NATIONAL GUARD, VETERANS AFFAIRS,
AND LEGISLATURE BASE BUDGET

2023 GENERAL SESSION

STATE OF UTAH

Chief Sponsor: Val L. Peterson

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, 2022 and ending June 30, 2023 and appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2023 and ending June 30, 2024.
Highlighted Provisions:
     This bill:
     ▸     provides appropriations for the use and support of certain state agencies;
     ▸     provides appropriations for other purposes as described;
     ▸     provides intent language.
Money Appropriated in this Bill:
     This bill appropriates $6,781,300 in operating and capital budgets for fiscal year 2023, including:
     ▸     $835,900 from the General Fund; and
     ▸     $5,945,400 from various sources as detailed in this bill.
     This bill appropriates ($276,800) in expendable funds and accounts for fiscal year 2023.
     This bill appropriates $122,876,200 in operating and capital budgets for fiscal year 2024, including:
     ▸     $58,909,600 from the General Fund;
     ▸     $200,000 from the Income Tax Fund; and
     ▸     $63,766,600 from various sources as detailed in this bill.
     This bill appropriates $44,270,100 in expendable funds and accounts for fiscal year 2024.
     This bill appropriates $12,000,000 in restricted fund and account transfers for fiscal year 2024, including:
     ▸     $12,009,500 from the General Fund; and
     ▸     ($9,500) from various sources as detailed in this bill.
Other Special Clauses:
     Section 1 of this bill takes effect immediately. Section 2 and Section 3 of this bill take effect on July 1, 2023.
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 2023 Appropriations. The following sums of money are appropriated for the fiscal year beginning July 1, 2022 and ending June 30, 2023. These are additions to amounts otherwise appropriated for fiscal year 2023.
     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 14, Chapter 9, Laws of Utah 2022 not lapse at the close of Fiscal Year 2023. Use of any nonlapsing funds is limited to one-time operations costs.
Legislature
Item 2
     To Legislature - Senate
From Beginning Nonlapsing Balances
(148,100)

From Closing Nonlapsing Balances
148,100

Item 3
     To Legislature - House of Representatives
From Beginning Nonlapsing Balances
(50,900)

From Closing Nonlapsing Balances
(62,000)

Schedule of Programs:
Administration
(112,900)

Item 4
     To Legislature - Office of Legislative Research and General Counsel
From Beginning Nonlapsing Balances
1,591,500

From Closing Nonlapsing Balances
(1,591,500)

Item 5
     To Legislature - Office of the Legislative Fiscal Analyst
From Beginning Nonlapsing Balances
(55,600)

From Closing Nonlapsing Balances
55,600

Item 6
     To Legislature - Office of the Legislative Auditor General
From Beginning Nonlapsing Balances
120,900

From Closing Nonlapsing Balances
(120,900)

Item 7
     To Legislature - Legislative Services
From Dedicated Credits Revenue, One-Time
(14,500)

From Beginning Nonlapsing Balances
614,600

From Closing Nonlapsing Balances
(822,400)

Schedule of Programs:
Administration
(222,300)

Item 8
     To Legislature - Legislative Services Digital Wellness Commission
From Beginning Nonlapsing Balances
997,600

Schedule of Programs:
Digital Wellness Commission
997,600

Utah National Guard
Item 9
     To Utah National Guard
From General Fund, One-Time
818,600

From Beginning Nonlapsing Balances
7,561,000

From Closing Nonlapsing Balances
(3,554,900)

Schedule of Programs:
Administration
36,600

Operations and Maintenance
3,822,300

West Traverse Sentinel Landscape
965,800

Department of Veterans and Military Affairs
Item 10
     To Department of Veterans and Military Affairs - Veterans and Military Affairs
From General Fund, One-Time
17,300

From Beginning Nonlapsing Balances
1,276,900

Schedule of Programs:
Administration
294,200

Cemetery
650,000

Outreach Services
350,000

     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 28, Chapter 9, Laws of Utah 2022 not lapse at the close of Fiscal Year 2023. 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 11
     To Capitol Preservation Board - State Capitol Fund
From Dedicated Credits Revenue, One-Time
(170,200)

