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S.B. 274 Enrolled

             1     

LEGISLATIVE COMMITTEE AMENDMENTS

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Stuart C. Reid

             5     
House Sponsor: Jim Bird

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions related to making certain reports to legislative
             10      committees.
             11      Highlighted Provisions:
             12          This bill:
             13          .    replaces references in the Utah Code to the Workforce Services and Community and
             14      Economic Development Interim Committee with the Economic Development and
             15      Workforce Services Interim Committee;
             16          .    amends annual report requirements to certain legislative committees by reducing
             17      and consolidating reports from executive branch agencies;
             18          .    provides uniform language for agencies to submit annual written reports before
             19      November 1; and
             20          .    makes technical changes.
             21      Money Appropriated in this Bill:
             22          None
             23      Other Special Clauses:
             24          None
             25      Utah Code Sections Affected:
             26      AMENDS:
             27          9-4-708, as last amended by Laws of Utah 2011, Chapter 342
             28          9-4-1204, as last amended by Laws of Utah 2005, Chapter 254
             29          9-4-1603, as enacted by Laws of Utah 2011, Chapter 217


             30          9-7-217, as last amended by Laws of Utah 2002, Chapter 65
             31          35A-3-116, as last amended by Laws of Utah 2011, Chapter 342
             32          35A-3-203, as last amended by Laws of Utah 2005, Chapter 148
             33          35A-3-313, as last amended by Laws of Utah 2007, Chapters 235 and 306
             34          35A-4-401, as last amended by Laws of Utah 2010, Chapter 293
             35          35A-4-403, as last amended by Laws of Utah 2010, Chapter 282
             36          59-7-614.2, as last amended by Laws of Utah 2011, Chapter 384
             37          59-7-614.5, as last amended by Laws of Utah 2011, Chapter 384
             38          59-10-1107, as last amended by Laws of Utah 2011, Chapter 384
             39          59-10-1108, as last amended by Laws of Utah 2011, Chapter 384
             40          63M-1-403, as last amended by Laws of Utah 2011, Chapter 84
             41          63M-1-904, as last amended by Laws of Utah 2011, Chapter 191
             42          63M-1-1103, as last amended by Laws of Utah 2008, Chapter 381 and renumbered and
             43      amended by Laws of Utah 2008, Chapter 382
             44          63M-1-1304, as enacted by Laws of Utah 2011, Chapter 236
             45          63M-1-1404, as renumbered and amended by Laws of Utah 2008, Chapter 382
             46          63M-1-1805, as last amended by Laws of Utah 2011, Chapter 384
             47          63M-1-1901, as last amended by Laws of Utah 2010, Chapter 323
             48          63M-1-2006, as renumbered and amended by Laws of Utah 2008, Chapter 382
             49          63M-1-2406, as last amended by Laws of Utah 2011, Chapter 384
             50          63M-1-2704, as last amended by Laws of Utah 2011, Chapter 112
             51          63M-1-2806, as last amended by Laws of Utah 2011, Chapter 384
             52          63M-1-2910, as enacted by Laws of Utah 2011, Chapter 306
             53     
             54      Be it enacted by the Legislature of the state of Utah:
             55          Section 1. Section 9-4-708 is amended to read:
             56           9-4-708. Annual accounting.
             57          (1) The executive director shall monitor the activities of recipients of grants and loans


             58      issued under this part on a yearly basis to ensure compliance with the terms and conditions
             59      imposed on the recipient by the director with the approval of the board or by this part.
             60          (2) The entities receiving grants or loans shall provide the executive director with an
             61      annual accounting of how the money they received from the fund has been spent.
             62          (3) The executive director shall make an annual report to the board accounting for the
             63      expenditures authorized by the board.
             64          (4) The board shall submit an annual written report to the [Workforce Services and
             65      Community and] Economic Development and Workforce Services Interim Committee before
             66      [December] November 1 [of each year]:
             67          (a) accounting for expenditures authorized by the board; and
             68          (b) evaluating the effectiveness of the program.
             69          Section 2. Section 9-4-1204 is amended to read:
             70           9-4-1204. Technical assistance to political subdivisions for housing plan.
             71          (1) Within appropriations from the Legislature, the division shall establish a program
             72      to assist municipalities to meet the requirements of Section 10-9a-408 and counties to meet the
             73      requirements of Section 17-27a-408 . Assistance under this section may include:
             74          (a) financial assistance for the cost of developing a plan for low and moderate income
             75      housing;
             76          (b) information on how to meet present and prospective needs for low and moderate
             77      income housing; and
             78          (c) technical advice and consultation on how to facilitate the creation of low and
             79      moderate income housing.
             80          (2) The division shall [annually] submit an annual written report to the [Workforce
             81      Services and Community and] Economic Development and Workforce Services Interim
             82      Committee[, and to the Health and Human Services Interim Committee] before November 1
             83      regarding the scope, amount, and type of assistance provided to municipalities and counties
             84      under this section, including the number of low and moderate income housing units constructed
             85      or rehabilitated within the state.


             86          Section 3. Section 9-4-1603 is amended to read:
             87           9-4-1603. Annual accounting.
             88          (1) The director shall monitor the activities of recipients of the loans and loan
             89      guarantees issued under this part on a yearly basis to ensure compliance with the terms and
             90      conditions imposed on the recipient by the director under this part.
             91          (2) An entity receiving a loan or loan guarantee under this part shall provide the
             92      director with an annual accounting of how the money it received from the fund was spent.
             93          (3) The director shall submit an annual written report to the [Workforce Services and
             94      Community and] Economic Development and Workforce Services Interim Committee before
             95      [December] November 1 [of each year]:
             96          (a) accounting for expenditures made from the fund; and
             97          (b) evaluating the effectiveness of the loan and loan guarantee program.
             98          Section 4. Section 9-7-217 is amended to read:
             99           9-7-217. Reporting.
             100          The division shall [make a] submit an annual written report to the [Workforce Services
             101      and Community and] Economic Development and Workforce Services Interim Committee
             102      before November 1 [at least once every three years] regarding the compliance of library boards
             103      with Section 9-7-215 .
             104          Section 5. Section 35A-3-116 is amended to read:
             105           35A-3-116. Restricted special revenue fund -- Use of money -- Committee and
             106      director duties -- Restrictions.
             107          (1) There is created a restricted special revenue fund, known as the "Refugee Services
             108      Fund," hereafter referred to in this section as "the fund."
             109          (2) The director or the director's designee, hereafter referred to in this section as the
             110      director, shall administer the fund with input from the Department of Community and Culture,
             111      including any advisory committees within the Department of Community and Culture that deal
             112      with refugee services issues.
             113          (3) (a) Money shall be deposited into the fund from numerous sources, including


