NATIONAL GUARD, VETERANS AFFAIRS,

AND LEGISLATURE BASE BUDGET

2021 GENERAL SESSION

STATE OF UTAH

Chief Sponsor: Bradley G. Last

Senate Sponsor: Jerry W. Stevenson

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LONG TITLE
General Description:
     This bill supplements or reduces appropriations otherwise provided for the support and operation of state government for the fiscal year beginning July 1, 2020 and ending June 30, 2021 and appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2021 and ending June 30, 2022.
Highlighted Provisions:
     This bill:
     ▸     provides appropriations for the use and support of certain state agencies;
     ▸     provides appropriations for other purposes as described.
Money Appropriated in this Bill:
     This bill appropriates $646,200 in operating and capital budgets for fiscal year 2021, including:
     ▸     $33,800 from the General Fund; and
     ▸     $612,400 from various sources as detailed in this bill.
     This bill appropriates ($126,200) in expendable funds and accounts for fiscal year 2021.
     This bill appropriates ($9,500) in restricted fund and account transfers for fiscal year 2021.
     This bill appropriates $110,706,600 in operating and capital budgets for fiscal year 2022, including:
     ▸     $47,972,700 from the General Fund; and
     ▸     $62,733,900 from various sources as detailed in this bill.
     This bill appropriates $44,146,400 in expendable funds and accounts for fiscal year 2022.
     This bill appropriates $0 in restricted fund and account transfers for fiscal year 2022, including:
     ▸     $9,500 from the General Fund; and
     ▸     ($9,500) from various sources as detailed in this bill.
     This bill appropriates $12,000,000 in fiduciary funds for fiscal year 2022, all of which is from the General Fund.
Other Special Clauses:
     Section 1 of this bill takes effect immediately. Section 2 of this bill takes effect on July 1, 2021.
Utah Code Sections Affected:
     ENACTS UNCODIFIED MATERIAL
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Be it enacted by the Legislature of the state of Utah:
     Section 1. FY 2021 Appropriations. The following sums of money are appropriated for the fiscal year beginning July 1, 2020 and ending June 30, 2021. These are additions to amounts otherwise appropriated for fiscal year 2021.
     Subsection 1(a). Operating and Capital Budgets. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following sums of money from the funds or accounts indicated for the use and support of the government of the state of Utah.
Capitol Preservation Board
Item 1
     To Capitol Preservation Board
     Under terms of Section 63J-1-603(3)(a) Utah Code Annotated, the Legislature intends that appropriations provided for the Capitol Preservation Board in item 13, Chapter 11, Laws of Utah 2020 not lapse at the close of Fiscal Year 2021. Use of any nonlapsing funds is limited to one-time operations costs.
Legislature
Item 2
     To Legislature - Senate
From General Fund, One-Time
(135,700)

From Beginning Nonlapsing Balances
102,300

From Closing Nonlapsing Balances
(37,900)

Schedule of Programs:
Administration
(71,300)

     Of the appropriations provided by this item, $800 is to implement the provisions of Native American Legislative Liaison Committee Amendments (Senate Bill 13, 2020 General Session), $3,200 is to implement the provisions of Murdered and Missing Indigenous Women and Girls Task Force (House Bill 116, 2020 General Session), $1,600 is to implement the provisions of Labor Commission Amendments (House Bill 15, 2020 General Session), $4,000 is to implement the provisions of Higher Education Amendments (Senate Bill 111, 2020 General Session), and $2,800 is to implement the provisions of Digital Wellness, Citizenship, and Safe Technology Commission (House Bill 372, 2020 General Session).
Item 3
     To Legislature - House of Representatives
From General Fund, One-Time
(182,200)

From Beginning Nonlapsing Balances
(96,100)

From Closing Nonlapsing Balances
305,000

Schedule of Programs:
Administration
26,700

     Of the appropriations provided by this item, $1,600 is to implement the provisions of Native American Legislative Liaison Committee Amendments (Senate Bill 13, 2020 General Session), $3,200 is to implement the provisions of Murdered and Missing Indigenous Women and Girls Task Force (House Bill 116, 2020 General Session), $1,600 is to implement the provisions of Labor Commission Amendments (House Bill 15, 2020 General Session), $4,000 is to implement the provisions of Higher Education Amendments (Senate Bill 111, 2020 General Session), and $2,800 is to implement the provisions of Digital Wellness, Citizenship, and Safe Technology Commission (House Bill 372, 2020 General Session).
Item 4
     To Legislature - Office of Legislative Research and General Counsel
From General Fund, One-Time
(1,403,100)

