Senator Don L. Ipson proposes the following substitute bill:


1     
RURAL ECONOMIC DEVELOPMENT INCENTIVES

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Don L. Ipson

6     Cosponsor:
V. Lowry Snow

7     

8     LONG TITLE
9     General Description:
10          This bill creates the Rural Employment Expansion Program within the Governor's
11     Office of Economic Development.
12     Highlighted Provisions:
13          This bill:
14          ▸     authorizes a rural employment expansion grant for the creation of new jobs in
15     counties of the fourth, fifth, or sixth class;
16          ▸     requires the Governor's Office of Economic Development to administer the grant;
17          ▸     describes the qualifications and process to receive a rural employment expansion
18     grant;
19          ▸     defines terms; and
20          ▸     provides a sunset date.
21     Money Appropriated in this Bill:
22          This bill appropriates in fiscal year 2019:
23          ▸     to the Governor's Office of Economic Development -- Rural Employment
24     Expansion Program as an ongoing appropriation:

25               •     from the General Fund, $728,000.
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          63I-1-263, as last amended by Laws of Utah 2017, Chapters 23, 47, 95, 166, 205, 469,
31     and 470
32          63J-1-602.4, as last amended by Laws of Utah 2017, Chapters 253, 430, and 470
33     ENACTS:
34          63N-4-401, Utah Code Annotated 1953
35          63N-4-402, Utah Code Annotated 1953
36          63N-4-403, Utah Code Annotated 1953
37          63N-4-404, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 63I-1-263 is amended to read:
41          63I-1-263. Repeal dates, Titles 63A to 63N.
42          (1) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
43          (2) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
44          (3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
45     1, 2018.
46          (4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
47     repealed November 30, 2019.
48          (5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
49     2020.
50          (6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
51     repealed July 1, 2021.
52          (7) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
53     2018.
54          (8) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
55     2023.

56          (9) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
57     2020.
58          (10) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
59          (11) On July 1, 2025:
60          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
61     Development Coordinating Committee," is repealed;
62          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
63     sites for the transplant of species to local government officials having jurisdiction over areas
64     that may be affected by a transplant.";
65          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
66     Coordinating Committee" is repealed;
67          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
68     Coordinating Committee created in Section 63J-4-501 and" is repealed;
69          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
70     Coordinating Committee and" is repealed;
71          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
72     accordingly;
73          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
74          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
75     word "and" is inserted immediately after the semicolon;
76          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
77          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
78     and
79          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
80     renumbered accordingly.
81          (12) (a) Subsection 63J-1-602.4(15) is repealed July 1, 2022.
82          (b) When repealing Subsection 63J-1-602.4(15), the Office of Legislative Research and
83     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
84     necessary changes to subsection numbering and cross references.
85          (13) The Crime Victim Reparations and Assistance Board, created in Section
86     63M-7-504, is repealed July 1, 2027.

87          (14) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2027.
88          (15) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
89          (16) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
90     repealed January 1, 2021.
91          (b) Subject to Subsection (16)(c), Sections 59-7-610 and 59-10-1007 regarding tax
92     credits for certain persons in recycling market development zones, are repealed for taxable
93     years beginning on or after January 1, 2021.
94          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
95          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
96     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
97          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
98     the expenditure is made on or after January 1, 2021.
99          (d) Notwithstanding Subsections (16)(b) and (c), a person may carry forward a tax
100     credit in accordance with Section 59-7-610 or 59-10-1007 if:
101          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
102          (ii) (A) for the purchase price of machinery or equipment described in Section
103     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
104     2020; or
105          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
106     expenditure is made on or before December 31, 2020.
107          (17) Section 63N-2-512 is repealed on July 1, 2021.
108          (18) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
109     January 1, 2021.
110          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
111     calendar years beginning on or after January 1, 2021.
112          (c) Notwithstanding Subsection (18)(b), an entity may carry forward a tax credit in
113     accordance with Section 59-9-107 if:
114          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
115     31, 2020; and
116          (ii) the qualified equity investment that is the basis of the tax credit is certified under
117     Section 63N-2-603 on or before December 31, 2023.

