1     
ECONOMIC AND WORKFORCE DEVELOPMENT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to economic and workforce development.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     transfers the Pete Suazo Utah Athletic Commission and the Utah Main Street
14     Program from the Governor's Office of Economic Opportunity (GO Utah office) to
15     the Department of Cultural and Community Engagement;
16          ▸     modifies the membership of the Main Street Program Advisory Committee;
17          ▸     transfers the Talent, Education, and Industry Alignment Board (talent board),
18     formerly the Talent, Education, and Industry Alignment Subcommittee, the Talent
19     Ready Utah Program (talent program), the Utah Works Program, and certain
20     workforce development and education programs from the GO Utah office to the
21     Utah System of Higher Education;
22          ▸     modifies the membership and duties of the talent board;
23          ▸     requires the talent program to report annually on the talent program's operations to
24     the Utah Board of Higher Education;
25          ▸     allows the talent program to award grants to business entities offering employee
26     return to work programs;
27          ▸     allows the GO Utah office's Unified Economic Opportunity Commission to

28     establish working groups to assist and advise the commission;
29          ▸     allows the executive director of the GO Utah office to make rules to administer
30     certain programs established in law;
31          ▸     prohibits the GO Utah office from distributing pass through funding unless the item
32     of appropriation describes the intended recipient;
33          ▸     requires pass through funding appropriated to the GO Utah office to lapse at the end
34     of the fiscal year if the item of appropriation fails to describe the intended recipient;
35          ▸     modifies the duties of the GO Utah office's Board of Economic Opportunity,
36     formerly the Business and Economic Development Subcommittee;
37          ▸     modifies requirements for the GO Utah office to award grants and loans under the
38     Utah Technology Innovation Funding Program, formerly the Technology
39     Commercialization and Innovation Program;
40          ▸     establishes the Economic Assistance Grant Program within the GO Utah office, for
41     awarding grants to business entities implementing projects that promote economic
42     opportunities in the state or provide certain services in the state;
43          ▸     expands the GO Utah office's Rural Opportunity Program, formerly the Rural
44     County Grant Program, by allowing the office to award grants and loans to rural
45     counties, rural municipalities, and business entities;
46          ▸     requires the GO Utah office to report annually on the Rural Opportunity Program;
47          ▸     creates the Rural Opportunity Advisory Committee within the GO Utah office, for
48     advising and making recommendations to the GO Utah office on grant and loan
49     awards under the Rural Opportunity Program;
50          ▸     creates the Rural Opportunity Fund, to be used by the GO Utah office for awarding
51     grants and loans under rural programs;
52          ▸     creates the Utah Office of Tourism within the GO Utah office and describes the
53     duties of the office;
54          ▸     modifies the membership and duties of the GO Utah office's Board of Tourism
55     Development;
56          ▸     creates the Center for International Business and Diplomacy within the GO Utah
57     office and describes the duties of the center;
58          ▸     transfers the Utah Broadband Center from the GO Utah office to the Department of

59     Transportation;
60          ▸     repeals certain education coordinating groups within the Utah System of Higher
61     Education;
62          ▸     repeals the Utah Board of Higher Education's industry advisory council;
63          ▸     repeals the GO Utah office's business development grant program for disadvantaged
64     rural communities;
65          ▸     repeals the GO Utah office's Rural Rapid Manufacturing Grant Program;
66          ▸     repeals the GO Utah office's Rural Speculative Industrial Building Program; and
67          ▸     makes technical and conforming changes.
68     Money Appropriated in this Bill:
69          This bill appropriates in fiscal year 2023:
70          ▸     to Governor's Office of Economic Opportunity - Rural Coworking and Innovation
71     Center Grant Program, as an ongoing appropriation:
72               •     from the General Fund, ($750,000);
73          ▸     to Governor's Office of Economic Opportunity - Rural Employment Expansion
74     Program, as an ongoing appropriation:
75               •     from the General Fund, ($1,500,000); and
76          ▸     to GFR - Rural Opportunity Fund, as an ongoing appropriation:
77               •     from the General Fund, $2,250,000.
78     Other Special Clauses:
79          This bill provides a special effective date.
80     Utah Code Sections Affected:
81     AMENDS:
82          35A-1-109, as last amended by Laws of Utah 2021, Chapters 282 and 382
83          53B-1-404, as last amended by Laws of Utah 2020, Chapters 352, 373 and renumbered
84     and amended by Laws of Utah 2020, Chapter 365 and last amended by
85     Coordination Clause, Laws of Utah 2020, Chapters 352, and 373
86          63B-1b-202, as last amended by Laws of Utah 2017, Chapter 345
87          63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
88     260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
89     of Utah 2021, Chapter 382

90          63L-2-301, as last amended by Laws of Utah 2021, Chapters 280, 282, and 382
91          63N-1a-102, as last amended by Laws of Utah 2021, Chapter 381 and renumbered and
92     amended by Laws of Utah 2021, Chapter 282
93          63N-1a-201, as enacted by Laws of Utah 2021, Chapter 282
94          63N-1a-202, as enacted by Laws of Utah 2021, Chapter 282
95          63N-1a-303, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
96     amended by Laws of Utah 2021, Chapter 282
97          63N-1a-306, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
98     amended by Laws of Utah 2021, Chapter 282
99          63N-2-511, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
100     amended by Laws of Utah 2015, Chapter 283
101          63N-2-810, as last amended by Laws of Utah 2021, Chapter 282
102          63N-3-105, as last amended by Laws of Utah 2021, Chapter 282
103          63N-3-109, as last amended by Laws of Utah 2021, Chapter 282
104          63N-3-112, as enacted by Laws of Utah 2021, Chapter 282
105          63N-3-204, as last amended by Laws of Utah 2021, Chapter 282
106          63N-4-104, as last amended by Laws of Utah 2021, Chapter 282
107          63N-4-402, as last amended by Laws of Utah 2019, Chapters 45 and 465
108          63N-4-403, as last amended by Laws of Utah 2021, Chapter 282
109          63N-4-404, as last amended by Laws of Utah 2020, Chapter 369
110          63N-6-301, as last amended by Laws of Utah 2021, Chapter 438
111          63N-7-301, as last amended by Laws of Utah 2020, Chapter 154
112     ENACTS:
113          53B-33-109, Utah Code Annotated 1953
114          63N-1a-307, Utah Code Annotated 1953
115          63N-3-801, Utah Code Annotated 1953
116          63N-3-802, Utah Code Annotated 1953
117          63N-4-801, Utah Code Annotated 1953
118          63N-4-802, Utah Code Annotated 1953
119          63N-4-804, Utah Code Annotated 1953
120          63N-4-805, Utah Code Annotated 1953

121          63N-7-104, Utah Code Annotated 1953
122          63N-19-101, Utah Code Annotated 1953
123          63N-19-102, Utah Code Annotated 1953
124          63N-19-103, Utah Code Annotated 1953
125          63N-19-104, Utah Code Annotated 1953
126     REPEALS AND REENACTS:
127          63N-7-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
128          63N-7-102, as last amended by Laws of Utah 2020, Chapter 352
129          63N-7-103, as last amended by Laws of Utah 2020, Chapter 154
130          63N-7-201, as last amended by Laws of Utah 2021, Chapter 282
131          63N-7-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
132     RENUMBERS AND AMENDS:
133          9-23-101, (Renumbered from 63N-10-102, as last amended by Laws of Utah 2019,
134     Chapter 349)
135          9-23-201, (Renumbered from 63N-10-201, as last amended by Laws of Utah 2018,
136     Chapter 466)
137          9-23-202, (Renumbered from 63N-10-203, as renumbered and amended by Laws of
138     Utah 2015, Chapter 283)
139          9-23-204, (Renumbered from 63N-10-204, as renumbered and amended by Laws of
140     Utah 2015, Chapter 283)
141          9-23-205, (Renumbered from 63N-10-205, as renumbered and amended by Laws of
142     Utah 2015, Chapter 283)
143          9-23-301, (Renumbered from 63N-10-301, as last amended by Laws of Utah 2019,
144     Chapter 349)
145          9-23-302, (Renumbered from 63N-10-302, as renumbered and amended by Laws of
146     Utah 2015, Chapter 283)
147          9-23-303, (Renumbered from 63N-10-303, as renumbered and amended by Laws of
148     Utah 2015, Chapter 283)
149          9-23-304, (Renumbered from 63N-10-304, as renumbered and amended by Laws of
150     Utah 2015, Chapter 283)
151          9-23-305, (Renumbered from 63N-10-305, as renumbered and amended by Laws of

152     Utah 2015, Chapter 283)
153          9-23-306, (Renumbered from 63N-10-306, as renumbered and amended by Laws of
154     Utah 2015, Chapter 283)
155          9-23-307, (Renumbered from 63N-10-307, as renumbered and amended by Laws of
156     Utah 2015, Chapter 283)
157          9-23-308, (Renumbered from 63N-10-308, as renumbered and amended by Laws of
158     Utah 2015, Chapter 283)
159          9-23-309, (Renumbered from 63N-10-309, as renumbered and amended by Laws of
160     Utah 2015, Chapter 283)
161          9-23-310, (Renumbered from 63N-10-310, as renumbered and amended by Laws of
162     Utah 2015, Chapter 283)
163          9-23-311, (Renumbered from 63N-10-311, as renumbered and amended by Laws of
164     Utah 2015, Chapter 283)
165          9-23-312, (Renumbered from 63N-10-312, as renumbered and amended by Laws of
166     Utah 2015, Chapter 283)
167          9-23-313, (Renumbered from 63N-10-313, as renumbered and amended by Laws of
168     Utah 2015, Chapter 283)
169          9-23-314, (Renumbered from 63N-10-314, as renumbered and amended by Laws of
170     Utah 2015, Chapter 283)
171          9-23-315, (Renumbered from 63N-10-315, as renumbered and amended by Laws of
172     Utah 2015, Chapter 283)
173          9-23-316, (Renumbered from 63N-10-316, as renumbered and amended by Laws of
174     Utah 2015, Chapter 283)
175          9-23-317, (Renumbered from 63N-10-317, as renumbered and amended by Laws of
176     Utah 2015, Chapter 283)
177          9-23-318, (Renumbered from 63N-10-318, as renumbered and amended by Laws of
178     Utah 2015, Chapter 283)
179          9-24-101, (Renumbered from 63N-3-701, as enacted by Laws of Utah 2021, Chapter
180     407)
181          9-24-102, (Renumbered from 63N-3-702, as enacted by Laws of Utah 2021, Chapter
182     407)

183          9-24-103, (Renumbered from 63N-3-703, as enacted by Laws of Utah 2021, Chapter
184     407)
185          53B-33-101 (Effective 07/01/22), (Renumbered from 63N-1b-101 (Effective 07/01/22),
186     as last amended by Laws of Utah 2021, Second Special Session, Chapter 1)
187          53B-33-102, (Renumbered from 63N-1b-301, as renumbered and amended by Laws of
188     Utah 2021, Chapter 282)
189          53B-33-103, (Renumbered from 63N-1b-302, as renumbered and amended by Laws of
190     Utah 2021, Chapter 282)
191          53B-33-104, (Renumbered from 63N-1b-303, as renumbered and amended by Laws of
192     Utah 2021, Chapter 282)
193          53B-33-105, (Renumbered from 63N-1b-304, as renumbered and amended by Laws of
194     Utah 2021, Chapter 282)
195          53B-33-106, (Renumbered from 63N-1b-305, as renumbered and amended by Laws of
196     Utah 2021, Chapter 282)
197          53B-33-107, (Renumbered from 63N-1b-306, as renumbered and amended by Laws of
198     Utah 2021, Chapter 282)
199          53B-33-108, (Renumbered from 63N-1b-307, as last amended by Laws of Utah 2021,
200     First Special Session, Chapter 4)
201          63N-1a-401, (Renumbered from 63N-1b-201, as renumbered and amended by Laws of
202     Utah 2021, Chapter 282)
203          63N-1a-402, (Renumbered from 63N-1b-202, as renumbered and amended by Laws of
204     Utah 2021, Chapter 282)
205          63N-4-803, (Renumbered from 17-54-104, as enacted by Laws of Utah 2020, Chapter
206     360)
207          72-17-101, (Renumbered from 63N-17-102, as enacted by Laws of Utah 2021, Chapter
208     282)
209          72-17-201, (Renumbered from 63N-17-201, as enacted by Laws of Utah 2021, Chapter
210     282)
211          72-17-202, (Renumbered from 63N-17-202, as last amended by Laws of Utah 2021,
212     Chapters 162, 345 and renumbered and amended by Laws of Utah 2021, Chapter
213     282)

214          72-17-301, (Renumbered from 63N-17-301, as enacted by Laws of Utah 2021, Chapter
215     282)
216          72-17-302, (Renumbered from 63N-17-302, as enacted by Laws of Utah 2021, Chapter
217     282)
218     REPEALS:
219          17-54-101, as enacted by Laws of Utah 2020, Chapter 360
220          17-54-102, as last amended by Laws of Utah 2021, Chapter 282
221          17-54-103, as last amended by Laws of Utah 2021, Chapter 282
222          53B-1-114, as last amended by Laws of Utah 2021, Chapters 187 and 282
223          53B-1-407, as enacted by Laws of Utah 2020, Chapter 365
224          63N-4-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
225          63N-4-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
226          63N-4-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
227          63N-4-204, as renumbered and amended by Laws of Utah 2015, Chapter 283
228          63N-4-205, as last amended by Laws of Utah 2021, Chapter 282
229          63N-4-601, as enacted by Laws of Utah 2019, Chapter 503
230          63N-4-602, as enacted by Laws of Utah 2019, Chapter 503
231          63N-4-603, as enacted by Laws of Utah 2019, Chapter 503
232          63N-4-604, as enacted by Laws of Utah 2019, Chapter 503
233          63N-4-701, as enacted by Laws of Utah 2020, Chapter 360
234          63N-4-702, as enacted by Laws of Utah 2020, Chapter 360
235          63N-4-703, as enacted by Laws of Utah 2020, Chapter 360
236          63N-4-704, as last amended by Laws of Utah 2021, Chapter 282
237          63N-10-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
238          63N-17-101, as enacted by Laws of Utah 2021, Chapter 282
239     

240     Be it enacted by the Legislature of the state of Utah:
241          Section 1. Section 9-23-101, which is renumbered from Section 63N-10-102 is
242     renumbered and amended to read:
243     
CHAPTER 23. PETE SUAZO UTAH ATHLETIC COMMISSION ACT

244     
Part 1. General Provisions


245          [63N-10-102].      9-23-101. Definitions.
246          As used in this chapter:
247          (1) "Bodily injury" has the same meaning as defined in Section 76-1-601.
248          (2) "Boxing" means the sport of attack and defense using the fist, which is covered by
249     an approved boxing glove.
250          (3) (a) "Club fighting" means any contest of unarmed combat, whether admission is
251     charged or not, where:
252          (i) the rules of the contest are not approved by the commission;
253          (ii) a licensed physician, osteopath, or physician assistant approved by the commission
254     is not in attendance;
255          (iii) a correct HIV negative test regarding each contestant has not been provided to the
256     commission;
257          (iv) the contest is not conducted in accordance with commission rules; or
258          (v) the contestants are not matched by the weight standards established in accordance
259     with Section [63N-10-316] 9-23-31.
260          (b) "Club fighting" does not include sparring if:
261          (i) it is conducted for training purposes;
262          (ii) no tickets are sold to spectators;
263          (iii) no concessions are available for spectators;
264          (iv) protective clothing, including protective headgear, a mouthguard, and a protective
265     cup, is worn; and
266          (v) for boxing, 16 ounce boxing gloves are worn.
267          (4) "Commission" means the Pete Suazo Utah Athletic Commission created by this
268     chapter.
269          (5) "Contest" means a live match, performance, or exhibition involving two or more
270     persons engaged in unarmed combat.
271          (6) "Contestant" means an individual who participates in a contest.
272          (7) "Designated commission member" means a member of the commission designated
273     to:
274          (a) attend and supervise a particular contest; and
275          (b) act on the behalf of the commission at a contest venue.

276          (8) "Director" means the director appointed by the commission.
277          (9) "Elimination unarmed combat contest" means a contest where:
278          (a) a number of contestants participate in a tournament;
279          (b) the duration is not more than 48 hours; and
280          (c) the loser of each contest is eliminated from further competition.
281          (10) "Exhibition" means an engagement in which the participants show or display their
282     skills without necessarily striving to win.
283          (11) "Judge" means an individual qualified by training or experience to:
284          (a) rate the performance of contestants;
285          (b) score a contest; and
286          (c) determine with other judges whether there is a winner of the contest or whether the
287     contestants performed equally, resulting in a draw.
288          (12) "Licensee" means an individual licensed by the commission to act as a:
289          (a) contestant;
290          (b) judge;
291          (c) manager;
292          (d) promoter;
293          (e) referee;
294          (f) second; or
295          (g) other official established by the commission by rule.
296          (13) "Manager" means an individual who represents a contestant for the purpose of:
297          (a) obtaining a contest for a contestant;
298          (b) negotiating terms and conditions of the contract under which the contestant will
299     engage in a contest; or
300          (c) arranging for a second for the contestant at a contest.
301          (14) "Promoter" means a person who engages in producing or staging contests and
302     promotions.
303          (15) "Promotion" means a single contest or a combination of contests that:
304          (a) occur during the same time and at the same location; and
305          (b) is produced or staged by a promoter.
306          (16) "Purse" means any money, prize, remuneration, or any other valuable

307     consideration a contestant receives or may receive for participation in a contest.
308          (17) "Referee" means an individual qualified by training or experience to act as the
309     official attending a contest at the point of contact between contestants for the purpose of:
310          (a) enforcing the rules relating to the contest;
311          (b) stopping the contest in the event the health, safety, and welfare of a contestant or
312     any other person in attendance at the contest is in jeopardy; and
313          (c) acting as a judge if so designated by the commission.
314          (18) "Round" means one of a number of individual time periods that, taken together,
315     constitute a contest during which contestants are engaged in a form of unarmed combat.
316          (19) "Second" means an individual who attends a contestant at the site of the contest
317     before, during, and after the contest in accordance with contest rules.
318          (20) "Serious bodily injury" has the same meaning as defined in Section 76-1-601.
319          (21) "Total gross receipts" means the amount of the face value of all tickets sold to a
320     particular contest plus any sums received as consideration for holding the contest at a particular
321     location.
322          (22) "Ultimate fighting" means a live contest, whether or not an admission fee is
323     charged, in which:
324          (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
325     hitting, punching, or other combative contact techniques;
326          (b) contest rules incorporate a formalized system of combative techniques against
327     which a contestant's performance is judged to determine the prevailing contestant;
328          (c) contest rules divide nonchampionship contests into three equal and specified rounds
329     of no more than five minutes per round with a rest period of one minute between each round;
330          (d) contest rules divide championship contests into five equal and specified rounds of
331     no more than five minutes per round with a rest period of one minute between each round; and
332          (e) contest rules prohibit contestants from:
333          (i) using anything that is not part of the human body, except for boxing gloves, to
334     intentionally inflict serious bodily injury upon an opponent through direct contact or the
335     expulsion of a projectile;
336          (ii) striking a person who demonstrates an inability to protect himself from the
337     advances of an opponent;

