1     
INTERGENERATIONAL POVERTY SOLUTION

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K. Thurston

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Education Savings Incentive Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Education Savings Incentive Program (the program), including:
14               •     providing a process for an individual identified by the Department of Workforce
15     Services as experiencing intergenerational poverty to receive a state match of
16     deposits into certain 529 savings accounts;
17               •     providing for the sharing of information between the Department of Workforce
18     Services, the Utah Educational Savings Plan, and the State Tax Commission;
19     and
20               •     requiring the Department of Workforce Services and the Utah Educational
21     Savings Plan to provide information about the program to the Legislature
22     through the department's annual report; and
23          ▸     sets a termination date for the program but requires legislative review before the
24     termination date to determine whether the Legislature should extend the program.
25     Money Appropriated in this Bill:
26          This bill appropriates in fiscal year 2023:
27          ▸     to Education Fund Restricted -- Education Savings Incentive Restricted Account, as

28     an ongoing appropriation:
29               •     from Education Fund, $870,800.
30          ▸     to Education Fund Restricted -- Education Savings Incentive Restricted Account, as
31     a one-time appropriation:
32               •     from Education Fund, $6,900.
33          ▸     to Department of Workforce Services -- Administration, as an ongoing
34     appropriation:
35               •     from Education Fund Restricted -- Education Savings Incentive Restricted
36     Account, $870,800.
37          ▸     to Department of Workforce Services -- Operations and Policy, as a one-time
38     appropriation:
39               •     from Education Fund Restricted -- Education Savings Incentive Restricted
40     Account, $6,900.
41     Other Special Clauses:
42          This bill provides a special effective date.
43     Utah Code Sections Affected:
44     AMENDS:
45          59-1-403, as last amended by Laws of Utah 2021, Chapters 282, 367, 369, and 382
46          63I-1-235, as last amended by Laws of Utah 2021, Chapters 28 and 282
47          63I-1-253, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
48          63I-1-259, as last amended by Laws of Utah 2021, Chapters 64 and 371
49     ENACTS:
50          35A-9-601, Utah Code Annotated 1953
51          35A-9-602, Utah Code Annotated 1953
52          35A-9-603, Utah Code Annotated 1953
53          35A-9-604, Utah Code Annotated 1953
54          35A-9-605, Utah Code Annotated 1953
55          35A-9-606, Utah Code Annotated 1953
56          53B-8a-301, Utah Code Annotated 1953
57          53B-8a-302, Utah Code Annotated 1953
58          53B-8a-303, Utah Code Annotated 1953

59     

60     Be it enacted by the Legislature of the state of Utah:
61          Section 1. Section 35A-9-601 is enacted to read:
62     
Part 6. Education Savings Incentive Program

63          35A-9-601. Definitions.
64          As used in this part:
65          (1) "529 savings account" means a tax-advantaged method of saving for higher
66     education costs that:
67          (a) meets the requirements of Section 529, Internal Revenue Code; and
68          (b) is managed by the plan.
69          (2) "Beneficiary" means the individual designated:
70          (a) in a 529 savings account agreement between a person, an estate, or a trust and the
71     plan; and
72          (b) to benefit from the amount saved in a 529 savings account.
73          (3) "Commission" means the State Tax Commission.
74          (4) "Deposit" means the payment of money from a source other than a match.
75          (5) "Eligible 529 savings account" means a 529 savings account for which:
76          (a) a qualifying individual is the account owner; and
77          (b) a qualifying individual or a minor dependent of a qualifying individual is a
78     beneficiary.
79          (6) "Federal earned income tax credit" means the federal earned income tax credit:
80          (a) described in Section 32, Internal Revenue Code; and
81          (b) that a qualifying individual claims and is eligible to claim on the federal income tax
82     return for the taxable year.
83          (7) "Match" means the monetary amount described in Subsection 35A-9-603(2).
84          (8) "Minor dependent" means an individual under the age of 19 for whom a qualifying
85     individual can claim a tax credit under Section 24, Internal Revenue Code, on the qualifying
86     individual's federal income tax return for the taxable year.
87          (9) "Plan" means the Utah Educational Savings Plan created in Section 53B-8a-103.
88          (10) "Program" means the Education Savings Incentive Program created in Section
89     35A-9-603.