             114      federal grants, private foundations, and individual donors.
             115          (b) The director shall encourage a refugee who receives services from activities funded
             116      under Subsection (8) to become a donor to the fund once the refugee's financial situation
             117      improves to the point where the refugee is capable of making a donation.
             118          (4) The director may not expend money in the fund that is not restricted to a specific
             119      use under federal law or by donors without input from the Department of Community and
             120      Culture, either directly or through an advisory committee identified in Subsection (2).
             121          (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
             122      State Money Management Act, and all interest or other earnings derived from the fund money
             123      shall be deposited in the fund.
             124          (6) The money in the fund may not be used by the director for administrative expenses.
             125          (7) If the Department of Community and Culture establishes a refugee services
             126      advisory committee referred to in Subsection (2), that committee may:
             127          (a) advise the director on refugee services needs in the state and on relevant operational
             128      aspects of any grant or revenue collection program established under this part;
             129          (b) recommend specific refugee projects to the director;
             130          (c) recommend policies and procedures for administering the fund;
             131          (d) make recommendations on grants made from the fund for any of the refugee
             132      services activities authorized under this section;
             133          (e) advise the director on the criteria by which grants shall be made from the fund;
             134          (f) recommend the order in which approved projects would be funded;
             135          (g) make recommendations regarding the distribution of money from the fund in
             136      accordance with the procedures, conditions, and restrictions placed upon money in the fund by
             137      donors; and
             138          (h) have joint responsibility to solicit public and private funding for the fund.
             139          (8) The director may use fund money to:
             140          (a) train an existing refugee organization to develop its capacity to operate
             141      professionally and effectively and to become an independent, viable organization; or


             142          (b) provide grants to an existing refugee organization and other entities identified in
             143      Subsection (9) to assist them:
             144          (i) with case management;
             145          (ii) in meeting emergency housing needs for refugees;
             146          (iii) in providing English language services;
             147          (iv) in providing interpretive services;
             148          (v) in finding and maintaining employment for refugees;
             149          (vi) in collaborating with the state's public education system to improve the
             150      involvement of refugee parents in assimilating their children into public schools;
             151          (vii) in meeting the health and mental health needs of refugees;
             152          (viii) in providing or arranging for child care services; or
             153          (ix) in administering refugee services.
             154          (9) In addition to Subsection (8), the director with advice from the Department of
             155      Community and Culture or its refugee services advisory committee, if one is created, may grant
             156      fund money for refugee services outlined in Subsection (8) through a request for proposal
             157      process to:
             158          (a) local governments;
             159          (b) nonprofit community, charitable, or neighborhood-based organizations or private
             160      for profit organizations that deal solely or in part with providing or arranging for the provision
             161      of refugee services; or
             162          (c) regional or statewide nonprofit organizations.
             163          (10) The director shall enter into a written agreement with each successful grant
             164      applicant that has specific terms for each grant consistent with the provisions of this section
             165      that includes the structure, amount, and nature of the grant.
             166          (11) The director shall monitor the activities of the recipients of grants issued from the
             167      fund on an annual basis to ensure compliance with the terms and conditions imposed on the
             168      recipient by the fund.
             169          (12) An entity receiving a grant shall provide the director with periodic accounting of


             170      how the money it received from the fund was spent.
             171          (13) [By November 1 of each year the] The director shall [make an annual] submit an
             172      annual written report to the [Workforce Services and Community and] Economic Development
             173      and Workforce Services Interim Committee before November 1 regarding the status of the fund
             174      and the programs and services funded by the fund.
             175          Section 6. Section 35A-3-203 is amended to read:
             176           35A-3-203. Functions and duties of office -- Annual report.
             177          The office shall:
             178          (1) assess critical child care needs throughout the state on an ongoing basis and focus
             179      its activities on helping to meet the most critical needs;
             180          (2) provide child care subsidy services for income-eligible children through age 12 and
             181      for income-eligible children with disabilities through age 18;
             182          (3) provide information:
             183          (a) to employers for the development of options for child care in the work place; and
             184          (b) for educating the public in obtaining quality child care;
             185          (4) coordinate services for quality child care training and child care resource and
             186      referral core services;
             187          (5) apply for, accept, or expend gifts or donations from public or private sources;
             188          (6) provide administrative support services to the committee;
             189          (7) work collaboratively with the following for the delivery of quality child care and
             190      early childhood programs, and school age programs throughout the state:
             191          (a) the State Board of Education;
             192          (b) the Department of Community and Culture; and
             193          (c) the Department of Health;
             194          (8) research child care programs and public policy that will improve quality and
             195      accessibility and that will further the purposes of the office and child care, early childhood
             196      programs, and school age programs;
             197          (9) provide planning and technical assistance for the development and implementation


             198      of programs in communities that lack child care, early childhood programs, and school age
             199      programs;
             200          (10) provide organizational support for the establishment of nonprofit organizations
             201      approved by the Child Care Advisory Committee, created in Section 35A-3-205 ; and
             202          (11) [provide a] submit an annual written report to the Economic Development and
             203      Workforce Services Interim Committee before November 1 on the status of child care in Utah
             204      [to the Legislature by November 1 of each year through the Workforce Services and
             205      Community and Economic Development Interim Committee].
             206          Section 7. Section 35A-3-313 is amended to read:
             207           35A-3-313. Performance goals.
             208          (1) As used in this section:
             209          (a) "Performance goals" means a target level of performance or an expected level of
             210      performance against which actual performance is compared.
             211          (b) "Performance indicators" means actual performance information regarding a
             212      program or activity.
             213          (c) "Performance monitoring system" means a process to regularly collect and analyze
             214      performance information including performance indicators and performance goals.
             215          (2) (a) The department shall establish a performance monitoring system for cash
             216      assistance provided under this part.
             217          (b) The department shall establish the performance indicators and performance goals
             218      that will be used in the performance monitoring system for cash assistance under this part.
             219          (c) (i) [On or before December 31 of each year, the] The department shall submit an
             220      annual written report to the legislative fiscal analyst and the [director of the Office of
             221      Legislative Research and General Counsel,] Economic Development and Workforce Services
             222      Interim Committee before November 1 [a written report] describing the difference between
             223      actual performance and performance goals for the second, third, and fourth quarters of the prior
             224      fiscal year and the first quarter of the current fiscal year.
             225          (ii) (A) The legislative fiscal analyst or the analyst's designee shall convey the