338          (iii) biting; or
339          (iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of
340     the neck, and the rear area of the head and neck.
341          (23) (a) "Unarmed combat" means boxing or any other form of competition in which a
342     blow is usually struck which may reasonably be expected to inflict bodily injury.
343          (b) "Unarmed combat" does not include a competition or exhibition between
344     participants in which the participants engage in simulated combat for entertainment purposes.
345          (24) "Unlawful conduct" means organizing, promoting, or participating in a contest
346     which involves contestants that are not licensed under this chapter.
347          (25) "Unprofessional conduct" means:
348          (a) entering into a contract for a contest in bad faith;
349          (b) participating in any sham or fake contest;
350          (c) participating in a contest pursuant to a collusive understanding or agreement in
351     which the contestant competes in or terminates the contest in a manner that is not based upon
352     honest competition or the honest exhibition of the skill of the contestant;
353          (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
354     unsportsmanlike conduct in connection with a contest;
355          (e) failing to comply with any limitation, restriction, or condition placed on a license;
356          (f) striking of a downed opponent by a contestant while the contestant remains on the
357     contestant's feet, unless the designated commission member or director has exempted the
358     contest and each contestant from the prohibition on striking a downed opponent before the start
359     of the contest;
360          (g) after entering the ring or contest area, penetrating an area within four feet of an
361     opponent by a contestant, manager, or second before the commencement of the contest; or
362          (h) as further defined by rules made by the commission under Title 63G, Chapter 3,
363     Utah Administrative Rulemaking Act.
364          (26) "White-collar contest" means a contest conducted at a training facility where no
365     alcohol is served in which:
366          (a) for boxing:
367          (i) neither contestant is or has been a licensed contestant in any state or an amateur
368     registered with USA Boxing, Inc.;

369          (ii) no cash prize, or other prize valued at greater than $35, is awarded;
370          (iii) protective clothing, including protective headgear, a mouthguard, a protective cup,
371     and for a female contestant a chestguard, is worn;
372          (iv) 16 ounce boxing gloves are worn;
373          (v) the contest is no longer than three rounds of no longer than three minutes each;
374          (vi) no winner or loser is declared or recorded; and
375          (vii) the contestants do not compete in a cage; and
376          (b) for ultimate fighting:
377          (i) neither contestant is or has been a licensed contestant in any state or an amateur
378     registered with USA Boxing, Inc.;
379          (ii) no cash prize, or other prize valued at greater than $35, is awarded;
380          (iii) protective clothing, including a protective mouthguard and a protective cup, is
381     worn;
382          (iv) downward elbow strikes are not allowed;
383          (v) a contestant is not allowed to stand and strike a downed opponent;
384          (vi) a closed-hand blow to the head is not allowed while either contestant is on the
385     ground;
386          (vii) the contest is no longer than three rounds of no longer than three minutes each;
387     and
388          (viii) no winner or loser is declared or recorded.
389          Section 2. Section 9-23-201, which is renumbered from Section 63N-10-201 is
390     renumbered and amended to read:
391     
Part 2. Pete Suazo Utah Athletic Commission

392          [63N-10-201].      9-23-201. Commission -- Creation -- Appointments -- Terms
393     -- Expenses -- Quorum.
394          (1) There is created within the [office] department the Pete Suazo Utah Athletic
395     Commission consisting of five members.
396          (2) (a) The governor shall appoint three commission members.
397          (b) The president of the Senate and the speaker of the House of Representatives shall
398     each appoint one commission member.
399          (c) The commission members may not be licensees under this chapter.

400          (3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
401     governor, president, or speaker, respectively, shall appoint each new member or reappointed
402     member to a four-year term.
403          (b) The governor shall, at the time of appointment or reappointment, adjust the length
404     of the governor's appointees' terms to ensure that the terms of members are staggered so that
405     approximately half of the commission is appointed every two years.
406          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
407     appointed for the unexpired term.
408          (d) A commission member may be removed for any reason and replaced in accordance
409     with this section by:
410          (i) the governor, for a commission member appointed by the governor;
411          (ii) the president of the Senate, for a commission member appointed by the president of
412     the Senate; or
413          (iii) the speaker of the House of Representatives, for a commission member appointed
414     by the speaker of the House of Representatives.
415          (4) (a) A majority of the commission members constitutes a quorum.
416          (b) A majority of a quorum is sufficient authority for the commission to act.
417          (5) A member may not receive compensation or benefits for the member's service, but
418     may receive per diem and travel expenses in accordance with:
419          (a) Section 63A-3-106;
420          (b) Section 63A-3-107; and
421          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
422          (6) The commission shall annually designate one of its members to serve as chair for a
423     one-year period.
424          Section 3. Section 9-23-202, which is renumbered from Section 63N-10-203 is
425     renumbered and amended to read:
426          [63N-10-203].      9-23-202. Commission director.
427          (1) The commission shall employ a director, who may not be a member of the
428     commission, to conduct the commission's business.
429          (2) The director serves at the pleasure of the commission.
430          Section 4. Section 9-23-204, which is renumbered from Section 63N-10-204 is

431     renumbered and amended to read:
432          [63N-10-204].      9-23-204. Inspectors.
433          (1) The commission may appoint one or more official representatives to be designated
434     as inspectors, who shall serve at the pleasure of the commission.
435          (2) Each inspector must receive from the commission a card authorizing that inspector
436     to act as an inspector for the commission.
437          (3) An inspector may not promote or sponsor any contest.
438          (4) Each inspector may receive a fee approved by the commission for the performance
439     of duties under this chapter.
440          Section 5. Section 9-23-205, which is renumbered from Section 63N-10-205 is
441     renumbered and amended to read:
442          [63N-10-205].      9-23-205. Affiliation with other commissions.
443          The commission may affiliate with any other state, tribal, or national boxing
444     commission or athletic authority.
445          Section 6. Section 9-23-301, which is renumbered from Section 63N-10-301 is
446     renumbered and amended to read:
447     
Part 3. Licensing

448          [63N-10-301].      9-23-301. Licensing.
449          (1) A license is required for a person to act as or to represent that the person is:
450          (a) a promoter;
451          (b) a manager;
452          (c) a contestant;
453          (d) a second;
454          (e) a referee;
455          (f) a judge; or
456          (g) another official established by the commission by rule.
457          (2) The commission shall issue to a person who qualifies under this chapter a license in
458     the classifications of:
459          (a) promoter;
460          (b) manager;
461          (c) contestant;

462          (d) second;
463          (e) referee;
464          (f) judge; or
465          (g) another official who meets the requirements established by rule under Subsection
466     (1)(g).
467          (3) All money collected under this section and Sections [63N-10-304, 63N-10-307,
468     63N-10-310, and 63N-10-313] 9-23-304, 9-23-307, 9-23-310, and 9-23-313 shall be retained
469     as dedicated credits to pay for commission expenses.
470          (4) Each applicant for licensure as a promoter shall:
471          (a) submit an application in a form prescribed by the commission;
472          (b) pay the fee determined by the commission under Section 63J-1-504;
473          (c) provide to the commission evidence of financial responsibility, which shall include
474     financial statements and other information that the commission may reasonably require to
475     determine that the applicant or licensee is able to competently perform as and meet the
476     obligations of a promoter in this state;
477          (d) make assurances that the applicant:
478          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
479     respect to the promotions the applicant is promoting;
480          (ii) has not been found in a criminal or civil proceeding to have engaged in or
481     attempted to engage in any fraud or misrepresentation in connection with a contest or any other
482     sporting event; and
483          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
484     to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
485     to the regulation of contests in this state or any other jurisdiction;
486          (e) acknowledge in writing to the commission receipt, understanding, and intent to
487     comply with this chapter and the rules made under this chapter; and
488          (f) if requested by the commission or the director, meet with the commission or the
489     director to examine the applicant's qualifications for licensure.
490          (5) Each applicant for licensure as a contestant shall:
491          (a) be not less than 18 years of age at the time the application is submitted to the
492     commission;

493          (b) submit an application in a form prescribed by the commission;
494          (c) pay the fee established by the commission under Section 63J-1-504;
495          (d) provide a certificate of physical examination, dated not more than 60 days prior to
496     the date of application for licensure, in a form provided by the commission, completed by a
497     licensed physician and surgeon or physician assistant certifying that the applicant is free from
498     any physical or mental condition that indicates the applicant should not engage in activity as a
499     contestant;
500          (e) make assurances that the applicant:
501          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
502     respect to a contest in which the applicant will participate;
503          (ii) has not been found in a criminal or civil proceeding to have engaged in or
504     attempted to have engaged in any fraud or misrepresentation in connection with a contest or
505     any other sporting event; and
506          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
507     to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
508     to the regulation of contests in this state or any other jurisdiction;
509          (f) acknowledge in writing to the commission receipt, understanding, and intent to
510     comply with this chapter and the rules made under this chapter; and
511          (g) if requested by the commission or the director, meet with the commission or the
512     director to examine the applicant's qualifications for licensure.
513          (6) Each applicant for licensure as a manager or second shall:
514          (a) submit an application in a form prescribed by the commission;
515          (b) pay a fee determined by the commission under Section 63J-1-504;
516          (c) make assurances that the applicant:
517          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
518     respect to a contest in which the applicant is participating;
519          (ii) has not been found in a criminal or civil proceeding to have engaged in or
520     attempted to have engaged in any fraud or misrepresentation in connection with a contest or
521     any other sporting event; and
522          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
523     to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating

524     to the regulation of contests in this state or any other jurisdiction;
525          (d) acknowledge in writing to the commission receipt, understanding, and intent to
526     comply with this chapter and the rules made under this chapter; and
527          (e) if requested by the commission or director, meet with the commission or the
528     director to examine the applicant's qualifications for licensure.
529          (7) Each applicant for licensure as a referee or judge shall:
530          (a) submit an application in a form prescribed by the commission;
531          (b) pay a fee determined by the commission under Section 63J-1-504;
532          (c) make assurances that the applicant:
533          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
534     respect to a contest in which the applicant is participating;
535          (ii) has not been found in a criminal or civil proceeding to have engaged in or
536     attempted to have engaged in any fraud or misrepresentation in connection with a contest or
537     any other sporting event; and
538          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
539     to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
540     to the regulation of contests in this state or any other jurisdiction;
541          (d) acknowledge in writing to the commission receipt, understanding, and intent to
542     comply with this chapter and the rules made under this chapter;
543          (e) provide evidence satisfactory to the commission that the applicant is qualified by
544     training and experience to competently act as a referee or judge in a contest; and
545          (f) if requested by the commission or the director, meet with the commission or the
546     director to examine the applicant's qualifications for licensure.
547          (8) The commission may make rules concerning the requirements for a license under
548     this chapter, that deny a license to an applicant for the violation of a crime that, in the
549     commission's determination, would have a material affect on the integrity of a contest held
550     under this chapter.
551          (9) (a) A licensee serves at the pleasure, and under the direction, of the commission
552     while participating in any way at a contest.
553          (b) A licensee's license may be suspended, or a fine imposed, if the licensee does not
554     follow the commission's direction at an event or contest.

555          Section 7. Section 9-23-302, which is renumbered from Section 63N-10-302 is
556     renumbered and amended to read:
557          [63N-10-302].      9-23-302. Term of license -- Expiration -- Renewal.
558          (1) The commission shall issue each license under this chapter in accordance with a
559     renewal cycle established by rule.
560          (2) At the time of renewal, the licensee shall show satisfactory evidence of compliance
561     with renewal requirements established by rule by the commission.
562          (3) Each license automatically expires on the expiration date shown on the license
563     unless the licensee renews it in accordance with the rules established by the commission.
564          Section 8. Section 9-23-303, which is renumbered from Section 63N-10-303 is
565     renumbered and amended to read:
566          [63N-10-303].      9-23-303. Grounds for denial of license -- Disciplinary
567     proceedings -- Reinstatement.
568          (1) The commission shall refuse to issue a license to an applicant and shall refuse to
569     renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of
570     a licensee who does not meet the qualifications for licensure under this chapter.
571          (2) The commission may refuse to issue a license to an applicant and may refuse to
572     renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand
573     to, or otherwise act upon the license of any licensee if:
574          (a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as
575     defined by statute or rule under this chapter;
576          (b) the applicant or licensee has been determined to be mentally incompetent for any
577     reason by a court of competent jurisdiction; or
578          (c) the applicant or licensee is unable to practice the occupation or profession with
579     reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
580     chemicals, or any other type of material, or as a result of any other mental or physical
581     condition, when the licensee's condition demonstrates a threat or potential threat to the public
582     health, safety, or welfare, as determined by a ringside physician or the commission.
583          (3) Any licensee whose license under this chapter has been suspended, revoked, or
584     restricted may apply for reinstatement of the license at reasonable intervals and upon
585     compliance with any conditions imposed upon the licensee by statute, rule, or terms of the

586     license suspension, revocation, or restriction.
587          (4) The commission may issue cease and desist orders:
588          (a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
589          (b) to any person who otherwise violates this chapter or any rules adopted under this
590     chapter.
591          (5) (a) The commission may impose an administrative fine for acts of unprofessional or
592     unlawful conduct under this chapter.
593          (b) An administrative fine under this Subsection (5) may not exceed $2,500 for each
594     separate act of unprofessional or unlawful conduct.
595          (c) The commission shall comply with Title 63G, Chapter 4, Administrative
596     Procedures Act, in any action to impose an administrative fine under this chapter.
597          (d) The imposition of a fine under this Subsection (5) does not affect any other action
598     the commission or department may take concerning a license issued under this chapter.
599          (6) (a) The commission may not take disciplinary action against any person for
600     unlawful or unprofessional conduct under this chapter, unless the commission initiates an
601     adjudicative proceeding regarding the conduct within four years after the conduct is reported to
602     the commission, except under Subsection (6)(b).
603          (b) The commission may not take disciplinary action against any person for unlawful
604     or unprofessional conduct more than 10 years after the occurrence of the conduct, unless the
605     proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
606     initiated within one year following the judgment or settlement.
607          (7) (a) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, the
608     following may immediately suspend the license of a licensee at such time and for such period
609     that the following believes is necessary to protect the health, safety, and welfare of the licensee,
610     another licensee, or the public:
611          (i) the commission;
612          (ii) a designated commission member; or
613          (iii) if a designated commission member is not present, the director.
614          (b) The commission shall establish by rule appropriate procedures to invoke the
615     suspension and to provide a suspended licensee a right to a hearing before the commission with
616     respect to the suspension within a reasonable time after the suspension.

617          Section 9. Section 9-23-304, which is renumbered from Section 63N-10-304 is
618     renumbered and amended to read:
619          [63N-10-304].      9-23-304. Additional fees for license of promoter --
620     Dedicated credits -- Promotion of contests -- Annual exemption of showcase event.
621          (1) In addition to the payment of any other fees and money due under this chapter,
622     every promoter shall pay a license fee determined by the commission and established in rule.
623          (2) License fees collected under this Subsection (2) from professional boxing contests
624     or exhibitions shall be retained by the commission as a dedicated credit to be used by the
625     commission to award grants to organizations that promote amateur boxing in the state and
626     cover commission expenses.
627          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
628     commission shall adopt rules:
629          (a) governing the manner in which applications for grants under Subsection (2) may be
630     submitted to the commission; and
631          (b) establishing standards for awarding grants under Subsection (2) to organizations
632     which promote amateur boxing in the state.
633          (4) (a) For the purpose of creating a greater interest in contests in the state, the
634     commission may exempt from the payment of license fees under this section one contest or
635     exhibition in each calendar year, intended as a showcase event.
636          (b) The commission shall select the contest or exhibition to be exempted based on
637     factors which include:
638          (i) attraction of the optimum number of spectators;
639          (ii) costs of promoting and producing the contest or exhibition;
640          (iii) ticket pricing;
641          (iv) committed promotions and advertising of the contest or exhibition;
642          (v) rankings and quality of the contestants; and
643          (vi) committed television and other media coverage of the contest or exhibition.
644          Section 10. Section 9-23-305, which is renumbered from Section 63N-10-305 is
645     renumbered and amended to read:
646          [63N-10-305].      9-23-305. Jurisdiction of commission.
647          (1) (a) The commission has the sole authority concerning direction, management,

648     control, and jurisdiction over all contests or exhibitions of unarmed combat to be conducted,
649     held, or given within this state.
650          (b) A contest or exhibition may not be conducted, held, or given within this state
651     except in accordance with this chapter.
652          (2) Any contest involving a form of unarmed self-defense must be conducted pursuant
653     to rules for that form which are approved by the commission before the contest is conducted,
654     held, or given.
655          (3) (a) An area not less than six feet from the perimeter of the ring shall be reserved for
656     the use of:
657          (i) the designated commission member;
658          (ii) other commission members in attendance;
659          (iii) the director;
660          (iv) commission employees;
661          (v) officials;
662          (vi) licensees participating or assisting in the contest; and
663          (vii) others granted credentials by the commission.
664          (b) The promoter shall provide security at the direction of the commission or
665     designated commission member to secure the area described in Subsection (3)(a).
666          (4) The area described in Subsection (3), the area in the dressing rooms, and other
667     areas considered necessary by the designated commission member for the safety and welfare of
668     a licensee and the public shall be reserved for the use of:
669          (a) the designated commission member;
670          (b) other commission members in attendance;
671          (c) the director;
672          (d) commission employees;
673          (e) officials;
674          (f) licensees participating or assisting in the contest; and
675          (g) others granted credentials by the commission.
676          (5) The promoter shall provide security at the direction of the commission or
677     designated commission member to secure the areas described in Subsections (3) and (4).
678          (6) (a) The designated commission member may direct the removal from the contest

679     venue and premises, of any individual whose actions:
680          (i) are disruptive to the safe conduct of the contest; or
681          (ii) pose a danger to the safety and welfare of the licensees, the commission, or the
682     public, as determined by the designated commission member.
683          (b) The promoter shall provide security at the direction of the commission or
684     designated commission member to effectuate a removal under Subsection (6)(a).
685          Section 11. Section 9-23-306, which is renumbered from Section 63N-10-306 is
686     renumbered and amended to read:
687          [63N-10-306].      9-23-306. Club fighting prohibited.
688          (1) Club fighting is prohibited.
689          (2) Any person who publicizes, promotes, conducts, or engages in a club fighting
690     match is:
691          (a) guilty of a class A misdemeanor as provided in Section 76-9-705; and
692          (b) subject to license revocation under this chapter.
693          Section 12. Section 9-23-307, which is renumbered from Section 63N-10-307 is
694     renumbered and amended to read:
695          [63N-10-307].      9-23-307. Approval to hold contest or promotion -- Bond
696     required.
697          (1) An application to hold a contest or multiple contests as part of a single promotion
698     shall be made by a licensed promoter to the commission on forms provided by the commission.
699          (2) The application shall be accompanied by a contest fee determined by the
700     commission under Section 63J-1-505.
701          (3) (a) The commission may approve or deny approval to hold a contest or promotion
702     permitted under this chapter.
703          (b) Provisional approval under Subsection (3)(a) shall be granted upon a determination
704     by the commission that:
705          (i) the promoter of the contest or promotion is properly licensed;
706          (ii) a bond meeting the requirements of Subsection (6) has been posted by the promoter
707     of the contest or promotion; and
708          (iii) the contest or promotion will be held in accordance with this chapter and rules
709     made under this chapter.