90          (11) "Qualifying individual" means an individual who the department identifies as
91     experiencing intergenerational poverty and who has not been disqualified from participating in
92     the program for overclaiming a match in a previous year.
93          Section 2. Section 35A-9-602 is enacted to read:
94          35A-9-602. Education Savings Incentive Restricted Account.
95          (1) There is created a restricted account within the Education Fund to be known as the
96     Education Savings Incentive Restricted Account.
97          (2) The department shall administer the restricted account for the purposes described in
98     this part.
99          (3) The state treasurer shall invest the money in the restricted account according to the
100     procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that
101     interest and other earnings derived from the restricted account shall be deposited into the
102     restricted account.
103          (4) The restricted account shall be funded by:
104          (a) appropriations made to the account by the Legislature; and
105          (b) private donations, grants, gifts, bequests, or money made available from any other
106     source to implement this part.
107          (5) Subject to appropriation, the department:
108          (a) shall use restricted account money for the program; and
109          (b) may use a portion of the restricted account money for administration of the
110     program.
111          Section 3. Section 35A-9-603 is enacted to read:
112          35A-9-603. Education Savings Incentive Program.
113          (1) (a) There is created the Education Savings Incentive Program to provide an annual
114     monetary match to eligible 529 savings accounts.
115          (b) The program is established within the higher education system.
116          (c) The department shall implement the program as early as is practicable, but the
117     department shall begin accepting applications for the program no later than January 1, 2023.
118          (2) (a) For each qualifying individual that meets the requirements of Subsection (3), the
119     state shall match, during a calendar year, the amount of a deposit into one or more of the
120     qualifying individual's eligible 529 savings accounts up to $300.

121          (b) The amount in Subsection (2)(a) is the maximum match amount per family per
122     calendar year.
123          (c) (i) Except as provided in Subsections (2)(c)(ii) and (iii), the match rate is $1 for
124     each $1 deposit.
125          (ii) In a fiscal year where the balance of money in the restricted account is insufficient
126     to sustain a $1 for each $1 deposit match rate, the department shall reduce the amount of each
127     match proportionately.
128          (iii) (A) Subject to Subsection (2)(c)(iii)(B), in a fiscal year when the balance of the
129     money in the restricted account exceeds the amount needed for a $1 for each $1 deposit match
130     rate, the department shall increase the amount of each match proportionately.
131          (B) If a qualifying individual's proportionate share under Subsection (2)(c)(iii)(A) is
132     greater than the amount allowed under Subsections (2)(a) and (b), the qualifying individual
133     shall receive the amount allowed under Subsections (2)(a) and (b).
134          (3) To participate in the program, a qualifying individual shall:
135          (a) apply with the department in accordance with Section 35A-9-604;
136          (b) claim and receive a federal earned income tax credit on the qualifying individual's
137     federal income tax return for the previous taxable year; and
138          (c) during the calendar year for which the qualifying individual applies to participate in
139     the program, be the account owner of one or more eligible 529 savings accounts into which a
140     deposit was made.
141          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
142     department may make rules governing:
143          (a) administration of the program; and
144          (b) after consulting with the plan, additional information to request in the application
145     for the program.
146          Section 4. Section 35A-9-604 is enacted to read:
147          35A-9-604. Application for program.
148          (1) The department shall provide to each qualifying individual:
149          (a) notice of the program;
150          (b) information about the benefits of participating in the program;
151          (c) information explaining that participation in the program requires that the qualifying

152     individual:
153          (i) apply for the program in accordance with this section;
154          (ii) be eligible for and claim a federal earned income tax credit for the taxable year
155     before the year in which the qualifying individual applies for the program;
156          (iii) own one or more eligible 529 savings accounts into which a deposit is made
157     during the same year for which the qualifying individual applies for the program; and
158          (iv) sign an information release;
159          (d) information about how to claim a federal earned income tax credit;
160          (e) information about how to open an eligible 529 savings account; and
161          (f) information about how to apply for the program.
162          (2) (a) To participate in the program, a qualifying individual shall complete annually an
163     online application that includes:
164          (i) a means for a qualifying individual to sign the information release described in
165     Subsection (2)(b);
166          (ii) a statement that the qualifying individual claimed a federal earned income tax
167     credit for the previous taxable year;
168          (iii) the name of the account owner, the name of the beneficiary, and the account
169     number of any of the qualifying individual's eligible 529 savings accounts;
170          (iv) the amount of deposit into one or more of the qualifying individual's eligible 529
171     savings accounts during the calendar year in which the application is made;
172          (v) the allocation of the match among the qualifying individual's eligible 529 savings
173     accounts; and
174          (vi) any other information required by the department, the plan, or the commission to
175     administer the program.
176          (b) The department, the plan, and the commission shall develop an information release
177     that directs and allows:
178          (i) the department to report to the plan:
179          (A) the name and identifying information of the qualifying individual;
180          (B) contact information for the qualifying individual; and
181          (C) the name of the account owner, the name of the beneficiary, and the account
182     number of any eligible 529 savings account;