             226      information contained in the report to the appropriation subcommittee that has oversight
             227      responsibilities for the Department of Workforce Services during the General Session that
             228      follows the submission of the report.
             229          (B) The subcommittee may consider the information in its deliberations regarding the
             230      budget for services and supports under this chapter.
             231          [(iii) The director of the Office of Legislative Research and General Counsel or the
             232      director's designee shall convey the information in the report to the legislative interim
             233      committee that has oversight responsibilities for the Department of Workforce Services.]
             234          Section 8. Section 35A-4-401 is amended to read:
             235           35A-4-401. Benefits -- Weekly benefit amount -- Computation of benefits --
             236      Department to prescribe rules -- Notification of benefits -- Bonuses.
             237          (1) (a) Benefits are payable from the fund to an individual who is or becomes
             238      unemployed and eligible for benefits.
             239          (b) All benefits shall be paid through the employment offices or other agencies
             240      designated by the division in accordance with rules the department may prescribe in accordance
             241      with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
             242          (2) (a) (i) Except as otherwise provided in Subsection (2)(a)(ii), an individual's "weekly
             243      benefit amount" is an amount equal to 1/26th, disregarding any fraction of $1, of the
             244      individual's total wages for insured work paid during that quarter of the base period in which
             245      the total wages were highest.
             246          (ii) With respect to an individual whose benefit year begins after the termination of any
             247      payable week under Pub. L. No. 111-5, Sec. 2002 as amended, an individual's weekly benefit
             248      amount is an amount equal to 1/26th minus $5, disregarding any fraction of $1, of the
             249      individual's total wages for insured work paid during that quarter of the base period in which
             250      the total wages were highest.
             251          (b) (i) The weekly benefit amount may not exceed 62.5% of the insured average fiscal
             252      year weekly wage during the preceding fiscal year, disregarding any fraction of $1.
             253          (ii) With respect to an individual whose benefit year begins after the termination of any


             254      payable week under Pub. L. No. 111-5, Sec. 2002 as amended, the weekly benefit amount may
             255      not exceed 62.5% of the insured average fiscal year weekly wage during the preceding fiscal
             256      year minus $5, disregarding any fraction of $1.
             257          (c) (i) Except as otherwise provided in Subsections (2)(c)(ii) and (iii), the "weekly
             258      benefit amount" of an individual who is receiving, or who is eligible to receive, based upon the
             259      individual's previous employment, a pension, which includes a governmental, Social Security,
             260      or other pension, retirement or disability retirement pay, under a plan maintained or contributed
             261      to by a base-period employer is the "weekly benefit amount" which is computed under this
             262      section less 100% of the retirement benefits, that are attributable to a week, disregarding any
             263      fraction of $1.
             264          (ii) With respect to an individual whose benefit year begins after July 1, 2004, and ends
             265      on or before the termination of any payable week under Pub. L. No. 111-5, Sec. 2002 as
             266      amended, the "weekly benefit amount" of that individual, who is receiving or who is eligible to
             267      receive Social Security benefits based upon the individual's previous employment, is the
             268      "weekly benefit amount" which is computed under this section less 50% of the individual's
             269      Social Security benefits that are attributable to the week, but not below zero.
             270          (iii) With respect to an individual whose benefit year begins after the termination of
             271      any payable week under Pub. L. No. 111-5, Sec. 2002 as amended, this Subsection (2)(c) and
             272      Subsection (2)(d) do not apply to Social Security benefits an individual is receiving or is
             273      eligible to receive as they are not considered retirement benefits for purposes of those
             274      subsections.
             275          (d) (i) (A) The weekly benefit amount and the potential benefits payable to an
             276      individual who, subsequent to the commencement of the individual's benefit year, becomes or
             277      is determined to be eligible to receive retirement benefits or increased retirement benefits, shall
             278      be recomputed effective with the first calendar week during the individual's benefit year with
             279      respect to which the individual is eligible to receive retirement benefits or increased retirement
             280      benefits.
             281          (B) The new weekly benefit amount shall be determined under this Subsection (2).


             282          (ii) As recomputed the total benefits potentially payable, commencing with the
             283      effective date of the recomputation, shall be equal to the recomputed weekly benefit amount
             284      times the quotient obtained by dividing the potential benefits unpaid prior to the recomputation
             285      by the initial weekly benefit amount, disregarding fractions.
             286          (3) (a) An eligible individual who is unemployed in any week shall be paid with
             287      respect to that week a benefit in an amount equal to the individual's weekly benefit amount less
             288      that part of the individual's wage payable to the individual with respect to that week that is in
             289      excess of 30% of the individual's weekly benefit amount.
             290          (b) The resulting benefit payable shall disregard any fraction of $1.
             291          (c) For the purpose of this Subsection (3) "wages" does not include a grant paid to the
             292      individual as public assistance.
             293          (4) (a) An otherwise eligible individual is entitled during a benefit year to a total
             294      amount of benefits determined by multiplying the individual's weekly benefit amount times the
             295      individual's potential duration.
             296          (b) To determine an individual's potential duration, the individual's total wages for
             297      insured work paid during the base period is multiplied by 27%, disregarding any fraction of $1,
             298      and divided by the individual's weekly benefit amount, disregarding any fraction, but not less
             299      than 10 nor more than 26.
             300          (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
             301      the department may by rule prescribe:
             302          (i) that the existence of unemployment, eligibility for benefits, and the amount of
             303      benefits payable shall be determined in the case of an otherwise eligible individual who, within
             304      a week or other period of unemployment, is separated from or secures work on a regular
             305      attachment basis for that portion of the week or other period of unemployment occurring before
             306      or after separation from or securing of work; and
             307          (ii) in the case of an individual working on a regular attachment basis, eligibility for
             308      benefits and the amount of benefits payable for periods of unemployment longer than a week.
             309          (b) The rules made shall be reasonably calculated to secure general results substantially


             310      similar to those provided by this chapter with respect to weeks of unemployment.
             311          (6) The division shall, in all cases involving actual or potential disqualifying issues and
             312      prior to the payment of benefits to an eligible individual, notify the individual's most recent
             313      employer of the eligibility determination.
             314          (7) Upon written request of an individual made under rules of the department in
             315      accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, all remuneration
             316      for insured work paid to the individual during the individual's period in the form of a bonus or
             317      lump-sum payment shall, for benefit purposes, be apportioned to the calendar quarters in which
             318      the remuneration was earned.
             319          (8) (a) The director of the division or the director's designee shall [make an annual]
             320      submit an annual written report to the Workforce Employment Advisory Council and to the
             321      [Legislature's Workforce Services and Community and] Economic Development and
             322      Workforce Services Interim Committee [no later than] before November [30 of 2011, and] 1,
             323      2012, concerning the impact of individuals applying for unemployment compensation and the
             324      unemployment trust fund as a result of the amendments made to Subsection 35A-4-401 (2)
             325      during the Legislature's 2010 General Session.
             326          (b) The report shall include a recommendation for a potential adjustment in the weekly
             327      benefit amounts established in Subsections 35A-4-401 (2)(a)(ii) and 35A-4-401 (2)(b)(ii), taking
             328      into account the unemployment benefit costs associated with the amendments made to
             329      Subsection 35A-4-401 (2) during the Legislature's 2010 General Session.
             330          Section 9. Section 35A-4-403 is amended to read:
             331           35A-4-403. Eligibility of individual -- Conditions -- Furnishing reports -- Weeks
             332      of employment -- Successive benefit years.
             333          (1) Except as provided in Subsection (2), an unemployed individual is eligible to
             334      receive benefits for any week if the division finds:
             335          (a) the individual has made a claim for benefits for that week in accordance with rules
             336      the department may prescribe, except as provided in Subsection (3);
             337          (b) the individual has registered for work with the department and acted in a good faith