710          (4) (a) Final approval to hold a contest or promotion may not be granted unless the
711     commission receives, not less than seven days before the day of the contest with 10 or more
712     rounds:
713          (i) proof of a negative HIV test performed not more than 180 days before the day of the
714     contest for each contestant;
715          (ii) a copy of each contestant's federal identification card;
716          (iii) a copy of a signed contract between each contestant and the promoter for the
717     contest;
718          (iv) a statement specifying the maximum number of rounds of the contest;
719          (v) a statement specifying the site, date, and time of weigh-in; and
720          (vi) the name of the physician selected from among a list of registered and
721     commission-approved ringside physicians who shall act as ringside physician for the contest.
722          (b) Notwithstanding Subsection (4)(a), the commission may approve a contest or
723     promotion if the requirements under Subsection (4)(a) are not met because of unforeseen
724     circumstances beyond the promoter's control.
725          (5) Final approval for a contest under 10 rounds in duration may be granted as
726     determined by the commission after receiving the materials identified in Subsection (4) at a
727     time determined by the commission.
728          (6) An applicant shall post a surety bond or cashier's check with the commission in the
729     greater of $10,000 or the amount of the purse, providing for forfeiture and disbursement of the
730     proceeds if the applicant fails to comply with:
731          (a) the requirements of this chapter; or
732          (b) rules made under this chapter relating to the promotion or conduct of the contest or
733     promotion.
734          Section 13. Section 9-23-308, which is renumbered from Section 63N-10-308 is
735     renumbered and amended to read:
736          [63N-10-308].      9-23-308. Rules for the conduct of contests.
737          (1) The commission shall adopt rules in accordance with Title 63G, Chapter 3, Utah
738     Administrative Rulemaking Act, for the conduct of contests in the state.
739          (2) The rules shall include:
740          (a) authority for:

741          (i) stopping contests; and
742          (ii) impounding purses with respect to contests when there is a question with respect to
743     the contest, contestants, or any other licensee associated with the contest; and
744          (b) reasonable and necessary provisions to ensure that all obligations of a promoter
745     with respect to any promotion or contest are paid in accordance with agreements made by the
746     promoter.
747          (3) (a) The commission may, in its discretion, exempt a contest and each contestant
748     from the definition of unprofessional conduct found in Subsection [63N-10-102(25)(f)]
749     9-23-101(25)(f) after:
750          (i) a promoter requests the exemption; and
751          (ii) the commission considers relevant factors, including:
752          (A) the experience of the contestants;
753          (B) the win and loss records of each contestant;
754          (C) each contestant's level of training; and
755          (D) any other evidence relevant to the contestants' professionalism and the ability to
756     safely conduct the contest.
757          (b) The commission's hearing of a request for an exemption under this Subsection (3)
758     is an informal adjudicative proceeding under Section 63G-4-202.
759          (c) The commission's decision to grant or deny a request for an exemption under this
760     Subsection (3) is not subject to agency review under Section 63G-4-301.
761          Section 14. Section 9-23-309, which is renumbered from Section 63N-10-309 is
762     renumbered and amended to read:
763          [63N-10-309].      9-23-309. Medical examinations and drug tests.
764          (1) The commission shall adopt rules in accordance with Title 63G, Chapter 3, Utah
765     Administrative Rulemaking Act, for medical examinations and drug testing of contestants,
766     including provisions under which contestants shall:
767          (a) produce evidence based upon competent laboratory examination that they are HIV
768     negative as a condition of participating as a contestant in any contest;
769          (b) be subject to random drug testing before or after participation in a contest, and
770     sanctions, including barring participation in a contest or withholding a percentage of any purse,
771     that shall be placed against a contestant testing positive for alcohol or any other drug that in the

772     opinion of the commission is inconsistent with the safe and competent participation of that
773     contestant in a contest;
774          (c) be subject to a medical examination by the ringside physician not more than 30
775     hours before the contest to identify any physical ailment or communicable disease that, in the
776     opinion of the commission or designated commission member, are inconsistent with the safe
777     and competent participation of that contestant in the contest; and
778          (d) be subject to medical testing for communicable diseases as considered necessary by
779     the commission to protect the health, safety, and welfare of the licensees and the public.
780          (2) (a) Medical information concerning a contestant shall be provided by the contestant
781     or medical professional or laboratory.
782          (b) A promoter or manager may not provide to or receive from the commission medical
783     information concerning a contestant.
784          Section 15. Section 9-23-310, which is renumbered from Section 63N-10-310 is
785     renumbered and amended to read:
786          [63N-10-310].      9-23-310. Contests.
787          (1) Except as provided in Section [63N-10-317] 9-23-317, a licensee may not
788     participate in an unarmed combat contest within a predetermined time after another unarmed
789     combat contest, as prescribed in rules made by the commission.
790          (2) During the period of time beginning 60 minutes before the beginning of a contest,
791     the promoter shall demonstrate the promoter's compliance with the commission's security
792     requirements to all commission members present at the contest.
793          (3) The commission shall establish fees in accordance with Section 63J-1-504 to be
794     paid by a promoter for the conduct of each contest or event composed of multiple contests
795     conducted under this chapter.
796          Section 16. Section 9-23-311, which is renumbered from Section 63N-10-311 is
797     renumbered and amended to read:
798          [63N-10-311].      9-23-311. Ringside physician.
799          (1) The commission shall maintain a list of ringside physicians who hold a Doctor of
800     Medicine (MD) degree and are registered with the commission as approved to act as a ringside
801     physician and meet the requirements of Subsection (2).
802          (2) (a) The commission shall appoint a registered ringside physician to perform the

803     duties of a ringside physician at each contest held under this chapter.
804          (b) The promoter of a contest shall pay a fee determined by the commission by rule to
805     the commission for a ringside physician.
806          (3) An applicant for registration as a ringside physician shall:
807          (a) submit an application for registration;
808          (b) provide the commission with evidence of the applicant's licensure to practice
809     medicine in the state; and
810          (c) satisfy minimum qualifications established by the department by rule.
811          (4) A ringside physician at attendance at a contest:
812          (a) may stop the contest at any point if the ringside physician determines that a
813     contestant's physical condition renders the contestant unable to safely continue the contest; and
814          (b) works under the direction of the commission.
815          Section 17. Section 9-23-312, which is renumbered from Section 63N-10-312 is
816     renumbered and amended to read:
817          [63N-10-312].      9-23-312. Contracts.
818          (1) Before a contest is held, a copy of the signed contract or agreement between the
819     promoter of the contest and each contestant shall be filed with the commission.
820          (2) Approval of the contract's terms and conditions shall be obtained from the
821     commission as a condition precedent to the contest.
822          Section 18. Section 9-23-313, which is renumbered from Section 63N-10-313 is
823     renumbered and amended to read:
824          [63N-10-313].      9-23-313. Withholding of purse.
825          (1) The commission, the director, or any other agent authorized by the commission
826     may order a promoter to withhold any part of a purse or other money belonging or payable to
827     any contestant, manager, or second if, in the judgment of the commission, director, or other
828     agent:
829          (a) the contestant is not competing honestly or to the best of the contestant's skill and
830     ability or the contestant otherwise violates any rules adopted by the commission or any of the
831     provisions of this chapter; or
832          (b) the manager or second violates any rules adopted by the commission or any of the
833     provisions of this chapter.

834          (2) This section does not apply to any contestant in a wrestling exhibition who appears
835     not to be competing honestly or to the best of the contestant's skill and ability.
836          (3) Upon the withholding of any part of a purse or other money pursuant to this section,
837     the commission shall immediately schedule a hearing on the matter, provide adequate notice to
838     all interested parties, and dispose of the matter as promptly as possible.
839          (4) If it is determined that a contestant, manager, or second is not entitled to any part of
840     that person's share of the purse or other money, the promoter shall pay the money over to the
841     commission.
842          Section 19. Section 9-23-314, which is renumbered from Section 63N-10-314 is
843     renumbered and amended to read:
844          [63N-10-314].      9-23-314. Penalty for unlawful conduct.
845          A person who engages in any act of unlawful conduct, as defined in Section
846     [63N-10-102] 9-23-101, is guilty of a class A misdemeanor.
847          Section 20. Section 9-23-315, which is renumbered from Section 63N-10-315 is
848     renumbered and amended to read:
849          [63N-10-315].      9-23-315. Exemptions.
850          This chapter does not apply to:
851          (1) any amateur contest or exhibition of unarmed combat conducted by or participated
852     in exclusively by:
853          (a) a school accredited by the [Utah] Board of Education;
854          (b) a college or university accredited by the United States Department of Education; or
855          (c) any association or organization of a school, college, or university described in
856     Subsections (1)(a) and (b), when each participant in the contests or exhibitions is a bona fide
857     student in the school, college, or university;
858          (2) any contest or exhibition of unarmed combat conducted in accordance with the
859     standards and regulations of USA Boxing, Inc.; or
860          (3) a white-collar contest.
861          Section 21. Section 9-23-316, which is renumbered from Section 63N-10-316 is
862     renumbered and amended to read:
863          [63N-10-316].      9-23-316. Contest weights and classes -- Matching
864     contestants.

865          (1) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
866     Administrative Rulemaking Act, establishing boxing contest weights and classes consistent
867     with those adopted by the Association of Boxing Commissions.
868          (2) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
869     Administrative Rulemaking Act, establishing contest weights and classes for unarmed combat
870     that is not boxing.
871          (3) (a) As to any unarmed combat contest, a contestant may not fight another contestant
872     who is outside of the contestant's weight classification.
873          (b) Notwithstanding Subsection (3)(a), the commission may permit a contestant to
874     fight another contestant who is outside of the contestant's weight classification.
875          (4) Except as provided in Subsection (3)(b), as to any unarmed combat contest:
876          (a) a contestant who has contracted to participate in a given weight class may not be
877     permitted to compete if the contestant is not within that weight class at the weigh-in; and
878          (b) a contestant may have two hours to attempt to gain or lose not more than three
879     pounds in order to be reweighed.
880          (5) (a) As to any unarmed combat contest, the commission may not allow a contest in
881     which the contestants are not fairly matched.
882          (b) Factors in determining if contestants are fairly matched include:
883          (i) the win-loss record of the contestants;
884          (ii) the weight differential between the contestants;
885          (iii) the caliber of opponents for each contestant;
886          (iv) each contestant's number of fights; and
887          (v) previous suspensions or disciplinary actions of the contestants.
888          Section 22. Section 9-23-317, which is renumbered from Section 63N-10-317 is
889     renumbered and amended to read:
890          [63N-10-317].      9-23-317. Elimination contests -- Conduct of contests --
891     Applicability of provisions -- Limitations on license -- Duration of contests -- Equipment
892     -- Limitations on contests.
893          (1) An elimination unarmed combat contest shall be conducted under the supervision
894     and authority of the commission.
895          (2) Except as otherwise provided in this section and except as otherwise provided by

896     specific statute, the provisions of this chapter pertaining to boxing apply to an elimination
897     unarmed combat contest.
898          (3) (a) All contests in an elimination unarmed combat contest shall be no more than
899     three rounds in duration.
900          (b) A round of unarmed combat in an elimination unarmed combat contest shall:
901          (i) be no more than one minute in duration; or
902          (ii) be up to three minutes in duration if there is only a single round.
903          (c) A period of rest following a round shall be no more than one minute in duration.
904          (4) A contestant:
905          (a) shall wear gloves approved by the commission; and
906          (b) shall wear headgear approved by the commission, the designated commission
907     member, or the director if a designated commission member is not present.
908          (5) A contestant may participate in more than one contest, but may not participate in
909     more than a total of seven rounds in the entire tournament.
910          Section 23. Section 9-23-318, which is renumbered from Section 63N-10-318 is
911     renumbered and amended to read:
912          [63N-10-318].      9-23-318. Commission rulemaking.
913          The commission may make rules governing the conduct of a contest held under this
914     chapter to protect the health and safety of licensees and members of the public.
915          Section 24. Section 9-24-101, which is renumbered from Section 63N-3-701 is
916     renumbered and amended to read:
917     
CHAPTER 24. UTAH MAIN STREET PROGRAM ACT

918          [63N-3-701].      9-24-101. Definitions.
919          As used in this [part] chapter:
920          (1) "Advisory committee" means the Utah Main Street Advisory Committee created in
921     Section [63N-3-703] 9-24-103.
922          (2) "Center" means the National Main Street Center.
923          (3) "Program" means the Utah Main Street Program created in Section [63N-3-702]
924     9-24-102.
925          Section 25. Section 9-24-102, which is renumbered from Section 63N-3-702 is
926     renumbered and amended to read:

927          [63N-3-702].      9-24-102. Utah Main Street Program.
928          (1) The Utah Main Street Program is created within the [office] department to provide
929     resources for the revitalization of downtown or commercial district areas of municipalities in
930     the state.
931          (2) To implement the program, the [office] department may:
932          (a) become a member of the National Main Street Center and partner with the center to
933     become the statewide coordinating program for participating municipalities in the state;
934          (b) establish criteria for the designation of one or more local main street programs
935     administered by a county or municipality in the state;
936          (c) consider the recommendations of the advisory committee in designating and
937     implementing local main street programs;
938          (d) provide training and technical assistance to local governments, businesses, property
939     owners, or other organizations that participate in designated local main street programs;
940          (e) subject to appropriations from the Legislature or other funding, provide financial
941     assistance to designated local main street programs; and
942          (f) under the direction of the executive director, appoint full-time staff.
943          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
944     [office] department may make rules establishing the eligibility and reporting criteria for a
945     downtown area to receive a local main street program designation, including requirements for:
946          (a) local government support of the local main street program; and
947          (b) collecting data to measure economic development impact.
948          (4) The [office] department shall include in the annual written report described in
949     Section [63N-1a-306] 9-1-208, a report of the program's operations and details of which
950     municipalities have received:
951          (a) a local main street program designation; and
952          (b) financial support from the program.
953          Section 26. Section 9-24-103, which is renumbered from Section 63N-3-703 is
954     renumbered and amended to read:
955          [63N-3-703].      9-24-103. Main Street Program Advisory Committee --
956     Membership -- Duties.
957          (1) There is created [in] within the [office] department the Main Street Program

958     Advisory Committee.
959          (2) The advisory committee is composed of the following members appointed by the
960     executive director:
961          (a) a representative of the [office] department who provides administrative oversight of
962     the program;
963          (b) [a representative of the office] two representatives of the Governor's Office of
964     Economic Opportunity, one of whom is involved in tourism development;
965          [(c) a representative of the Department of Cultural and Community Engagement;]
966          [(d)] (c) a representative of the State Historic Preservation Office;
967          [(e)] (d) a representative of the [Utah] Department of Transportation;
968          [(f)] (e) a representative of the Housing and Community Development Division within
969     the Department of Workforce Services;
970          [(g)] (f) a representative from a local association of governments;
971          [(h)] (g) a representative from the private sector involved in a local main street
972     program;
973          [(i)] (h) a representative of a local main street program; and
974          [(j)] (i) three representatives from various entities that have an interest or expertise in
975     assisting local main street programs.
976          (3) The advisory committee shall advise and make recommendations to the [office]
977     department regarding:
978          (a) the eligibility of applicants for designation as a local main street program;
979          (b) financial assistance requests from designated local main street programs; and
980          (c) improving the effectiveness of the program.
981          (4) (a) Except as provided under Subsection (4)(b), each member of the advisory
982     committee appointed under Subsections [(2)(g)] (2)(f) through [(j)] (i) shall be appointed for a
983     four-year term.
984          (b) The executive director, at the time of appointment or reappointment, may adjust the
985     length of terms to ensure that the terms of approximately half of the members of the advisory
986     committee appointed under Subsections [(2)(g)] (2)(f) through [(j)] (i) end every two years.
987          (5) The representative of the [office] department appointed under Subsection (2)(a)
988     shall serve as chair of the advisory committee.

989          (6) When a vacancy occurs in the membership for any reason, the executive director
990     shall appoint a replacement member.
991          (7) A majority of the advisory committee constitutes a quorum for the purpose of
992     conducting advisory committee business and the action of a majority of a quorum constitutes
993     the action of the advisory committee.
994          (8) A member may not receive compensation or benefits for the member's service, but
995     a member may receive per diem and travel expenses in accordance with:
996          (a) Section 63A-3-106;
997          (b) Section 63A-3-107; and
998          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
999     63A-3-107.
1000          Section 27. Section 35A-1-109 is amended to read:
1001          35A-1-109. Annual report -- Content -- Format.
1002          (1) The department shall prepare and submit to the governor and the Legislature, by
1003     October 1 of each year, an annual written report of the operations, activities, programs, and
1004     services of the department, including its divisions, offices, boards, commissions, councils, and
1005     committees, for the preceding fiscal year.
1006          (2) For each operation, activity, program, or service provided by the department, the
1007     annual report shall include:
1008          (a) a description of the operation, activity, program, or service;
1009          (b) data and metrics:
1010          (i) selected and used by the department to measure progress, performance,
1011     effectiveness, and scope of the operation, activity, program, or service, including summary
1012     data; and
1013          (ii) that are consistent and comparable for each state operation, activity, program, or
1014     service that primarily involves employment training or placement as determined by the
1015     executive directors of the department, the Governor's Office of Economic Opportunity, and the
1016     Governor's Office of Planning and Budget;
1017          (c) budget data, including the amount and source of funding, expenses, and allocation
1018     of full-time employees for the operation, activity, program, or service;
1019          (d) historical data from previous years for comparison with data reported under

1020     Subsections (2)(b) and (c);
1021          (e) goals, challenges, and achievements related to the operation, activity, program, or
1022     service;
1023          (f) relevant federal and state statutory references and requirements;
1024          (g) contact information of officials knowledgeable and responsible for each operation,
1025     activity, program, or service; and
1026          (h) other information determined by the department that:
1027          (i) may be needed, useful, or of historical significance; or
1028          (ii) promotes accountability and transparency for each operation, activity, program, or
1029     service with the public and elected officials.
1030          (3) The annual report shall be designed to provide clear, accurate, and accessible
1031     information to the public, the governor, and the Legislature.
1032          (4) The department shall:
1033          (a) submit the annual report in accordance with Section 68-3-14;
1034          (b) make the annual report, and previous annual reports, accessible to the public by
1035     placing a link to the reports on the department's website; and
1036          (c) provide the data and metrics described in Subsection (2)(b) to the Talent,
1037     Education, and Industry Alignment [Subcommittee] Board created in Section [63N-1b-301]
1038     53B-33-102.
1039          Section 28. Section 53B-1-404 is amended to read:
1040          53B-1-404. Membership of the board -- Student appointee -- Terms -- Oath --
1041     Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation --
1042     Training.
1043          (1) The board consists of 18 residents of the state appointed by the governor with the
1044     advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies,
1045     as follows:
1046          (a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among
1047     candidates presented to the governor by a nominating committee; and
1048          (b) two student members appointed as described in Subsection (4).
1049          (2) (a) For an appointment of a member effective July 1, 2020, the governor shall
1050     appoint the member in accordance with Section 53B-1-501.

