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7 LONG TITLE
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20 Liaison Committee, which was previously repealed;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
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 36-32-101 is enacted to read:
43
44
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; [
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[
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.
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292 2026.
293 [
294 [
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 [
317 repealed July 1, 2026.
318 [
319 Marriage Commission, is repealed July 1, 2023.
320 [
321 repealed July 1, 2022.
322 [
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 [
328 Commission, is repealed January 1, 2025.
329 [
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 [
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 [
349 63M-7-504, is repealed July 1, 2027.
350 [
351 2021.
352 [
353 repealed on January 1, 2023.
354 [
355 [
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 [
374 [
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 [
385 2023.
386 [
387 repealed July 1, 2023.
388 [
389 Program, is repealed January 1, 2023.
390 [
391 [
392 [
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395 [
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400 [
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 [
407 January 1, 2023.