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Senate adopts substitute SJR 5 to require performance notes for new programs, sparking debate over process and burden
Summary
The Senate adopted a first substitute to SJR 5 to attach performance (results) notes to many new programs and agencies that require appropriations; sponsors said the note will enable better auditing while some senators warned it could slow bill processing and asked about thresholds and scope.
SALT LAKE CITY — The Utah Senate on Feb. 22 adopted a first substitute to Senate Joint Resolution 5, a procedural reform that would require a performance note for certain new agencies and programs requiring appropriations so lawmakers and auditors can measure whether those programs achieve their intended results.
Senator Niederhauser, the sponsor, told the Senate the performance note will define goals, expected results and the metrics agencies will use so the legislative auditor and the executive appropriations committee can track outcomes and, if necessary, propose repeal or modification of programs that do not meet their targets. "We want to know what the results are and have that before us to debate ... so that we can go back and figure out whether the results were met or not and hold that program accountable," Niederhauser said.
Floor debate was extensive. Senators raised concerns that adding performance notes could slow the bill process and create a bottleneck for fiscal analysts; Senator Davis asked whether the note timeline would delay other bills assigned to the same analyst. Sponsors said the performance note timeline is set to match the fiscal‑note timeline and that the analytical burden falls largely on implementing agencies, not the fiscal analysts.
Members also debated scope and thresholds. Senator McAdams and others suggested applying similar requirements to tax incentives; Senator 18 asked whether a de‑minimis dollar threshold (for example, a fixed amount or percentage) should be required before the process triggers. The sponsor argued a static dollar threshold would be problematic; instead SJR 5 uses definitions of "new agency" and "new program" and significance tests to determine when a performance note is necessary.
The first substitute added further guidance about how the legislative auditor and the audit committee will handle programs that fail to meet results, and clarified the reports that would come to the executive appropriations committee. After debate the Senate adopted the first substitute and placed the resolution on the third‑reading calendar (24 yeas, 2 nays, 3 absent).
Next steps: With the substitute adopted, sponsors and implementing agencies will follow the performance‑note process when new agencies or programs trigger the requirement. The first substitute also directs follow‑up audit procedures and potential executive appropriations review if programs fail to meet specified results.
