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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the annual reporting requirements of the
11 Department of Workforce Services, the Governor's Office of Economic Development,
12 and the Governor's Office of Management and Budget.
13 Highlighted Provisions:
14 This bill:
15 ▸ requires that the Department of Workforce Services, the Governor's Office of
16 Economic Development, and the Governor's Office of Management and Budget
17 provide in their annual reports data and metrics that are consistent and comparable
18 for each state operation, activity, program, or service that primarily involves
19 employment training or placement, as determined by the executive directors of the
20 three departments or offices named above.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 35A-1-109, as enacted by Laws of Utah 2014, Chapter 371
28 35A-1-201, as last amended by Laws of Utah 2014, Chapter 371
29 63J-4-301, as last amended by Laws of Utah 2013, Chapter 310
30 63J-4-708, as enacted by Laws of Utah 2017, Chapter 253
31 63N-1-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
32 63N-1-301, as renumbered and amended by Laws of Utah 2015, Chapter 283
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 35A-1-109 is amended to read:
36 35A-1-109. Annual report -- Content -- Format.
37 (1) The department shall prepare and submit to the governor and the Legislature, by
38 October 1 of each year, an annual written report of the operations, activities, programs, and
39 services of the department, including its divisions, offices, boards, commissions, councils, and
40 committees, for the preceding fiscal year.
41 (2) For each operation, activity, program, or service provided by the department, the
42 annual report shall include:
43 (a) a description of the operation, activity, program, or service;
44 (b) data and metrics:
45 (i) selected and used by the department to measure progress, performance, and scope of
46 the operation, activity, program, or service, including summary data; and
47 (ii) that are consistent and comparable for each state operation, activity, program, or
48 service that primarily involves employment training or placement as determined by the
49 executive directors of the department, the Governor's Office of Economic Development, and
50 the Governor's Office of Management and Budget;
51 (c) budget data, including the amount and source of funding, expenses, and allocation
52 of full-time employees for the operation, activity, program, or service;
53 (d) historical data from previous years for comparison with data reported under
54 Subsections (2)(b) and (c);
55 (e) goals, challenges, and achievements related to the operation, activity, program, or
56 service;
57 (f) relevant federal and state statutory references and requirements;
58 (g) contact information of officials knowledgeable and responsible for each operation,
59 activity, program, or service; and
60 (h) other information determined by the department that:
61 (i) may be needed, useful, or of historical significance; or
62 (ii) promotes accountability and transparency for each operation, activity, program, or
63 service with the public and elected officials.
64 (3) The annual report shall be designed to provide clear, accurate, and accessible
65 information to the public, the governor, and the Legislature.
66 (4) The department shall:
67 (a) submit the annual report in accordance with Section 68-3-14; and
68 (b) make the annual report, and previous annual reports, accessible to the public by
69 placing a link to the reports on the department's website.
70 Section 2. Section 35A-1-201 is amended to read:
71 35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
72 Qualifications -- Responsibilities -- Deputy directors.
73 (1) (a) The chief administrative officer of the department is the executive director, who
74 is appointed by the governor with the consent of the Senate.
75 (b) The executive director serves at the pleasure of the governor.
76 (c) The executive director shall receive a salary established by the governor within the
77 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
78 (d) The executive director shall be experienced in administration, management, and
79 coordination of complex organizations.
80 (2) The executive director shall:
81 (a) administer and supervise the department in compliance with Title 67, Chapter 19,
82 Utah State Personnel Management Act;
83 (b) supervise and coordinate between the economic service areas and directors created
84 under Chapter 2, Economic Service Areas;
85 (c) coordinate policies and program activities conducted through the divisions and
86 economic service areas of the department;
87 (d) approve the proposed budget of each division, the Workforce Appeals Board, and
88 each economic service area within the department;
89 (e) approve all applications for federal grants or assistance in support of any
90 department program; [
91 (f) coordinate with the executive directors of the Governor's Office of Economic
92 Development and the Governor's Office of Management and Budget to identify data and
93 metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
94 [
95 governor that are not inconsistent with this title.
96 (3) The executive director may appoint deputy or assistant directors to assist the
97 executive director in carrying out the department's responsibilities.
98 (4) The executive director shall at least annually provide for the sharing of information
99 between the advisory councils established under this title.
100 Section 3. Section 63J-4-301 is amended to read:
101 63J-4-301. Duties of the executive director and office.
102 (1) The executive director and the office shall:
103 (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
104 Procedures Act;
105 (b) under the direct supervision of the governor, assist the governor in the preparation
106 of the governor's budget recommendations;
107 (c) advise the governor with regard to approval or revision of agency work programs as
108 specified in Section 63J-1-209;
109 (d) establish benchmarking practices for measuring operational costs, quality of
110 service, and effectiveness across all state agencies and programs;
111 (e) assist agencies with the development of an operational plan that uses continuous
112 improvement tools and operational metrics to increase statewide capacity and improve
113 interagency integration;
114 (f) review and assess agency budget requests and expenditures using a clear set of goals
115 and measures;
116 (g) develop and maintain enterprise portfolio and electronic information systems to
117 select and oversee the execution of projects, ensure a return on investment, and trace and report
118 performance metrics; [
119 (h) coordinate with the executive directors of the Department of Workforce Services
120 and the Governor's Office of Economic Development to identify data and metrics to be
121 reported to the Legislature as described in Subsection 63J-4-708(2)(d); and
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123 (2) (a) The executive director of the Governor's Office of Management and Budget or
124 the executive director's designee is the Federal Assistance Management Officer.