From Beginning Nonlapsing Balances
1,184,300

From Closing Nonlapsing Balances
(725,800)

Schedule of Programs:
Administration
(944,600)

     Of the appropriations provided by this item, $2,800 is to implement the provisions of Murdered and Missing Indigenous Women and Girls Task Force (House Bill 116, 2020 General Session), $1,200 is to implement the provisions of Higher Education Amendments (Senate Bill 111, 2020 General Session), and $4,200 is to implement the provisions of Digital Wellness, Citizenship, and Safe Technology Commission (House Bill 372, 2020 General Session).
Item 5
     To Legislature - Office of the Legislative Fiscal Analyst
From General Fund, One-Time
(166,900)

From Beginning Nonlapsing Balances
143,600

From Closing Nonlapsing Balances
(80,400)

Schedule of Programs:
Administration and Research
(103,700)

Item 6
     To Legislature - Office of the Legislative Auditor General
From General Fund, One-Time
(137,500)

From Beginning Nonlapsing Balances
335,400

From Closing Nonlapsing Balances
(279,000)

Schedule of Programs:
Administration
(81,100)

Item 7
     To Legislature - Legislative Services
From General Fund, One-Time
2,059,200

From Beginning Nonlapsing Balances
1,216,900

From Closing Nonlapsing Balances
(577,400)

Schedule of Programs:
Pass-Through
1,490,200

Information Technology
1,208,500

Utah National Guard
Item 8
     To Utah National Guard
From Beginning Nonlapsing Balances
1,276,400

From Closing Nonlapsing Balances
(2,464,300)

Schedule of Programs:
Administration
11,300

Operations and Maintenance
(1,923,700)

Tuition Assistance
68,100

West Traverse Sentinel Landscape
656,400

Department of Veterans and Military Affairs
Item 9
     To Department of Veterans and Military Affairs - Veterans and Military Affairs
From Beginning Nonlapsing Balances
309,400

Schedule of Programs:
Administration
50,000

Cemetery
109,400

Military Affairs
100,000

Outreach Services
50,000

     Under terms of Section 63J-1-603(3)(a) Utah Code Annotated, the Legislature intends that appropriations provided for the Department of Veterans and Military Affairs in Item 20, Chapter 11, Laws of Utah 2020 not lapse at the close of Fiscal Year 2021. Use of any nonlapsing funds is limited to one-time operations costs.
     Subsection 1(b). Expendable Funds and Accounts. The Legislature has reviewed the following expendable funds. The Legislature authorizes the State Division of Finance to transfer amounts between funds and accounts as indicated. Outlays and expenditures from the funds or accounts to which the money is transferred may be made without further legislative action, in accordance with statutory provisions relating to the funds or accounts.
Capitol Preservation Board
Item 10
     To Capitol Preservation Board - State Capitol Fund
From Dedicated Credits Revenue, One-Time
(138,200)

From Beginning Fund Balance
272,600

From Closing Fund Balance
(260,600)

Schedule of Programs:
State Capitol Fund
(126,200)

Utah National Guard
Item 11
     To Utah National Guard - National Guard MWR Fund
From Beginning Fund Balance
218,000

From Closing Fund Balance
(218,000)

Department of Veterans and Military Affairs
Item 12
     To Department of Veterans and Military Affairs - Utah Veterans Nursing Home Fund
From Beginning Fund Balance
(637,000)

From Closing Fund Balance
637,000

     Subsection 1(c). Restricted Fund and Account Transfers. The Legislature authorizes the State Division of Finance to transfer the following amounts between the following funds or accounts as indicated. Expenditures and outlays from the funds to which the money is transferred must be authorized by an appropriation.
Item 13
     To General Fund Restricted - National Guard Death Benefits Account
From Beginning Fund Balance
338,000

From Closing Fund Balance
(347,500)

Schedule of Programs:
National Guard Death Benefit Account
(9,500)

     Section 2. FY 2022 Appropriations. The following sums of money are appropriated for the fiscal year beginning July 1, 2021 and ending June 30, 2022.
     Subsection 2(a). Operating and Capital Budgets. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the Legislature appropriates the following sums of money from the funds or accounts indicated for the use and support of the government of the state of Utah.
Capitol Preservation Board
Item 14
     To Capitol Preservation Board
From General Fund
5,081,300

