This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 24, 2020 at 3:28 PM by lpoole.
Senator Scott D. Sandall proposes the following substitute bill:


1     
ECONOMIC DEVELOPMENT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
House Sponsor: Carl R. Albrecht

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to economic development.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms, including "rural county";
13          ▸     creates the Rural County Grant Program (grant program);
14          ▸     describes the requirements for a rural county to apply for a grant under the grant
15     program;
16          ▸     requires each rural county that seeks to participate in the grant program to create a
17     County Economic Development Advisory Board (CED board) and describes the
18     membership and duties of a CED board;
19          ▸     describes the requirements of the Governor's Rural Partnership Board and the Office
20     of Rural Development in administering the grant program;
21          ▸     moves the provisions of the Recycling Market Development Zone Act from the
22     Governor's Office of Economic Development to the Department of Environmental
23     Quality;
24          ▸     repeals provisions of the Utah Science Technology and Research Governing
25     Authority Act;

26          ▸     modifies provisions related to certain GOED administered economic development
27     programs;
28          ▸     repeals provisions related to certain GOED administered economic development
29     programs, which has the effect of ending those programs; and
30          ▸     makes technical changes.
31     Money Appropriated in this Bill:
32          This bill appropriates in fiscal year 2020:
33          ▸     to the General Fund Restricted -- Support Programs -- Incubation Programs, as a
34     one-time appropriation:
35               •     from the General Fund, ($1,436,200);
36          ▸     to the Utah Science Technology and Research Governing Authority -- Grant
37     Programs -- Industry Partnership Program, as a one-time appropriation:
38               •     from the General Fund, ($1,765,200);
39          ▸     to the Utah Science Technology and Research Governing Authority -- USTAR
40     Administration, as a one-time appropriation:
41               •     from the General Fund, ($1,512,500); and
42          ▸     to the General Fund Restricted -- Workforce Development Restricted Account, as a
43     one-time appropriation:
44               •     from the General Fund, ($14,636,900).
45          This bill appropriates in fiscal year 2021:
46          ▸     to the General Fund Restricted -- Workforce Development Restricted Account, as
47     an ongoing appropriation:
48               •     from the General Fund, ($14,636,900);
49          ▸     to the Governor's Office of Economic Development -- Rural County Grant Program,
50     as an ongoing appropriation:
51               •     from the General Fund, $10,000,000;
52          ▸     to the Governor's Office of Economic Development -- Pass-through, as an ongoing
53     appropriation:
54               •     from the General Fund, ($385,600); and
55               •     from Dedicated Credits Revenue, ($16,200); and
56          ▸     to the Governor's Office of Economic Development -- SBIR/STTR Center, as an

57     ongoing appropriation:
58               •     from the General Fund, $385,600; and
59               •     from Dedicated Credits Revenue, $16,200.
60     Other Special Clauses:
61          This bill provides retrospective operation.
62          This bill provides a special effective date.
63          This bill provides coordination clauses.
64     Utah Code Sections Affected:
65     AMENDS:
66          53B-17-1101, as enacted by Laws of Utah 2018, Chapter 453
67          53B-18-1601, as enacted by Laws of Utah 2018, Chapter 453
68          59-7-610, as last amended by Laws of Utah 2019, Chapter 247
69          59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
70          63A-3-110, as last amended by Laws of Utah 2019, Chapter 211
71          63A-5-305, as last amended by Laws of Utah 2016, Chapter 240
72          63C-10-103, as last amended by Laws of Utah 2018, Chapter 204
73          63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
74     469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
75     246
76          63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
77          63N-1-501, as renumbered and amended by Laws of Utah 2015, Chapter 283
78          63N-2-203, as last amended by Laws of Utah 2017, Chapter 252
79          63N-2-204, as last amended by Laws of Utah 2016, Chapter 11
80          63N-2-208, as renumbered and amended by Laws of Utah 2015, Chapter 283
81          63N-2-213, as last amended by Laws of Utah 2019, Chapter 247
82          63N-4-104, as renumbered and amended by Laws of Utah 2015, Chapter 283
83          67-19-15, as last amended by Laws of Utah 2018, Chapters 39 and 415
84     ENACTS:
85          17-54-101, Utah Code Annotated 1953
86          17-54-102, Utah Code Annotated 1953
87          17-54-103, Utah Code Annotated 1953

88          17-54-104, Utah Code Annotated 1953
89     RENUMBERS AND AMENDS:
90          19-13-101, (Renumbered from 63N-2-401, as renumbered and amended by Laws of
91     Utah 2015, Chapter 283)
92          19-13-102, (Renumbered from 63N-2-402, as last amended by Laws of Utah 2015,
93     Chapter 30 and renumbered and amended by Laws of Utah 2015, Chapter 283)
94          19-13-103, (Renumbered from 63N-2-403, as renumbered and amended by Laws of
95     Utah 2015, Chapter 283)
96          19-13-104, (Renumbered from 63N-2-404, as renumbered and amended by Laws of
97     Utah 2015, Chapter 283)
98          19-13-105, (Renumbered from 63N-2-405, as renumbered and amended by Laws of
99     Utah 2015, Chapter 283)
100          19-13-106, (Renumbered from 63N-2-406, as renumbered and amended by Laws of
101     Utah 2015, Chapter 283)
102          19-13-107, (Renumbered from 63N-2-407, as renumbered and amended by Laws of
103     Utah 2015, Chapter 283)
104          19-13-108, (Renumbered from 63N-2-408, as renumbered and amended by Laws of
105     Utah 2015, Chapter 283)
106          19-13-109, (Renumbered from 63N-2-409, as renumbered and amended by Laws of
107     Utah 2015, Chapter 283)
108          19-13-110, (Renumbered from 63N-2-410, as renumbered and amended by Laws of
109     Utah 2015, Chapter 283)
110          19-13-111, (Renumbered from 63N-2-411, as renumbered and amended by Laws of
111     Utah 2015, Chapter 283)
112     REPEALS:
113          13-1-14, as last amended by Laws of Utah 2019, Chapter 352
114          59-7-614.11, as enacted by Laws of Utah 2017, Chapter 252
115          59-10-1039, as enacted by Laws of Utah 2017, Chapter 252
116          63M-2-101, as last amended by Laws of Utah 2015, Chapter 283
117          63M-2-102, as last amended by Laws of Utah 2019, Chapter 352
118          63M-2-301, as last amended by Laws of Utah 2019, Chapters 246 and 352

119          63M-2-302, as last amended by Laws of Utah 2019, Chapter 352
120          63M-2-302.5, as last amended by Laws of Utah 2019, Chapter 352
121          63M-2-304, as last amended by Laws of Utah 2019, Chapter 352
122          63M-2-501, as enacted by Laws of Utah 2016, Chapter 240
123          63M-2-502, as last amended by Laws of Utah 2019, Chapter 352
124          63M-2-503, as last amended by Laws of Utah 2019, Chapter 352
125          63M-2-504, as last amended by Laws of Utah 2019, Chapter 352
126          63M-2-601, as enacted by Laws of Utah 2016, Chapter 240
127          63M-2-602, as last amended by Laws of Utah 2018, Chapter 453
128          63M-2-701, as enacted by Laws of Utah 2016, Chapter 240
129          63M-2-703, as last amended by Laws of Utah 2019, Chapter 352
130          63M-2-801, as enacted by Laws of Utah 2016, Chapter 240
131          63M-2-802, as last amended by Laws of Utah 2019, Chapter 352
132          63M-2-803, as last amended by Laws of Utah 2019, Chapter 352
133          63N-2-213.5, as enacted by Laws of Utah 2017, Chapter 252
134          63N-3-104, as last amended by Laws of Utah 2019, Chapter 499
135          63N-3-104.5, as last amended by Laws of Utah 2019, Chapter 499
136     Utah Code Sections Affected by Coordination Clause:
137          59-7-610, as last amended by Laws of Utah 2019, Chapter 247
138          59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
139          63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
140     469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
141     246
142     

143     Be it enacted by the Legislature of the state of Utah:
144          Section 1. Section 17-54-101 is enacted to read:
145     
CHAPTER 54. RURAL COUNTY GRANT PROGRAM

146          17-54-101. Title.
147          This chapter is known as the "Rural County Grant Program."
148          Section 2. Section 17-54-102 is enacted to read:
149          17-54-102. Definitions.

150          (1) "CED board" means a County Economic Development Advisory Board as
151     described in Section 17-54-104.
152          (2) "Grant" means a grant available under the Rural County Grant Program created in
153     Section 17-54-103.
154          (3) "Grant program" means the Rural County Grant Program created in Section
155     17-54-103.
156          (4) "Office of Rural Development" means the Office of Rural Development created
157     within the Governor's Office of Economic Development in Section 63N-4-102.
158          (5) "Rural county" means a county of the third, fourth, fifth, or sixth class.
159          (6) "Rural partnership board" means the Governor's Rural Partnership Board created in
160     Section 63C-10-102.
161          Section 3. Section 17-54-103 is enacted to read:
162          17-54-103. Rural County Grant Program.
163          (1) There is created the Rural County Grant Program.
164          (2) The grant program shall be overseen by the rural partnership board and
165     administered by the Office of Rural Development.
166          (3) (a) In Ŝ→ [
administering] overseeing ←Ŝ the grant program, the rural partnership board
166a     shall recommend
167     the awarding of grants to rural counties to address the economic development needs of rural
168     counties, in accordance with the provisions of this chapter, which needs may include:
169          (i) business recruitment, development, and expansion;
170          (ii) workforce training and development; and
171          (iii) infrastructure and capital facilities improvements for business development.
172          (b) After reviewing the recommendations of the rural partnership board, the executive
173     director of the Governor's Office of Economic Development shall award grants to rural
174     counties in accordance with the provisions of this chapter.
175          (4) Subject to appropriations from the Legislature and subject to the reporting and
176     other requirements of this chapter, grant money shall be distributed:
177          (a) equally between all rural counties that have created a CED board, in an amount up
178     to and including $200,000 annually per county; and
179          (b) for grant money that is available after $200,000 has been provided annually to each
180     eligible rural county, through the process described in Subsection (6).