183          (ii) the plan to report to the department:
184          (A) the account number, name of the account owner, and the name of the beneficiary
185     for each eligible 529 savings account into which a deposit was made during the calendar year;
186     and
187          (B) the amount of deposit made into each eligible 529 savings account for the calendar
188     year;
189          (iii) the department to disclose to the commission, if the plan lists the qualifying
190     individual on the report described in Section 53B-8a-302, the name and identifying information
191     of the qualifying individual; and
192          (iv) the commission to disclose to the department, whether the qualifying individual
193     claimed a federal earned income tax credit on the qualifying individual's federal income tax
194     return for a taxable year.
195          (3) (a) The department shall provide to the plan the information described in
196     Subsection (2)(b)(i) for each qualifying individual that the department determines completes
197     the application requirements described in Subsection (2).
198          (b) The department shall provide the information described in Subsection (3)(a):
199          (i) in a single report; and
200          (ii) with information about which calendar year the department requests a report under
201     Section 53B-8a-302.
202          (4) (a) The department may provide to the commission the information described in
203     Subsection (2)(b)(iii) for each qualifying individual that the plan lists on the report described in
204     Section 53B-8a-302.
205          (b) The department shall provide the information described in Subsection (4)(a):
206          (i) in a single report; and
207          (ii) with information about which calendar year the department requires a disclosure
208     under Subsection 59-1-403(4)(aa).
209          (5) The department, the plan, and the commission shall provide for the security and
210     maintenance of confidentiality of any information shared under an information release.
211          (6) (a) The department shall determine whether an applicant for the program:
212          (i) is a qualifying individual; and
213          (ii) meets the program requirements described in this section.

214          (b) An applicant may not appeal the department's determination that the applicant is
215     not a qualifying individual.
216          (c) An applicant may reapply if the department later identifies the applicant as a
217     qualifying individual.
218          Section 5. Section 35A-9-605 is enacted to read:
219          35A-9-605. Payment of match.
220          (1) Subject to the other provisions of this section, the department shall transfer money
221     appropriated from the Education Savings Incentive Restricted Account to the plan in the
222     amount of each qualifying individual's match.
223          (2) The department shall send with the transfer described in Subsection (1), for each
224     qualifying individual that is receiving a match:
225          (a) the amount of the match for the qualifying individual;
226          (b) the qualifying individual's allocation of the match among eligible 529 savings
227     accounts; and
228          (c) for each eligible 529 savings account into which the qualifying individual allocates
229     the match:
230          (i) the name of the qualifying individual who is the account owner;
231          (ii) the name of the beneficiary; and
232          (iii) the account number.
233          Section 6. Section 35A-9-606 is enacted to read:
234          35A-9-606. Reporting to the department -- Annual report.
235          (1) On or before September 1, the plan shall submit to the department the aggregate
236     average balance in eligible 529 savings accounts during the previous calendar year.
237          (2) The department shall include in the annual report required by Section 35A-1-109
238     the following information for the previous calendar year:
239          (a) the number of qualifying individuals to whom the department provides notice of the
240     program;
241          (b) the number of applications for the program;
242          (c) the number of applications for the program from qualifying individuals;
243          (d) the number of qualifying individuals participating in the program;
244          (e) the number of eligible 529 savings accounts that receive a match;

245          (f) the total dollar amount provided as a match; and
246          (g) the aggregate average balance in eligible 529 savings accounts as reported by the
247     plan.
248          Section 7. Section 53B-8a-301 is enacted to read:
249     
Part 3. Education Savings Incentive Program