             338      effort to secure employment during each and every week for which the individual made a claim
             339      for benefits under this chapter in accordance with rules the department may prescribe, except as
             340      provided in Subsection (3);
             341          (c) the individual is able to work and is available for work during each and every week
             342      for which the individual made a claim for benefits under this chapter;
             343          (d) the individual has been unemployed for a waiting period of one week for each
             344      benefit year, but a week may not be counted as a week of unemployment for the purpose of this
             345      Subsection (1)(d):
             346          (i) unless it occurs within the benefit year that includes the week for which the
             347      individual claims benefits;
             348          (ii) if benefits have been paid for the claim; or
             349          (iii) unless the individual was eligible for benefits for the week as provided in this
             350      section and Sections 35A-4-401 and 35A-4-405 , except for the requirement of this Subsection
             351      (1)(d);
             352          (e) (i) the individual has furnished the division separation and other information the
             353      department may prescribe by rule, or proves to the satisfaction of the division that the
             354      individual had good cause for failing to furnish the information;
             355          (ii) if an employer fails to furnish reports concerning separation and employment as
             356      required by this chapter and rules adopted under the chapter, the division shall, on the basis of
             357      information it obtains, determine the eligibility and insured status of an individual affected by
             358      that failure and the employer is not considered to be an interested party to the determination;
             359          (f) (i) the individual's base period wages were at least 1-1/2 times the individual's
             360      wages for insured work paid during that quarter of the individual's base period in which the
             361      individual's wages were highest; or
             362          (ii) for any claimant whose benefit year is effective on or before January 1, 2011, the
             363      individual shows to the satisfaction of the division that the individual worked at least 20 weeks
             364      in insured work during the individual's base period and earned wages of at least 5% of the
             365      monetary base period wage requirement each week, rounded to the nearest whole dollar,


             366      provided that the individual's total base-period wages were not less than the monetary base
             367      period wage requirement as defined in Section 35A-4-201 ; and
             368          (g) (i) the individual applying for benefits in a successive benefit year has had
             369      subsequent employment since the effective date of the preceding benefit year equal to at least
             370      six times the individual's weekly benefit amount, in insured work; and
             371          (ii) the individual's total wages and employment experience in the individual's base
             372      period meet the requirements specified in Subsection (1)(f).
             373          (2) (a) For purposes of this Subsection (2), "suitable employment" means:
             374          (i) work of a substantially equal or higher skill level than the individual's past adversely
             375      affected employment as defined for purposes of the Trade Act of 1974; and
             376          (ii) wages for that work at not less than 80% of the individual's average weekly wage
             377      as determined for purposes of the Trade Act of 1974.
             378          (b) (i) An individual in training with the approval of the division is not ineligible to
             379      receive benefits by reason of nonavailability for work, failure to search for work, refusal of
             380      suitable work, failure to apply for or to accept suitable work, or not having been unemployed
             381      for a waiting period of one week for any week the individual is in the approved training.
             382          (ii) For purposes of Subsection (2)(b)(i), the division shall approve any mandatory
             383      apprenticeship-related training.
             384          (c) Notwithstanding any other provision of this chapter, the division may not deny an
             385      otherwise eligible individual benefits for any week:
             386          (i) because the individual is in training approved under Section 236 (a)(1) of the Trade
             387      Act of 1974, 19 U.S.C. 2296(a);
             388          (ii) for leaving work to enter training described in Subsection (2)(c)(i) if the work left
             389      is not suitable employment; or
             390          (iii) because of the application to any such week in training of provisions in this law or
             391      any applicable federal unemployment compensation law relating to availability for work, active
             392      search for work, or refusal to accept work.
             393          (3) The department may, by rule, waive or alter either or both of the requirements of


             394      Subsections (1)(a) and (b) as to:
             395          (a) individuals attached to regular jobs;
             396          (b) a disaster in Utah as declared by the President of the United States or by the state's
             397      governor after giving due consideration to factors directly associated with the disaster,
             398      including:
             399          (i) the disaster's impact on employers and their ability to employ workers in the
             400      affected area in Utah;
             401          (ii) the disaster's impact on claimants and their ability to comply with filing
             402      requirements in the affected area in Utah; and
             403          (iii) the magnitude of the disaster and the anticipated time for recovery; and
             404          (c) cases or situations when it finds that compliance with the requirements would be
             405      oppressive, or would be inconsistent with the purposes of this chapter, as long as the rule does
             406      not conflict with Subsection 35A-4-401 (1).
             407          (4) [(a)] The director of the division or the director's designee shall [make an annual]
             408      submit an annual written report to the Workforce Employment Advisory Council and to the
             409      [Legislature's Workforce Services and Community and] Economic Development and
             410      Workforce Services Interim Committee [no later than November 30, 2011, and annually
             411      thereafter,] before November 1 concerning the impact on individuals applying for
             412      unemployment compensation and the unemployment trust insurance fund as a result of
             413      amendments made to Subsections (1)(f) and 35A-4-201 (1) during the Legislature's 2010
             414      General Session.
             415          [(b) The interim committee shall make recommendations to the Legislature from the
             416      annual report it receives under Subsection (4)(a) that may include:]
             417          [(i) further modifications to the amendments made to Subsections (1)(f) and
             418      35A-4-201 (1) during the 2010 General Session; or]
             419          [(ii) the repeal of those amendments.]
             420          Section 10. Section 59-7-614.2 is amended to read:
             421           59-7-614.2. Refundable economic development tax credit.


             422          (1) As used in this section:
             423          (a) "Business entity" means a taxpayer that meets the definition of "business entity" as
             424      defined in Section 63M-1-2403 or 63M-1-2803 .
             425          (b) "Community development and renewal agency" is as defined in Section 17C-1-102 .
             426          (c) "Local government entity" is as defined in Section 63M-1-2403 .
             427          (d) "Office" means the Governor's Office of Economic Development.
             428          (2) Subject to the other provisions of this section, a business entity, local government
             429      entity, or community development and renewal agency may claim a refundable tax credit for
             430      economic development.
             431          (3) The tax credit under this section is the amount listed as the tax credit amount on the
             432      tax credit certificate that the office issues to the business entity, local government entity, or
             433      community development and renewal agency for the taxable year.
             434          (4) A community development and renewal agency may claim a tax credit under this
             435      section only if a local government entity assigns the tax credit to the community development
             436      and renewal agency in accordance with Section 63M-1-2404 .
             437          (5) (a) In accordance with any rules prescribed by the commission under Subsection
             438      (5)(b), the commission shall make a refund to the following that claim a tax credit under this
             439      section:
             440          (i) a local government entity;
             441          (ii) a community development and renewal agency; or
             442          (iii) a business entity if the amount of the tax credit exceeds the business entity's tax
             443      liability for a taxable year.
             444          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             445      commission may make rules providing procedures for making a refund to a business entity,
             446      local government entity, or community development and renewal agency as required by
             447      Subsection (5)(a).
             448          (6) (a) On or before October 1, 2013, and every five years after October 1, 2013, the
             449      Revenue and Taxation Interim Committee shall study the tax credit allowed by this section and


