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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the Utah Science Technology and Research
11 Initiative.
12 Highlighted Provisions:
13 This bill:
14 ▸ rewrites provisions relating to the Utah Science and Technology Research Initiative
15 (USTAR), its governing authority, and funding and other support provided by
16 USTAR;
17 ▸ modifies the powers and duties of the USTAR governing authority;
18 ▸ modifies reporting requirements;
19 ▸ modifies provisions related to USTAR researchers and USTAR buildings;
20 ▸ modifies provisions related to an audit of USTAR's annual report;
21 ▸ repeals provisions relating to a technology outreach innovation program and an
22 advisory council;
23 ▸ makes appropriations to USTAR nonlapsing; and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 63A-5-305, as last amended by Laws of Utah 2003, Chapter 289
32 63J-1-602.4, as last amended by Laws of Utah 2015, Chapters 179 and 283
33 63M-2-102, as last amended by Laws of Utah 2015, Chapter 357
34 63M-2-301, as last amended by Laws of Utah 2015, Chapter 357
35 63M-2-302.5, as enacted by Laws of Utah 2014, Chapter 186
36 ENACTS:
37 63M-2-501, Utah Code Annotated 1953
38 63M-2-502, Utah Code Annotated 1953
39 63M-2-503, Utah Code Annotated 1953
40 63M-2-504, Utah Code Annotated 1953
41 63M-2-601, Utah Code Annotated 1953
42 63M-2-602, Utah Code Annotated 1953
43 63M-2-701, Utah Code Annotated 1953
44 63M-2-702, Utah Code Annotated 1953
45 63M-2-703, Utah Code Annotated 1953
46 63M-2-704, Utah Code Annotated 1953
47 63M-2-705, Utah Code Annotated 1953
48 63M-2-801, Utah Code Annotated 1953
49 63M-2-802, Utah Code Annotated 1953
50 REPEALS AND REENACTS:
51 63M-2-302, as last amended by Laws of Utah 2015, Chapter 357
52 RENUMBERS AND AMENDS:
53 63M-2-803, (Renumbered from 63M-2-402, as last amended by Laws of Utah 2015,
54 Chapter 357)
55 REPEALS:
56 63M-2-201, as last amended by Laws of Utah 2014, Chapter 186
57 63M-2-202, as last amended by Laws of Utah 2015, Chapter 357
58 63M-2-203, as last amended by Laws of Utah 2014, Chapter 186
59 63M-2-204, as last amended by Laws of Utah 2015, Chapter 357
60 63M-2-303, as last amended by Laws of Utah 2014, Chapter 186
61 63M-2-401, as last amended by Laws of Utah 2015, Chapter 357
62
63 Be it enacted by the Legislature of the state of Utah:
64 Section 1. Section 63A-5-305 is amended to read:
65 63A-5-305. Leasing by higher education institutions.
66 (1) The Board of Regents shall establish written policies and procedures governing
67 leasing by higher education institutions.
68 (2) Except as provided in [
69 higher education institution shall comply with the procedures and requirements of the Board of
70 Regents' policies before signing or renewing [
71 Section 2. Section 63J-1-602.4 is amended to read:
72 63J-1-602.4. List of nonlapsing funds and accounts -- Title 61 through Title 63N.
73 (1) Funds paid to the Division of Real Estate for the cost of a criminal background
74 check for a mortgage loan license, as provided in Section 61-2c-202.
75 (2) Funds paid to the Division of Real Estate for the cost of a criminal background
76 check for principal broker, associate broker, and sales agent licenses, as provided in Section
77 61-2f-204.
78 (3) Certain funds donated to the Department of Human Services, as provided in
79 Section 62A-1-111.
80 (4) Appropriations from the National Professional Men's Basketball Team Support of
81 Women and Children Issues Restricted Account created in Section 62A-1-202.
82 (5) Certain funds donated to the Division of Child and Family Services, as provided in
83 Section 62A-4a-110.
84 (6) Appropriations from the Choose Life Adoption Support Restricted Account created
85 in Section 62A-4a-608.
86 (7) Appropriations to the Division of Services for People with Disabilities, as provided
87 in Section 62A-5-102.
88 (8) Appropriations to the Division of Fleet Operations for the purpose of upgrading
89 underground storage tanks under Section 63A-9-401.
90 (9) A portion of the funds appropriated to the Utah Seismic Safety Commission, as
91 provided in Section 63C-6-104.
