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H.B. 318 Enrolled
LONG TITLE
General Description:
This bill restructures the Department of Community and Economic Development by
transferring the responsibility for economic development and tourism at the state level
to a new entity within the governor's office, the Governor's Office of Economic
Development.
Highlighted Provisions:
This bill:
. restructures the Department of Community and Economic Development by
transferring the responsibilities of the Division of Business and Economic
Development and the Division of Travel Development to a newly created
Governor's Office of Economic Development;
. transfers from the current Department of Community and Economic Development
to the Governor's Office of Economic Development the duty and responsibility to
administer the following established programs:
. the Enterprise Zone Act;
. Targeted Business Income Tax Credits within an Enterprise Zone;
. Centers of Excellence;
. Shared Foreign Sales Corporations;
. the Industrial Assistance Fund;
. the Recycling Market Development Zone Act;
. the Utah Venture Capital Enhancement Act;
. Aerospace and Aviation Development Zones;
. the Tourism Performance Marketing Fund;
. the Waste Tire Recycling Industry Assistance Loan Program;
. the Utah Pioneers Communities Program; and
. the Rural Development Act;
. provides for management and administration of the Governor's Office of Economic
Development by a director appointed by the governor with compensation being set by
the governor within the salary range fixed by the Legislature in Title 67, Chapter 22,
State Officer Compensation, and provides the director with authority similar to that of
the executive director of the current Department of Community and Economic
Development in matters related to economic development and tourism, including
establishing the office in any fashion considered appropriate by the director;
. renames the Department of Community and Economic Development as the
Department of Community and Culture, and provides the department with
responsibility for community and cultural development within the state and the
coordination of state and local programs related to community and cultural
development;
. changes the Board of Business and Economic Development to an advisory board
while renaming the Board of Travel Development to the Board of Tourism
Development and keeping it an advisory board;
. removes the rulemaking authority of entities absorbed into the Governor's Office of
Economic Development;
. repeals the position of the Director of the Division of Business and Economic
Development, the Fusion/Energy Technology Act, and the Community Economic
Development Project Fund and distribution process for fund moneys;
. eliminates the Tourism Marketing Performance Fund Committee and the Utah
Tourism Industry Coalition which nominated members to the Tourism Marketing
Performance Fund Committee;
. transfers to the Governor's Office of Economic Development all the powers and
limitations of a municipality;
. transfers to the Governor's Office of Economic Development oversight over special
service district guaranteed bonds;
. transfers to the director of the Governor's Office of Economic Development
membership on the Hazardous Waste Facilities Authority and the State Council on
Workforce Services;
. provides a representative from the Governor's Office of Economic Development to
serve on the Resource Development Coordinating Committee;
. transfers to the director in the Governor's Office of Economic Development authority
to appear before the Public Service Commission regarding the economic impact of
any matter;
. transfers to the Governor's Office of Economic Development oversight over the
Economic Incentive Restricted Account;
. transfers to the Governor's Office of Economic Development the responsibility to
provide staff to the Utah Technology Industry Council and its steering committee;
. provides that employees of the Department of Community and Culture and the
Governor's Office of Economic Development whose positions are designated as
schedule AM are not considered "state employees" for the purpose of overtime
policies by the Department of Human Resource Management and are exempt from
classified service and career service provisions;
. transfers to the Governor's Office of Economic Development responsibility for input
on road-building programs in scenic centers of the state;
. transfers to the Governor's Office of Economic Development membership on the Utah
State Scenic Byway Committee;
. provides that the Department of Transportation may consult with the Governor's
Office of Economic Development in erecting, administering, and maintaining
informational signs on the interstate or primary road system;
. makes employing unit names available to the Governor's Office of Economic
Development;
. transfers to the Governor's Office of Economic Development authority to give input to
the Transportation Commission in selecting license plate slogans for the state;
. transfers to the Governor's Office of Economic Development the responsibility to
serve as managing partner for the website known as Business.utah.gov;
. provides that the executive director of the Department of Community and Culture
shall designate three qualified interim successors in case of emergency;
. makes conforming changes to boards and programs throughout the Utah Code which
refer to the Department of Community and Economic Development or its executive
director by replacing those references with the new titles and designations of entities
and positions created in this bill; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2005.
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
9-1-102, as enacted by Chapter 241, Laws of Utah 1992
9-1-201, as last amended by Chapter 231, Laws of Utah 2002
9-4-304, as last amended by Chapter 176, Laws of Utah 2002
9-4-801, as last amended by Chapter 22, Laws of Utah 2004
9-4-904, as last amended by Chapter 176, Laws of Utah 2002
9-9-104.6, as enacted by Chapter 55, Laws of Utah 2003
10-9-307, as last amended by Chapter 202, Laws of Utah 2004
11-17-1.5, as last amended by Chapter 73, Laws of Utah 2001
11-17-18, as enacted by Chapter 206, Laws of Utah 1986
17-27-307, as last amended by Chapter 202, Laws of Utah 2004
17A-2-1318, as renumbered and amended by Chapter 186, Laws of Utah 1990
19-3-301, as last amended by Chapter 107, Laws of Utah 2001
19-6-807, as last amended by Chapter 256, Laws of Utah 2002
19-6-824, as last amended by Chapter 256, Laws of Utah 2002
19-9-104, as renumbered and amended by Chapter 184, Laws of Utah 2003
35A-1-206, as last amended by Chapter 1, Laws of Utah 1998
35A-3-103, as last amended by Chapter 18, Laws of Utah 2004
35A-3-203, as last amended by Chapter 13, Laws of Utah 2003
35A-3-205, as last amended by Chapter 13, Laws of Utah 2003
35A-3-309, as last amended by Chapters 18 and 29, Laws of Utah 2004
35A-4-312, as last amended by Chapter 135, Laws of Utah 2003
41-1a-405, as renumbered and amended by Chapter 1, Laws of Utah 1992
46-4-503, as last amended by Chapters 90 and 120, Laws of Utah 2004
53B-18-1002, as enacted by Chapter 23, Laws of Utah 2004
59-7-610, as last amended by Chapter 198, Laws of Utah 2003
59-10-108.7, as last amended by Chapter 198, Laws of Utah 2003
59-21-2, as last amended by Chapter 24, Laws of Utah 2003
63-5b-102, as last amended by Chapters 14 and 159, Laws of Utah 2002
63-38d-502, as last amended by Chapter 18, Laws of Utah 2004
63-49a-1, as enacted by Chapter 255, Laws of Utah 1994
63-49a-2, as enacted by Chapter 255, Laws of Utah 1994
63-49a-3, as last amended by Chapter 31, Laws of Utah 1995
63-51-10, as enacted by Chapter 242, Laws of Utah 1981
63A-9-801, as last amended by Chapter 209, Laws of Utah 2003
63B-5-201, as last amended by Chapter 73, Laws of Utah 2001
63D-1a-203, as enacted by Chapter 209, Laws of Utah 2003
67-19-6.7, as last amended by Chapters 82 and 375, Laws of Utah 1997
67-19-12, as last amended by Chapter 16, Laws of Utah 2003
67-19-15, as last amended by Chapter 213, Laws of Utah 1997
67-19c-101, as last amended by Chapters 82 and 375, Laws of Utah 1997
67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
72-1-209, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-4-302, as enacted by Chapter 172, Laws of Utah 2004
72-7-504, as last amended by Chapter 166, Laws of Utah 2003
73-10c-3, as last amended by Chapter 243, Laws of Utah 1996
ENACTS:
63-38f-201, Utah Code Annotated 1953
63-38f-703, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63-38f-101, (Renumbered from 9-2-201, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-102, (Renumbered from 9-2-102, as enacted by Chapter 241, Laws of Utah 1992)
63-38f-202, (Renumbered from 9-1-204, as last amended by Chapter 176, Laws of Utah
2002)
63-38f-203, (Renumbered from 9-1-205, as last amended by Chapter 352, Laws of Utah
2004)
63-38f-204, (Renumbered from 9-1-206, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-205, (Renumbered from 9-1-207, as enacted by Chapter 29, Laws of Utah 1993)
63-38f-301, (Renumbered from 9-2-202, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-302, (Renumbered from 9-2-203, as last amended by Chapter 176, Laws of Utah
2002)
63-38f-303, (Renumbered from 9-2-204, as last amended by Chapter 50, Laws of Utah
2000)
63-38f-304, (Renumbered from 9-2-205, as last amended by Chapter 50, Laws of Utah
2000)
63-38f-401, (Renumbered from 9-2-401, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-402, (Renumbered from 9-2-402, as last amended by Chapter 292, Laws of Utah
1996)
63-38f-403, (Renumbered from 9-2-403, as last amended by Chapter 292, Laws of Utah
1996)
63-38f-404, (Renumbered from 9-2-404, as last amended by Chapter 302, Laws of Utah
2004)
63-38f-405, (Renumbered from 9-2-405, as last amended by Chapter 292, Laws of Utah
1996)
63-38f-406, (Renumbered from 9-2-406, as last amended by Chapter 292, Laws of Utah
1996)
63-38f-407, (Renumbered from 9-2-407, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-408, (Renumbered from 9-2-408, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-409, (Renumbered from 9-2-409, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-410, (Renumbered from 9-2-410, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-411, (Renumbered from 9-2-411, as last amended by Chapter 292, Laws of Utah
1996)
63-38f-412, (Renumbered from 9-2-412, as last amended by Chapter 170, Laws of Utah
1999)
63-38f-413, (Renumbered from 9-2-413, as last amended by Chapter 155, Laws of Utah
2001)
63-38f-414, (Renumbered from 9-2-414, as last amended by Chapter 292, Laws of Utah
1996)
63-38f-415, (Renumbered from 9-2-415, as enacted by Chapter 275, Laws of Utah 1998)
63-38f-416, (Renumbered from 9-2-416, as enacted by Chapter 302, Laws of Utah 2004)
63-38f-501, (Renumbered from 9-2-1801, as enacted by Chapter 155, Laws of Utah
2001)
63-38f-502, (Renumbered from 9-2-1802, as enacted by Chapter 155, Laws of Utah
2001)
63-38f-503, (Renumbered from 9-2-1803, as last amended by Chapter 198, Laws of Utah
2003)
63-38f-601, (Renumbered from 9-2-501, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-602, (Renumbered from 9-2-502, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-603, (Renumbered from 9-2-503, as last amended by Chapter 16, Laws of Utah
2003)
63-38f-604, (Renumbered from 9-2-504, as last amended by Chapter 82, Laws of Utah
1997)
63-38f-605, (Renumbered from 9-2-505, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-606, (Renumbered from 9-2-506, as last amended by Chapter 16, Laws of Utah
2003)
63-38f-607, (Renumbered from 9-2-507, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-701, (Renumbered from 9-2-601, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-702, (Renumbered from 9-2-602, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-704, (Renumbered from 9-2-603, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-801, (Renumbered from 9-2-901, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-802, (Renumbered from 9-2-902, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-901, (Renumbered from 9-2-1201, as renumbered and amended by Chapter 241,
Laws of Utah 1992)
63-38f-902, (Renumbered from 9-2-1202, as last amended by Chapter 182, Laws of Utah
2004)
63-38f-903, (Renumbered from 9-2-1203, as last amended by Chapter 182, Laws of Utah
2004)
63-38f-904, (Renumbered from 9-2-1204, as last amended by Chapter 182, Laws of Utah
2004)
63-38f-905, (Renumbered from 9-2-1205, as last amended by Chapter 182, Laws of Utah
2004)
63-38f-906, (Renumbered from 9-2-1205.1, as enacted by Chapter 14, Laws of Utah
2003)
63-38f-907, (Renumbered from 9-2-1205.5, as last amended by Chapter 182, Laws of
Utah 2004)
63-38f-908, (Renumbered from 9-2-1205.8, as enacted by Chapter 182, Laws of Utah
2004)
63-38f-909, (Renumbered from 9-2-1207, as last amended by Chapter 14, Laws of Utah
2003)
63-38f-1001, (Renumbered from 9-2-1401, as enacted by Chapter 153, Laws of Utah
1992)
63-38f-1002, (Renumbered from 9-2-1402, as enacted by Chapter 153, Laws of Utah
1992)
63-38f-1003, (Renumbered from 9-2-1403, as enacted by Chapter 153, Laws of Utah
1992)
63-38f-1101, (Renumbered from 9-2-1601, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1102, (Renumbered from 9-2-1602, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1103, (Renumbered from 9-2-1603, as last amended by Chapter 65, Laws of Utah
2002)
63-38f-1104, (Renumbered from 9-2-1604, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1105, (Renumbered from 9-2-1605, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1106, (Renumbered from 9-2-1606, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1107, (Renumbered from 9-2-1607, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1108, (Renumbered from 9-2-1608, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1109, (Renumbered from 9-2-1609, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1110, (Renumbered from 9-2-1610, as last amended by Chapter 1, Laws of Utah
2000)
63-38f-1111, (Renumbered from 9-2-1611, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1112, (Renumbered from 9-2-1612, as enacted by Chapter 236, Laws of Utah
1996)
63-38f-1201, (Renumbered from 9-2-1901, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1202, (Renumbered from 9-2-1902, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1203, (Renumbered from 9-2-1903, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1204, (Renumbered from 9-2-1904, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1205, (Renumbered from 9-2-1905, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1206, (Renumbered from 9-2-1906, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1207, (Renumbered from 9-2-1907, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1208, (Renumbered from 9-2-1908, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1209, (Renumbered from 9-2-1909, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1210, (Renumbered from 9-2-1910, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1211, (Renumbered from 9-2-1911, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1212, (Renumbered from 9-2-1912, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1213, (Renumbered from 9-2-1913, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1214, (Renumbered from 9-2-1914, as last amended by Chapter 4, Laws of Utah
2003, Second Special Session)
63-38f-1215, (Renumbered from 9-2-1915, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1216, (Renumbered from 9-2-1916, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1217, (Renumbered from 9-2-1917, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1218, (Renumbered from 9-2-1918, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1219, (Renumbered from 9-2-1919, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1220, (Renumbered from 9-2-1920, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1221, (Renumbered from 9-2-1921, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1222, (Renumbered from 9-2-1922, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1223, (Renumbered from 9-2-1923, as last amended by Chapter 92, Laws of Utah
2004)
63-38f-1224, (Renumbered from 9-2-1924, as enacted by Chapter 291, Laws of Utah
2003)
63-38f-1301, (Renumbered from 9-2-2001, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1302, (Renumbered from 9-2-2002, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1303, (Renumbered from 9-2-2003, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1304, (Renumbered from 9-2-2004, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1305, (Renumbered from 9-2-2005, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1306, (Renumbered from 9-2-2006, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1307, (Renumbered from 9-2-2007, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1308, (Renumbered from 9-2-2008, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1309, (Renumbered from 9-2-2009, as enacted by Chapter 247, Laws of Utah
2003)
63-38f-1401, (Renumbered from 9-2-1701, as enacted by Chapter 301, Laws of Utah
1997)
63-38f-1402, (Renumbered from 9-2-1702, as last amended by Chapter 159, Laws of
Utah 2001)
63-38f-1403, (Renumbered from 9-2-1703, as last amended by Chapter 159, Laws of
Utah 2001)
63-38f-1404, (Renumbered from 9-2-1703.5, as last amended by Chapters 16 and 83,
Laws of Utah 2003)
63-38f-1405, (Renumbered from 9-2-1704, as last amended by Chapter 159, Laws of
Utah 2001)
63-38f-1406, (Renumbered from 9-3-201, as last amended by Chapter 109, Laws of Utah
1994)
63-38f-1407, (Renumbered from 9-3-202, as last amended by Chapter 176, Laws of Utah
2002)
63-38f-1408, (Renumbered from 9-3-203, as last amended by Chapter 109, Laws of Utah
1994)
63-38f-1409, (Renumbered from 9-3-204, as last amended by Chapter 207, Laws of Utah
2002)
63-38f-1410, (Renumbered from 9-3-206, as last amended by Chapter 109, Laws of Utah
1994)
63-38f-1501, (Renumbered from 9-8-901, as last amended by Chapter 92, Laws of Utah
1996)
63-38f-1502, (Renumbered from 9-8-902, as last amended by Chapter 92, Laws of Utah
1996)
63-38f-1503, (Renumbered from 9-8-903, as last amended by Chapters 92 and 243, Laws
of Utah 1996)
63-38f-1504, (Renumbered from 9-8-904, as last amended by Chapter 92, Laws of Utah
1996)
63-38f-1505, (Renumbered from 9-8-905, as last amended by Chapter 92, Laws of Utah
1996)
63-38f-1601, (Renumbered from 9-16-101, as enacted by Chapter 73, Laws of Utah
2004)
63-38f-1602, (Renumbered from 9-16-102, as enacted by Chapter 73, Laws of Utah
2004)
63-38f-1603, (Renumbered from 9-16-103, as enacted by Chapter 73, Laws of Utah
2004)
63-38f-1604, (Renumbered from 9-16-104, as enacted by Chapter 73, Laws of Utah
2004)
63-38f-1605, (Renumbered from 9-16-105, as enacted by Chapter 73, Laws of Utah
2004)
63-38f-1606, (Renumbered from 9-16-106, as enacted by Chapter 73, Laws of Utah
2004)
REPEALS:
9-2-206, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-2-801, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-2-809, as last amended by Chapter 10, Laws of Utah 1994
9-2-1501, as last amended by Chapter 95, Laws of Utah 2000
9-2-1502, as last amended by Chapter 95, Laws of Utah 2000
9-2-1503, as enacted by Chapter 301, Laws of Utah 1996
9-2-1504, as last amended by Chapter 95, Laws of Utah 2000
9-2-1505, as last amended by Chapter 95, Laws of Utah 2000
9-2-1506, as last amended by Chapter 95, Laws of Utah 2000
9-2-1507, as enacted by Chapter 301, Laws of Utah 1996
9-2-1705, as last amended by Chapter 159, Laws of Utah 2001
9-2-1706, as enacted by Chapter 159, Laws of Utah 2001
9-3-205, as last amended by Chapter 109, Laws of Utah 1994
9-3-208, as renumbered and amended by Chapter 241, Laws of Utah 1992
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-1-102 is amended to read:
9-1-102. Definitions.
As used in this title:
(1) "Department" means the Department of Community and [
Culture.
(2) "Executive director" means the executive director of the Department of Community
and [
Section 2. Section 9-1-201 is amended to read:
9-1-201. Department of Community and Culture -- Creation -- Powers and duties.
(1) There is created the Department of Community and [
Culture.
(2) The department shall:
(a) be responsible for community and [
(b) perform [
(c) coordinate the program plans of the various divisions within the department;
(d) administer and coordinate all state or federal grant programs which are, or become,
available for community and [
(e) administer any other programs over which the department is given administrative
supervision by the governor;
(f) annually submit a report to the governor and the Legislature; and
(g) perform any other duties as provided by the Legislature.
(3) The department may solicit and accept contributions of moneys, services, and
facilities from any other sources, public or private, but may not use these funds for publicizing
the exclusive interest of the donor.
(4) Moneys received pursuant to Subsection (3) shall be deposited in the General Fund as
restricted revenues of the department.
Section 3. Section 9-4-304 is amended to read:
9-4-304. Permanent Community Impact Fund Board created -- Members -- Terms
-- Chair -- Expenses.
(1) There is created within the Department of Community and [
Culture the Permanent Community Impact Fund Board composed of 11 members as follows:
(a) the chair of the Board of Water Resources or the chair's designee;
(b) the chair of the Water Quality Board or the chair's designee;
(c) the director of the department or the director's designee;
(d) the chair of the State Board of Education or the chair's designee;
(e) the chair of the State Board of Regents or the chair's designee;
(f) the state treasurer;
(g) the chair of the Transportation Commission or the chair's designee;
(h) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
(i) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
Wayne County;
(j) a locally elected official who resides in Duchesne, Daggett, or Uintah County; and
(k) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
County.
(2) (a) The members specified under Subsections (1)(h) through [
(i) nominated by the Board of Directors of the Southeastern Association of Governments,
Central Utah Association of Governments, Uintah Basin Association of Governments, and
Southwestern Association of Governments, respectively; and
(ii) appointed by the governor with the consent of the Senate.
(iii) Except as required by Subsection (2)(a)(iv), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(iv) Notwithstanding the requirements of Subsection (2)(a)(iii), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3) The terms of office for the members of the impact board specified under Subsections
(1)(a) through [
committees, commission, departments, or offices from which the members come.
(4) The executive director of the department, or the executive director's designee, shall
be the chair of the impact board.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the board at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 4. Section 9-4-801 is amended to read:
9-4-801. Creation.
(1) There is created the Homeless Coordinating Committee.
(2) (a) The committee shall consist of the state planning coordinator, the state
superintendent of public instruction, the chair of the board of trustees of the Utah Housing
Corporation, and the executive directors of the Department of Human Services, the Department
of Corrections, the Department of Community and [
Department of Workforce Services, and the Department of Health, or their designees.
(b) The governor shall appoint the chair from among these members.
(3) The governor may also appoint as members of the committee representatives of local
governments, local housing authorities, local law enforcement agencies, and of federal and
private agencies and organizations concerned with the homeless, mentally ill, elderly,
single-parent families, substance abusers, and persons with a disability.
(4) (a) Except as required by Subsection (4)(b), as terms of current committee members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(c) A person appointed under this Subsection (4) may not be appointed to serve more
than three consecutive terms.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the committee at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 5. Section 9-4-904 is amended to read:
9-4-904. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers -- Quorum --
Per diem and expenses.
(1) (a) There is created an independent body politic and corporate, constituting a public
corporation, known as the "Utah Housing Corporation."
(b) The corporation may also be known and do business as the:
(i) Utah Housing Finance Association; and
(ii) Utah Housing Finance Agency in connection with any contract entered into when that
was the corporation's legal name.
(c) Any other entity may not use the names described in Subsections (1)(a) and (b)
without the express approval of the corporation.
(2) The corporation shall be governed by a board of trustees composed of the following
nine trustees:
(a) three ex officio trustees who shall be:
(i) the executive director of the Department of Community and [
Culture;
(ii) the commissioner of the Department of Financial Institutions or his designee; and
(iii) the state treasurer or his designee; and
(b) six public trustees, being private citizens of the state, as follows:
(i) two people representing the mortgage lending industry;
(ii) two people representing the home building and real estate industry; and
(iii) two people representing the public at large.
(3) The governor shall:
(a) appoint the six public trustees of the corporation with the consent of the Senate; and
(b) ensure that:
(i) the six public trustees are from different counties and are residents of Utah; and
(ii) not more than three of the public trustees belong to the same political party.
(4) (a) Except as required by Subsection (4)(b), the six public trustees shall be appointed
to terms of office of four years each.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of
corporation trustees are staggered so that approximately half of the board is appointed every two
years.
(5) (a) Any of the six public trustees of the corporation may be removed from office for
cause either by the governor or by an affirmative vote of any six trustees of the corporation.
(b) When a vacancy occurs in the board of trustees for any reason, the replacement shall
be appointed for the unexpired term.
(c) Each public trustee shall hold office for the term of his appointment and until his
successor has been appointed and qualified.
(d) Any public trustee is eligible for reappointment but may not serve more than two full
consecutive terms.
(6) (a) The governor shall select the chair of the corporation.
(b) The trustees shall elect from among their number a vice chair and other officers they
may determine.
(7) (a) Five trustees of the corporation constitute a quorum for transaction of business.
An affirmative vote of at least five trustees is necessary for any action to be taken by the
corporation.
(b) A vacancy in the board of trustees may not impair the right of a quorum to exercise
all rights and perform all duties of the corporation.
(8) (a) (i) Trustees who are not government employees may not receive compensation or
benefits for their services, but may receive a reasonable per diem and reimbursement expenses
incurred in the performance of the trustee's official duties at the rates established by the board of
trustees.
(ii) Trustees may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee trustees who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the corporation at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee trustees may decline to receive per diem and
expenses for their service.
Section 6. Section 9-9-104.6 is amended to read:
9-9-104.6. Participation of state agencies in meetings with tribal leaders.
(1) For at least three of the joint meetings described in Subsection 9-9-104.5 (2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
36-22-1 ;
(b) the governor or the governor's designee;
(c) a representative appointed by the chief administrative officer of the following:
(i) the Department of Health;
(ii) the Department of Human Services;
(iii) the Department of Workforce Services;
(iv) the State Office of Education; and
(v) the State Board of Regents.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate [
that can assist in coordinating the efforts of state and tribal governments in meeting the needs of
the Native Americans residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to the:
(i) Department of Agriculture and Food;
(ii) Department of Community and [
(iii) Department of Corrections;
(iv) Department of Environmental Quality;
(v) Department of Natural Resources;
(vi) Department of Public Safety;
(vii) Department of Transportation;
(viii) Office of the Attorney General; and
(ix) State Tax Commission.
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) Salaries and expenses of a legislator participating in accordance with this section
in a meeting described in Subsection (1) shall be paid in accordance with Section 36-2-2 and
Joint Rule 15.03.
(b) A state government officer or employee may receive per diem and expenses at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 for
participating in a meeting described in Subsection (1) if the officer or employee:
(i) participates in the meeting in accordance with this section; and
(ii) does not receive salary, per diem, or expenses from the officer's or employee's agency
for participating in the meeting.
(c) A state government officer or employee that participates in a meeting described in
Subsection (1) may decline to receive per diem and expenses for participating in the meeting.
Section 7. Section 10-9-307 is amended to read:
10-9-307. Plans for moderate income housing.
(1) The availability of moderate income housing is an issue of statewide concern. To this
end:
(a) cities should afford a reasonable opportunity for a variety of housing, including
moderate income housing, to meet the needs of people desiring to live there; and
(b) moderate income housing should be encouraged to allow persons with moderate
incomes to benefit from and to fully participate in all aspects of neighborhood and community
life.
(2) As used in this section:
(a) "Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross income
for households of the same size in the county in which the city is located.
(b) "Plan for moderate income housing" or "plan" means a written document adopted by
a city legislative body that includes:
(i) an estimate of the existing supply of moderate income housing located within the city;
(ii) an estimate of the need for moderate income housing in the city for the next five
years as revised biennially;
(iii) a survey of total residential zoning;
(iv) an evaluation of how existing zoning densities affect opportunities for moderate
income housing; and
(v) a description of the city's program to encourage an adequate supply of moderate
income housing.
(3) The legislative body of each city shall, as part of its general plan, adopt a plan for
moderate income housing within that city.
(4) A plan may provide moderate income housing by any means or combination of
techniques which provide a realistic opportunity to meet estimated needs. The plan may include
an analysis of why the means or techniques selected provide a realistic opportunity to meet the
objectives of this section. [
(a) rezoning for densities necessary to assure the economic viability of inclusionary
developments, either through mandatory set asides or density bonuses;
(b) infrastructure expansion and rehabilitation that will facilitate the construction of
moderate income housing;
(c) rehabilitation of existing uninhabitable housing stock;
(d) consideration of waiving construction related fees generally imposed by the city;
(e) utilization of state or federal funds or tax incentives to promote the construction of
moderate income housing;
(f) utilization of programs offered by the Utah Housing Corporation within that agency's
funding capacity; and
(g) utilization of affordable housing programs administered by the Department of
Community and [
(5) (a) After adoption of a plan for moderate income housing under Subsection (3), the
legislative body of each city shall biennially:
(i) review the plan and its implementation; and
(ii) prepare a report setting forth the findings of the review.
(b) Each report under Subsection (5)(a)(ii) shall include a description of:
(i) efforts made by the city to reduce, mitigate, or eliminate local regulatory barriers to
moderate income housing;
(ii) actions taken by the city to encourage preservation of existing moderate income
housing and development of new moderate income housing;
(iii) progress made within the city to provide moderate income housing, as measured by
permits issued for new units of moderate income housing; and
(iv) efforts made by the city to coordinate moderate income housing plans and actions
with neighboring municipalities.
(c) The legislative body of each city shall send a copy of the report under Subsection
(5)(a)(ii) to the Department of Community and [
association of governments in which the city is located.
(6) In a civil action seeking enforcement or claiming a violation of this section, a plaintiff
may not recover damages but may be awarded injunctive or other equitable relief only.
Section 8. Section 11-17-1.5 is amended to read:
11-17-1.5. Purpose of chapter.
(1) (a) The purposes of this chapter are to stimulate the economic growth of the state, to
promote employment and achieve greater industrial development in the state, to maintain or
enlarge domestic or foreign markets for Utah industrial products, to authorize municipalities and
counties in the state to facilitate capital formation, finance, acquire, own, lease, or sell projects
for the purpose of reducing, abating, or preventing pollution and to protect and promote the
health, welfare, and safety of the citizens of the state and to improve local health and the general
welfare by inducing corporations, persons, or entities engaged in health care services, including
hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical
or mental disability, and administrative and support facilities, to locate, relocate, modernize, or
expand in this state and to assist in the formation of investment capital with respect thereto.
(b) The Legislature [
of projects under the Utah Industrial Facilities and Development Act and the issuance of bonds
under it constitutes a proper public purpose.
(2) (a) It is declared that the policy of the state is to encourage the development of free
enterprise and entrepreneurship for the purpose of the expansion of employment opportunities
and economic development.
(b) It is [
managed, pooled venture capital in the private sector available to invest in early stage businesses
having high growth potential and that can provide jobs for Utah citizens.
(c) It is found that venture capital is required for healthy economic development of
sectors of the economy having high growth and employment potential.
(d) It is further found that the public economic development purposes of the state and its
counties and municipalities can be fostered by the sale of industrial revenue bonds for the
purpose of providing funding for locally managed, pooled new venture and economic
development funds in accordance with the provisions of this [
(e) It is [
capital for these uses, cooperation between private enterprise and state and local government is
necessary and in the public interest and that the facilitation of capital accumulation is the
appropriate activity of the counties and municipalities of this state and also of the [
(f) It is found that venture capital funds historically, because of the more intensive nature
of their relationship with companies in which they invest, tend to concentrate their investments
within a relatively close geographical area to their headquarters location.
(g) It is found and declared that investors in economic development or new venture
investment funds require for the overall security of their investments reasonable diversification
of investment portfolios and that, in the course of this diversification, investments are often
syndicated or jointly made among several financial institutions or funds. It is expressly found
and declared that an economic development or new venture investment fund must from time to
time for its optimal profitability and efficiency (which are important for the security and profit of
bond purchasers providing funds therefor) cooperate with others who may be located outside [
investments and that the fund must be free in the interests of reciprocal relationships with other
financial institutions and diversification of risks to invest from time to time in enterprises that are
located outside of Utah or the counties or municipalities. It is specifically found that such
activity by a locally managed fund, funded in whole or in part with the proceeds of bonds sold
under this chapter, is within the public purposes of the state and any county or municipality
offering the bonds, provided that the fund locates within [
municipality its headquarters where its actual investment decisions and management functions
occur and limits the aggregate amount of its investments in companies located outside of Utah to
an amount that in the aggregate does not exceed the aggregate amount of investments made by
institutions and funds located outside of Utah in Utah companies, that the locally managed fund
has sponsored or in which it has invested and that it has brought to the attention of investors
outside of Utah.
Section 9. Section 11-17-18 is amended to read:
11-17-18. Powers of Governor's Office of Economic Development.