Schedule of Programs:
Capitol Preservation Board
5,081,300

     In accordance with UCA 63J-1-201, the Legislature intends that the Capitol Preservation Board (CPB) report performance measures for the CPB line item, whose mission is "to be the stewards of the Capitol [to] maintain, improve, and oversee the buildings and grounds on the Capitol Hill Complex." The CPB shall report to the Office of the Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Stewardship plan for a safe, sustainable environment through maintenance, facility operations, and improvements (Target = 100 year life); 2) Provision of high quality tours, information, and education to the public (Target = 50,000 students and 200,000 visitors annually); 3) Provision of event and scheduling program for all government meetings, free speech activities, and public events (Target = 4,000 annually); and 4) Provision of exhibit and curatorial services on Capitol Hill to maintain the collections of artifacts for use and enjoyment of the general public (Target = 9,000 items).
Legislature
Item 15
     To Legislature - Senate
From General Fund
2,973,100

From Beginning Nonlapsing Balances
1,876,200

From Closing Nonlapsing Balances
(1,876,200)

Schedule of Programs:
Administration
2,973,100

     Of the appropriations provided by this item, $800 is to implement the provisions of Native American Legislative Liaison Committee Amendments (Senate Bill 13, 2020 General Session), $1,600 is to implement the provisions of Labor Commission Amendments (House Bill 15, 2020 General Session), and $2,800 is to implement the provisions of Digital Wellness, Citizenship, and Safe Technology Commission (House Bill 372, 2020 General Session).
Item 16
     To Legislature - House of Representatives
From General Fund
5,056,300

From Beginning Nonlapsing Balances
3,484,700

From Closing Nonlapsing Balances
(3,371,800)

Schedule of Programs:
Administration
5,169,200

     Of the appropriations provided by this item, $1,600 is to implement the provisions of Native American Legislative Liaison Committee Amendments (Senate Bill 13, 2020 General Session), $1,600 is to implement the provisions of Labor Commission Amendments (House Bill 15, 2020 General Session), and $2,800 is to implement the provisions of Digital Wellness, Citizenship, and Safe Technology Commission (House Bill 372, 2020 General Session).
Item 17
     To Legislature - Office of Legislative Research and General Counsel
From General Fund
9,816,300

From Beginning Nonlapsing Balances
5,174,700

From Closing Nonlapsing Balances
(4,970,700)

Schedule of Programs:
Administration
10,020,300

     The Legislature intends that the Office of Legislative Research and General Counsel (LRGC) report performance measures for the LRGC line item, which "is responsible for drafting and processing all legislation, performing policy research and analysis, providing legal counsel, and staffing legislative committees." The LRGC shall report to the Subcommittee on Oversight before October 31, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Bills ready for introduction within two business days after receiving approval from the sponsor (Target = 95%); 2) Bills numbered and ready for introduction on the first day of the annual general session (Target = 200 bills); 3) Live priority bills completed or abandoned by the 5th Friday of the session (Target = 85%); 4) Timely distribution of "Interim Highlights" to the Legislature (Target = Four business days after interim); 5) Review bills that have passed a chamber within 24 hours of the bill's passage (Target = 98%); 6) Comply with court-established deadlines when representing the Legislature, a legislator, or a legislative employee in litigation (Target = 100%); 7) Comply with time limits for submission of ballot titles and impartial analyses (Target = 100%); 8) Comply with Open and Public Meeting notice requirements for legislative committees (Target = 100%); 9) Prepare final redistricting plans (congressional, legislative, and state school board districts) for the Legislature to adopt (Target = On or before the last day of the 2022 Annual General Session); 10) Provide the House, Senate, and Lieutenant Governor with electronic redistricting plans (Target = Within three business days after final adoption by the Legislature); 11) Provide the Redistricting Committee with the tools and information it needs to begin drawing redistricting maps, including loading census data onto computer hardware and calculating the official population counts in congressional, legislative, and state school board districts (Target = Within 15 days of receiving the 2020 Redistricting data tabulation from the U.S. Census Bureau).
     Of the appropriations provided by this item, $4,200 is to implement the provisions of Digital Wellness, Citizenship, and Safe Technology Commission (House Bill 372, 2020 General Session).
Item 18
     To Legislature - Office of the Legislative Fiscal Analyst
From General Fund
3,366,700

From Beginning Nonlapsing Balances
1,486,000

From Closing Nonlapsing Balances
(1,486,000)