118          (19) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
119     July 1, 2023.
120          [(19)] (20) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
121     Program, is repealed January 1, 2023.
122          [(20)] (21) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
123     July 1, 2018.
124          [(21)] (22) Title 63N, Chapter 12, Part 4, Career and Technical Education Board, is
125     repealed July 1, 2018.
126          Section 2. Section 63J-1-602.4 is amended to read:
127          63J-1-602.4. List of nonlapsing funds and accounts -- Title 61 through Title 63N.
128          (1) Funds paid to the Division of Real Estate for the cost of a criminal background
129     check for a mortgage loan license, as provided in Section 61-2c-202.
130          (2) Funds paid to the Division of Real Estate for the cost of a criminal background
131     check for principal broker, associate broker, and sales agent licenses, as provided in Section
132     61-2f-204.
133          (3) Certain funds donated to the Department of Human Services, as provided in
134     Section 62A-1-111.
135          (4) Appropriations from the National Professional Men's Basketball Team Support of
136     Women and Children Issues Restricted Account created in Section 62A-1-202.
137          (5) Certain funds donated to the Division of Child and Family Services, as provided in
138     Section 62A-4a-110.
139          (6) Appropriations from the Choose Life Adoption Support Restricted Account created
140     in Section 62A-4a-608.
141          (7) Appropriations to the Division of Services for People with Disabilities, as provided
142     in Section 62A-5-102.
143          (8) Appropriations to the Division of Fleet Operations for the purpose of upgrading
144     underground storage tanks under Section 63A-9-401.
145          (9) A portion of the funds appropriated to the Utah Seismic Safety Commission, as
146     provided in Section 63C-6-104.
147          (10) Funds appropriated or collected for publishing the Office of Administrative Rules'
148     publications, as provided in Section 63G-3-402.

149          (11) The Immigration Act Restricted Account created in Section 63G-12-103.
150          (12) Money received by the military installation development authority, as provided in
151     Section 63H-1-504.
152          (13) Appropriations from the Computer Aided Dispatch Restricted Account created in
153     Section 63H-7a-303.
154          (14) Appropriations from the Unified Statewide 911 Emergency Service Account
155     created in Section 63H-7a-304.
156          (15) Appropriations from the Utah Statewide Radio System Restricted Account created
157     in Section 63H-7a-403.
158           (16) The Employability to Careers Program Restricted Account created in Section
159     63J-4-703.
160          (17) Appropriations to the Utah Science Technology and Research Initiative created in
161     Section 63M-2-301.
162          (18) Appropriations to fund the Governor's Office of Economic Development's
163     Enterprise Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
164          (19) Funds collected for directing and administering the C-PACE district created in
165     Section 11-42a-302.
166          (20) Appropriations to fund the Governor's Office of Economic Development's Rural
167     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
168     Employment Expansion Program.
169          [(20)] (21) The Motion Picture Incentive Account created in Section 63N-8-103.
170          [(21)] (22) Certain money payable for commission expenses of the Pete Suazo Utah
171     Athletic Commission, as provided under Section 63N-10-301.
172          Section 3. Section 63N-4-401 is enacted to read:
173     
Part 4. Rural Employment Expansion Program

174          63N-4-401. Title.
175          This part is known as the "Rural Employment Expansion Program."
176          Section 4. Section 63N-4-402 is enacted to read:
177          63N-4-402. Definitions.
178          As used in this part:
179          (1) (a) "Business entity" means a sole proprietorship, partnership, association, joint

180     venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
181     a business.
182          (b) "Business entity" does not include a business primarily engaged in the following:
183          (i) construction;
184          (ii) staffing;
185          (iii) retail trade; or
186          (iv) public utility activities.
187          (2) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or
188     grandchild.
189          (3) "New full-time employee position" means a position that has been newly created in
190     addition to the highest baseline count of employment positions that existed within a business
191     entity during the previous taxable year and is filled by an employee working at least 30 hours
192     per week:
193          (a) in a county of the fourth, fifth, or sixth class;
194          (b) for a period of at least 12 consecutive months;
195          (c) in a position that does not primarily involve:
196          (i) construction;
197          (ii) retail trade; or
198          (iii) public utility activities;
199          (d) where the annual gross wage of the position, not including healthcare or other paid
200     or unpaid benefits, is at least 125% of the average wage of the county in which the position
201     exists; and
202          (e) who is not an immediate family member of an owner or officer of the business
203     entity.
204          (4) (a) "Owner or officer" means an individual who owns an ownership interest in an
205     entity or holds a position where the person has authority to manage, direct, control, or make
206     decisions for:
207          (i) the entity or a portion of the entity; or
208          (ii) an employee, agent, or independent contractor of the entity.
209          (b) "Owner or officer" includes:
210          (i) a member of a board of directors or other governing body of an entity; or