For purposes of this chapter and for the purposes of the Utah Interlocal Cooperation Act,
the [
the powers set out in this chapter of, and is subject to the same limitations as, a municipality as
though the [
shall have such powers with respect to economic development or new venture investment fund
projects only. It is not authorized to exercise such powers in any manner which will create
general obligations of the state [
subdivision thereof. [
Section 10. Section 17-27-307 is amended to read:
17-27-307. Plans for moderate income housing.
(1) The availability of moderate income housing is an issue of statewide concern. To this
end:
(a) counties should afford a reasonable opportunity for a variety of housing, including
moderate income housing, to meet the needs of people desiring to live there; and
(b) moderate income housing should be located in all areas of a community to allow
persons with moderate incomes to benefit from and to fully participate in all aspects of
neighborhood and community life.
(2) As used in this section:
(a) "Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross income
of the county statistical area for households of the same size.
(b) "Plan for moderate income housing" or "plan" means a written document adopted by
a county legislative body that includes, but is not limited to:
(i) an estimate of the existing supply of moderate income housing located within the
county;
(ii) an estimate of the need for moderate income housing in that county for the next five
years as revised biennially;
(iii) a survey of total residential zoning;
(iv) an evaluation of how existing zoning densities affect opportunities for moderate
income housing; and
(v) a description of the county's program to encourage an adequate supply of moderate
income housing.
(3) [
general plan, adopt a plan for moderate income housing within the unincorporated areas of that
county.
(4) (a) A plan may provide for moderate income housing by any means or combination of
techniques which provide a realistic opportunity to meet estimated needs.
(b) The plan may include an analysis of why the means or techniques selected provide a
realistic opportunity to meet the objectives of this section. [
(c) The techniques may include:
[
developments, either through mandatory set asides or density bonuses;
[
moderate income housing;
[
[
county;
[
of moderate income housing;
[
agency's funding capacity; and
[
Community and [
(5) (a) After adoption of a plan for moderate income housing under Subsection (3), the
legislative body of each county with a population over 25,000 shall biennially:
(i) review the plan and its implementation; and
(ii) prepare a report setting forth the findings of the review.
(b) Each report under Subsection (5)(a)(ii) shall include a description of:
(i) efforts made by the county to reduce, mitigate, or eliminate local regulatory barriers to
moderate income housing;
(ii) actions taken by the county to encourage preservation of existing moderate income
housing and development of new moderate income housing;
(iii) progress made within the county to provide moderate income housing, as measured
by permits issued for new units of moderate income housing; and
(iv) efforts made by the county to coordinate moderate income housing plans and actions
with neighboring counties.
(c) The legislative body of each county with a population over 25,000 shall send a copy
of the report under Subsection (5)(a)(ii) to the Department of Community and [
(6) In a civil action seeking enforcement or claiming a violation of this section, a plaintiff
may not recover damages but may be awarded injunctive or other equitable relief only.
Section 11. Section 17A-2-1318 is amended to read:
17A-2-1318. Guaranteed bonds.
(1) Guaranteed bonds may be issued in addition to and in excess of the 12% limitation
provided for in Section 17A-2-1317 , but only upon the conditions provided for in Subsections (2)
and (3).
(2) There shall have been filed with and approved by the [
(a) a report to the service district proposing to issue the guaranteed bonds from qualified
registered architects or engineers or other persons qualified by experience as may be appropriate
to the project involved, setting forth:
(i) the estimated or, if available, the actual cost of acquisition, construction, and
equipment of the project financed or to be financed including a description of the project;
(ii) the principal amount of guaranteed bonds to be issued, the date and amount of each
stated maturity of them and, set forth separately, the same information with respect to any
guaranteed bonds of the service district as may be outstanding, including as to such outstanding
guaranteed bonds the rates of interest they bear;
(iii) the amount and the estimated amount of the annual debt service for each year during
the life of all guaranteed bonds issued and then intended to be issued to finance all or any part of
the project; and
(iv) the date or estimated date of the completion of the project;
(b) a copy, certified by the recording officer of the governing authority of the service
district of the proposed guarantee by one or more taxpayers owning property within the
boundaries of the service district of debt service on the guaranteed bonds, together with an
opinion of counsel to the effect that the guarantee, when executed, will be the legal and binding
obligation of the taxpayer or taxpayers in accordance with its tenor and terms; and
(c) evidence satisfactory to the [
Economic Development from the taxpayer or taxpayers guaranteeing the bonds as to the financial
ability of the taxpayer or taxpayers to perform under the guarantee.
(3) If the [
[
a duplicate original of the proceedings and return the same to the service district. Upon the filing
of this approval in the office of the county recorder in which the governing authority is located,
the principal amount of guaranteed bonds may be issued, but only upon compliance with the
election requirements of Section 17A-2-1322 .
(4) If the principal amount of any guaranteed bonds which having once been issued,
remain outstanding but by their terms no longer enjoy the benefit of the guarantee, shall be
included in the determination of bonded indebtedness for the purpose of the 12% limitation
contained in Section 17A-2-1317 . The service district shall on July 1st of each year file with the
department of community affairs a report certifying:
(a) the total amount of bonds and other debt then outstanding and subject to the 12%
limitation of Section 17A-2-1317 ;
(b) the total amount of guaranteed bonds then outstanding and not subject to such 12%
limitation; and
(c) the total amount of bonds which, during the preceding 12 months, were deemed by
their terms to no longer enjoy the benefit of the guarantee.
Section 12. Section 19-3-301 is amended to read:
19-3-301. Restrictions on nuclear waste placement in state.
(1) The placement, including transfer, storage, decay in storage, treatment, or disposal,
within the exterior boundaries of Utah of high-level nuclear waste or greater than class C
radioactive waste is prohibited.
(2) Notwithstanding Subsection (1) the governor, after consultation with the county
executive and county legislative body of the affected county and with concurrence of the
Legislature, may specifically approve the placement as provided in this part, but only if:
(a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the
Nuclear Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A.
2011 et seq., for the placement within the exterior boundaries of Utah of high-level nuclear waste
or greater than class C radioactive waste; and
(ii) the authority of the federal Nuclear Regulatory Commission to grant a license under
Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent jurisdiction; or
(b) an agency of the federal government is transporting the waste, and all state and
federal requirements to proceed with the transportation have been met.
(3) The requirement for the approval of a final court of competent jurisdiction shall be
met in all of the following categories, in order for a state license proceeding regarding waste to
begin:
(a) transfer or transportation, by rail, truck, or other mechanisms;
(b) storage, including any temporary storage at a site away from the generating reactor;
(c) decay in storage;
(d) treatment; and
(e) disposal.
(4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category
listed in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the governor,
with the concurrence of the attorney general, shall certify in writing to the executive director of
the Department of Environmental Quality that all of the requirements have been met, and that
any necessary state licensing processes may begin.
(b) Separate certification under this Subsection (4) shall be given for each category in
Subsection (3).
(5) (a) The department shall make, by rule, a determination of the dollar amount of the
health and economic costs expected to result from a reasonably foreseeable accidental release of
waste involving a transfer facility or storage facility, or during transportation of waste, within the
exterior boundaries of the state. The department may initiate rulemaking under this Subsection
(5)(a) on or after March 15, 2001.
(b) (i) The department shall also determine the dollar amount currently available to cover
the costs as determined in Subsection (5)(a):
(A) under nuclear industry self-insurance;
(B) under federal insurance requirements; and
(C) in federal monies.
(ii) The department may not include any calculations of federal monies that may be
appropriated in the future in determining the amount under Subsection (5)(b)(i).
(c) The department shall use the information compiled under Subsections (5)(a) and (b)
to determine the amount of unfunded potential liability in the event of a release of waste from a
storage or transfer facility, or a release during the transportation of waste.
(6) (a) State agencies may not, for the purpose of providing any goods, services, or
municipal-type services to a storage facility or transfer facility, or to any organization engaged in
the transportation of waste, enter into any contracts or any other agreements prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 19-3-304 through 19-3-308 have been met for the purposes of a license application
proceeding for a storage facility or transfer facility.
(b) Political subdivisions of the state may not enter into any contracts or any other
agreements for the purpose of providing any goods, services, or municipal-type services to a
storage facility or transfer facility, or to any organization engaged in the transportation of waste.
(c) This Subsection (6) does not prohibit a state agency from exercising the regulatory
authority granted to it by law.
(7) (a) Notwithstanding any other provision of law, any political subdivision may not be
formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
conditions in Subsection (4). These political subdivisions include:
(i) a cooperative;
(ii) a special district authorized by Title 17A, Special Districts;
(iii) a limited purpose local governmental entities authorized by Title 17, Counties;
(iv) any joint power agreement authorized by Title 11, Cities, Counties, and Local
Taxing Units; and
(v) the formation of a municipality, or any authority of a municipality authorized by Title
10, Utah Municipal Code.
(b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision authorized
and formed under the laws of the state on or after March 15, 2001 which subsequently contracts
to, or in any manner agrees to provide, or does provide goods, services, or municipal-type
services to a storage facility or transfer facility is formed in violation of Subsection (7)(a).
(ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political
subdivision are considered to have knowingly violated a provision of this part, and the penalties
of Section 19-3-312 apply.
(8) (a) An organization may not be formed for the purpose of providing any goods,
services, or municipal-type services to a storage facility or transfer facility prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 19-3-304 through 19-3-308 have been met.
(b) A foreign organization may not be registered to do business in the state for the
purpose of providing any goods, services, or municipal-type services to a storage facility or
transfer facility prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 19-3-304 through 19-3-308 have been met.
(c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and:
(i) the formation of a new organization or registration of a foreign organization within
the state, any of whose purposes are to provide goods, services, or municipal-type services to a
storage facility or transfer facility may not be licensed or registered in the state, and the local or
foreign organization is void and does not have authority to operate within the state;
(ii) any organization which is formed or registered on or after March 15, 2001, and which
subsequently contracts to, or in any manner agrees to provide, or does provide goods, services, or
municipal-type services to a storage facility or transfer facility has been formed or registered in
violation of Subsection (8)(a) or (b) respectively; and
(iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the
organization or the principals of the foreign organization, are considered to have knowingly
violated a provision of this part, and are subject to the penalties in Section 19-3-312 .
(9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
services to any organization engaging in, or attempting to engage in the placement of high-level
nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility
within the state are declared to be against the greater public interest, health, and welfare of the
state, by promoting an activity which has the great potential to cause extreme public harm.
(ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or
informal, are declared to be void from inception, agreement, or execution as against public
policy.
(b) (i) Any contract or other agreement to provide goods, services, or municipal-type
services to storage or transfer facilities may not be executed within the state.
(ii) Any contract or other agreement, existing or executed on or after March 15, 2001, is
considered void from the time of agreement or execution.
(10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual
transaction fee of 75% of the gross value of the contract to the party providing the goods,
services, or municipal-type services to the storage facility or transfer facility or transportation
entity. The fee shall be assessed per calendar year, and is payable on a prorated basis on or
before the last day of each month in accordance with rules established under Subsection (10)(d),
and as follows:
(i) 25% of the gross value of the contract to the department; and
(ii) 50% of the gross value of the contract to the Department of Community and
[
in Subsection (11).
(b) Contracts and agreements subject to the fee under Subsection (10)(a) are those
contracts and agreements to provide goods, services, or municipal-type services to a storage or
transfer facility, or to any organization engaged in the transportation of high-level nuclear waste
or greater than class C radioactive waste to a transfer facility or storage facility, and which:
(i) are in existence on March 15, 2001; or
(ii) become effective notwithstanding Subsection (9)(a).
(c) Any governmental agency which regulates the charges to consumers for services
provided by utilities or other organizations shall require the regulated utility or organization to
include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods,
services, or municipal-type services affected by Subsection (10)(b).
(d) (i) The department, in consultation with the State Tax Commission, shall establish
rules for the valuation of the contracts and assessment and collection of the fees, and other rules
as necessary to determine the amount of and collection of the fee under Subsection (10)(a). The
department may initiate rulemaking under this Subsection (10)(d)(i) on or after March 15, 2001.
(ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall
make a good faith estimate of the fee under Subsection (10)(a) for calender year 2001, and remit
that amount to the department on or before July 31, 2001.
(11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to the
Department of Community and [
Indian Affairs shall be used for establishment of a statewide community and economic
development program for the tribes of Native American people within the exterior boundaries of
the state who have by tribal procedure established a position rejecting siting of any nuclear waste
facility on their reservation lands.
(b) The program under Subsection (11)(a) shall include:
(i) educational services and facilities;
(ii) health care services and facilities;
(iii) programs of economic development;
(iv) utilities;
(v) sewer;
(vi) street lighting;
(vii) roads and other infrastructure; and
(viii) oversight and staff support for the program.
(12) It is the intent of the Legislature that this part does not prohibit or interfere with a
person's exercise of the rights under the First Amendment to the Constitution of the United States
or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a storage
facility or transfer facility within the borders of the state for the placement of high-level nuclear
waste or greater than class C radioactive waste.
Section 13. Section 19-6-807 is amended to read:
19-6-807. Special revenue fund -- Creation -- Deposits.
(1) There is created a restricted special revenue fund entitled the "Waste Tire Recycling
Fund."
(2) The fund shall consist of:
(a) the proceeds of the fee imposed under Section 19-6-805 ;
(b) penalties collected under this part; and
(c) assets transferred to and loan repayments deposited in the fund pursuant to Section
19-6-824 .
(3) Money in the fund shall be used for:
(a) partial reimbursement of the costs of transporting, processing, recycling, or disposing
of waste tires as provided in this part;
(b) payment of administrative costs of local health departments as provided in Section
19-6-817 ;
(c) payment of costs incurred by the Division of Finance in accounting for and tracking
outstanding loans made under the Waste Tire Recycling Industrial Assistance Loan Program; and
(d) payment of costs incurred by the [
of Economic Development in collecting outstanding loans made under the Waste Tire Recycling
Industrial Assistance Loan Program.
(4) The Legislature may appropriate money from the fund to pay for costs of the
Department of Environmental Quality in administering and enforcing this part.
Section 14. Section 19-6-824 is amended to read:
19-6-824. Transfer of assets and liabilities from Waste Tire Recycling Industrial
Assistance Loan Fund to restricted special revenue fund -- Administration of outstanding
loans.
(1) The assets and liabilities of the Waste Tire Recycling Industrial Assistance Loan
Fund shall be transferred to the restricted special revenue fund.
(2) The Division of Finance shall account for and track any outstanding loans made
under the Waste Tire Recycling Industrial Assistance Loan Program.
(3) (a) The [
Development shall administer the collection of any outstanding loans made under the Waste Tire
Recycling Industrial Assistance Loan Program.
(b) Any loan repayments shall be deposited in the fund.
Section 15. Section 19-9-104 is amended to read:
19-9-104. Creation of authority -- Members.
(1) (a) The authority comprises ten members. If the requirements of Section 19-9-103 are
met, the governor shall, with the consent of the Senate, appoint six members of the authority
from the public-at-large.
(b) The remaining four members of the authority are:
(i) the executive director of the Department of Environmental Quality;
(ii) the [
Office of Economic Development or the director's designee;
(iii) the executive director of the Department of Natural Resources; and
(iv) the executive director of the Department of Transportation.
(2) Public-at-large members, no more than three of whom shall be from the same
political party, shall be appointed to six-year terms of office, subject to removal by the governor
with or without cause.
(3) The governor shall name one public-at-large member as chairman of the authority
responsible for the call and conduct of authority meetings.
(4) The authority may elect other officers as necessary.
(5) Five members of the authority present at a properly noticed meeting constitute a
quorum for the transaction of official authority business.
(6) Public-at-large members are entitled to per diem and expenses for each day devoted
to authority business at the rates established by the director of the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
Section 16. Section 35A-1-206 is amended to read:
35A-1-206. State Council on Workforce Services -- Appointment -- Membership --
Terms of members -- Compensation.
(1) There is created a State Council on Workforce Services that shall:
(a) perform the activities described in Subsection (8);
(b) advise on issues requested by the department and the Legislature; and
(c) make recommendations to the department regarding:
(i) the implementation of Chapters 2, 3, and 5; and
(ii) the coordination of apprenticeship training.
(2) (a) The council shall consist of the following voting members:
(i) each chair of a regional workforce services council appointed under Section
35A-2-103 ;
(ii) the superintendent of public instruction or the superintendent's designee;
(iii) the commissioner of higher education or the commissioner's designee; and
(iv) the following members appointed by the governor in consultation with the executive
director:
(A) four representatives of small employers as defined by rule by the department;
(B) four representatives of large employers as defined by rule by the department;
(C) four representatives of employees or employee organizations, including at least one
representative from nominees suggested by public employees organizations;
(D) two representatives of the clients served under this title including community-based
organizations;
(E) a representative of veterans in the state; and
(F) the executive director of the Utah State Office of Rehabilitation.
(b) The following shall serve as nonvoting ex officio members of the council:
(i) the executive director or the executive director's designee;
(ii) a legislator appointed by the governor from nominations of the speaker of the House
of Representatives and president of the Senate;
(iii) the executive director of the Department of Human Services;
(iv) the [
Office of Economic Development or the director's designee; and
(v) the executive director of the Department of Health.
(3) (a) The governor shall appoint one nongovernmental member from the council to be
the chair.
(b) The chair shall serve at the pleasure of the governor.
(4) (a) A member appointed by the governor shall serve a term of four years and may be
reappointed to one additional term.
(b) A member shall continue to serve until the member's successor has been appointed
and qualified.
(c) Except as provided in Subsection (4)(d), as terms of council members expire, the
governor shall appoint each new member or reappointed member to a four-year term.
(d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of council
members are staggered so that approximately one half of the council is appointed every two
years.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) A majority of the voting members constitutes a quorum for the transaction of
business.
(6) (a) (i) A public member may not receive compensation for the member's services, but
may receive per diem and expenses incurred in the performance of the member's official duties at
the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) A public member may decline to receive per diem and expenses for the member's
service.
(b) (i) A state government member who does not receive salary, per diem, or expenses
from the state for the member's service may receive per diem and expenses incurred in the
performance of the member's official duties as a member at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) A state government member who is a member because of the member's state
government position may not receive per diem or expenses for the member's service.
(iii) A state government member may decline to receive per diem and expenses for the
member's service.
(c) A legislator on the council shall receive compensation and expenses as provided by
law and legislative rule.
(d) A higher education member who does not receive salary, per diem, or expenses from
the entity that the member represents for the member's service may receive per diem and
expenses incurred in the performance of the member's official duties from the council at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(e) (i) A local government member who does not receive salary, per diem, or expenses
from the entity that the member represents for the member's service may receive per diem and
expenses incurred in the performance of the member's official duties at the rates established by
the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) A local government member may decline to receive per diem and expenses for the
member's service.
(7) The department shall provide staff and administrative support to the council at the
direction of the executive director.
(8) The council shall:
(a) develop a state workforce services plan in accordance with Section 35A-1-207 ;
(b) review regional workforce services plans to certify consistency with state policy
guidelines;
(c) work cooperatively with regional councils on workforce services to oversee regional
workforce services area operations and to ensure that services are being delivered in accordance
with regional workforce services plans;
(d) oversee the department's provision of technical assistance to the regional workforce
services areas;
(e) evaluate program performance, customer satisfaction, and other indicators to identify
program strengths and weaknesses;
(f) based on the evaluation conducted under Subsection (8)(e) develop plans to improve
program outcomes;
(g) improve the understanding and visibility of state workforce services efforts through
external and internal marketing strategies;
(h) make an annual report of accomplishments to the governor and the Legislature related
to the activities of the department;
(i) issue other studies, reports, or documents the council considers advisable that are not
required under Subsection (8)(h);
(j) coordinate the planning and delivery of workforce development services with public
education, higher education, vocational rehabilitation, and human services; and
(k) perform other responsibilities within the scope of workforce services as requested by:
(i) the Legislature;
(ii) the governor; or
(iii) the executive director.
Section 17. Section 35A-3-103 is amended to read:
35A-3-103. Division responsibilities.
The division shall:
(1) administer public assistance programs assigned by the Legislature and the governor;
(2) determine eligibility in accordance with the requirements of this chapter for public
assistance programs assigned to it by the Legislature or the governor;
(3) cooperate with the federal government in the administration of public assistance
programs;
(4) administer the Utah state employment service in accordance with Section 35A-3-115 ;
(5) provide for the compilation of necessary or desirable information, statistics, and
reports;
(6) perform other duties and functions required by law;
(7) monitor the application of eligibility policy;
(8) develop personnel training programs for more effective and efficient operation of all
programs under the administration of the division;
(9) provide refugee resettlement services;
(10) provide child care assistance for children; and
(11) provide services and support that enable clients to qualify for affordable housing in
cooperation with:
(a) the Utah Housing Corporation;
(b) the Division of Housing and Community Development within the Department of
Community and [
(c) local housing authorities.
Section 18. Section 35A-3-203 is amended to read:
35A-3-203. Functions and duties of office -- Annual report.
The office shall:
(1) assess critical child care needs throughout the state on an ongoing basis and focus its
activities on helping to meet the most critical needs;
(2) provide child care subsidy services for income-eligible children through age 12 and
for income-eligible children with disabilities through age 18;
(3) provide information:
(a) to employers for the development of options for child care in the work place; and
(b) for educating the public in obtaining quality child care;
(4) coordinate services for quality child care training and child care resource and referral
core services;
(5) apply for, accept, or expend gifts or donations from public or private sources;
(6) provide administrative support services to the committee;
(7) work collaboratively with the following for the delivery of quality child care and
early childhood programs, and school age programs throughout the state:
(a) the State Board of Education;
(b) the Department of Community and [
(c) the Department of Health;
(8) research child care programs and public policy that will improve quality and
accessibility and that will further the purposes of the office and child care, early childhood
programs, and school age programs;
(9) provide planning and technical assistance for the development and implementation of
programs in communities that lack child care, early childhood programs, and school age
programs;
(10) provide organizational support for the establishment of nonprofit organizations
approved by the Child Care Advisory Committee, created in Section 35A-3-205 ; and
(11) provide a written report on the status of child care in Utah to the Legislature by
November 1 of each year through the Workforce Services and Community and Economic
Development Interim Committee.
Section 19. Section 35A-3-205 is amended to read:
35A-3-205. Creation of committee.
(1) There is created a Child Care Advisory Committee.
(2) The committee shall counsel and advise the office in fulfilling its statutory
obligations to include:
(a) a review of and recommendations on the office's annual budget;
(b) recommendations on how the office might best respond to child care needs
throughout the state; and
(c) recommendations on the use of new monies that come into the office, including those
for the Child Care Fund.
(3) The committee is composed of the following members, with special attention given
to insure diversity and representation from both urban and rural groups:
(a) one expert in early childhood development;
(b) one child care provider who operates a center;
(c) one child care provider who operates a family child care business;
(d) one parent who receives a child care subsidy from the office and is representative of
single-parent households with children through age 12;
(e) one representative of two-parent households with children through age 12 using child
care;
(f) one representative from the public at-large;
(g) one representative of the State Office of Education;
(h) one representative of the Department of Health;
(i) one representative of the Department of Human Services;
(j) one representative of the Department of Community and [
Culture;
(k) two representatives from the corporate community, one who is a recent "Family
Friendly" award winner and who received the award because of efforts in the child care arena;
(l) two representatives from the small business community;
(m) one representative from child care advocacy groups;
(n) one representative of children with disabilities;
(o) one representative from the state Head Start Association appointed by the association;
(p) one representative from each child care provider association; and
(q) one representative of a child care resource and referral center appointed by the
organization representing child care resource and referral agencies.
(4) (a) The executive director shall appoint the members designated in Subsections (3)(a)
through (f) and (k) through (n).
(b) The head of the respective departments shall appoint the members referred to in
Subsections (3)(g) through (j).
(c) Each child care provider association shall appoint its respective member referred to in
Subsection (3)(p).
(5) (a) Except as required by Subsection (5)(b), as terms of current committee members
expire, the appointing authority shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed every
two years.
(6) When a vacancy occurs in the membership for any reason, including missing three
consecutive meetings where the member has not been excused by the chair prior to or during the
meeting, the replacement shall be appointed for the unexpired term.
(7) A majority of the members constitutes a quorum for the transaction of business.
(8) (a) The executive director shall select a chair from the committee membership.
(b) A chair may serve no more than two one-year terms as chair.
(9) (a) Members who are not government employees may not receive compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(b) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the committee at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(c) Members identified in Subsections (9)(a) and (b) may decline to receive per diem and
expenses for their service.
Section 20. Section 35A-3-309 is amended to read:
35A-3-309. Information regarding home ownership.
(1) The division shall provide information and service coordination to assist a client to
obtain affordable housing.
(2) The information and services may include:
(a) information from the Utah Housing Corporation and the Division of Housing and
Community Development within the Department of Community and [
Culture regarding special housing programs, including programs for first-time home buyers and
persons with low and moderate incomes and the eligibility requirements for those programs;
(b) referrals to programs operated by volunteers from the real estate industry that assist
clients in obtaining affordable housing, including information on home ownership, down
payments, closing costs, and credit requirements; and
(c) referrals to housing programs operated by municipalities, counties, local housing
authorities, and nonprofit housing organizations that assist individuals to obtain affordable
housing, including first-time home ownership.
Section 21. Section 35A-4-312 is amended to read:
35A-4-312. Records.
(1) (a) Each employing unit shall keep true and accurate work records containing any
information the department may prescribe by rule.
(b) The records shall be open to inspection and subject to being copied by the division or
its authorized representatives at a reasonable time and as often as may be necessary.
(c) The employing unit shall make the records available in the state for three years after
the calendar year in which the services were rendered.
(2) The division may require from an employing unit any sworn or unsworn reports with
respect to persons employed by it that the division considers necessary for the effective
administration of this chapter.
(3) Except as provided in this section or in Sections 35A-4-103 and 35A-4-106 ,
information obtained under this chapter or obtained from an individual may not be published or
open to public inspection in any manner revealing the employing unit's or individual's identity.
(4) (a) The information obtained by the division under this section may not be used in
court or admitted into evidence in an action or proceeding, except:
(i) in an action or proceeding arising out of this chapter;
(ii) in an action or proceeding by the Labor Commission to enforce the provisions of
Title 34, Chapter 23, Employment of Minors, Chapter 28, Payment of Wages, Chapter 40, Utah
Minimum Wage Act, or Title 34A, Utah Labor Code, [
division under Subsection (6)(b); or
(iii) under the terms of a court order obtained under Subsection 63-2-202 (7) and Section
63-2-207 of the Government Records Access and Management Act.
(b) The information obtained by the division under this section shall be disclosed to:
(i) a party to an unemployment insurance hearing before an administrative law judge of
the department or a review by the Workforce Appeals Board to the extent necessary for the
proper presentation of the party's case; or
(ii) an employer, upon request in writing for any information concerning claims for
benefits with respect to the employer's former employees.
(5) The information obtained by the division under this section may be disclosed to:
(a) an employee of the department in the performance of the employee's duties in
administering this chapter or other programs of the department;
(b) an employee of the Labor Commission for the purpose of carrying out the programs
administered by the Labor Commission;
(c) an employee of the governor's office and other state governmental agencies
administratively responsible for statewide economic development, to the extent necessary for
economic development policy analysis and formulation;
(d) an employee of other governmental agencies that are specifically identified and
authorized by federal or state law to receive the information for the purposes stated in the law
authorizing the employee of the agency to receive the information;
(e) an employee of a governmental agency or workers' compensation insurer to the extent
the information will aid in the detection or avoidance of duplicate, inconsistent, or fraudulent
claims against a workers' compensation program, public assistance funds, or the recovery of
overpayments of workers' compensation or public assistance funds;
(f) an employee of a law enforcement agency to the extent the disclosure is necessary to
avoid a significant risk to public safety or in aid of a felony criminal investigation;
(g) an employee of the State Tax Commission or the Internal Revenue Service for the
purposes of audit verification or simplification, state or federal tax compliance, verification of
Standard Industry Codes, and statistics;
(h) an employee or contractor of the department or an educational institution, or other
governmental entity engaged in workforce investment and development activities under the
Workforce Investment Act of 1998 for the purpose of coordinating services with the department,
evaluating the effectiveness of those activities, and measuring performance;
(i) an employee of the [
Development, for the purpose of periodically publishing in the Directory of Business and
Industry, the name, address, telephone number, number of employees by range, Standard
Industrial Code, and type of ownership of Utah employers;
(j) the public for any purpose following a written waiver by all interested parties of their
rights to nondisclosure; or
(k) an individual whose wage data has been submitted to the department by an employer,
so long as no information other than the individual's wage data and the identity of the party who
submitted the information is provided to the individual.
(6) Disclosure of private information under Subsection (4)(a)(ii) or Subsection (5), with
the exception of Subsections (5)(a) and (f), shall be made only if:
(a) the division determines that the disclosure will not have a negative effect on the
willingness of employers to report wage and employment information or on the willingness of
individuals to file claims for unemployment benefits; and
(b) the agency enters into a written agreement with the division in accordance with rules
made by the department.
(7) (a) The employees of a division of the department other than the Division of
Workforce Information and Payment Services or an agency receiving private information from
the division under this chapter are subject to the same requirements of privacy and confidentiality
and to the same penalties for misuse or improper disclosure of the information as employees of
the division.
(b) Use of private information obtained from the department by a person, or for a
purpose other than one authorized in Subsection (4) or (5) violates Subsection 76-8-1301 (4).
Section 22. Section 41-1a-405 is amended to read:
41-1a-405. License plate slogan -- Purpose -- Selection.
(1) The slogan required by Section 41-1a-402 shall be a brief slogan designed to promote
the recreational, scenic, historic, or tourist attractions of the state.
(2) (a) The slogan shall be selected by the commission pursuant to its procedures.
(b) The commission in selecting the slogan shall consult with all interested state agencies
including:
(i) the Utah Highway Patrol;
[
[
Development; and
[
Section 23. Section 46-4-503 is amended to read:
46-4-503. Government products and services provided electronically.
(1) Notwithstanding Section 46-4-501 , a state governmental agency that administers one
or more of the following transactions shall allow those transactions to be conducted
electronically:
(a) an application for or renewal of a professional or occupational license issued under
Title 58, Occupations and Professions;
(b) the renewal of a drivers license;
(c) an application for a hunting or fishing license;
(d) the filing of:
(i) a return under Title 59, Chapter 10, Individual Income Tax Act or 12, Sales and Use
Tax Act;
(ii) a court document, as defined by the Judicial Council; or
(iii) a document under Title 70A, Uniform Commercial Code;
(e) a registration for:
(i) a product; or
(ii) a brand;
(f) a renewal of a registration of a motor vehicle;
(g) a registration under:
(i) Title 16, Corporations;
(ii) Title 42, Names; or
(iii) Title 48, Partnership; or
(h) submission of an application for benefits:
(i) under Title 35A, Chapter 3, Employment Support Act;
(ii) under Title 35A, Chapter 4, Employment Security Act; or
(iii) related to accident and health insurance.
(2) The state system of public education, in coordination with the Utah Education
Network, shall make reasonable progress toward making the following services available
electronically:
(a) secure access by parents and students to student grades and progress reports;
(b) e-mail communications with:
(i) teachers;
(ii) parent-teacher associations; and
(iii) school administrators;
(c) access to school calendars and schedules; and
(d) teaching resources that may include:
(i) teaching plans;
(ii) curriculum guides; and
(iii) media resources.
