvenile Justice); additional funding is provided for the Division of Substance Abuse and Mental Health.
LeRay McCallister Fund - Sage Grouse Habitat$0$1,000,000
OngoingOne-TimeFinancing Source
$0$1,000,000General Fund, One-time
This RFA is for conservation easements through the LeRay McAllister Fund, specifically for the protection of sage grouse habitats. This RFA is sponsored by Rep. Jack Draxler.
Lobbyist Disclosure and Regulation Act Amendments$25,000$0
OngoingOne-TimeFinancing Source
$25,000$0Dedicated Credits Revenue
Enactment of this legislation will reduce ongoing revenue to the General Fund beginning in FY 2016 and will increase Dedicated Credits revenue by the same amount. The decrease to the General Fund and corresponding increase to Dedicated Credits will vary on a two-year cycle based on when lobbyist registrations occur, with approximately $15,000 in even-numbered years and $35,000 in odd-numbered years, or $25,000 on average. Enactment of this legislation likely will not materially impact state expenditures.
Operational Excellence Conference Fees$26,000$26,000
OngoingOne-TimeFinancing Source
$26,000$26,000Dedicated Credits Revenue
The Governor's Office requests authority to collect dedicated credits from their Operational Excellence/SUCCESS conferences. Previously this line item was appropriated $0 from dedicated credits. This request is for both FY15 supplemental and FY16 ongoing.
Pay for Success - Corrections$0$500,000
OngoingOne-TimeFinancing Source
$0$500,000General Fund, One-time
In 2014, leaders in State government collaborated with the Pew Charitable Trusts Public Safety Performance Project and the U.S. Department of Justice to examine and find solutions to Utah's growing prison population and high recidivism rate. The Justice Reinvestment Initiative is the broad project to begin implementation of key recommendations from the study. The Governor's Budget includes funding for a new pilot program that would fund investor contracts that deliver successful Corrections outcomes.
Police Use-of-Force Training/Simulator$0$300,000
OngoingOne-TimeFinancing Source
$0$300,000GFR - Criminal Forfeiture Restricted Account
No Description
Privatization Board$0$150,000
OngoingOne-TimeFinancing Source
$0$150,000General Fund, One-time
This is the third year of one-time funding requested for the Privatization Board. The Governor would like to operate the Board for one additional year to determine if it is of value.
Public Lands Litigation Shift ($879,500)$0
OngoingOne-TimeFinancing Source
($879,500)$0Beginning Nonlapsing
Shifting the line item and all funding from the Governor's Office to PLPCO.
Staffing for Lt. Governor's Office$0$250,000
OngoingOne-TimeFinancing Source
$0$250,000General Fund, One-time
These funds will be used to implement changes to election law from S.B. 54, 2014 General Session. Funds will be used to purchase necessary equipment, rent space for staff and equipment, hire temporary staff for signature verification, transport and store an estimated 300,000 - 1,000,000 signatures, and make IT system changes to support random sampling verification techniques.
Transportation Planning$0$140,000
OngoingOne-TimeFinancing Source
$0$140,000General Fund, One-time
This RFA is for coordinated statewide transportation planning by the Wasatch Front Regional Council and Mountainland Association of Governments, passed through the Governor's Office. This RFA is sponsored by Sen. Stuart Adams.
Victims of Crime Act Federal Grants$13,900,000$0
OngoingOne-TimeFinancing Source
$13,900,000$0Federal Funds
The federal Crime Victim Fund collects fines and penalties from those convicted of federal criminal offenses. Funds are then distributed to state agencies and subawarded to local agencies and nonprofits. Congress recently increased the appropriations from this fund from $745M to $2.36B, making an additional $13.9M available for Utah. These funds would support crime victim-centered services throughout the State.

Statute

Legal authority for the Office of Governor is granted by the State Constitution and several statutes. Principal sections include:

  • Utah Constitution, Article VII, "Executive Department" provides the qualifications, powers, and duties of the Governor and Lt. Governor;
  • UCA 67-1, "Governor" lists official duties and powers of the office;
  • UCA 67-1a, "Lieutenant Governor" lists official duties of that office;
  • Several sections of code require the Governor to appoint agency directors, judges, board members, commissioners, and so forth;
  • UCA 63G-9-201 Appoints the Governor, State Auditor and Attorney General to the Board of Examiners;
  • UCA 20A-1-503 and 504 require the Governor to fill vacancies in the House of Representatives, Senate, Attorney General, State Treasurer, State Auditor, and Lt. Governor until the next general election;
  • UCA 20A provides for the Lt. Governor to oversee referenda, initiatives, elections, and lobbying.

The Governor's Office budget funds the Governor's appointed staff as well as statewide functions including elections, planning, and budget. Appropriations are divided into eight line items:

  1. The Governor's Office
  2. Public Lands Litigation
  3. Character Education
  4. The Governor's Emergency Fund
  5. The Governor's Office of Management and Budget (GOMB)
  6. The LeRay McAllister Critical Land Conservation Program
  7. The Commission on Criminal and Juvenile Justice (CCJJ)
  8. The Office of Energy Development (OED)

While OED is a line item in the Governor's Office, its budget is reviewed in the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee. For this reason, the OED budget and related issues are not summarized here.

Intent Language

HB0003: Item 1

Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Governor's Office in Item 13, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.


HB0003: Item 2

Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Governor's Office - Character Education in Item 15, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.


HB0003: Item 3

Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Governor's Office - Emergency Fund in Item 16, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.


HB0003: Item 4

Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Governor's Office of Management and Budget in Item 17, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.


HB0003: Item 5

Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Governor's Office Quality Growth Commission - LeRay McAllister in Item 18, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.


HB0003: Item 6

Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Commission on Criminal and Juvenile Justice in Item 19, Chapter 14, Laws of Utah 2014 not lapse at the close of Fiscal Year 2015.


HB0003: Item 7

Under section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided to the Commission on Criminal and Juvenile Justice for Factual Innocence Payments not lapse at the close of Fiscal Year 2015. Factual Innocence Payments are set in statute in section 78B-9-405(2)b.


SB0002: Item 4

The Legislature intends that funds appropriated to the LeRay McAllister Critical Land Conservation Program in FY 2016 be used exclusively for protection of sage grouse habitat.


SB0003: Item 38

The Legislature intends that funding provided for Sage Grouse Habitat in this item and in Item 4, Senate Bill 2, 2015 General Session shall be used on private lands listed in the Utah Sage Grouse Plan. The Legislature further intends that no more than five percent of each grant issued from this appropriation may be used for administrative costs.


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COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.