125 (b) In acting as the Federal Assistance Management Officer, the executive director or
126 designee shall:
127 (i) study the administration and effect of federal assistance programs in the state and
128 advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
129 the Executive Appropriations Committee, of alternative recommended methods and procedures
130 for the administration of these programs;
131 (ii) assist in the coordination of federal assistance programs that involve or are
132 administered by more than one state agency; and
133 (iii) analyze and advise on applications for new federal assistance programs submitted
134 to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
135 Section 4. Section 63J-4-708 is amended to read:
136 63J-4-708. Reporting.
137 (1) On or before October 1, the board shall provide an annual written report to the
138 Social Services Appropriations Subcommittee and the Economic Development and Workforce
139 Services Interim Committee.
140 (2) The written report shall include:
141 (a) information regarding the fiscal intermediary, the programmatic intermediary, the
142 eligible program provider, and the independent evaluator that have been selected;
143 (b) the results of the feasibility analysis conducted in accordance with Section
144 63J-4-706;
145 (c) information regarding how many eligible participants have been served by the
146 education, employability training, and workforce placement program;
147 (d) data and metrics:
148 (i) used to measure the progress, performance, and scope of the Employability to
149 Careers Program, including summary data; and
150 (ii) that are consistent and comparable for each state operation, activity, program, or
151 service that primarily involves employment training or placement as determined by the
152 executive directors of the office, the Department of Workforce Services, and the Governor's
153 Office of Economic Development;
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155 to the intermediary and the cost to the state for each successful eligible participant outcome;
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158 Employability to Careers Program, including whether the program should continue to receive
159 funding from the state.
160 Section 5. Section 63N-1-203 is amended to read:
161 63N-1-203. Powers and duties of executive director.
162 (1) Unless otherwise expressly provided by statute, the executive director may organize
163 the office in any appropriate manner, including the appointment of deputy directors of the
164 office.
165 (2) The executive director may consolidate personnel and service functions for
166 efficiency and economy in the office.
167 (3) The executive director, with the approval of the governor:
168 (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
169 Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
170 (b) may enter into a lawful contract or agreement with another state, a chamber of
171 commerce organization, a service club, or a private entity; and
172 (c) shall annually prepare and submit to the governor a budget of the office's financial
173 requirements.
174 (4) With the governor's approval, if a federal program requires the expenditure of state
175 funds as a condition for the state to participate in a fund, property, or service, the executive
176 director may expend necessary funds from money provided by the Legislature for the use of the
177 office.
178 (5) The executive director shall coordinate with the executive directors of the
179 Department of Workforce Services and the Governor's Office of Management and Budget to
180 identify data and metrics to be reported to the Legislature as described in Subsection
181 63N-1-301(2)(b).
182 Section 6. Section 63N-1-301 is amended to read:
183 63N-1-301. Annual report -- Content -- Format.
184 (1) The office shall prepare and submit to the governor and the Legislature, by October
185 1 of each year, an annual written report of the operations, activities, programs, and services of
186 the office, including the divisions, sections, boards, commissions, councils, and committees
187 established under this title, for the preceding fiscal year.
188 (2) For each operation, activity, program, or service provided by the office, the annual
189 report shall include:
190 (a) a description of the operation, activity, program, or service;
191 (b) data and metrics:
192 (i) selected and used by the office to measure progress, performance, and scope of the
193 operation, activity, program, or service, including summary data; and
194 (ii) that are consistent and comparable for each state operation, activity, program, or
195 service that primarily involves employment training or placement as determined by the
196 executive directors of the office, the Department of Workforce Services, and the Governor's
197 Office of Management and Budget;
198 (c) budget data, including the amount and source of funding, expenses, and allocation
199 of full-time employees for the operation, activity, program, or service;
200 (d) historical data from previous years for comparison with data reported under
201 Subsections (2)(b) and (c);
202 (e) goals, challenges, and achievements related to the operation, activity, program, or
203 service;
204 (f) relevant federal and state statutory references and requirements;
205 (g) contact information of officials knowledgeable and responsible for each operation,
206 activity, program, or service; and
207 (h) other information determined by the office that:
208 (i) may be needed, useful, or of historical significance; or
209 (ii) promotes accountability and transparency for each operation, activity, program, or
210 service with the public and elected officials.
211 (3) The annual report shall be designed to provide clear, accurate, and accessible
212 information to the public, the governor, and the Legislature.
213 (4) The office shall:
214 (a) submit the annual report in accordance with Section 68-3-14; and
215 (b) make the annual report, and previous annual reports, accessible to the public by
216 placing a link to the reports on the office's website.
Legislative Review Note
Office of Legislative Research and General Counsel