(3) A state governmental agency shall:
(a) in carrying out the requirements of this section, take reasonable steps to ensure the
security and privacy of records that are private or controlled as defined by Title 63, Chapter 2,
Government Records Access and Management Act;
(b) in addition to those transactions listed in Subsections (1) and (2), determine any
additional services that may be made available to the public through electronic means; and
(c) as part of the agency's information technology plan required by Section 63D-1a-303 ,
report on the progress of compliance with Subsections (1) through (3).
(4) Notwithstanding the other provisions of this part, a state governmental agency is not
required by this part to conduct a transaction electronically if:
(a) conducting the transaction electronically is not required by federal law; and
(b) conducting the transaction electronically is:
(i) impractical;
(ii) unreasonable; or
(iii) not permitted by laws pertaining to privacy or security.
(5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
access to diverse services and agencies at one location including virtual colocation.
(b) State agencies that provide services or offer direct assistance to the business
community shall participate in the establishment, maintenance, and enhancement of an integrated
Utah business web portal known as Business.utah.gov. The purpose of the business web portal is
to provide "one-stop shop" assistance to businesses.
(c) State agencies shall partner with other governmental and nonprofit agencies whose
primary mission is to provide services or offer direct assistance to the business community in
Utah in fulfilling the requirements of this section.
(d) The following state [
Subsection (5):
(i) [
shall serve as the managing partner for the website;
(ii) Department of Workforce Services;
(iii) Department of Commerce;
(iv) Tax Commission;
(v) Department of Administrative Services - Division of Purchasing and General
Services, including other state agencies operating under a grant of authority from the division to
procure goods and services in excess of $5,000;
(vi) Department of Agriculture;
(vii) Department of Natural Resources; and
(viii) other state agencies that provide services or offer direct assistance to the business
sector.
(e) The business services available on the business web portal may include:
(i) business life cycle information;
(ii) business searches;
(iii) employment needs and opportunities;
(iv) motor vehicle registration;
(v) permit applications and renewal;
(vi) tax information;
(vii) government procurement bid notifications;
(viii) general business information;
(ix) business directories; and
(x) business news.
Section 24. Section 53B-18-1002 is amended to read:
53B-18-1002. Establishment of the center -- Purpose -- Duties and responsibilities.
(1) There is established the Mormon Pioneer Heritage Center in connection with Utah
State University.
(2) The purpose of the center is to coordinate interdepartmental research and extension
efforts in recreation, heritage tourism, and agricultural extension service and to enter into
cooperative contracts with the United States Departments of Agriculture and Interior, state,
county, and city officers, public and private organizations, and individuals to enhance Mormon
pioneer heritage.
(3) The center has the following duties and responsibilities:
(a) to support U.S. Congressional findings that the landscape, architecture, traditions,
products, and events in the counties convey the heritage of pioneer settlements and their role in
agricultural development;
(b) to coordinate with extension agents in the counties to assist in the enhancement of
heritage businesses and the creation of heritage products;
(c) to foster a close working relationship with all levels of government, the private sector,
residents, business interests, and local communities;
(d) to support U.S. Congressional findings that the historical, cultural, and natural
heritage legacies of Mormon colonization and settlement are nationally significant;
(e) to encourage research and studies relative to the variety of heritage resources along
the 250-mile Highway 89 corridor from Fairview to Kanab, Utah, and Highways 12 and 24, the
All American Road, to the extent those resources demonstrate:
(i) the colonization of the western United States; and
(ii) the expansion of the United States as a major world power;
(f) to demonstrate that the great relocation to the western United States was facilitated
by:
(i) the 1,400 mile trek from Illinois to the Great Salt Lake by the Mormon Pioneers; and
(ii) the subsequent colonization effort in Nevada, Utah, the southeast corner of Idaho, the
southwest corner of Wyoming, large areas of southeastern Oregon, much of southern California,
and areas along the eastern border of California; and
(g) to assist in interpretive efforts that demonstrate how the Boulder Loop, Capitol Reef
National Park, Zion National Park, Bryce Canyon National Park, and the Highway 89 area
convey the compelling story of how early settlers:
(i) interacted with Native Americans; and
(ii) established towns and cities in a harsh, yet spectacular, natural environment.
(4) The center, in collaboration with the U.S. Department of Interior, the National Park
Service, the U.S. Department of Agriculture, the U.S. Forest Service, the Utah Department of
Community and [
alliance and its intergovernmental local partners, shall:
(a) assist in empowering communities in the counties to conserve, preserve, and enhance
the heritage of the communities while strengthening future economic opportunities;
(b) help conserve, interpret, and develop the historical, cultural, natural, and recreational
resources within the counties; and
(c) expand, foster, and develop heritage businesses and products relating to the cultural
heritage of the counties.
(5) The center, in collaboration with the U.S. Department of the Interior, the National
Park Service, and with funding from the alliance, shall develop a heritage management plan.
Section 25. Section 59-7-610 is amended to read:
59-7-610. Recycling market development zones tax credit.
(1) For taxable years beginning on or after January 1, 1996, a business operating in a
recycling market development zone as defined in Section [
tax credit as provided in this section.
(a) (i) There shall be allowed a nonrefundable tax credit of 5% of the purchase price paid
for machinery and equipment used directly in:
(A) commercial composting; or
(B) manufacturing facilities or plant units that:
(I) manufacture, process, compound, or produce recycled items of tangible personal
property for sale; or
(II) reduce or reuse postconsumer waste material.
(ii) The [
shall certify that the machinery and equipment described in Subsection (1)(a)(i) are integral to the
composting or recycling process:
(A) on a form provided by the commission; and
(B) before a taxpayer is allowed a tax credit under this section.
(iii) The [
shall provide a taxpayer seeking to claim a tax credit under this section with a copy of the form
described in Subsection (1)(a)(ii).
(iv) The taxpayer described in Subsection (1)(a)(iii) shall retain a copy of the form
received under Subsection (1)(a)(iii).
(b) There shall be allowed a nonrefundable tax credit equal to 20% of net expenditures
up to $10,000 to third parties for rent, wages, supplies, tools, test inventory, and utilities made by
the taxpayer for establishing and operating recycling or composting technology in Utah, with an
annual maximum tax credit of $2,000.
(2) The total nonrefundable tax credit allowed under this section may not exceed 40% of
the Utah income tax liability of the taxpayer prior to any tax credits in the taxable year of
purchase prior to claiming the tax credit authorized by this section.
(3) (a) Any tax credit not used for the taxable year in which the purchase price on
composting or recycling machinery and equipment was paid may be carried over for credit
against the business' income taxes in the three succeeding taxable years until the total tax credit
amount is used.
(b) Tax credits not claimed by a business on the business' state income tax return within
three years are forfeited.
(4) The commission shall make rules governing what information shall be filed with the
commission to verify the entitlement to and amount of a tax credit.
(5) (a) Notwithstanding Subsection (1)(a), for taxable years beginning on or after January
1, 2001, a taxpayer may not claim or carry forward a tax credit described in Subsection (1)(a) in a
taxable year during which the taxpayer claims or carries forward a tax credit under Section
[
(b) For a taxable year other than a taxable year during which the taxpayer may not claim
or carry forward a tax credit in accordance with Subsection (5)(a), a taxpayer may claim or carry
forward a tax credit described in Subsection (1)(a):
(i) if the taxpayer may claim or carry forward the tax credit in accordance with
Subsections (1) and (2); and
(ii) subject to Subsections (3) and (4).
(6) Notwithstanding Subsection (1)(b), for taxable years beginning on or after January 1,
2001, a taxpayer may not claim a tax credit described in Subsection (1)(b) in a taxable year
during which the taxpayer claims or carries forward a tax credit under Section [
63-38f-413 .
(7) A taxpayer may not claim or carry forward a tax credit available under this section for
a taxable year during which the taxpayer has claimed the targeted business income tax credit
available under Section [
Section 26. Section 59-10-108.7 is amended to read:
59-10-108.7. Recycling market development zones tax credit.
(1) For taxable years beginning on or after January 1, 1996, an individual in a recycling
market development zone as defined in Section [
provided in this section.
(a) (i) There shall be allowed a nonrefundable tax credit of 5% of the purchase price paid
for machinery and equipment used directly in:
(A) commercial composting; or
(B) manufacturing facilities or plant units that:
(I) manufacture, process, compound, or produce recycled items of tangible personal
property for sale; or
(II) reduce or reuse postconsumer waste material.
(ii) The [
shall certify that the machinery and equipment described in Subsection (1)(a)(i) are integral to the
composting or recycling process:
(A) on a form provided by the commission; and
(B) before a taxpayer is allowed a tax credit under this section.
(iii) The [
shall provide a taxpayer seeking to claim a tax credit under this section with a copy of the form
described in Subsection (1)(a)(ii).
(iv) The taxpayer described in Subsection (1)(a)(iii) shall retain a copy of the form
received under Subsection (1)(a)(iii).
(b) There shall be allowed a nonrefundable tax credit equal to 20% of net expenditures
up to $10,000 to third parties for rent, wages, supplies, tools, test inventory, and utilities made by
the taxpayer for establishing and operating recycling or composting technology in Utah, with an
annual maximum tax credit of $2,000.
(2) The total nonrefundable tax credit allowed under this section may not exceed 40% of
the Utah income tax liability of the taxpayer prior to any tax credits in the taxable year of
purchase prior to claiming the tax credit authorized by this section.
(3) (a) Any tax credit not used for the taxable year in which the purchase price on
composting or recycling machinery and equipment was paid may be carried over for credit
against the individual's income taxes in the three succeeding taxable years until the total tax
credit amount is used.
(b) Tax credits not claimed by an individual on the individual's state income tax return
within three years are forfeited.
(4) The commission shall make rules governing what information shall be filed with the
commission to verify the entitlement to and amount of a tax credit.
(5) (a) Notwithstanding Subsection (1)(a), for taxable years beginning on or after January
1, 2001, a taxpayer may not claim or carry forward a tax credit described in Subsection (1)(a) in a
taxable year during which the taxpayer claims or carries forward a tax credit under Section
[
(b) For a taxable year other than a taxable year during which the taxpayer may not claim
or carry forward a tax credit in accordance with Subsection (5)(a), a taxpayer may claim or carry
forward a tax credit described in Subsection (1)(a):
(i) if the taxpayer may claim or carry forward the tax credit in accordance with
Subsections (1) and (2); and
(ii) subject to Subsections (3) and (4).
(6) Notwithstanding Subsection (1)(b), for taxable years beginning on or after January 1,
2001, a taxpayer may not claim a tax credit described in Subsection (1)(b) in a taxable year
during which the taxpayer claims or carries forward a tax credit under Section [
63-38f-413 .
(7) A taxpayer may not claim or carry forward a tax credit available under this section for
a taxable year during which the taxpayer has claimed the targeted business income tax credit
available under Section [
Section 27. Section 59-21-2 is amended to read:
59-21-2. Definitions -- Mineral Bonus Account created -- Contents -- Use of
Mineral Bonus Account money -- Mineral Lease Account created -- Contents --
Appropriation of monies from Mineral Lease Account.
(1) As used in this section:
(a) "Acquired lands" is as defined in Section 53C-3-201 .
(b) "Acquired mineral interests" is as defined in Section 53C-3-201 .
(2) (a) The Mineral Bonus Account is created within the General Fund.
(b) The Mineral Bonus Account consists of federal mineral lease bonus payments
deposited pursuant to Subsection 59-21-1 (3).
(c) The Legislature shall make appropriations from the Mineral Bonus Account in
accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 191.
(d) The state treasurer shall:
(i) invest the money in the Mineral Bonus Account by following the procedures and
requirements of Title 51, Chapter 7, State Money Management Act; and
(ii) deposit all interest or other earnings derived from the account into the Mineral Bonus
Account.
(3) (a) The Mineral Lease Account is created within the General Fund.
(b) The Mineral Lease Account consists of:
(i) federal mineral lease money deposited pursuant to Subsection 59-21-1 (1); and
(ii) rentals and royalties from the lease of the following deposited pursuant to Section
53C-3-202 :
(A) minerals on acquired lands; or
(B) acquired mineral interests.
(c) The Legislature shall make appropriations from the Mineral Lease Account as
provided in Subsection 59-21-1 (1) and this Subsection (3).
(d) The Legislature shall annually appropriate 32.5% of all deposits made to the Mineral
Lease Account to the Permanent Community Impact Fund established by Section 9-4-303 .
(e) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
Lease Account to the State Board of Education, to be used for education research and
experimentation in the use of staff and facilities designed to improve the quality of education in
Utah.
(f) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
Lease Account to the Utah Geological Survey, to be used for activities carried on by the survey
having as a purpose the development and exploitation of natural resources in the state.
(g) The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
Lease Account to the Water Research Laboratory at Utah State University, to be used for
activities carried on by the laboratory having as a purpose the development and exploitation of
water resources in the state.
(h) (i) The Legislature shall annually appropriate to the Department of Transportation
40% of all deposits made to the Mineral Lease Account to be distributed as provided in
Subsection (3)(h)(ii) to:
(A) counties;
(B) special service districts established:
(I) by counties;
(II) under Title 17A, Chapter 2, Part 13, Utah Special Service District Act; and
(III) for the purpose of constructing, repairing, or maintaining roads; or
(C) special service districts established:
(I) by counties;
(II) under Title 17A, Chapter 2, Part 13, Utah Special Service District Act; and
(III) for other purposes authorized by statute.
(ii) The Department of Transportation shall allocate the funds specified in Subsection
(3)(h)(i):
(A) in amounts proportionate to the amount of mineral lease money generated by each
county; and
(B) to a county or special service district established by a county under Title 17A,
Chapter 2, Part 13, Utah Special Service District Act, as determined by the county legislative
body.
(i) (i) The Legislature shall annually appropriate 5% of all deposits made to the Mineral
Lease Account to the Department of Community and [
distributed to:
(A) special service districts established:
(I) by counties;
(II) under Title 17A, Chapter 2, Part 13, Utah Special Service District Act; and
(III) for the purpose of constructing, repairing, or maintaining roads; or
(B) special service districts established:
(I) by counties;
(II) under Title 17A, Chapter 2, Part 13, Utah Special Service District Act; and
(III) for other purposes authorized by statute.
(ii) The Department of Community and [
the amounts described in Subsection (3)(i)(i) only to special service districts established under
Title 17A, Chapter 2, Part 13, Utah Special Service District Act, by counties:
(A) of the third, fourth, fifth, or sixth class;
(B) in which 4.5% or less of the mineral lease moneys within the state are generated; and
(C) that are significantly socially or economically impacted as provided in Subsection
(3)(i)(iii) by the development of:
(I) minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec. 181 et seq.;
(II) minerals on acquired lands; or
(III) acquired mineral interests.
(iii) The significant social or economic impact required under Subsection (3)(i)(ii)(C)
shall be as a result of:
(A) the transportation within the county of hydrocarbons, including solid hydrocarbons
as defined in Section 59-5-101 ;
(B) the employment of persons residing within the county in hydrocarbon extraction,
including the extraction of solid hydrocarbons as defined in Section 59-5-101 ; or
(C) a combination of Subsections (3)(i)(iii)(A) and (B).
(iv) For purposes of distributing the appropriations under this Subsection (3)(i) to special
service districts established by counties under Title 17A, Chapter 2, Part 13, Utah Special Service
District Act, the Department of Community and [
(A) (I) allocate 50% of the appropriations equally among the counties meeting the
requirements of Subsections (3)(i)(ii) and (iii); and
(II) allocate 50% of the appropriations based on the ratio that the population of each
county meeting the requirements of Subsections (3)(i)(ii) and (iii) bears to the total population of
all of the counties meeting the requirements of Subsections (3)(i)(ii) and (iii); and
(B) after making the allocations described in Subsection (3)(i)(iv)(A), distribute the
allocated revenues to special service districts established by the counties under Title 17A,
Chapter 2, Part 13, Utah Special Service District Act, as determined by the executive director of
the Department of Community and [
county legislative bodies of the counties meeting the requirements of Subsections (3)(i)(ii) and
(iii).
(v) The executive director of the Department of Community and [
(A) shall determine whether a county meets the requirements of Subsections (3)(i)(ii) and
(iii);
(B) shall distribute the appropriations under Subsection (3)(i)(i) to special service
districts established by counties under Title 17A, Chapter 2, Part 13, Utah Special Service
District Act, that meet the requirements of Subsections (3)(i)(ii) and (iii); and
(C) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, may
make rules:
(I) providing a procedure for making the distributions under this Subsection (3)(i) to
special service districts; and
(II) defining the term "population" for purposes of Subsection (3)(i)(iv).
(j) (i) The Legislature shall annually make the following appropriations from the Mineral
Lease Account:
(A) an amount equal to 52 cents multiplied by the number of acres of school or
institutional trust lands, lands owned by the Division of Parks and Recreation, and lands owned
by the Division of Wildlife Resources that are not under an in lieu of taxes contract, to each
county in which those lands are located;
(B) to each county in which school or institutional trust lands are transferred to the
federal government after December 31, 1992, an amount equal to the number of transferred acres
in the county multiplied by a payment per acre equal to the difference between 52 cents per acre
and the per acre payment made to that county in the most recent payment under the federal
payment in lieu of taxes program, 31 U.S.C. Sec. 6901 et seq., unless the federal payment was
equal to or exceeded the 52 cents per acre, in which case a payment under this Subsection
(3)(j)(i)(B) may not be made for the transferred lands;
(C) to each county in which federal lands, which are entitlement lands under the federal
in lieu of taxes program, are transferred to the school or institutional trust, an amount equal to the
number of transferred acres in the county multiplied by a payment per acre equal to the difference
between the most recent per acre payment made under the federal payment in lieu of taxes
program and 52 cents per acre, unless the federal payment was equal to or less than 52 cents per
acre, in which case a payment under this Subsection (3)(j)(i)(C) may not be made for the
transferred land; and
(D) to a county of the fifth or sixth class, an amount equal to the product of:
(I) $1,000; and
(II) the number of residences described in Subsection (3)(j)(iv) that are located within
the county.
(ii) A county receiving money under Subsection (3)(j)(i) may, as determined by the
county legislative body, distribute the money or a portion of the money to:
(A) special service districts established by the county under Title 17A, Chapter 2, Part
13, Utah Special Service District Act;
(B) school districts; or
(C) public institutions of higher education.
(iii) (A) Beginning in fiscal year 1994-95 and in each year after fiscal year 1994-95, the
Division of Finance shall increase or decrease the amounts per acre provided for in Subsections
(3)(j)(i)(A) through (C) by the average annual change in the Consumer Price Index for all urban
consumers published by the Department of Labor.
(B) For fiscal years beginning on or after fiscal year 2001-02, the Division of Finance
shall increase or decrease the amount described in Subsection (3)(j)(i)(D)(I) by the average
annual change in the Consumer Price Index for all urban consumers published by the Department
of Labor.
(iv) Residences for purposes of Subsection (3)(j)(i)(D)(II) are residences that are:
(A) owned by:
(I) the Division of Parks and Recreation; or
(II) the Division of Wildlife Resources;
(B) located on lands that are owned by:
(I) the Division of Parks and Recreation; or
(II) the Division of Wildlife Resources; and
(C) are not subject to taxation under:
(I) Chapter 2, Property Tax Act; or
(II) Chapter 4, Privilege Tax.
(k) The Legislature shall annually appropriate to the Permanent Community Impact Fund
all deposits remaining in the Mineral Lease Account after making the appropriations provided for
in Subsections (3)(d) through (j).
(4) (a) Each agency, board, institution of higher education, and political subdivision
receiving money under this chapter shall provide the Legislature, through the Office of the
Legislative Fiscal Analyst, with a complete accounting of the use of that money on an annual
basis.
(b) The accounting required under Subsection (4)(a) shall:
(i) include actual expenditures for the prior fiscal year, budgeted expenditures for the
current fiscal year, and planned expenditures for the following fiscal year; and
(ii) be reviewed by the Economic Development and Human Resources Appropriation
Subcommittee as part of its normal budgetary process under Title 63, Chapter 38, Budgetary
Procedures Act.
Section 28. Section 63-5b-102 is amended to read:
63-5b-102. Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone,
radio, or telecommunications.
(2) "Attack" means a nuclear, conventional, biological, or chemical warfare action
against the United States of America or this state.
(3) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of
Commerce, the Department of Community and [
Department of Corrections, the Department of Environmental Quality, the Department of
Financial Institutions, the Department of Health, the Department of Human Resource
Management, the Department of Workforce Services, the Labor Commission, the National
Guard, the Department of Insurance, the Department of Natural Resources, the Department of
Public Safety, the Public Service Commission, the Department of Human Services, the State Tax
Commission, the Department of Transportation, any other major administrative subdivisions of
state government, the State Board of Education, the State Board of Regents, the Utah Housing
Corporation, the Utah Technology Finance Corporation, the Workers' Compensation Fund, the
State Retirement Board, and each institution of higher education within the system of higher
education.
(4) "Disaster" means a situation causing, or threatening to cause, widespread damage,
social disruption, or injury or loss of life or property resulting from attack, internal disturbance,
natural phenomenon, or technological hazard.
(5) "Division" means the Division of Emergency Services and Homeland Security
established in Title 53, Chapter 2, Part 1, Emergency Services and Homeland Security Act.
(6) "Emergency interim successor" means a person designated by this chapter to exercise
the powers and discharge the duties of an office when the person legally exercising the powers
and duties of the office is unavailable.
(7) "Executive director" means the person with ultimate responsibility for managing and
overseeing the operations of each department, however denominated.
(8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
(9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,
avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
(10) (a) "Office" includes all state and local offices, the powers and duties of which are
defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(11) "Place of governance" means the physical location where the powers of an office are
being exercised.
(12) "Political subdivision" includes counties, cities, towns, townships, districts,
authorities, and other public corporations and entities whether organized and existing under
charter or general law.
(13) "Political subdivision officer" means a person holding an office in a political
subdivision.
(14) "State officer" means the attorney general, the state treasurer, the state auditor, and
the executive director of each department.
(15) "Technological hazard" means any hazardous materials accident, mine accident,
train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(16) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal
governmental operations, whether or not that absence or inability would give rise to a vacancy
under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Section 29. Section 63-38d-502 is amended to read:
63-38d-502. Membership -- Terms -- Chair -- Expenses.
(1) The Resource Development Coordinating Committee shall consist of the following
25 members:
(a) the state science advisor;
(b) a representative from the Department of Agriculture and Food appointed by the
executive director;
(c) a representative from the Department of Community and [
Culture appointed by the executive director;
(d) a representative from the Department of Environmental Quality appointed by the
executive director;
(e) a representative from the Department of Natural Resources appointed by the
executive director;
(f) a representative from the Department of Transportation appointed by the executive
director;
(g) a representative from the [
Development appointed by the director;
(h) a representative from the Division of Housing and Community Development
appointed by the director;
(i) a representative from the Division of State History appointed by the director;
(j) a representative from the Division of Air Quality appointed by the director;
(k) a representative from the Division of Drinking Water appointed by the director;
(l) a representative from the Division of Environmental Response and Remediation
appointed by the director;
(m) a representative from the Division of Radiation appointed by the director;
(n) a representative from the Division of Solid and Hazardous Waste appointed by the
director;
(o) a representative from the Division of Water Quality appointed by the director;
(p) a representative from the Division of Oil, Gas, and Mining appointed by the director;
(q) a representative from the Division of Parks and Recreation appointed by the director;
(r) a representative from the Division of Forestry, Fire and State Lands appointed by the
director;
(s) a representative from the Utah Geological Survey appointed by the director;
(t) a representative from the Division of Water Resources appointed by the director;
(u) a representative from the Division of Water Rights appointed by the director;
(v) a representative from the Division of Wildlife Resources appointed by the director;
(w) a representative from the School and Institutional Trust Lands Administration
appointed by the director;
(x) a representative from the Division of Facilities Construction and Management
appointed by the director; and
(y) a representative from the Division of Emergency Services and Homeland Security
appointed by the director.
(2) (a) As particular issues require, the committee may, by majority vote of the members
present, and with the concurrence of the state planning coordinator, appoint additional temporary
members to serve as ex officio voting members.
(b) Those ex officio members may discuss and vote on the issue or issues for which they
were appointed.
(3) A chair shall be selected by a majority vote of committee members with the
concurrence of the state planning coordinator.
(4) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the council at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
Section 30. Section 63-38f-101 , which is renumbered from Section 9-2-201 is
renumbered and amended to read:
[
This [
Development [
Section 31. Section 63-38f-102 , which is renumbered from Section 9-2-102 is
renumbered and amended to read:
[
As used in this chapter:
(1) "Board" means the Board of Business and Economic Development.
(2) "Director" means the director of the [
(3) [
Economic Development.
Section 32. Section 63-38f-201 is enacted to read:
63-38f-201. Creation of office.
(1) There is created the Governor's Office of Economic Development.
(2) The office shall:
(a) be responsible for economic development within the state;
(b) perform economic development planning for the state;
(c) administer and coordinate all state or federal grant programs which are, or become
available, for economic development;
(d) administer any other programs over which the office is given administrative
supervision by the governor;
(e) annually submit a report to the Legislature by October 1; and
(f) perform any other duties as provided by the Legislature.
(3) The office may solicit and accept contributions of moneys, services, and facilities
from any other source, public or private, but may not use the moneys for publicizing the
exclusive interest of the donor.
(4) Moneys received under Subsection (3) shall be deposited in the General Fund as
dedicated credits of the office.
Section 33. Section 63-38f-202 , which is renumbered from Section 9-1-204 is
renumbered and amended to read:
[
Compensation.
(1) The [
managed by [
(2) The [
(3) The salary of the [
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Section 34. Section 63-38f-203 , which is renumbered from Section 9-1-205 is
renumbered and amended to read:
[
(1) The [
(a) by following the procedures and requirements of Title 63, Chapter 38e, Federal Funds
Procedures, seek federal grants, loans, or participation in federal programs;
(b) enter into lawful contracts or agreements with other states, any chamber of commerce
organization, and any service club; and
(c) annually prepare and submit to the governor a budget of the [
financial requirements.
(2) If any federal program requires the expenditure of state funds as a condition to
participation by the state in any fund, property, or service, with the governor's approval, the
[
Legislature for the use of the [
Section 35. Section 63-38f-204 , which is renumbered from Section 9-1-206 is
renumbered and amended to read:
[
[
[
[
[
organize the [
the appointment of deputy directors of the [
[
(2) The [
[
Section 36. Section 63-38f-205 , which is renumbered from Section 9-1-207 is
renumbered and amended to read:
[
(1) The [
(a) become generally informed of significant rate cases and policy proceedings before the
Public Service Commission; and
(b) monitor and study the potential economic development impact of these proceedings
before the Public Service Commission.
(2) In the discretion of the [
[
testify, advise, or present argument regarding the economic development impact of any matter
that is the subject of the proceeding.
Section 37. Section 63-38f-301 , which is renumbered from Section 9-2-202 is
renumbered and amended to read:
[
[
Development which shall advise the [
[
Section 38. Section 63-38f-302 , which is renumbered from Section 9-2-203 is
renumbered and amended to read:
[
(1) (a) The board shall consist of 15 members appointed by the governor to four-year
terms of office with the consent of the Senate.
(b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) The members may not serve more than two full consecutive terms except where the
governor determines that an additional term is in the best interest of the state.
(2) Not more than eight members of the board may be from one political party.
(3) The members shall be representative of all areas of the state.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) Eight members of the board constitute a quorum for conducting board business and
exercising board power.
(6) The governor shall select one of the board members as its chair.
(7) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
Section 39. Section 63-38f-303 , which is renumbered from Section 9-2-204 is
renumbered and amended to read:
[
(1) The board shall:
(a) promote and encourage the economic, commercial, financial, industrial, agricultural,
and civic welfare of the state;
(b) do all lawful acts for the development, attraction, and retention of businesses,
industries, and commerce within the state;
(c) promote and encourage the expansion and retention of businesses, industries, and
commerce located in the state;
(d) support the efforts of local government and regional nonprofit economic development
organizations to encourage expansion or retention of businesses, industries, and commerce
located in the state;
(e) do other acts not specifically enumerated in this [
betterment of the economy of the state;
(f) work in conjunction with companies and individuals located or doing business within
the state to secure favorable rates, fares, tolls, charges, and classification for transportation of
persons or property by:
(i) railroad;
(ii) motor carrier; or
(iii) other common carriers;
(g) recommend policies, priorities, and objectives to the [
assistance, retention, or recruitment of business, industries, and commerce in the state; and
(h) [
[
industries, and commerce in the state shall be administered, so that the money or program is
equitably available to all areas of the state unless federal or state law requires or authorizes the
geographic location of a recipient of the money or program to be considered in the distribution of
the money or administration of the program.
(2) The board may[
appear as a party litigant on behalf of individuals or companies located or doing business within
the state in proceedings before regulatory commissions of the state, other states, or the federal
government having jurisdiction over such matters[
[
Section 40. Section 63-38f-304 , which is renumbered from Section 9-2-205 is
renumbered and amended to read:
[
and duties of office -- Consulting with board on funds or services provided by office.
(1) For the purposes of this section:
(a) "National recruitment" means the recruitment to the state of business, industry, or
commerce if, at the time of the recruitment, the business, industry, or commerce is principally
located in the United States.
(b) "Private entity" means a private person, corporation, company, or organization.
[
[
prior to an imposition of or change to a policy, priority, or objective[
[
(b) Subsection [
[
recruitment of business, industry, or commerce in this state.
[
(a) be the industrial promotion authority of the state;
(b) promote and encourage the economic, commercial, financial, industrial, agricultural,
and civic welfare of the state;
(c) do all lawful acts to create, develop, attract, and retain business, industry, and
commerce within the state; and
(d) do other acts that enhance the economy of the state.
[
(a) enter into contracts or agreements with, or make grants to, public or private entities,
including municipalities, in the furtherance of its duties where the contracts or agreements are not
in violation of the Constitution or statutes of the state; and
(b) receive and expend funds available from any source, public or private, in any manner
and for any lawful purpose in the best interest of the state in the discharge of their obligations
under this part.
[
[
[
with the board at each meeting of the board regarding the administration by the [
business, industry, or commerce in the state.
Section 41. Section 63-38f-401 , which is renumbered from Section 9-2-401 is
renumbered and amended to read:
[
This part is known as the "Enterprise Zone Act."
Section 42. Section 63-38f-402 , which is renumbered from Section 9-2-402 is
renumbered and amended to read:
[
As used in this part:
(1) "County applicant" means the governing authority of a county that meets the
requirements for designation as an enterprise zone under Section [
(2) "Municipal applicant" means the governing authority of a city or town that meets the
requirements for designation as an enterprise zone under Section [
(3) "Tax incentives" or "tax benefits" means the tax credits available under Section
[
Section 43. Section 63-38f-403 , which is renumbered from Section 9-2-403 is
renumbered and amended to read:
[
The [
(1) monitor the implementation and operation of this part and conduct a continuing
evaluation of the progress made in the enterprise zones;
(2) evaluate an application from a county applicant or a municipal applicant to be
designated an enterprise zone and determine if the applicant qualifies for that designation;
(3) provide technical assistance to county applicants and municipal applicants in
developing applications for designation as enterprise zones;
(4) assist county applicants and municipal applicants designated as enterprise zones in
obtaining assistance from the federal government and agencies of the state;
(5) assist a qualified business in obtaining the benefits of an incentive or inducement
program authorized by this part; and
(6) prepare an annual evaluation based, in part, on data provided by the State Tax
Commission:
(a) evaluating the effectiveness of the program and any suggestions for legislation; and
(b) that is available upon request to the governor and to the Revenue and Taxation
Interim Committee of the Legislature [
Section 44. Section 63-38f-404 , which is renumbered from Section 9-2-404 is
renumbered and amended to read:
[
Application.
