Chief Sponsor: Daniel McCay

House Sponsor: Mike Winder


8     Committee Note:
9          The Economic Development and Workforce Services Interim Committee recommended
10     this bill.
11               Legislative Vote:     10 voting for     0 voting against     7 absent
12     General Description:
13          This bill addresses provisions related to certain boards, commissions, and committees.
14     Highlighted Provisions:
15          This bill:
16          ▸     repeals sunset provisions related to the Utah State Fair Corporation Board of
17     Directors;
18          ▸     repeals sunset provisions related to the Pete Suazo Utah Athletic Commission;
19          ▸     reinstates and describes the duties of the Economic Development Legislative
20     Liaison Committee, which was previously repealed;
21          ▸     provides that the Economic Development Legislative Liaison Committee is not a
22     public body for purposes of the Open and Public Meetings Act; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     AMENDS:
30          52-4-103, as last amended by Laws of Utah 2019, Chapters 25 and 246
31          63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
32     469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
33     246
34     ENACTS:
35          36-32-101, Utah Code Annotated 1953
36          36-32-102, Utah Code Annotated 1953
37          36-32-201, Utah Code Annotated 1953
38          36-32-202, Utah Code Annotated 1953
39          36-32-203, Utah Code Annotated 1953

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 36-32-101 is enacted to read:


45          36-32-101. Title.
46          This chapter is known as the "Economic Development Legislative Liaison Committee."
47          Section 2. Section 36-32-102 is enacted to read:
48          36-32-102. Definitions.
49          (1) "Classification" means the same as that term is defined in Section 63G-2-103.
50          (2) "Committee" means the Economic Development Legislative Liaison Committee
51     created in this chapter.
52          (3) "Improper use" means:
53          (a) to further substantially one's own or another's personal economic interest;
54          (b) to secure special privileges or exemptions for one's self or another; or
55          (c) to cause economic injury or damage to:
56          (i) an individual or business entity; or
57          (ii) an individual's or a business entity's property, reputation, or business interests.
58          (4) "Office" means the Governor's Office of Economic Development created in Section

59     63N-1-201.
60          (5) "Record" means the same as that term defined in Section 63G-2-103.
61          Section 3. Section 36-32-201 is enacted to read:
62          36-32-201. Economic Development Legislative Liaison Committee -- Creation --
63     Membership -- Chairs -- Per diem.
64          (1) There is created the Economic Development Legislative Liaison Committee.
65          (2) The committee membership consists of the following eight members:
66          (a) four members from the House of Representatives, appointed by the speaker of the
67     House of Representatives, with no more than three from the same political party; and
68          (b) four members from the Senate, appointed by the president of the Senate, with no
69     more than three members from the same political party.
70          (3) Five members of the committee constitute a quorum.
71          (4) (a) The speaker of the House of Representatives shall designate a member of the
72     House of Representatives appointed under Subsection (2)(a) as a cochair of the committee.
73          (b) The president of the Senate shall designate a member of the Senate appointed under
74     Subsection (2)(b) as a cochair of the committee.
75          (5) A committee member shall receive compensation and expenses as provided by
76     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
77          Section 4. Section 36-32-202 is enacted to read:
78          36-32-202. Duties -- Confidential information -- Records.
79          (1) The committee shall receive reports from the office regarding:
80          (a) how the office is:
81          (i) promoting and encouraging economic development in the state; and
82          (ii) creating, developing, attracting, and retaining business, industry, and commerce in
83     the state;
84          (b) an economic development incentive or program the office administers;
85          (c) a contract or agreement that the office has entered into with a public or private
86     entity;
87          (d) a grant that the office has made to a public or private entity;
88          (e) any funds from a public or private source that the office has expended;
89          (f) any money, services, or facilities the office has solicited or accepted from a public

90     or private donor;
91          (g) a policy, priority, or objective under which the office operates; or
92          (h) any other economic development related information that the office can provide.
93          (2) At the beginning of each meeting, the cochairs of the committee shall inform each
94     individual in attendance that there may be:
95          (a) restrictions on the disclosure or improper use of information the committee receives
96     during the meeting; and
97          (b) penalties for not complying with the restrictions on the disclosure or improper use
98     of information the committee receives during the meeting.
99          (3) (a) Before adjourning a meeting of the committee, the office shall inform the
100     committee whether the information the office provides under this section is subject to
101     restrictions on the disclosure or improper use of the information.
102          (b) The committee shall comply with any restrictions on the disclosure or improper use
103     of information.
104          (c) An individual may not disclose or improperly use information that is:
105          (i) received by the individual at a committee meeting; and
106          (ii) determined to be confidential or subject to restrictions on disclosure or improper
107     use under Subsection (3)(a).
108          (d) An individual who intentionally discloses or improperly uses information described
109     under Subsection (3)(c) knowing that the disclosure or improper use is prohibited under this
110     section is guilty of a class B misdemeanor.
111          (4) (a) The office's sharing of records with the committee is governed by this section
112     rather than Section 63G-2-206.
113          (b) The office shall inform the committee of the office's classification of any record the
114     office provides to the committee.
115          (c) The committee is subject to the same restrictions on disclosure or use of a record
116     the committee receives from the office as the office is subject to.
117          (d) An individual that violates the restrictions on disclosure or improper use described
118     under Subsection (4)(c) is subject to:
119          (i) the applicable penalties provided under Title 63G, Chapter 2, Government Records
120     Access and Management Act; and