92 (10) Funds appropriated or collected for publishing the Division of Administrative
93 Rules' publications, as provided in Section 63G-3-402.
94 (11) The Immigration Act Restricted Account created in Section 63G-12-103.
95 (12) Money received by the military installation development authority, as provided in
96 Section 63H-1-504.
97 (13) Appropriations to the Utah Science Technology and Research Initiative created in
98 Section 63M-2-301.
99 [
100 Enterprise Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
101 [
102 [
103 Athletic Commission, as provided under Section 63N-10-301.
104 Section 3. Section 63M-2-102 is amended to read:
105 63M-2-102. Definitions.
106 As used in this chapter:
107 [
108
109
110 [
111 [
112 [
113 Subsection 63M-2-301(9).
114 (2) "Governing authority" means the Utah Science Technology and Research
115 Governing Authority created in Section 63M-2-301.
116 (3) "Higher education institution" means an institution listed in Section 53B-2-101.
117 (4) "Principal researcher" means an individual who:
118 (a) (i) on May 10, 2016, is employed, alone or as part of a research team, by a research
119 university;
120 (ii) before May 10, 2016, received funding from USTAR for some or all of the
121 researcher's startup costs or research university salary;
122 (iii) was recruited by a research university to become a member of a research
123 university's faculty; and
124 (iv) on or after May 10, 2016, continues to receive USTAR support; or
125 (b) (i) is employed on or after May 10, 2016 as a researcher by a higher education
126 institution;
127 (ii) receives USTAR support; and
128 (iii) is recruited by the governing authority and the higher education institution to
129 become a member of the higher education institution's faculty.
130 (5) "Private entity":
131 (a) means a privately owned corporation, limited liability company, partnership, or
132 other business entity or association; and
133 (b) does not include an individual or a sole proprietorship.
134 [
135
136 (a) for which the governing authority holds title; and
137 (b) that is located on the campus of a research university.
138 [
139 (a) the University of Utah [
140 (b) Utah State University.
141 [
142
143 [
144
145 [
146 Initiative created in Section 63M-2-301.
147 [
148
149 (9) "USTAR researcher" means:
150 (a) a principal researcher; or
151 (b) an individual, other than a principal researcher, who:
152 (i) is employed by a higher education institution; and
153 (ii) receives USTAR support.
154 (10) "USTAR support" means assistance provided by USTAR including:
155 (a) financial support;
156 (b) technical assistance;
157 (c) mentoring; and
158 (d) the use of:
159 (i) research or laboratory space controlled by USTAR in a building other than a
160 research building; and
161 (ii) equipment in space described in Subsection (10)(d)(i).
162 Section 4. Section 63M-2-301 is amended to read:
163 63M-2-301. The Utah Science Technology and Research Initiative -- Governing
164 authority -- Executive director.
165 (1) There is created the Utah Science Technology and Research Initiative.
166 (2) To oversee [
167 created the Utah Science Technology and Research Governing Authority consisting of:
168 (a) the state treasurer or the state treasurer's designee[
169 (b) the executive director of the Governor's Office of Economic Development[
170
171 [
172 [
173 [
174 [
175 (3) (a) [
176 serve four-year staggered terms.
177 [
178 (i) may not serve more than two full consecutive terms[
179 [
180 (ii) may be removed from the [
181 member's term is completed:
182 (A) at the discretion of the original appointing authority; and
183 (B) after [
184 authority.
185 [
186
187
188 (4) [
189 appointed position under Subsection (2)(c), (d), (e), or (f) shall be filled for the unexpired term
190 by the appointing authority in the same manner as the original appointment [
191
192 (5) (a) [
193 the Senate, shall select the chair of the governing authority to serve a one-year term.
194 (b) The governor may extend the term of a sitting chair of the governing authority
195 without the consent of the Senate.
196 (c) The executive director of the Governor's Office of Economic Development shall
197 serve as the vice chair of the governing authority.
198 (6) The governing authority shall meet at least six times each year and may meet more
199 frequently at the request of a majority of the members of the governing authority.
200 (7) Five members of the governing authority are a quorum.