             450      make recommendations to the Legislative Management Committee [and the Workforce
             451      Services and Community and Economic Development Interim Committee] concerning whether
             452      the tax credit should be continued, modified, or repealed.
             453          (b) For purposes of the study required by this Subsection (6), the office shall provide
             454      the following information to the Revenue and Taxation Interim Committee:
             455          (i) the amount of tax credit that the office grants to each business entity, local
             456      government entity, or community development and renewal agency for each calendar year;
             457          (ii) the criteria that the office uses in granting a tax credit;
             458          (iii) (A) for a business entity, the new state revenues generated by the business entity
             459      for the calendar year; or
             460          (B) for a local government entity, regardless of whether the local government entity
             461      assigns the tax credit in accordance with Section 63M-1-2404 , the new state revenues
             462      generated as a result of a new commercial project within the local government entity for each
             463      calendar year;
             464          (iv) the information contained in the office's latest report to the Legislature under
             465      Section 63M-1-2406 or 63M-1-2806 ; and
             466          (v) any other information that the Revenue and Taxation Interim Committee requests.
             467          (c) The Revenue and Taxation Interim Committee shall ensure that its
             468      recommendations under Subsection (6)(a) include an evaluation of:
             469          (i) the cost of the tax credit to the state;
             470          (ii) the purpose and effectiveness of the tax credit; and
             471          (iii) the extent to which the state benefits from the tax credit.
             472          Section 11. Section 59-7-614.5 is amended to read:
             473           59-7-614.5. Refundable motion picture tax credit.
             474          (1) As used in this section:
             475          (a) "Motion picture company" means a taxpayer that meets the definition of a motion
             476      picture company under Section 63M-1-1802 .
             477          (b) "Office" means the Governor's Office of Economic Development.


             478          (c) "State-approved production" has the same meaning as defined in [Subsection]
             479      Section 63M-1-1802 [(10)].
             480          (2) For taxable years beginning on or after January 1, 2009, a motion picture company
             481      may claim a refundable tax credit for a state-approved production.
             482          (3) The tax credit under this section is the amount listed as the tax credit amount on the
             483      tax credit certificate that the office issues to a motion picture company under Section
             484      63M-1-1803 for the taxable year.
             485          (4) (a) In accordance with any rules prescribed by the commission under Subsection
             486      (4)(b), the commission shall make a refund to a motion picture company that claims a tax
             487      credit under this section if the amount of the tax credit exceeds the motion picture company's
             488      tax liability for a taxable year.
             489          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             490      commission may make rules providing procedures for making a refund to a motion picture
             491      company as required by Subsection (4)(a).
             492          (5) (a) On or before October 1, 2014, and every five years after October 1, 2014, the
             493      Revenue and Taxation Interim Committee shall study the tax credit allowed by this section and
             494      make recommendations to the Legislative Management Committee [and the Workforce
             495      Services and Community and Economic Development Interim Committee] concerning whether
             496      the tax credit should be continued, modified, or repealed.
             497          (b) For purposes of the study required by this Subsection (5), the office shall provide
             498      the following information to the Revenue and Taxation Interim Committee:
             499          (i) the amount of tax credit that the office grants to each motion picture company for
             500      each calendar year;
             501          (ii) the criteria that the office uses in granting the tax credit;
             502          (iii) the dollars left in the state, as defined in [Subsection] Section 63M-1-1802 [(2)], by
             503      each motion picture company for each calendar year;
             504          (iv) the information contained in the office's latest report to the Legislature under
             505      Section 63M-1-1805 ; and


             506          (v) any other information requested by the Revenue and Taxation Interim Committee.
             507          (c) The Revenue and Taxation Interim Committee shall ensure that its
             508      recommendations under Subsection (5)(a) include an evaluation of:
             509          (i) the cost of the tax credit to the state;
             510          (ii) the effectiveness of the tax credit; and
             511          (iii) the extent to which the state benefits from the tax credit.
             512          Section 12. Section 59-10-1107 is amended to read:
             513           59-10-1107. Refundable economic development tax credit.
             514          (1) As used in this section:
             515          (a) "Business entity" means a claimant, estate, or trust that meets the definition of
             516      "business entity" as defined in Section 63M-1-2403 or 63M-1-2803 .
             517          (b) "Office" means the Governor's Office of Economic Development.
             518          (2) Subject to the other provisions of this section, a business entity may claim a
             519      refundable tax credit for economic development.
             520          (3) The tax credit under this section is the amount listed as the tax credit amount on the
             521      tax credit certificate that the office issues to the business entity for the taxable year.
             522          (4) (a) In accordance with any rules prescribed by the commission under Subsection
             523      (4)(b), the commission shall make a refund to a business entity that claims a tax credit under
             524      this section if the amount of the tax credit exceeds the business entity's tax liability for a
             525      taxable year.
             526          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             527      commission may make rules providing procedures for making a refund to a business entity as
             528      required by Subsection (4)(a).
             529          (5) (a) On or before October 1, 2013, and every five years after October 1, 2013, the
             530      Revenue and Taxation Interim Committee shall study the tax credit allowed by this section and
             531      make recommendations to the Legislative Management Committee [and the Workforce
             532      Services and Community and Economic Development Interim Committee] concerning whether
             533      the tax credit should be continued, modified, or repealed.