181          (5) Beginning in 2021, a rural county may not receive an additional grant under this
182     chapter unless the rural county:
183          (a) demonstrates a funding match, which may include a funding match provided by any
184     combination of a community reinvestment agency, redevelopment agency, community
185     development and renewal agency, private-sector entity, nonprofit entity, federal matching
186     grant, county or municipality general fund match, or in-kind match, and that totals:
187          (i) a 10% match for a county of the sixth class;
188          (ii) a 20% match for a county of the fifth class;
189          (iii) a 30% match for a county of the fourth class; and
190          (iv) a 40% match for a county of the third class; and
191          (b) has complied with the reporting requirements required by the rural partnership
192     board and the reporting requirements described in Subsection (9) for all previous years that the
193     county has received a grant.
194          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
195     Office of Rural Development in collaboration with the rural partnership board shall make rules
196     establishing the eligibility and reporting criteria for a rural county to receive grant money under
197     Subsection (4)(b), including:
198          (a) the form and process for a county to submit an application to the rural partnership
199     board for a grant;
200          (b) the method of scoring and prioritizing grant program applications from rural
201     counties;
202          (c) the reporting, auditing, and post-performance requirements for a rural county that
203     receives grant money; and
204          (d) any deadlines that shall be met by a rural county when applying for a grant.
205          (7) In determining the award of grant money under Subsection (4)(b), the rural
206     partnership board may not recommend the awarding of more than $800,000 annually to a rural
207     county.
208          (8) In determining the recommended award of grant money under Subsection (4)(b),
209     the rural partnership board may prioritize applications that demonstrate any combination of the
210     following:
211          (a) that the county has or is actively pursuing the creation of an effective strategic

212     economic development plan;
213          (b) consistency with local economic development priorities;
214          (c) economic need;
215          (d) utilization of local financial or in-kind resources in combination with a grant;
216          (e) evidence that jobs will be created; and
217          (f) evidence that there will be a positive return on investment.
218          (9) On or before September 1 of each year, a county that has received a grant under this
219     chapter in the previous 12 months shall provide a written report to the rural partnership board
220     that describes:
221          (a) the amount of grant money the county has received;
222          (b) how grant money has been distributed by the county, including what companies or
223     entities have utilized grant money, how much grant money each company or entity has
224     received, and how each company or entity has used the money;
225          (c) an evaluation of the effectiveness of awarded grants in improving economic
226     development in the county, including the number of jobs created, infrastructure that has been
227     created, and capital improvements in the county;
228          (d) how much matching money has been utilized by the county and what entities have
229     provided the matching money; and
230          (e) any other reporting, auditing, or post-performance requirements established by the
231     Office of Rural Development in collaboration with the rural partnership board under
232     Subsection (6).
233          (10) The Office of Rural Development shall compile the reported information and
234     provide a written report to the Governor's Office of Economic Development for inclusion in the
235     Governor's Office of Economic Development's annual written report described in Section
236     63N-1-301.
237          Section 4. Section 17-54-104 is enacted to read:
238          17-54-104. County Economic Development Advisory Board.
239          (1) (a) Each rural county that seeks to obtain a grant under this chapter, shall create a
240     CED board composed of at least the following members appointed by the county legislative
241     body:
242          (i) a county representative;

243          (ii) a representative of a municipality in the county;
244          (iii) a workforce development representative;
245          (iv) a private-sector representative; and
246          (v) a member of the public who lives in the county.
247          (b) The county legislative body may also appoint additional members with experience
248     or expertise in economic development matters.
249          (2) Each CED board shall assist and advise the county legislative body on:
250          (a) applying for a grant under this chapter;
251          (b) what projects should be funded by grant money provided to a rural county under
252     this chapter; and
253          (c) preparing reporting requirements for grant money received by a rural county under
254     this chapter.
255          Section 5. Section 19-13-101, which is renumbered from Section 63N-2-401 is
256     renumbered and amended to read:
257     
CHAPTER 13. RECYCLING MARKET DEVELOPMENT ZONE ACT

258          [63N-2-401].      19-13-101. Title.
259          This part is known as the "Recycling Market Development Zone Act."
260          Section 6. Section 19-13-102, which is renumbered from Section 63N-2-402 is
261     renumbered and amended to read:
262          [63N-2-402].      19-13-102. Definitions.
263          As used in this part:
264          (1) "Composting" means the controlled decay of landscape waste or sewage sludge and
265     organic industrial waste, or a mixture of these, by the action of bacteria, fungi, molds, and other
266     organisms.
267          (2) "Postconsumer waste material" means any product generated by a business or
268     consumer that has served its intended end use, and that has been separated from solid waste for
269     the purposes of collection, recycling, and disposition and that does not include secondary waste
270     material.
271          (3) (a) "Recovered materials" means waste materials and by-products that have been
272     recovered or diverted from solid waste.
273          (b) "Recovered materials" does not include those materials and by-products generated

274     from, and commonly reused within, an original manufacturing process.
275          (4) (a) "Recycling" means the diversion of materials from the solid waste stream and
276     the beneficial use of the materials and includes a series of activities by which materials that
277     would become or otherwise remain waste are diverted from the waste stream for collection,
278     separation, and processing, and are used as raw materials or feedstocks in lieu of or in addition
279     to virgin materials in the manufacture of goods sold or distributed in commerce or the reuse of
280     the materials as substitutes for goods made from virgin materials.
281          (b) "Recycling" does not include burning municipal solid waste for energy recovery.
282          (5) "Recycling market development zone" or "zone" means an area designated by the
283     office as meeting the requirements of this part.
284          (6) (a) "Secondary waste material" means industrial by-products that go to disposal
285     facilities and waste generated after completion of a manufacturing process.
286          (b) "Secondary waste material" does not include internally generated scrap commonly
287     returned to industrial or manufacturing processes, such as home scrap and mill broke.
288          (7) "Tax incentive" means a nonrefundable tax credit available under Section 59-7-610
289     or 59-10-1007.
290          Section 7. Section 19-13-103, which is renumbered from Section 63N-2-403 is
291     renumbered and amended to read:
292          [63N-2-403].      19-13-103. Duties of the department.
293          The [office] department shall:
294          (1) facilitate recycling development zones through state support of county incentives
295     [which] that encourage development of manufacturing enterprises that use recycling materials
296     currently collected;
297          (2) evaluate an application from a county or municipality executive authority to be
298     designated as a recycling market development zone and determine if the county or municipality
299     qualifies for that designation;
300          (3) provide technical assistance to municipalities and counties in developing
301     applications for designation as a recycling market development zone;
302          (4) assist counties and municipalities designated as recycling market development
303     zones in obtaining assistance from the federal government and agencies of the state;
304          (5) assist a qualified business in obtaining the benefits of an incentive or inducement

305     program authorized by this part; and
306          (6) monitor the implementation and operation of this part and conduct a continuing
307     evaluation of the progress made in the recycling market development zone[; and].
308          [(7) include in the annual written report described in Section 63N-2-301, an evaluation
309     of the effectiveness of the program and recommendations for legislation.]
310          Section 8. Section 19-13-104, which is renumbered from Section 63N-2-404 is
311     renumbered and amended to read:
312          [63N-2-404].      19-13-104. Criteria for recycling market development zone --
313     Application process and fees.
314          (1) An area may be designated as a recycling market development zone only if:
315          (a) the county or municipality agrees to make a qualifying local contribution under
316     Section [63N-2-405] 19-13-105; and
317          (b) the county or municipality provides for postconsumer waste collection for recycling
318     within the county or municipality.
319          (2) The executive authority of any municipality or county desiring to be designated as a
320     recycling market development zone shall:
321          (a) obtain the written approval of the municipality or county's legislative body; and
322          (b) file an application with the [office] department demonstrating the county or
323     municipality meets the requirements of this part.
324          (3) The application shall be in a form prescribed by the [office] department, and shall
325     include:
326          (a) a plan developed by the county or municipality that identifies local contributions
327     meeting the requirements of Section [63N-2-405] 19-13-105;
328          (b) a county or municipality development plan that outlines:
329          (i) the specific investment or development reasonably expected to take place;
330          (ii) any commitments obtained from businesses to participate, and in what capacities
331     regarding recycling markets;
332          (iii) the county's or municipality's economic development plan and demonstration of
333     coordination between the zone and the county or municipality in overall development goals;
334          (iv) zoning requirements demonstrating that sufficient portions of the proposed zone
335     area are zoned as appropriate for the development of commercial, industrial, or manufacturing