From Beginning Fund Balance
296,000

From Closing Fund Balance
(402,600)

Schedule of Programs:
State Capitol Fund
(276,800)

Utah National Guard
Item 12
     To Utah National Guard - National Guard MWR Fund
From Beginning Fund Balance
(94,600)

From Closing Fund Balance
94,600

Department of Veterans and Military Affairs
Item 13
     To Department of Veterans and Military Affairs - Utah Veterans Nursing Home Fund
From Beginning Fund Balance
6,185,300

From Closing Fund Balance
(6,185,300)

     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 14
     To Firefighters Retirement Trust & Agency Fund
From Beginning Fund Balance
(101,800)

From Closing Fund Balance
101,800

     Section 2. FY 2024 Appropriations. The following sums of money are appropriated for the fiscal year beginning July 1, 2023 and ending June 30, 2024.
     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.
Legislature
Item 15
     To Legislature - Senate
From General Fund
4,280,000

From Beginning Nonlapsing Balances
1,778,000

From Closing Nonlapsing Balances
(1,778,000)

Schedule of Programs:
Administration
4,280,000

Item 16
     To Legislature - House of Representatives
From General Fund
6,955,900

From Beginning Nonlapsing Balances
3,503,700

From Closing Nonlapsing Balances
(3,503,700)

Schedule of Programs:
Administration
6,955,900

Item 17
     To Legislature - Office of Legislative Research and General Counsel
From General Fund
11,441,000

From Beginning Nonlapsing Balances
7,088,700

From Closing Nonlapsing Balances
(7,088,700)

Schedule of Programs:
Administration
11,441,000

     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, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, LRGC shall report on the following performance measures: 1) Bills numbered within two business days after receiving approval from the sponsor (Target = 95%); 2) Bills numbered 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 annual general session (Target = 80%); 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%); and 8) Comply with Open and Public Meeting notice requirements for legislative committees (Target = 100%).
Item 18
     To Legislature - Office of the Legislative Fiscal Analyst
From General Fund
4,588,100

From Beginning Nonlapsing Balances
1,430,200

From Closing Nonlapsing Balances
(1,381,300)

Schedule of Programs:
Administration and Research
4,637,000

     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, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, LFA shall report on the following performance measures: 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%); and 4) Timely fiscal notes (Target = 95%).
Item 19
     To Legislature - Office of the Legislative Auditor General
From General Fund
5,904,500

From Beginning Nonlapsing Balances
1,681,000

From Closing Nonlapsing Balances
(1,681,000)

Schedule of Programs:
Administration
5,904,500

     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, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, LAG shall report on the following performance measures: 1) Total audits completed each year (Target = 20); 2) Number of agency recommendations and implementation status (implemented, in process, partial implementation, or not implemented); and 3) Number of legislative recommendations and implementation status (implemented, in process, partial implementation, or not implemented).
Item 20
     To Legislature - Legislative Services
From General Fund
6,768,500

From Dedicated Credits Revenue
200,000

From Beginning Nonlapsing Balances
4,205,300

From Closing Nonlapsing Balances
(4,205,300)

Schedule of Programs:
Administration
1,435,900

Pass-Through
786,800

Information Technology
4,745,800

     The Legislature intends that 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, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, LS shall report on the following performance measures: 1) File server up-time (Target = 95%); 2) Microsoft Secure score (Target = 85%); 3) Legislative committee rooms opened, tested, and ready for meetings no later than one hour before any scheduled meetings (Target = 100%); 4) Employee onboarding completed within three business days (Target = 100% and provide actual numbers).
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
8,274,300

From Federal Funds
59,645,400

From Dedicated Credits Revenue
46,500

From Beginning Nonlapsing Balances
3,554,900

From Closing Nonlapsing Balances
(782,000)