             534          (b) For purposes of the study required by this Subsection (5), the office shall provide
             535      the following information to the Revenue and Taxation Interim Committee:
             536          (i) the amount of tax credit the office grants to each taxpayer for each calendar year;
             537          (ii) the criteria the office uses in granting a tax credit;
             538          (iii) the new state revenues generated by each taxpayer for each calendar year;
             539          (iv) the information contained in the office's latest report to the Legislature under
             540      Section 63M-1-2406 or 63M-1-2806 ; and
             541          (v) any other information that the Revenue and Taxation Interim Committee requests.
             542          (c) The Revenue and Taxation Interim Committee shall ensure that its
             543      recommendations under Subsection (5)(a) include an evaluation of:
             544          (i) the cost of the tax credit to the state;
             545          (ii) the purpose and effectiveness of the tax credit; and
             546          (iii) the extent to which the state benefits from the tax credit.
             547          Section 13. Section 59-10-1108 is amended to read:
             548           59-10-1108. Refundable motion picture tax credit.
             549          (1) As used in this section:
             550          (a) "Motion picture company" means a claimant, estate, or trust that meets the
             551      definition of a motion picture company under Section 63M-1-1802 .
             552          (b) "Office" means the Governor's Office of Economic Development.
             553          (c) "State-approved production" has the same meaning as defined in [Subsection]
             554      Section 63M-1-1802 [(10)].
             555          (2) For taxable years beginning on or after January 1, 2009, a motion picture company
             556      may claim a refundable tax credit for a state-approved production.
             557          (3) The tax credit under this section is the amount listed as the tax credit amount on the
             558      tax credit certificate that the office issues to a motion picture company under Section
             559      63M-1-1803 for the taxable year.
             560          (4) (a) In accordance with any rules prescribed by the commission under Subsection
             561      (4)(b), the commission shall make a refund to a motion picture company that claims a tax


             562      credit under this section if the amount of the tax credit exceeds the motion picture company's
             563      tax liability for the taxable year.
             564          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             565      commission may make rules providing procedures for making a refund to a motion picture
             566      company as required by Subsection (4)(a).
             567          (5) (a) On or before October 1, 2014, and every five years after October 1, 2014, the
             568      Revenue and Taxation Interim Committee shall study the tax credit allowed by this section and
             569      make recommendations to the Legislative Management Committee [and the Workforce
             570      Services and Community and Economic Development Interim Committee] concerning whether
             571      the tax credit should be continued, modified, or repealed.
             572          (b) For purposes of the study required by this Subsection (5), the office shall provide
             573      the following information to the Revenue and Taxation Interim Committee:
             574          (i) the amount of tax credit the office grants to each taxpayer for each calendar year;
             575          (ii) the criteria the office uses in granting a tax credit;
             576          (iii) the dollars left in the state, as defined in [Subsection] Section 63M-1-1802 [(2)], by
             577      each motion picture company for each calendar year;
             578          (iv) the information contained in the office's latest report to the Legislature under
             579      Section 63M-1-1805 ; and
             580          (v) any other information requested by the Revenue and Taxation Interim Committee.
             581          (c) The Revenue and Taxation Interim Committee shall ensure that its
             582      recommendations under Subsection (5)(a) include an evaluation of:
             583          (i) the cost of the tax credit to the state;
             584          (ii) the effectiveness of the tax credit; and
             585          (iii) the extent to which the state benefits from the tax credit.
             586          Section 14. Section 63M-1-403 is amended to read:
             587           63M-1-403. Powers of the office.
             588          The office shall:
             589          (1) monitor the implementation and operation of this part and conduct a continuing


             590      evaluation of the progress made in the enterprise zones;
             591          (2) evaluate an application for designation as an enterprise zone from a county
             592      applicant or a municipal applicant and determine if the applicant qualifies for that designation;
             593          (3) provide technical assistance to county applicants and municipal applicants in
             594      developing applications for designation as enterprise zones;
             595          (4) assist county applicants and municipal applicants designated as enterprise zones in
             596      obtaining assistance from the federal government and agencies of the state;
             597          (5) assist a qualified business entity in obtaining the benefits of an incentive or
             598      inducement program authorized by this part; and
             599          (6) prepare an annual evaluation based, in part, on data provided by the State Tax
             600      Commission that:
             601          (a) evaluates the effectiveness of the program and any suggestions for legislation; and
             602          (b) is available upon request to the governor and to the Revenue and Taxation Interim
             603      [and the Workforce Services and Economic Development Interim Committees] Committee of
             604      the Legislature [by] before November 1 of each year.
             605          Section 15. Section 63M-1-904 is amended to read:
             606           63M-1-904. Rural Fast Track Program -- Creation -- Funding -- Qualifications
             607      for program participation -- Awards -- Reports.
             608          (1) (a) There is created the Rural Fast Track Program, hereafter referred to in this
             609      section as "the program."
             610          (b) The program is a funded component of the economically disadvantaged rural areas
             611      designation in Subsection 63M-1-903 (1)(a).
             612          (2) (a) The purpose of the program is to:
             613          (i) provide an efficient way for small companies in rural Utah to receive incentives for
             614      creating high paying jobs in the rural areas of the state; and
             615          (ii) use the Business Expansion and Retention Initiative to further promote business
             616      and economic development in rural Utah.
             617          (b) The Office of Rural Development shall administer the Business Expansion and


             618      Retention Initiative for the rural areas of the state.
             619          (3) (a) Twenty percent of the money in the Industrial Assistance Account at the
             620      beginning of each fiscal year shall be used to fund the program.
             621          (b) The 20% referred to in Subsection (3)(a) is not in addition to but is a part of the up
             622      to 50% designation for economically disadvantaged rural areas referred to in Subsection
             623      63M-1-903 (1)(a).
             624          (c) If any of the 20% allocation referred to in Subsection (3)(a) has not been used in the
             625      program by the end of the third quarter of each fiscal year, that money may be used for any
             626      other loan, grant, or assistance program offered through the Industrial Assistance Account
             627      during the fiscal year.
             628          (4) (a) To qualify for participation in the program a company shall:
             629          (i) complete and file with the office an application for participation in the program,
             630      signed by an officer of the company;
             631          (ii) be located and conduct its business operations in a county in the state that has:
             632          (A) a population of less than 30,000; and
             633          (B) an average household income of less than $60,000 as reflected in the most recently
             634      available data collected and reported by the United States Census Bureau;
             635          (iii) have been in business in the state for at least two years; and
             636          (iv) have at least two employees.
             637          (b) (i) Office staff shall verify an applicant's qualifications under Subsection (4)(a).
             638          (ii) The application must be approved by the administrator in order for a company to
             639      receive an incentive or other assistance under this section.
             640          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             641      administrator may make rules governing:
             642          (i) the content of the application form referred to in Subsection (4)(a)(i);
             643          (ii) who qualifies as an employee under Subsection (4)(a)(iv); and
             644          (iii) the verification procedure referred to in Subsection (4)(b).
             645          (5) (a) The administrator shall make incentive cash awards to small companies under