201 (8) A member of the governing authority may not receive compensation or benefits for
202 the member's service, but may receive per diem and travel expenses as allowed in:
203 (a) Section 63A-3-106;
204 (b) Section 63A-3-107; and
205 (c) rules made by the Division of Finance [
206 (i) pursuant to Sections 63A-3-106 and 63A-3-107[
207 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
208 (9) (a) After consultation with the [
209 the consent of the Senate, shall appoint a full-time executive director to provide staff support
210 for the [
211 (b) The executive director is an at-will employee who may be terminated with or
212 without cause by:
213 (i) the governor; or [
214 (ii) majority vote of the [
215 Section 5. Section 63M-2-302 is repealed and reenacted to read:
216 63M-2-302. USTAR governing authority powers and duties.
217 (1) The governing authority shall:
218 (a) ensure that funds appropriated to USTAR are used appropriately, effectively, and
219 efficiently in accordance with this chapter;
220 (b) in cooperation with a research university's administration, work to expand research
221 at the research university;
222 (c) enhance technology transfer and commercialization of research and technology
223 developed at a higher education institution to create high-quality jobs and new industries in the
224 private sector in the state;
225 (d) ensure that USTAR programs do not duplicate existing or planned programs of
226 other state agencies;
227 (e) establish written economic development objectives for USTAR that are measurable
228 and verifiable;
229 (f) consider input from the Governor's Office of Economic Development and higher
230 education institutions;
231 (g) establish and administer a grant program, as provided in Section 63M-2-503, and
232 provide USTAR support, as provided in Section 63M-2-504, consistent with and to further
233 economic development objectives that the governing authority establishes; and
234 (h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
235 make rules to implement this chapter.
236 (2) The governing authority may:
237 (a) in addition to receiving money appropriated by the Legislature, receive
238 contributions to USTAR from any source, in the form of money, property, labor, or other thing
239 of value;
240 (b) subject to restrictions imposed by a donor or legislative appropriation, allocate
241 money for programs and activities described in this chapter;
242 (c) enter into an agreement necessary to obtain private equity investment in USTAR;
243 (d) charge and collect rent for space in a facility or building that USTAR controls;
244 (e) in fulfilling the governing authority's duties and responsibilities under this chapter,
245 collaborate with:
246 (i) the Governor's Office of Economic Development and other state agencies with an
247 interest in economic development; and
248 (ii) private entities with an interest in economic development; and
249 (f) delegate powers and duties to the executive director.
250 (3) A state agency, higher education institution, or political subdivision with which the
251 governing authority seeks to collaborate in fulfilling the governing authority's duties under this
252 chapter shall cooperate with the governing authority as reasonably necessary to enable the
253 governing authority to fulfill its duties under this chapter.
254 Section 6. Section 63M-2-302.5 is amended to read:
255 63M-2-302.5. USTAR governing authority requirements.
256 The [
257 agency and is:
258 (1) an agency for purposes of Title 63J, Chapter 1, Budgetary Procedures Act;
259 (2) an executive branch procurement unit for purposes of Title 63G, Chapter 6a, Utah
260 Procurement Code;
261 (3) a governmental entity for purposes of Title 63G, Chapter 2, Government Records
262 Access and Management Act; and
263 (4) a public body for purposes of Title 52, Chapter 4, Open and Public Meetings Act.
264 Section 7. Section 63M-2-501 is enacted to read:
265
266 63M-2-501. Title.
267 This part is known as "USTAR Support."
268 Section 8. Section 63M-2-502 is enacted to read:
269 63M-2-502. Principal researchers -- Agreement requirements -- Discontinuing
270 funding.
271 (1) Subject to legislative appropriation, the governing authority shall:
272 (a) provide funding to help a research university honor its commitments to principal
273 researchers employed by the research university; and
274 (b) give priority to funding provided under Subsection (1)(a).
275 (2) The governing authority shall enter into a written agreement with a higher
276 education institution that employs a principal researcher:
277 (a) establishing performance standards and expectations for a principal researcher; and
278 (b) requiring the higher education institution to require a principal researcher to comply
279 with reporting requirements set forth in Section 63M-2-702.
280 (3) (a) A principal researcher may not be hired on or after May 10, 2016 without the
281 approval of the governing authority and the higher education institution.
282 (b) A higher education institution that enters into or renews an agreement with a
283 principal researcher on or after May 10, 2016 shall include in the agreement:
284 (i) a specific time period for the commitment of USTAR funding;
285 (ii) the amount of USTAR funding committed to the higher education institution for
286 the principal researcher, specifying the purpose of the funding;
287 (iii) an acknowledgment that the principal researcher understands and agrees to the
288 reporting requirements and performance standards under this chapter; and
289 (iv) the governing authority's written approval of the terms of the new or renewed
290 agreement.