(1) A county applicant seeking designation as an enterprise zone shall file an application
with the [
(a) verifies that the entire county is not located in a metropolitan statistical area that is
entirely located within Utah, except that this requirement does not apply to a third, fourth, fifth,
or sixth class county as classified under Section 17-50-501 ;
(b) verifies that the county has a population of 50,000 or less; and
(c) provides clear evidence of the need for development in the county.
(2) A municipal applicant seeking designation as an enterprise zone shall file an
application with the [
this part:
(a) verifies that the municipality is a city of the fifth class or a town;
(b) verifies that the municipality is within a county that has a population of 50,000 or
less; and
(c) provides clear evidence of the need for development in the municipality.
(3) An application filed under Subsection (1) or (2) shall be in a form and in accordance
with procedures approved by the [
information:
(a) a plan developed by the county applicant or municipal applicant that identifies local
contributions meeting the requirements of Section [
(b) the county applicant or municipal applicant has a development plan that outlines:
(i) the types of investment and development within the zone that the county applicant or
municipal applicant expects to take place if the incentives specified in this part are provided;
(ii) the specific investment or development reasonably expected to take place;
(iii) any commitments obtained from businesses;
(iv) the projected number of jobs that will be created and the anticipated wage level of
those jobs;
(v) any proposed emphasis on the type of jobs created, including any affirmative action
plans; and
(vi) a copy of the county applicant's or municipal applicant's economic development plan
to demonstrate coordination between the zone and overall county or municipal goals;
(c) the county applicant's or municipal applicant's proposed means of assessing the
effectiveness of the development plan or other programs to be implemented within the zone once
they have been implemented;
(d) any additional information required by the [
(e) any additional information the county applicant or municipal applicant considers
relevant to its designation as an enterprise zone.
Section 45. Section 63-38f-405 , which is renumbered from Section 9-2-405 is
renumbered and amended to read:
[
(1) An area may be designated as an enterprise zone only if the county applicant or
municipal applicant agrees to make a qualifying local contribution.
(2) The qualifying local contribution may vary depending on available resources, and
may include such elements as:
(a) simplified procedures for obtaining permits;
(b) dedication of available government grants;
(c) dedication of training funds;
(d) waiver of business license fees;
(e) infrastructure improvements;
(f) private contributions;
(g) utility rate concessions;
(h) small business incubator programs; or
(i) management assistance programs.
Section 46. Section 63-38f-406 , which is renumbered from Section 9-2-406 is
renumbered and amended to read:
[
(1) (a) The [
under Section [
municipal applicant is eligible for designation as an enterprise zone.
(b) In determining whether a county applicant or municipal applicant is eligible, if
unemployment, income, population, or other necessary data are not available for the county
applicant or municipal applicant from the federal departments of labor or commerce or a state
agency, the [
[
(2) (a) The [
(b) The [
following criteria:
[
proposed zone;
[
commercial, industrial, or residential structures in the proposed zone, and the extent of property
tax arrearages in the proposed zone;
[
zone;
[
federal development funds or programs to increase the probability of new investment and
development occurring;
[
employment to residents of the county and particularly individuals who are unemployed or who
are economically disadvantaged;
[
promotes innovative solutions to economic development problems and demonstrates local
initiative; and
[
recommendation.
Section 47. Section 63-38f-407 , which is renumbered from Section 9-2-407 is
renumbered and amended to read:
[
The [
Section 48. Section 63-38f-408 , which is renumbered from Section 9-2-408 is
renumbered and amended to read:
[
Each enterprise zone has a duration of five years, at the end of which the county may
reapply for the designation.
Section 49. Section 63-38f-409 , which is renumbered from Section 9-2-409 is
renumbered and amended to read:
[
(1) The [
contingent designation of any county as an enterprise zone for purposes of seeking a designation
of the county as a federally designated zone.
(2) This designation does not entitle a business operating in that county to the tax
incentives under this part.
Section 50. Section 63-38f-410 , which is renumbered from Section 9-2-410 is
renumbered and amended to read:
[
(1) The [
businesses utilize the tax incentives during any calendar year.
(2) Prior to that action, the [
determine reasons for inactivity and explore possible alternative actions.
Section 51. Section 63-38f-411 , which is renumbered from Section 9-2-411 is
renumbered and amended to read:
[
Except in counties of the first or second class, tax incentives provided by this part are not
available to companies that close or permanently curtail operations in another part of the state in
connection with a transfer of any part of its business operations to an enterprise zone, if the
closure or permanent curtailment is reasonably expected to diminish employment in that part of
the state.
Section 52. Section 63-38f-412 , which is renumbered from Section 9-2-412 is
renumbered and amended to read:
[
The tax incentives described in this part are available only to a business firm for which at
least 51% of the employees employed at facilities of the firm located in the enterprise zone are
individuals who, at the time of employment, reside in the county in which the enterprise zone is
located.
Section 53. Section 63-38f-413 , which is renumbered from Section 9-2-413 is
renumbered and amended to read:
[
(1) Subject to the limitations of Subsections (2) through (4), the following state tax
credits against individual income taxes or corporate franchise and income taxes are applicable in
an enterprise zone:
(a) a tax credit of $750 may be claimed by a business for each new full-time position
filled for not less than six months during a given tax year;
(b) an additional $500 tax credit may be claimed if the new position pays at least 125%
of:
(i) the county average monthly nonagricultural payroll wage for the respective industry as
determined by the Department of Workforce Services; or
(ii) if the county average monthly nonagricultural payroll wage is not available for the
respective industry, the total average monthly nonagricultural payroll wage in the respective
county where the enterprise zone is located;
(c) an additional credit of $750 may be claimed if the new position is in a business that
adds value to agricultural commodities through manufacturing or processing;
(d) an additional credit of $200 may be claimed for two consecutive years for each new
employee who is insured under an employer-sponsored health insurance program if the employer
pays at least 50% of the premium cost for two consecutive years;
(e) a credit of 50% of the value of a cash contribution to a private nonprofit corporation,
except that the credit claimed may not exceed $100,000:
(i) that is exempt from federal income taxation under Section 501(c)(3), Internal
Revenue Code;
(ii) whose primary purpose is community and economic development; and
(iii) that has been accredited by the board of directors of the Utah Rural Development
Council;
(f) a credit of 25% of the first $200,000 spent on rehabilitating a building in the
enterprise zone that has been vacant for two years or more; and
(g) an annual investment tax credit of 10% of the first $250,000 in investment, and 5% of
the next $1,000,000 qualifying investment in plant, equipment, or other depreciable property.
(2) (a) Subject to the limitations of Subsection (2)(b), a business claiming a credit under
Subsections (1)(a) through (d) may claim a credit for 30 full-time employee positions or less in
each of its taxable years.
(b) A business that received a credit for its full-time employee positions under
Subsections (1)(a) through (d) may claim an additional credit for a full-time employee position
under Subsections (1)(a) through (d) if:
(i) the business creates a new full-time employee position;
(ii) the total number of full-time employee positions at the business is greater than the
number of full-time employee positions previously claimed by the business under Subsections
(1)(a) through (d); and
(iii) the total number of credits the business has claimed for its current taxable year,
including the new full-time employee position for which the business is claiming a credit, is less
than or equal to 30.
(c) A business existing in an enterprise zone on the date of its designation shall calculate
the number of full-time positions based on the average number of employees reported to the
Department of Workforce Services.
(d) Construction jobs are not eligible for the tax credit under Subsections (1)(a) through
(d).
(3) If the amount of a tax credit under this section exceeds a business entity's tax liability
under this chapter for a taxable year, the amount of the credit exceeding the liability may be
carried forward for a period that does not exceed the next three taxable years.
(4) (a) If a business entity is located in a county that met the requirements of Subsections
[
January 1, 1998, because the county was located in a metropolitan statistical area in more than
one state, the business entity:
(i) shall qualify for tax credits for a taxable year beginning on or after January 1, 1997,
but beginning before December 31, 1997;
(ii) may claim a tax credit as described in Subsection (4)(a) in a taxable year beginning
on or after January 1, 1997, but beginning before December 31, 1997; and
(iii) may qualify for tax credits for any taxable year beginning on or after January 1,
1998, if the county is designated as an enterprise zone in accordance with this part.
(b) If a business entity claims a tax credit under Subsection (4)(a)(ii), the business entity:
(i) may claim the tax credit by filing for the taxable year beginning on or after January 1,
1997, but beginning before December 31, 1997:
(A) an individual income tax return;
(B) an amended individual income tax return;
(C) a corporate franchise and income tax return; or
(D) an amended corporate franchise and income tax return; and
(ii) may carry forward the tax credit to a taxable year beginning on or after January 1,
1998, in accordance with Subsection (3).
(5) The tax credits under Subsections (1)(a) through (g) may not be claimed by a
business engaged in retail trade or by a public utilities business.
(6) A business may not claim or carry forward a tax credit available under this part for a
taxable year during which the business has claimed the targeted business income tax credit
available under Section [
Section 54. Section 63-38f-414 , which is renumbered from Section 9-2-414 is
renumbered and amended to read:
[
(1) Each county applicant or municipal applicant designated as an enterprise zone shall
annually report to the [
zone following the designation.
(2) This information shall include:
(a) the number of jobs created in the zone[
(b) the number of economically disadvantaged individuals receiving public job training
assistance in the zone[
(c) the average wage level of the jobs created[
(d) descriptions of any affirmative action programs undertaken by the county applicant or
municipal applicant in connection with the enterprise zone[
(e) the amount of the county applicant's or municipal applicant's local contribution[
and
(f) the number of businesses qualifying for, or directly benefiting from, the local
contribution.
Section 55. Section 63-38f-415 , which is renumbered from Section 9-2-415 is
renumbered and amended to read:
[
(1) For purposes of this section:
(a) "Indian reservation" is as defined in Section 9-9-210 .
(b) "Indian tribe" is as defined in Subsection 9-9-402 (4).
(c) "Tribal applicant" means the governing authority of a tribe that meets the
requirements for designation as an enterprise zone under Subsection (3).
(2) Indian tribes may apply for designation of an area within an Indian reservation as an
enterprise zone.
(3) The tribal applicant shall follow the application procedure for a municipal applicant
in this part except for the population requirement in Subsections [
63-38f-404 (2)(a) and (b).
Section 56. Section 63-38f-416 , which is renumbered from Section 9-2-416 is
renumbered and amended to read:
[
zones.
(1) For purposes of this section:
(a) "Smart site enterprise" means a technology-based entity located within an enterprise
zone that is eligible to receive financial support under the [
program.
(b) "Smart site program" means a program of the [
development of technology-based industry in rural Utah in which services that might otherwise
be performed by state agencies are outsourced to a smart site enterprise.
(c) "State agency" means the:
(i) Department of Commerce;
(ii) Department of Workforce Services;
(iii) Department of Transportation;
(iv) Department of Health;
(v) Department of Administrative Services;
(vi) Department of Public Safety;
(vii) Utah State Tax Commission; and
(viii) [
(d) "Technology-based contract" means a contract between a state agency and a smart
site enterprise for the smart site enterprise to provide the following services:
(i) software development and computer programming;
(ii) website design;
(iii) systems integration;
(iv) AutoCad/GIS mapping;
(v) help desk support, customer relationship management, and telephone or Internet
surveys;
(vi) computer graphics, animation, or illustration;
(vii) medical billing, coding, transcription, and related medical informatics services;
(viii) data entry, data conversion, and imaging;
(ix) information technology training and e-learning;
(x) network development, management, service, and support;
(xi) telecommunications technologies;
(xii) database development and applications;
(xiii) multimedia and digital technologies, including DVD;
(xiv) technical writing;
(xv) insurance and benefits administration;
(xvi) data warehousing and storage or web hosting;
(xvii) billing services; and
(xviii) information technology consulting.
(2) The [
authorized under this section:
(a) to provide market incentives identified in Subsection (4) to eligible state agencies and
provide technical assistance as appropriate;
(b) to administer funding and initiate interagency transfers consistent with the provisions
of this section;
(c) to provide state agencies with a listing of smart site enterprises; and
(d) to designate a smart site program director and notify state agencies of the
designation[
[
(3) A state agency has the following responsibilities if participating in the smart site
program offered under this section:
(a) to enter into a memorandum of understanding with the [
the steps the agency shall take to encourage smart site enterprises to submit bids for
technology-based contracts; and
(b) to submit to the [
technology-based contracts awarded to smart site enterprises by the agency in the prior fiscal
year.
(4) (a) A state agency is eligible for an interagency transfer from the [
for up to 10% of all technology-based contracts awarded to a smart site enterprise under the
[
(b) The [
follows:
(i) if the total number of requests for interagency transfers under the program does not
exceed the legislative appropriation for the fiscal year, each eligible agency shall receive a full
10% transfer; or
(ii) if the total number of requests for interagency transfers under the program exceeds
the appropriation for the fiscal year, the [
transfer based on the respective percentage of all technology-based contracts submitted to the
[
(c) (i) After determining the amount of each agency's interagency transfer as required
under Subsection (4)(b), the [
budget.
(ii) The [
supplement the agency's budget for the fiscal year beginning just prior to the interagency transfer.
(iii) An agency may use the interagency transfer it receives under this Subsection (4)(c)
for any purpose related to the agency's mission or its duties and responsibilities, including the
payment of incentives and award bonuses for participating in the smart site program.
(d) Funding for the interagency transfer under Subsection (4)(c) shall come from the
prior fiscal year appropriation to the [
(e) The appropriation to fund this section is nonlapsing to provide for the distribution
process outlined in this Subsection (4).
Section 57. Section 63-38f-501 , which is renumbered from Section 9-2-1801 is
renumbered and amended to read:
[
[
[
tax credit that a business applicant is allowed to claim for a taxable year that represents a pro rata
share of the total amount of $300,000 for each fiscal year allowed under Subsection [
63-38f-503 (2).
[
Section [
[
the following criteria in addition to the normal operations of the business applicant:
[
[
[
[
[
credit for each community investment project.
[
designated as an enterprise zone by the [
Act.
[
[
local zone administrator in an enterprise zone application; and
[
[
under Section [
[
provided annually to the business applicant by the [
requirements of Subsection [
[
[
[
[
[
[
Section 58. Section 63-38f-502 , which is renumbered from Section 9-2-1802 is
renumbered and amended to read:
[
(1) (a) For taxable years beginning on or after January 1, 2002, a business applicant may
elect to claim a targeted business income tax credit available under Section [
63-38f-503 if the business applicant:
(i) is located in:
(A) an enterprise zone; and
(B) a county with:
(I) a population of less than 25,000; and
(II) an unemployment rate that for six months or more of each calendar year is at least
one percentage point higher than the state average;
(ii) meets the requirements of Section [
(iii) provides:
(A) a community investment project within the enterprise zone; and
(B) a portion of the community investment project during each taxable year for which the
business applicant claims the targeted business tax incentive; and
(iv) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, is
not engaged in the following, as defined by the State Tax Commission by rule:
(A) construction;
(B) retail trade; or
(C) public utility activities.
(b) For a taxable year for which a business applicant claims a targeted business income
tax credit available under this part, the business applicant may not claim or carry forward a tax
credit available under Section [
(2) (a) A business applicant seeking to claim a targeted business income tax credit under
this part shall file an application as provided in Subsection (2)(b) with the local zone
administrator by no later than June 1 of the year in which the business applicant is seeking to
claim a targeted business income tax credit.
(b) The application described in Subsection (2)(a) shall include:
(i) any documentation required by the local zone administrator to demonstrate that the
business applicant meets the requirements of Subsection (1);
(ii) a plan developed by the business applicant that outlines:
(A) if the community investment project includes substantial new employment, the
projected number and anticipated wage level of the jobs that the business applicant plans to
create as the basis for qualifying for a targeted business income tax credit;
(B) if the community investment project includes new capital development, a description
of the capital development the business applicant plans to make as the basis for qualifying for a
targeted business income tax credit; and
(C) a description of how the business applicant's plan coordinates with:
(I) the goals of the enterprise zone in which the business applicant is providing a
community investment project; and
(II) the overall economic development goals of the county or municipality in which the
business applicant is providing a community investment project; and
(iii) any additional information required by the local zone administrator.
(3) (a) The local zone administrator shall:
(i) evaluate an application filed under Subsection (2); and
(ii) determine whether the business applicant is eligible for a targeted business income
tax credit.
(b) If the local zone administrator determines that the business applicant is eligible for a
targeted business income tax credit, the local zone administrator shall:
(i) certify that the business applicant is eligible for the targeted business income tax
credit;
(ii) structure the targeted business income tax credit for the business applicant in
accordance with Section [
(iii) monitor a business applicant to ensure compliance with this section.
(4) A local zone administrator shall report to the [
June 30 of each year:
(a) (i) any application approved by the local zone administrator during the last fiscal year;
and
(ii) the information established in Subsections [
63-38f-503 (4)(a) through (d) for each new business applicant; and
(b) (i) the status of any existing business applicants that the local zone administrator
monitors; and
(ii) any information required by the [
existing business applicant.
(5) (a) By July 15 of each year, the department shall notify the local zone administrator
of the allocated cap amount that each business applicant that the local zone administrator
monitors is eligible to claim.
(b) By September 15 of each year, the local zone administrator shall notify, in writing,
each business applicant that the local zone administrator monitors of the allocated cap amount
determined by the [
eligible to claim for a taxable year.
Section 59. Section 63-38f-503 , which is renumbered from Section 9-2-1803 is
renumbered and amended to read:
[
the local zone administrator -- Duties of the State Tax Commission.
(1) For taxable years beginning on or after January 1, 2002, a business applicant that is
certified under Subsection [
eligibility form by the [
tax credit:
(a) against the business applicant's tax liability under:
(i) Title 59, Chapter 10, Individual Income Tax Act; or
(ii) Title 59, Chapter 7, Corporate Franchise and Income Taxes; and
(b) subject to requirements and limitations provided by this part.
(2) The total amount of the targeted business income tax credits allowed under this part
for all business applicants may not exceed $300,000 in any fiscal year.
(3) (a) A targeted business income tax credit allowed under this part for each community
investment project provided by a business applicant may not:
(i) be claimed by a business applicant for more than seven consecutive taxable years
from the date the business applicant first qualifies for a targeted business income tax credit on the
basis of a community investment project;
(ii) be carried forward or carried back;
(iii) exceed $100,000 in total amount for the community investment project period
during which the business applicant is eligible to claim a targeted business income tax credit; or
(iv) exceed in any year that the targeted business income tax credit is claimed the lesser
of:
(A) 50% of the maximum amount allowed by the local zone administrator; or
(B) the allocated cap amount determined by the [
[
(b) A business applicant may apply to the local zone administrator to claim a targeted
business income tax credit allowed under this part for each community investment project
provided by the business applicant as the basis for its eligibility for a targeted business income
tax credit.
(4) Subject to other provisions of this section, the local zone administrator shall establish
for each business applicant that qualifies for a targeted business income tax credit:
(a) criteria for maintaining eligibility for the targeted business income tax credit that are
reasonably related to the community investment project that is the basis for the business
applicant's targeted business income tax credit;
(b) the maximum amount of the targeted business income tax credit the business
applicant is allowed for the community investment project period;
(c) the time period over which the total amount of the targeted business income tax credit
may be claimed;
(d) the maximum amount of the targeted business income tax credit that the business
applicant will be allowed to claim each year; and
(e) requirements for a business applicant to report to the local zone administrator
specifying:
(i) the frequency of the business applicant's reports to the local zone administrator, which
shall be made at least quarterly; and
(ii) the information needed by the local zone administrator to monitor the business
applicant's compliance with this Subsection (4) or Section [
included in the report.
(5) In accordance with Subsection (4)(e), a business applicant allowed a targeted
business income tax credit under this part shall report to the local zone administrator.
(6) The amount of a targeted business income tax credit that a business applicant is
allowed to claim for a taxable year shall be reduced by 25% for each quarter in which the
[
failed to comply with a requirement of Subsection (3) or Section [
(7) The [
ensure:
(a) eligibility for a targeted business income tax credit; or
(b) compliance with Subsection (3) or Section [
(8) The [
form in a form jointly developed by the State Tax Commission and the [
later than 30 days after the last day of the business applicant's taxable year showing:
(a) the maximum amount of the targeted business income tax credit that the business
applicant is eligible for that taxable year;
(b) any reductions in the maximum amount of the targeted business income tax credit
because of failure to comply with a requirement of Subsection (3) or Section [
63-38f-502 ;
(c) the allocated cap amount that the business applicant may claim for that taxable year;
and
(d) the actual amount of the targeted business income tax credit that the business
applicant may claim for that taxable year.
(9) (a) A business applicant shall retain the targeted business income tax credit eligibility
form provided by the [
(b) The State Tax Commission may audit a business applicant to ensure:
(i) eligibility for a targeted business income tax credit; or
(ii) compliance with Subsection (3) or Section [
Section 60. Section 63-38f-601 , which is renumbered from Section 9-2-501 is
renumbered and amended to read:
[
The purpose of this part is to establish an advisory council on science and technology to
assist in the development of programs, communication, and use of science and technology in
governmental organizations in the state [
Section 61. Section 63-38f-602 , which is renumbered from Section 9-2-502 is
renumbered and amended to read:
[
As used in this part:
(1) "Adviser" means the state science adviser appointed under this part.
(2) "Council" means the State Advisory Council on Science and Technology created
under this part.
(3) "Director" means the governor's director for economic development.
Section 62. Section 63-38f-603 , which is renumbered from Section 9-2-503 is
renumbered and amended to read:
[
There is created the State Advisory Council on Science and Technology within the
[
the functions and duties provided in this part.
Section 63. Section 63-38f-604 , which is renumbered from Section 9-2-504 is
renumbered and amended to read:
[
Vacancies -- Chair and vice chair -- Executive secretary -- Executive committee -- Quorum
-- Expenses.
(1) The council comprises the following nonvoting members or their designees:
(a) the adviser;
(b) the executive director of the Department of Natural Resources;
(c) the executive director of the Department of Community and Economic Development;
(d) the executive director of the Department of Health;
(e) the executive director of the Department of Environmental Quality;
(f) the commissioner of agriculture and food;
(g) the commissioner of higher education;
(h) the state planning coordinator; and
(i) the executive director of the Department of Transportation.
(2) The governor may appoint other voting members, not to exceed 12.
(3) (a) Except as required by Subsection (b), as terms of current council members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of council
members are staggered so that approximately half of the council is appointed every two years.
(4) The governor shall consider all institutions of higher education in the state in the
appointment of council members.
(5) The voting members of the council shall be experienced or knowledgeable in the
application of science and technology to business, industry, or public problems and have
demonstrated their interest in and ability to contribute to the accomplishment of the purposes of
this part.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) (a) Each year the council shall select from its membership a chair and a vice chair.
(b) The chair and vice chair shall hold office for one year or until a successor is
appointed and qualified.
(8) The adviser [
(9) An executive committee shall be established consisting of the chair, vice chair, and
the adviser.
(10) (a) In order to conduct business matters of the council at regularly convened
meetings, a quorum consisting of a simple majority of the total voting membership of the council
is required.
(b) All matters of business affecting public policy require not less than a simple majority
of affirmative votes of the total membership.
(11) (a) (i) Members who are not government employees shall receive no compensation
or benefits for their services, but may receive per diem and expenses incurred in the performance
of the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the council at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their
service.
Section 64. Section 63-38f-605 , which is renumbered from Section 9-2-505 is
renumbered and amended to read:
[
(1) The council shall:
(a) encourage the use of science and technology in the administration of state and local
government;
(b) develop programs whereby state agencies and the several public and private
institutions of higher education and technical colleges within the state may assist business and
industry in the utilization of science and technology;
(c) further communication between agencies of federal, state, and local government who
wish to utilize science and technology;
(d) develop programs of cooperation on matters of science and technology between:
(i) state and local government agencies;
(ii) the several public and private institutions of higher education and technical colleges
within the state; and
(iii) business and industry within the state; or
(iv) between any combination of these;
(e) provide a means whereby government, business, industry, and higher education may
be represented in the formulation and implementation of state policies and programs on matters
of science and technology;
(f) review, catalog, and compile the research and development uses by the state
universities of the revenue derived from mineral lease funds on state and federal lands;
(g) provide to the Legislature an annual report on the expenditure and utilization of these
mineral lease funds;
(h) make recommendations to the Legislature on the further uses of these mineral lease
funds in order to stimulate research and development directed toward the more effective
utilization of the state's natural resources; and
(i) prepare and lodge an annual report with the governor and with the Legislature.
(2) The council may:
(a) in accordance with Title 63, Chapter 40, Federal Assistance Management Program,
apply for, receive, and disburse funds, contributions, or grants from whatever source for the
purposes set forth in this part;
(b) employ, compensate, and prescribe the duties and powers of those individuals,
subject to the provisions of this part relating to the adviser, necessary to execute the duties and
powers of the council; and
(c) enter into contracts for the purposes of this part.
Section 65. Section 63-38f-606 , which is renumbered from Section 9-2-506 is
renumbered and amended to read:
[
(1) The adviser shall be appointed by the governor.
(2) The adviser shall be experienced or knowledgeable in the application of science and
technology to business, industry, or public problems and shall have demonstrated [
or ability to contribute to the accomplishment of the purposes of this part.
(3) The adviser shall be compensated pursuant to the wage and salary classification plan
for appointed officers of the state [
(4) (a) The adviser shall have those duties and powers the council assigns.
(b) The adviser, [
into contracts and agreements and may incur expenses necessary to fulfill the purposes of this
part.
(5) The [
[
Section 66. Section 63-38f-607 , which is renumbered from Section 9-2-507 is
renumbered and amended to read:
[
All departments, divisions, boards, commissions, agencies, institutions, and all other
instrumentalities of the state shall, upon request of the council, provide the council with any
information that these instrumentalities have concerning research in science and technology.
Section 67. Section 63-38f-701 , which is renumbered from Section 9-2-601 is
renumbered and amended to read:
[
(1) (a) The Legislature recognizes that the growth of new industry and expansion of
existing industry requires a strong technology base, new ideas, concepts, innovations, and
prototypes.
(b) These generally come from strong research colleges and universities.
(c) Technical research in Utah's colleges and universities should be enhanced and
expanded, particularly in those areas targeted by the state for economic development.
(d) Most states are enhancing their research base by direct funding, usually on a matching
basis.
(e) The purpose of this part is to catalyze and enhance the growth of these technologies
by encouraging interdisciplinary research activities in targeted areas.
(f) The Legislature recognizes that one source of funding is in matching state funds with
federal funds and industrial support to provide the needed new technologies.
(2) The Legislature recommends that the governor consider the allocation of economic
development funds for Centers of Excellence to be matched by industry and federal grants on at
least a two-for-one basis.
(3) (a) The Legislature recommends that [
basis to the various colleges and universities in the state.
(b) The funds made available should be used to support interdisciplinary research in
specialized Centers of Excellence in technologies that are considered to have potential for
economic development in this state.
Section 68. Section 63-38f-702 , which is renumbered from Section 9-2-602 is
renumbered and amended to read:
[
[
[
Section 69. Section 63-38f-703 is enacted to read:
63-38f-703. Definitions.
As used in this part, "centers of excellence" means university-based, industry-supported,
cooperative research and development programs.
Section 70. Section 63-38f-704 , which is renumbered from Section 9-2-603 is
renumbered and amended to read:
[
(1) This part shall be administered by the [
of Economic Development.
(2) The [
the state for the purposes of this part.
(3) (a) [
[
(b) Each proposal shall receive the best available outside review.
(4) (a) In considering each proposal, the [
level of matching funds from private and federal sources, and the potential for job creation and
economic development.
(b) Proposals or consortia that combine and coordinate related research at two or more
colleges and universities shall be encouraged.
(5) The State Advisory Council on Science and Technology shall review the activities
and progress of individual centers on a regular basis and assist the [
an annual report on the accomplishments and direction of the Centers of Excellence Program.
Section 71. Section 63-38f-801 , which is renumbered from Section 9-2-901 is
renumbered and amended to read:
[
The [
qualifying as such under Section 927(g), Internal Revenue Code of 1986, and may name directors
or managers of these corporations at its discretion.
Section 72. Section 63-38f-802 , which is renumbered from Section 9-2-902 is
renumbered and amended to read:
[
(1) All expenses incurred in establishing and maintaining shared foreign sales
corporations shall be initially paid for by the [
[
Section [
(2) The [
reasonable to maintain and manage each of the shared foreign sales corporations.
(3) All monies obtained by the [
expenditures in connection with the management of shared foreign sales corporations may be
used at the discretion of the [
promoting exporting.
(4) The fees collected and the expenditures made shall be reported to the Legislature
each year.
Section 73. Section 63-38f-901 , which is renumbered from Section 9-2-1201 is
renumbered and amended to read:
[
The Legislature finds and declares that the fostering and development of industry in Utah
is a state public purpose necessary to assure the welfare of its citizens, the growth of its economy,
and adequate employment for its citizens.
Section 74. Section 63-38f-902 , which is renumbered from Section 9-2-1202 is
renumbered and amended to read:
[
As used in this part:
(1) "Administrator" means the [
(2) "Board" means the Board of Business and Economic Development.
(3) "Company creating an economic impediment" means a company that discourages
economic development within a reasonable radius of its location because of:
(a) odors;
(b) noise;
(c) pollution;
(d) health hazards; or
(e) other activities similar to those described in Subsections (3)(a) through (d).
(4) "Economic opportunities" means unique business situations or community
circumstances which lend themselves to the furtherance of the economic interests of the state by
providing a catalyst or stimulus to the growth or retention, or both, of commerce and industry in
the state.
(5) "Economically disadvantaged rural area" means a geographic area designated by the
board under Section [
(6) "Fund" means the restricted account known as the Industrial Assistance Fund created
in Section [
(7) "Replacement company" means a company locating its business or part of its
business in a location vacated by a company creating an economic impediment.
(8) "Targeted industry" means an industry or group of industries targeted by the board[
under Section [
Section 75. Section 63-38f-903 , which is renumbered from Section 9-2-1203 is
renumbered and amended to read:
[
(1) There is created within the General Fund a restricted account known as the Industrial
Assistance Fund of which:
(a) up to 50% shall be used in economically disadvantaged rural areas; and
(b) up to 20% may be used to take timely advantage of economic opportunities as they
arise.
(2) The fund shall be administered by the administrator under the policy direction of the
board.
(3) The administrator may hire appropriate support staff.
(4) The cost of administering the fund shall be paid from monies in the fund.
(5) Interest accrued from investment of monies in the fund shall remain in the fund.