336     businesses;
337          (v) the county's or municipality's long-term waste management plan and evidence that
338     the zone will be adequately served by the plan; and
339          (vi) the county or municipality postconsumer waste collection infrastructure;
340          (c) the county's or municipality's proposed means of assessing the effectiveness of the
341     development plan or other programs implemented within the zone;
342          (d) state whether within the zone either of the following will be established:
343          (i) commercial manufacturing or industrial processes that will produce end products
344     that consist of not less than 50% recovered materials, of which not less than 25% is
345     postconsumer waste material; or
346          (ii) commercial composting;
347          (e) any additional information required by the [office] department; and
348          (f) any additional information the county or municipality considers relevant to its
349     designation as a recycling market development zone.
350          (4) A county or municipality applying for designation as a recycling market
351     development zone shall pay to the [office] department an application fee determined under
352     Section 63J-1-504.
353          Section 9. Section 19-13-105, which is renumbered from Section 63N-2-405 is
354     renumbered and amended to read:
355          [63N-2-405].      19-13-105. Qualifying local contributions.
356          Qualifying local contributions to the recycling market development zone may vary
357     depending on available resources, and may include:
358          (1) simplified procedures for obtaining permits;
359          (2) dedication of available government grants;
360          (3) waiver of business license or permit fees;
361          (4) infrastructure improvements;
362          (5) private contributions;
363          (6) utility rate concessions;
364          (7) suspension or relaxation of locally originated zoning laws or general plans; and
365          (8) other proposed local contributions as the [office] department finds promote the
366     purposes of this part.

367          Section 10. Section 19-13-106, which is renumbered from Section 63N-2-406 is
368     renumbered and amended to read:
369          [63N-2-406].      19-13-106. Eligibility review.
370          (1) The [office] department shall:
371          (a) review and evaluate an application submitted under Section [63N-2-404]
372     19-13-104; and
373          (b) determine whether the municipality or county is eligible for designation as a
374     recycling market development zone.
375          (2) In designating recycling market development zones, the [office] department shall
376     consider:
377          (a) whether the current waste management practices and conditions of the county or
378     municipality are favorable to the development of postconsumer waste material markets;
379          (b) whether the creation of the zone is necessary to assist in attracting private sector
380     recycling investments to the area; and
381          (c) the amount of available landfill capacity to serve the zone.
382          Section 11. Section 19-13-107, which is renumbered from Section 63N-2-407 is
383     renumbered and amended to read:
384          [63N-2-407].      19-13-107. Quarterly consideration.
385          The [office] department shall take action quarterly on any application requesting
386     designation as a recycling market development zone.
387          Section 12. Section 19-13-108, which is renumbered from Section 63N-2-408 is
388     renumbered and amended to read:
389          [63N-2-408].      19-13-108. Duration of designation.
390          A recycling market development zone designation ends five years from the date the
391     [office] department designates the area as a recycling market development zone, at the end of
392     which the county or municipality may reapply for the designation.
393          Section 13. Section 19-13-109, which is renumbered from Section 63N-2-409 is
394     renumbered and amended to read:
395          [63N-2-409].      19-13-109. Revocation of designations.
396          (1) The [office] department may revoke the designation of a recycling market
397     development zone if no businesses utilize the tax incentives during any calendar year.

398          (2) Before revocation of the zone, the [office] department shall conduct a public
399     hearing within a reasonable distance of the zone to determine reasons for inactivity and explore
400     possible alternative actions.
401          Section 14. Section 19-13-110, which is renumbered from Section 63N-2-410 is
402     renumbered and amended to read:
403          [63N-2-410].      19-13-110. Recycling market development zone credit.
404          For a taxpayer within a recycling market development zone, there are allowed the
405     nonrefundable credits against tax as provided by Sections 59-7-610 and 59-10-1007.
406          Section 15. Section 19-13-111, which is renumbered from Section 63N-2-411 is
407     renumbered and amended to read:
408          [63N-2-411].      19-13-111. Annual report.
409          (1) A county or municipality designated as a recycling market development zone shall
410     report by no later than July 31 of each year to the [office] department regarding the economic
411     activity that has occurred in the zone following the designation.
412          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
413     [office] department may make rules providing for the form and content of the annual reports.
414          Section 16. Section 53B-17-1101 is amended to read:
415          53B-17-1101. Definitions.
416          As used in this part:
417          (1) "Researcher" means an individual who:
418          (a) on May 8, 2018, is employed, alone or as part of a research team, by the university;
419          (b) before May 8, 2018, received funding from USTAR for some or all of the
420     researcher's startup costs or salary;
421          (c) was recruited to become a member of the university's faculty; and
422          (d) after May 8, 2018, receives some or all of the researcher's start up costs or salary
423     from a legislative appropriation to the university for that purpose.
424          (2) "University" means the University of Utah.
425          (3) "USTAR" means the Utah Science Technology and Research Initiative [created in
426     Section 63M-2-301], which was repealed in 2020.
427          Section 17. Section 53B-18-1601 is amended to read:
428          53B-18-1601. Definitions.

429          As used in this part:
430          (1) "Researcher" means an individual who:
431          (a) on May 8, 2018, is employed, alone or as part of a research team, by the university;
432          (b) before May 8, 2018, received funding from USTAR for some or all of the
433     researcher's startup costs or salary;
434          (c) was recruited to become a member of the university's faculty; and
435          (d) after May 8, 2018, receives some or all of the researcher's start up costs or salary
436     from a legislative appropriation to the university for that purpose.
437          (2) "University" means Utah State University.
438          (3) "USTAR" means the Utah Science Technology and Research Initiative [created in
439     Section 63M-2-301], which was repealed in 2020.
440          Section 18. Section 59-7-610 is amended to read:
441          59-7-610. Recycling market development zones tax credits.
442          (1) Subject to other provisions of this section, a taxpayer that is a business operating in
443     a recycling market development zone as defined in Section [63N-2-402] 19-13-102 may claim
444     the following nonrefundable tax credits:
445          (a) a tax credit of 5% of the purchase price paid for machinery and equipment used
446     directly in:
447          (i) commercial composting; or
448          (ii) manufacturing facilities or plant units that:
449          (A) manufacture, process, compound, or produce recycled items of tangible personal
450     property for sale; or
451          (B) reduce or reuse postconsumer waste material; and
452          (b) a tax credit equal to the lesser of:
453          (i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
454     inventory, and utilities made by the taxpayer for establishing and operating recycling or
455     composting technology in [Utah] the state; and
456          (ii) $2,000.
457          (2) (a) To claim a tax credit described in Subsection (1), the taxpayer shall receive
458     from the [Governor's Office of Economic Development] Department of Environmental Quality
459     a written certification, on a form approved by the commission, that includes:

460          (i) a statement that the taxpayer is operating a business within the boundaries of a
461     recycling market development zone;
462          (ii) for [claims] a claim of the tax credit described in Subsection (1)(a):
463          (A) the type of the machinery and equipment that the taxpayer purchased;
464          (B) the date that the taxpayer purchased the machinery and equipment;
465          (C) the purchase price for the machinery and equipment;
466          (D) the total purchase price for all machinery and equipment for which the taxpayer is
467     claiming a tax credit;
468          (E) a statement that the machinery and equipment are integral to the composting or
469     recycling process; and
470          (F) the amount of the taxpayer's tax credit; and
471          (iii) for [claims] a claim of the tax credit described in Subsection (1)(b):
472          (A) the type of net expenditure that the taxpayer made to a third party;
473          (B) the date that the taxpayer made the payment to a third party;
474          (C) the amount that the taxpayer paid to each third party;
475          (D) the total amount that the taxpayer paid to all third parties;
476          (E) a statement that the net expenditures support the establishment and operation of
477     recycling or composting technology in [Utah] the state; and
478          (F) the amount of the taxpayer's tax credit.
479          (b) (i) The [Governor's Office of Economic Development] Department of
480     Environmental Quality shall provide a taxpayer seeking to claim a tax credit under Subsection
481     (1) with a copy of the written certification.
482          (ii) The taxpayer shall retain a copy of the written certification for the same period of
483     time that a person is required to keep books and records under Section 59-1-1406.
484          (c) The [Governor's Office of Economic Development] Department of Environmental
485     Quality shall submit to the commission an electronic list that includes:
486          (i) the name and identifying information of each taxpayer to which the [office]
487     Department of Environmental Quality issues a written certification; and
488          (ii) for each taxpayer, the amount of each tax credit listed on the written certification.
489          (3) A taxpayer may not claim a tax credit under Subsection (1)(a), Subsection (1)(b), or
490     both that exceeds 40% of the taxpayer's state income tax liability as the tax liability is