1051          (b) Unless appointed by the governor as described in Section 53B-1-501, the term of
1052     each individual who is a member of the State Board of Regents on May 12, 2020, expires on
1053     June 30, 2020.
1054          (3) If the governor is not satisfied with a sufficient number of the candidates presented
1055     by the nominating committee to make the required number of appointments, the governor may
1056     request that the committee nominate additional candidates.
1057          (4) (a) For the appointments described in Subsection (1)(b), the governor shall appoint:
1058          (i) one individual who is enrolled in a certificate program at a technical college at the
1059     time of the appointment; and
1060          (ii) one individual who:
1061          (A) is a fully matriculated student enrolled in a degree-granting institution; and
1062          (B) is not serving as a student body president at the time of the nomination.
1063          (b) The governor shall select:
1064          (i) an appointee described in Subsection (4)(a)(i) from among three nominees,
1065     presented to the governor by a committee consisting of eight students, one from each technical
1066     college, each of whom is recognized by the student's technical college; and
1067          (ii) an appointee described in Subsection (4)(a)(ii) from among three nominees
1068     presented to the governor by the student body presidents of degree-granting institutions.
1069          (c) An appointee described in Subsection (4)(a) is not subject to the public comment
1070     process described in Section 63G-24-204.
1071          (5) (a) All appointments to the board shall be made on a nonpartisan basis.
1072          (b) An individual may not serve simultaneously on the board and an institution board
1073     of trustees.
1074          (6) (a) (i) Except as provided in Subsection (6)(a)(ii) and Section 53B-1-501, members
1075     shall be appointed to six-year staggered terms, each of which begins on July 1 of the year of
1076     appointment.
1077          (ii) A member described in Subsection (1)(b) shall be appointed to a one-year term.
1078          (b) (i) A member described in Subsection (1)(a) may serve up to two consecutive full
1079     terms.
1080          (ii) The governor may appoint a member described in Subsection (1)(a) to a second
1081     consecutive full term without a recommendation from the nominating committee.

1082          (iii) A member described in Subsection (1)(b) may not serve more than one full term.
1083          (c) (i) The governor may remove a member for cause.
1084          (ii) The governor shall consult with the president of the Senate before removing a
1085     member.
1086          (7) (a) A member shall take the official oath of office before entering upon the duties of
1087     office.
1088          (b) The oath shall be filed with the Division of Archives and Records Services.
1089          (8) The board shall elect a chair and vice chair from among the board's members who
1090     shall serve terms of two years and until their successors are chosen and qualified.
1091          (9) (a) The board shall appoint a secretary from the commissioner's staff to serve at the
1092     board's discretion.
1093          (b) The secretary is a full-time employee.
1094          (c) The secretary shall record and maintain a record of all board meetings and perform
1095     other duties as the board directs.
1096          (10) (a) The board may establish advisory committees [in addition to the advisory
1097     council described in Section 53B-1-407].
1098          (b) All matters requiring board determination shall be addressed in a properly
1099     convened meeting of the board or the board's executive committee.
1100          (11) (a) The board shall enact bylaws for the board's own government not inconsistent
1101     with the constitution or the laws of this state.
1102          (b) The board shall provide for an executive committee in the bylaws that:
1103          (i) has the full authority of the board to act upon routine matters during the interim
1104     between board meetings;
1105          (ii) may not act on nonroutine matters except under extraordinary and emergency
1106     circumstances; and
1107          (iii) shall report to the board at the board's next meeting following an action undertaken
1108     by the executive committee.
1109          (12) (a) The board shall meet regularly upon the board's own determination.
1110          (b) The board may also meet, in full or executive session, at the request of the chair,
1111     the commissioner, or at least five members of the board.
1112          (13) A quorum of the board is required to conduct the board's business and consists of

1113     10 members.
1114          (14) (a) A vacancy in the board occurring before the expiration of a member's full term
1115     shall be immediately filled through the nomination process described in Section 53B-1-406 and
1116     in this section.
1117          (b) An individual appointed under Subsection (14)(a) serves for the remainder of the
1118     unexpired term.
1119          (15) (a) (i) Subject to Subsection (15)(a)(ii), a member shall receive a daily salary for
1120     each calendar day that the member attends a board meeting that is the same as the daily salary
1121     for a member of the Legislature described in Section 36-2-3.
1122          (ii) A member may receive a salary for up to 10 calendar days per calendar year.
1123          (b) A member may receive per diem and travel expenses in accordance with:
1124          (i) Section 63A-3-106;
1125          (ii) Section 63A-3-107; and
1126          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1127     63A-3-107.
1128          (16) The commissioner shall provide to each member:
1129          (a) initial training when the member joins the board; and
1130          (b) ongoing annual training.
1131          (17) A board member shall comply with the conflict of interest provisions described in
1132     Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1133          Section 29. Section 53B-33-101 (Effective 07/01/22), which is renumbered from
1134     Section 63N-1b-101 (Effective 07/01/22) is renumbered and amended to read:
1135     
CHAPTER 33. TALENT, EDUCATION, AND INDUSTRY ALIGNMENT

1136          [63N-1b-101 (Effective 07/01/22)].      53B-33-101 (Effective
1137     07/01/22). Definitions.
1138          As used in this chapter:
1139          (1) "Apprenticeship program" means a program that:
1140          (a) combines paid on-the-job learning with formal classroom instruction to prepare
1141     students for careers; and
1142          (b) includes:
1143          (i) structured on-the-job learning for students under the supervision of a skilled

1144     employee;
1145          (ii) classroom instruction for students related to the on-the-job learning;
1146          (iii) ongoing student assessments using established competency and skills standards;
1147     and
1148          (iv) the student receiving an industry-recognized credential or degree upon completion
1149     of the program.
1150          (2) "Career and technical education region" means an economic service area created in
1151     Section 35A-2-101.
1152          (3) "Commission" means the Unified Economic Opportunity Commission created in
1153     Section 63N-1a-201.

1154          [(3)] (4) "High quality professional learning" means the professional learning standards
1155     for teachers and principals described in Section 53G-11-303.
1156          [(4)] (5) "Institution of higher education" means the University of Utah, Utah State
1157     University, Southern Utah University, Weber State University, Snow College, Utah Tech
1158     University, Utah Valley University, or Salt Lake Community College.
1159          [(5)] (6) "Local education agency" means a school district, a charter school, or the Utah
1160     Schools for the Deaf and the Blind.
1161          [(6)] (7) "Master plan" means the computer science education master plan described in
1162     Section [63N-1b-304] 53B-33-105.
1163          [(7)] (8) "Participating employer" means an employer that:
1164          (a) partners with an educational institution on a curriculum for an apprenticeship
1165     program or work-based learning program; and
1166          (b) provides an apprenticeship or work-based learning program for students.
1167          [(8)] (9) "State board" means the State Board of Education.
1168          [(9) "Talent program" means the Talent Ready Utah Program created in Section
1169     63N-1b-302.]
1170          (10) "Talent [subcommittee"] board" means the Talent, Education, and Industry
1171     Alignment [Subcommittee] Board created in Section [63N-1b-301] 53B-33-102.
1172          (11) "Talent program" means the Talent Ready Utah Program created in Section
1173     53B-33-103.
1174          (12) "Targeted industry" means an industry or group of industries targeted by the

1175     Governor's Office of Economic Opportunity for economic development in the state.
1176          [(11)] (13) "Technical college" means:
1177          (a) the same as that term is defined in Section 53B-1-101.5; and
1178          (b) a degree-granting institution acting in the degree-granting institution's technical
1179     education role described in Section 53B-2a-201.
1180          [(12)] (14) (a) "Work-based learning program" means a program that combines
1181     structured and supervised learning activities with authentic work experiences and that is
1182     implemented through industry and education partnerships.
1183          (b) "Work-based learning program" includes the following objectives:
1184          (i) providing students an applied workplace experience using knowledge and skills
1185     attained in a program of study that includes an internship, externship, or work experience;
1186          (ii) providing an educational institution with objective input from a participating
1187     employer regarding the education requirements of the current workforce; and
1188          (iii) providing funding for programs that are associated with high-wage, in-demand, or
1189     emerging occupations.
1190          [(13)] (15) "Workforce programs" means education or industry programs that facilitate
1191     training the state's workforce to meet industry demand.
1192          Section 30. Section 53B-33-102, which is renumbered from Section 63N-1b-301 is
1193     renumbered and amended to read:
1194          [63N-1b-301].      53B-33-102. Talent, Education, and Industry Alignment
1195     Board -- Creation -- Membership -- Expenses -- Duties.
1196          (1) There is created [a subcommittee of the commission called] the Talent, Education,
1197     and Industry Alignment [Subcommittee] Board composed of the following members:
1198          (a) the state superintendent of public instruction or the superintendent's designee;
1199          (b) the commissioner [of higher education] or the [commissioner of higher education's]
1200     commissioner's designee;
1201          (c) the chair of the State Board of Education or the chair's designee;
1202          (d) the executive director of the Department of Workforce Services or the executive
1203     [director of the department's] director's designee;
1204          (e) the executive director of the [GO Utah office] Governor's Office of Economic
1205     Opportunity or the executive director's designee;

1206          (f) the director of the Division of Occupational and Professional Licensing or the
1207     director's designee;
1208          (g) the governor's education advisor or the advisor's designee;
1209          (h) one member of the Senate, appointed by the president of the Senate;
1210          (i) one member of the House of Representatives, appointed by the speaker of the House
1211     of Representatives;
1212          (j) the president of the Salt Lake Chamber or the president's designee;
1213          (k) [three] six representatives of private industry chosen to represent targeted
1214     industries, appointed by the commission;
1215          [(l) a representative of the technology industry chosen by the commission;]
1216          [(m)] (l) the lieutenant governor or the lieutenant governor's designee; and
1217          [(n)] (m) any additional individuals appointed by the commission who represent:
1218          (i) one or more individual educational institutions; or
1219          (ii) education or industry professionals.
1220          (2) The [commission] talent board shall select a chair and vice chair from among the
1221     members of the talent [subcommittee] board.
1222          (3) The talent [subcommittee] board shall meet at least quarterly.
1223          (4) Attendance of a majority of the members of the talent [subcommittee] board
1224     constitutes a quorum for the transaction of official talent [subcommittee] board business.
1225          (5) Formal action by the talent [subcommittee] board requires the majority vote of a
1226     quorum.
1227          (6) A member of the talent [subcommittee] board:
1228          (a) may not receive compensation or benefits for the member's service; and
1229          (b) who is not a legislator may receive per diem and travel expenses in accordance
1230     with:
1231          (i) Section 63A-3-106;
1232          (ii) Section 63A-3-107; and
1233          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1234     63A-3-107.
1235          (7) The talent [subcommittee] board shall:
1236          (a) (i) review and develop metrics to measure the progress, performance, effectiveness,

1237     and scope of any state operation, activity, program, or service that primarily involves
1238     employment training or placement; and
1239          (ii) ensure that the metrics described in Subsection (7)(a) are consistent and
1240     comparable for each state operation, activity, program, or service that primarily involves
1241     employment training or placement;
1242          (b) make recommendations to the board and the commission regarding how to better
1243     align training and education in the state with industry demand;
1244          (c) make recommendations to the board and the commission regarding how to better
1245     align technical education with current and future workforce needs; [and]
1246          (d) coordinate with the [commission] talent program to meet the responsibilities
1247     described in Subsection [63N-1b-302(4).] 53B-33-103(4);
1248          (e) develop a computer science education master plan in accordance with Section
1249     53B-33-105;
1250          (f) coordinate with the talent program to meet the responsibilities described in Section
1251     53B-33-107; and
1252          (g) administer the Utah Works Program in accordance with Section 53B-33-108.
1253          (8) Nothing in this section prohibits an individual who, on June 30, 2022, is a member
1254     of a subcommittee within the Governor's Office of Economic Opportunity known as the Talent,
1255     Education, and Industry Alignment Subcommittee from serving as a member of the talent
1256     board.
1257          Section 31. Section 53B-33-103, which is renumbered from Section 63N-1b-302 is
1258     renumbered and amended to read:
1259          [63N-1b-302].      53B-33-103. Talent Ready Utah Program.
1260          (1) There is created [within the office] the Talent Ready Utah Program administered by
1261     the commissioner.
1262          (2) The [executive director] commissioner, with the approval of the board, shall
1263     appoint a director of the talent program.
1264          (3) The director of the talent program may appoint staff with the approval of the
1265     [executive director] commissioner.
1266          (4) The talent program shall coordinate with the talent [subcommittee] board to:
1267          (a) further education and industry alignment in the state;

1268          (b) coordinate the development of new education programs that align with industry
1269     demand;
1270          (c) coordinate or partner with other state agencies to administer grant programs;
1271          (d) promote the inclusion of industry partners in education;
1272          (e) provide outreach and information to employers regarding workforce programs and
1273     initiatives;
1274          (f) develop and analyze stackable credential programs;
1275          (g) determine efficiencies among workforce providers;
1276          (h) map available workforce programs focusing on programs that successfully create
1277     high-paying jobs; and
1278          (i) support initiatives of the talent [subcommittee] board.
1279          Section 32. Section 53B-33-104, which is renumbered from Section 63N-1b-303 is
1280     renumbered and amended to read:
1281          [63N-1b-303].      53B-33-104. Talent program report to board.
1282          The talent program shall [prepare an annual report describing] annually report to the
1283     board on the talent program's operations and recommendations [for inclusion in the office's
1284     annual written report described in Section 63N-1a-306], including the results of the
1285     apprenticeship pilot program described in Section [63N-1b-306] 53B-33-107.
1286          Section 33. Section 53B-33-105, which is renumbered from Section 63N-1b-304 is
1287     renumbered and amended to read:
1288          [63N-1b-304].      53B-33-105. Computer science education master plan.
1289          The talent [subcommittee] board, in consultation with the state board and the talent
1290     program, shall develop a computer science education master plan that:
1291          (1) includes a statement of the objectives and goals of the master plan;
1292          (2) describes how the talent [subcommittee] board and the state board will administer
1293     the Computer Science for Utah Grant Program created in Section [63N-1b-305] 53B-33-106;
1294          (3) provides guidance for local education agencies in implementing computer science
1295     education opportunities for students in high school, middle school, and elementary school;
1296          (4) integrates recommendations and best practices from private and public entities that
1297     are seeking to improve and expand the opportunities for computer science education, including
1298     the Expanding Computer Education Pathways Alliance; and

1299          (5) makes recommendations to assist a local education agency in creating a local
1300     education agency computer science plan described in Subsection [63N-1b-305(7)]
1301     53B-33-106(6), including:
1302          (a) providing recommendations regarding course offerings in computer science;
1303          (b) providing recommendations regarding professional development opportunities in
1304     computer science for licensed teachers;
1305          (c) providing recommendations regarding curriculum software for computer science
1306     courses;
1307          (d) providing recommendations regarding assessment solutions to measure the learning
1308     outcomes of students in computer science courses; and
1309          (e) providing information regarding how a local education agency can receive technical
1310     support from the talent [subcommittee] board in providing computer science education
1311     opportunities for students.
1312          Section 34. Section 53B-33-106, which is renumbered from Section 63N-1b-305 is
1313     renumbered and amended to read:
1314          [63N-1b-305].      53B-33-106. Computer Science for Utah Grant Program.
1315          (1) As used in this section, "grant program" means the Computer Science for Utah
1316     Grant Program created in Subsection (2).
1317          (2) The Computer Science for Utah Grant Program is created to provide grants to
1318     eligible local education agencies for improving computer science learning outcomes and course
1319     offerings as demonstrated by:
1320          (a) the creation and implementation of a local education agency computer science plan
1321     as described in Subsection [(7)] (6); and
1322          (b) the effective implementation of approved courses and the provision of effective
1323     training opportunities for licensed teachers.
1324          (3) Subject to appropriations from the Legislature, [and subject to the approval of the
1325     talent subcommittee,] the state board, in consultation with the talent board, shall distribute to
1326     local education agencies money appropriated for the grant program in accordance with this
1327     section.
1328          [(4) The state board shall:]
1329          [(a) solicit applications from local education agency boards to receive grant money

1330     under the grant program;]
1331          [(b) make recommendations to the talent subcommittee regarding the awarding of grant
1332     money to a local education agency board on behalf of a local education agency based on the
1333     criteria described in Subsection (6); and]
1334          [(c) obtain final approval from the talent subcommittee before awarding grant money.]
1335          [(5)] (4) In administering the Computer Science for Utah Grant Program, the state
1336     board [and the office], in consultation with the talent [subcommittee] board, may make rules, in
1337     accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1338          (a) describe the form and deadlines for a grant application by a local education agency
1339     under this section; and
1340          (b) describe the reporting requirements required by a local education agency after
1341     receiving a grant under this section.
1342          [(6)] (5) In awarding a grant under Subsection (3), the state board shall consider the
1343     effectiveness of the local education agency in creating and implementing a local education
1344     agency computer science plan as described in Subsection [(7)] (6).
1345          [(7)] (6) Each local education agency that seeks a grant as described in this section
1346     shall submit a written computer science plan, in a form approved by the state board [and the
1347     talent subcommittee], that:
1348          (a) covers at least four years;
1349          (b) addresses the recommendations of the talent [subcommittee's] board's computer
1350     science education master plan described in Section [63N-1b-304] 53B-33-105;
1351          (c) identifies targets for improved computer science offerings, student learning, and
1352     licensed teacher training;
1353          (d) describes a computer science professional development program and other
1354     opportunities for high quality professional learning for licensed teachers or individuals training
1355     to become licensed teachers;
1356          (e) provides a detailed budget, communications, and reporting structure for
1357     implementing the computer science plan;
1358          (f) commits to provide one computer science course offering, approved by the talent
1359     [subcommittee] board, in every middle and high school within the local education agency;
1360          (g) commits to integrate computer science education into the curriculum of each

