First Substitute S.B. 248

Senator Jerry W. Stevenson proposes the following substitute bill:

1 SMART SCHOOL TECHNOLOGY ACT
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jerry W. Stevenson
5 House Sponsor: Stephen G. Handy
6
7 LONG TITLE
8 General Description:
9 This bill modifies the uses of money in the Industrial Assistance Account.
10 Highlighted Provisions:
11 This bill:
12 . allows money in the Industrial Assistance Account to be provided to an entity that:
13 . offers an economic opportunity; and
14 . implements technology innovation in public schools.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 63M-1-909, as last amended by Laws of Utah 2011, Chapter 232
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63M-1-909 is amended to read:
25 63M-1-909. Financial assistance to entities offering economic opportunities.

26 (1) Subject to the duties and powers of the board under Section 63M-1-303 , the
27 administrator may provide money from the Industrial Assistance Account to an entity offering
28 an economic opportunity if that entity:
29 (a) applies to the administrator; and
30 (b) meets the qualifications of Subsection (2).
31 (2) The applicant shall:
32 (a) demonstrate to the satisfaction of the administrator the nature of the economic
33 opportunity and the related benefit to the economic well-being of the state by providing
34 evidence documenting the logical and compelling linkage, either direct or indirect, between the
35 expenditure of money necessitated by the economic opportunity and the likelihood that the
36 state's tax base, regions of the state's tax base, or specific components of the state's tax base
37 will not be reduced but will be maintained or enlarged;
38 (b) demonstrate how the funding request will act in concert with other state, federal, or
39 local agencies to achieve the economic benefit;
40 (c) demonstrate how the funding request will act in concert with free market principles;
41 (d) in the case of an economic opportunity that includes the retention of jobs,
42 demonstrate how the potential relocation of jobs outside the state is related to a merger,
43 acquisition, consolidation, or similar business reason other than the applicant simply requesting
44 state assistance to remain in the state;
45 (e) satisfy other criteria the administrator considers appropriate; and
46 (f) be either:
47 (i) an entity whose purpose is to exclusively or substantially promote, develop, or
48 maintain the economic welfare and prosperity of the state as a whole, regions of the state, or
49 specific components of the state, including:
50 (A) an entity that is a sports development organization under contract with the state for
51 sports development and sporting event attraction and related activities that provide an
52 economic impact or promotional value to the state; or
53 (B) a entity that implements technology innovation in public schools, including
54 whole-school technology deployment; or
55 (ii) a company or individual that does not otherwise qualify under Section 63M-1-906 .
56 (3) Subject to the duties and powers of the board under Section 63M-1-303 , the

57 administrator shall:
58 (a) make findings as to whether an applicant has satisfied each of the conditions set
59 forth in Subsection (2);
60 (b) establish benchmarks and timeframes in which progress toward the completion of
61 the agreed upon activity is to occur;
62 (c) monitor compliance by an applicant with any contract or agreement entered into by
63 the applicant and the state as provided by Section 63M-1-907 ; and
64 (d) make funding decisions based upon appropriate findings and compliance.