121          (ii) any other applicable penalties provided by law.
122          (e) A person may not make a request under Title 63G, Chapter 2, Government Records
123     Access and Management Act, or this section, for access to a record in possession of the
124     committee if the committee received the record from the office in accordance with this section.
125          (5) The committee may not:
126          (a) request legislation;
127          (b) recommend legislation;
128          (c) take a position on a matter of public policy;
129          (d) except as necessary to obtain the information described in Subsection (1), direct the
130     negotiations, activities, or work of the office; or
131          (e) require the office to request company-specific tax information from the State Tax
132     Commission.
133          (6) The committee shall comply with the rules of legislative interim committees unless
134     those rules conflict with this section.
135          (7) The committee may meet as needed.
136          Section 5. Section 36-32-203 is enacted to read:
137          36-32-203. Staff support.
138          The Office of Legislative Research and General Counsel and the Office of the
139     Legislative Fiscal Analyst shall jointly provide staff services to the committee.
140          Section 6. Section 52-4-103 is amended to read:
141          52-4-103. Definitions.
142          As used in this chapter:
143          (1) "Anchor location" means the physical location from which:
144          (a) an electronic meeting originates; or
145          (b) the participants are connected.
146          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
147     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
148     City.
149          (3) (a) "Convening" means the calling together of a public body by a person authorized
150     to do so for the express purpose of discussing or acting upon a subject over which that public
151     body has jurisdiction or advisory power.

152          (b) "Convening" does not include the initiation of a routine conversation between
153     members of a board of trustees of a large public transit district if the members involved in the
154     conversation do not, during the conversation, take a tentative or final vote on the matter that is
155     the subject of the conversation.
156          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
157     conference using electronic communications.
158          (5) "Electronic message" means a communication transmitted electronically, including:
159          (a) electronic mail;
160          (b) instant messaging;
161          (c) electronic chat;
162          (d) text messaging, as that term is defined in Section 76-4-401; or
163          (e) any other method that conveys a message or facilitates communication
164     electronically.
165          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
166     quorum present, including a workshop or an executive session, whether in person or by means
167     of electronic communications, for the purpose of discussing, receiving comments from the
168     public about, or acting upon a matter over which the public body or specific body has
169     jurisdiction or advisory power.
170          (b) "Meeting" does not mean:
171          (i) a chance gathering or social gathering;
172          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
173     accordance with Section 59-1-405; or
174          (iii) a convening of a three-member board of trustees of a large public transit district as
175     defined in Section 17B-2a-802 if:
176          (A) the board members do not, during the conversation, take a tentative or final vote on
177     the matter that is the subject of the conversation; or
178          (B) the conversation pertains only to day-to-day management and operation of the
179     public transit district.
180          (c) "Meeting" does not mean the convening of a public body that has both legislative
181     and executive responsibilities if:
182          (i) no public funds are appropriated for expenditure during the time the public body is

183     convened; and
184          (ii) the public body is convened solely for the discussion or implementation of
185     administrative or operational matters:
186          (A) for which no formal action by the public body is required; or
187          (B) that would not come before the public body for discussion or action.
188          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
189     public statements of each member of the public body who is participating in a meeting.
190          (8) "Participate" means the ability to communicate with all of the members of a public
191     body, either verbally or electronically, so that each member of the public body can hear or
192     observe the communication.
193          (9) (a) "Public body" means:
194          (i) any administrative, advisory, executive, or legislative body of the state or its
195     political subdivisions that:
196          (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
197          (B) consists of two or more persons;
198          (C) expends, disburses, or is supported in whole or in part by tax revenue; and
199          (D) is vested with the authority to make decisions regarding the public's business; or
200          (ii) any administrative, advisory, executive, or policymaking body of an association, as
201     that term is defined in Section 53G-7-1101, that:
202          (A) consists of two or more persons;
203          (B) expends, disburses, or is supported in whole or in part by dues paid by a public
204     school or whose employees participate in a benefit or program described in Title 49, Utah State
205     Retirement and Insurance Benefit Act; and
206          (C) is vested with authority to make decisions regarding the participation of a public
207     school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
208          (b) "Public body" includes:
209          (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
210     Section 11-13-103;
211          (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
212     and
213          (iii) the Utah Independent Redistricting Commission.