Section 76. Section 63-38f-904 , which is renumbered from Section 9-2-1204 is
renumbered and amended to read:
[
credits.
(1) (a) A company that qualifies under Section [
grants, or other financial assistance from the fund for expenses related to establishment,
relocation, or development of industry in Utah.
(b) A company creating an economic impediment that qualifies under Section
[
assistance from the fund for the expenses of the company creating an economic impediment
related to:
(i) relocation to a rural area in Utah of the company creating an economic impediment;
and
(ii) the siting of a replacement company.
(c) An entity offering an economic opportunity that qualifies under Section [
63-38f-908 may:
(i) receive loans, grants, or other financial assistance from the fund for expenses related
to the establishment, relocation, retention, or development of industry in the state; and
(ii) include infrastructure or other economic development precursor activities that act as a
catalyst and stimulus for economic activity likely to lead to the maintenance or enlargement of
the state's tax base.
(2) (a) Subject to Subsection (2)(b), the administrator has authority to determine the
structure, amount, and nature of any loan, grant, or other financial assistance from the fund.
(b) Loans made under Subsection (2)(a) shall be structured so the intended repayment or
return to the state, including cash or credit, equals at least the amount of the assistance together
with an annual interest charge as negotiated by the administrator.
(c) Payments resulting from grants awarded from the fund shall be made only after the
administrator has determined that the company has satisfied the conditions upon which the
payment or earned credit was based.
(3) (a) (i) Except as provided in Subsection (3)(b), the administrator may provide for a
system of earned credits that may be used to support grant payments or in lieu of cash repayment
of a fund loan obligation.
(ii) The value of the credits described in Subsection (3)(a)(i) shall be based on factors
determined by the administrator, including:
(A) the number of Utah jobs created;
(B) the increased economic activity in Utah; or
(C) other events and activities that occur as a result of the fund assistance.
(b) (i) The administrator shall provide for a system of credits to be used to support grant
payments or in lieu of cash repayment of a fund loan when loans are made to a company creating
an economic impediment.
(ii) The value of the credits described in Subsection (3)(b)(i) shall be based on factors
determined by the administrator, including:
(A) the number of Utah jobs created;
(B) the increased economic activity in Utah; or
(C) other events and activities that occur as a result of the fund assistance.
(4) (a) A cash loan repayment or other cash recovery from a company receiving
assistance under this section, including interest, shall be deposited into the fund.
(b) The administrator and the Division of Finance shall determine the manner of
recognizing and accounting for the earned credits used in lieu of loan repayments or to support
grant payments as provided in Subsection (3).
(5) (a) At the end of each fiscal year, after the transfer of surplus General Fund revenues
has been made to the General Fund Budget Reserve Account as provided in Section 63-38-2.5 ,
any additional unrestricted, undesignated General Fund balance shall be earmarked to the
Industrial Assistance Fund in an amount equal to any credit that has accrued under this part.
(b) These credit amounts may not be used for purposes of the fund as provided in this
part until appropriated by the Legislature.
Section 77. Section 63-38f-905 , which is renumbered from Section 9-2-1205 is
renumbered and amended to read:
[
(1) Except as provided in Section [
63-38f-908 , the administrator shall determine which industries, companies, and individuals
qualify to receive monies from the fund. Except as provided by Subsection (2), to qualify for
financial assistance from the fund, an applicant shall:
(a) demonstrate to the satisfaction of the administrator that the applicant will expend
funds in Utah with employees, vendors, subcontractors, or other businesses in an amount
proportional with monies provided from the fund at a minimum ratio of 2 to 1 per year or other
more stringent requirements as established from time to time by the board for a minimum period
of five years beginning with the date the loan or grant was approved;
(b) demonstrate to the satisfaction of the administrator the applicant's ability to sustain
economic activity in the state sufficient to repay, by means of cash or appropriate credits, the loan
provided by the fund; and
(c) satisfy other criteria the administrator considers appropriate.
(2) (a) The administrator may exempt an applicant from the requirements of Subsection
(1)(a) or [
(i) the financial assistance is provided to an applicant for the purpose of locating all or
any portion of its operations to an economically disadvantaged rural area;
(ii) the applicant is part of a targeted industry;
(iii) the applicant is a quasi-public corporation organized under Title 16, Chapter 6a,
Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent Corporations Act,
and its operations, as demonstrated to the satisfaction of the administrator, will provide
significant economic stimulus to the growth of commerce and industry in the state; or
(iv) the applicant is an entity offering an economic opportunity under Section
[
(b) The administrator may not exempt the applicant from the requirement under
Subsection [
return to the state equals at least the amount of the assistance together with an annual interest
charge.
(3) The administrator shall:
(a) for applicants not described in Subsection (2)(a):
(i) make findings as to whether or not each applicant has satisfied each of the conditions
set forth in Subsection (1); and
(ii) monitor the continued compliance by each applicant with each of the conditions set
forth in Subsection (1) for five years;
(b) for applicants described in Subsection (2)(a), make findings as to whether the
economic activities of each applicant has resulted in the creation of new jobs on a per capita basis
in the economically disadvantaged rural area or targeted industry in which the applicant is
located;
(c) monitor the compliance by each applicant with the provisions of any contract or
agreement entered into between the applicant and the state as provided in Section [
63-38f-906 ; and
(d) make funding decisions based upon appropriate findings and compliance.
Section 78. Section 63-38f-906 , which is renumbered from Section 9-2-1205.1 is
renumbered and amended to read:
[
The administrator shall enter into agreements with each successful applicant that have
specific terms and conditions for each loan or assistance, including:
(1) repayment schedules;
(2) interest rates;
(3) specific economic activity required to qualify for the loan or assistance or for
repayment credits;
(4) collateral or security, if any; and
(5) other terms and conditions considered appropriate by the administrator.
Section 79. Section 63-38f-907 , which is renumbered from Section 9-2-1205.5 is
renumbered and amended to read:
[
economic impediments.
(1) (a) The administrator may provide monies from the fund to a company creating an
economic impediment if that company:
(i) applies to the administrator;
(ii) relocates to a rural area in Utah; and
(iii) meets the qualifications of Subsection (1)(b).
(b) Except as provided by Subsection (2), to qualify for financial assistance from the
fund, a company creating an economic impediment shall:
(i) demonstrate to the satisfaction of the administrator that the company creating an
economic impediment, its replacement company, or in the aggregate the company creating the
economic impediment and its replacement company:
(A) will expend funds in Utah with employees, vendors, subcontractors, or other
businesses in an amount proportional with monies provided from the fund at a minimum ratio of
2 to 1 per year or other more stringent requirements as established from time to time by the board
for a minimum period of five years beginning with the date the loan or grant was approved; and
(B) can sustain economic activity in the state sufficient to repay, by means of cash or
appropriate credits, the loan provided by the fund; and
(ii) satisfy other criteria the administrator considers appropriate.
(2) (a) The administrator may exempt a company creating an economic impediment from
the requirements of Subsection (1)(b)(i)(A) if:
(i) the financial assistance is provided to a company creating an economic impediment
for the purpose of locating all or any portion of its operations to an economically disadvantaged
rural area; or
(ii) its replacement company is part of a targeted industry.
(b) The administrator may not exempt a company creating an economic impediment
from the requirement under Subsection [
so that the repayment or return to the state equals at least the amount of the assistance together
with an annual interest charge.
(3) The administrator shall:
(a) make findings as to whether or not a company creating an economic impediment, its
replacement company, or both, have satisfied each of the conditions set forth in Subsection (1);
(b) monitor the compliance by a company creating an economic impediment, its
replacement company, or both, with:
(i) each of the conditions set forth in Subsection (1); and
(ii) any contract or agreement under Section [
between:
(A) the company creating an economic impediment; and
(B) the state; and
(c) make funding decisions based upon appropriate findings and compliance.
Section 80. Section 63-38f-908 , which is renumbered from Section 9-2-1205.8 is
renumbered and amended to read:
[
opportunities.
(1) Subject to the duties and powers of the board under Section [
the administrator may provide monies from the fund to an entity offering an economic
opportunity if that entity:
(a) applies to the administrator; and
(b) meets the qualifications of Subsection (2).
(2) The applicant shall:
(a) demonstrate to the satisfaction of the administrator the nature of the economic
opportunity and the related benefit to the economic well-being of the state by providing evidence
documenting the logical and compelling linkage, either direct or indirect, between the
expenditure of monies necessitated by the economic opportunity and the likelihood that the
state's tax base will be maintained or enlarged;
(b) demonstrate how the funding request will act in concert with other state, federal, or
local agencies to achieve the economic benefit;
(c) demonstrate how the funding request will act in concert with free market principles;
(d) satisfy other criteria the administrator considers appropriate; and
(e) be either:
(i) an entity whose purpose is to exclusively or substantially promote, develop, or
maintain the economic welfare and prosperity of the state as a whole, regions of the state, or
specific components of the state; or
(ii) a company or individual that does not otherwise qualify under Section [
63-38f-905 .
(3) Subject to the duties and powers of the board under Section [
the administrator shall:
(a) make findings as to whether an applicant has satisfied each of the conditions set forth
in Subsection (2);
(b) establish benchmarks and timeframes in which progress toward the completion of the
agreed upon activity is to occur;
(c) monitor compliance by an applicant with any contract or agreement entered into by
the applicant and the state as provided by Section [
(d) make funding decisions based upon appropriate findings and compliance.
Section 81. Section 63-38f-909 , which is renumbered from Section 9-2-1207 is
renumbered and amended to read:
[
(1) The board shall determine annually which industries or groups of industries shall be
targeted industries as defined in Section [
(2) In designating an economically disadvantaged rural area, the board shall consider the
average agricultural and nonagricultural wage, personal income, unemployment, and employment
in the area.
(3) In evaluating the economic impact of applications for assistance, the board shall use
an econometric cost-benefit model or models adopted by the Governor's Office of Planning and
Budget.
(4) The board may establish:
(a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
such as the rate of unemployment; and
(b) minimum applicant expense ratios, as long as they are at least equal to those required
under Subsection [
Section 82. Section 63-38f-1001 , which is renumbered from Section 9-2-1401 is
renumbered and amended to read:
[
As used in this part, "biotechnology" is:
(1) the modification of living organisms by recombinant DNA techniques; and
(2) a means to accomplish, through genetic engineering, the same kinds of modifications
accomplished through traditional genetic techniques such as crossbreeding.
Section 83. Section 63-38f-1002 , which is renumbered from Section 9-2-1402 is
renumbered and amended to read:
[
(1) A state agency having access under federal law to biotechnology trade secrets and
related confidential information shall manage the trade secrets and related confidential records as
protected records under Title 63, Chapter 2, Government Records Access and Management Act.
(2) The records described in this section may be disclosed under the balancing provisions
of Title 63, Chapter 2, Government Records Access and Management Act, when a determination
is made that disclosure is essential for the protection of the public's health or environment.
Section 84. Section 63-38f-1003 , which is renumbered from Section 9-2-1403 is
renumbered and amended to read:
[
(1) A county, city, town, or other political subdivision may not regulate the technological
processes relating to the development and use of biotechnologically created materials and
organisms.
(2) This preemption does not affect the powers of a county, city, town, or other political
subdivision, including [
construction, and public utilities, to protect the public health or environment, or to provide fire
protection and other public safety services.
Section 85. Section 63-38f-1101 , which is renumbered from Section 9-2-1601 is
renumbered and amended to read:
[
This part is known as the "Recycling Market Development Zone Act."
Section 86. Section 63-38f-1102 , which is renumbered from Section 9-2-1602 is
renumbered and amended to read:
[
As used in this part:
(1) "Composting" means the controlled decay of landscape waste or sewage sludge and
organic industrial waste, or a mixture of these, by the action of bacteria, fungi, molds, and other
organisms.
(2) "Postconsumer waste material" means any product generated by a business or
consumer that has served its intended end use, and that has been separated from solid waste for
the purposes of collection, recycling, and disposition and that does not include secondary waste
material.
(3) (a) "Recovered materials" means waste materials and by-products that have been
recovered or diverted from solid waste.
(b) "Recovered materials" does not include those materials and by-products generated
from, and commonly reused within, an original manufacturing process.
(4) (a) "Recycling" means the diversion of materials from the solid waste stream and the
beneficial use of the materials and includes a series of activities by which materials that would
become or otherwise remain waste are diverted from the waste stream for collection, separation,
and processing, and are used as raw materials or feedstocks in lieu of or in addition to virgin
materials in the manufacture of goods sold or distributed in commerce or the reuse of the
materials as substitutes for goods made from virgin materials.
(b) "Recycling" does not include burning municipal solid waste for energy recovery.
(5) "Recycling market development zone" or "zone" means an area designated by the
[
(6) (a) "Secondary waste material" means industrial by-products that go to disposal
facilities and waste generated after completion of a manufacturing process.
(b) "Secondary waste material" does not include internally generated scrap commonly
returned to industrial or manufacturing processes, such as home scrap and mill broke.
(7) "State tax incentives," "tax incentives," or "tax benefits" means the tax credits
available under Sections 59-7-608 and 59-10-108.7 .
Section 87. Section 63-38f-1103 , which is renumbered from Section 9-2-1603 is
renumbered and amended to read:
[
The [
(1) facilitate recycling development zones through state support of county incentives
which encourage development of manufacturing enterprises that use recycling materials currently
collected;
(2) evaluate an application from a county or municipality executive authority to be
designated as a recycling market development zone and determine if the county or municipality
qualifies for that designation;
(3) provide technical assistance to municipalities and counties in developing applications
for designation as a recycling market development zone;
(4) assist counties and municipalities designated as recycling market development zones
in obtaining assistance from the federal government and agencies of the state;
(5) assist any qualified business in obtaining the benefits of any incentive or inducement
program authorized by this part;
(6) monitor the implementation and operation of this part and conduct a continuing
evaluation of the progress made in the recycling market development zone; and
(7) submit an annual written report evaluating the effectiveness of the program and
providing recommendations for legislation to the Workforce Services and Economic
Development Interim Committee and Natural Resources, Agriculture, and Environment Interim
Committee not later than November 1 of each year.
Section 88. Section 63-38f-1104 , which is renumbered from Section 9-2-1604 is
renumbered and amended to read:
[
Application process and fees.
(1) An area may be designated as a recycling market development zone only if:
(a) the county or municipality agrees to make a qualifying local contribution under
Section [
(b) the county or municipality provides for postconsumer waste collection for recycling
within the county or municipality.
(2) The executive authority of any municipality or county desiring to be designated as a
recycling market development zone shall:
(a) obtain the written approval of the municipality or county's legislative body; and
(b) file an application with the [
municipality meets the requirements of this part.
(3) The application shall be in a form prescribed by the [
include:
(a) a plan developed by the county or municipality that identifies local contributions
meeting the requirements of Section [
(b) a county or municipality development plan that outlines:
(i) the specific investment or development reasonably expected to take place;
(ii) any commitments obtained from businesses to participate, and in what capacities
regarding recycling markets;
(iii) the county's or municipality's economic development plan and demonstration of
coordination between the zone and the county or municipality in overall development goals;
(iv) zoning requirements demonstrating that sufficient portions of the proposed zone area
are zoned as appropriate for the development of commercial, industrial, or manufacturing
businesses;
(v) the county's or municipality's long-term waste management plan and evidence that
the zone will be adequately served by the plan; and
(vi) the county or municipality postconsumer waste collection infrastructure;
(c) the county's or municipality's proposed means of assessing the effectiveness of the
development plan or other programs implemented within the zone;
(d) state whether within the zone either of the following will be established:
(i) commercial manufacturing or industrial processes that will produce end products that
consist of not less than 50% recovered materials, of which not less than 25% is postconsumer
waste material; or
(ii) commercial composting;
(e) any additional information required by the [
(f) any additional information the county or municipality considers relevant to its
designation as a recycling market development zone.
(4) A county or municipality applying for designation as a recycling market development
zone shall pay to the [
Section 89. Section 63-38f-1105 , which is renumbered from Section 9-2-1605 is
renumbered and amended to read:
[
Qualifying local contributions to the recycling market development zone may vary
depending on available resources, and may include:
(1) simplified procedures for obtaining permits;
(2) dedication of available government grants;
(3) waiver of business license or permit fees;
(4) infrastructure improvements;
(5) private contributions;
(6) utility rate concessions;
(7) suspension or relaxation of locally originated zoning laws or general plans; and
(8) other proposed local contributions as the [
purposes of this part.
Section 90. Section 63-38f-1106 , which is renumbered from Section 9-2-1606 is
renumbered and amended to read:
[
(1) The [
(a) review and evaluate an application submitted under Section [
and
(b) determine whether the municipality or county is eligible for designation as a recycling
market development zone.
(2) In designating recycling market development zones, the [
consider:
(a) whether the current waste management practices and conditions of the county or
municipality are favorable to the development of postconsumer waste material markets;
(b) whether the creation of the zone is necessary to assist in attracting private sector
recycling investments to the area; and
(c) the amount of available landfill capacity to serve the zone.
Section 91. Section 63-38f-1107 , which is renumbered from Section 9-2-1607 is
renumbered and amended to read:
[
The [
designation as a recycling market development zone.
Section 92. Section 63-38f-1108 , which is renumbered from Section 9-2-1608 is
renumbered and amended to read:
[
A recycling market development zone designation ends five years from the date the
[
which the county or municipality may reapply for the designation.
Section 93. Section 63-38f-1109 , which is renumbered from Section 9-2-1609 is
renumbered and amended to read:
[
(1) The [
development zone if no businesses utilize the tax incentives during any calendar year.
(2) Before revocation of the zone, the [
within a reasonable distance of the zone to determine reasons for inactivity and explore possible
alternative actions.
Section 94. Section 63-38f-1110 , which is renumbered from Section 9-2-1610 is
renumbered and amended to read:
[
For a taxpayer within a recycling market development zone, there are allowed the credits
against tax as provided by Sections 59-7-610 and 59-10-108.7 .
Section 95. Section 63-38f-1111 , which is renumbered from Section 9-2-1611 is
renumbered and amended to read:
[
(1) A county or municipality designated as a recycling market development zone shall
report by no later than July 31 of each year to the [
activity that has occurred in the zone following the designation.
(2) [
Section 96. Section 63-38f-1112 , which is renumbered from Section 9-2-1612 is
renumbered and amended to read:
[
In accordance with Part 6, the [
Excellence, as defined by Section [
for recycling if the program funded is a cooperative effort between the Centers of Excellence and
one or more recycling market development zones created under this part.
Section 97. Section 63-38f-1201 , which is renumbered from Section 9-2-1901 is
renumbered and amended to read:
[
This part is known as the "Utah Venture Capital Enhancement Act."
Section 98. Section 63-38f-1202 , which is renumbered from Section 9-2-1902 is
renumbered and amended to read:
[
(1) The Legislature finds that:
(a) fundamental changes have occurred in national and international financial markets
and in the state's financial markets;
(b) a critical shortage of seed and venture capital resources exists in the state, and that
shortage is impairing the growth of commerce in the state;
(c) a need exists to increase the availability of venture equity capital for emerging,
expanding, and restructuring enterprises in Utah, including enterprises in the life sciences,
advanced manufacturing, and information technology;
(d) increased venture equity capital investments in emerging, expanding, and
restructuring enterprises in Utah will:
(i) create new jobs in the state; and
(ii) help to diversify the state's economic base; and
(e) a well-trained work force is critical for the maintenance and development of Utah's
economy.
(2) This part is enacted to:
(a) mobilize private investment in a broad variety of venture capital partnerships in
diversified industries and locales;
(b) retain the private-sector culture of focusing on rate of return in the investing process;
(c) secure the services of the best managers in the venture capital industry, regardless of
location;
(d) facilitate the organization of the Utah fund of funds to seek private investments and
to serve as a catalyst in those investments by offering state incentives for private persons to make
investments in the Utah fund of funds;
(e) enhance the venture capital culture and infrastructure in the state so as to increase
venture capital investment within the state and to promote venture capital investing within the
state; and
(f) accomplish the purposes referred to in Subsections (2)(a) through (e) in a manner that
would maximize the direct economic impact for the state.
Section 99. Section 63-38f-1203 , which is renumbered from Section 9-2-1903 is
renumbered and amended to read:
[
As used in this part:
(1) "Board" means the Utah Capital Investment Board.
(2) "Certificate" means a contract between the board and a designated investor under
which a contingent tax credit is available and issued to the designated investor.
(3) "Commitment" means a written commitment by a designated purchaser to purchase
from the board certificates presented to the board for redemption by a designated investor. Each
commitment shall state the dollar amount of contingent tax credits that the designated purchaser
has committed to purchase from the board.
(4) "Contingent tax credit" means a contingent tax credit issued under this part that is
available against tax liabilities imposed by Title 59, Chapter 7, Corporate Franchise and Income
Taxes, and Chapter 10, Individual Income Tax Act, if there are insufficient funds in the
redemption reserve and the board has not exercised other options for redemption under
Subsection [
(5) "Corporation" means the Utah Capital Investment Corporation created under Section
[
(6) "Designated investor" means:
(a) a person who purchases an equity interest in the Utah fund of funds; or
(b) a transferee of a certificate or contingent tax credit.
(7) "Designated purchaser" means:
(a) a person who enters into a written undertaking with the board to purchase a
commitment; or
(b) a transferee who assumes the obligations to make the purchase described in the
commitment.
(8) "Person" means an individual, partnership, limited liability company, corporation,
association, organization, business trust, estate, trust, or any other legal or commercial entity.
(9) "Redemption reserve" means the reserve established by the corporation to facilitate
the cash redemption of certificates.
(10) "Utah fund of funds" means a limited partnership or limited liability company
established under Section [
equity interest.
Section 100. Section 63-38f-1204 , which is renumbered from Section 9-2-1904 is
renumbered and amended to read:
[
(1) There is created within the [
exercise the powers conferred by this part.
(2) The purpose of the board is to mobilize venture equity capital for investment in a
manner that will result in a significant potential to create jobs and to diversify and stabilize the
economy of the state.
(3) In the exercise of its powers and duties, the board is considered to be performing an
essential public purpose.
Section 101. Section 63-38f-1205 , which is renumbered from Section 9-2-1905 is
renumbered and amended to read:
[
(1) (a) The board shall consist of five members.
(b) Of the five members:
(i) one shall be the state treasurer;
(ii) one shall be the director or the director's designee; and
(iii) three shall be appointed by the governor and confirmed by the Senate.
(c) The three members appointed by the governor shall serve four-year staggered terms
with the initial terms of the first three members to be four years for one member, three years for
one member, and two years for one member.
(2) When a vacancy occurs in the membership of the board for any reason, the vacancy
shall be:
(a) filled in the same manner as the appointment of the original member; and
(b) for the unexpired term of the board member being replaced.
(3) Appointed members of the board may not serve more than two full consecutive terms
except where the governor determines that an additional term is in the best interest of the state.
(4) Three members of the board constitute a quorum for conducting business and
exercising board power, provided that a minimum of three affirmative votes is required for board
action and at least one of the affirmative votes is cast by either the director or the director's
designee or the state treasurer.
(5) (a) Members of the board may not receive compensation or benefits for their services,
but may receive per diem and expenses incurred in the performance of the members' official
duties at rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members of the board may decline to receive per diem and expenses for their
services.
(6) Members of the board shall be selected on the basis of demonstrated expertise and
competence in:
(a) the supervision of investment managers;
(b) the fiduciary management of investment funds; or
(c) the management and administration of tax credit allocation programs.
(7) The board and its members are considered to be a governmental entity with all of the
rights, privileges, and immunities of a governmental entity of the state, including all of the rights
and benefits conferred under Title 63, Chapter [
Utah.
(8) Meetings of the board, except to the extent necessary to protect confidential
information with respect to investments in the Utah fund of funds, are subject to Title 52,
Chapter 4, Open and Public Meetings.
Section 102. Section 63-38f-1206 , which is renumbered from Section 9-2-1906 is
renumbered and amended to read:
[
(1) The board shall:
(a) establish criteria and procedures for the allocation and issuance of contingent tax
credits to designated investors by means of certificates issued by the board, provided that a
contingent tax credit may not be issued unless the Utah fund of funds:
(i) first agrees to treat the amount of the tax credit redeemed by the state as a loan from
the state to the Utah fund of funds; and
(ii) agrees to repay the loan upon terms and conditions established by the board;
(b) establish criteria and procedures for assessing the likelihood of future certificate
redemptions by designated investors, including:
(i) criteria and procedures for evaluating the value of investments made by the Utah fund
of funds; and
(ii) the returns from the Utah fund of funds;
(c) establish criteria and procedures for registering and redeeming contingent tax credits
by designated investors holding certificates issued by the board;
(d) establish a target rate of return or range of returns on venture capital investments of
the Utah fund of funds;
(e) establish criteria and procedures governing commitments obtained by the board from
designated purchasers including:
(i) entering into commitments with designated purchasers; and
(ii) drawing on commitments to redeem certificates from designated investors; and
(f) have power to:
(i) expend funds;
(ii) invest funds;
(iii) enter into contracts;
(iv) insure against loss; and
(v) perform any other act necessary to carry out its purpose[
[
[
[
[
[
(2) (a) The criteria and procedures established by the board for the allocation and
issuance of contingent tax credits shall:
(i) include the contingencies that must be met for a certificate and its related tax credits
to be:
(A) issued by the board;
(B) transferred by a designated investor; and
(C) redeemed by a designated investor in order to receive a contingent tax credit; and
(ii) tie the contingencies for redemption of certificates to the targeted rates of return and
scheduled redemptions of equity interests purchased by designated investors in the Utah fund of
funds.
(b) The board may not issue contingent tax credits under this part prior to July 1, 2004.
(3) (a) The board may charge a placement fee to the Utah fund of funds for the issuance
of a certificate and related contingent tax credit to a designated investor.
(b) The fee shall:
(i) be charged only to pay for reasonable and necessary costs of the board; and
(ii) not exceed .5% of the equity investment of the designated investor.
(4) The board's criteria and procedures for redeeming certificates:
(a) shall give priority to the redemption amount from the available funds in the
redemption reserve; and
(b) to the extent there are insufficient funds in the redemption reserve to redeem
certificates, shall grant the board the option to redeem certificates:
(i) by certifying a contingent tax credit to the designated investor; or
(ii) by making demand on designated purchasers consistent with the requirements of
Section [
(5) (a) The board shall, in consultation with the corporation, publish an annual report of
the activities conducted by the Utah fund of funds, and present the report to the governor and the
Executive Appropriations Committee of the Legislature.
(b) The annual report shall:
(i) include a copy of the audit of the Utah fund of funds and a valuation of the assets of
the Utah fund of funds;
(ii) review the progress of the investment fund allocation manager in implementing its
investment plan; and
(iii) describe any redemption or transfer of a certificate issued under this part.
(c) The annual report may not identify any specific designated investor who has
redeemed or transferred a certificate.
(d) (i) Beginning July 1, [
publish a progress report which shall evaluate the progress of the state in accomplishing the
purposes stated in Section [
(ii) The board shall give a copy of the report to the Legislature.
Section 103. Section 63-38f-1207 , which is renumbered from Section 9-2-1907 is
renumbered and amended to read:
[
purposes.
(1) (a) There is created an independent quasi-public nonprofit corporation known as the
Utah Capital Investment Corporation.
(b) The corporation:
(i) may exercise all powers conferred on independent corporations under Section
63E-2-106 ;
(ii) is subject to the prohibited participation provisions of Section 63E-2-107 ; and
(iii) is subject to the other provisions of Title 63E, Chapter 2, Independent Corporations
Act, except as otherwise provided in this part.
(c) The corporation shall file with the Division of Corporations and Commercial Code:
(i) articles of incorporation; and
(ii) any amendment to its articles of incorporation.
(d) In addition to the articles of incorporation, the corporation may adopt bylaws and
operational policies that are consistent with this chapter.
(e) Except as otherwise provided in this part, this part does not exempt the corporation
from the requirements under state law which apply to other corporations organized under Title
63E, Chapter 2, Independent Corporations Act.
(2) The purposes of the corporation are to:
(a) organize the Utah fund of funds;
(b) select a venture capital investment fund allocation manager to make venture capital
fund investments by the Utah fund of funds;
(c) negotiate the terms of a contract with the venture capital investment fund allocation
manager;
(d) execute the contract with the selected venture capital investment fund manager on
behalf of the Utah fund of funds;
(e) receive funds paid by designated investors for the issuance of certificates by the board
for investment in the Utah fund of funds;
(f) receive investment returns from the Utah fund of funds; and
(g) establish the redemption reserve to be used by the corporation to redeem certificates.
(3) The corporation may not:
(a) exercise governmental functions;
(b) have members;
(c) pledge the credit or taxing power of the state or any political subdivision of the state;
or
(d) make its debts payable out of any moneys except those of the corporation.
(4) The obligations of the corporation are not obligations of the state or any political
subdivision of the state within the meaning of any constitutional or statutory debt limitations, but
are obligations of the corporation payable solely and only from the corporation's funds.
(5) The corporation may:
(a) engage consultants and legal counsel;
(b) expend funds;
(c) invest funds;
(d) enter into contracts;
(e) insure against loss;
(f) hire employees; and
(g) perform any other act necessary to carry out its purposes.
Section 104. Section 63-38f-1208 , which is renumbered from Section 9-2-1908 is
renumbered and amended to read:
[
(1) To facilitate the organization of the corporation, the director or the director's designee
shall serve as the incorporator as provided in Section 16-6a-201 .
(2) To assist in the organization of the corporation, the Utah Board of Business and
Economic Development shall appoint three individuals to serve on an appointment committee.
(3) The appointment committee shall:
(a) elect the initial board of directors of the corporation;
(b) exercise due care to assure that persons elected to the initial board of directors have
the requisite financial experience necessary in order to carry out the duties of the corporation as
established in this part, including in areas related to:
(i) venture capital investment;
(ii) investment management; and
(iii) supervision of investment managers and investment funds; and
(c) terminate its existence upon the election of the initial board of directors of the
corporation.
(4) The [
any manner determined necessary and appropriate by the incorporator and appointment
committee in order to administer this section.
Section 105. Section 63-38f-1209 , which is renumbered from Section 9-2-1909 is
renumbered and amended to read:
[
(1) The initial board of directors of the corporation shall consist of five members.
(2) The persons elected to the initial board of directors by the appointment committee
shall include persons who have an expertise, as considered appropriate by the appointment
committee, in the areas of:
(a) the selection and supervision of investment managers;
(b) fiduciary management of investment funds; and
(c) other areas of expertise as considered appropriate by the appointment committee.
(3) After the election of the initial board of directors, vacancies in the board of directors
of the corporation shall be filled by election by the remaining directors of the corporation.
(4) (a) Board members shall serve four-year terms, except that of the five initial
members:
(i) two shall serve four-year terms;
(ii) two shall serve three-year terms; and
(iii) one shall serve a two-year term.
(b) Board members shall serve until their successors are elected and qualified and may
serve successive terms.
(c) A majority of the board members may remove a board member for cause.
(d) (i) The board shall select a chair by majority vote.
(ii) The chair's term is for one year.
(5) Three members of the board are a quorum for the transaction of business.
(6) Members of the board of directors:
(a) are subject to any restrictions on conflicts of interest specified in the organizational
documents of the corporation; and
(b) may have no interest in any:
(i) venture capital investment fund allocation manager selected by the corporation under
this part; or
(ii) investments made by the Utah fund of funds.