491     calculated:
492          (a) for the taxable year in which the taxpayer made the purchases or payments;
493          (b) before any other tax credits the taxpayer may claim for the taxable year; and
494          (c) before the taxpayer [claiming] claims a tax credit authorized by this section.
495          (4) The commission shall make rules governing what information a taxpayer shall file
496     with the commission to verify the entitlement to and amount of a tax credit.
497          (5) Except as provided in Subsections (6) through (8), a taxpayer may carry forward, to
498     the next three taxable years, the amount of the tax credit that exceeds the taxpayer's income tax
499     liability for the taxable year.
500          (6) A taxpayer may not claim or carry forward a tax credit described in Subsection
501     (1)(a) in a taxable year during which the taxpayer claims or carries forward a tax credit under
502     Section 63N-2-213.
503          (7) A taxpayer may not claim or carry forward a tax credit described in Subsection
504     (1)(b) in a taxable year during which the taxpayer claims or carries forward a tax credit under
505     Section 63N-2-213.
506          (8) A taxpayer may not claim or carry forward a tax credit under this section for a
507     taxable year during which the taxpayer claims the targeted business income tax credit under
508     Section 59-7-624.
509          Section 19. Section 59-10-1007 is amended to read:
510          59-10-1007. Recycling market development zones tax credits.
511          (1) Subject to other provisions of this section, a claimant, estate, or trust in a recycling
512     market development zone as defined in Section [63N-2-402] 19-13-102 may claim the
513     following nonrefundable tax credits:
514          (a) a tax credit of 5% of the purchase price paid for machinery and equipment used
515     directly in:
516          (i) commercial composting; or
517          (ii) manufacturing facilities or plant units that:
518          (A) manufacture, process, compound, or produce recycled items of tangible personal
519     property for sale; or
520          (B) reduce or reuse postconsumer waste material; and
521          (b) a tax credit equal to the lesser of:

522          (i) 20% of net expenditures to third parties for rent, wages, supplies, tools, test
523     inventory, and utilities made by the claimant, estate, or trust for establishing and operating
524     recycling or composting technology in [Utah] the state; and
525          (ii) $2,000.
526          (2) (a) To claim a tax credit described in Subsection (1), the claimant, estate, or trust
527     shall receive from the [Governor's Office of Economic Development] Department of
528     Environmental Quality a written certification, on a form approved by the commission, that
529     includes:
530          (i) a statement that the claimant, estate, or trust is operating within the boundaries of a
531     recycling market development zone;
532          (ii) for [claims] a claim of the tax credit described in Subsection (1)(a):
533          (A) the type of the machinery and equipment that the claimant, estate, or trust
534     purchased;
535          (B) the date that the claimant, estate, or trust purchased the machinery and equipment;
536          (C) the purchase price for the machinery and equipment;
537          (D) the total purchase price for all machinery and equipment for which the claimant,
538     estate, or trust is claiming a tax credit;
539          (E) the amount of the claimant's, estate's, or trust's tax credit; and
540          (F) a statement that the machinery and equipment are integral to the composting or
541     recycling process; and
542          (iii) for [claims] a claim of the tax credit described in Subsection (1)(b):
543          (A) the type of net expenditure that the claimant, estate, or trust made to a third party;
544          (B) the date that the claimant, estate, or trust made the payment to a third party;
545          (C) the amount that the claimant, estate, or trust paid to each third party;
546          (D) the total amount that the claimant, estate, or trust paid to all third parties;
547          (E) a statement that the net expenditures support the establishment and operation of
548     recycling or composting technology in [Utah] the state; and
549          (F) the amount of the claimant's, estate's, or trust's tax credit.
550          (b) (i) The [Governor's Office of Economic Development] Department of
551     Environmental Quality shall provide a claimant, estate, or trust seeking to claim a tax credit
552     under Subsection (1) with a copy of the written certification.

553          (ii) The claimant, estate, or trust shall retain a copy of the written certification for the
554     same period of time that a person is required to keep books and records under Section
555     59-1-1406.
556          (c) The [Governor's Office of Economic Development] Department of Environmental
557     Quality shall submit to the commission an electronic list that includes:
558          (i) the name and identifying information of each claimant, estate, or trust to which the
559     [office] Department of Environmental Quality issues a written certification; and
560          (ii) for each claimant, estate, or trust, the amount of each tax credit listed on the written
561     certification.
562          (3) A claimant, estate, or trust may not claim a tax credit under Subsection (1)(a),
563     Subsection (1)(b), or both that exceeds 40% of the claimant's, estate's, or trust's state income
564     tax liability as the tax liability is calculated:
565          (a) for the taxable year in which the claimant, estate, or trust made the purchases or
566     payments;
567          (b) before any other tax credits the claimant, estate, or trust may claim for the taxable
568     year; and
569          (c) before the claimant, estate, or trust [claiming] claims a tax credit authorized by this
570     section.
571          (4) The commission shall make rules governing what information a claimant, estate, or
572     trust shall file with the commission to verify the entitlement to and amount of a tax credit.
573          (5) Except as provided in Subsections (6) through (8), a claimant, estate, or trust may
574     carry forward, to the next three taxable years, the amount of [the tax credit that exceeds the
575     taxpayer's income tax liability] a tax credit described in Subsection (1)(a) that the claimant,
576     estate, or trust does not use for the taxable year.
577          (6) A claimant, estate, or trust may not claim or carry forward a tax credit described in
578     Subsection (1)(a) in a taxable year during which the claimant, estate, or trust claims or carries
579     forward a tax credit under Section 63N-2-213.
580          (7) A claimant, estate, or trust may not claim a tax credit described in Subsection (1)(b)
581     in a taxable year during which the claimant, estate, or trust claims or carries forward a tax
582     credit under Section 63N-2-213.
583          (8) A claimant, estate, or trust may not claim or carry forward a tax credit [available]

584     under this section for a taxable year during which the claimant, estate, or trust claims the
585     targeted business income tax credit under Section 59-10-1112.
586          Section 20. Section 63A-3-110 is amended to read:
587          63A-3-110. Personal use expenditures for state officers and employees.
588          (1) As used in this section:
589          (a) "Employee" means a person who is not an elected or appointed officer and who is
590     employed on a full- or part-time basis by a governmental entity.
591          (b) "Governmental entity" means:
592          (i) an executive branch agency of the state, the offices of the governor, lieutenant
593     governor, state auditor, attorney general, and state treasurer, the State Board of Education, and
594     the State Board of Regents;
595          (ii) the Office of the Legislative Auditor General, the Office of the Legislative Fiscal
596     Analyst, the Office of Legislative Research and General Counsel, the Legislature, and
597     legislative committees;
598          (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
599     administrative units in the judicial branch; or
600          (iv) independent state entities created under Title 63H, Independent State Entities[; or].
601          [(v) the Utah Science Technology and Research Governing Authority created under
602     Section 63M-2-301.]
603          (c) "Officer" means a person who is elected or appointed to an office or position within
604     a governmental entity.
605          (d) (i) "Personal use expenditure" means an expenditure made without the authority of
606     law that:
607          (A) is not directly related to the performance of an activity as a state officer or
608     employee;
609          (B) primarily furthers a personal interest of a state officer or employee or a state
610     officer's or employee's family, friend, or associate; and
611          (C) would constitute taxable income under federal law.
612          (ii) "Personal use expenditure" does not include:
613          (A) a de minimis or incidental expenditure; or
614          (B) a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to

615     travel to and from the officer or employee's official duties, including a minimal allowance for a
616     detour as provided by the state.
617          (e) "Public funds" means the same as that term is defined in Section 51-7-3.
618          (2) A state officer or employee may not:
619          (a) use public funds for a personal use expenditure; or
620          (b) incur indebtedness or liability on behalf of, or payable by, a governmental entity for
621     a personal use expenditure.
622          (3) If the Division of Finance or the responsible governmental entity determines that a
623     state officer or employee has intentionally made a personal use expenditure in violation of
624     Subsection (2), the governmental entity shall:
625          (a) require the state officer or employee to deposit the amount of the personal use
626     expenditure into the fund or account from which:
627          (i) the personal use expenditure was disbursed; or
628          (ii) payment for the indebtedness or liability for a personal use expenditure was
629     disbursed;
630          (b) require the state officer or employee to remit an administrative penalty in an
631     amount equal to 50% of the personal use expenditure to the Division of Finance; and
632          (c) deposit the money received under Subsection (3)(b) into the General Fund.
633          (4) (a) Any state officer or employee who has been found by a governmental entity to
634     have made a personal use expenditure in violation of Subsection (2) may appeal the finding of
635     the governmental entity.
636          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
637     Division of Finance shall make rules regarding an appeal process for an appeal made under
638     Subsection (4)(a), including the designation of an appeal authority.
639          (5) (a) Subject to Subsection (5)(b), the Division of Finance may withhold all or a
640     portion of the wages of a state officer or employee who has violated Subsection (2) until the
641     requirements of Subsection (3) have been met.
642          (b) If the state officer or employee has requested an appeal under Subsection (4), the
643     Division of Finance may only withhold the wages of the officer or employee after the appeal
644     authority described in Subsection (4)(b) has confirmed that the officer or employee violated
645     Subsection (2).