291 (4) The governing authority may not allocate money to a higher education institution
292 for a principal researcher unless the higher education institution provides the reporting required
293 under Section 63M-2-702.
294 (5) The governing authority may discontinue allocating money to a higher education
295 institution for a principal researcher if the governing authority and the president of the higher
296 education institution employing the principal researcher agree in writing that:
297 (a) the principal researcher:
298 (i) fails to meet the performance standards and expectations established under
299 Subsection (2)(a);
300 (ii) receives a reasonable opportunity to remedy the failure to meet performance
301 standards and expectations; and
302 (iii) fails to remedy the failure to meet performance standards and expectations; and
303 (b) under the circumstances, discontinuing USTAR funding to the higher education
304 institution for the principal researcher is appropriate and justified.
305 Section 9. Section 63M-2-503 is enacted to read:
306 63M-2-503. USTAR grant programs.
307 (1) The governing authority shall establish at least one competitive grant program that:
308 (a) is designed to:
309 (i) address market gaps in technology development in the state; or
310 (ii) facilitate research and development of promising technologies;
311 (b) does not overlap with or duplicate other state funded programs; and
312 (c) offers grants, on a competitive basis, to:
313 (i) researchers employed by higher education institutions;
314 (ii) private entities; or
315 (iii) partnerships between researchers employed by higher education institutions and
316 private entities.
317 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
318 governing authority shall make rules that describe, for each grant program:
319 (a) the purpose;
320 (b) eligibility criteria to receive a grant;
321 (c) how the governing authority determines which proposals receive grants;
322 (d) reporting requirements in accordance with Part 7, Reporting by Recipients of
323 USTAR Support; and
324 (e) other information the governing authority determines is necessary or appropriate.
325 (3) The governing authority:
326 (a) shall solicit proposals for each grant program; and
327 (b) may, subject to legislative appropriation and Subsection 63M-2-502(1)(b), award
328 grants for each program.
329 (4) In evaluating a grant proposal received in response to a solicitation under this
330 section, the governing authority shall consider, as applicable:
331 (a) the extent to which the planned research has the potential for commercialization;
332 (b) the market gap the technology or research fills; and
333 (c) other factors the governing authority determines are relevant, important, or
334 necessary.
335 (5) The governing authority shall require a recipient of a grant under this section, as a
336 condition of receiving a grant, to comply with the reporting requirements described in:
337 (a) Section 63M-2-702, for a USTAR researcher; or
338 (b) Section 63M-2-703, for a private entity or for a partnership between a USTAR
339 researcher and a private entity.
340 Section 10. Section 63M-2-504 is enacted to read:
341 63M-2-504. Other USTAR support.
342 (1) The governing authority shall:
343 (a) provide mentoring, networking, and entrepreneurial training for a private entity or
344 USTAR researcher to help take a new technology to market;
345 (b) provide support to a private entity or USTAR researcher in assessing the potential
346 for bringing a technology to market; and
347 (c) encourage industry partnerships between a private entity and a USTAR researcher.
348 (2) The governing authority shall require a recipient of USTAR support under this
349 section, as a condition of receiving USTAR support, to comply with the reporting requirements
350 in:
351 (a) Section 63M-2-702, for a USTAR researcher; or
352 (b) Section 63M-2-703, for a private entity or for a partnership between a USTAR
353 researcher and a private entity.
354 Section 11. Section 63M-2-601 is enacted to read:
355
356 63M-2-601. Title.
357 This part is known as "Research Buildings."
358 Section 12. Section 63M-2-602 is enacted to read:
359 63M-2-602. Lease agreement for a research building -- Requirements for lease
360 agreement.
361 (1) The governing authority shall enter into a written lease agreement with a research
362 university to lease to the research university a research building constructed on the research
363 university's campus.
364 (2) A lease agreement under Subsection (1) shall:
365 (a) require the research university to pay the ongoing operation and maintenance
366 expenses associated with the research building, including for any infrastructure in the research
367 building; and
368 (b) subject to the reporting requirements described in Section 63M-2-705, permit the
369 research university to use or rent space within the research building for research other than
370 research receiving USTAR support, including research by a private entity.
371 Section 13. Section 63M-2-701 is enacted to read:
372
373 63M-2-701. Title.
374 This part is known as "Reporting by Recipients of USTAR Support."
375 Section 14. Section 63M-2-702 is enacted to read:
376 63M-2-702. Reporting requirements for higher education institutions.