250          53B-8a-301. Definitions.
251          As used in this part:
252          (1) "529 savings account" means the same as that term is defined in Section
253     35A-9-601.
254          (2) "Department" means the Department of Workforce Services created in Section
255     35A-1-103.
256          (3) "Match" means the same as that term is defined in Section 35A-9-601.
257          (4) "Qualifying individual" means the same as that term is defined in Section
258     35A-9-601, except that the term is limited to individuals for whom the department sends
259     information in accordance with Subsection 35A-9-604(3).
260          Section 8. Section 53B-8a-302 is enacted to read:
261          53B-8a-302. Report of information to Department of Workforce Services.
262          Within 30 days of receiving the report described in Subsection 35A-9-604(3), the plan
263     shall provide an electronic report to the department that lists:
264          (1) the total amount of deposits:
265          (a) during the calendar year for which the department makes the request; and
266          (b) for each 529 savings account of which a qualifying individual is an account owner;
267     and
268          (2) the account number and the name of the beneficiary for each 529 savings account:
269          (a) into which a deposit was made; and
270          (b) for which a qualifying individual is an account owner.
271          Section 9. Section 53B-8a-303 is enacted to read:
272          53B-8a-303. Deposit of match.
273          (1) The plan shall deposit a match from the Education Savings Incentive Restricted
274     Account, created in Section 35A-9-602, into a 529 savings account in accordance with the
275     provisions of Section 35A-9-605.

276          (2) If, upon receiving a transfer described in Subsection (1), the plan determines that
277     the 529 savings account into which the plan is to deposit the match has been closed, the plan
278     shall return the match to the department.
279          (3) The plan shall send the department an electronic receipt of the match deposits.
280          Section 10. Section 59-1-403 is amended to read:
281          59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
282          (1) As used in this section:
283          (a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
284          (i) the commission administers under:
285          (A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax Act;
286          (B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
287          (C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
288          (D) Section 19-6-805;
289          (E) Section 63H-1-205; or
290          (F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
291     and
292          (ii) with respect to which the commission distributes the revenue collected from the
293     tax, fee, or charge to a qualifying jurisdiction.
294          (b) "Qualifying jurisdiction" means:
295          (i) a county, city, town, or metro township; or
296          (ii) the military installation development authority created in Section 63H-1-201.
297          (2) (a) Any of the following may not divulge or make known in any manner any
298     information gained by that person from any return filed with the commission:
299          (i) a tax commissioner;
300          (ii) an agent, clerk, or other officer or employee of the commission; or
301          (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
302     town.
303          (b) An official charged with the custody of a return filed with the commission is not
304     required to produce the return or evidence of anything contained in the return in any action or
305     proceeding in any court, except:
306          (i) in accordance with judicial order;

307          (ii) on behalf of the commission in any action or proceeding under:
308          (A) this title; or
309          (B) other law under which persons are required to file returns with the commission;
310          (iii) on behalf of the commission in any action or proceeding to which the commission
311     is a party; or
312          (iv) on behalf of any party to any action or proceeding under this title if the report or
313     facts shown by the return are directly involved in the action or proceeding.
314          (c) Notwithstanding Subsection (2)(b), a court may require the production of, and may
315     admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
316     pertinent to the action or proceeding.
317          (3) This section does not prohibit:
318          (a) a person or that person's duly authorized representative from receiving a copy of
319     any return or report filed in connection with that person's own tax;
320          (b) the publication of statistics as long as the statistics are classified to prevent the
321     identification of particular reports or returns; and
322          (c) the inspection by the attorney general or other legal representative of the state of the
323     report or return of any taxpayer:
324          (i) who brings action to set aside or review a tax based on the report or return;
325          (ii) against whom an action or proceeding is contemplated or has been instituted under
326     this title; or
327          (iii) against whom the state has an unsatisfied money judgment.
328          (4) (a) Notwithstanding Subsection (2) and for purposes of administration, the
329     commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
330     Rulemaking Act, provide for a reciprocal exchange of information with:
331          (i) the United States Internal Revenue Service; or
332          (ii) the revenue service of any other state.
333          (b) Notwithstanding Subsection (2) and for all taxes except individual income tax and
334     corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
335     Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
336     other written statements with the federal government, any other state, any of the political
337     subdivisions of another state, or any political subdivision of this state, except as limited by