646          (6) Nothing in this chapter immunizes a state officer or employee from or precludes
647     any criminal prosecution or civil or employment action for an unlawful personal use
648     expenditure.
649          (7) A state officer or employee who is convicted of misusing public money or public
650     property under Section 76-8-402 may not disburse public funds or access public accounts.
651          Section 21. Section 63A-5-305 is amended to read:
652          63A-5-305. Leasing by higher education institutions.
653          (1) The Board of Regents shall establish written policies and procedures governing
654     leasing by higher education institutions.
655          (2) Except as provided in [Sections] Section 53B-2a-113 [and 63M-2-602], a higher
656     education institution shall comply with the procedures and requirements of the Board of
657     Regents' policies before signing or renewing a lease.
658          Section 22. Section 63C-10-103 is amended to read:
659          63C-10-103. Duties.
660          (1) The board shall:
661          (a) serve as an advisory board to:
662          (i) the governor on rural economic and planning issues; and
663          (ii) the Governor's Office of Economic Development on rural economic development
664     issues;
665          (b) prepare an annual strategic plan that:
666          (i) identifies rural economic development, planning, and leadership training challenges,
667     opportunities, priorities, and objectives; and
668          (ii) includes a work plan for accomplishing the objectives referred to in Subsection
669     (1)(b)(i);
670          (c) identify local, regional, and statewide rural economic development and planning
671     priorities;
672          (d) study and take input on issues relating to local, regional, and statewide rural
673     economic development, including challenges, opportunities, best practices, policy, planning,
674     and collaboration;
675          (e) advocate for rural needs, programs, policies, opportunities, and other issues relating
676     to rural economic development and planning;

677          (f) oversee the Rural County Grant Program created in Section 17-54-103; and
678          [(f) review projects in enterprise zones proposed by nonprofit corporations
679     headquartered in enterprise zones as described in Subsection 63N-2-213.5(6);]
680          [(g) review applications for cash awards, grants, loans, or other financial assistance
681     under:]
682          [(i) the Rural Fast Track Program described in Section 63N-3-104; and]
683          [(ii) the Business Expansion and Retention Initiative described in Section
684     63N-3-104.5; and]
685          [(h)] (g) no later than October 1 of each year, submit to the governor, the Legislature,
686     and the Economic Development and Workforce Services Interim Committee an annual report,
687     in accordance with Section 68-3-14, that provides:
688          (i) an overview of the rural economy in the state;
689          (ii) a summary of current issues and policy matters relating to rural economic
690     development; and
691          (iii) a statement of the board's initiatives, programs, and economic development
692     priorities.
693          (2) The board may engage in activities necessary to fulfill the board's duties, including:
694          (a) propose or support rural economic development legislation; and
695          (b) create one or more subcommittees.
696          Section 23. Section 63I-1-263 is amended to read:
697          63I-1-263. Repeal dates, Titles 63A to 63N.
698          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
699          (a) Subsection 63A-1-201(1) is repealed;
700          (b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
701     the board" is repealed;
702          (c) Section 63A-1-203 is repealed;
703          (d) Subsections 63A-1-204(1) and (2), the language that states "After consultation with
704     the board, and" is repealed; and
705          (e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided
706     in Subsection 63A-1-203(3)(c)" is repealed.
707          (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital

708     improvement funding, is repealed on July 1, 2024.
709          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
710          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
711     1, 2028.
712          (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
713     2025.
714          (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
715     2020.
716          (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
717     repealed July 1, 2021.
718          (8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
719     2023.
720          (9) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
721     2025.
722          (10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
723     2020.
724          (11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
725          (a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;
726          (b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;
727          (c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
728     be a legislator, in accordance with Subsection (3)(e)," is repealed;
729          (d) Subsection 63H-6-104(3)(a)(i) is amended to read:
730          "(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
731     Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
732     year that the board member was appointed.";
733          (e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
734     president of the Senate, the speaker of the House, the governor," is repealed and replaced with
735     "the governor"; and
736          (f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
737     repealed.
738          (12) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.

739          (13) Section 63M-7-212 is repealed on December 31, 2019.
740          (14) On July 1, 2025:
741          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
742     Development Coordinating Committee," is repealed;
743          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
744     sites for the transplant of species to local government officials having jurisdiction over areas
745     that may be affected by a transplant.";
746          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
747     Coordinating Committee" is repealed;
748          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
749     Coordinating Committee created in Section 63J-4-501 and" is repealed;
750          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
751     Coordinating Committee and" is repealed;
752          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
753     accordingly;
754          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
755          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
756     word "and" is inserted immediately after the semicolon;
757          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
758          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
759     and
760          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
761     renumbered accordingly.
762          (15) Subsection 63J-1-602.1(13), Nurse Home Visiting Restricted Account is repealed
763     July 1, 2026.
764          (16) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
765     Commission, is repealed July 1, 2023.
766          (17) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
767     July 1, 2022.
768          (18) (a) Subsection 63J-1-602.1(53), relating to the Utah Statewide Radio System
769     Restricted Account, is repealed July 1, 2022.

770          (b) When repealing Subsection 63J-1-602.1(53), the Office of Legislative Research and
771     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
772     necessary changes to subsection numbering and cross references.
773          (19) Subsection 63J-1-602.2(23), related to the Utah Seismic Safety Commission, is
774     repealed January 1, 2025.
775          (20) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on January
776     1, 2023, is amended to read:
777          "(1) On or before October 1, the board shall provide an annual written report to the
778     Social Services Appropriations Subcommittee and the Economic Development and Workforce
779     Services Interim Committee.".
780          (21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
781     January 1, 2023:
782          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
783     repealed;
784          (b) Section 63M-7-305, the language that states "council" is replaced with
785     "commission";
786          (c) Subsection 63M-7-305(1) is repealed and replaced with:
787          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
788          (d) Subsection 63M-7-305(2) is repealed and replaced with:
789          "(2) The commission shall:
790          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
791     Drug-Related Offenses Reform Act; and
792          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
793     Subsections 77-18-1(5)(b)(iii) and (iv).".
794          (22) The Crime Victim Reparations and Assistance Board, created in Section
795     63M-7-504, is repealed July 1, 2027.
796          (23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
797          (24) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
798     on January 1, 2023.
799          (25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
800          [(26) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is

801     repealed January 1, 2021.]
802          [(b) Subject to Subsection (26)(c), Sections 59-7-610 and 59-10-1007 regarding tax
803     credits for certain persons in recycling market development zones, are repealed for taxable
804     years beginning on or after January 1, 2021.]
805          [(c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:]
806          [(i) for the purchase price of machinery or equipment described in Section 59-7-610 or
807     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or]
808          [(ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
809     the expenditure is made on or after January 1, 2021.]
810          [(d) Notwithstanding Subsections (26)(b) and (c), a person may carry forward a tax
811     credit in accordance with Section 59-7-610 or 59-10-1007 if:]
812          [(i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and]
813          [(ii) (A) for the purchase price of machinery or equipment described in Section
814     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
815     2020; or]
816          [(B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b),
817     the expenditure is made on or before December 31, 2020.]
818          [(27)] (26) Section 63N-2-512 is repealed on July 1, 2021.
819          [(28)] (27) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
820     January 1, 2021.
821          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
822     calendar years beginning on or after January 1, 2021.
823          (c) Notwithstanding Subsection [(28)] (27)(b), an entity may carry forward a tax credit
824     in accordance with Section 59-9-107 if:
825          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
826     31, 2020; and
827          (ii) the qualified equity investment that is the basis of the tax credit is certified under
828     Section 63N-2-603 on or before December 31, 2023.
829          [(29)] (28) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1,
830     2023.
831          [(30)] (29) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is

832     repealed July 1, 2023.
833          [(31)] (30) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
834     Program, is repealed January 1, 2023.
835          [(32)] (31) In relation to the Pete Suazo Utah Athletic Commission, on January 1,
836     2021:
837          (a) Subsection 63N-10-201(2)(a) is amended to read:
838          "(2) (a) The governor shall appoint five commission members with the advice and
839     consent of the Senate.";
840          (b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;
841          (c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
842     respectively," is repealed; and
843          (d) Subsection 63N-10-201(3)(d) is amended to read:
844          "(d) The governor may remove a commission member for any reason and replace the
845     commission member in accordance with this section.".
846          [(33)] (32) In relation to the Talent Ready Utah Board, on January 1, 2023:
847          (a) Subsection 9-22-102(16) is repealed;
848          (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
849     repealed; and
850          (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
851     Utah," is repealed.
852          [(34)] (33) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
853     January 1, 2023.
854          Section 24. Section 63J-1-602.2 is amended to read:
855          63J-1-602.2. List of nonlapsing appropriations to programs.
856          Appropriations made to the following programs are nonlapsing:
857          (1) The Legislature and its committees.
858          (2) The Percent-for-Art Program created in Section 9-6-404.
859          (3) The LeRay McAllister Critical Land Conservation Program created in Section
860     11-38-301.
861          (4) Dedicated credits accrued to the Utah Marriage Commission as provided under
862     Subsection 17-16-21(2)(d)(ii).