             646      this section based on the following criteria:
             647          (i) $1,000 for each new incremental job that pays over 110% of the county's average
             648      annual wage;
             649          (ii) $1,250 for each incremental job that pays over 115% of the county's average annual
             650      wage; and
             651          (iii) $1,500 for each incremental job that pays over 125% of the county's average
             652      annual wage.
             653          (b) The administrator shall make a cash award under Subsection (5)(a) when a new
             654      incremental job has been in place for at least 12 months.
             655          (c) The creation of a new incremental job by a company is based on the number of
             656      employees at the company during the previous 24 months.
             657          (d) (i) A small company may also apply for grants, loans, or other financial assistance
             658      under the program to help develop its business in rural Utah and may receive up to $50,000
             659      under the program if approved by the administrator.
             660          (ii) The board must approve a distribution that exceeds the $50,000 cap under
             661      Subsection (5)(d)(i).
             662          (6) The administrator shall make a quarterly report to the board of the awards made by
             663      the administrator under this section and [an annual] submit an annual written report to the
             664      [Legislative Workforce Services and Community and] Economic Development and Workforce
             665      Services Interim Committee before November 1 [as to] on the awards and their impact on
             666      economic development in the state's rural areas.
             667          Section 16. Section 63M-1-1103 is amended to read:
             668           63M-1-1103. Duties of the office.
             669          The office shall:
             670          (1) facilitate recycling development zones through state support of county incentives
             671      which encourage development of manufacturing enterprises that use recycling materials
             672      currently collected;
             673          (2) evaluate an application from a county or municipality executive authority to be


             674      designated as a recycling market development zone and determine if the county or municipality
             675      qualifies for that designation;
             676          (3) provide technical assistance to municipalities and counties in developing
             677      applications for designation as a recycling market development zone;
             678          (4) assist counties and municipalities designated as recycling market development
             679      zones in obtaining assistance from the federal government and agencies of the state;
             680          (5) assist a qualified business in obtaining the benefits of an incentive or inducement
             681      program authorized by this part;
             682          (6) monitor the implementation and operation of this part and conduct a continuing
             683      evaluation of the progress made in the recycling market development zone; and
             684          (7) submit an annual written report evaluating the effectiveness of the program and
             685      providing recommendations for legislation to the [Workforce Services and Community and
             686      Economic Development Interim Committee and] Natural Resources, Agriculture, and
             687      Environment Interim Committee [not later than] before November 1 [of each year].
             688          Section 17. Section 63M-1-1304 is amended to read:
             689           63M-1-1304. Council powers and duties.
             690          (1) The council shall:
             691          (a) coordinate and advise on policies and objectives related to economic development
             692      and growth within the state;
             693          (b) coordinate with state and private entities, including private venture capital and seed
             694      capital firms, to avoid duplication of programs and to increase the availability of venture and
             695      seed capital for research and for the development and growth of new and existing businesses in
             696      the state;
             697          (c) focus on technologies, industries, and geographical areas of the state in which the
             698      state can expand investment and entrepreneurship and stimulate job growth;
             699          (d) coordinate ideas and strategies to increase national and international business
             700      activities for both the urban and rural areas of the state; and
             701          (e) plan, coordinate, advise, or recommend any other action that would better the state's


             702      economy.
             703          (2) The council shall [prepare and present an annual] submit an annual written report
             704      of its activities to the governor and to the [Legislature's Workforce Services and Community
             705      and] Economic Development and Workforce Services Interim Committee by November 1.
             706          Section 18. Section 63M-1-1404 is amended to read:
             707           63M-1-1404. Powers and duties of office related to tourism development plan --
             708      Annual report and survey.
             709          (1) The office shall:
             710          (a) be the tourism development authority of the state;
             711          (b) develop a tourism advertising, marketing, and branding program for the state;
             712          (c) receive approval from the Board of Tourism Development under Subsection
             713      63M-1-1403 (1)(a) before implementing the out-of-state advertising, marketing, and branding
             714      campaign;
             715          (d) develop a plan to increase the economic contribution by tourists visiting the state;
             716          (e) plan and conduct a program of information, advertising, and publicity relating to the
             717      recreational, scenic, historic, and tourist advantages and attractions of the state at large; and
             718          (f) encourage and assist in the coordination of the activities of persons, firms,
             719      associations, corporations, travel regions, counties, and governmental agencies engaged in
             720      publicizing, developing, and promoting the scenic attractions and tourist advantages of the
             721      state.
             722          (2) Any plan provided for under Subsection (1) shall address, but not be limited to,
             723      enhancing the state's image, promoting Utah as a year-round destination, encouraging
             724      expenditures by visitors to the state, and expanding the markets where the state is promoted.
             725          (3) The office shall conduct a regular and ongoing research program to identify
             726      statewide economic trends and conditions in the tourism sector of the economy and to provide
             727      an annual written evaluation of the economic efficiency of the advertising and branding
             728      campaigns conducted under this part to the [Legislature's Workforce Services and Community
             729      and] Economic Development and Workforce Services Interim Committee and the Business,


             730      Economic Development, and [Human Resources] Labor Appropriations Subcommittee by
             731      November 1.
             732          Section 19. Section 63M-1-1805 is amended to read:
             733           63M-1-1805. Annual report.
             734          The office shall [report annually to the Legislature's Workforce Services and
             735      Community and] submit an annual written report to the Economic Development and
             736      Workforce Services Interim Committee describing:
             737          (1) its success in attracting within-the-state production of television series,
             738      made-for-television movies, and motion pictures, including feature films and independent
             739      films;
             740          (2) the amount of incentive commitments made by the office under this part and the
             741      period of time over which the incentives will be paid; and
             742          (3) the economic impact on the state related to:
             743          (a) dollars left in the state; and
             744          (b) providing motion picture incentives under this part.
             745          Section 20. Section 63M-1-1901 is amended to read:
             746           63M-1-1901. Military installation projects for economic development -- Funding
             747      -- Criteria -- Dispersal -- Report.
             748          (1) The Legislature recognizes that significant growth in the state's economy can be
             749      achieved by state and local support of the continuing expansion and development of federal
             750      military installations throughout the state.
             751          (2) The office, through its director, may receive and distribute legislative
             752      appropriations and public and private grants and donations for military installation projects
             753      that:
             754          (a) have a strong probability of increasing the growth and development of a military
             755      facility within the state, thereby providing significant economic benefits to the state;
             756          (b) will provide a significant number of new jobs within the state that should remain
             757      within the state for a period of several years; and


             758          (c) involve a partnership between the military and private industry or local government
             759      or the military and private industry and local government.
             760          (3) (a) The director may distribute money under this section to:
             761          (i) a regional or statewide nonprofit economic development organization; or
             762          (ii) a federal military partnership that has the mission of promoting the economic
             763      growth of a military installation.
             764          (b) The director shall make a distribution under this section upon:
             765          (i) receipt of an application on a form prescribed by the office that lists:
             766          (A) the particulars of the proposed use of the money requested, such as needed
             767      equipment purchases and anticipated training costs;
             768          (B) the estimated number of new jobs that will be created by the proposed project;
             769          (C) pending contracts related to the project that are to be finalized from funding
             770      anticipated under this section; and
             771          (D) a projected date on which the applicant shall provide the director with a report on
             772      the implementation and performance of the project, including the creation of new jobs; and
             773          (ii) a determination by the director that the project satisfies the requirements listed in
             774      Subsection (2).
             775          (c) (i) The office shall monitor the activities of a recipient of money under this section
             776      to ensure that there is compliance with the terms and conditions imposed on the recipient under
             777      this part.
             778          (ii) The office shall submit an annual written report to the [Workforce Services and
             779      Community and] Economic Development and Workforce Services Interim Committee and the
             780      Business, Economic Development, and [Revenue] Labor Appropriations Subcommittee by
             781      November 1 on the use and impact of the money distributed under this section[, with the first
             782      report to occur not later than September 1, 2005].
             783          Section 21. Section 63M-1-2006 is amended to read:
             784           63M-1-2006. Report to Economic Development and Workforce Services Interim
             785      Committee.