338     Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
339     government grant substantially similar privileges to this state.
340          (c) Notwithstanding Subsection (2) and for all taxes except individual income tax and
341     corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
342     Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
343     identity and other information of taxpayers who have failed to file tax returns or to pay any tax
344     due.
345          (d) Notwithstanding Subsection (2), the commission shall provide to the director of the
346     Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
347     requested by the director of the Division of Environmental Response and Remediation, any
348     records, returns, or other information filed with the commission under Chapter 13, Motor and
349     Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
350     participation fee.
351          (e) Notwithstanding Subsection (2), at the request of any person the commission shall
352     provide that person sales and purchase volume data reported to the commission on a report,
353     return, or other information filed with the commission under:
354          (i) Chapter 13, Part 2, Motor Fuel; or
355          (ii) Chapter 13, Part 4, Aviation Fuel.
356          (f) Notwithstanding Subsection (2), upon request from a tobacco product manufacturer,
357     as defined in Section 59-22-202, the commission shall report to the manufacturer:
358          (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
359     manufacturer and reported to the commission for the previous calendar year under Section
360     59-14-407; and
361          (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
362     manufacturer for which a tax refund was granted during the previous calendar year under
363     Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
364          (g) Notwithstanding Subsection (2), the commission shall notify manufacturers,
365     distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
366     from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
367          (h) Notwithstanding Subsection (2), the commission may:
368          (i) provide to the Division of Consumer Protection within the Department of

369     Commerce and the attorney general data:
370          (A) reported to the commission under Section 59-14-212; or
371          (B) related to a violation under Section 59-14-211; and
372          (ii) upon request, provide to any person data reported to the commission under
373     Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
374          (i) Notwithstanding Subsection (2), the commission shall, at the request of a committee
375     of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
376     Planning and Budget, provide to the committee or office the total amount of revenues collected
377     by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the time period
378     specified by the committee or office.
379          (j) Notwithstanding Subsection (2), the commission shall make the directory required
380     by Section 59-14-603 available for public inspection.
381          (k) Notwithstanding Subsection (2), the commission may share information with
382     federal, state, or local agencies as provided in Subsection 59-14-606(3).
383          (l) (i) Notwithstanding Subsection (2), the commission shall provide the Office of
384     Recovery Services within the Department of Human Services any relevant information
385     obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
386     who has become obligated to the Office of Recovery Services.
387          (ii) The information described in Subsection (4)(l)(i) may be provided by the Office of
388     Recovery Services to any other state's child support collection agency involved in enforcing
389     that support obligation.
390          (m) (i) Notwithstanding Subsection (2), upon request from the state court
391     administrator, the commission shall provide to the state court administrator, the name, address,
392     telephone number, county of residence, and social security number on resident returns filed
393     under Chapter 10, Individual Income Tax Act.
394          (ii) The state court administrator may use the information described in Subsection
395     (4)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
396          (n) (i) As used in this Subsection (4)(n):
397          (A) "GO Utah office" means the Governor's Office of Economic Opportunity created in
398     Section 63N-1a-301.
399          (B) "Income tax information" means information gained by the commission that is

400     required to be attached to or included in a return filed with the commission under Chapter 7,
401     Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
402          (C) "Other tax information" means information gained by the commission that is
403     required to be attached to or included in a return filed with the commission except for a return
404     filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
405     Income Tax Act.
406          (D) "Tax information" means income tax information or other tax information.
407          (ii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
408     (4)(n)(ii)(B) or (C), the commission shall at the request of the GO Utah office provide to the
409     GO Utah office all income tax information.
410          (B) For purposes of a request for income tax information made under Subsection
411     (4)(n)(ii)(A), the GO Utah office may not request and the commission may not provide to the
412     GO Utah office a person's address, name, social security number, or taxpayer identification
413     number.
414          (C) In providing income tax information to the GO Utah office, the commission shall
415     in all instances protect the privacy of a person as required by Subsection (4)(n)(ii)(B).
416          (iii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
417     (4)(n)(iii)(B), the commission shall at the request of the GO Utah office provide to the GO
418     Utah office other tax information.
419          (B) Before providing other tax information to the GO Utah office, the commission
420     shall redact or remove any name, address, social security number, or taxpayer identification
421     number.
422          (iv) The GO Utah office may provide tax information received from the commission in
423     accordance with this Subsection (4)(n) only:
424          (A) as a fiscal estimate, fiscal note information, or statistical information; and
425          (B) if the tax information is classified to prevent the identification of a particular
426     return.
427          (v) (A) A person may not request tax information from the GO Utah office under Title
428     63G, Chapter 2, Government Records Access and Management Act, or this section, if the GO
429     Utah office received the tax information from the commission in accordance with this
430     Subsection (4)(n).