Schedule of Programs:
Administration and Research
3,366,700

     The Legislature intends that the Office of the Legislative Fiscal Analyst (LFA) report performance measures for the LFA line item, whose mission is to "affect good government through objective, accurate, relevant budget advice." The LFA shall report to the Subcommittee on Oversight before October 31, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) On-target revenue estimates (Target = 92% accurate for estimates 18 months out, 98% accurate for estimates four months out); 2) Correct appropriations bills (Target = 99%); 3) Unrevised fiscal notes (Target = 99.5%); 4) Timely fiscal notes (Target = 95%); and 5) Timely performance notes (Target = 85%).
Item 19
     To Legislature - Office of the Legislative Auditor General
From General Fund
4,553,400

From Beginning Nonlapsing Balances
1,327,600

From Closing Nonlapsing Balances
(1,327,600)

Schedule of Programs:
Administration
4,553,400

     The Legislature intends that the Office of the Legislative Auditor General (LAG) report performance measures for the LAG line item, whose mission is "to serve the Utah Legislature and the citizens of Utah by providing objective and credible information, in-depth analysis, findings, and conclusions that help legislators and other decision-makers improve programs, reduce costs, and promote accountability." The LAG shall report to the Subcommittee on Oversight before October 31, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Total audits completed each year (Target = 18); (2) Agency recommendations implemented (Target = 98%); and (3) Legislative recommendations implemented (Target = 100%).
Item 20
     To Legislature - Legislative Services
From General Fund
5,610,400

From Dedicated Credits Revenue
263,400

From Beginning Nonlapsing Balances
2,498,800

From Closing Nonlapsing Balances
(2,498,800)

Schedule of Programs:
Administration
1,305,500

Pass-Through
555,600

Information Technology
4,012,700

     The Legislature intends that the Office of Legislative Services (LS) report performance measures for the LS line item, which provides centralized "back office" administrative functions for the legislative branch. The LS shall report to the Subcommittee on Oversight before October 31, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) New employee onboarding and computer account set up within one business day after receiving notification of hire (Target = 100%); (2) Former employee offboarding and computer account removed within one business day after termination (Target = 100%); and (3) Legislative committee rooms opened, tested, and ready for meetings no later than one hour before any scheduled meetings (Target = 100%).
Item 21
     To Legislature - Legislative Services Digital Wellness Commission
From General Fund
300,000

Schedule of Programs:
Digital Wellness Commission
300,000

Utah National Guard
Item 22
     To Utah National Guard
From General Fund
7,524,000

From Federal Funds
58,648,800

From Dedicated Credits Revenue
45,700

From Beginning Nonlapsing Balances
5,464,300

From Closing Nonlapsing Balances
(3,000,000)

Schedule of Programs:
Administration
1,308,700

Operations and Maintenance
66,174,100

Tuition Assistance
1,200,000

     The Legislature intends that the Utah National Guard be allowed to increase its vehicle fleet by up to three vehicles with funding from existing appropriations.
     In accordance with UCA 63J-1-201, the Legislature intends that the Utah National Guard (UNG) report performance measures for the UNG line item, whose mission is "to provide mission-ready military forces to assist both state and federal authorities in times of emergency or war." The UNG shall report to the Office of the Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Personnel readiness (Target = 100% assigned strength); 2) Individual training readiness (Target = 90% Military Occupational Specialty qualification); 3) Collective unit training readiness (Target = 100% fulfillment of every mission assigned by the Commander in Chief; and 4) Installation readiness (Target = Installation Status Report of category 2 or higher for each facility).
Department of Veterans and Military Affairs
Item 23
     To Department of Veterans and Military Affairs - Veterans and Military Affairs
From General Fund
3,691,200

From Federal Funds
675,500

From Dedicated Credits Revenue
306,800

From General Fund Restricted - Transportation of Veterans to Memorials Supp Rest Acct  
12,500