             786          The board shall [annually] submit an annual written report to the [Workforce Services
             787      and Community and] Economic Development and Workforce Services Interim Committee [on
             788      or before the November interim meeting] before November 1 on:
             789          (1) the total amount of grants and loans the board awarded to eligible counties under
             790      this part during the fiscal year that ended on the June 30 immediately preceding the November
             791      interim meeting;
             792          (2) a description of the projects with respect to which the board awarded a grant or loan
             793      under this part;
             794          (3) the total amount of outstanding debt service that is being repaid by a grant or loan
             795      awarded under this part;
             796          (4) on whether the grants and loans awarded under this part have resulted in economic
             797      development within project areas;
             798          (5) on whether the board recommends:
             799          (a) that the grants and loans authorized by this part should be continued; or
             800          (b) any modifications to this part; and
             801          (6) on any other issue relating to this part as determined by the [Workforce Services
             802      and Community and] Economic Development and Workforce Services Interim Committee.
             803          Section 22. Section 63M-1-2406 is amended to read:
             804           63M-1-2406. Report to the Legislature.
             805          The office shall [report annually] submit an annual written report to the [Legislature's
             806      Workforce Services and Community and] Economic Development and Workforce Services
             807      Interim Committee describing:
             808          (1) its success in attracting new commercial projects to development zones under this
             809      part and the corresponding increase in new incremental jobs;
             810          (2) the estimated amount of tax credit commitments made by the office and the period
             811      of time over which tax credits will be paid; and
             812          (3) the economic impact on the state related to generating new state revenues and
             813      providing tax credits under this part.


             814          Section 23. Section 63M-1-2704 is amended to read:
             815           63M-1-2704. Establishment and administration of business resource centers --
             816      Components.
             817          (1) The Governor's Office of Economic Development, hereafter referred to in this part
             818      as "the office," shall establish business resource centers in at least four different geographical
             819      regions of the state where host institutions are located and the host institutions agree to enter
             820      into a business resource center partnership with the office.
             821          (2) The office, in partnership with a host institution, shall provide methodology and
             822      oversight for a business resource center.
             823          (3) A host institution shall contribute 50% of a business resource center's operating
             824      costs through cash or in-kind contributions, unless otherwise provided under Subsection
             825      63M-1-2707 (7).
             826          (4) The office shall work with the Utah Business Assistance Advisory Board
             827      established under Section 63M-1-2706 , hereafter referred to in this part as "the board," to
             828      provide operational oversight and coordination of the business resource centers established
             829      under this part.
             830          (5) (a) A business resource center shall work with state agencies in creating methods to
             831      coordinate functions and measure the impact of the efforts provided by the state agencies and
             832      the center.
             833          (b) The host institution, state, local and federal governmental entities,
             834      quasi-governmental entities, and private entities may:
             835          (i) participate in the activities offered by or through a business resource center; and
             836          (ii) provide personnel or other appropriate links to the center.
             837          (c) (i) Other entities that are not initially involved in the establishment of a business
             838      resource center and that are capable of providing supportive services to Utah businesses may
             839      apply to the center to become a provider of services at the center.
             840          (ii) Entities identified in Subsections (5)(a) and (b) shall provide the board with a
             841      service plan, to include funding, which would be made available or supplied to cover the


             842      expenses of their services offered at a business resource center.
             843          (iii) The board shall review each application made under Subsection (5)(c)(i) and make
             844      a recommendation for approval by the office as a precondition for providing the service being
             845      offered.
             846          (6) A business resource center may:
             847          (a) partner with the Governor's Office of Economic Development, other host
             848      institutions, and other entities to develop and establish web-based access to virtual business
             849      resource center services over the Internet to assist in establishing and growing businesses in the
             850      state, particularly in those situations where traveling to a business resource center site is not
             851      practical;
             852          (b) develop a data base and software for:
             853          (i) tracking clients and their progress; and
             854          (ii) tracking responses and services provided by state agencies and evaluating their
             855      effectiveness; and
             856          (c) develop outreach programs and services targeted to business clients in rural areas of
             857      the state.
             858          (7) The Governor's Office of Economic Development shall [make a report by
             859      November 1 of each year to the Workforce Services and Community and Economic
             860      Development and Business and Labor Interim Committees] submit an annual written report to
             861      the Economic Development and Workforce Services Interim Committee before November 1 on
             862      measured performance of economic development programs offered by or through established
             863      business resource centers.
             864          Section 24. Section 63M-1-2806 is amended to read:
             865           63M-1-2806. Report to the Legislature.
             866          The office shall [report annually] submit an annual written report to the [Legislature's
             867      Workforce Services and Community and] Economic Development and Workforce Services
             868      Interim Committee describing:
             869          (1) its success in attracting alternative energy projects to alternative energy


             870      development zones under this part and the corresponding increase in new increment jobs;
             871          (2) the amount of tax credits promised and the period of time over which the tax credits
             872      will be paid; and
             873          (3) the economic impact on the state related to generating new state revenues and
             874      providing tax credits under this part.
             875          Section 25. Section 63M-1-2910 is amended to read:
             876           63M-1-2910. Report to the Legislature -- Study by legislative committees.
             877          (1) The office shall [annually] submit an annual written report to the [Workforce
             878      Services and Community and Economic Development Interim Committee and] Revenue and
             879      Taxation Interim Committee before November 1 describing:
             880          (a) the total amount listed on tax credit certificates the office issues under this part;
             881          (b) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
             882      credit applicants under this part; and
             883          (c) the economic impact on the state related to providing tax credits under this part.
             884          (2) (a) On or before November 1, 2011, and every five years after November 1, 2011,
             885      the [Workforce Services and Community and Economic Development Interim Committee and]
             886      Revenue and Taxation Interim Committee shall:
             887          (i) study the tax credits allowed under Sections 59-7-614.6 , 59-10-1025 , 59-10-1026 ,
             888      and 59-10-1109 ; and
             889          (ii) make recommendations concerning whether the tax credits should be continued,
             890      modified, or repealed.
             891          (b) The study under Subsection (2)(a) shall include an evaluation of:
             892          (i) the cost of the tax credits under Sections 59-7-614.6 , 59-10-1025 , 59-10-1026 , and
             893      59-10-1109 ;
             894          (ii) the purposes and effectiveness of the tax credits; and
             895          (iii) the extent to which the state benefits from the tax credits.


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