1361     elementary school within the local education agency; and
1362          (h) includes any other requirement established by the state board [or the office] by rule,
1363     in consultation with the talent [subcommittee] board, in accordance with this part and Title
1364     63G, Chapter 3, Utah Administrative Rulemaking Act.
1365          [(8)] (7) Each local education agency that receives a grant as described in this section
1366     shall provide an annual written assessment to the state board and the talent [subcommittee]
1367     board for each year that the local education agency receives a grant or expends grant money
1368     that includes:
1369          (a) how the grant money was used;
1370          (b) any improvements in the number and quality of computer science offerings
1371     provided by the local education agency and any increase in the number of licensed teachers
1372     providing computer science teaching to students;
1373          (c) any difficulties encountered during implementation of the local education agency's
1374     written computer science plan and steps that will be taken to address the difficulties; and
1375          (d) any other requirement established by the state board [or the office] by rule, in
1376     consultation with the talent [subcommittee] board, in accordance with this part and Title 63G,
1377     Chapter 3, Utah Administrative Rulemaking Act.
1378          [(9)] (8) (a) The state board and the talent [subcommittee] board shall review each
1379     annual written assessment described in Subsection [(8)] (7).
1380          (b) As a result of the review described in Subsection [(9)] (8)(a):
1381          (i) the state board or the talent [subcommittee] board may provide recommendations to
1382     improve the progress of the local education agency in meeting the objectives of the written
1383     computer science plan;
1384          (ii) the state board may determine not to renew or extend a grant under this section; or
1385          (iii) the state board or the talent [subcommittee] board may take other action to assist
1386     the local education agency.
1387          Section 35. Section 53B-33-107, which is renumbered from Section 63N-1b-306 is
1388     renumbered and amended to read:
1389          [63N-1b-306].      53B-33-107. Apprenticeships and work-based learning.
1390          (1) The talent program, in collaboration with the talent [subcommittee] board, may
1391     partner with one or more of the following to facilitate and encourage apprenticeship

1392     opportunities and work-based learning opportunities for Utah students:
1393          (a) the [state board] State Board of Education;
1394          (b) the Utah system of higher education; [and] or
1395          (c) a participating employer in the state.
1396          (2) Subject to appropriations from the Legislature and in accordance with the proposal
1397     process and other provisions of this section, the talent [subcommittee, with the concurrence of
1398     the executive director] board, in coordination with the talent program, may provide funding for
1399     approved apprenticeship opportunities and work-based learning opportunities.
1400          (3) To receive funding under this section, an entity described in Subsection (1) seeking
1401     to partner with the talent program shall submit a proposal through the talent program, in a form
1402     approved by the talent program and in accordance with deadlines determined by the talent
1403     program, that contains the following elements:
1404          (a) the proposal shall include:
1405          (i) a description of the proposed apprenticeship program or work-based learning
1406     program that demonstrates the program will be:
1407          (A) responsive to the workforce needs of a high demand industry or occupation; and
1408          (B) a partnership between at least one participating employer and at least one public
1409     high school, technical college, or institution of higher education;
1410          (ii) an estimate of:
1411          (A) student enrollment in the program;
1412          (B) what school credit, credentials, certifications, or other workforce attainments will
1413     be provided by the program; and
1414          (C) job-placement rates for students who complete the program;
1415          (iii) a description of any financial contributions or in-kind contributions that will be
1416     provided by each participating employer in the program;
1417          (iv) if the program would require state board approval under the provisions of Section
1418     53B-16-102, evidence that the state board has approved the program; and
1419          (v) the amount of funding requested for the program, including justification for the
1420     funding; and
1421          (b) while not required, a preference may be given to a proposal that includes:
1422          (i) a description of a stackable credentialing pathway for participating students that will

1423     be created by the program between at least two of the following:
1424          (A) a public high school;
1425          (B) a technical college; and
1426          (C) an institution of higher education; or
1427          (ii) the potential for participating students to obtain full-time employment with the
1428     participating employer upon completion of the program.
1429          (4) The talent [subcommittee] board shall review and prioritize each proposal received
1430     and determine whether the proposal should be funded, using the following criteria:
1431          (a) the quality and completeness of the elements of the proposal described in
1432     Subsection (3)(a);
1433          (b) the quality of the optional elements of the proposal described in Subsection (3)(b);
1434          (c) to what extent the proposal would expand the capacity to meet state or regional
1435     workforce needs; and
1436          (d) other relevant criteria as determined by the talent [subcommittee] board.
1437          (5) A partnership that receives funding under this section:
1438          (a) shall use the money to accomplish the proposed apprenticeship program or
1439     work-based learning program;
1440          (b) may use the money to offset a participating employer's direct operational costs
1441     associated with employing students as part of an approved apprenticeship program or
1442     work-based learning program;
1443          (c) except as provided in Subsection (5)(d), may not use the money for educational
1444     administration; and
1445          (d) may use the money to support one full-time employee within a career and technical
1446     education region if:
1447          (i) each participating local education agency, public high school, technical college, and
1448     institution of higher education agree on which entity will house the full-time employee;
1449          (ii) the full-time employee spends all of the employee's time working exclusively to
1450     develop apprentice programs or work-based learning programs; and
1451          (iii) the full-time employee is responsible for regular reporting to and receiving training
1452     from the director of the talent program.
1453          (6) The talent program shall be responsible for the administration of apprenticeship

1454     programs and work-based learning programs described in this section, including:
1455          (a) working with and providing technical assistance to the participating partners that
1456     establish apprentice programs and work-based learning programs and that receive funding
1457     under the provisions of this section;
1458          (b) establishing reporting requirements for participating partners that establish
1459     apprentice programs and work-based learning programs and that receive funding under the
1460     provisions of this section;
1461          (c) providing outreach and marketing to encourage more employers to participate; and
1462          (d) annually [providing information to the office regarding] reporting on the activities,
1463     successes, and challenges of the [center] talent program related to administering apprentice
1464     programs and work-based learning programs for inclusion in the [office's annual written] report
1465     described in Section [63N-1a-306] 53B-33-104, including:
1466          (i) specific entities that received funding under this section;
1467          (ii) the amount of funding provided to each entity; and
1468          (iii) the number of participating students in each apprentice program and work-based
1469     learning program.
1470          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1471     [and the provisions of this section,] the talent program may make rules regarding:
1472          (a) the method and deadlines for applying for funding under this section;
1473          (b) the distribution of funding under this section; and
1474          (c) the reporting requirements of each entity receiving funding under this section.
1475          Section 36. Section 53B-33-108, which is renumbered from Section 63N-1b-307 is
1476     renumbered and amended to read:
1477          [63N-1b-307].      53B-33-108. Utah Works Program.
1478          (1) There is created the Utah Works Program.
1479          (2) The [program] Utah Works Program, under the direction of the talent
1480     [subcommittee] board, shall [coordinate and] partner with the following entities [described
1481     below] to develop short-term pre-employment training and short-term early employment
1482     training for student and workforce participants that meet the needs of businesses that are
1483     creating jobs and economic growth in the state [by]:
1484          (a) [partnering with the office,] the Department of Workforce Services[, and the Utah

1485     system of higher education];
1486          (b) the Governor's Office of Economic Opportunity; and
1487          [(b) partnering with] (c) businesses that have significant hiring demands for primarily
1488     newly created jobs in the state[;].
1489          (3) In addition to the duties described in Subsection (2), the Utah Works Program may:
1490          [(c) coordinating] (a) coordinate with the Department of Workforce Services,
1491     education agencies, and employers to create effective recruitment initiatives to attract student
1492     and workforce participants and business participants to the program;
1493          [(d) coordinating] (b) coordinate with the [Utah system of higher education] board to
1494     develop educational and training resources to provide student participants in the program
1495     qualifications to be hired by business participants in the program; and
1496          [(e) coordinating] (c) coordinate with the [State Board of Education] state board and
1497     local education agencies when appropriate to develop educational and training resources to
1498     provide student participants in the program qualifications to be hired by business participants
1499     in the program.
1500          [(3) (a) Subject to appropriation, the office, in consultation with the talent
1501     subcommittee, may respond to the COVID-19 pandemic by directing financial grants to
1502     institutions of higher education described in Section 53B-2-101 to offer short-term programs
1503     to:]
1504          [(i) provide training to furloughed, laid off, dislocated, underserved, or other
1505     populations affected by COVID-19 to fill employment gaps in the state;]
1506          [(ii) provide training and education related to industry needs; and]
1507          [(iii) provide students with certificates or other recognition after completion of
1508     training.]
1509          [(b) The office shall include the following information in the annual written report
1510     described in Section 63N-1-301:]
1511          [(i) the process by which the office determines which institutions of higher education
1512     shall receive financial grants; and]
1513          [(ii) the formula for awarding financial grants.]
1514          [(c) An institution of higher education that receives grant funds under this Subsection
1515     (3):]

1516          [(i) may use grant funds for:]
1517          [(A) costs associated with developing a new program; or]
1518          [(B) costs associated with expanding an existing program; and]
1519          [(ii) shall demonstrate industry needs and opportunities for partnership with industry.]
1520          [(d) The office shall award grant funds on a rolling basis, until the earlier of funds
1521     being exhausted or June 30, 2022.]
1522          [(e) The office shall conduct outreach, including education about career guidance,
1523     training, and workforce programs, to the targeted populations.]
1524          (4) The [office] board, in consultation with the talent [subcommittee] board, may, in
1525     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [and in
1526     accordance with the provisions of this section,] make rules regarding the development and
1527     administration of the Utah Works Program.
1528          (5) The Utah Works Program shall annually report the following metrics to the [office
1529     for inclusion in the office's annual report described in Section 63N-1a-306] board:
1530          (a) the number of participants in the program;
1531          (b) how program participants learned about or were referred to the program[, including
1532     the number of participants who learned about or were referred to the program by:];
1533          [(i) the Department of Workforce Services;]
1534          [(ii) marketing efforts of the office or talent subcommittee;]
1535          [(iii) a school counselor; and]
1536          [(iv) other methods;]
1537          (c) the number of participants who have completed training offered by the program;
1538     and
1539          (d) the number of participants who have been hired by a business participating in the
1540     program.
1541          Section 37. Section 53B-33-109 is enacted to read:
1542          53B-33-109. Grants for business entities offering employee return to work
1543     programs.
1544          (1) As used in this section, "business entity" means a for-profit or nonprofit entity.
1545          (2) Subject to appropriations from the Legislature, the talent program, in consultation
1546     with the talent board, may award grants to business entities to offer innovative return to work

1547     programs for employees.
1548          (3) A business entity that receives grant funds under this section may only use grant
1549     funds for:
1550          (a) costs associated with developing a new return to work program; or
1551          (b) costs associated with expanding an existing return to work program.
1552          (4) The talent program shall include the following information in the report described
1553     in Section 53B-33-104:
1554          (a) the process by which the talent program determines which business entities shall
1555     receive grants; and
1556          (b) the formula for awarding grants.
1557          (5) The talent program shall award grant funds on a rolling basis, until the earlier of
1558     funds being exhausted or June 30, 2025.
1559          Section 38. Section 63B-1b-202 is amended to read:
1560          63B-1b-202. Custodial officer -- Powers and duties.
1561          (1) (a) There is created within the Division of Finance an officer responsible for the
1562     care, custody, safekeeping, collection, and accounting of all bonds, notes, contracts, trust
1563     documents, and other evidences of indebtedness:
1564          (i) owned or administered by the state or any of its agencies; and
1565          (ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
1566          (b) Notwithstanding Subsection (1)(a), the officer described in Subsection (1)(a) is not
1567     responsible for the care, custody, safekeeping, collection, and accounting of a bond, note,
1568     contract, trust document, or other evidence of indebtedness relating to the:
1569          (i) Agriculture Resource Development Fund, created in Section 4-18-106;
1570          (ii) Utah Rural Rehabilitation Fund, created in Section 4-19-105;
1571          (iii) Petroleum Storage Tank Trust Fund, created in Section 19-6-409;
1572          (iv) Olene Walker Housing Loan Fund, created in Section 35A-8-502; [and]
1573          (v) Brownfields Fund, created in Section 19-8-120[.]; and
1574          (vi) Rural Opportunity Fund, created in Section 63N-4-805.
1575          (2) (a) Each authorizing agency shall deliver to this officer for the officer's care,
1576     custody, safekeeping, collection, and accounting all bonds, notes, contracts, trust documents,
1577     and other evidences of indebtedness:

1578          (i) owned or administered by the state or any of its agencies; and
1579          (ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
1580          (b) This officer shall:
1581          (i) establish systems, programs, and facilities for the care, custody, safekeeping,
1582     collection, and accounting for the bonds, notes, contracts, trust documents, and other evidences
1583     of indebtedness submitted to the officer under this Subsection (2); and
1584          (ii) shall make available updated reports to each authorizing agency as to the status of
1585     loans under their authority.
1586          (3) The officer described in Section 63B-1b-201 shall deliver to the officer described in
1587     Subsection (1)(a) for the care, custody, safekeeping, collection, and accounting by the officer
1588     described in Subsection (1)(a) of all bonds, notes, contracts, trust documents, and other
1589     evidences of indebtedness closed as provided in Subsection 63B-1b-201(2)(b).
1590          Section 39. Section 63I-1-263 is amended to read:
1591          63I-1-263. Repeal dates, Titles 63A to 63N.
1592          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1593          (a) Section 63A-16-102 is repealed;
1594          (b) Section 63A-16-201 is repealed; and
1595          (c) Section 63A-16-202 is repealed.
1596          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1597     improvement funding, is repealed July 1, 2024.
1598          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1599     2023.
1600          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1601     Committee, are repealed July 1, 2023.
1602          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1603     1, 2028.
1604          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1605     2025.
1606          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
1607     2024.
1608          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is

1609     repealed July 1, 2023.
1610          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1611     July 1, 2023.
1612          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1613     repealed July 1, 2026.
1614          (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
1615     July 1, 2025.
1616          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1617     Advisory Board, is repealed July 1, 2026.
1618          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1619     2025.
1620          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1621     2024.
1622          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1623          (16) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is repealed
1624     July 1, 2026.
1625          (17) (a) Subsection 63J-1-602.1(61), relating to the Utah Statewide Radio System
1626     Restricted Account, is repealed July 1, 2022.
1627          (b) When repealing Subsection 63J-1-602.1(61), the Office of Legislative Research and
1628     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
1629     necessary changes to subsection numbering and cross references.
1630          (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
1631     Commission, is repealed July 1, 2023.
1632          (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
1633     July 1, 2022.
1634          (20) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety Commission, is
1635     repealed January 1, 2025.
1636          (21) Title [63J, Chapter 4, Part 5] 63L, Chapter 11, Part 4, Resource Development
1637     Coordinating Committee, is repealed July 1, 2027.
1638          (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on
1639     July 1, 2022:

1640          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
1641          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
1642          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
1643     January 1, 2023:
1644          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1645     repealed;
1646          (b) Section 63M-7-305, the language that states "council" is replaced with
1647     "commission";
1648          (c) Subsection 63M-7-305(1) is repealed and replaced with:
1649          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1650          (d) Subsection 63M-7-305(2) is repealed and replaced with:
1651          "(2) The commission shall:
1652          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1653     Drug-Related Offenses Reform Act; and
1654          (b) coordinate the implementation of Section 77-18-104 and related provisions in
1655     Subsections 77-18-103(2)(c) and (d).".
1656          (24) The Crime Victim Reparations and Assistance Board, created in Section
1657     63M-7-504, is repealed July 1, 2027.
1658          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1659     1, 2022.
1660          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
1661          [(27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
1662     Council, is repealed July 1, 2024.]
1663          [(28)] (27) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1664          [(29)] (28) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
1665     July 1, 2028.
1666          [(30)] (29) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
1667     January 1, 2021.
1668          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
1669     calendar years beginning on or after January 1, 2021.
1670          (c) Notwithstanding Subsection [(30)] (29)(b), an entity may carry forward a tax credit

1671     in accordance with Section 59-9-107 if:
1672          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
1673     31, 2020; and
1674          (ii) the qualified equity investment that is the basis of the tax credit is certified under
1675     Section 63N-2-603 on or before December 31, 2023.
1676          [(31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
1677     July 1, 2023.]
1678          [(32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
1679     2025.]
1680          (30) In relation to the Rural Employment Expansion Program, on July 1, 2023:
1681          (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
1682     and
1683          (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1684     Program, is repealed.
1685          (31) In relation to the Board of Tourism Development, on July 1, 2025:
1686          (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1687          (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1688     repealed and replaced with "Utah Office of Tourism";
1689          (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1690          (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
1691     approval from the Board of Tourism Development, is repealed; and
1692          (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
1693          [(33)] (32) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
1694     Program, is repealed January 1, 2028.
1695          Section 40. Section 63L-2-301 is amended to read:
1696          63L-2-301. Promoting or lobbying for a federal designation within the state.
1697          (1) As used in this section:
1698          (a) "Federal designation" means the designation of a:
1699          (i) national monument;
1700          (ii) national conservation area;
1701          (iii) wilderness area or wilderness study area;

1702          (iv) area of critical environmental concern;
1703          (v) research natural area; or
1704          (vi) national recreation area.
1705          (b) (i) "Governmental entity" means:
1706          (A) a state-funded institution of higher education or public education;
1707          (B) a political subdivision of the state;
1708          (C) an office, agency, board, bureau, committee, department, advisory board, or
1709     commission that the government funds or establishes to carry out the public's business,
1710     regardless of whether the office, agency board, bureau, committee, department, advisory board,
1711     or commission is composed entirely of public officials or employees;
1712          (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
1713     undertaking as defined in Section 11-13-103;
1714          (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
1715          (F) an association as defined in Section 53G-7-1101.
1716          (ii) "Governmental entity" does not mean:
1717          (A) the School and Institutional Trust Lands Administration created in Section
1718     53C-1-201;
1719          (B) the School and Institutional Trust Lands Board of Trustees created in Section
1720     53C-1-202;
1721          (C) the Office of the Governor;
1722          (D) the Governor's Office of Planning and Budget created in Section 63J-4-201;
1723          (E) the Public Lands Policy Coordinating Office created in Section 63L-11-201;
1724          (F) the Office of Energy Development created in Section 79-6-401; or
1725          (G) the Governor's Office of Economic Opportunity created in Section 63N-1a-301[,
1726     including the Talent, Education, and Industry Alignment Subcommittee created in Section
1727     63N-1b-301].
1728          (2) (a) A governmental entity, or a person a governmental entity employs and
1729     designates as a representative, may investigate the possibility of a federal designation within
1730     the state.
1731          (b) A governmental entity that intends to advocate for a federal designation within the
1732     state shall:

1733          (i) notify the chairs of the following committees before the introduction of federal
1734     legislation:
1735          (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
1736     constituted, and the Federalism Commission; or
1737          (B) if the notice is given during a General Session, the House and Senate Natural
1738     Resources, Agriculture, and Environment Standing Committees; and
1739          (ii) upon request of the chairs, meet with the relevant committee to review the proposal.
1740          (3) This section does not apply to a political subdivision supporting a federal
1741     designation if the federal designation:
1742          (a) applies to 5,000 acres or less; and
1743          (b) has an economical or historical benefit to the political subdivision.
1744          Section 41. Section 63N-1a-102 is amended to read:
1745          63N-1a-102. Definitions.
1746          As used in this title:
1747          (1) "Baseline jobs" means the number of full-time employee positions that existed
1748     within a business entity in the state before the date on which a project related to the business
1749     entity is approved by the office or by the GO Utah board.
1750          (2) "Baseline state revenue" means the amount of state tax revenue collected from a
1751     business entity or the employees of a business entity during the year before the date on which a
1752     project related to the business entity is approved by the office or by the GO Utah board.
1753          (3) "Commission" means the Unified Economic Opportunity Commission created in
1754     Section 63N-1a-201.
1755          (4) "Economic opportunity agency" includes:
1756          (a) the Department of Workforce Services;
1757          (b) the Department of Cultural and Community Engagement;
1758          (c) the Department of Commerce;
1759          (d) the Department of Natural Resources;
1760          (e) the Office of Energy Development;
1761          (f) the State Board of Education;
1762          (g) institutions of higher education;
1763          (h) the Utah Multicultural Commission;