863          (5) The Trip Reduction Program created in Section 19-2a-104.
864          (6) The Division of Wildlife Resources for the appraisal and purchase of lands under
865     the Pelican Management Act, as provided in Section 23-21a-6.
866          (7) The primary care grant program created in Section 26-10b-102.
867          (8) Sanctions collected as dedicated credits from Medicaid provider under Subsection
868     26-18-3(7).
869          (9) The Utah Health Care Workforce Financial Assistance Program created in Section
870     26-46-102.
871          (10) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
872          (11) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
873          (12) Funds that the Department of Alcoholic Beverage Control retains in accordance
874     with Subsection 32B-2-301(7)(a) or (b).
875          (13) The General Assistance program administered by the Department of Workforce
876     Services, as provided in Section 35A-3-401.
877          (14) A new program or agency that is designated as nonlapsing under Section
878     36-24-101.
879          (15) The Utah National Guard, created in Title 39, Militia and Armories.
880          (16) The State Tax Commission under Section 41-1a-1201 for the:
881          (a) purchase and distribution of license plates and decals; and
882          (b) administration and enforcement of motor vehicle registration requirements.
883          (17) The Search and Rescue Financial Assistance Program, as provided in Section
884     53-2a-1102.
885          (18) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
886          (19) The State Board of Regents for teacher preparation programs, as provided in
887     Section 53B-6-104.
888          (20) The Medical Education Program administered by the Medical Education Council,
889     as provided in Section 53B-24-202.
890          (21) The State Board of Education, as provided in Section 53F-2-205.
891          (22) The Division of Services for People with Disabilities, as provided in Section
892     62A-5-102.
893          (23) The Division of Fleet Operations for the purpose of upgrading underground

894     storage tanks under Section 63A-9-401.
895          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
896          (25) Appropriations to the Department of Technology Services for technology
897     innovation as provided under Section 63F-4-202.
898          (26) The Office of Administrative Rules for publishing, as provided in Section
899     63G-3-402.
900          [(27) The Utah Science Technology and Research Initiative created in Section
901     63M-2-301.]
902          [(28)] (27) The Governor's Office of Economic Development to fund the Enterprise
903     Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
904          [(29)] (28) Appropriations to fund the Governor's Office of Economic Development's
905     Rural Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
906     Employment Expansion Program.
907          [(30)] (29) The Department of Human Resource Management user training program, as
908     provided in Section 67-19-6.
909          [(31)] (30) A public safety answering point's emergency telecommunications service
910     fund, as provided in Section 69-2-301.
911          [(32)] (31) The Traffic Noise Abatement Program created in Section 72-6-112.
912          [(33)] (32) The Judicial Council for compensation for special prosecutors, as provided
913     in Section 77-10a-19.
914          [(34)] (33) A state rehabilitative employment program, as provided in Section
915     78A-6-210.
916          [(35)] (34) The Utah Geological Survey, as provided in Section 79-3-401.
917          [(36)] (35) The Bonneville Shoreline Trail Program created under Section 79-5-503.
918          [(37)] (36) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
919     and 78B-6-144.5.
920          [(38)] (37) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
921     Defense Commission.
922          [(39)] (38) The program established by the Division of Facilities Construction and
923     Management under Subsection 63A-5-228(3) under which state agencies receive an
924     appropriation and pay lease payments for the use and occupancy of buildings owned by the

925     Division of Facilities Construction and Management.
926          Section 25. Section 63N-1-501 is amended to read:
927          63N-1-501. Governor's Economic Development Coordinating Council --
928     Membership -- Expenses.
929          (1) There is created in the office the Governor's Economic Development Coordinating
930     Council, consisting of the following 11 members:
931          (a) the executive director, who shall serve as chair of the council;
932          (b) the chair of the board or the chair's designee;
933          [(c) the chair of the Utah Science Technology and Research Governing Authority
934     created in Section 63M-2-301 or the chair's designee;]
935          [(d)] (c) the chair of the Governor's Rural Partnership Board created in Section
936     63C-10-102 or the chair's designee;
937          [(e)] (d) the chair of the board of directors of the Utah Capital Investment Corporation
938     created in Section 63N-6-301 or the chair's designee;
939          [(f)] (e) the chair of the Economic Development Corporation of Utah or its successor
940     organization or the chair's designee;
941          [(g)] (f) the chair of the World Trade Center Utah or its successor organization or the
942     chair's designee; and
943          [(h)] (g) [four] five members appointed by the governor, with the consent of the
944     Senate, who have expertise in business, economic development, entrepreneurship, or the
945     raising of venture or seed capital for research and business growth.
946          (2) (a) The [four] five members appointed by the governor may serve for no more than
947     two consecutive two-year terms.
948          (b) The governor shall appoint a replacement if a vacancy occurs from the membership
949     appointed under Subsection (1)[(h)](g).
950          (3) Six members of the council constitute a quorum for the purpose of conducting
951     council business and the action of a majority of a quorum constitutes the action of the council.
952          (4) A member may not receive compensation or benefits for the member's service on
953     the council, but may receive per diem and travel expenses in accordance with:
954          (a) Sections 63A-3-106 and 63A-3-107; and
955          (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

956          (5) The office shall provide office space and administrative staff support for the
957     council.
958          (6) The council, as a governmental entity, has all the rights, privileges, and immunities
959     of a governmental entity of the state and its meetings are subject to Title 52, Chapter 4, Open
960     and Public Meetings Act.
961          Section 26. Section 63N-2-203 is amended to read:
962          63N-2-203. Powers of the office.
963          The office shall:
964          (1) monitor the implementation and operation of this part and conduct a continuing
965     evaluation of the progress made in the enterprise zones;
966          (2) evaluate an application for designation as an enterprise zone from a county
967     applicant or a municipal applicant and determine if the applicant qualifies for that designation;
968          (3) provide technical assistance to county applicants and municipal applicants in
969     developing applications for designation as enterprise zones;
970          (4) assist county applicants and municipal applicants designated as enterprise zones in
971     obtaining assistance from the federal government and agencies of the state;
972          (5) assist a qualified business entity in obtaining the benefits of an incentive or
973     inducement program authorized by this part; and
974          (6) as part of the annual written report described in Section 63N-1-301, prepare an
975     annual evaluation that provides:
976          (a) based on data from the State Tax Commission, the total amount of tax credits
977     claimed under this part;
978          (b) the total amount awarded in tax credits for each development zone;
979          (c) the number of new full-time employee positions reported to obtain tax credits in
980     each development zone;
981          (d) the amount of tax credits awarded for rehabilitating a building in each development
982     zone;
983          (e) the amount of tax credits awarded for investing in a plant, equipment, or other
984     depreciable property in each development zone; and
985          [(f) the list of approved projects under Section 63N-2-213.5 and the aggregate value of
986     the tax credit certificates issued related to contributions to those approved projects; and]

987          [(g)] (f) recommendations regarding the effectiveness of the program and any
988     suggestions for legislation.
989          Section 27. Section 63N-2-204 is amended to read:
990          63N-2-204. Criteria for designation of enterprise zones -- Application.
991          (1) A county applicant seeking designation as an enterprise zone shall file an
992     application with the office that, in addition to complying with the other requirements of this
993     part:
994          (a) verifies that the county has a population of not more than 70,000; and
995          (b) provides clear evidence of the need for development in the county.
996          (2) A municipal applicant seeking designation as an enterprise zone shall file an
997     application with the office that, in addition to complying with other requirements of this part:
998          (a) verifies that the municipality has a population that does not exceed 20,000;
999          (b) verifies that the municipality is within a county that has a population of not more
1000     than 70,000; and
1001          (c) provides clear evidence of the need for development in the municipality.
1002          (3) An application filed under Subsection (1) or (2) shall be in a form and in
1003     accordance with procedures approved by the office, and shall include the following
1004     information:
1005          (a) a plan developed by the county applicant or municipal applicant that identifies local
1006     contributions meeting the requirements of Section 63N-2-205;
1007          (b) the county applicant or municipal applicant has a development plan that outlines:
1008          (i) the types of investment and development within the zone that the county applicant
1009     or municipal applicant expects to take place if the incentives specified in this part are provided;
1010          (ii) the specific investment or development reasonably expected to take place;
1011          (iii) any commitments obtained from businesses;
1012          (iv) the projected number of jobs that will be created and the anticipated wage level of
1013     those jobs;
1014          (v) any proposed emphasis on the type of jobs created, including any affirmative action
1015     plans; and
1016          (vi) a copy of the county applicant's or municipal applicant's economic development
1017     plan to demonstrate coordination between the zone and overall county or municipal goals;

1018          (c) the county applicant's or municipal applicant's proposed means of assessing the
1019     effectiveness of the development plan or other programs within the zone once they have been
1020     implemented within the zone;
1021          (d) any additional information required by the office; and
1022          (e) any additional information the county applicant or municipal applicant considers
1023     relevant to its designation as an enterprise zone.
1024          (4) On or after January 1, 2020, no new enterprise zones shall be designated.
1025          Section 28. Section 63N-2-208 is amended to read:
1026          63N-2-208. Duration of designation.
1027          (1) Each enterprise zone has a duration of five years[, at the end of which the county
1028     may reapply for the designation].
1029          (2) On or after January 1, 2020, neither a municipality nor a county may reapply for an
1030     enterprise zone designation for an enterprise zone that has reached the end of the enterprise
1031     zone's five-year duration.
1032          Section 29. Section 63N-2-213 is amended to read:
1033          63N-2-213. State tax credits.
1034          (1) The office shall certify a business entity's eligibility for a tax credit described in this
1035     section.
1036          (2) A business entity seeking to receive a tax credit as provided in this section shall
1037     provide the office with:
1038          (a) an application for a tax credit certificate in a form approved by the office, including
1039     a certification, by an officer of the business entity, of a signature on the application; and
1040          (b) documentation that demonstrates the business entity has met the requirements to
1041     receive the tax credit.
1042          (3) If, after review of an application and documentation provided by a business entity
1043     as described in Subsection (2), the office determines that the application and documentation are
1044     inadequate to provide a reasonable justification for authorizing the tax credit, the office shall:
1045          (a) deny the tax credit; or
1046          (b) inform the business entity that the application or documentation was inadequate
1047     and ask the business entity to submit additional documentation.
1048          (4) If, after review of an application and documentation provided by a business entity