377 (1) Except as provided in Subsection (3), on or before September 1 each year, a higher
378 education institution employing a USTAR researcher shall submit a written report to the
379 governing authority.
380 (2) A report under Subsection (1) shall contain information on:
381 (a) collaborations established by a USTAR researcher with other researchers;
382 (b) the amount and source of funding, other than USTAR funding, expended on a
383 USTAR researcher's research program, including:
384 (i) federal funds;
385 (ii) philanthropic or nonprofit funds;
386 (iii) industry funds; and
387 (iv) state funds other than USTAR funds, including funds from a higher education
388 institution;
389 (c) a copy of each:
390 (i) technology disclosure that a USTAR researcher files with a higher education
391 institution;
392 (ii) license agreement that the higher education institution enters into with respect to a
393 technology developed by a USTAR researcher, including any current, expired, or breached
394 license; and
395 (iii) patent filed by the higher education institution based on technology developed by a
396 USTAR researcher;
397 (d) publications in which a USTAR researcher participated, including a citation for
398 each peer reviewed publication;
399 (e) the number of research jobs maintained by a USTAR researcher's research program
400 and average wages paid to those holding those jobs;
401 (f) expenses paid using USTAR funds, including:
402 (i) salary and benefits for a USTAR researcher or staff;
403 (ii) operational expenses;
404 (iii) capital equipment expenses; and
405 (iv) travel; and
406 (g) compensation, including salary and benefits, that a USTAR researcher received
407 from a publicly funded source other than USTAR funds.
408 (3) The governing authority may make rules, in accordance with Title 63G, Chapter 3,
409 Utah Administrative Rulemaking Act, to simplify or eliminate the reporting requirements
410 described in this section for a USTAR researcher who has received less than $100,000 in
411 cumulative USTAR funding for a particular line of research.
412 Section 15. Section 63M-2-703 is enacted to read:
413 63M-2-703. Reporting requirements for private entities.
414 (1) On or before September 1 of each year, the governing authority shall collect the
415 information described in Subsection (2) from each private entity that:
416 (a) receives USTAR support;
417 (b) receives more than 20 hours of training from USTAR;
418 (c) purchases a private entity that previously received USTAR support; or
419 (d) licenses a technology developed by a USTAR researcher.
420 (2) The governing authority shall collect information on:
421 (a) public or private investment received by the private entity after the private entity:
422 (i) begins to receive USTAR support;
423 (ii) licenses a technology from a USTAR researcher; or
424 (iii) purchases a private entity that previously received USTAR support;
425 (b) sales or revenue generated by the product or technology;
426 (c) the number of jobs created by the private entity and the average wage for each
427 position; and
428 (d) the location of the private entity.
429 (3) (a) To collect the information described in Subsection (2), the governing authority
430 shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, contract with an
431 independent third party to conduct a survey of each private entity described in Subsection (1).
432 (b) The independent third party selected under Subsection (3)(a) shall use industry
433 standard practices to collect the information described in Subsection (2).
434 (4) The governing authority and Department of Workforce Services shall coordinate to
435 verify the job and average wage information described in Subsection (2)(c).
436 Section 16. Section 63M-2-704 is enacted to read:
437 63M-2-704. Reporting on licensed or acquired intellectual property.
438 In an agreement between an institution of higher education and a private entity that
439 licenses or acquires an interest in intellectual property developed by a USTAR researcher, the
440 institution of higher education shall include a provision requiring the private entity, as a
441 condition of receiving a license or acquiring an interest in intellectual property, to comply with
442 the reporting requirements in Section 63M-2-703.
443 Section 17. Section 63M-2-705 is enacted to read:
444 63M-2-705. Reporting on use of research buildings.
445 On or before September 1 of each year, a research university shall submit a report to the
446 governing authority concerning the use, during the immediately preceding fiscal year, of the
447 research building located on the research university's campus, including:
448 (1) the name of each individual who conducts research in the research building;
449 (2) the name of each private entity that uses the research building;
450 (3) the total amount charged by the research university for the use of space or facilities
451 in the research building;
452 (4) the amount and source of funding, other than USTAR funding, received by a
453 researcher, other than a researcher that is a private entity, housed in the research building,
454 including:
455 (a) federal funding;
456 (b) state funding, including institutional funding;
457 (c) private philanthropic or nonprofit funding; and
458 (d) industry funding; and
459 (5) the number of disclosures, patents, and licenses resulting from research conducted
460 in the research building.