1764          (i) the World Trade Center Utah;
1765          (j) local government entities;
1766          (k) associations of governments;
1767          (l) the Utah League of Cities and Towns;
1768          (m) the Utah Association of Counties;
1769          (n) the Economic Development Corporation of Utah;
1770          (o) the Small Business Administration;
1771          (p) chambers of commerce;
1772          (q) industry associations;
1773          (r) small business development centers; and
1774          (s) other entities identified by the commission or the executive director.
1775          (5) "Executive director" means the executive director of the office.
1776          (6) "Full-time employee" means an employment position that is filled by an employee
1777     who works at least 30 hours per week and:
1778          (a) may include an employment position filled by more than one employee, if each
1779     employee who works less than 30 hours per week is provided benefits comparable to a
1780     full-time employee; and
1781          (b) may not include an employment position that is shifted from one jurisdiction in the
1782     state to another jurisdiction in the state.
1783          (7) "GO Utah board" means the [Business and Economic Development Subcommittee]
1784     Board of Economic Opportunity created in Section [63N-1b-202] 63N-1a-401.
1785          (8) "High paying job" means a newly created full-time employee position where the
1786     aggregate average annual gross wage of the employment position, not including health care or
1787     other paid or unpaid benefits, is:
1788          (a) at least 110% of the average wage of the county in which the employment position
1789     exists; or
1790          (b) for an employment position related to a project described in Chapter 2, Part 1,
1791     Economic Development Tax Increment Financing, and that is located within the boundary of a
1792     county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of
1793     the second class and where the municipality has a population of 10,000 or less:
1794          (i) at least 100% of the average wage of the county in which the employment position

1795     exists; or
1796          (ii) an amount determined by rule made by the office in accordance with Title 63G,
1797     Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a
1798     county experiencing economic distress.
1799          (9) (a) "Incremental job" means a full-time employment position in the state that:
1800          (i) did not exist within a business entity in the state before the beginning of a project
1801     related to the business entity; and
1802          (ii) is created in addition to the number of baseline jobs that existed within a business
1803     entity.
1804          (b) "Incremental job" includes a full-time employment position where the employee is
1805     hired:
1806          (i) directly by a business entity; or
1807          (ii) by a professional employer organization, as defined in Section 31A-40-102, on
1808     behalf of a business entity.
1809          (10) "New state revenue" means the state revenue collected from a business entity or a
1810     business entity's employees during a calendar year minus the baseline state revenue calculation.
1811          (11) "Office" or "GO Utah office" means the Governor's Office of Economic
1812     Opportunity.
1813          (12) "State revenue" means state tax liability paid by a business entity or a business
1814     entity's employees under any combination of the following provisions:
1815          (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
1816          (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
1817     Information;
1818          (c) Title 59, Chapter 10, Part 2, Trusts and Estates;
1819          (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
1820          (e) Title 59, Chapter 12, Sales and Use Tax Act.
1821          (13) "State strategic goals" means the strategic goals listed in Section 63N-1a-103.
1822          (14) "Statewide economic development strategy" means the economic development
1823     strategy developed by the commission in accordance with Section 63N-1a-202.
1824          (15) "Talent board" means the Talent, Education, and Industry Alignment Board
1825     created in Section 53B-33-102.

1826          Section 42. Section 63N-1a-201 is amended to read:
1827          63N-1a-201. Creation of commission.
1828          (1) There is created in the office the Unified Economic Opportunity Commission,
1829     established to carry out the mission described in Section 63N-1a-103 and direct the office and
1830     other appropriate entities in fulfilling the [state's] state strategic goals.
1831          (2) The commission consists of:
1832          (a) the following voting members:
1833          (i) the governor, who shall serve as the chair of the commission;
1834          (ii) the executive director, who shall serve as the vice chair of the commission;
1835          (iii) the executive director of the Department of Workforce Services;
1836          (iv) the executive director of the Department of Transportation;
1837          (v) the executive director of the Department of Natural Resources;
1838          (vi) the executive director of the Department of Commerce;
1839          (vii) the commissioner of the Department of Agriculture and Food;
1840          (viii) the executive director of the Governor's Office of Planning and Budget;
1841          (ix) the commissioner of higher education;
1842          (x) the state superintendent of public instruction;
1843          (xi) the president of the Senate or the president's designee;
1844          (xii) the speaker of the House of Representatives or the speaker's designee;
1845          (xiii) one individual who is knowledgeable about housing needs in the state, including
1846     housing density and land use, appointed by the governor;
1847          (xiv) one individual who represents the interests of urban cities, appointed by the Utah
1848     League of Cities and Towns; and
1849          (xv) one individual who represents the interests of rural counties, appointed by the
1850     Utah Association of Counties; and
1851          (b) the following non-voting members:
1852          (i) the chief executive officer of World Trade Center Utah;
1853          (ii) the chief executive officer of the Economic Development Corporation of Utah; and
1854          (iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
1855     state, appointed by the chair of the commission.
1856          (3) A majority of commission members constitutes a quorum for the purposes of

1857     conducting commission business and the action of a majority of a quorum constitutes the action
1858     of the commission.
1859          (4) The executive director of the office, or the executive director's designee, is the
1860     executive director of the commission.
1861          (5) The office shall provide:
1862          (a) office space and administrative staff support for the commission; and
1863          (b) the central leadership and coordination of the commission's efforts in the field of
1864     economic development.
1865          (6) (a) A member may not receive compensation or benefits for the member's service
1866     on the commission, but may receive per diem and travel expenses in accordance with:
1867          (i) Sections 63A-3-106 and 63A-3-107; and
1868          (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
1869     63A-3-107.
1870          (b) Compensation and expenses of a commission member who is a legislator are
1871     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1872     Expenses.
1873          Section 43. Section 63N-1a-202 is amended to read:
1874          63N-1a-202. Commission duties.
1875          (1) The commission shall:
1876          (a) develop, coordinate, and lead a comprehensive statewide economic development
1877     strategy that:
1878          (i) unifies and coordinates economic development efforts in the state;
1879          (ii) includes key performance indicators for long-term progress toward the state
1880     strategic goals;
1881          (iii) establishes reporting and accountability processes for the key performance
1882     indicators; and
1883          (iv) ensures the success of the statewide economic development strategy is shared
1884     among the urban and rural areas of the state;
1885          (b) receive feedback, input, and reports from economic opportunity agencies regarding
1886     programs related to the statewide economic development strategy;
1887          (c) develop the statewide economic strategy in view of the state water policy described

1888     in Section 73-1-21, including the state's commitment to appropriate conservation, efficient and
1889     optimal use of water resources, infrastructure development and improvement, optimal
1890     agricultural use, water quality, reasonable access to recreational activities, effective wastewater
1891     treatment, and protecting and restoring healthy ecosystems;
1892          (d) direct and facilitate changes to or recommend elimination of economic
1893     development programs to ensure alignment with the mission and vision described in Section
1894     63N-1a-103;
1895          (e) at least once every five years, identify industry clusters on which the commission
1896     recommends the state focus recruiting and expansion efforts;
1897          (f) establish strategies for the recruitment and retention of targeted industry clusters
1898     while respecting the different needs of rural and urban areas throughout the state;
1899          (g) establish strategies for supporting entrepreneurship and small business development
1900     in the state;
1901          (h) analyze the state's projected long-term population and economic growth and plan
1902     for the anticipated impacts of the projected growth in a manner that improves quality of life
1903     and is consistent with the statewide economic development strategy and state strategic goals;
1904          (i) identify gaps and potential solutions related to improving infrastructure, especially
1905     as related to the state's projected long-term population growth;
1906          (j) support the development of a prepared workforce that can support critical industries
1907     and industry clusters identified by the commission;
1908          (k) coordinate and develop strategies that assist education providers and industry to
1909     cooperate in supporting students in developing market relevant skills to meet industry needs;
1910          (l) develop strategies and plans to ensure comprehensive economic development efforts
1911     are targeted to the unique needs of rural areas of the state;
1912          (m) study the unique needs of multicultural communities throughout the state and
1913     develop household-level plans to ensure residents of the state can participate in economic
1914     opportunities in the state;
1915          (n) ensure the commission's efforts are, to the extent practicable, data-driven and
1916     evidence-based;
1917          (o) support an integrated international trade strategy for the state;
1918          (p) facilitate coordination among public, private, and nonprofit economic opportunity

1919     agencies; and
1920          (q) in performing the commission's duties, consider the recommendations of the
1921     subcommittees described in Chapter 1b, Commission Subcommittees, the GO Utah board, the
1922     talent board, and any working groups established under Subsection (2).
1923          (2) The commission may establish working groups as is deemed appropriate to assist
1924     and advise the commission on specified topics or issues related to the commission's duties.
1925          [(2)] (3) The commission shall provide a report to the office for inclusion in the office's
1926     annual written report described in Section 63N-1a-306, that includes:
1927          (a) the statewide economic development strategy;
1928          (b) a description of how the commission fulfilled the commission's statutory purposes
1929     and duties during the year, including any relevant findings;
1930          (c) the key performance indicators included in the statewide economic development
1931     strategy, including data showing the extent to which the indicators are being met; and
1932          (d) any legislative recommendations.
1933          Section 44. Section 63N-1a-303 is amended to read:
1934          63N-1a-303. Powers and duties of executive director.
1935          (1) Unless otherwise expressly provided by statute, the executive director may organize
1936     the office in any appropriate manner, including the appointment of deputy directors of the
1937     office.
1938          (2) The executive director may consolidate personnel and service functions for
1939     efficiency and economy in the office.
1940          (3) The executive director, with the approval of the governor:
1941          (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
1942     Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
1943          (b) may enter into a lawful contract or agreement with another state, a chamber of
1944     commerce organization, a service club, or a private entity; and
1945          (c) shall annually prepare and submit to the governor a budget of the office's financial
1946     requirements.
1947          (4) With the governor's approval, if a federal program requires the expenditure of state
1948     funds as a condition for the state to participate in a fund, property, or service, the executive
1949     director may expend necessary funds from money provided by the Legislature for the use of the

1950     office.
1951          (5) The executive director shall coordinate with the executive directors of the
1952     Department of Workforce Services and the Governor's Office of Planning and Budget to
1953     review data and metrics to be reported to the Legislature as described in Subsection
1954     63N-1a-306(2)(b).
1955          (6) Unless otherwise provided in this title, the executive director may make rules in
1956     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for
1957     the administration of programs established under this title.
1958          Section 45. Section 63N-1a-306 is amended to read:
1959          63N-1a-306. Annual report -- Content -- Format.
1960          (1) The office shall prepare and submit to the governor and the Legislature, by October
1961     1 of each year, an annual written report of the operations, activities, programs, and services of
1962     the office, including the divisions, sections, boards, commissions, councils, and committees
1963     established under this title, for the preceding fiscal year.
1964          (2) For each operation, activity, program, or service provided by the office, the annual
1965     report shall include:
1966          (a) a description of the operation, activity, program, or service;
1967          (b) data and metrics:
1968          (i) selected and used by the office to measure progress, performance, effectiveness, and
1969     scope of the operation, activity, program, or service, including summary data; and
1970          (ii) that are consistent and comparable for each state operation, activity, program, or
1971     service that primarily involves employment training or placement as determined by the
1972     executive directors of the office, the Department of Workforce Services, and the Governor's
1973     Office of Planning and Budget;
1974          (c) budget data, including the amount and source of funding, expenses, and allocation
1975     of full-time employees for the operation, activity, program, or service;
1976          (d) historical data from previous years for comparison with data reported under
1977     Subsections (2)(b) and (c);
1978          (e) goals, challenges, and achievements related to the operation, activity, program, or
1979     service;
1980          (f) relevant federal and state statutory references and requirements;

1981          (g) contact information of officials knowledgeable and responsible for each operation,
1982     activity, program, or service; and
1983          (h) other information determined by the office that:
1984          (i) may be needed, useful, or of historical significance; or
1985          (ii) promotes accountability and transparency for each operation, activity, program, or
1986     service with the public and elected officials.
1987          (3) The annual report shall be designed to provide clear, accurate, and accessible
1988     information to the public, the governor, and the Legislature.
1989          (4) The office shall:
1990          (a) submit the annual report in accordance with Section 68-3-14;
1991          (b) make the annual report, and previous annual reports, accessible to the public by
1992     placing a link to the reports on the office's website; and
1993          (c) provide the data and metrics described in Subsection (2)(b) to the [Talent,
1994     Education, and Industry Alignment Subcommittee created in Section 63N-1b-301] talent board.
1995          Section 46. Section 63N-1a-307 is enacted to read:
1996          63N-1a-307. Restrictions on pass through funding.
1997          (1) As used in this section, "pass through funding" means the same as that term is
1998     defined in Section 63J-1-220.
1999          (2) In addition to the requirements of Section 63J-1-220, the office may not distribute
2000     pass through funding to an entity or organization unless the item of appropriation for the pass
2001     through funding describes the type of entity or organization the Legislature intends to receive
2002     the pass through funding.
2003          (3) If an item of appropriation to the office for pass through funding does not describe
2004     the type of entity or organization the Legislature intends to receive the pass through funding,
2005     the funds shall lapse to the source fund at the end of the fiscal year, regardless of whether those
2006     funds are designated by law as nonlapsing.
2007          Section 47. Section 63N-1a-401, which is renumbered from Section 63N-1b-201 is
2008     renumbered and amended to read:
2009     
Part 4. Creation of Board of Economic Opportunity

2010          [63N-1b-201].      63N-1a-401. Creation of Board of Economic Opportunity.
2011          (1) (a) There is created [a subcommittee of the commission, called the Business and

2012     Economic Development Subcommittee] within the office the Board of Economic Opportunity,
2013     consisting of 15 members appointed by the chair of the commission, in consultation with the
2014     executive director, to four-year terms of office with the advice and consent of the Senate in
2015     accordance with Title 63G, Chapter 24, Part 2, Vacancies, including:
2016          (i) a representative from a rural association of governments;
2017          (ii) a rural representative of agriculture;
2018          (iii) a rural representative of the travel industry;
2019          (iv) a representative of rural utilities; and
2020          (v) a representative from the oil, gas, or mineral extraction industry.
2021          (b) Notwithstanding the requirements of Subsection (1)(a), the chair of the commission
2022     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
2023     terms of board members are staggered so that approximately half of the [subcommittee] board
2024     is appointed every two years.
2025          (c) The members may not serve more than two full consecutive terms except where the
2026     chair of the commission determines that an additional term is in the best interest of the state.
2027          (2) In appointing members of the [committee] board, the chair of the commission shall
2028     ensure that:
2029          (a) no more than eight members of the [subcommittee] board are from one political
2030     party; and
2031          (b) members represent a variety of geographic areas and economic interests of the state.
2032          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
2033     appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
2034          (4) Eight members of the [subcommittee] board constitute a quorum for conducting
2035     board business and exercising board power.
2036          (5) The chair of the commission shall select one [subcommittee] board member as the
2037     [subcommittee's] board's chair and one member as the [subcommittee's] board's vice chair.
2038          (6) A member may not receive compensation or benefits for the member's service, but
2039     may receive per diem and travel expenses in accordance with:
2040          (a) Section 63A-3-106;
2041          (b) Section 63A-3-107; and
2042          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

2043          (7) A member shall comply with the conflict of interest provisions described in Title
2044     63G, Chapter 24, Part 3, Conflicts of Interest.
2045          [(8) Nothing in this section prohibits an individual who, on May 4, 2021, is a member
2046     of a board within the office known as the Board of Business and Economic Development from
2047     serving as a member of the GO Utah board.]
2048          Section 48. Section 63N-1a-402, which is renumbered from Section 63N-1b-202 is
2049     renumbered and amended to read:
2050          [63N-1b-202].      63N-1a-402. Board of Economic Opportunity duties and
2051     powers.
2052          (1) The[ Business and Economic Development Subcommittee] GO Utah board shall
2053     advise and assist the commission to:
2054          (a) promote and encourage the economic, commercial, financial, industrial,
2055     agricultural, and civic welfare of the state;
2056          (b) promote and encourage the development, attraction, expansion, and retention of
2057     businesses, industries, and commerce in the state;
2058          (c) support the efforts of local government and regional nonprofit economic
2059     development organizations to encourage expansion or retention of businesses, industries, and
2060     commerce in the state;
2061          (d) act to enhance the state's economy;
2062          [(e) work in conjunction with companies and individuals located or doing business in
2063     the state to secure favorable rates, fares, tolls, charges, and classification for transportation of
2064     persons or property by:]
2065          [(i) railroad;]
2066          [(ii) motor carrier; or]
2067          [(iii) other common carriers;]
2068          [(f)] (e) develop policies, priorities, and objectives regarding the assistance, retention,
2069     or recruitment of business, industries, and commerce in the state;
2070          [(g)] (f) administer programs for the assistance, retention, or recruitment of businesses,
2071     industries, and commerce in the state;
2072          [(h)] (g) ensure that economic development programs are available to all areas of the
2073     state in accordance with federal and state law;

2074          [(i)] (h) identify local, regional, and statewide rural economic development and
2075     planning priorities;
2076          [(j)] (i) understand, through study and input, issues relating to local, regional, and
2077     statewide rural economic development, including challenges, opportunities, best practices,
2078     policy, planning, and collaboration; and
2079          [(k)] (j) maintain ethical and conflict of interest standards consistent with those
2080     imposed on a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees'
2081     Ethics Act.
2082          (2) The [subcommittee] GO Utah board shall:
2083          (a) serve as an advisory board to the commission on rural economic development
2084     issues; and
2085          [(b) prepare an annual strategic plan that:]
2086          [(i) identifies rural economic development, planning, and leadership training
2087     challenges, opportunities, priorities, and objectives; and]
2088          [(ii) includes a work plan for accomplishing the objectives referred to in Subsection
2089     (1)(b)(i); and]
2090          [(c) oversee the Rural County Grant Program created in Section 17-54-103.]
2091          [(3) The subcommittee may:]
2092          [(a) in accordance with Subsection (1)(e), appear as a party litigant on behalf of an
2093     individual or a company located or doing business in the state in a proceeding before a
2094     regulatory commission of the state, another state, or the federal government; and]
2095          [(b) in consultation with the executive director, make, amend, or repeal rules for the
2096     conduct of its business consistent with this part and in accordance with Title 63G, Chapter 3,
2097     Utah Administrative Rulemaking Act.]
2098          (b) make recommendations to the executive director regarding applications for loans,
2099     grants, or other financial assistance from the Industrial Assistance Account as provided in
2100     Section 63N-3-105.
2101          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2102     GO Utah board may, in consultation with the executive director, make rules for the conduct of
2103     the GO Utah board's business.
2104          Section 49. Section 63N-2-511 is amended to read:

2105          63N-2-511. Stay Another Day and Bounce Back Fund.
2106          (1) As used in this section:
2107          (a) "Bounce back fund" means the Stay Another Day and Bounce Back Fund, created
2108     in Subsection (2).
2109          (b) "Tourism board" means the Board of Tourism Development created in Section
2110     [63N-7-101] 63N-7-201.
2111          (2) There is created an expendable special revenue fund known as the Stay Another
2112     Day and Bounce Back Fund.
2113          (3) The bounce back fund shall:
2114          (a) be administered by the tourism board;
2115          (b) earn interest; and
2116          (c) be funded by:
2117          (i) annual payments under Section 17-31-9 from the county in which a qualified hotel
2118     is located;
2119          (ii) money transferred to the bounce back fund under Section 63N-2-503.5 or
2120     63N-2-512; and
2121          (iii) any money that the Legislature chooses to appropriate to the bounce back fund.
2122          (4) Interest earned by the bounce back fund shall be deposited into the bounce back
2123     fund.
2124          (5) The tourism board may use money in the bounce back fund to pay for a tourism
2125     program of advertising, marketing, and branding of the state, taking into consideration the
2126     long-term strategic plan, economic trends, and opportunities for tourism development on a
2127     statewide basis.
2128          Section 50. Section 63N-2-810 is amended to read:
2129          63N-2-810. Reports on tax credit certificates.
2130          The office shall include the following information in the annual written report described
2131     in Section [63N-4-106] 63N-1a-306:
2132          (1) the total amount listed on tax credit certificates the office issues under this part;
2133          (2) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
2134     credit applicants under this part; and
2135          (3) the economic impact on the state related to providing tax credits under this part.