(7) Directors of the corporation:
(a) shall be compensated for direct expenses and mileage; and
(b) may not receive a director's fee or salary for service as directors.
Section 106. Section 63-38f-1210 , which is renumbered from Section 9-2-1910 is
renumbered and amended to read:
[
(1) After incorporation, the corporation shall conduct a national solicitation for
investment plan proposals from qualified venture capital investment fund allocation managers for
the raising and investing of capital by the Utah fund of funds in accordance with the requirements
of this part.
(2) Any proposed investment plan shall address the applicant's:
(a) level of:
(i) experience; and
(ii) quality of management;
(b) investment philosophy and process;
(c) probability of success in fund-raising;
(d) prior investment fund results; and
(e) plan for achieving the purposes of this part.
(3) The selected venture capital investment fund allocation manager shall have
substantial, successful experience in the design, implementation, and management of seed and
venture capital investment programs and in capital formation.
(4) The corporation shall only select a venture capital investment fund allocation
manager:
(a) with demonstrated expertise in the management and fund allocation of investments in
venture capital funds; and
(b) considered best qualified to:
(i) invest the capital of the Utah fund of funds; and
(ii) generate the amount of capital required by this part.
Section 107. Section 63-38f-1211 , which is renumbered from Section 9-2-1911 is
renumbered and amended to read:
[
(1) The corporation may charge a management fee on assets under management in the
Utah fund of funds.
(2) The fee shall:
(a) be in addition to any fee charged to the Utah fund of funds by the venture capital
investment fund allocation manager selected by the corporation; and
(b) be charged only to pay for reasonable and necessary costs of the corporation.
(3) The corporation may apply for and, when qualified, receive financial assistance from
the Industrial Assistance Fund under Title 9, Chapter 2, Part 12, Industrial Assistance Fund, [
under this part.
Section 108. Section 63-38f-1212 , which is renumbered from Section 9-2-1912 is
renumbered and amended to read:
[
(1) Upon the dissolution of the Utah fund of funds, the corporation shall be liquidated
and dissolved.
(2) Upon dissolution or privatization of the corporation, any assets owned by the
corporation shall be distributed to one or more Utah nonprofit tax exempt organizations to be
designated by the Legislature for the purposes listed in Section [
provided in Title 63E, Chapter 1, Independent Entities Act.
Section 109. Section 63-38f-1213 , which is renumbered from Section 9-2-1913 is
renumbered and amended to read:
[
(1) The corporation shall organize the Utah fund of funds.
(2) The Utah fund of funds shall make investments in private seed and venture capital
partnerships or entities in a manner and for the following purposes:
(a) to encourage the availability of a wide variety of venture capital in the state;
(b) to strengthen the economy of the state;
(c) to help business in the state gain access to sources of capital;
(d) to help build a significant, permanent source of capital available to serve the needs of
businesses in the state; and
(e) to accomplish all these benefits in a way that minimizes the use of contingent tax
credits.
(3) The Utah fund of funds shall be organized:
(a) as a limited partnership or limited liability company under Utah law having the
corporation as the general partner or manager; and
(b) to provide for equity interests for designated investors which provide for a designated
scheduled rate of return and a scheduled redemption in accordance with rules made by the board
pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(4) Public money may not be invested in the Utah fund of funds.
Section 110. Section 63-38f-1214 , which is renumbered from Section 9-2-1914 is
renumbered and amended to read:
[
corporation -- Redemption reserve.
(1) The corporation shall be compensated for its involvement in the Utah fund of funds
through the payment of the management fee described in Section [
(2) (a) Any returns in excess of those payable to designated investors shall be deposited
in the redemption reserve and held by the corporation as a first priority reserve for the
redemption of certificates.
(b) Any returns received by the corporation from investment of amounts held in the
redemption reserve shall be added to the redemption reserve until it has reached a total of
$100,000,000.
(c) If at the end of any calendar year the redemption reserve exceeds the $100,000,000
limitation referred to in Subsection (2)(b), the excess shall be reinvested in the Utah fund of
funds.
(3) Funds held by the corporation in the redemption reserve shall be invested in
accordance with Title 51, Chapter 7, State Money Management Act.
Section 111. Section 63-38f-1215 , which is renumbered from Section 9-2-1915 is
renumbered and amended to read:
[
(1) The Utah fund of funds shall invest funds:
(a) principally in high-quality venture capital funds managed by investment managers
who have:
(i) made a commitment to equity investments in businesses located within the state; and
(ii) have committed to maintain a physical presence within the state;
(b) in private venture capital funds and not in direct investments in individual businesses;
and
(c) in venture capital funds with experienced managers or management teams with
demonstrated expertise and a successful history in the investment of venture capital funds.
(2) (a) The Utah fund of funds shall give priority to investments in private seed and
venture capital partnerships and entities that have demonstrated a commitment to the state as
evidenced by:
(i) the investments they have made in Utah-based entities;
(ii) the correspondent relationships they have established with Utah-based venture capital
funds; or
(iii) the commitment they have made to expand the reach of expertise within the state by
adding additional investment areas of expertise.
(b) The manager of the Utah fund of funds may waive the priorities under Subsection
(2)(a) only if necessary to achieve the targeted investment returns required to attract designated
investors.
(3) The Utah fund of funds may invest funds in a newly created venture capital fund only
if the managers or management team of the fund have the experience, expertise, and a successful
history in the investment of venture capital funds as described in Subsection (1)(c).
(4) (a) An investment or investments by the fund of funds in any venture capital fund
may comprise no more than 20% of the total committed capital in the venture capital fund.
(b) (i) No more than 50% of the funds invested by the fund of funds may be made with
venture capital entities with offices in the state established prior to July 1, 2002.
(ii) The restriction under Subsection (4)(b)(i) shall remain in place until three additional
venture capital entities open new offices in the state.
Section 112. Section 63-38f-1216 , which is renumbered from Section 9-2-1916 is
renumbered and amended to read:
[
(1) The Utah fund of funds may:
(a) engage consultants and legal counsel;
(b) expend funds;
(c) invest funds;
(d) enter into contracts;
(e) insure against loss;
(f) hire employees;
(g) issue equity interests to designated investors that have purchased certificates from the
board; and
(h) perform any other act necessary to carry out its purposes.
(2) (a) The Utah fund of funds shall engage a venture capital investment fund allocation
manager.
(b) The compensation paid to the fund manager shall be in addition to the management
fee paid to the corporation under Section [
(3) The Utah fund of funds may:
(a) issue debt and borrow the funds needed to accomplish its goals;
(b) not secure its debt with contingent tax credits issued by the board;
(c) open and manage bank and short-term investment accounts as considered necessary
by the venture capital investment fund allocation manager; and
(d) expend moneys to secure investment ratings for investments by designated investors
in the Utah fund of funds.
Section 113. Section 63-38f-1217 , which is renumbered from Section 9-2-1917 is
renumbered and amended to read:
[
(1) Each calendar year, an audit of the activities of the Utah fund of funds shall be made
as described in this section.
(2) (a) The audit shall be conducted by:
(i) the state auditor; or
(ii) an independent auditor engaged by the state auditor.
(b) An independent auditor used under Subsection (2)(a)(ii) must have no business,
contractual, or other connection to:
(i) the corporation; or
(ii) the Utah fund of funds.
(3) The corporation shall pay the costs associated with the annual audit.
(4) The annual audit report shall:
(a) be delivered to:
(i) the corporation; and
(ii) the board; and
(b) include a valuation of the assets owned by the Utah fund of funds as of the end of the
reporting year.
Section 114. Section 63-38f-1218 , which is renumbered from Section 9-2-1918 is
renumbered and amended to read:
[
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
board, in consultation with the State Tax Commission, shall make rules governing the form,
issuance, and redemption of certificates.
(2) The board's issuance of certificates and related contingent tax credits to designated
investors shall be subject to the following:
(a) the aggregate outstanding certificates may not exceed a total of $100,000,000 of
contingent tax credits;
(b) the certificates shall be issued contemporaneously with an investment in the Utah
fund of funds by a designated investor;
(c) contingent tax credits shall be issued in a manner that not more than $20,000,000 of
contingent tax credits may be initially redeemable in any fiscal year; and
(d) the credits are certifiable if there are insufficient funds in the redemption reserve to
make a cash redemption and the board does not exercise its other options under Subsection
[
(3) In determining the $100,000,000 maximum limit in Subsection (2)(a) and the
$20,000,000 limitation in Subsection (2)(c):
(a) the board shall use the cumulative amount of scheduled aggregate returns on
certificates issued by the board to designated investors;
(b) certificates and related contingent tax credits which have expired may not be
included; and
(c) certificates and related contingent tax credits which have been redeemed shall be
included only to the extent of tax credits actually allowed.
(4) Contingent tax credits are subject to the following:
(a) a contingent tax credit may not be redeemed except by a designated investor in
accordance with the terms of a certificate from the board;
(b) a contingent tax credit may not be redeemed prior to the time the Utah fund of funds
receives full payment from the designated investor for the certificate;
(c) a contingent tax credit shall be claimed for a tax year that begins during the calendar
year maturity date stated on the certificate;
(d) an investor who redeems a certificate and the related contingent tax credit shall
allocate the amount of the contingent tax credit to the taxpayers of the investor based on the
taxpayer's pro rata share of the investor's earnings; and
(e) any contingent tax credit in excess of the taxpayer's tax liability for the tax year may
be credited to the tax liability until the earlier of:
(i) the depletion of the contingent tax credit; or
(ii) a period not to exceed seven years.
(5) In calculating the amount of a contingent tax credit:
(a) a contingent tax credit shall be certified by the board only if the actual return to the
designated investor is less than the return that was targeted at the issuance of the certificate;
(b) the amount of the contingent tax credit may not exceed the difference between:
(i) the sum of:
(A) the initial equity investment of the designated investor in the Utah fund of funds; and
(B) the scheduled aggregate return to the designated investor at rates of return authorized
by the board at the issuance of the certificate; and
(ii) the aggregate actual return received by the designated investor and any predecessor in
interest of the initial equity investment and interest on the initial equity investment; and
(c) the rates, whether fixed rates or variable rates, shall be determined by a formula
stipulated in the certificate.
(6) The board shall clearly indicate on the certificate:
(a) the targeted return on the invested capital;
(b) the amount of the initial equity investment;
(c) the calculation formula for determining the scheduled aggregate return on the initial
equity investment; and
(d) the calculation formula for determining the amount of the contingent tax credit that
may be claimed.
(7) Once moneys are invested by a designated investor, the certificate:
(a) shall be binding on the board; and
(b) may not be modified, terminated, or rescinded.
(8) Funds invested by a designated investor for a certificate shall be paid to the
corporation for placement in the Utah fund of funds.
(9) The State Tax Commission may, in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, and in consultation with the board, make rules to help
implement this section.
Section 115. Section 63-38f-1219 , which is renumbered from Section 9-2-1919 is
renumbered and amended to read:
[
(1) A certificate and the related contingent tax credit may be transferred by the
designated investor.
(2) The board, in conjunction with the State Tax Commission, shall develop:
(a) a system for registration of any certificate and related contingent tax credit issued or
transferred under this part; and
(b) a system that permits verification that:
(i) any contingent tax credit claimed upon a tax return is valid; and
(ii) any transfers of the certificate and related contingent tax credit are made in
accordance with the requirements of this part.
(3) A certificate or contingent tax credit issued or transferred under this part may not be
considered a security under Title 61, Chapter 1, Utah Uniform Securities Act.
Section 116. Section 63-38f-1220 , which is renumbered from Section 9-2-1920 is
renumbered and amended to read:
[
(1) If a designated investor elects to redeem a certificate, the certificate shall be presented
to the board for redemption no later than June 30 of the calendar year maturity date stated on the
certificate.
(2) Upon presentment to the board, it shall determine and certify the amount of the
contingent tax credit that may be claimed by the designated investor based on:
(a) the limitations in Section [
(b) rules made by the board in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act.
(3) (a) If there are sufficient funds in the redemption reserve, the board shall direct the
corporation to make a cash redemption of the certificate.
(b) If there are insufficient funds in the redemption reserve, the board may elect to
redeem the certificate:
(i) by certifying a contingent tax credit to the designated investor; or
(ii) by making demand on designated purchasers to purchase certificates in accordance
with Section [
(4) The board shall certify to the State Tax Commission the contingent tax credit which
can be claimed by the designated investor with respect to the redemption of the certificate.
Section 117. Section 63-38f-1221 , which is renumbered from Section 9-2-1921 is
renumbered and amended to read:
[
(1) The board may elect to draw on a commitment to redeem a certificate from a
designated investor.
(2) If the board makes an election under Subsection (1), it shall:
(a) inform the designated purchaser of the amount of the contingent tax credit that must
be purchased from the board;
(b) specify the date on which the purchase must be consummated; and
(c) use the funds delivered to the board by the designated purchaser to redeem the
certificate from the designated investor.
(3) The board has discretion in determining which commitment or commitments and
what portion of those commitments to use to redeem certificates.
(4) The contingent tax credits acquired by a designated purchaser under this section are
subject to Section [
Section 118. Section 63-38f-1222 , which is renumbered from Section 9-2-1922 is
renumbered and amended to read:
[
(1) This part may not be construed as a restriction or limitation upon any power which
the board might otherwise have under any other law of this state and the provisions of this part
are cumulative to those powers.
(2) This part shall be construed to provide a complete, additional, and alternative method
for performing the duties authorized and shall be regarded as supplemental and additional powers
to those conferred by any other laws.
(3) The provisions of any contract entered into by the board or the Utah fund of funds
may not be compromised, diminished, invalidated, or affected by the:
(a) level, timing, or degree of success of the Utah fund of funds or the investment funds
in which the Utah fund of funds invests; or
(b) extent to which the investment funds are:
(i) invested in Utah venture capital projects; or
(ii) successful in accomplishing any economic development objectives.
Section 119. Section 63-38f-1223 , which is renumbered from Section 9-2-1923 is
renumbered and amended to read:
[
Investments by designated investors in the Utah fund of funds are permissible
investments under applicable laws of the state for:
(1) state-chartered banks;
(2) state-chartered savings and loan associations;
(3) state-chartered credit unions;
(4) state-chartered industrial banks; and
(5) domestic insurance companies.
Section 120. Section 63-38f-1224 , which is renumbered from Section 9-2-1924 is
renumbered and amended to read:
[
(1) Except as otherwise provided in this part, the corporation is exempt from statutes
governing state agencies, as provided in Section 63E-2-109 .
(2) The corporation shall be subject to:
(a) Title 52, Chapter 4, Open and Public Meetings [
(b) Title 63, Chapter 2, Government Records Access and Management Act.
Section 121. Section 63-38f-1301 , which is renumbered from Section 9-2-2001 is
renumbered and amended to read:
[
(1) The Legislature finds that:
(a) the fostering and development of industry in Utah is a state public purpose necessary
to assure the welfare of its citizens, the growth of its economy, and adequate employment for its
citizens; and
(b) Utah loses prospective high paying jobs, economic impacts, and corresponding
incremental new state revenues to competing states due to a wide variety of competing economic
development incentives offered by those states.
(2) This part is enacted to address the loss of new economic growth in Utah and the
corresponding loss of incremental new state revenues by providing tax increment financial
incentives to attract new commercial projects in development zones located on or contiguous to
airports in the state.
Section 122. Section 63-38f-1302 , which is renumbered from Section 9-2-2002 is
renumbered and amended to read:
[
As used in this part:
[
created under Section [
[
economic multiplier as defined by a fiscal impact model approved by the Governor's Office of
Planning and Budget to quantify by estimate the indirect state tax revenues that are in addition to
direct state tax revenues.
[
generated as a result of new economic commercial projects in a development zone, to include the
state's portion of sales taxes, and company and employee income taxes derived from the projects,
together with indirect state revenues generated by the projects, but not to include any portion of
sales taxes earmarked for local governments or other taxing jurisdictions eligible for sales tax
revenues.
[
Office of Economic Development acting through its [
(5) "Partial rebates" means returning a portion of the new state revenues generated by
new commercial projects to companies or individuals that have created new economic growth
within a development zone.
Section 123. Section 63-38f-1303 , which is renumbered from Section 9-2-2003 is
renumbered and amended to read:
[
The [
Aerospace and Aviation Development Zone at or around any airport in the state that satisfies the
following requirements:
(1) the airport shall have an instrumental landing system;
(2) the airport shall have a manned air traffic control tower;
(3) the airport shall have land available for commercial development on, or contiguous
to, the airport; and
(4) Subsections (1) and (2) sunset on January 1, 2006, unless the Legislature determines
otherwise.
Section 124. Section 63-38f-1304 , which is renumbered from Section 9-2-2004 is
renumbered and amended to read:
[
(1) The [
agreements providing for partial rebates of new state revenues generated by new commercial
projects to companies or individuals that create new economic growth within the development
zone.
(2) In no event may the partial rebates be in excess of 50% of the new state revenues in
any given year.
(3) (a) The partial rebates may not exceed 30% of the new state revenues generated over
the life of a new commercial project.
(b) For purposes of this part, the life of a new commercial project is limited to 20 years.
[
Section 125. Section 63-38f-1305 , which is renumbered from Section 9-2-2005 is
renumbered and amended to read:
[
The [
to the following:
(1) no partial rebates may be paid prior to verification, by the [
new state revenues upon which the tax rebate is based;
(2) partial rebates can only be paid on projects that are within the development zone;
(3) partial rebates can only be paid on projects that bring new, incremental jobs to the
state;
(4) qualifying projects must involve direct investment within the geographic boundaries
of the development zone;
(5) only aerospace and aviation industry projects[
partial rebates; and
(6) in order to claim payments representing partial rebates of new state revenues, a
person must:
(a) enter into [
affirm by contractual agreement to keep supporting records for at least four years after final
payment of partial rebates under this part;
(b) submit to audits for verification of the amounts claimed; and
(c) comply with other conditions as are required by the [
Section 126. Section 63-38f-1306 , which is renumbered from Section 9-2-2006 is
renumbered and amended to read:
[
Any payment of partial rebates of new state revenues shall be made in accordance with
procedures adopted by the [
include the following:
(1) within 90 days of the end of each calendar year, any company or individual that has
entered into an agreement with the [
[
during that calendar year, the documentation to include the types of taxes and corresponding
amounts of taxes paid directly to the Utah State Tax Commission, and sales taxes paid to Utah
vendors and suppliers that are indirectly paid to the Utah State Tax Commission;
(2) the [
determination of the amount of partial rebates earned under the agreement, and forward [
an office-approved request for payment of that amount to the Division of Finance, together with
information regarding the name and address of the payee and any other information reasonably
requested by the [
(3) the Division of Finance shall pay a partial rebate from the Economic Incentive
Restricted Account created in Section [
and the [
Section 127. Section 63-38f-1307 , which is renumbered from Section 9-2-2007 is
renumbered and amended to read:
[
(1) The [
limitations of this part, may determine:
(a) the structure and amount of any partial rebates offered under this part;
(b) the economic impacts and job creation necessary to qualify for the incentive; and
(c) the other terms and conditions of any agreement entered into under this part.
(2) In reviewing claims for partial rebates of new state revenues, the [
may accept:
(a) as the amount of employee income taxes paid, the amount of employee income taxes
withheld and transmitted to the Utah State Tax Commission as evidenced by payroll records
rather than adjusting for the difference between taxes withheld and taxes actually paid through
filing by employees' annual income tax statements; and
(b) as the amount of company income taxes paid, the amount of corporate franchise and
income taxes estimated and transmitted to the Utah State Tax Commission as evidenced by
quarterly payment records rather than adjusting for the difference between estimated taxes paid
quarterly and taxes actually paid through the filing of the corporation's annual income tax
statement.
[
[
[
[
[
[
Section 128. Section 63-38f-1308 , which is renumbered from Section 9-2-2008 is
renumbered and amended to read:
[
Projects that qualify for partial rebates of new state revenues under this part and enter into
agreements with the [
financial assistance from the Industrial Assistance Fund under Section [
Section 129. Section 63-38f-1309 , which is renumbered from Section 9-2-2009 is
renumbered and amended to read:
[
Account.
(1) There is created a restricted account in the General Fund known as the Economic
Incentive Restricted Account.
(2) The account shall be used to make payments as required under Section [
63-38f-1306 .
(3) (a) The Division of Finance shall transfer from the General Fund the amount
estimated by the [
as allowed in Section [
(b) The amount transferred into the account shall be reduced by any unencumbered
balances in the account.
(4) Not withstanding Subsections 51-5-3 (23)(b) and 63-38-9 (4)(c), after receiving a
request for payment, in accordance with Subsection [
Finance shall pay the partial rebates as allowed in Section [
account.
(5) (a) Prior to the beginning of each fiscal year, the [
Governor's Office of Planning and Budget, the Office of Legislative Fiscal Analyst, and the
Division of Finance of:
(i) the estimated amount of new state revenues created from economic growth in the
development zones, the estimate detailed by the amounts from:
(A) sales tax;
(B) income tax; and
(C) corporate franchise and income tax; and
(ii) the estimated amount partial rebates projected to be paid in the upcoming fiscal year,
the estimates detailed by the amounts from:
(A) sales tax;
(B) income tax; and
(C) corporate franchise and income tax.
(b) The [
and (ii) within 30 days of the signing of each new agreement entered into under this part.
Section 130. Section 63-38f-1401 , which is renumbered from Section 9-2-1701 is
renumbered and amended to read:
[
The Legislature finds and declares that the development of travel and tourism in Utah is a
state public purpose necessary to assure the welfare of its citizens, the growth of its economy,
and adequate employment of its citizens.
Section 131. Section 63-38f-1402 , which is renumbered from Section 9-2-1702 is
renumbered and amended to read:
[
As used in this part:
(1) [
63-38f-1406 .
[
[
(2) "Director" means the director of the Governor's Office for Economic Development.
[
Performance Fund created in Section [
[
(a) retail/eating and drinking;
(b) services/hotels and lodging;
(c) services/automotive rental;
(d) services/amusement and recreation; and
(e) transportation.
(5) "Office" means the Governor's Office of Economic Development.
(6) "Tourism marketing" means an activity to develop, encourage, solicit, or promote
tourism within this state that attracts transient guests to the state, including:
(a) planning;
(b) product development; and
(c) advertising directed to out of state consumers that promotes leisure travel products or
attractions specific to Utah.
(7) "Tourism oriented sales and use taxes" means a state sales and use tax imposed under
Section 59-12-103 for amounts paid or charged for taxable items or services:
(a) described under Subsection 59-12-103 (1); and
(b) provided by a person described by the following SIC Codes of the 1987 Standard
Industrial Classification Manual of the federal Executive Office of the President, Office of
Management and Budget:
(i) SIC Codes 4011 through 4789;
(ii) SIC Codes 5812 and 5813;
(iii) SIC Codes 7011 through 7041;
(iv) SIC Codes 7513 through 7519; and
(v) SIC Codes 7812 through 7999.
[
Section 132. Section 63-38f-1403 , which is renumbered from Section 9-2-1703 is
renumbered and amended to read:
[
(1) (a) There is created within the General Fund a restricted account known as the
"Tourism Marketing Performance Fund."
(b) The fund shall be administered by the [
[
(2) The fund shall be funded by appropriations made to the fund by the Legislature in
accordance with Section [
(3) Any undistributed monies in the fund at the end of the fiscal year are nonlapsing
[
Section 133. Section 63-38f-1404 , which is renumbered from Section 9-2-1703.5 is
renumbered and amended to read:
[
(1) The Legislature shall appropriate $200,000 to the fund each fiscal year for which the
State Tax Commission finds that the industry growth for the prior fiscal year equals or exceeds
4%[
[
[
(2) To determine the prior fiscal year industry growth the State Tax Commission shall:
(a) calculate the tourism-oriented sales and use taxes for the fiscal year two years
preceding the fiscal year of appropriation;
(b) calculate the tourism-oriented sales and use taxes for the fiscal year three years
preceding the fiscal year of the appropriation; and
(c) determine whether the tourism-oriented sales and use taxes calculated in Subsection
(2)(a) increased from the tourism-oriented sales and use taxes calculated under Subsection (2)(b).
(3) The State Tax Commission shall report its determination under Subsection (2) to the
Governor's Office of Planning and Budget by no later than September 30 of each year.
Section 134. Section 63-38f-1405 , which is renumbered from Section 9-2-1704 is
renumbered and amended to read:
[
recipients.
The appropriation to the fund required by Section [
distributed by the [
marketing plan [
Section 135. Section 63-38f-1406 , which is renumbered from Section 9-3-201 is
renumbered and amended to read:
[
(1) There is created within the [
Development.
(2) The board shall advise the [
policies, and strategies and on trends and opportunities for [
exist in the various areas of the state.
Section 136. Section 63-38f-1407 , which is renumbered from Section 9-3-202 is
renumbered and amended to read:
[
(1) (a) The board shall consist of nine members appointed by the governor to four-year
terms of office with the consent of the Senate.
(b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(2) The members may not serve more than two full consecutive terms unless the
governor determines that an additional term is in the best interest of the state.
(3) Not more than five members of the board may be of the same political party.
(4) (a) The members shall be representative of:
(i) all areas of the state with six being appointed from separate geographical areas as
provided in Subsection (4)(b); and
(ii) a diverse mix of the travel and tourism related industries.
(b) The geographical representatives shall be appointed as follows:
(i) one member from Salt Lake, Tooele, or Morgan County;
(ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
(iii) one member from Utah, Summit, Juab, or Wasatch County;
(iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
(v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
(vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
(c) The travel and tourism industry representatives shall be appointed from among active
participants in the ownership or management of travel and tourism related businesses.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term from the same geographic area or industry representation as the
member whose office was vacated.
(6) Five members of the board constitutes a quorum for conducting board business and
exercising board powers.
(7) The governor shall select one of the board members as chair and one of the board
members as vice chair, each for a two-year term.
(8) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
(9) The board shall meet at least once each quarter at various locations throughout the
state.
(10) The board's office shall be in Salt Lake City.
Section 137. Section 63-38f-1408 , which is renumbered from Section 9-3-203 is
renumbered and amended to read:
[
(1) The board shall:
(a) review a program of information, advertising, and publicity relating to the
recreational, scenic, historic, highway, and tourist attractions of the state at large; and
(b) encourage and assist in the coordination of the activities of persons, firms,
associations, corporations, civic groups, and governmental agencies engaged in publicizing,
developing, and promoting the scenic attractions and tourist advantages of the state.
(2) The board may solicit and accept contributions of moneys, services, and facilities
from any other sources, public or private and shall use these funds for promoting the general
interest of the state in travel and tourism.
Section 138. Section 63-38f-1409 , which is renumbered from Section 9-3-204 is
renumbered and amended to read:
[
development plan -- Annual report and survey.
[
[
[
(a) be the [
(b) develop a [
(c) develop a plan to increase the economic contribution by tourists visiting the state;
(d) plan and conduct a program of information, advertising, and publicity relating to the
recreational, scenic, historic, highway, and tourist advantages and attractions of the state at large;
and
(e) encourage and assist in the coordination of the activities of persons, firms,
associations, corporations, travel regions, counties, and governmental agencies engaged in
publicizing, developing, and promoting the scenic attractions and tourist advantages of the state[
[
limited to, enhancing the state's image, promoting Utah as a year-round destination, encouraging
expenditures by visitors to the state, and expanding the markets where the state is promoted.
[
(a) conduct surveys on tourism promotion activities undertaken by cities and counties
within the state; and
(b) in collaboration with the cities and counties surveyed, make an annual report to the
Legislature on the economic benefit of those activities to the state and the cities and counties
surveyed by the [
Section 139. Section 63-38f-1410 , which is renumbered from Section 9-3-206 is
renumbered and amended to read:
[
The [
state or federal agencies to accept services, quarters, or facilities as a contribution in carrying out
the duties and functions of the [
Section 140. Section 63-38f-1501 , which is renumbered from Section 9-8-901 is
renumbered and amended to read:
[
This part shall be known as the "Utah Pioneer Communities Program Act."
Section 141. Section 63-38f-1502 , which is renumbered from Section 9-8-902 is
renumbered and amended to read:
[
As used in this part:
(1) "Advisory board" means the Utah Pioneer Communities Program Advisory Board
created in Section [
(2) "Community" means a city, county, town, or any combination of these.
(3) "Revitalization" means the process of engaging in activities to increase economic
activity while preserving and building upon a location's historically significant characteristics.
Section 142. Section 63-38f-1503 , which is renumbered from Section 9-8-903 is
renumbered and amended to read:
[
(1) (a) There is created within the [
Advisory Board.
(b) The Permanent Community Impact Fund Board created in Section 9-4-304 shall act
as the advisory board.
(2) The advisory board shall have the powers and duties described in Section [
63-38f-1504 and shall operate the Utah Pioneer Communities Program in accordance with
Section [
(3) The [
serve as a nonvoting secretary for the advisory board.
(4) (a) (i) Members who are not government employees shall receive no compensation
or benefits for their services, but may receive per diem and expenses incurred in the performance
of the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the board at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 143. Section 63-38f-1504 , which is renumbered from Section 9-8-904 is
renumbered and amended to read:
[
(1) The advisory board shall:
(a) establish and administer a Utah Pioneer Communities Program to assist communities
in planning, managing, and implementing programs for the revitalization of business districts and
the preservation of their distinct history, heritage, and culture as a basis for promoting stable,
sustained economic growth through business expansion and tourism;
(b) select, upon application by the community, communities to participate in the Utah
Pioneer Communities Program;
(c) enter into contracts to obtain services related to community preservation and tourism
development;
(d) with help from interested communities, individuals, and organizations, develop a plan
describing the objectives of the Utah Pioneer Communities Program and the methods by which
the advisory board shall:
(i) coordinate the activities of that program with the private and public sector; and
(ii) solicit and use private sector funding to revitalize business districts and provide
services related to community preservation, tourism, and business development; and
(e) coordinate and consult with other state and local or public and private entities that
provide services to communities undertaking projects to provide services related to community
preservation, tourism, and business development.
(2) The advisory board shall provide training, technical assistance, and information on
services related to community preservation, tourism, and business development.
Section 144. Section 63-38f-1505 , which is renumbered from Section 9-8-905 is
renumbered and amended to read:
[
(1) The advisory board shall develop objective criteria including the following:
(a) a three year commitment by the applicant to provide a project manager with a travel
and operating budget;
(b) evidence that both the business community and the local government support the
Utah Pioneer Communities Program approach philosophically and financially;
(c) capacity for economic change as a result of being a participant in the program;
(d) geographic location, population, and economic base diversity;
(e) evidence of past preservation efforts; and
(f) a population of less than 50,000.
(2) The advisory board shall provide to the governor and to the presiding officer of each
house of the Legislature an annual report on the effects of the Utah Pioneer Communities
Program.
Section 145. Section 63-38f-1601 , which is renumbered from Section 9-16-101 is
renumbered and amended to read:
[
(1) This chapter is known as the "[
(2) As used in this chapter[
(a) "Office" means the Governor's Office of [
(b) "Program" means the Rural Development Program.
Section 146. Section 63-38f-1602 , which is renumbered from Section 9-16-102 is
renumbered and amended to read:
[
(1) There is created within the [
Program.
