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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to legislative oversight of government entities.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the requirements for an agency to conduct a self-assessment as part of the
13 legislative budget review process; and
14 ▸ make technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 63J-1-903, as last amended by Laws of Utah 2023, Chapters 24, 409
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63J-1-903 is amended to read:
25 63J-1-903. Performance measure and funding item reporting.
26 (1) The Governor's Office of Planning and Budget and the Office of the Legislative
27 Fiscal Analyst may develop an information system to collect, track, and publish agency
28 performance measures.
29 (2) Each executive department agency shall:
30 (a) in consultation with the Governor's Office of Planning and Budget and the Office of
31 the Legislative Fiscal Analyst, develop performance measures to include in an appropriations
32 act for each fiscal year; and
33 (b) on or before August 15 of each calendar year, provide to the Governor's Office of
34 Planning and Budget and the Office of the Legislative Fiscal Analyst:
35 (i) any recommendations for legislative changes for the next fiscal year to the agency's
36 previously adopted performance measures or targets; and
37 (ii) a report of the final status of the agency's performance measures included in the
38 appropriations act for the fiscal year ending the previous June 30.
39 (3) Each judicial department agency shall:
40 (a) develop performance measures to include in an appropriations act for each fiscal
41 year; and
42 (b) annually submit to the Office of the Legislative Fiscal Analyst a report that
43 contains:
44 (i) any recommendations for legislative changes for the next fiscal year to the agency's
45 previously adopted performance measures; and
46 (ii) the final status of the agency's performance measures included in the appropriations
47 act for the fiscal year ending the previous June 30.
48 (4) Within 21 days after the day on which the Legislature adjourns a legislative session
49 sine die, the Governor's Office of Planning and Budget and the Office of the Legislative Fiscal
50 Analyst shall:
51 (a) create a list of funding items passed during the legislative session;
52 (b) from the list described in Subsection (4)(a), identify in a sublist each funding item
53 that increases state funding by $500,000 or more from state funds; and
54 (c) provide the lists described in this subsection to each executive department agency
55 and the Office of the Legislative Auditor General.
56 (5) Each executive department agency shall provide to the Governor's Office of
57 Planning and Budget and the Office of the Legislative Fiscal Analyst:
58 (a) for each funding item on the list described in Subsection (4)(b), within 60 days after
59 the day on which the Legislature adjourns a legislative session sine die:
60 (i) one or more proposed performance measures; and
61 (ii) a target for each performance measure described in Subsection (5)(a)(i); and
62 (b) for each funding item on the list described in Subsection (4)(a), on or before August
63 15 of each year after the close of the fiscal year in which the funding item was first funded, a
64 report that includes:
65 (i) the status of each performance measure relative to the measure's target as described
66 in Subsection (5)(a), if applicable;
67 (ii) the actual amount the agency spent, if any, on the funding item; and
68 (iii) (A) the month and year in which the agency implemented the program or project
69 associated with the funding item; or
70 (B) if the program or project associated with the funding item is not fully implemented,
71 the month and year in which the agency anticipates fully implementing the program or project
72 associated with the funding item.
73 (6) (a) After an executive department agency provides proposed performance measures
74 in accordance with Subsection (5)(a), the Governor's Office of Planning and Budget and the
75 Office of the Legislative Fiscal Analyst shall review the proposed performance measures and,
76 if necessary, coordinate with the executive department agency to modify and finalize the
77 performance measures.
78 (b) The Governor's Office of Planning and Budget, the Office of the Legislative Fiscal
79 Analyst, and the executive department agency shall finalize each proposed performance
80 measure before July 1.
81 (7) The Governor's Office of Planning and Budget and the Office of the Legislative
82 Fiscal Analyst may jointly request that an executive department agency provide the report
83 required under Subsection (5)(b) in a different fiscal year than the fiscal year in which the
84 funding item was first funded or in multiple fiscal years.
85 (8) The Governor's Office of Planning and Budget shall:
86 (a) review at least 20% of the performance measures described in Subsection (2)
87 annually; and
88 (b) ensure that the Governor's Office of Planning and Budget reviews each
89 performance measure described in Subsection (2) at least once every five years.
90 (9) The Office of the Legislative Fiscal Analyst shall review the performance measures
91 described in Subsection (2) on a schedule that aligns with the appropriations subcommittee's
92 applicable accountable budget process described in legislative rule.
93 (10) (a) The Office of the Legislative Fiscal Analyst shall report the relevant
94 performance measure information described in this section to the Executive Appropriations
95 Committee and the appropriations subcommittees, as appropriate.
96 (b) The Governor's Office of Planning and Budget shall report the relevant
97 performance measure information described in this section to the governor.
98 (11) Each executive department agency, when the agency's budget is subject to a
99 legislative appropriations subcommittee's accountable budget process, shall:
100 (a) conduct a thorough evaluation of the agency's performance measures, internal
101 budget process, [
102 adherence to best practices through the self-assessment tools developed by the Office of the
103 Legislative Auditor General; and
104 (b) submit the results of the evaluation to the legislative appropriations subcommittee
105 and the Office of the Legislative Auditor General.
106 Section 2. Effective date.
107 This bill takes effect on May 1, 2024.