214          (c) "Public body" does not include:
215          (i) a political party, a political group, or a political caucus;
216          (ii) a conference committee, a rules committee, or a sifting committee of the
217     Legislature;
218          (iii) a school community council or charter trust land council, as that term is defined in
219     Section 53G-7-1203;
220          (iv) a taxed interlocal entity, as that term is defined in Section 11-13-602; [or]
221          (v) the following Legislative Management subcommittees, which are established in
222     Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to
223     recommend for employment, except that the meeting in which a subcommittee votes to
224     recommend that a candidate be employed shall be subject to the provisions of this act:
225          (A) the Research and General Counsel Subcommittee;
226          (B) the Budget Subcommittee; and
227          (C) the Audit Subcommittee[.]; or
228          (vi) the Economic Development Legislative Liaison Committee created in Section
229     36-32-201.
230          (10) "Public statement" means a statement made in the ordinary course of business of
231     the public body with the intent that all other members of the public body receive it.
232          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
233     otherwise defined by applicable law.
234          (b) "Quorum" does not include a meeting of two elected officials by themselves when
235     no action, either formal or informal, is taken.
236          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
237     meeting that can be used to review the proceedings of the meeting.
238          (13) "Specified body":
239          (a) means an administrative, advisory, executive, or legislative body that:
240          (i) is not a public body;
241          (ii) consists of three or more members; and
242          (iii) includes at least one member who is:
243          (A) a legislator; and
244          (B) officially appointed to the body by the president of the Senate, speaker of the

245     House of Representatives, or governor; and
246          (b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(v).
247          (14) "Transmit" means to send, convey, or communicate an electronic message by
248     electronic means.
249          Section 7. Section 63I-1-263 is amended to read:
250          63I-1-263. Repeal dates, Titles 63A to 63N.
251          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
252          (a) Subsection 63A-1-201(1) is repealed;
253          (b) Subsection 63A-1-202(2)(c), the language that states "using criteria established by
254     the board" is repealed;
255          (c) Section 63A-1-203 is repealed;
256          (d) Subsections 63A-1-204(1) and (2), the language that states "After consultation with
257     the board, and" is repealed; and
258          (e) Subsection 63A-1-204(1)(b), the language that states "using the standards provided
259     in Subsection 63A-1-203(3)(c)" is repealed.
260          (2) Subsection 63A-5-228(2)(h), relating to prioritizing and allocating capital
261     improvement funding, is repealed on July 1, 2024.
262          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
263          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
264     1, 2028.
265          (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
266     2025.
267          (6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
268     2020.
269          (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
270     repealed July 1, 2021.
271          (8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
272     2023.
273          (9) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
274     2025.
275          (10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,

276     2020.
277          [(11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:]
278          [(a) Subsection 63H-6-104(2)(c), related to a Senate appointment, is repealed;]
279          [(b) Subsection 63H-6-104(2)(d), related to a House appointment, is repealed;]
280          [(c) in Subsection 63H-6-104(2)(e), the language that states ", of whom only one may
281     be a legislator, in accordance with Subsection (3)(e)," is repealed;]
282          [(d) Subsection 63H-6-104(3)(a)(i) is amended to read:]
283          ["(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
284     Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
285     year that the board member was appointed.";]
286          [(e) in Subsections 63H-6-104(3)(a)(ii), (c)(ii), and (d), the language that states "the
287     president of the Senate, the speaker of the House, the governor," is repealed and replaced with
288     "the governor"; and]
289          [(f) Subsection 63H-6-104(3)(e), related to limits on the number of legislators, is
290     repealed.]
291          [(12)] (11) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
292     2026.
293          [(13)] (12) Section 63M-7-212 is repealed on December 31, 2019.
294          [(14)] (13) On July 1, 2025:
295          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
296     Development Coordinating Committee," is repealed;
297          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
298     sites for the transplant of species to local government officials having jurisdiction over areas
299     that may be affected by a transplant.";
300          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
301     Coordinating Committee" is repealed;
302          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
303     Coordinating Committee created in Section 63J-4-501 and" is repealed;
304          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
305     Coordinating Committee and" is repealed;
306          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered

307     accordingly;
308          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
309          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
310     word "and" is inserted immediately after the semicolon;
311          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
312          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
313     and
314          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
315     renumbered accordingly.
316          [(15)] (14) Subsection 63J-1-602.1(13), Nurse Home Visiting Restricted Account is
317     repealed July 1, 2026.
318          [(16)] (15) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah
319     Marriage Commission, is repealed July 1, 2023.
320          [(17)] (16) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is
321     repealed July 1, 2022.
322          [(18)] (17) (a) Subsection 63J-1-602.1(53), relating to the Utah Statewide Radio
323     System Restricted Account, is repealed July 1, 2022.
324          (b) When repealing Subsection 63J-1-602.1(53), the Office of Legislative Research and
325     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
326     necessary changes to subsection numbering and cross references.
327          [(19)] (18) Subsection 63J-1-602.2(23), related to the Utah Seismic Safety
328     Commission, is repealed January 1, 2025.
329          [(20)] (19) Subsection 63J-4-708(1), in relation to the Talent Ready Utah Board, on
330     January 1, 2023, is amended to read:
331          "(1) On or before October 1, the board shall provide an annual written report to the
332     Social Services Appropriations Subcommittee and the Economic Development and Workforce
333     Services Interim Committee.".
334          [(21)] (20) In relation to the Utah Substance Use and Mental Health Advisory Council,
335     on January 1, 2023:
336          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
337     repealed;

338          (b) Section 63M-7-305, the language that states "council" is replaced with
339     "commission";
340          (c) Subsection 63M-7-305(1) is repealed and replaced with:
341          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
342          (d) Subsection 63M-7-305(2) is repealed and replaced with:
343          "(2) The commission shall:
344          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
345     Drug-Related Offenses Reform Act; and
346          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
347     Subsections 77-18-1(5)(b)(iii) and (iv).".
348          [(22)] (21) The Crime Victim Reparations and Assistance Board, created in Section
349     63M-7-504, is repealed July 1, 2027.
350          [(23)] (22) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
351     2021.
352          [(24)] (23) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is
353     repealed on January 1, 2023.
354          [(25)] (24) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
355          [(26)] (25) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
356     is repealed January 1, 2021.
357          (b) Subject to Subsection (26)(c), Sections 59-7-610 and 59-10-1007 regarding tax
358     credits for certain persons in recycling market development zones, are repealed for taxable
359     years beginning on or after January 1, 2021.
360          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
361          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
362     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
363          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
364     the expenditure is made on or after January 1, 2021.
365          (d) Notwithstanding Subsections (26)(b) and (c), a person may carry forward a tax
366     credit in accordance with Section 59-7-610 or 59-10-1007 if:
367          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
368          (ii) (A) for the purchase price of machinery or equipment described in Section

369     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
370     2020; or
371          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
372     expenditure is made on or before December 31, 2020.
373          [(27)] (26) Section 63N-2-512 is repealed on July 1, 2021.
374          [(28)] (27) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
375     January 1, 2021.
376          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
377     calendar years beginning on or after January 1, 2021.
378          (c) Notwithstanding Subsection (28)(b), an entity may carry forward a tax credit in
379     accordance with Section 59-9-107 if:
380          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
381     31, 2020; and
382          (ii) the qualified equity investment that is the basis of the tax credit is certified under
383     Section 63N-2-603 on or before December 31, 2023.
384          [(29)] (28) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1,
385     2023.
386          [(30)] (29) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
387     repealed July 1, 2023.
388          [(31)] (30) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
389     Program, is repealed January 1, 2023.
390          [(32) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:]
391          [(a) Subsection 63N-10-201(2)(a) is amended to read:]
392          ["(2) (a) The governor shall appoint five commission members with the advice and
393     consent of the Senate.";]
394          [(b) Subsection 63N-10-201(2)(b), related to legislative appointments, is repealed;]
395          [(c) in Subsection 63N-10-201(3)(a), the language that states ", president, or speaker,
396     respectively," is repealed; and]
397          [(d) Subsection 63N-10-201(3)(d) is amended to read:]
398          ["(d) The governor may remove a commission member for any reason and replace the
399     commission member in accordance with this section.".]

400          [(33)] (31) In relation to the Talent Ready Utah Board, on January 1, 2023:
401          (a) Subsection 9-22-102(16) is repealed;
402          (b) in Subsection 9-22-114(2), the language that states "Talent Ready Utah," is
403     repealed; and
404          (c) in Subsection 9-22-114(5), the language that states "representatives of Talent Ready
405     Utah," is repealed.
406          [(34)] (32) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed
407     January 1, 2023.