1049     as described in Subsection (2), the office determines that the application and documentation
1050     provide reasonable justification for authorizing a tax credit, the office shall:
1051          (a) determine the amount of the tax credit to be granted to the business entity;
1052          (b) issue a tax credit certificate to the business entity; and
1053          (c) provide a duplicate copy of the tax credit certificate to the State Tax Commission.
1054          (5) A business entity may not claim a tax credit under this section unless the business
1055     entity has a tax credit certificate issued by the office.
1056          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1057     office shall make rules describing:
1058          (a) the form and content of an application for a tax credit under this section;
1059          (b) the documentation requirements for a business entity to receive a tax credit
1060     certificate under this section; and
1061          (c) administration of the program, including relevant timelines and deadlines.
1062          (7) Subject to the limitations of Subsections (8) through (10), and if the requirements
1063     of this part are met, the following nonrefundable tax credits against a tax under Title 59,
1064     Chapter 7, Corporate Franchise and Income Taxes, or Title 59, Chapter 10, Individual Income
1065     Tax Act, are applicable in an enterprise zone:
1066          (a) a tax credit of $750 may be claimed by a business entity for each new full-time
1067     employee position created within the enterprise zone;
1068          (b) an additional $500 tax credit may be claimed if the new full-time employee position
1069     created within the enterprise zone pays at least 125% of:
1070          (i) the county average monthly nonagricultural payroll wage for the respective industry
1071     as determined by the Department of Workforce Services; or
1072          (ii) if the county average monthly nonagricultural payroll wage is not available for the
1073     respective industry, the total average monthly nonagricultural payroll wage in the respective
1074     county where the enterprise zone is located;
1075          (c) an additional tax credit of $750 may be claimed if the new full-time employee
1076     position created within the enterprise zone is in a business entity that adds value to agricultural
1077     commodities through manufacturing or processing;
1078          (d) an additional tax credit of $200 may be claimed [for two consecutive years] for
1079     each new full-time employee position created within the enterprise zone that is filled by an

1080     employee who is insured under an employer-sponsored health insurance program if the
1081     employer pays at least 50% of the premium cost for the year for which the credit is claimed;
1082          (e) a tax credit of 25% of the first $200,000 spent on rehabilitating a building in the
1083     enterprise zone that has been vacant for two years or more, including that the building has had
1084     or contained no occupants, tenants, furniture, or personal property for two years or more, in the
1085     time period immediately before the rehabilitation; and
1086          (f) an annual investment tax credit [of 10%] may be claimed in an amount equal to 5%
1087     of the first [$250,000 in investment, and 5% of the next $1,000,000] $750,000 qualifying
1088     investment in plant, equipment, or other depreciable property.
1089          (8) (a) Subject to the limitations of Subsection (8)(b), a business entity claiming a tax
1090     credit under Subsections (7)(a) through (d) may claim the tax credit for no more than 30
1091     full-time employee positions in a taxable year.
1092          (b) A business entity that received a tax credit for one or more new full-time employee
1093     positions under Subsections (7)(a) through (d) in a prior taxable year may claim a tax credit for
1094     a new full-time employee position in a subsequent taxable year under Subsections (7)(a)
1095     through (d) if:
1096          (i) the business entity has created a new full-time position within the enterprise zone;
1097     and
1098          (ii) the total number of [full-time] employee positions at the business entity at any
1099     point during the tax year for which the tax credit is being claimed is greater than the highest
1100     number of [full-time] employee positions that existed at the business entity in the previous
1101     [three] taxable [years] year.
1102          (c) Construction jobs are not eligible for the tax credits under Subsections (7)(a)
1103     through (d).
1104          (9) If the amount of a tax credit under this section exceeds a business entity's tax
1105     liability under this chapter for a taxable year, the business entity may carry forward the amount
1106     of the tax credit exceeding the liability for a period that does not exceed the next three taxable
1107     years.
1108          (10) Tax credits under Subsections (7)(a) through (f) may not be claimed by a business
1109     entity primarily engaged in retail trade or by a public utilities business.
1110          (11) A business entity that has no employees:

1111          (a) may not claim tax credits under Subsections (7)(a) through (d); and
1112          (b) may claim tax credits under Subsections (7)(e) through (f).
1113          (12) (a) A business entity may not claim or carry forward a tax credit available under
1114     this part for a taxable year during which the business entity has claimed the targeted business
1115     income tax credit available under Section 63N-2-304.
1116          (b) A business entity may not claim or carry forward a tax credit available under this
1117     section for a taxable year during which the business entity claims or carries forward a tax credit
1118     available under Section 59-7-610 or 59-10-1007.
1119          (13) (a) On or before November 30, 2018, and every three years after 2018, the
1120     Revenue and Taxation Interim Committee shall review the tax credits provided by this section
1121     and make recommendations concerning whether the tax credits should be continued, modified,
1122     or repealed.
1123          (b) In conducting the review required by Subsection (13)(a), the Revenue and Taxation
1124     Interim Committee shall:
1125          (i) schedule time on at least one committee agenda to conduct the review;
1126          (ii) invite state agencies, individuals, and organizations concerned with the credits
1127     under review to provide testimony;
1128          (iii) ensure that the recommendations described in this section include an evaluation of:
1129          (A) the cost of the tax credits to the state;
1130          (B) the purpose and effectiveness of the tax credits; and
1131          (C) the extent to which the state benefits from the tax credits; and
1132          (iv) undertake other review efforts as determined by the chairs of the Revenue and
1133     Taxation Interim Committee.
1134          Section 30. Section 63N-4-104 is amended to read:
1135          63N-4-104. Duties.
1136          (1) The Office of Rural Development shall:
1137          (a) provide staff support to the Governor's Rural Partnership Board in accordance with
1138     Subsection 63C-10-102(6);
1139          (b) facilitate within GOED the implementation of the strategic plan prepared under
1140     Subsection 63C-10-103(1)(b);
1141          (c) work to enhance the capacity of GOED to address rural economic development,

1142     planning, and leadership training challenges and opportunities by establishing partnerships and
1143     positive working relationships with appropriate public and private sector entities, individuals,
1144     and institutions;
1145          (d) work with the Governor's Rural Partnership Board to coordinate and focus
1146     available resources in ways that address the economic development, planning, and leadership
1147     training challenges and priorities in rural Utah; [and]
1148          (e) assist the Governor's Rural Partnership Board in administering the Rural County
1149     Grant Program created in Section 17-54-103, including, as described in Subsection
1150     17-54-103(10), compiling reported information regarding the program for inclusion in GOED's
1151     annual written report described in Section 63N-1-301; and
1152          [(e)] (f) in accordance with economic development and planning policies set by state
1153     government, coordinate relations between:
1154          (i) the state;
1155          (ii) rural governments;
1156          (iii) other public and private groups engaged in rural economic planning and
1157     development; and
1158          (iv) federal agencies.
1159          (2) (a) The Office of Rural Development may:
1160          (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1161     make rules necessary to carry out its duties;
1162          (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
1163     Utah citizens; and
1164          (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
1165     for the use and benefit of rural citizens within the state.
1166          (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
1167     Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
1168          Section 31. Section 67-19-15 is amended to read:
1169          67-19-15. Career service -- Exempt positions -- Schedules for civil service
1170     positions -- Coverage of career service provisions.
1171          (1) Except as otherwise provided by law or by rules and regulations established for
1172     federally aided programs, the following positions are exempt from the career service provisions

1173     of this chapter and are designated under the following schedules:
1174          (a) schedule AA includes the governor, members of the Legislature, and all other
1175     elected state officers;
1176          (b) schedule AB includes appointed executives and board or commission executives
1177     enumerated in Section 67-22-2;
1178          (c) schedule AC includes all employees and officers in:
1179          (i) the office and at the residence of the governor;
1180          [(ii) the Utah Science Technology and Research Initiative (USTAR);]
1181          [(iii)] (ii) the Public Lands Policy Coordinating Council;
1182          [(iv)] (iii) the Office of the State Auditor; and
1183          [(v)] (iv) the Office of the State Treasurer;
1184          (d) schedule AD includes employees who:
1185          (i) are in a confidential relationship to an agency head or commissioner; and
1186          (ii) report directly to, and are supervised by, a department head, commissioner, or
1187     deputy director of an agency or its equivalent;
1188          (e) schedule AE includes each employee of the State Board of Education that the State
1189     Board of Education designates as exempt from the career service provisions of this chapter;
1190          (f) schedule AG includes employees in the Office of the Attorney General who are
1191     under their own career service pay plan under Sections 67-5-7 through 67-5-13;
1192          (g) schedule AH includes:
1193          (i) teaching staff of all state institutions; and
1194          (ii) employees of the Utah Schools for the Deaf and the Blind who are:
1195          (A) educational interpreters as classified by the department; or
1196          (B) educators as defined by Section 53E-8-102;
1197          (h) schedule AN includes employees of the Legislature;
1198          (i) schedule AO includes employees of the judiciary;
1199          (j) schedule AP includes all judges in the judiciary;
1200          (k) schedule AQ includes:
1201          (i) members of state and local boards and councils appointed by the governor and
1202     governing bodies of agencies;
1203          (ii) a water commissioner appointed under Section 73-5-1;