431          (B) The GO Utah office may not provide to a person that requests tax information in
432     accordance with Subsection (4)(n)(v)(A) any tax information other than the tax information the
433     GO Utah office provides in accordance with Subsection (4)(n)(iv).
434          (o) Notwithstanding Subsection (2), the commission may provide to the governing
435     board of the agreement or a taxing official of another state, the District of Columbia, the United
436     States, or a territory of the United States:
437          (i) the following relating to an agreement sales and use tax:
438          (A) information contained in a return filed with the commission;
439          (B) information contained in a report filed with the commission;
440          (C) a schedule related to Subsection (4)(o)(i)(A) or (B); or
441          (D) a document filed with the commission; or
442          (ii) a report of an audit or investigation made with respect to an agreement sales and
443     use tax.
444          (p) Notwithstanding Subsection (2), the commission may provide information
445     concerning a taxpayer's state income tax return or state income tax withholding information to
446     the Driver License Division if the Driver License Division:
447          (i) requests the information; and
448          (ii) provides the commission with a signed release form from the taxpayer allowing the
449     Driver License Division access to the information.
450          (q) Notwithstanding Subsection (2), the commission shall provide to the Utah
451     Communications Authority, or a division of the Utah Communications Authority, the
452     information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
453     63H-7a-502.
454          (r) Notwithstanding Subsection (2), the commission shall provide to the Utah
455     Educational Savings Plan information related to a resident or nonresident individual's
456     contribution to a Utah Educational Savings Plan account as designated on the resident or
457     nonresident's individual income tax return as provided under Section 59-10-1313.
458          (s) Notwithstanding Subsection (2), for the purpose of verifying eligibility under
459     Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
460     Department of Health or its designee with the adjusted gross income of an individual if:
461          (i) an eligibility worker with the Department of Health or its designee requests the

462     information from the commission; and
463          (ii) the eligibility worker has complied with the identity verification and consent
464     provisions of Sections 26-18-2.5 and 26-40-105.
465          (t) Notwithstanding Subsection (2), the commission may provide to a county, as
466     determined by the commission, information declared on an individual income tax return in
467     accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
468     authorized under Section 59-2-103.
469          (u) Notwithstanding Subsection (2), the commission shall provide a report regarding
470     any access line provider that is over 90 days delinquent in payment to the commission of
471     amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
472     Telecommunications Service Charges, to the board of the Utah Communications Authority
473     created in Section 63H-7a-201.
474          (v) Notwithstanding Subsection (2), the commission shall provide the Department of
475     Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
476     previous calendar year under Section 59-24-103.5.
477          (w) Notwithstanding Subsection (2), the commission may, upon request, provide to the
478     Department of Workforce Services any information received under Chapter 10, Part 4,
479     Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
480          (x) Notwithstanding Subsection (2), the commission may provide the Public Service
481     Commission or the Division of Public Utilities information related to a seller that collects and
482     remits to the commission a charge described in Subsection 69-2-405(2), including the seller's
483     identity and the number of charges described in Subsection 69-2-405(2) that the seller collects.
484          (y) (i) Notwithstanding Subsection (2), the commission shall provide to each qualifying
485     jurisdiction the collection data necessary to verify the revenue collected by the commission for
486     a distributed tax, fee, or charge collected within the qualifying jurisdiction.
487          (ii) In addition to the information provided under Subsection (4)(y)(i), the commission
488     shall provide a qualifying jurisdiction with copies of returns and other information relating to a
489     distributed tax, fee, or charge collected within the qualifying jurisdiction.
490          (iii) (A) To obtain the information described in Subsection (4)(y)(ii), the chief
491     executive officer or the chief executive officer's designee of the qualifying jurisdiction shall
492     submit a written request to the commission that states the specific information sought and how