211          (ii) a partner in any type of partnership.
212          (5) "Rural employment expansion grant" means a grant available under this part.
213          Section 5. Section 63N-4-403 is enacted to read:
214          63N-4-403. Duties of the office.
215          (1) The office shall:
216          (a) review a business entity's application for a rural employment expansion grant under
217     this part in the order in which the application is received by the office;
218          (b) ensure that a rural employment expansion grant is only awarded to a business entity
219     that meets the requirements of this part; and
220          (c) as part of the annual written report described in Section 63N-1-301, prepare an
221     annual evaluation that provides:
222          (i) the identity of each business entity that was provided a rural employment expansion
223     grant by the office during the year of the annual report;
224          (ii) the total amount awarded in rural employment expansion grants for each county;
225     and
226          (iii) an evaluation of the effectiveness of the rural employment expansion grant in
227     bringing significant new employment to rural communities.
228          (2) The office may:
229          (a) authorize a rural employment expansion grant for a business entity under this part;
230          (b) audit a business entity to ensure:
231          (i) eligibility for a rural employment expansion grant; and
232          (ii) compliance with this part; and
233          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
234     in accordance with the provisions of this part, make rules regarding the:
235          (i) form and content of an application for a rural employment expansion grant;
236          (ii) documentation or other requirements for a business entity to receive a rural
237     employment expansion grant; and
238          (iii) administration of rural employment expansion grants, including an appeal process
239     and relevant timelines and deadlines.
240          Section 6. Section 63N-4-404 is enacted to read:
241          63N-4-404. Rural employment expansion grant application process.

242          (1) For a fiscal year beginning on or after July 1, 2018, a business entity seeking to
243     receive a rural employment expansion grant as provided in this part shall provide the office
244     with an application for a rural employment expansion grant in a form approved by the office
245     that includes:
246          (a) a certification, by an officer of the business entity, of each signature on the
247     application;
248          (b) a document that specifies the projected number and anticipated wage level of the
249     new full-time employee positions that the business entity plans to create as the basis for
250     qualifying for a rural employment expansion grant; and
251          (c) any additional information required by the office.
252          (2) (a) If, after review of an application provided by a business entity as described in
253     Subsection (1), the office determines that the application is inadequate to provide a reasonable
254     justification for authorizing the rural employment expansion grant, the office shall:
255          (i) deny the application; or
256          (ii) inform the business entity that the application is inadequate and ask the business
257     entity to submit additional documentation.
258          (b) (i) If the office denies an application, the business entity may appeal the denial to
259     the office.
260          (ii) The office shall review any appeal within 10 business days and make a final
261     determination of the business entity's eligibility for a grant under this part.
262          (3) If, after review of an application provided by a business entity as described in
263     Subsection (1), the office determines that the application provides reasonable justification for
264     authorizing a rural employment expansion grant and if there are available funds for the grant,
265     the office shall enter into a written agreement with the business entity that:
266          (a) indicates the maximum rural employment expansion grant amount the business
267     entity is authorized to receive;
268          (b) includes a document signed by an officer of the business entity that expressly
269     directs and authorizes the State Tax Commission to disclose to the office the business entity's
270     tax returns and other information that would otherwise be subject to confidentiality under
271     Section 59-1-403 or Section 6103, Internal Revenue Code;
272          (c) describes the documentation required to demonstrate that the business entity has

273     created the new full-time employee positions described in the application provided under
274     Subsection (1); and
275          (d) specifies the deadlines to provide the documentation described in Subsection (3)(c).
276          (4) (a) Subject to available funds, the office may award a rural employment expansion
277     grant to a business entity as follows:
278          (i) $4,000 for each new full-time employee position in a county where the average
279     county wage is equal to or greater than the state average wage;
280          (ii) $5,000 for each new full-time employee position in a county where the average
281     county wage is between 85% and 99% of the state average wage; and
282          (iii) $6,000 for each new full-time employee position in a county where the average
283     county wage is less than 85% of the state average wage.
284          (b) A business entity may qualify for no more than $25,000 in rural employment
285     expansion grants in any fiscal year.
286          (5) (a) Subject to available funds, the office shall award a business entity a grant in the
287     amount allowed under this part if the business entity provides documentation to the office:
288          (i) in a form prescribed by the office under Subsection (3)(c);
289          (ii) before the deadline described in Subsection (3)(d); and
290          (iii) that demonstrates that the business applicant has created new full-time employee
291     positions.
292          (b) If a business entity does not provide the documentation described in Subsection
293     (3)(c) before the deadline described in Subsection (3)(d), the business entity is ineligible to
294     receive a rural employment expansion grant unless the business entity submits a new
295     application to be reviewed by the office in accordance with Subsection 63N-2-903(1)(a).
296          Section 7. Appropriation.
297          The following sums of money are appropriated for the fiscal year beginning July 1,
298     2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
299     fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
300     Act, the Legislature appropriates the following sums of money from the funds or accounts
301     indicated for the use and support of the government of the state of Utah.
302          To Governor's Office of Economic Development -- Rural Employment Expansion
303           Program

304               From General Fund
$728,000

305               Schedule of Programs:
306                    Rural Employment Expansion Program     $728,000
307          Under Section 63J-1-602, the Legislature intends that appropriations provided under
308     this section not lapse at the close of fiscal year 2019.