Schedule of Programs:
Administration
1,526,400

Operations and Maintenance
68,012,700

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 Planning and Budget before October 1, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, UNG shall report on the following performance measures: 1) Personnel readiness (Target = 100% assigned strength); 2) Individual training completion (Target = 90% completion of qualifications); 3) National Guard Mission Fulfillment (Target = 100% fulfillment of every mission assigned by the Commander in Chief; 4) Installation readiness (Target = Installation Status Report of category 2 or better for each facility); 5) Facility project federal share (Target = 75%); 6) Facility maintenance cost per square foot (Target = $3.00); 7) Utility cost per square foot (Target = $2.00); 8) Tuition assistance applications fulfilled (Target = 700); and 9) Percentage of tuition assistance applications fulfilled (Target = 75%).
     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 Program, 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 Planning and Budget before October 1, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, UNG shall report on the following performance measures: 1) Number of acres preserved; 2) Number of acres under agreement for preservation.
Department of Veterans and Military Affairs
Item 23
     To Department of Veterans and Military Affairs - Veterans and Military Affairs
From General Fund
3,156,000

From Federal Funds
702,200

From Dedicated Credits Revenue
350,700

Schedule of Programs:
Administration
682,300

Cemetery
861,600

State Approving Agency
271,000

Outreach Services
2,243,700

Military Affairs
150,300

     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 Planning and Budget before October 1, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, DVMA shall report on the following performance measures: 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) Veterans benefits received (Target = $600 million); 3) Assist in ensuring veterans are employed in the Utah workforce (Target = Veterans unemployment rate no greater than the statewide unemployment rate); 4) Increase the number of current conflict veterans who are connected to appropriate services (Target = 10% annual increase); and 5) Veterans cemetery customer satisfaction (Target = 4.75 out of 5).
Item 24
     To Department of Veterans and Military Affairs - DVMA Pass Through
From General Fund
1,547,500

From Income Tax Fund
200,000

Schedule of Programs:
DVMA Pass Through
1,747,500

     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.
Utah National Guard
Item 25
     To Utah National Guard - National Guard MWR Fund
From Dedicated Credits Revenue
2,755,700

From Beginning Fund Balance
266,400

From Closing Fund Balance
(266,400)

Schedule of Programs:
National Guard MWR Fund
2,755,700

     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 Planning and Budget before October 1, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, UNG shall report on the following performance measures: 1) Financial sustainability (Target = Ratio of income to expenses at least 100%); and 2) Enhanced morale (Target = Average score of 70% or higher positive customer feedback).
Department of Veterans and Military Affairs
Item 26
     To Department of Veterans and Military Affairs - Utah Veterans Nursing Home Fund
From Federal Funds
40,647,600

From Dedicated Credits Revenue
232,800

From Beginning Fund Balance
15,554,400

From Closing Fund Balance
(15,554,400)

Schedule of Programs:
Veterans Nursing Home Fund
40,880,400

     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 Planning and Budget before October 1, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, DVMA shall report on the following performance measures: 1) Occupancy rate (Target = 95% average); 2) Number of homes in top 30% of all veterans homes nationally (Target = 3); 3) Performance ratings (Target = 4.75 [out of 5]); and 4) Customer satisfaction (Target = 4.5 [out of 5]).
     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
366,500

From Closing Fund Balance
(376,000)

Item 28
     To Firefighters Retirement Trust & Agency Fund
From General Fund
12,000,000

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

     Section 3. FY 2024 Appropriations. The following sums of money are appropriated for the fiscal year beginning July 1, 2023 and ending June 30, 2024 for programs reviewed during the accountable budget process. These are additions to amounts otherwise appropriated for fiscal year 2024.
     Subsection 3(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 29
     To Capitol Preservation Board
From General Fund
5,693,800

Schedule of Programs:
Capitol Preservation Board
5,693,800

     In accordance with UCA 63J-1-903, 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 Planning and Budget before October 1, 2023 the final status of performance measures established in FY 2023 appropriations bills. For FY 2024, the CPB shall report the following performance measures: 1) Stewardship plan for a safe, sustainable environment through maintenance, facility operations, and improvements (Target = Report on number of major projects completed); 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).
     Subsection 3(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 30
     To Capitol Preservation Board - State Capitol Fund
From Dedicated Credits Revenue
280,000

From Beginning Fund Balance
1,508,800

From Closing Fund Balance
(1,154,800)

Schedule of Programs:
State Capitol Fund
634,000

     Section 4. 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 and Section 3 of this bill take effect on July 1, 2023.