1204          (iii) other local officials serving in an ex officio capacity; and
1205          (iv) officers, faculty, and other employees of state universities and other state
1206     institutions of higher education;
1207          (l) schedule AR includes employees in positions that involve responsibility:
1208          (i) for determining policy;
1209          (ii) for determining the way in which a policy is carried out; or
1210          (iii) of a type not appropriate for career service, as determined by the agency head with
1211     the concurrence of the executive director;
1212          (m) schedule AS includes any other employee:
1213          (i) whose appointment is required by statute to be career service exempt;
1214          (ii) whose agency is not subject to this chapter; or
1215          (iii) whose agency has authority to make rules regarding the performance,
1216     compensation, and bonuses for its employees;
1217          (n) schedule AT includes employees of the Department of Technology Services,
1218     designated as executive/professional positions by the executive director of the Department of
1219     Technology Services with the concurrence of the executive director;
1220          (o) schedule AU includes patients and inmates employed in state institutions;
1221          (p) employees of the Department of Workforce Services, designated as schedule AW:
1222          (i) who are temporary employees that are federally funded and are required to work
1223     under federally qualified merit principles as certified by the director; or
1224          (ii) for whom substantially all of their work is repetitive, measurable, or transaction
1225     based, and who voluntarily apply for and are accepted by the Department of Workforce
1226     Services to work in a pay for performance program designed by the Department of Workforce
1227     Services with the concurrence of the executive director; and
1228          (q) for employees in positions that are temporary, seasonal, time limited, funding
1229     limited, or variable hour in nature, under schedule codes and parameters established by the
1230     department by administrative rule.
1231          (2) The civil service shall consist of two schedules as follows:
1232          (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
1233          (ii) Removal from any appointive position under schedule A, unless otherwise
1234     regulated by statute, is at the pleasure of the appointing officers without regard to tenure.

1235          (b) Schedule B is the competitive career service schedule, consisting of:
1236          (i) all positions filled through competitive selection procedures as defined by the
1237     executive director; or
1238          (ii) positions filled through a department approved on-the-job examination intended to
1239     appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter
1240     10, Veterans Preference.
1241          (3) (a) The executive director, after consultation with the heads of concerned executive
1242     branch departments and agencies and with the approval of the governor, shall allocate positions
1243     to the appropriate schedules under this section.
1244          (b) Agency heads shall make requests and obtain approval from the executive director
1245     before changing the schedule assignment and tenure rights of any position.
1246          (c) Unless the executive director's decision is reversed by the governor, when the
1247     executive director denies an agency's request, the executive director's decision is final.
1248          (4) (a) Compensation for employees of the Legislature shall be established by the
1249     directors of the legislative offices in accordance with Section 36-12-7.
1250          (b) Compensation for employees of the judiciary shall be established by the state court
1251     administrator in accordance with Section 78A-2-107.
1252          (c) Compensation for officers, faculty, and other employees of state universities and
1253     institutions of higher education shall be established as provided in Title 53B, Chapter 1,
1254     Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
1255     Higher Education.
1256          (d) Unless otherwise provided by law, compensation for all other schedule A
1257     employees shall be established by their appointing authorities, within ranges approved by, and
1258     after consultation with the executive director of the Department of Human Resource
1259     Management.
1260          (5) An employee who is in a position designated schedule AC and who holds career
1261     service status on June 30, 2010, shall retain the career service status if the employee:
1262          (a) remains in the position that the employee is in on June 30, 2010; and
1263          (b) does not elect to convert to career service exempt status in accordance with a rule
1264     made by the department.
1265          Section 32. Repealer.

1266          This bill repeals:
1267          Section 13-1-14, Workforce Development Restricted Account.
1268          Section 59-7-614.11, Nonrefundable nonprofit contribution tax credit.
1269          Section 59-10-1039, Nonrefundable nonprofit contribution tax credit.
1270          Section 63M-2-101, Title.
1271          Section 63M-2-102, Definitions.
1272          Section 63M-2-301, The Utah Science Technology and Research Initiative --
1273     Governing authority -- Program director.
1274          Section 63M-2-302, USTAR powers and duties.
1275          Section 63M-2-302.5, USTAR requirements.
1276          Section 63M-2-304, Background checks for employees.
1277          Section 63M-2-501, Title.
1278          Section 63M-2-502, Principal researchers -- Agreement requirements --
1279     Discontinuing funding.
1280          Section 63M-2-503, USTAR grant programs.
1281          Section 63M-2-504, Other USTAR support.
1282          Section 63M-2-601, Title.
1283          Section 63M-2-602, Lease agreement for a research building -- Requirements for
1284     lease agreement.
1285          Section 63M-2-701, Title.
1286          Section 63M-2-703, Reporting requirements for private entities.
1287          Section 63M-2-801, Title.
1288          Section 63M-2-802, USTAR annual report.
1289          Section 63M-2-803, Audit requirements.
1290          Section 63N-2-213.5, State tax credits for contributions to a nonprofit corporation.
1291          Section 63N-3-104, Rural Fast Track Program -- Creation -- Funding --
1292     Qualifications for program participation -- Awards -- Reports.
1293          Section 63N-3-104.5, Business Expansion and Retention Initiative -- Creation --
1294     Funding -- Qualifications for program participation -- Awards -- Reports.
1295          Section 33. Appropriation.
1296          Subsection 33(a). Appropriation for fiscal year 2020.

1297          The following sums of money are appropriated for the fiscal year beginning July 1,
1298     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
1299     fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1300     Act, the Legislature appropriates the following sums of money from the funds or accounts
1301     indicated for the use and support of the government of the state of Utah.
1302     ITEM 1
1303          To Utah Science Technology and Research Governing Authority -- Support Programs
1304               From General Fund, One-time
($1,436,200)

1305               Schedule of Programs:
1306                    Incubation Programs                         ($1,436,200)
1307     ITEM 2
1308          To Utah Science Technology and Research Governing Authority -- Grant Programs
1309               From General Fund, One-time
($1,765,200)

1310               Schedule of Programs:
1311                    Industry Partnership Program               ($1,765,200)
1312     ITEM 3
1313          To Utah Science Technology and Research Governing Authority -- USTAR
1314     Administration
1315          From General Fund, One-time
($1,512,500)

1316               Schedule of Programs:
1317                    Administration                         ($330,300)
1318                    Project Management & Compliance               ($1,182,200)
1319     ITEM 4
1320          To General Fund Restricted -- Workforce Development Restricted Account
1321               From General Fund, One-time
($14,636,900)

1322               Schedule of Programs:
1323                    Workforce Development Restricted Account     ($14,636,900)
1324          Subsection 33(b). Appropriation for fiscal year 2021.
1325          The following sums of money are appropriated for the fiscal year beginning July 1,
1326     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
1327     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures

1328     Act, the Legislature appropriates the following sums of money from the funds or accounts
1329     indicated for the use and support of the government of the state of Utah.
1330     ITEM 1
1331          To General Fund Restricted -- Workforce Development Restricted Account
1332               From General Fund
($14,636,900)

1333               Schedule of Programs:
1334                    Workforce Development Restricted Account     ($14,636,900)
1335     ITEM 2
1336          To Governor's Office of Economic Development -- Rural County Grant Program
1337               From General Fund
$10,000,000

1338               Schedule of Programs
1339                    Rural County Grant Program                    $10,000,000
1340     ITEM 3
1341          To Governor's Office of Economic Development -- Pass-through
1342               From General Fund
($385,600)

1343               From Dedicated Credits Revenue
($16,100)

1344               Schedule of Programs:
1345                    Pass-through                              ($401,700)
1346     ITEM 4
1347          To Governor's Office of Economic Development -- SBIR/STTR Center
1348               From General Fund
$385,600

1349               From Dedicated Credits Revenue
$16,100

1350               Schedule of Programs:
1351                    SBIR/STTR Center                         $401,700
1352          Section 34. Retrospective operation.
1353          The repeal of Sections 59-7-614.11, 59-10-1039, and 63N-2-213.5 in this bill have
1354     retrospective operation for a taxable year beginning on or after January 1, 2020.
1355          Section 35. Effective date.
1356          (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2020.
1357          (2) Uncodified Subsection 33(a), Appropriation for Fiscal Year 2020, takes effect on
1358     May 12, 2020.

1359          Section 36. Coordinating S.B. 95 with H.B. 72 -- Substantive and technical
1360     amendments.
1361          If this S.B. 95 and S.B. 72, Revisor's Technical Corrections to Utah Code, both pass
1362     and become law, it is the intent of the Legislature that on July 1, 2020, the amendments to
1363     Sections 59-7-610 and 59-10-1007 in this bill supersede the amendments to Sections 59-7-610
1364     and 59-10-1007 in S.B. 72, when the Office of Legislative Research and General Counsel
1365     prepares the Utah Code database for publication.
1366          Section 37. Coordinating S.B. 95 with H.B. 179 -- Substantive and technical
1367     amendments.
1368          If this S.B. 95 and H.B. 179, Recycling Market Development Zone Tax Credit
1369     Amendments, both pass and become law, it is the intent of the Legislature that on July 1, 2020,
1370     the amendments to Section 63I-1-263 in this bill supersede the amendments to Section
1371     63I-1-263 in H.B. 179, when the Office of Legislative Research and General Counsel prepares
1372     the Utah Code database for publication.