2136          Section 51. Section 63N-3-105 is amended to read:
2137          63N-3-105. Qualification for assistance.
2138          (1) (a) Except as provided in Section 63N-3-109, the administrator, in consultation
2139     with the GO Utah board, shall determine which industries, companies, and individuals qualify
2140     to receive money from the Industrial Assistance Account.
2141          (b) Except as provided by Subsection (2), to qualify for financial assistance from the
2142     restricted account, an applicant shall:
2143          (i) demonstrate to the satisfaction of the administrator that the applicant will expend
2144     funds in the state with employees, vendors, subcontractors, or other businesses in an amount
2145     proportional with money provided from the restricted account at a minimum ratio of one to one
2146     per year or other more stringent requirements as established on a per project basis by the
2147     administrator;
2148          (ii) demonstrate to the satisfaction of the administrator the applicant's ability to sustain
2149     economic activity in the state sufficient to repay, by means of cash or appropriate credits, the
2150     loan provided by the restricted account; and
2151          (iii) satisfy other criteria the administrator considers appropriate.
2152          (2) (a) The administrator may exempt an applicant from the requirements of Subsection
2153     (1)(a) or (b) if:
2154          (i) the applicant is part of a targeted industry;
2155          (ii) the applicant is a quasi-public corporation organized under Title 16, Chapter 6a,
2156     Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent Corporations
2157     Act, and its operations, as demonstrated to the satisfaction of the administrator, will provide
2158     significant economic stimulus to the growth of commerce and industry in the state; or
2159          (iii) the applicant is an entity offering an economic opportunity under Section
2160     63N-3-109.
2161          (b) The administrator may not exempt the applicant from the requirement under
2162     Subsection 63N-3-106(2)(b) that the loan be structured so that the repayment or return to the
2163     state equals at least the amount of the assistance together with an annual interest charge.
2164          (3) The GO Utah board shall make recommendations to the administrator regarding
2165     applications for loans, grants, or other financial assistance from the Industrial Assistance
2166     Account.

2167          [(3)] (4) The administrator shall:
2168          (a) for applicants not described in Subsection (2)(a):
2169          (i) make findings as to whether or not each applicant has satisfied each of the
2170     conditions set forth in Subsection (1); and
2171          (ii) monitor the continued compliance by each applicant with each of the conditions set
2172     forth in Subsection (1) for five years;
2173          (b) consider the GO Utah board's recommendations with respect to each application;
2174          [(b)] (c) monitor the compliance by each applicant with the provisions of any contract
2175     or agreement entered into between the applicant and the state as provided in Section
2176     63N-3-107; and
2177          [(c)] (d) make funding decisions based upon appropriate findings and compliance.
2178          Section 52. Section 63N-3-109 is amended to read:
2179          63N-3-109. Financial assistance to entities offering economic opportunities.
2180          (1) Subject to the duties and powers of the GO Utah board under Section [63N-1b-202]
2181     63N-1a-402, the administrator may provide money from the Industrial Assistance Account to
2182     an entity offering an economic opportunity if that entity:
2183          (a) applies to the administrator in a form approved by the administrator; and
2184          (b) meets the qualifications of Subsection (2).
2185          (2) As part of an application for receiving money under this section, an applicant shall:
2186          (a) demonstrate to the satisfaction of the administrator the nature of the economic
2187     opportunity and the related benefit to the economic well-being of the state by providing
2188     evidence documenting the logical and compelling linkage, either direct or indirect, between the
2189     expenditure of money necessitated by the economic opportunity and the likelihood that the
2190     state's tax base, regions of the state's tax base, or specific components of the state's tax base
2191     will not be reduced but will be maintained or enlarged;
2192          (b) demonstrate how the funding request will act in concert with other state, federal, or
2193     local agencies to achieve the economic benefit;
2194          (c) demonstrate how the funding request will act in concert with free market principles;
2195     and
2196          (d) satisfy other criteria the administrator considers appropriate.
2197          (3) Before awarding any money under this section, the administrator shall:

2198          (a) make findings as to whether an applicant has satisfied the requirements of
2199     Subsection (2);
2200          (b) establish benchmarks and timeframes in which progress toward the completion of
2201     the agreed upon activity is to occur;
2202          (c) monitor compliance by an applicant with any contract or agreement entered into by
2203     the applicant and the state as provided by Section 63N-3-107; and
2204          (d) make funding decisions based upon appropriate findings and compliance.
2205          Section 53. Section 63N-3-112 is amended to read:
2206          63N-3-112. Talent development grants.
2207          (1) A for-profit business that is creating new incremental high paying jobs in the state,
2208     may apply to receive a talent development grant from the restricted account.
2209          (2) In accordance with the provisions of this section and in consultation with the GO
2210     Utah board, the administrator may award up to $10,000 per new job created.
2211          (3) The administrator shall designate an application process for a business to apply for
2212     the grant.
2213          (4) A business may apply to receive a grant only after each employee has been
2214     employed at qualifying wage levels for at least 12 consecutive months.
2215          (5) Money granted for a talent development grant under this section shall be deducted
2216     from any other money or incentive awarded by the office to the business.
2217          (6) Grants awarded under this section are only to reimburse a business for the costs
2218     incurred to recruit, hire, train, and otherwise employ an employee in a newly created job.
2219          (7) A business shall submit a hiring and training plan detailing what the grant money
2220     will be used for as part of the application process.
2221          (8) The administrator may only grant an award up to an amount that is no more than
2222     25% of the estimated costs to be incurred by the business for the costs in the hiring and training
2223     plan.
2224          Section 54. Section 63N-3-204 is amended to read:
2225          63N-3-204. Administration -- Grants and loans.
2226          (1) The office shall administer this part.
2227          (2) (a) (i) The office may award Utah Technology [Commercialization and] Innovation
2228     Funding Program grants or issue loans under this part to [an applicant that is:] small

2229     businesses.
2230          [(A) an institution of higher education;]
2231          [(B) a licensee; or]
2232          [(C) a small business.]
2233          (ii) If loans are issued under Subsection (2)(a)(i), the Division of Finance may set up a
2234     fund or account as necessary for the proper accounting of the loans.
2235          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2236     office shall make rules [for a process to determine whether an institution of higher education
2237     that receives a grant under this part must return the grant proceeds or a portion of the grant
2238     proceeds if the technology that is developed with the grant proceeds is licensed to a licensee
2239     that:] establishing procedures for applying for and issuing grants or loans under this part.
2240          [(i) does not maintain a manufacturing or service location in the state from which the
2241     licensee or a sublicensee exploits the technology; or]
2242          [(ii) initially maintains a manufacturing or service location in the state from which the
2243     licensee or a sublicensee exploits the technology, but within five years after issuance of the
2244     license the licensee or sublicensee transfers the manufacturing or service location for the
2245     technology to a location out of the state.]
2246          [(c) A repayment by an institution of higher education of grant proceeds or a portion of
2247     the grant proceeds may only come from the proceeds of the license established between the
2248     licensee and the institution of higher education.]
2249          [(d)] (c) (i) An applicant that [is a licensee or small business that] receives a grant or
2250     loan under this part shall return the grant or loan proceeds or a portion of the grant or loan
2251     proceeds to the office if the applicant:
2252          (A) does not maintain [a manufacturing or service location in the state from which the
2253     applicant exploits the technology] the applicant's principal place of business in the state; or
2254          (B) initially maintains [a manufacturing or service location in the state from which the
2255     applicant exploits the technology] the applicant's principal place of business in the state, but
2256     within five years after issuance of the grant or loan, the applicant transfers the [manufacturing
2257     or service location for the technology] applicant's principal place of business to an out-of-state
2258     location.
2259          (ii) A repayment by an applicant shall be prorated based on the number of full years the

2260     applicant operated in the state from the date of the awarded grant or loan.
2261          [(iii) A repayment by a licensee that receives a grant may only come from the proceeds
2262     of the license to that licensee.]
2263          [(3) (a) Funding allocations shall be made by the office with the advice of the GO Utah
2264     board.]
2265          [(b) Each proposal shall receive the best available outside review.]
2266          [(4) (a)] (3) In considering each proposal, the office shall weigh technical merit, the
2267     level of matching funds from private and federal sources, and the potential for [job creation and
2268     economic development] commercialization and broad impact.
2269          [(b) Proposals or consortia that combine and coordinate related research at two or more
2270     institutions of higher education shall be encouraged.]
2271          [(5)] (4) The office shall review the activities and progress of grant or loan recipients
2272     on a regular basis and, as part of the office's annual written report described in Section
2273     63N-1a-306, report on the accomplishments [and], direction, and usefulness of the Utah
2274     Technology [Commercialization and] Innovation Funding Program[.], including
2275     recommendations on:
2276          (a) whether the program is beneficial to the state and should continue; and
2277          (b) whether other office programs or programs in other agencies could provide similar
2278     state benefits more effectively or at a lower cost.
2279          [(6) (a) On or before August 1, 2018, the office shall provide a written analysis and
2280     recommendations concerning the usefulness of the Technology Commercialization and
2281     Innovation Program described in this part, including whether:]
2282          [(i) the program is beneficial to the state and should continue; and]
2283          [(ii) other office programs or programs in other agencies could provide similar benefits
2284     to the state more effectively or at a lower cost.]
2285          [(b) The written analysis and recommendations described in this Subsection (6) shall
2286     be provided to:]
2287          [(i) the Business, Economic Development, and Labor Appropriations Subcommittee;]
2288          [(ii) the Economic Development and Workforce Services Interim Committee;]
2289          [(iii) the Business and Labor Interim Committee; and]
2290          [(iv) the governor.]

2291          Section 55. Section 63N-3-801 is enacted to read:
2292     
Part 8. Economic Assistance Grant Program

2293          63N-3-801. Definitions.
2294          As used in this part:
2295          (1) "Business entity" means a for-profit or nonprofit entity.
2296          (2) "Grant" means a grant awarded as part of the Economic Assistance Grant Program
2297     created in Section 63N-3-802.
2298          (3) "Grant program" means the Economic Assistance Grant Program created in Section
2299     63N-3-802.
2300          Section 56. Section 63N-3-802 is enacted to read:
2301          63N-3-802. Creation of Economic Assistance Grant Program -- Requirements --
2302     Rulemaking -- Annual report.
2303          (1) There is created the Economic Assistance Grant Program administered by the
2304     office.
2305          (2) Subject to appropriations from the Legislature, the office may award one or more
2306     grants to a business entity to provide funding for projects that:
2307          (a) promote and support economic opportunities in the state; and
2308          (b) provide a service in the state related to industry, education, community
2309     development, or infrastructure.
2310          (3) In awarding grants, the office may prioritize projects:
2311          (a) that create new jobs in the state;
2312          (b) that develop targeted industries in the state;
2313          (c) where an applicant identifies clear metrics to measure the progress, effectiveness,
2314     and scope of the project;
2315          (d) where an applicant secures funding from other sources to help finance the project;
2316          (e) where an applicant demonstrates comprehensive planning of the project; and
2317          (f) that require one-time funds.
2318          (4) Before a business entity may receive a grant, the business entity shall enter into a
2319     written agreement with the office that specifies:
2320          (a) the amount of the grant;
2321          (b) the time period for distributing the grant;

2322          (c) the terms and conditions that the business entity shall meet to receive the grant;
2323          (d) the structure of the grant; and
2324          (e) the expenses for which the business entity may expend the grant.
2325          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2326     office may make rules to administer the grant program.
2327          (6) The office shall include in the annual written report described in Section
2328     63N-1a-306 a report on the grant program, including a description and the amount of any
2329     grants awarded.
2330          Section 57. Section 63N-4-104 is amended to read:
2331          63N-4-104. Duties.
2332          (1) The Center for Rural Development shall:
2333          (a) work to enhance the capacity of the office to address rural economic development,
2334     planning, and leadership training challenges and opportunities by establishing partnerships and
2335     positive working relationships with appropriate public and private sector entities, individuals,
2336     and institutions;
2337          (b) work with the GO Utah board to coordinate and focus available resources in ways
2338     that address the economic development, planning, and leadership training challenges and
2339     priorities in rural Utah;
2340          (c) assist in administering the Rural [County Grant Program created in Section
2341     17-54-103, including, as described in Subsection 17-54-103(10), compiling reported
2342     information regarding the program for inclusion in the office's annual written report described
2343     in Section 63N-1a-306] Opportunity Program created in Section 63N-4-802; and
2344          (d) in accordance with economic development and planning policies set by state
2345     government, coordinate relations between:
2346          (i) the state;
2347          (ii) rural governments;
2348          (iii) other public and private groups engaged in rural economic planning and
2349     development; and
2350          (iv) federal agencies.
2351          (2) (a) The Center for Rural Development may:
2352          (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,

2353     make rules necessary to carry out its duties;
2354          (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
2355     Utah citizens; and
2356          (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
2357     for the use and benefit of rural citizens within the state.
2358          (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
2359     Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
2360          Section 58. Section 63N-4-402 is amended to read:
2361          63N-4-402. Definitions.
2362          As used in this part:
2363          (1) (a) "Business entity" means a sole proprietorship, partnership, association, joint
2364     venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
2365     a business.
2366          (b) "Business entity" does not include a business primarily engaged in the following:
2367          (i) construction;
2368          (ii) staffing;
2369          (iii) retail trade; or
2370          (iv) public utility activities.
2371          (2) "Grant" means a grant awarded as part of the Rural Employment Expansion Grant
2372     Program created in Section 63N-4-403.
2373          (3) "Grant program" means the Rural Employment Expansion Grant Program created
2374     in Section 63N-4-403.
2375          (4) "Mining company" means an entity whose primary business is the exploration for
2376     or extraction of minerals from the earth.
2377          (5) "Mining services company" means an entity whose primary business is providing
2378     support services for a mining company, including drilling or geological modeling.
2379          [(2)] (6) (a) "Owner or officer" means an individual who owns an ownership interest in
2380     an entity or holds a position where the person has authority to manage, direct, control, or make
2381     decisions for:
2382          (i) the entity or a portion of the entity; or
2383          (ii) an employee, agent, or independent contractor of the entity.

2384          (b) "Owner or officer" includes:
2385          (i) a member of a board of directors or other governing body of an entity; or
2386          (ii) a partner in any type of partnership.
2387          [(3) "Rural employment expansion grant" means a grant available under this part.]
2388          (7) "Rural county" means a county of the third, fourth, fifth, or sixth class.
2389          Section 59. Section 63N-4-403 is amended to read:
2390          63N-4-403. Creation of Rural Employment Expansion Grant Program -- Duties
2391     of the office.
2392          (1) There is created the Rural Employment Expansion Grant Program administered by
2393     the office.
2394          [(1)] (2) The office shall:
2395          (a) review a business entity's application for a [rural employment expansion grant
2396     under this part] grant in the order in which the application is received by the office;
2397          (b) ensure that a [rural employment expansion] grant is only awarded to a business
2398     entity that meets the requirements of this part; and
2399          (c) as part of the annual written report described in Section 63N-1a-306, prepare an
2400     annual evaluation that provides:
2401          (i) the identity of each business entity that was provided a [rural employment
2402     expansion] grant by the office during the year of the annual report;
2403          (ii) the total amount awarded in [rural employment expansion] grants for each county;
2404     and
2405          (iii) an evaluation of the effectiveness of the [rural employment expansion] grant in
2406     bringing significant new employment to rural communities.
2407          [(2)] (3) The office may:
2408          (a) authorize a [rural employment expansion] grant for a business entity under this part;
2409          (b) audit a business entity to ensure:
2410          (i) eligibility for a [rural employment expansion] grant; and
2411          (ii) compliance with this part; and
2412          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2413     in accordance with the provisions of this part, make rules regarding the:
2414          (i) form and content of an application for a [rural employment expansion] grant;

2415          (ii) documentation or other requirements for a business entity to receive a [rural
2416     employment expansion] grant; and
2417          (iii) administration of [rural employment expansion] grants, including an appeal
2418     process and relevant timelines and deadlines.
2419          Section 60. Section 63N-4-404 is amended to read:
2420          63N-4-404. Grant application process.
2421          (1) For a fiscal year beginning on or after July 1, 2018, a business entity seeking to
2422     receive a [rural employment expansion grant as provided in this part] grant shall provide the
2423     office with an application [for a rural employment expansion grant] in a form approved by the
2424     office that includes:
2425          (a) a certification, by an officer of the business entity, of each signature on the
2426     application;
2427          (b) a document that specifies the projected number and anticipated wage level of the
2428     new full-time employee positions that the business entity plans to create as the basis for
2429     qualifying for a [rural employment expansion] grant; and
2430          (c) any additional information required by the office.
2431          (2) (a) If, after review of an application provided by a business entity as described in
2432     Subsection (1), the office determines that the application is inadequate to provide a reasonable
2433     justification for authorizing the [rural employment expansion] grant, the office shall:
2434          (i) deny the application; or
2435          (ii) inform the business entity that the application is inadequate and ask the business
2436     entity to submit additional documentation.
2437          (b) (i) If the office denies an application, the business entity may appeal the denial to
2438     the office.
2439          (ii) The office shall review any appeal within 10 business days and make a final
2440     determination of the business entity's eligibility for a grant [under this part].
2441          (3) If, after review of an application provided by a business entity as described in
2442     Subsection (1), the office determines that the application provides reasonable justification for
2443     authorizing a [rural employment expansion] grant and if there are available funds for the grant,
2444     the office shall enter into a written agreement with the business entity that:
2445          (a) indicates the maximum [rural employment expansion] grant amount the business