493     the qualifying jurisdiction intends to use the information.
494          (B) The information described in Subsection (4)(y)(ii) is available only in official
495     matters of the qualifying jurisdiction.
496          (iv) Information that a qualifying jurisdiction receives in response to a request under
497     this subsection is:
498          (A) classified as a private record under Title 63G, Chapter 2, Government Records
499     Access and Management Act; and
500          (B) subject to the confidentiality requirements of this section.
501          (z) Notwithstanding Subsection (2), the commission shall provide the Alcoholic
502     Beverage Control Commission, upon request, with taxpayer status information related to state
503     tax obligations necessary to comply with the requirements described in Section 32B-1-203.
504          (aa) Notwithstanding Subsection (2), the commission shall inform the Department of
505     Workforce Services, as soon as practicable, whether an individual claimed and is entitled to
506     claim a federal earned income tax credit for the year requested by the Department of Workforce
507     Services if:
508          (i) the Department of Workforce Services requests this information; and
509          (ii) the commission has received the information release described in Section
510     35A-9-604.
511          (5) (a) Each report and return shall be preserved for at least three years.
512          (b) After the three-year period provided in Subsection (5)(a) the commission may
513     destroy a report or return.
514          (6) (a) Any individual who violates this section is guilty of a class A misdemeanor.
515          (b) If the individual described in Subsection (6)(a) is an officer or employee of the
516     state, the individual shall be dismissed from office and be disqualified from holding public
517     office in this state for a period of five years thereafter.
518          (c) Notwithstanding Subsection (6)(a) or (b), the GO Utah office, when requesting
519     information in accordance with Subsection (4)(n)(iii), or an individual who requests
520     information in accordance with Subsection (4)(n)(v):
521          (i) is not guilty of a class A misdemeanor; and
522          (ii) is not subject to:
523          (A) dismissal from office in accordance with Subsection (6)(b); or

524          (B) disqualification from holding public office in accordance with Subsection (6)(b).
525          (7) Except as provided in Section 59-1-404, this part does not apply to the property tax.
526          Section 11. Section 63I-1-235 is amended to read:
527          63I-1-235. Repeal dates, Title 35A.
528          (1) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
529     repealed July 1, 2026.
530          (2) Section 35A-3-205, which creates the Child Care Advisory Committee, is repealed
531     July 1, 2026.
532          (3) Subsection 35A-4-312(5)(p), describing information that may be disclosed to the
533     federal Wage and Hour Division, is repealed July 1, 2022.
534          (4) Subsection 35A-4-502(5), which creates the Employment Advisory Council, is
535     repealed July 1, 2022.
536          (5) Title 35A, Chapter 8, Part 22, Commission on Housing Affordability, is repealed
537     July 1, 2023.
538          (6) Section 35A-9-501 is repealed January 1, 2023.
539          (7) Title 35A, Chapter 9, Part 6, Education Savings Incentive Program, is repealed July
540     1, 2027.
541          [(7)] (8) Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
542     January 1, 2025.
543          [(8)] (9) Sections 35A-13-301 and 35A-13-302, which create the Governor's
544     Committee on Employment of People with Disabilities, are repealed July 1, 2023.
545          [(9)] (10) Section 35A-13-303, which creates the State Rehabilitation Advisory
546     Council, is repealed July 1, 2024.
547          [(10)] (11) Section 35A-13-404, which creates the advisory council for the Division of
548     Services for the Blind and Visually Impaired, is repealed July 1, 2025.
549          [(11)] (12) Sections 35A-13-603 and 35A-13-604, which create the Interpreter
550     Certification Board, are repealed July 1, 2026.
551          Section 12. Section 63I-1-253 is amended to read:
552          63I-1-253. Repeal dates, Titles 53 through 53G.
553          (1) Section 53-2a-105, which creates the Emergency Management Administration
554     Council, is repealed July 1, 2022.

555          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
556     Board, are repealed July 1, 2022.
557          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
558     July 1, 2023.
559          (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
560     repealed July 1, 2027.
561          (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
562     repealed July 1, 2027.
563          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
564     repealed July 1, 2024.
565          (7) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
566     July 1, 2027.
567          [(7)] (8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
568          [(8)] (9) Section 53B-17-1203, which creates the SafeUT and School Safety
569     Commission, is repealed January 1, 2025.
570          [(9)] (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1,
571     2028.
572          [(10)] (11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is
573     repealed July 1, 2025.
574          [(11)] (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
575     money from the Land Exchange Distribution Account to the Geological Survey for test wells
576     and other hydrologic studies in the West Desert, is repealed July 1, 2030.
577          [(12)] (13) Section 53E-3-515 is repealed January 1, 2023.
578          [(13)] (14) In relation to a standards review committee, on January 1, 2023:
579          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
580     recommendations of a standards review committee established under Section 53E-4-203" is
581     repealed; and
582          (b) Section 53E-4-203 is repealed.
583          [(14)] (15) Subsections 53E-3-503(5) and (6), which create coordinating councils for
584     youth in custody, are repealed July 1, 2027.
585          [(15)] (16) Section 53E-4-402, which creates the State Instructional Materials