Schedule of Programs:
Administration
863,200

Cemetery
815,800

Military Affairs
804,200

Outreach Services
1,928,200

State Approving Agency
262,100

Transportation of Veterans to Memorials
12,500

     In accordance with UCA 63J-1-201, the Legislature intends that the Department of Veterans and Military Affairs (DVMA) report performance measures for the DVMA line item, whose purpose is to "Advocate for and honor veterans for their unique contributions; Connect veterans, family members, community groups, service organizations, military installations, support groups, and other stakeholders to each other and external resources; and Grow military missions and associated military installation workloads, consistent with national security." The DVMA shall report to the Office of the Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Provide programs that assist veterans with filing and receiving compensation, pension, and educational benefits administered by the U.S. Veterans Administration (Target = 5% annual growth); 2) Assist in ensuring veterans are employed in the Utah workforce (Target = Veterans unemployment rate no greater than the statewide unemployment rate); 3) Increase the number of current conflict veterans who are connected to appropriate services (Target = 10% annual increase); 4) Provide veterans with a full range of burial services and related benefits that reflect dignity, compassion, and respect (Target = 95% satisfaction); and 5) Identify, plan, and advise on military mission workload opportunities through engagement with federal and state parties and decision makers (Target = Report on accomplishments).
     Subsection 2(b). Expendable Funds and Accounts. The Legislature has reviewed the following expendable funds. The Legislature authorizes the State Division of Finance to transfer amounts between funds and accounts as indicated. Outlays and expenditures from the funds or accounts to which the money is transferred may be made without further legislative action, in accordance with statutory provisions relating to the funds or accounts.
Capitol Preservation Board
Item 24
     To Capitol Preservation Board - State Capitol Fund
From Dedicated Credits Revenue
527,500

From Beginning Fund Balance
1,571,300

From Closing Fund Balance
(1,409,500)

Schedule of Programs:
State Capitol Fund
689,300

Utah National Guard
Item 25
     To Utah National Guard - National Guard MWR Fund
From Dedicated Credits Revenue
2,709,600

From Beginning Fund Balance
351,800

From Closing Fund Balance
(351,800)

Schedule of Programs:
National Guard MWR Fund
2,709,600

     In accordance with UCA 63J-1-201, the Legislature intends that the Utah National Guard (UNG) report performance measures for the Morale, Welfare, and Recreation Fund line item, which "is focused on enriching the lives of our fellow service members by offering a selection of military services and discounts." The UNG shall report to the Office of the Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Sustainability (Target = Income equal to or greater than expenses); and 2) Enhanced morale (Target = 70% positive feedback).
Department of Veterans and Military Affairs
Item 26
     To Department of Veterans and Military Affairs - Utah Veterans Nursing Home Fund
From Federal Funds
40,515,300

From Dedicated Credits Revenue
232,200

From Beginning Fund Balance
8,323,500

From Closing Fund Balance
(8,323,500)

Schedule of Programs:
Veterans Nursing Home Fund
40,747,500

     In accordance with UCA 63J-1-201, the Legislature intends that the Department of Veterans and Military Affairs (DVMA) report performance measures for the Veterans Nursing Home line item, whose purpose is to accept donations and gifts, and receive funds from state and federal agencies, insurance reimbursements, or cash payments, for the benefit of each home and its residents. The DVMA shall report to the Office of the Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Occupancy rate (Target = 95% average); 2) Compliance with all state and federal regulations for operations, licensing, and payments (Target = 95%); 3) Best in class rating in all national customer satisfaction surveys (Target = 80%); and 4) Deviations in operations, safety, or payments are addressed within specified times (Target = 95%).
     Subsection 2(c). Restricted Fund and Account Transfers. The Legislature authorizes the State Division of Finance to transfer the following amounts between the following funds or accounts as indicated. Expenditures and outlays from the funds to which the money is transferred must be authorized by an appropriation.
Item 27
     To General Fund Restricted - National Guard Death Benefits Account
From General Fund
9,500

From Beginning Fund Balance
347,500

From Closing Fund Balance
(357,000)

Item 28
     To West Traverse Sentinel Landscape Fund
     In accordance with UCA 63J-1-201, the Legislature intends that the Utah National Guard (UNG) report performance measures for the West Traverse Sentinel Landscape Fund line item, whose purpose is "to provide: matching funds for established federal funding programs concerning sentinel landscapes; matching funds for local and private funding programs that assist with sentinel landscape designations; and incentives for landowners who voluntarily participate in land management practices that are consistent with Camp Williams's military missions." The UNG shall report to the Office of the Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the final status of performance measures established in FY 2021 appropriations bills and the current status of the following performance measures for FY 2022: 1) Number of acres preserved; 2) Number of acres under agreement for preservation.
     Subsection 2(d). Fiduciary Funds. The Legislature has reviewed proposed revenues, expenditures, fund balances, and changes in fund balances for the following fiduciary funds.
Fund and Account Transfers
Item 29
     To Fund and Account Transfers - Firefighters Retirement Trust & Agency Fund
From General Fund
12,000,000

Schedule of Programs:
Firefighters Retirement Trust & Agency Fund
12,000,000

     Section 3. Effective Date.
     If approved by two-thirds of all the members elected to each house, Section 1 of this bill takes effect upon approval by the Governor, or the day following the constitutional time limit of Utah Constitution Article VII, Section 8 without the Governor's signature, or in the case of a veto, the date of override. Section 2 of this bill takes effect on July 1, 2021.