(2) The [
[
Section 147. Section 63-38f-1603 , which is renumbered from Section 9-16-103 is
renumbered and amended to read:
[
The [
(1) foster and support economic development programs and activities for the benefit of
rural counties and communities;
(2) foster and support community, county, and resource management planning programs
and activities for the benefit of rural counties and communities;
(3) foster and support leadership training programs and activities for the benefit of:
(a) rural leaders in both the public and private sectors;
(b) economic development and planning personnel; and
(c) rural government officials;
(4) foster and support efforts to coordinate and focus the technical and other resources of
appropriate institutions of higher education, local governments, private sector interests,
associations, nonprofit organizations, federal agencies, and others, in ways that address the
economic development, planning, and leadership challenges and priorities of rural Utah as
identified in the strategic plan required under Subsection 63C-10-103 (2);
(5) work to enhance the capacity of the office to address rural economic development,
planning, and leadership training challenges and opportunities by establishing partnerships and
positive working relationships with appropriate public and private sector entities, individuals,
and institutions; and
(6) foster government-to-government collaboration and good working relations between
state and rural government regarding economic development and planning issues.
Section 148. Section 63-38f-1604 , which is renumbered from Section 9-16-104 is
renumbered and amended to read:
[
(1) The [
(a) provide, in conjunction with the Rural Coordinating Committee, staff support to the
Governor's Rural Partnership board;
(b) facilitate within the department implementation of the strategic plan prepared under
Subsection 63C-10-103 (2);
(c) work to enhance the capacity of the office to address rural economic development,
planning, and leadership training challenges and opportunities by establishing partnerships and
positive working relationships with appropriate public and private sector entities, individuals,
and institutions;
(d) work with the Rural Coordinating Committee to coordinate and focus available
resources in ways that address the economic development, planning, and leadership training
challenges and priorities in rural Utah; and
(e) in accordance with economic development and planning policies set by state
government, coordinate relations between:
(i) the state;
(ii) rural governments;
(iii) other public and private groups engaged in rural economic planning and
development; and
(iv) federal agencies.
(2) (a) The [
[
[
rural Utah citizens; and
[
(2)(a)[
(b) All resources received under Subsection (2)(a)[
General Fund as dedicated credits to be used as directed in Subsection (2)(a)[
(c) All funding for the benefit of rural Utah as defined in this section is nonlapsing.
Section 149. Section 63-38f-1605 , which is renumbered from Section 9-16-105 is
renumbered and amended to read:
[
(1) The [
(2) The [
economic development and planning and experienced in administration.
(3) Upon change of the [
manager of the program may not be dismissed without cause for at least 180 days.
(4) The [
Committee's Steering Committee created in Subsection 63C-10-202 (3).
Section 150. Section 63-38f-1606 , which is renumbered from Section 9-16-106 is
renumbered and amended to read:
[
The office shall submit an annual report of [
recommendations to:
[
[
[
36-25-102 .
Section 151. Section 63-49a-1 is amended to read:
63-49a-1. Acquisition of easements -- Restrictions -- Resale.
(1) (a) The [
Development shall acquire, by purchase or condemnation, easements for the establishment,
maintenance, and operation of a restrictive use area for the operation of aircraft to and from Hill
Air Force Base because:
(i) Hill Air Force Base is a military installation of vital importance to security of the
United States of America and to the economic well-being of the citizens of Utah;
(ii) there are certain portions of land around the entire base that are being developed for
residential and other uses that are incompatible with current and future operations of the base
because of noise, health, safety, and accident reasons; and
(iii) it is the purpose of this chapter for the state to acquire those easements restricting the
use of those lands and the air space above them in order to assure the continued operation of Hill
Air Force Base as an active military base and to protect the health, safety, and economic
well-being of the citizens of Utah.
(b) The [
may delegate its power to purchase or condemn easements under this subsection to other state
agencies if the department ensures that those agencies comply with the procedures and
requirements of this chapter.
(2) (a) The [
Development shall ensure that the easements restrict the land from those uses identified in the
Hill Air Force Base AICUZ Land Use Compatibility Guidelines Study, as amended, dated
October, 1982, as not being acceptable.
(b) The [
may allow certain other uses not prohibited by those guidelines if those uses are consistent with
the purpose of this chapter.
(c) Nothing in this chapter may be construed to authorize the [
(i) acquire any ownership interest in real property other than an easement restricting the
land from future uses inconsistent with the Hill Air Force Base AICUZ Land Use Compatibility
Guidelines Study, as amended, dated October 1982;
(ii) purchase businesses; or
(iii) require people to relocate or move from their property.
(d) To calculate the purchase price for the easements, the [
property and its improvements after the acquisition of the easements from the market value of the
real property and its improvements before the acquisition of the easements.
(e) When the Hill Air Force Base runways have not been used for seven years to
accommodate the arrival and departure of airplanes, the [
Governor's Office of Economic Development shall:
(i) notify by certified mail each current owner of the property to which each easement is
attached;
(ii) inform that owner that the owner may purchase the easement from the state for the
same price that the state paid for it originally or for the market value of the easement at the time
of the buyback, whichever is smaller; and
(iii) sell the easement to the owner of the property to which the easement is attached if
the owner tenders the purchase price.
(f) In addition to purchasing the easements required by this chapter, the [
relocation expenses to all churches, businesses, and schools that, as of March 1, 1994, were
located either within the north Hill Air Force Base accident potential zone (APZ) identified in
Subsection 63-49a-2 (1)(a) or within the south Hill Air Force Base accident potential zone (APZ)
identified in Subsection 63-49a-2 (1)(b) if those churches, businesses, and schools can reasonably
demonstrate that expansion of the use would have been permitted before acquisition of the
easements but is now prohibited because of the easement.
(3) (a) The [
Development may take action to enforce the provisions of this chapter.
(b) The attorney general shall represent the [
Office of Economic Development in that action.
Section 152. Section 63-49a-2 is amended to read:
63-49a-2. Location of easements.
(1) The [
or its designees may acquire easements on the land within the following boundaries:
(a) beginning on the north Hill Air Force Base accident potential zone (APZ) at a point
which is North 1,089,743.170 meters and East 459,346.946 meters based on the North zone,
State of Utah, NAD 83 coordinates and runs north to North 63 degrees 10 minutes 44 seconds,
East 457.109 meters, North 26 degrees 49 minutes 16 seconds, West 3,352.129 meters, South 63
degrees 10 minutes 44 seconds, West 914.217 meters, South 26 degrees 49 minutes 16 seconds,
East 3,352.129 meters, North 63 degrees 10 minutes 44 seconds, East 457.109 meters back to the
point of beginning; and
(b) beginning on the south Hill Air Force Base APZ which is North 1,086,065.786
meters and East 461,206.222 meters based on the North zone, State of Utah, NAD 83 coordinates
and runs South 63 degrees 10 minutes 44 seconds, West 457.109 meters, South 26 degrees 49
minutes 16 seconds, East 502.179 meters, South 0 degrees 20 minutes 35 seconds, West
1,722.227 meters, South 89 degrees 39 minutes 25 seconds, East 883.743 meters, North 63
degrees 10 minutes 44 seconds, East 914.217 meters, North 26 degrees 49 minutes 16 seconds,
West 2,437.912 meters, South 63 degrees 10 minutes 44 seconds, West 457.109 meters back to
the point of beginning.
(2) The [
or its designees may acquire easements on the following land that is located inside the 75 and 80
level day-night (LDN) noise contour as identified in the Hill Air Force Base AICUZ Land Use
Compatibility Guidelines Study, as amended, dated October, 1982:
(a) in the west half of Section 3, T4NR1W;
(b) in the east half of Section 4, T4NR1W;
(c) in the northeast quarter of Section 8, T4NR1W;
(d) within all of Section 9, T4NR1W;
(e) in the northwest quarter of Section 10, T4NR1W;
(f) within the southwest quarter of Section 19, T5NR1W;
(g) in the south half of Section 20, T5NR1W;
(h) within the southwest quarter of Section 28, T5NR1W; and
(i) within Section 29, T5NR1W.
Section 153. Section 63-49a-3 is amended to read:
63-49a-3. Certain improvements, alterations, and expansions prohibited.
(1) A person or entity may not begin to develop, or authorize development, on any land
identified in this chapter until [
affirmatively authorized the development of the land because the development is consistent with
those uses identified in the Hill Air Force Base AICUZ Land Use Compatibility Guidelines
Study, as amended, dated October 1982.
(2) Nothing in this chapter prohibits any property owner from improving, altering, or
expanding any existing residential or commercial use of his property so long as the improvement,
alteration, or expansion does not materially increase the human density of that present use.
Section 154. Section 63-51-10 is amended to read:
63-51-10. Financial impact statement -- Alleviation plan -- Filing required --
Contents -- Payments credited against tax -- Provisions neither exclusive nor mandatory.
(1) (a) [
63-51-3 shall first prepare and file with the [
of Economic Development and all units of local government likely to be affected with a
significant financial impact due to a natural resource or industrial facility a financial impact
statement together with a plan for alleviating these impacts.
(b) The impact statement and the alleviation plan shall be prepared in cooperation with
and after consultation with the [
Development and the affected units of local government.
(c) The financial impact statement shall assess the projected financial impact on state
agencies and units of local government, including[
transportation systems, culinary water systems, waste treatment facilities, public safety, schools,
public health, housing, planning and zoning, and general government administration.
(d) The alleviation plan shall set out proposals for alleviating the impact and may include
payments to local units of government or direct expenditures by the developer to alleviate the
impact.
(e) The impact statement and the alleviation plan may be amended by the developer in
cooperation with and after consultation with the [
Office of Economic Development and those units of local government affected by the
amendment.
(2) At least 90 days prior to commencement of construction of an industrial facility or
natural resources facility by a major developer, an impact statement and alleviation plan as
described in Subsection (1) shall be filed by the major developer whether or not the major
developer desires to prepay ad valorem property taxes.
(3) (a) Upon the filing of the financial impact statement and alleviation plan, a developer
may apply to the governing body of the affected unit of local government for authorization to
prepay a portion of the anticipated ad valorem property taxes to be expended consistent with the
alleviation plan.
(b) This authorization may provide that only a portion of the amounts so prepaid can be
applied against the ad valorem property taxes due in any given year.
(c) In addition to payments directly to the affected unit of local government, an affected
unit of local government may authorize a tax credit on anticipated ad valorem property taxes for
expenditures made by the developer to other persons so long as the expenditure is consistent with
the alleviation plan.
(4) (a) This chapter is designed to provide an additional mechanism for the alleviation of
impacts on units of local government and is not intended to discourage the use of other
mechanisms as may be available. [
(b) Nothing in this chapter [
property taxes or to make any other expenditure not otherwise required by law.
Section 155. Section 63A-9-801 is amended to read:
63A-9-801. State surplus property program -- Definitions -- Administration.
(1) As used in this section:
(a) "Agency" means:
(i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage
Control, Commerce, Community and [
Services, Health, Human Resource Management, Human Services, Insurance, Natural Resources,
Public Safety, and Transportation and the Labor Commission;
(ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime
Victim Reparations, Rehabilitation, and Treasurer;
(iii) the Public Service Commission and State Tax Commission;
(iv) the State Boards of Education, Pardons and Parole, and Regents;
(v) the Career Service Review Board;
(vi) other state agencies designated by the governor;
(vii) the legislative branch, the judicial branch, and the State Board of Regents; and
(viii) an institution of higher education, its president, and its board of trustees for
purposes of Section 63A-9-802 .
(b) "Division" means the Division of Fleet Operations.
(c) "Information technology equipment" means any equipment that is designed to
electronically manipulate, store, or transfer any form of data.
(d) "Inventory property" means property in the possession of the division that is available
for purchase by an agency or the public.
(e) "Judicial district" means the geographic districts established by Section 78-1-2.1 .
(f) (i) "Surplus property" means property purchased by, seized by, or donated to, an
agency that the agency wishes to dispose of.
(ii) "Surplus property" does not mean real property.
(g) "Transfer" means transfer of surplus property without cash consideration.
(2) (a) The division shall make rules establishing a state surplus property program that
meets the requirements of this chapter by following the procedures and requirements of Title 63,
Chapter 46a, Utah Administrative Rulemaking Act.
(b) Those rules shall include:
(i) a requirement prohibiting the transfer of surplus property from one agency to another
agency without written approval from the division;
(ii) procedures and requirements governing division administration requirements that an
agency must follow;
(iii) requirements governing purchase priorities;
(iv) requirements governing accounting, reimbursement, and payment procedures;
(v) procedures for collecting bad debts;
(vi) requirements and procedures for disposing of firearms;
(vii) the elements of the rates or other charges assessed by the division for services and
handling;
(viii) procedures governing the timing and location of public sales of inventory property;
and
(ix) procedures governing the transfer of information technology equipment by state
agencies directly to public schools.
(c) The division shall report all transfers of information technology equipment by state
agencies to public schools to the Utah Technology Commission and to the Legislative Interim
Education Committee at the end of each fiscal year.
(3) In creating and administering the program, the division shall:
(a) when conditions, inventory, and demand permit:
(i) establish facilities to store inventory property at geographically dispersed locations
throughout the state; and
(ii) hold public sales of property at geographically dispersed locations throughout the
state;
(b) establish, after consultation with the agency requesting the sale of surplus property,
the price at which the surplus property shall be sold; and
(c) transfer proceeds arising from the sale of state surplus property to the agency
requesting the sale in accordance with Title 63, Chapter 38, Budgetary Procedures Act, less an
amount established by the division by rule to pay the costs of administering the surplus property
program.
(4) Unless specifically exempted from this chapter by explicit reference to this chapter,
each state agency shall dispose of and acquire surplus property only by participating in the
division's program.
Section 156. Section 63B-5-201 is amended to read:
63B-5-201. Legislative intent statements.
(1) If the United [
to construct the National Guard Armory in Orem by December 31, 1997, the Division of
Facilities Construction and Management shall transfer any funds received from issuance of a
General Obligation Bond for benefit of the Orem Armory to the Provo Armory for capital
improvements.
(2) It is the intent of the Legislature that the University of Utah use institutional funds to
plan, design, and construct:
(a) the Health Science East parking structure under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated by
the director;
(b) the Health Science Office Building under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated by
the director; and
(c) the new Student Housing/Olympic Athletes Village under the supervision of the
director of the Division of Facilities Construction and Management unless supervisory authority
is delegated by the director.
(3) It is the intent of the Legislature that Utah State University use institutional funds to
plan, design, and construct a multipurpose facility under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated by
the director.
(4) It is the intent of the Legislature that the Utah Geologic Survey use agency internal
funding to plan, design, and construct a sample library facility under the supervision of the
director of the Division of Facilities Construction and Management unless supervisory authority
is delegated by the director.
(5) (a) If legislation introduced in the 1996 General Session to fund the Wasatch State
Park Club House does not pass, the State Building Ownership Authority, under authority of Title
[
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $1,500,000 for the remodel and expansion of the
clubhouse at Wasatch Mountain State Park for the Division of Parks and Recreation, together
with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the Division
of Parks and Recreation to seek out the most cost effective and prudent lease purchase plan
available.
(6) (a) The State Building Ownership Authority, under authority of Title [
Chapter [
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $835,300 for the construction of a liquor store in the
Snyderville area, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
Department of Alcoholic Beverage Control to seek out the most cost effective and prudent lease
purchase plan available.
(7) (a) The State Building Ownership Authority, under authority of Title [
Chapter [
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $15,000,000 for the construction of the Huntsman
Cancer Institute, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the University
of Utah to seek out the most cost effective and prudent lease purchase plan available.
(c) It is the intent of the Legislature that the University of Utah lease land to the State
Building Ownership Authority for the construction of the Huntsman Cancer Institute facility.
(8) (a) The State Building Ownership Authority, under authority of Title [
Chapter [
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $857,600 for the construction of an addition to the
Human Services facility in Vernal, Utah together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
Department of Human Services to seek out the most cost effective and prudent lease purchase
plan available.
(9) (a) The State Building Ownership Authority, under authority of Title [
Chapter [
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $3,470,200 for the construction of the Student Services
Center, at the College of Eastern Utah, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the College of
Eastern Utah to seek out the most cost effective and prudent lease purchase plan available.
(10) (a) Notwithstanding anything to the contrary in Title 53B, Chapter 21, Revenue
Bonds, which prohibits the issuance of revenue bonds payable from legislative appropriations,
the State Board of Regents, on behalf of Dixie College, may issue, sell, and deliver revenue
bonds or other evidences of indebtedness of Dixie College to borrow money on the credit of the
income and revenues, including legislative appropriations, of Dixie College, to finance the
acquisition of the Dixie Center.
(b) (i) The bonds or other evidences of indebtedness authorized by this section shall be
issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions
and in amounts that the board, by resolution, determines are reasonable and necessary and may
not exceed $6,000,000 together with additional amounts necessary to:
(A) pay cost of issuance;
(B) pay capitalized interest; and
(C) fund any debt service reserve requirements.
(ii) To the extent that future legislative appropriations will be required to provide for
payment of debt service in full, the board shall ensure that the revenue bonds are issued
containing a clause that provides for payment from future legislative appropriations that are
legally available for that purpose.
(11) (a) The State Building Ownership Authority, under authority of Title [
Chapter [
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $10,479,000 for the construction of a facility for the
Courts - Davis County Regional Expansion, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the Office of
the Court Administrator to seek out the most cost effective and prudent lease purchase plan
available.
(12) (a) The State Building Ownership Authority, under authority of Title [
Chapter [
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $4,200,000 for the purchase and remodel of the
Washington County Courthouse, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the Office of
the Court Administrator to seek out the most cost effective and prudent lease purchase plan
available.
(13) (a) The State Building Ownership Authority, under authority of Title [
Chapter [
obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $14,299,700 for the construction of a facility for the
State Library and the Division of Services for the Blind and Visually Impaired, together with
additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the Office of
Education and the [
Development to seek out the most cost effective and prudent lease purchase plan available.
Section 157. Section 63D-1a-203 is amended to read:
63D-1a-203. Utah Technology Industry Council.
(1) As used in this section:
(a) "Council" means the Utah Technology Industry Council created by this section.
(b) "Technology industry business in this state" means a business that has as a primary
function the research, development, production, or marketing of technologies in technology
sectors including:
(i) aerospace;
(ii) biotechnology or other technologies related to life sciences;
(iii) information technologies or other technologies related to information technologies;
or
(iv) other key technology industries sectors as the technology industries develop.
(2) (a) There is created a Utah Technology Industry Council to act as a body that
recommends policy to the commission.
(b) Subject to the requirements of this section, the council:
(i) shall be organized by the steering committee created under Subsection (3); and
(ii) operate in accordance with the charter that:
(A) is initially adopted by the steering committee in accordance with Subsection (4); and
(B) amended as provided in the charter.
(c) A member of the council shall receive no compensation or benefits for the member's
services including per diem or expenses incurred in the performance of the member's official
duties on the council.
(3) (a) The steering committee described in Subsection (2) shall consist of eight
members:
(i) the [
Economic Development or the [
senior officer in the [
(ii) seven members appointed as follows:
(A) the speaker of the House of Representatives shall appoint two members who are
present or former senior:
(I) officers of technology industry businesses in the state; or
(II) executive directors of technology industry associations in this state;
(B) the president of the Senate shall appoint two members who are present or former:
(I) senior officers of technology industry businesses in the state; or
(II) executive directors of technology industry associations in this state;
(C) the governor shall appoint two members who are present or former:
(I) senior officers in technology industry businesses in the state; or
(II) executive directors of technology industry associations in this state; and
(D) the chair of the steering committee shall appoint a representative of political
subdivisions of the state who is an elected official in any Utah municipality or county.
(b) (i) The members of the steering committee shall elect a chair of the steering
committee from the steering committee by a majority vote.
(ii) The chair of the steering committee shall act as chair of the council.
(c) (i) Except as required by Subsection (3)(c)(ii), a member of the steering committee
appointed under Subsection (3)(a)(ii) shall be appointed to a term of four years.
(ii) Notwithstanding the requirements of Subsection (3)(c)(i), at the time of initial
appointment of the steering committee, the members of the steering committee shall create a
random process to adjust the length of terms of the initial members of the steering committee to
ensure that the terms of members are staggered so that approximately half of the steering
committee is appointed every two years.
(d) The [
shall provide staff to:
(i) the steering committee; and
(ii) the council.
(4) The steering committee appointed under Subsection (3) shall adopt a charter for the
council by no later than July 1, 2003 that specifies:
(a) the number, terms, and appointment of voting members of the council, except that the
voting members of the council shall be:
(i) present or former senior officers of technology industry businesses in the state;
(ii) present or former executive directors of technology associations in the state; or
(iii) representatives of:
(A) state or local government; or
(B) public or higher education;
(b) the number, terms, and appointment of nonvoting members of the council;
(c) the term of the chair of the council;
(d) the process to be followed in creating any subcommittees of the council;
(e) the quorum requirements for the council or for subcommittees of the council to take
action;
(f) the processes to be followed to call a meeting of the council or a subcommittee of the
council, except that:
(i) any meeting of the council or a subcommittee of the council is subject to Title 52,
Chapter 4, Open and Public Meetings;
(ii) members of the commission shall be provided notice of each meeting of the council
or of a subcommittee of the council; and
(iii) legislative members of the commission that attend a meeting of the council or a
subcommittee of the council:
(A) may not vote unless the legislator is a member of the council or the subcommittee;
and
(B) may receive a salary and expenses paid in accordance with Section 36-2-2 and
Legislative Joint Rule 15.03; and
(g) the process for amending the charter under which the council operates.
(5) The council may:
(a) conduct research or other studies to the extent that funding is available;
(b) review practices in the worldwide private and public sectors that could foster
technology business growth in the state;
(c) prepare an assessment of the current status of technology industries in the state
including:
(i) the needs of technology industries in the state; and
(ii) opportunities for future growth of technology industries in the state;
(d) develop a strategic plan as to:
(i) the future of technology industries in the state;
(ii) the future economic value technology industries can bring to the state; and
(iii) the future benefits technology industries can bring to the quality of life of the
citizens in the state;
(e) develop plans, including public and private sector initiatives, to meet any objectives
included in the strategic plan statement described in Subsection (5)(d), including proposals to
support the creation, retention, expansion, or attraction of technology industry businesses in the
state; and
(f) study other issues as directed by the commission related to economic development of
technology industries.
Section 158. Section 67-19-6.7 is amended to read:
67-19-6.7. Overtime policies for state employees.
(1) As used in this section:
(a) "Accrued overtime hours" means:
(i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
of the fiscal year, have not been paid and have not been taken as time off by the nonexempt state
employee who accrued them; and
(ii) for exempt employees, overtime hours earned during an overtime year.
(b) "Agreement" means the agreement authorized by the FLSA by which a nonexempt
employee elects the form of compensation he will receive for overtime.
(c) "Appointed official" means:
(i) each department executive director and deputy director, each division director, and
each member of a board or commission; and
(ii) any other person employed by a department who is appointed by, or whose
appointment is required by law to be approved by, the governor and who:
(A) is paid a salary by the state [
(B) who exercises managerial, policy-making, or advisory responsibility.
(d) "Department" means the Department of Administrative Services, the Department of
Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage
Control, the Insurance Department, the Public Service Commission, the Labor Commission, the
Department of Agriculture and Food, the Department of Human Services, the State Board of
Education, the Department of Natural Resources, the Department of Transportation, the
Department of Commerce, the Department of Workforce Services, the State Tax Commission,
the Department of Community and [
the National Guard, the Department of Environmental Quality, the Department of Public Safety,
the Department of Human Resource Management, the Commission on Criminal and Juvenile
Justice, all merit employees except attorneys in the Office of the Attorney General, merit
employees in the Office of the State Treasurer, and merit employees in the Office of the State
Auditor.
(e) "Elected official" means any person who is an employee of the state [
because he was elected by the registered voters of Utah to a position in state government.
(f) "Exempt employee" means a state employee who is exempt as defined by the FLSA.
(g) "FLSA" means the Fair Labor Standards Act, 29 U.S.C. Section 201 et seq. (1978).
(h) "Human Resource Management" means the Department of Human Resource
Management.
(i) "Nonexempt employee" means a state employee who is nonexempt as defined by
Human Resource Management applying FLSA requirements.
(j) "Overtime" means actual time worked in excess of the employee's defined work
period.
(k) "Overtime year" means the year determined by a department under Subsection (4)(b)
at the end of which an exempt employee's accrued overtime lapses.
(l) (i) "State employee" means every person employed by a department who is not an
appointed official or an elected official.
(ii) "State employee" does not mean:
(A) certificated employees of the State Board of Education; and
(B) employees of the Department of Community and [
or the Governor's Office of Economic Development, whose positions are designated as schedule
AM exempt employees under Section 67-19-15 .
(m) "Uniform annual date" means the date when an exempt employee's accrued overtime
lapses.
(n) "Work period" means:
(i) for all nonexempt employees, except law enforcement and hospital employees, a
consecutive seven day 24 hour work period of 40 hours;
(ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
(iii) for nonexempt law enforcement and hospital employees, the period established by
each department by rule for those employees according to the requirements of the FLSA.
(2) Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(3) (a) Each department shall negotiate and obtain a signed agreement from each
nonexempt employee.
(b) In the agreement, the nonexempt employee shall elect either to be compensated for
overtime by:
(i) taking time off work at the rate of one and one-half hour off for each overtime hour
worked; or
(ii) being paid for the overtime worked at the rate of one and one-half times the rate per
hour that the state employee receives for nonovertime work.
(c) Any nonexempt employee who elects to take time off under this Subsection (3) shall
be paid for any overtime worked in excess of the cap established by Human Resource
Management.
(d) Before working any overtime, each nonexempt employee shall obtain authorization to
work overtime from the employee's immediate supervisor.
(e) Each department shall:
(i) for employees who elect to be compensated with time off for overtime, allow
overtime earned during a fiscal year to be accumulated; and
(ii) for employees who elect to be paid for overtime worked, pay them for overtime
worked in the paycheck for the pay period in which the employee worked the overtime.
(f) If the department pays a nonexempt employee for overtime, the department shall
charge that payment to the department's budget.
(g) At the end of each fiscal year, the Division of Finance shall total all the accrued
overtime hours for nonexempt employees and charge that total against the appropriate fund or
subfund.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall compensate
exempt employees who work overtime by granting them time off at the rate of one hour off for
each hour of overtime worked.
(ii) The director of Human Resource Management may grant limited exceptions to this
requirement, where work circumstances dictate, by authorizing a department to pay employees
for overtime worked at the rate per hour that the employee receives for nonovertime work, if the
department has funds available.
(b) (i) Each department shall:
(A) establish in its written personnel policies a uniform annual date for each division that
is at the end of any pay period; and
(B) communicate the uniform annual date to its employees.
(ii) If any department fails to establish a uniform annual date as required by this
Subsection (4), the director of Human Resource Management, in conjunction with the director of
the Division of Finance, shall establish the date for that department.
(c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
benefit, and is not a vested right.
(ii) A court may not construe the overtime for exempt employees authorized by this
Subsection (4) as an entitlement, a benefit, or as a vested right.
(d) At the end of the overtime year, upon transfer to another department at any time, and
upon termination, retirement, or other situations where the employee will not return to work
before the end of the overtime year:
(i) any of an exempt employee's overtime that is more than the maximum established by
Human Resource Management rule lapses; and
(ii) unless authorized by the director of Human Resource Management under Subsection
(4)(a)(ii), a department may not compensate the exempt employee for that lapsed overtime by
paying the employee for the overtime or by granting the employee time off for the lapsed
overtime.
(e) Before working any overtime, each exempt employee shall obtain authorization to
work overtime from their immediate supervisor.
(f) If the department pays an exempt employee for overtime under authorization from the
director of the Department of Human Resource Management, the department shall charge that
payment to the department's budget in the pay period earned.
(5) Human Resource Management shall:
(a) ensure that the provisions of the FLSA and this section are implemented throughout
state government;
(b) determine, for each state employee, whether that employee is exempt, nonexempt,
law enforcement, or has some other status under the FLSA;
(c) in coordination with modifications to the systems operated by the Division of
Finance, make rules:
(i) establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii) establishing requirements governing overtime worked while traveling and procedures
for recording that overtime that comply with FLSA requirements;
(iii) establishing requirements governing overtime worked if the employee is "on call"
and procedures for recording that overtime that comply with FLSA requirements;
(iv) establishing requirements governing overtime worked while an employee is being
trained and procedures for recording that overtime that comply with FLSA requirements;
(v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
employee may accrue before a department is required to pay the employee for the overtime
worked;
(vi) subject to the FLSA, establishing the maximum number of overtime hours for an
exempt employee that do not lapse; and
(vii) establishing procedures for adjudicating appeals of any FLSA determinations made
by Human Resource Management as required by this section;
(d) monitor departments for compliance with the FLSA; and
(e) recommend to the Legislature and the governor any statutory changes necessary
because of federal government action.
(6) In coordination with the procedures for recording overtime worked established in rule
by Human Resource Management, the Division of Finance shall modify its payroll and personnel
systems to accommodate those procedures.
(a) Notwithstanding the procedures and requirements of Title 63, Chapter 46b,
Administrative Procedures Act, Section 67-19-31 , and Section 67-19a-301 , any employee who is
aggrieved by the FLSA designation made by Human Resource Management as required by this
section may appeal that determination to the executive director of Human Resource Management
by following the procedures and requirements established in Human Resource Management rule.
(b) Upon receipt of an appeal under this section, the director shall notify the executive
director of the employee's department that the appeal has been filed.
(c) If the employee is aggrieved by the decision of the executive director of Human
Resource Management, he shall appeal that determination to the Department of Labor, Wage and
Hour Division, according to the procedures and requirements of federal law.
Section 159. Section 67-19-12 is amended to read:
67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of
director.
(1) (a) This section, and the rules adopted by the department to implement this section,
apply to each career and noncareer state employee not specifically exempted under Subsection
(2).
(b) If not exempted under Subsection (2), a state employee is considered to be in
classified service.
(2) The following state employees are exempt from this section:
(a) members of the Legislature and legislative employees;
(b) members of the judiciary and judicial employees;
(c) elected members of the executive branch and their direct staff who meet career
service exempt criteria as defined in Subsection 67-19-15 (1)(k);
(d) certificated employees of the State Board of Education;
(e) officers, faculty, and other employees of state institutions of higher education;
(f) employees in any position that is determined by statute to be exempt from this
Subsection (2);
(g) attorneys in the Office of the Attorney General;
(h) department heads and other persons appointed by the governor pursuant to statute;
(i) employees of the Department of Community and [
whose positions are designated as executive/professional positions by the executive director of
the Department of Community and [
director; [
(j) employees of the Governor's Office of Economic Development whose positions are
designated as executive/professional positions by the director of the office; and
[
(3) (a) The director shall prepare, maintain, and revise a position classification plan for
each employee position not exempted under Subsection (2) to provide equal pay for equal work.
(b) Classification of positions shall be based upon similarity of duties performed and
responsibilities assumed, so that the same job requirements and the same salary range may be
applied equitably to each position in the same class.
(c) The director shall allocate or reallocate the position of each employee in classified
service to one of the classes in the classification plan.