586     Commission, is repealed July 1, 2022.
587          [(16)] (17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
588     Commission, is repealed July 1, 2023.
589          [(17) Subsection 53E-8-204(4), which creates the advisory council for the Utah
590     Schools for the Deaf and the Blind, is repealed July 1, 2021.]
591          (18) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
592     Program, is repealed July 1, 2024.
593          (19) Section 53F-5-203 is repealed July 1, 2024.
594          (20) Section 53F-5-212 is repealed July 1, 2024.
595          (21) Section 53F-5-213 is repealed July 1, 2023.
596          (22) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
597     1, 2025.
598          (23) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
599     repealed July 1, 2025.
600          (24) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
601     Committee, is repealed July 1, 2024.
602          (25) Section 53F-9-501 is repealed January 1, 2023.
603          (26) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
604     Commission, are repealed January 1, 2025.
605          (27) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
606     misdemeanor, is repealed July 1, 2022.
607          Section 13. Section 63I-1-259 is amended to read:
608          63I-1-259. Repeal dates, Title 59.
609          (1) Section 59-1-213.1 is repealed [on] May 9, 2024.
610          (2) Section 59-1-213.2 is repealed [on] May 9, 2024.
611          (3) Subsection 59-1-403(4)(aa), which authorizes the State Tax Commission to inform
612     the Department of Workforce Services whether an individual claimed a federal earned income
613     tax credit, is repealed July 1, 2028.
614          [(3)] (4) Subsection 59-1-405(1)(g), which addresses the provision of guidance by the
615     State Tax Commission to an employee on the interpretation or application of a law, is repealed
616     [on] May 9, 2024.

617          [(4)] (5) Subsection 59-1-405(2)(b), which addresses a State Tax Commission meeting
618     on the provision of guidance by the State Tax Commission to an employee on the interpretation
619     or application of a law, is repealed [on] May 9, 2024.
620          [(5)] (6) Section 59-7-618.1 is repealed July 1, 2029.
621          [(6)] (7) Section 59-9-102.5 is repealed December 31, 2030.
622          [(7)] (8) Section 59-10-1033.1 is repealed July 1, 2029.
623          [(8)] (9) Title 59, Chapter 28, State Transient Room Tax Act, is repealed [on] January
624     1, 2023.
625          Section 14. Appropriation.
626          The following sums of money are appropriated for the fiscal year beginning July 1,
627     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
628     fiscal year 2023.
629          Subsection 14(a). Restricted Fund and Account Transfers.
630          The Legislature authorizes the State Division of Finance to transfer the following
631     amounts between the following funds or accounts as indicated. Expenditures and outlays from
632     funds to which the money is transferred must be authorized by an appropriation.
633     ITEM 1
634          To Education Fund Restricted -- Education Savings Incentive
635          Restricted Account
636               From Education Fund
$870,800

637               From Education Fund, One-time
$6,900

638               Schedule of Programs:
639                    Education Fund Restricted -- Education Savings
640                    Incentive Restricted Account               $877,700
641          Subsection 14(b). Operating and Capital Budgets.
642          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
643     Legislature appropriates the following sums of money from the funds or accounts indicated for
644     the use and support of the government of the state of Utah.
645     ITEM 2
646          To Department of Workforce Services -- Administration
647               From Education Fund Restricted -- Education Savings

648               Incentive Restricted Account
$870,800

649               Schedule of Programs:
650                    Administrative Support               $870,800
651          The Legislature intends that the Department of Workforce Services use this
652     appropriation to provide matching funds for and to pay for personnel costs to administer the
653     Education Savings Incentive Program.
654     ITEM 3
655          To Department of Workforce Services -- Operations and Policy
656               From Education Fund Restricted -- Education Savings
657               Incentive Restricted Account, One-time
$6,900

658               Schedule of Programs:
659                    Operations and Policy               $6,900
660          The Legislature intends that the Department of Workforce Services use this
661     appropriation for system development expenses to administer the Education Savings Incentive
662     Program.
663          Section 15. Effective date.
664          This bill takes effect on July 1, 2022.