63J-1-903.  Performance measure and funding item reporting.

(1)  The Governor’s Office of Planning and Budget and the Office of the Legislative Fiscal Analyst may develop an information system to collect, track, and publish agency performance measures.

Terms Used In Utah Code 63J-1-903

  • Agency: means a unit of accounting, typically associated with a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of state government, that includes line items and programs. See Utah Code 63J-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Funding item: means an increase to an agency's state funding that:
(i) is $50,000 or more; and
(ii) results from action during a legislative session. See Utah Code 63J-1-902
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Performance measure: means a program objective, effectiveness measure, program size indicator, or other related measure. See Utah Code 63J-1-902
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means a unit of accounting included on a schedule of programs within a line item used to track budget authorizations, collections, and expenditures on specific purposes or functions. See Utah Code 63J-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  Each executive department agency shall:

    (a)  in consultation with the Governor’s Office of Planning and Budget and the Office of the Legislative Fiscal Analyst, develop performance measures to include in an appropriations act for each fiscal year; and

    (b)  on or before August 15 of each calendar year, provide to the Governor’s Office of Planning and Budget and the Office of the Legislative Fiscal Analyst:

    (i)  any recommendations for legislative changes for the next fiscal year to the agency’s previously adopted performance measures or targets; and

    (ii)  a report of the final status of the agency’s performance measures included in the appropriations act for the fiscal year ending the previous June 30.

    (3)  Each judicial department agency shall:

    (a)  develop performance measures to include in an appropriations act for each fiscal year; and

    (b)  annually submit to the Office of the Legislative Fiscal Analyst a report that contains:

    (i)  any recommendations for legislative changes for the next fiscal year to the agency’s previously adopted performance measures; and

    (ii)  the final status of the agency’s performance measures included in the appropriations act for the fiscal year ending the previous June 30.

    (4)  Within 21 days after the day on which the Legislature adjourns a legislative session sine die, the Governor’s Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall:

    (a)  create a list of funding items passed during the legislative session;

    (b)  from the list described in Subsection (4)(a), identify in a sublist each funding item that increases state funding by $500,000 or more from state funds; and

    (c)  provide the lists described in this subsection to each executive department agency.

    (5)  Each executive department agency shall provide to the Governor’s Office of Planning and Budget and the Office of the Legislative Fiscal Analyst:

    (a)  for each funding item on the list described in Subsection (4)(b), within 60 days after the day on which the Legislature adjourns a legislative session sine die:

    (i)  one or more proposed performance measures; and

    (ii)  a target for each performance measure described in Subsection (5)(a)(i); and

    (b)  for each funding item on the list described in Subsection (4)(a), on or before August 15 of each year after the close of the fiscal year in which the funding item was first funded, a report that includes:

    (i)  the status of each performance measure relative to the measure’s target as described in Subsection (5)(a), if applicable;

    (ii)  the actual amount the agency spent, if any, on the funding item; and

    (iii) 

    (A)  the month and year in which the agency implemented the program or project associated with the funding item; or

    (B)  if the program or project associated with the funding item is not fully implemented, the month and year in which the agency anticipates fully implementing the program or project associated with the funding item.

    (6) 

    (a)  After an executive department agency provides proposed performance measures in accordance with Subsection (5)(a), the Governor’s Office of Planning and Budget and the Office of the Legislative Fiscal Analyst shall review the proposed performance measures and, if necessary, coordinate with the executive department agency to modify and finalize the performance measures.

    (b)  The Governor’s Office of Planning and Budget, the Office of the Legislative Fiscal Analyst, and the executive department agency shall finalize each proposed performance measure before July 1.

    (7)  The Governor’s Office of Planning and Budget and the Office of the Legislative Fiscal Analyst may jointly request that an executive department agency provide the report required under Subsection (5)(b) in a different fiscal year than the fiscal year in which the funding item was first funded or in multiple fiscal years.

    (8)  The Governor’s Office of Planning and Budget shall:

    (a)  review at least 20% of the performance measures described in Subsection (2) annually; and

    (b)  ensure that the Governor’s Office of Planning and Budget reviews each performance measure described in Subsection (2) at least once every five years.

    (9)  The Office of the Legislative Fiscal Analyst shall review the performance measures described in Subsection (2) on a schedule that aligns with the appropriations subcommittee’s applicable accountable budget process described in legislative rule.

    (10) 

    (a)  The Office of the Legislative Fiscal Analyst shall report the relevant performance measure information described in this section to the Executive Appropriations Committee and the appropriations subcommittees, as appropriate.

    (b)  The Governor’s Office of Planning and Budget shall report the relevant performance measure information described in this section to the governor.

    (11)  Each executive department agency, when the agency’s budget is subject to a legislative appropriations subcommittee’s accountable budget process, shall:

    (a)  conduct a thorough evaluation of the agency’s performance measures, internal budget process, and budget controls; and

    (b)  submit the results of the evaluation to the legislative appropriations subcommittee.

    Amended by Chapter 24, 2023 General Session
    Amended by Chapter 409, 2023 General Session