(d) (i) The department shall conduct periodic studies and desk audits to provide that the
classification plan remains reasonably current and reflects the duties and responsibilities assigned
to and performed by employees.
(ii) The director shall determine the schedule for studies and desk audits after
considering factors such as changes in duties and responsibilities of positions or agency
reorganizations.
(4) (a) With the approval of the governor, the director shall develop and adopt pay plans
for each position in classified service.
(b) The director shall design each pay plan to achieve, to the degree that funds permit,
comparability of state salary ranges to salary ranges used by private enterprise and other public
employment for similar work.
(c) The director shall adhere to the following in developing each pay plan:
(i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
differential among the various classes of positions in the classification plan.
(ii) The director shall assign each class of positions in the classification plan to a salary
range and shall set the width of the salary range to reflect the normal growth and productivity
potential of employees in that class. The width of the ranges need not be uniform for all classes
of positions in the plan, but each range shall contain merit steps in increments of 2.75% salary
increases.
(iii) The director shall issue rules for the administration of pay plans. The rules may
provide for exceptional performance increases and for a program of incentive awards for
cost-saving suggestions and other commendable acts of employees. The director shall issue rules
providing for salary adjustments.
(iv) Merit step increases shall be granted, if funds are available, to employees who
receive a rating of "successful" or higher in an annual evaluation of their productivity and
performance.
(v) By October 15 of each year, the director shall submit market comparability
adjustments to the director of the Governor's Office of Planning and Budget for consideration to
be included as part of the affected agency's base budgets.
(vi) By October 31 of each year, the director shall recommend a compensation package
to the governor.
(vii) Adjustments shall incorporate the results of a total compensation market survey of
salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
private and public employment in the state. The survey may also study comparable unusual
positions requiring recruitment outside Utah in the surrounding western states. The director may
cooperate with other public and private employers in conducting the survey.
(viii) The director shall establish criteria to assure the adequacy and accuracy of the
survey and shall use methods and techniques similar to and consistent with those used in private
sector surveys. Except as provided under Section 67-19-12.3 , the survey shall include a
reasonable cross section of employers. The director may cooperate with or participate in any
survey conducted by other public and private employers.
(ix) The establishing of a salary range is a nondelegable activity subject to Subsection
67-19-8 (1) and is not appealable under the grievance procedures of Sections 67-19-30 through
67-19-32 , Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.
(x) The governor shall:
(A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
the executive budget and shall recommend the method of distributing the adjustments;
(B) submit compensation recommendations to the Legislature; and
(C) support the recommendation with schedules indicating the cost to individual
departments and the source of funds.
(xi) If funding is approved by the Legislature in a general appropriations act, the
adjustments take effect on the July 1 following the enactment.
(5) (a) The director shall regularly evaluate the total compensation program of state
employees in the classified service.
(b) The department shall determine if employee benefits are comparable to those offered
by other private and public employers using information from:
(i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
Chamber of Commerce Research Center; or
(ii) the most recent edition of a nationally recognized benefits survey.
(6) (a) The director shall submit proposals for a state employee compensation plan to the
governor by October 31 of each year, setting forth findings and recommendations affecting state
employee compensation.
(b) The governor shall consider the director's proposals in preparing budget
recommendations for the Legislature.
(c) The governor's budget proposals to the Legislature shall include a specific
recommendation on state employee compensation.
Section 160. Section 67-19-15 is amended to read:
67-19-15. Career service -- Exempt positions -- Schedules for civil service positions
-- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter:
(a) the governor, members of the Legislature, and all other elected state officers,
designated as Schedule AA;
(b) the agency heads enumerated in Section 67-22-2 , and commissioners designated as
Schedule AB;
(c) all employees and officers in the office and at the residence of the governor,
designated as Schedule AC;
(d) employees who are in a confidential relationship to an agency head or commissioner
and who report directly to, and are supervised by, a department head, commissioner, or deputy
director of an agency or its equivalent, designated as Schedule AD;
(e) unskilled employees in positions requiring little or no specialized skill or training,
designated as Schedule AE;
(f) part-time professional noncareer persons who are paid for any form of medical and
other professional service and who are not engaged in the performance of administrative duties,
designated as Schedule AF;
(g) attorneys in the attorney general's office who are under their own career service pay
plan, designated as Schedule AG;
(h) teaching staff of all state institutions and patients and inmates employed in state
institutions, designated as Schedule AH;
(i) persons appointed to a position vacated by an employee who has a right to return
under federal or state law or policy, designated as Schedule AI;
(j) noncareer employees compensated for their services on a seasonal or contractual basis
who are hired for limited periods of less than nine consecutive months or who are employed on
less than 1/2 time basis, designated as Schedule AJ;
(k) those employees in a personal and confidential relationship to elected officials,
designated as Schedule AK;
(l) employees appointed to perform work of a limited duration not exceeding two years
or to perform work with time-limited funding, designated as Schedule AL;
(m) employees of the Department of Community and [
whose positions are designated as executive/professional positions by the executive director of
the Department of Community and [
director, and employees of the Governor's Office of Economic Development whose positions are
designated as executive/professional positions by the director of the office, designated as
Schedule AM;
(n) employees of the Legislature, designated as Schedule AN;
(o) employees of the judiciary, designated as Schedule AO;
(p) all judges in the judiciary, designated as Schedule AP;
(q) members of state and local boards and councils appointed by the governor and
governing bodies of agencies, other local officials serving in an ex officio capacity, officers,
faculty, and other employees of state universities and other state institutions of higher education,
designated as Schedule AQ;
(r) employees who make statewide policy, designated as Schedule AR; and
(s) any other employee whose appointment is required by statute to be career service
exempt, designated as Schedule AS.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions exempted by Subsection (1).
(ii) Removal from any appointive position under Schedule A, unless otherwise regulated
by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of all positions
filled through competitive selection procedures as defined by the director.
(3) (a) The director, after consultation with the heads of concerned executive branch
departments and agencies and with the approval of the governor, shall allocate positions to the
appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the director before
changing the schedule assignment and tenure rights of any position.
(c) Unless the director's decision is reversed by the governor, when the director denies an
agency's request, the director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 36-12-7 .
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 78-3-24 .
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapters 1,
Governance, Powers, Rights and Responsibilities, and 2, Institutions of Higher Education.
(d) Unless otherwise provided by law, compensation for all other Schedule A employees
shall be established by their appointing authorities, within ranges approved by, and after
consultation with the director of the Department of Human Resources.
(5) All employees of the Office of State Auditor, the Office of State Treasurer, the Office
of the Attorney General, excluding attorneys who are under their own career service system, and
employees who are not exempt under this section are covered by the career service provisions of
this chapter.
Section 161. Section 67-19c-101 is amended to read:
67-19c-101. Department award program.
(1) As used in this section:
(a) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Department of Alcoholic Beverage Control, the Department of
Commerce, the Department of Community and [
Department of Corrections, the Department of Workforce Services, the Department of
Environmental Quality, the Department of Financial Institutions, the Department of Health, the
Department of Human Resource Management, the Department of Human Services, the Insurance
Department, the National Guard, the Department of Natural Resources, the Department of Public
Safety, the Public Service Commission, the Labor Commission, the State Board of Education,
the State Board of Regents, the State Tax Commission, and the Department of Transportation.
(b) "Department head" means the individual or body of individuals in whom the ultimate
legal authority of the department is vested by law.
(2) There is created a department awards program to award an outstanding employee in
each department of state government.
(3) (a) By April 1 of each year, each department head shall solicit nominations for
outstanding employee of the year for his department from the employees in his department.
(b) By July 1 of each year, the department head shall:
(i) select a person from the department to receive the outstanding employee of the year
award using the criteria established in Subsection (3)(c); and
(ii) announce the recipient of the award to his employees.
(c) Department heads shall make the award to a person who demonstrates:
(i) extraordinary competence in performing his function;
(ii) creativity in identifying problems and devising workable, cost-effective solutions to
them;
(iii) excellent relationships with the public and other employees;
(iv) a commitment to serving the public as the client; and
(v) a commitment to economy and efficiency in government.
(4) (a) The Department of Human Resource Management shall divide any appropriation
for outstanding department employee awards that it receives from the Legislature equally among
the departments.
(b) If the department receives monies from the Department of Human Resource
Management or if the department budget allows, the department head shall provide the employee
with a bonus, a plaque, or some other suitable acknowledgement of the award.
(5) (a) The department head may name the award after an exemplary present or former
employee of the department.
(b) A department head may not name the award for himself or for any relative as defined
in Section 52-3-1 .
(c) Any awards or award programs existing in any department as of May 3, 1993, shall
be modified to conform to the requirements of this section.
Section 162. Section 67-22-2 is amended to read:
67-22-2. Compensation -- Other state officers.
(1) The governor shall establish salaries for the following state officers within the
following salary ranges fixed by the Legislature:
State Officer Salary Range
Commissioner of Agriculture and Food $65,200 - $88,400
Commissioner of Insurance $65,200 - $88,400
Commissioner of the Labor Commission $65,200 - $88,400
Director, Alcoholic Beverage Control
Commission $65,200 - $88,400
Commissioner, Department of
Financial Institutions $65,200 - $88,400
Members, Board of Pardons and Parole $65,200 - $88,400
Executive Director, Department
of Commerce $65,200 - $88,400
Executive Director, Commission on
Criminal and Juvenile Justice $65,200 - $88,400
Adjutant General $65,200 - $88,400
Chair, Tax Commission $70,600 - $95,200
Commissioners, Tax Commission $70,600 - $95,200
Executive Director, Department of
Community and [
[
Executive Director, Tax Commission $70,600 - $95,200
Chair, Public Service Commission $70,600 - $95,200
Commissioners, Public Service
Commission $70,600 - $95,200
Executive Director, Department
of Corrections $76,800 - $103,600
Commissioner, Department of Public Safety $76,800 - $103,600
Executive Director, Department of
Natural Resources $76,800 - $103,600
Director, Governor's Office of Planning
and Budget $76,800 - $103,600
Executive Director, Department of
Administrative Services $76,800 - $103,600
Executive Director, Department of
Human Resource Management $76,800 - $103,600
Executive Director, Department of
Environmental Quality $76,800 - $103,600
Executive Director, Department of
Workforce Services $83,600 - $112,900
Executive Director, Department of
Health $83,600 - $112,900
Executive Director, Department
of Human Services $83,600 - $112,900
Executive Director, Department
of Transportation $83,600 - $112,900
Chief Information Officer $83,600 - $112,900
Director, Governor's Office
of Economic Development $76,800 - $103,600
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered by
the State Retirement Office in accordance with the Internal Revenue Code and its accompanying
rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same sick leave, converted sick leave, educational allowances, and holidays
granted to Schedule B state employees, and the same annual leave granted to Schedule B state
employees with more than ten years of state service;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(3) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the Commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the Adjutant General a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
(4) (a) The governor has the discretion to establish a specific salary for each office listed
in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
by the Legislature.
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the performance of
the state officers listed in Subsection (1).
(5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
Act, shall be established as provided in Section 67-19-15 .
Section 163. Section 72-1-209 is amended to read:
72-1-209. Department to cooperate in programs relating to scenic centers.
The department shall cooperate in planning and promoting road-building programs into
the scenic centers of the state and in providing camping grounds and facilities in scenic centers
for tourists with:
(1) the [
[
[
[
[
[
Section 164. Section 72-4-302 is amended to read:
72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
Meetings -- Expenses.
(1) There is created the Utah State Scenic Byway Committee.
(2) The committee shall consist of the following members:
(a) a representative from each of the following [
respective [
(i) the [
(ii) the Utah Department of Transportation;
(iii) the Utah Association of Governments;
(iv) the Division of State Parks and Recreation;
(v) the Federal Highway Administration;
(vi) the National Park Service;
(vii) the National Forest Service;
(viii) the Bureau of Land Management; and
(ix) the Utah Travel Regions Association;
(b) two local government tourism representatives selected by the state [
identified in Subsection (2)(a); and
(c) a representative from the private sector selected by the state [
identified in Subsection (2)(a).
(3) (a) The representative from the [
Development shall chair the committee.
(b) The members appointed under Subsections (2)(a)(v), (vi), (vii), and (viii) serve as
nonvoting, ex officio members of the committee.
(4) The [
department shall provide staff support to the committee.
(5) (a) The chair may call a meeting of the committee only with the concurrence of the
department.
(b) A majority of the voting members of the committee constitute a quorum.
(c) Action by a majority vote of a quorum of the committee constitutes action by the
committee.
(6) (a) (i) Members who are not state government employees shall receive no
compensation or benefits for their services, but may receive per diem and expenses incurred in
the performance of the member's official duties at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 165. Section 72-7-504 is amended to read:
72-7-504. Advertising prohibited near interstate or primary system -- Exceptions --
Logo advertising -- Department rules.
(1) Outdoor advertising that is capable of being read or comprehended from any place on
the main-traveled way of an interstate or primary system may not be erected or maintained,
except:
(a) directional and other official signs and notices authorized or required by law,
including signs and notices pertaining to natural wonders and scenic and historic attractions,
informational or directional signs regarding utility service, emergency telephone signs, buried or
underground utility markers, and above ground utility closure signs;
(b) signs advertising the sale or lease of property upon which they are located;
(c) signs advertising activities conducted on the property where they are located,
including signs on the premises of a public assembly facility as provided in Section 72-7-504.5 ;
(d) signs located in a commercial or industrial zone;
(e) signs located in unzoned industrial or commercial areas as determined from actual
land uses; and
(f) logo advertising under Subsection (2).
(2) (a) The department may itself or by contract erect, administer, and maintain
informational signs on the main-traveled way of an interstate or primary system for the display of
logo advertising and information of interest to the traveling public if:
(i) the department complies with Title 63, Chapter 56, Utah Procurement Code, in the
lease or other contract agreement with a private party for the sign or sign space; and
(ii) the private party for the lease of the sign or sign space pays an amount set by the
department to be paid to the department or the party under contract with the department under
this Subsection (2).
(b) The amount shall be sufficient to cover the costs of erecting, administering, and
maintaining the signs or sign spaces.
(c) The department may consult the [
Development in carrying out this Subsection (2).
(3) (a) Revenue generated under Subsection (2) shall be:
(i) applied first to cover department costs under Subsection (2); and
(ii) deposited in the Transportation Fund.
(b) Revenue in excess of costs under Subsection (2)(a) shall be deposited in the General
Fund as a dedicated credit for use by the [
Development no later than the following fiscal year.
(4) Outdoor advertising under Subsections (1)(a), (d), (e), and (f) shall conform to the
rules made by the department under Sections 72-7-506 and 72-7-507 .
Section 166. Section 73-10c-3 is amended to read:
73-10c-3. Water Development Coordinating Council created -- Purpose --
Members.
(1) (a) There is created within the Department of Natural Resources a Water
Development Coordinating Council. The council comprises:
(i) the director of the Division of Water Resources;
(ii) the executive secretary of the Water Quality Board;
(iii) the executive secretary of the Drinking Water Board;
(iv) the executive director of the Department of Community and [
(v) the state treasurer or [
(b) The council shall choose a chair and vice chair from among its own members.
(c) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the council at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(2) The purposes of the council are to:
(a) coordinate the use and application of the funds available to the state to give financial
assistance to political subdivisions of this state so as to promote the conservation, development,
treatment, restoration, and protection of the waters of this state;
(b) promote the coordination of the financial assistance programs administered by the
state and the use of the financing alternative most economically advantageous to the state and its
political subdivisions;
(c) promote the consideration by the Board of Water Resources, Drinking Water Board,
and Water Quality Board of regional solutions to the water and wastewater needs of individual
political subdivisions of this state; and
(d) assess the adequacy and needs of the state and its political subdivisions with respect
to water-related infrastructures and advise the governor and the Legislature on those funding
needs.
Section 167. Repealer.
This bill repeals:
Section 9-2-206, Director of division.
Section 9-2-801, Short title.
Section 9-2-809, State's share in moneys from technology and applications.
Section 9-2-1501, Title -- Purpose.
Section 9-2-1502, Definitions.
Section 9-2-1503, Community Economic Development Project Fund created --
Administration.
Section 9-2-1504, Distribution of fund moneys.
Section 9-2-1505, Entities authorized to receive fund moneys.
Section 9-2-1506, Application process and priorities.
Section 9-2-1507, Annual accounting.
Section 9-2-1705, Creation of Tourism Marketing Performance Fund Committee --
Members -- Appointment -- Qualifications --Terms -- Quorum -- Per diem and expenses --
Staff.
Section 9-2-1706, Duties of Tourism Marketing Performance Fund Committee.
Section 9-3-205, Director of division.
Section 9-3-208, Offices in Salt Lake City.
Section 168. Study on the implementation of the restructuring of the Department of
Community and Economic Development.
(1) The Legislature's Workforce Services and Community and Economic Development
Interim Committee shall monitor and study the implementation and consequences of the
restructuring of the Department of Community and Economic Development into the Governor's
Office of Economic Development and the Department of Community and Culture as required in
this H.B. 318.
(2) The committee shall conduct its study to determine what modifications, if any, may
be needed in the office, or the department, or both to further enhance the state's economic
development and community and culture programs and policies.
(3) The committee shall complete the study required by Subsection (1) and present its
findings, including any proposed legislation, to the Legislative Management Committee by
November 30, 2005.
Section 169. Legislative audits required.
(1) Beginning July 1, 2005, the Legislative Auditor General shall:
(a) conduct a limited scope audit of the management and financial controls of the
Governor's Office of Economic Development; and
(b) report its findings and recommendations to the Legislature's Interim Executive
Appropriations Committee by December 22, 2005.
(2) Beginning March 15, 2006, the Legislative Auditor General shall:
(a) conduct a performance audit of the Governor's Office of Economic Development to
evaluate the programs and expenditures of the office; and
(b) report its findings and recommendations to the Legislature's Interim Executive
Appropriations Committee by December 22, 2006.
Section 170. Effective date.
This bill takes effect on July 1, 2005.
Section 171. Coordinating H.B. 318 with H.B. 1.
If this H.B. 318 and H.B. 1, Annual Appropriations Act, both pass, it is the intent of the
Legislature that the Division of Finance:
(1) reallocate any appropriations contained in the line items entitled "Department of
Community and Economic Development - Business and Travel Development" and "Department
of Community and Economic Development - Incentive Funds" to the newly created Governor's
Office of Economic Development; and
(2) reallocate any appropriations contained in the remaining line items listed under the
heading "Department of Community and Economic Development" to the Department of
Community and Culture.
Section 172. Coordinating H.B. 318 with H.B. 11.
If this H.B.318 and H.B.11, Economic Development Incentives, both pass, it is the intent
of the Legislature that the Office of Legislative Research and General Counsel, in preparing the
Utah Code database for publication, shall make the following changes:
(1) Part 22 in H.B.11 shall be renumbered as Part 17 in Title 63, Chapter 38f, with
Sections 9-2-2201 , 9-2-2202 , 9-2-2203 , 9-2-2204 , 9-2-2205 , 9-2-2206 , and 9-2-2207 being
renumbered to 63-38f-1701 , 63-38f-1702 , 63-38f-1703 , 63-38f-1704 , 63-38f-1705 , 63-38f-1706 ,
and 63-38f-1707 respectively.
(2) The following subsections in Section 63-38f-1309 shall read as follows:
"(2) The account shall be used to make payments as required under [
Sections 63-38f-1306 and 63-38f-1705 ."
"(3) (a) The Division of Finance shall transfer from the General Fund the amount
estimated by the [
as allowed in [
"(4) Notwithstanding Subsections 51-5-3(23)(b) and 63-38-9(4)(c), after receiving
request for payment, in accordance with Subsection [
63-38f-1705 (2), the Division of Finance shall pay the partial rebates as allowed in Section
[
"(5) (b) The [
(5)(a)(i) and (ii) within 30 days of the signing of each new agreement entered into under this part
or Part 17, Economic Development Incentives Act."
(3) Renumbered Section 63-38f-1703 shall read as follows:
" 63-38f-1703. Definitions.
As used in this part:
(1) "Development zone" means an economic development zone created under Section
63-38f-1704 .
(2) "High paying jobs" means the annual wages of employment positions that compare
favorably against the median wage of a community in which the jobs will exist.
(3) "Local incentives" means financial and other assistance provided by local taxing
authorities within a development zone, which may include:
(a) partial rebates of new local revenues; and
(b) other sources of funds under authority of state law or local ordinances, or both state
law and local ordinances.
(4) "New incremental jobs" means jobs that are:
(a) not shifted from one jurisdiction in the state to another jurisdiction in the state; and
(b) created in addition to the baseline count of jobs already in existence within a
company or employed by an individual.
(5) "New local revenues" mean incremental new local tax revenues that are generated as
a result of new economic commercial projects in a development zone, to include the local
government's portion of sales taxes, property taxes, impact fees, and other taxes or fees, or both
taxes and fees, derived from the projects, together with indirect local government revenues
generated by the projects, but not to include any portion of sales taxes earmarked for state
government or other taxing jurisdictions eligible for sales tax revenues.
(6) "New state revenues" means incremental new state tax revenues that are generated as
a result of new economic commercial projects in a development zone, to include the state's
portion of sales taxes, and company and employee income taxes derived from the projects,
together with indirect state revenues generated by the projects, but not to include any portion of
sales taxes earmarked for local governments or other taxing jurisdictions eligible for sales tax
revenues.
(7) "Office" means the Governor's Office of Economic Development.
(8) "Partial rebates" means returning a portion of the new local revenues and new state
revenues generated by new commercial projects to companies or individuals that have created
new economic growth within a development zone."
(4) Renumbered Section 63-38f-1704 shall read as follows:
" 63-38f-1704. Creation of economic development zones -- Incentives.
(1) The office, with advice from the board, may create an economic development zone in
the state that satisfies all of the following requirements:
(a) the area is zoned commercial, industrial, manufacturing, business park, research park,
or other appropriate use in a community approved master plan; and
(b) the request to create a development zone has been forwarded to the office after first
being approved by an appropriate local government entity that has committed or will commit to
provide local incentives.
(2) (a) The office, with advice from the board, may enter into agreements providing for
partial rebates of new state revenues generated by new commercial projects to companies or
individuals that create new economic growth within a development zone under the same
restrictions and limitations as provided in Section 63-38f-1304 .
(b) The limitations and restrictions applied to partial rebates of new state revenues in
Section 63-38f-1304 also apply to partial rebates of new local revenues under this part."
(5) Renumbered Section 63-38f-1705 shall read as follows:
" 63-38f-1705. Qualifications for rebates -- Payment procedure.
"(1) The office shall set standards to qualify for partial rebates under this part, subject to
the following:
(a) the qualification criteria established in Subsections 63-38f-1305 (1), (2), (3), (4), and
(6); and
(b) only projects that include significant capital investment, the creation of high paying
jobs, or significant purchases from Utah vendors and providers, or any combination of these three
economic factors are eligible for partial rebates.
(2) A payment of partial rebates of new state revenues shall be made in accordance with
procedures adopted by the office, with advice from the board, to include the payment procedures
described in Section 63-38f-1306 as applied to partial rebates authorized under this part."
(6) Renumbered Section 63-38f-1706 shall read as follows:
" 63-38f-1706. Office's authority -- Report to Legislature.
(1) The office, with advice from the board, and within the limitations of this part, may
determine:
(a) the structure and amount of any partial rebates offered under this part;
(b) the economic impacts and job creation necessary to qualify for the incentive; and
(c) the other terms and conditions of an agreement entered into under this part.
(2) In reviewing clams for partial rebates of new state revenues, the office may accept the
same type of information and evidence allowed under Subsections 63-38f-1307 (2)(a) and (b).
(3) (a) The office shall make a report to the Legislature's Workforce Services and
Community and Economic Development Interim committee on:
(i) the success of attracting new commercial projects to development zones under this
part and the corresponding increase in new incremental jobs;
(ii) the period of time over which partial rebates of new state revenues shall be granted
under this part; and
(iii) the economic impact on the state related to generating new state revenues and
rebating a portion of those revenues under this part.
(b) The office shall make the report prior to the 2006 General Session of the Legislature
to enable the committee to determine whether this part should be modified during the 2006
General Session."
(7) Renumbered Section 63-38f-1707 shall read as follows:
" 63-38f-1707. Coordination with the Industrial Assistance Fund.
Projects that qualify for partial rebates on new state revenues under this part and enter
into agreements with the office under this part are ineligible to qualify for additional financial
assistance for the Industrial Assistance Fund under Section 63-38f-904 ."
Section 173. Coordinating H.B. 318 with H.B. 17.
If this H.B. 318 and H.B. 17, Motion Picture Incentive Fund, both pass, it is the intent of
the Legislature that the Office of Legislative Research and General Counsel, in preparing the
Utah Code database for publication, shall make the following changes:
(1) Part 21 in H.B. 17 shall be renumbered in Title 63, Chapter 38f, to be consistent with
the renumbering done in H.B. 318 to include the renumbering of sections within the part and
references to renumbered sections within the part.
(2) In Section 9-2-2102 the terms "executive director" shall be replaced with "director"
and "Department of Community and Economic Development" be replaced with "Governor's
Office of Economic Development" and the statutory cite shall be made consistent with the
renumbering of the part to Title 63, Chapter 38f.
(3) Subsections 9-2-2103 (2)(a) and (b) shall read:
"(2) (a) The fund shall be administered by the administrator with advice from the board.
(b) The administrator, with advice from the board, shall approve fund policies and
qualification criteria to receive an incentive award consistent with the provisions of this part."
(4) Subsections 9-2-2104 (2)(a) and (2)(b) shall read:
"(2) (a) The administrator has authority to determine the structure, amount, and nature of
the incentive given to a motion picture company, subject to the limitations and considerations set
out in Subsections (3) and (4).
(b) A financial incentive shall be paid to a motion picture company from the fund only
after the administrator has determined with advice from the board that the motion picture
company has satisfied the conditions upon which the incentive is to be given."
Section 174. Coordinating H.B. 318 with H.B. 224.
If this H.B. 318 and H.B. 224, Permanent Community Impact Fund - Board Membership,
both pass, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel, in preparing the database for publication, shall modify Subsection 9-4-304(1)(j) enacted
in H.B. 224 to read: "(j) a locally elected official from each of the two counties that produced the
most mineral lease monies during the previous four-year period, prior to the term of appointment,
as determined by the Department of Community and Culture."
Section 175. Coordinating H.B. 318 with H.B. 301.
If this H.B. 318 and H.B. 301, Supplemental Appropriations Act III, both pass, it is the
intent of the Legislature that the Division of Finance:
(1) reallocate any appropriations contained in the line items entitled "Department of
Community and Economic Development - Business and Travel Development" and "Department
of Community and Economic Development - Incentive Funds" to the newly created Governor's
Office of Economic Development; and
(2) reallocate any appropriations contained in the remaining line items listed under the
heading "Department of Community and Economic Development" to the Department of
Community and Culture.
Section 176. Coordinating H.B. 318 with S.B. 1.
If this H.B. 318 and S.B. 1, Supplemental Appropriations Act, both pass, it is the intent of
the Legislature that the Division of Finance:
(1) reallocate any appropriations contained in the line items entitled "Department of
Community and Economic Development - Business and Travel Development" and "Department
of Community and Economic Development - Incentive Funds" to the newly created Governor's
Office of Economic Development; and
(2) reallocate any appropriations contained in the remaining line items listed under the
heading "Department of Community and Economic Development" to the Department of
Community and Culture.
Section 177. Coordinating H.B. 318 with S.B. 3.
If this H.B. 318 and S.B. 3, Supplemental Appropriations Act II, both pass, it is the intent
of the Legislature that the Division of Finance:
(1) reallocate any appropriations contained in the line items entitled "Department of
Community and Economic Development - Business and Travel Development" and "Department
of Community and Economic Development - Incentive Funds" to the newly created Governor's
Office of Economic Development; and
(2) reallocate any appropriations contained in the remaining line items listed under the
heading "Department of Community and Economic Development" to the Department of
Community and Culture.
Section 178. Coordinating H.B. 318 with S.B. 57.
If this H.B. 318 and S.B. 57, Use of State Sales and Use Tax Revenues for Business
Development in Disadvantaged Rural Communities, both pass, it is the intent of the Legislature
that the Office of Legislative Research and General Counsel, in preparing the Utah Code
database for publication, shall make the following changes:
(1) Part 21 in S.B. 57 shall be renumbered in Title 63, Chapter 38f to be consistent with
the renumbering done in H.B.318, to include the renumbering of sections within the part and
references to renumbered sections within the part.
(2) In Section 9-2-2102 , the references to "Section 9-2-202 " shall be changed to Section
63-38f-301 .
(3) (a) Subsection 9-2-2104 (1)(c) shall read: "(c) If the board awards a loan to an
eligible county in accordance with this section, the loan shall be subject to interest as provided by
the procedures and methods referred to in Subsection (6).
(b) Subsection 9-2-2104 (2)(b)(v) shall read:
"(v) establish that the community within which the project area is located is a
disadvantaged community on the basis of one or more of the following factors:
(A) median income per capita within the community;
(B) median property tax revenues generated within the community;
(C) median sales and use tax revenues generated within the community; or
(D) unemployment rates within the community;".
(c) Subsection 9-2-2104 (4)(c)(iii) shall read: "(iii) in accordance with procedures
established for prioritizing which projects may be awarded a grant or loan by the board under this
section;"; and Subsections (4)(c)(iii)(A) and (B) shall be deleted.
(d) In Subsections 9-2-2104 (4)(c)(ii) and 9-2-2104 (4)(d), the term "executive director"
shall be replaced with "director".
(e) In Subsection 9-2-2104 (5)(b), an "or" shall be inserted at the end of Subsection (iii),
the "or" deleted at the end of Subsection (iv), and Subsection (v) deleted in its entirety.
(f) Subsection 9-2-2104 (6) shall read:
"(6) The office shall establish procedures:
(a) for prioritizing which projects may be awarded a grant or loan by the board under this
section; and
(b) for loans awarded in accordance with this section:
(i) the methods of calculating interest applicable to the loans; and
(ii) procedures for:
(A) applying interest to the loans; and
(B) paying interest on the loans.".
(4) (a) In Subsection 9-2-2105 (1) and (2)(b), the term "executive director" shall be
replaced with "director".
(b) In Subsection 9-2-2105 (3)(c), the numeral "(i)" shall be deleted and Subsection (ii)
shall be deleted in its entirety.
(5) In Subsection 63-65-4 (1)(b)(v), the reference to Section 9-2-2103 shall be changed to
reflect the renumbering of the section in Title 63, Chapter 38f.
Section 179. Coordinating H.B. 318 with S.B. 141.
If this H.B. 318 and S.B. 141, Military Installation Partnerships, both pass, it is the intent
of the Legislature that the Office of Legislative Research and General Counsel, in preparing the
Utah Code database for publication, shall make the following changes:
(1) Part 23 in S.B. 141 shall be renumbered in Title 63, Chapter 38f, to be consistent
with the renumbering done in H.B. 318;
(2) in Section 9-2-2301 , the terms "department" shall be replaced with "office" and
"executive director" be replaced with "director"; and
(3) in Section 2. Appropriation, in S.B. 141 the term "Department of Community and
Economic Development" shall be replaced with "Governor's Office of Economic Development".
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