461 Section 18. Section 63M-2-801 is enacted to read:
462
463 63M-2-801. Title.
464 This part is known as "USTAR Reporting and Audit Requirements."
465 Section 19. Section 63M-2-802 is enacted to read:
466 63M-2-802. USTAR annual report.
467 (1) (a) On or before October 1 of each year, the governing authority shall submit an
468 annual written report for the preceding fiscal year to:
469 (i) the Business, Economic Development, and Labor Appropriations Subcommittee;
470 (ii) the Economic Development and Workforce Services Interim Committee;
471 (iii) the Business and Labor Interim Committee; and
472 (iv) the governor.
473 (b) An annual report under Subsection (1)(a) is subject to modification as provided in
474 Subsection (5) after an audit described in Section 63M-2-803 is released.
475 (2) An annual report described in Subsection (1) shall include:
476 (a) information reported to the governing authority:
477 (i) by an institution of higher education under Section 63M-2-702;
478 (ii) through the survey described in Section 63M-2-703; and
479 (iii) by a research university, under Section 63M-2-705;
480 (b) a clear description of the methodology used to arrive at any information in the
481 report that is based on an estimate;
482 (c) starting with fiscal year 2017 data as a baseline, data from previous years for
483 comparison with the annual data reported under this Subsection (2);
484 (d) relevant federal and state statutory references and requirements;
485 (e) contact information for the executive director;
486 (f) other information determined by the governing authority that promotes
487 accountability and transparency; and
488 (g) the written economic development objectives required under Subsection
489 63M-2-302(1)(e) and a description of progress or challenges in meeting the objectives.
490 (3) The governing authority shall design the annual report to provide clear, accurate,
491 and accessible information to the public, the governor, and the Legislature.
492 (4) The governing authority shall:
493 (a) submit the annual report in accordance with Section 68-3-14; and
494 (b) place a link to the annual report and previous annual reports on USTAR's website.
495 (5) Following the completion of an annual audit described in Section 63M-2-803, the
496 governing authority shall:
497 (a) publicly issue a revised annual report that:
498 (i) addresses the audit;
499 (ii) responds to audit findings; and
500 (iii) incorporates any revisions to the annual report based on audit findings;
501 (b) publish the revised annual report on USTAR's website, with a link to the audit; and
502 (c) provide written notification of any revisions of the annual report to:
503 (i) the Business, Economic Development, and Labor Appropriations Subcommittee;
504 (ii) the Economic Development and Workforce Services Interim Committee;
505 (iii) the Business and Labor Interim Committee; and
506 (iv) the governor.
507 (6) In addition to the annual written report described in this section, the governing
508 authority shall:
509 (a) provide information and progress reports to a legislative committee upon request;
510 and
511 (b) on or before October 1, 2019, and every five years after October 1, 2019, include
512 with the annual report described in this section a written analysis and recommendations
513 concerning the usefulness of the information required in the annual report and USTAR's
514 ongoing effectiveness, including whether:
515 (i) the reporting requirements are effective at measuring USTAR's performance;
516 (ii) the reporting requirements should be modified; and
517 (iii) USTAR is beneficial to the state and should continue.
518 Section 20. Section 63M-2-803, which is renumbered from Section 63M-2-402 is
519 renumbered and amended to read:
520 [
521 (1) [
522 USTAR [
523 (2) (a) As approved by the Legislative Audit Subcommittee, the audit shall be
524 conducted by:
525 (i) the legislative auditor; or
526 (ii) an independent auditor engaged by the legislative auditor.
527 (b) An independent auditor used under Subsection (2)(a)(ii) may not have a direct
528 financial conflict of interest with [
529 authority.
530 (3) The [
531 audit.
532 (4) The annual audit shall:
533 (a) include a verification of the accuracy of the information required to be included in
534 the annual report described in Section [
535 (b) be completed by [
536 under Subsection (1).
537 Section 21. Repealer.
538 This bill repeals:
539 Section 63M-2-201, Science technology research buildings.
540 Section 63M-2-202, Technology outreach innovation program.
541 Section 63M-2-203, Research teams.
542 Section 63M-2-204, Financial participation agreement.
543 Section 63M-2-303, USTAR Governing Authority Advisory Council -- Chair --
544 Meetings.
545 Section 63M-2-401, Reporting requirements.