2446     entity is authorized to receive;
2447          (b) includes a document signed by an officer of the business entity that expressly
2448     directs and authorizes the State Tax Commission to disclose to the office the business entity's
2449     tax returns and other information that would otherwise be subject to confidentiality under
2450     Section 59-1-403 or Section 6103, Internal Revenue Code;
2451          (c) describes the documentation required to demonstrate that the business entity has
2452     created the new full-time employee positions described in the application provided under
2453     Subsection (1); and
2454          (d) specifies the deadlines to provide the documentation described in Subsection (3)(c).
2455          (4) (a) Subject to available funds, the office may award a [rural employment
2456     expansion] grant to a business entity as follows:
2457          (i) $4,000 for each new full-time employee position in a county where the average
2458     county wage is equal to or greater than the state average wage;
2459          (ii) $5,000 for each new full-time employee position in a county where the average
2460     county wage is between 85% and 99% of the state average wage; and
2461          (iii) $6,000 for each new full-time employee position in a county where the average
2462     county wage is less than 85% of the state average wage.
2463          (b) A business entity may qualify for no more than $250,000 in [rural employment
2464     expansion] grants in any fiscal year.
2465          (5) (a) Subject to available funds, the office shall award a business entity a grant in the
2466     amount allowed under this part if the business entity provides documentation to the office:
2467          (i) in a form prescribed by the office under Subsection (3)(c);
2468          (ii) before the deadline described in Subsection (3)(d); and
2469          (iii) that demonstrates that the business applicant has created new full-time employee
2470     positions.
2471          (b) If a business entity does not provide the documentation described in Subsection
2472     (3)(c) before the deadline described in Subsection (3)(d), the business entity is ineligible to
2473     receive a [rural employment expansion] grant unless the business entity submits a new
2474     application to be reviewed by the office in accordance with Subsection (1).
2475          (6) Nothing in this part prevents a business entity that has received a [rural
2476     employment expansion] grant from concurrently applying for or receiving another grant or

2477     incentive administered by the office.
2478          [(7) (a) As used in this Subsection (7):]
2479          [(i) "Mining company" means an entity whose primary business is the exploration for
2480     or extraction of minerals from the earth.]
2481          [(ii) "Mining services company" means an entity whose primary business is providing
2482     support services for a mining company, including drilling or geological modeling.]
2483          [(b)] (7) If an applicant for a [rural employment expansion] grant is a mining company
2484     or mining services company having business operations within five miles of a rural county, the
2485     applicant shall be treated as if the applicant were located within the adjacent rural county in
2486     determining whether the applicant qualifies for the [rural employment expansion] grant
2487     program.
2488          Section 61. Section 63N-4-801 is enacted to read:
2489     
Part 8. Rural Opportunity Act

2490          63N-4-801. Definitions.
2491          As used in this part:
2492          (1) "Advisory committee" means the Rural Opportunity Advisory Committee created
2493     in Section 63N-4-804.
2494          (2) (a) "Business entity" means a sole proprietorship, partnership, association, joint
2495     venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
2496     a business.
2497          (b) "Business entity" does not include a business primarily engaged in the following:
2498          (i) construction;
2499          (ii) staffing;
2500          (iii) retail trade; or
2501          (iv) public utility activities.
2502          (3) "CEO board" means a County Economic Opportunity Advisory Board as described
2503     in Section 63N-4-803.
2504          (4) "Fund" means the Rural Opportunity Fund created in Section 63N-4-805.
2505          (5) "Qualified asset" means a physical asset that provides or supports an essential
2506     public service.
2507          (6) " Qualified project" means a project to build or improve one or more qualified

2508     assets for a rural community, including:
2509          (a) telecom and high-speed Internet infrastructure;
2510          (b) power and energy infrastructure;
2511          (c) water and sewerage infrastructure;
2512          (d) healthcare infrastructure; or
2513          (e) other infrastructure as defined by rule made by the office in accordance with Title
2514     63G, Chapter 3, Utah Administrative Rulemaking Act.
2515          (7) "Rural community" means a rural county or rural municipality.
2516          (8) "Rural county" means a county of the third, fourth, fifth, or sixth class.
2517          (9) "Rural municipality" means a city, town, or metro township located within the
2518     boundaries of a rural county.
2519          (10) "Rural Opportunity Program" or "program" means the Rural Opportunity Program
2520     created in Section 63N-4-802.
2521          Section 62. Section 63N-4-802 is enacted to read:
2522          63N-4-802. Creation of Rural Opportunity Program -- Awarding of grants and
2523     loans -- Rulemaking -- Reporting.
2524          (1) There is created the Rural Opportunity Program.
2525          (2) The program shall be overseen by the advisory committee and administered by the
2526     office.
2527          (3) (a) In overseeing the program, the advisory committee shall make recommendations
2528     to the office on the awarding of grants and loans under this section.
2529          (b) After reviewing the recommendations of the advisory committee, and subject to
2530     appropriations from the Legislature, the office shall:
2531          (i) award grants to rural communities and business entities in accordance with
2532     Subsection (4) and rules made by the center under Subsection (6); and
2533          (ii) award loans to rural communities in accordance with Subsection (5) and rules made
2534     by the center under Subsection (6).
2535          (4) (a) The office shall annually distribute an equal amount of grant money to all rural
2536     counties that have created a CEO board, in an amount up to and including $200,000 annually
2537     per county.
2538          (b) In addition to the grant money distributed to rural counties under Subsection (4)(a),

2539     the office may use program funds to:
2540          (i) award grants to rural communities that demonstrate a funding match, in an amount
2541     established by rule under Subsection (6); and
2542          (ii) award grants to business entities that create new jobs within rural communities.
2543          (c) The office shall award grants under this Subsection (4) to address the economic
2544     development needs of rural communities, which needs may include:
2545          (i) business recruitment, development, and expansion;
2546          (ii) workforce training and development; and
2547          (iii) infrastructure, industrial building development, and capital facilities improvements
2548     for business development.
2549          (d) In awarding grants under this Subsection (4), the office:
2550          (i) shall prioritize applications in accordance with rules made by the office under
2551     Subsection (6); and
2552          (ii) may not award more than $800,000 annually to a rural community or business
2553     entity.
2554          (5) (a) In addition to the awarding of grants under Subsection (4), the office may use
2555     program funds to award loans to rural communities to provide financing for qualified projects.
2556          (b) (i) A rural community may not receive a loan from the program unless the rural
2557     community enters into a loan contract with the office.
2558          (ii) A loan contract under Subsection (5)(b)(i):
2559          (A) shall be secured by legally issued bonds, notes, or other evidence of indebtedness
2560     validly issued under state law, including pledging all or any portion of a revenue source
2561     controlled by the rural community to the repayment of the loan; and
2562          (B) may provide that a portion of the proceeds of the loan may be applied to fund a
2563     reserve fund to secure the repayment of the loan.
2564          (c) A loan under this Subsection (5) shall bear interest at a rate:
2565          (i) not less than bond market interest rates available to the state; and
2566          (ii) not more than .5% above bond market interest rates available to the state.
2567          (d) Before a rural community may receive a loan from the office, the rural community
2568     shall:
2569          (i) publish the rural community's intention to obtain the loan at least once in

2570     accordance with the publication and notice requirements described in Section 11-14-316; and
2571          (ii) adopt an ordinance or resolution authorizing the loan.
2572          (e) (i) If a rural community that receives a loan from the office fails to comply with the
2573     terms of the loan contract, the office may seek any legal or equitable remedy to obtain
2574     compliance or payment of damages.
2575          (ii) If a rural community fails to make loan payments when due, the state shall, at the
2576     request of the office, withhold an amount of money due to the rural community and deposit the
2577     withheld money into the fund to pay the amount due under the contract.
2578          (iii) The office may elect when to take any action or request the withholding of money
2579     under this Subsection (5)(e).
2580          (f) All loan contracts, bonds, notes, or other evidence of indebtedness securing any
2581     loans shall be collected and accounted for in accordance with Section 63B-1b-202.
2582          (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2583     and in collaboration with the advisory committee, the office shall make rules to administer the
2584     program.
2585          (b) The rules under Subsection (6)(a) shall establish:
2586          (i) eligibility criteria for a rural community or business entity to receive a grant or loan
2587     under the program;
2588          (ii) application requirements;
2589          (iii) funding match requirements for a rural community to receive a grant under
2590     Subsection (4)(b);
2591          (iv) a process for prioritizing grant and loan applications; and
2592          (v) reporting requirements.
2593          (7) The office shall include the following information in the annual written report
2594     described in Section 63N-1a-306:
2595          (a) the total amount of grants and loans the office awarded to rural communities and
2596     business entities under the program;
2597          (b) a description of the projects for which the office awarded a grant or loan under the
2598     program;
2599          (c) the total amount of outstanding debt service that is being repaid by a grant or loan
2600     awarded under the program;

2601          (d) whether the grants and loans awarded under the program have resulted in economic
2602     development within rural communities; and
2603          (e) the office's recommendations regarding the effectiveness of the program and any
2604     suggestions for legislation.
2605          Section 63. Section 63N-4-803, which is renumbered from Section 17-54-104 is
2606     renumbered and amended to read:
2607          [17-54-104].      63N-4-803. County Economic Opportunity Advisory Board.
2608          (1) (a) Each rural county that seeks to obtain a grant from the office under [this
2609     chapter] Subsection 63N-4-802(4)(a), shall create a [CED] CEO board composed of at least the
2610     following members appointed by the county legislative body:
2611          (i) a county representative;
2612          (ii) a representative of a municipality in the county;
2613          (iii) a workforce development representative;
2614          (iv) a private-sector representative; and
2615          (v) a member of the public who lives in the county.
2616          (b) The county legislative body may also appoint additional members with experience
2617     or expertise in economic development matters.
2618          (c) In appointing members of the [CED] CEO board, the county legislative body may
2619     consider gender and socioeconomic diversity.
2620          (2) Each [CED] CEO board shall assist and advise the county legislative body on:
2621          (a) applying for a grant under [this chapter] Subsection 63N-4-802(4)(a);
2622          (b) what projects should be funded by grant money provided to a rural county under
2623     [this chapter] Subsection 63N-4-802(4)(a); and
2624          (c) preparing reporting requirements for grant money received by a rural county under
2625     [this chapter] Subsection 63N-4-802(4)(a).
2626          Section 64. Section 63N-4-804 is enacted to read:
2627          63N-4-804. Rural Opportunity Advisory Committee.
2628          (1) There is created within the office the Rural Opportunity Advisory Committee.
2629          (2) The advisory committee shall be composed of seven members appointed by the
2630     executive director, at least five of whom shall reside in a rural county.
2631          (3) The advisory committee shall advise and make recommendations to the office

2632     regarding the awarding of grants and loans under the Rural Opportunity Program.
2633          (4) (a) Subject to Subsection (4)(b), each member of the advisory committee shall be
2634     appointed for a four-year term unless a member is appointed to complete an unexpired term.
2635          (b) The executive director may adjust the length of term at the time of appointment or
2636     reappointment so that approximately half of the advisory committee is appointed every two
2637     years.
2638          (5) The advisory committee shall annually elect a chair from among the advisory
2639     committee's members.
2640          (6) A majority of the advisory committee constitutes a quorum for the purpose of
2641     conducting advisory committee business and the action of a majority of a quorum constitutes
2642     the action of the advisory committee.
2643          (7) The office shall provide staff support for the advisory committee.
2644          (8) A member may not receive compensation or benefits for the member's service, but
2645     may receive per diem and travel expenses in accordance with:
2646          (a) Section 63A-3-106;
2647          (b) Section 63A-3-107; and
2648          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2649     63A-3-107.
2650          Section 65. Section 63N-4-805 is enacted to read:
2651          63N-4-805. Rural Opportunity Fund.
2652          (1) There is created a restricted account within the General Fund known as the "Rural
2653     Opportunity Fund".
2654          (2) The fund shall be administered by the office for the purposes described in
2655     Subsection (5).
2656          (3) The fund consists of:
2657          (a) money appropriated by the Legislature;
2658          (b) donations or grants from public or private entities; and
2659          (c) all money collected from the repayment of fund money used for a loan issued under
2660     the Rural Opportunity Program.
2661          (4) (a) The fund shall earn interest.
2662          (b) All interest earned on money in the fund shall be deposited into the fund.

2663          (5) Money in the fund may only be used by the office to:
2664          (a) award grants and loans under the Rural Opportunity Program;
2665          (b) award grants under the Rural Employment Expansion Program created in Section
2666     63N-4-403;
2667          (c) award grants under the Rural Coworking and Innovation Center Grant Program
2668     created in Section 63N-4-503; and
2669          (d) pay for administrative costs related to this chapter.
2670          (6) The office may establish separate accounts in the fund for separate programs,
2671     administrative and operating expenses, or any other purpose to implement this chapter.
2672          (7) Money in the fund shall be invested by the state treasurer as provided in Title 51,
2673     Chapter 7, State Money Management Act, and the earnings from the investments shall be
2674     credited to the fund.
2675          (8) The office shall include a report of how money from the fund was used in the
2676     annual written report described in Section 63N-1a-306.
2677          Section 66. Section 63N-6-301 is amended to read:
2678          63N-6-301. Utah Capital Investment Corporation -- Powers and purposes --
2679     Reporting requirements.
2680          (1) (a) There is created an independent quasi-public nonprofit corporation known as the
2681     Utah Capital Investment Corporation.
2682          (b) The corporation:
2683          (i) may exercise all powers conferred on independent corporations under Section
2684     63E-2-106;
2685          (ii) is subject to the prohibited participation provisions of Section 63E-2-107; and
2686          (iii) is subject to the other provisions of Title 63E, Chapter 2, Independent
2687     Corporations Act, except as otherwise provided in this part.
2688          (c) The corporation shall file with the Division of Corporations and Commercial Code:
2689          (i) articles of incorporation; and
2690          (ii) any amendment to its articles of incorporation.
2691          (d) In addition to the articles of incorporation, the corporation may adopt bylaws and
2692     operational policies that are consistent with this chapter.
2693          (e) Except as otherwise provided in this part, this part does not exempt the corporation

2694     from the requirements under state law which apply to other corporations organized under Title
2695     63E, Chapter 2, Independent Corporations Act.
2696          (2) The purposes of the corporation are to:
2697          (a) organize the Utah fund of funds;
2698          (b) select an investment fund allocation manager to make venture capital and private
2699     equity fund investments by the Utah fund of funds;
2700          (c) negotiate the terms of a contract with the investment fund allocation manager;
2701          (d) execute the contract with the selected investment fund manager on behalf of the
2702     Utah fund of funds;
2703          (e) receive funds paid by designated investors for the issuance of certificates by the
2704     board for private investment in the Utah fund of funds;
2705          (f) receive investment returns from the Utah fund of funds; and
2706          (g) establish the redemption reserve to be used by the corporation to:
2707          (i) redeem certificates; and
2708          (ii) provide money for the state as directed by statute.
2709          (3) The corporation may not:
2710          (a) exercise governmental functions;
2711          (b) have members;
2712          (c) pledge the credit or taxing power of the state or any political subdivision of the
2713     state; or
2714          (d) make its debts payable out of any money except money of the corporation.
2715          (4) The obligations of the corporation are not obligations of the state or any political
2716     subdivision of the state within the meaning of any constitutional or statutory debt limitations,
2717     but are obligations of the corporation payable solely and only from the corporation's funds.
2718          (5) The corporation may:
2719          (a) engage consultants and legal counsel;
2720          (b) expend funds;
2721          (c) invest funds;
2722          (d) issue debt and equity, and borrow funds;
2723          (e) enter into contracts;
2724          (f) insure against loss;

2725          (g) hire employees; and
2726          (h) perform any other act necessary to carry out its purposes.
2727          (6) (a) The corporation shall, in consultation with the board, publish on or before
2728     September 1 an annual report of the activities conducted by the Utah fund of funds and submit,
2729     in accordance with Section 68-3-14, the written report to:
2730          (i) the governor;
2731          (ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
2732          (iii) the Business and Labor Interim Committee; and
2733          (iv) the Retirement and Independent Entities Interim Committee.
2734          (b) The annual report shall:
2735          (i) be designed to provide clear, accurate, and accessible information to the public, the
2736     governor, and the Legislature;
2737          (ii) include a copy of the audit of the Utah fund of funds described in Section
2738     63N-6-405;
2739          (iii) include a detailed balance sheet, revenue and expenses statement, and cash flow
2740     statement;
2741          (iv) include detailed information regarding new fund commitments made during the
2742     year, including the amount of money committed;
2743          (v) include the net rate of return of the Utah fund of funds from the inception of the
2744     Utah fund of funds, after accounting for all expenses, including administrative and financing
2745     costs;
2746          (vi) include detailed information regarding:
2747          (A) realized gains from investments and any realized losses; and
2748          (B) unrealized gains and any unrealized losses based on the net present value of
2749     ongoing investments;
2750          (vii) include detailed information regarding all yearly expenditures, including:
2751          (A) administrative, operating, and financing costs;
2752          (B) aggregate compensation information for full- and part-time employees, including
2753     benefit and travel expenses; and
2754          (C) expenses related to the allocation manager;
2755          (viii) include detailed information regarding all funding sources for administrative,

2756     operations, and financing expenses, including expenses charged by or to the Utah fund of
2757     funds, including management and placement fees;
2758          (ix) review the progress of the investment fund allocation manager in implementing its
2759     investment plan and provide a general description of the investment plan;
2760          (x) for each individual fund that the Utah fund of funds is invested in that represents at
2761     least 5% of the net assets of the Utah fund of funds, include the name of the fund, the total
2762     value of the fund, the fair market value of the Utah fund of funds' investment in the fund, and
2763     the percentage of the total value of the fund held by the Utah fund of funds;
2764          (xi) include the number of companies in Utah where an investment was made from a
2765     fund that the Utah fund of funds is invested in, and provide an aggregate count of new full-time
2766     employees in the state added by all companies where investments were made by funds that the
2767     Utah fund of funds is invested in;
2768          (xii) include an aggregate total value for all funds the Utah fund of funds is invested in,
2769     and an aggregate total amount of money invested in the state by the funds the Utah fund of
2770     funds is invested in;
2771          (xiii) describe any redemption or transfer of a certificate issued under this part;
2772          (xiv) include actual and estimated potential appropriations the Legislature will be
2773     required to provide as a result of redeemed certificates or tax credits during the following five
2774     years;
2775          (xv) include an evaluation of the state's progress in accomplishing the purposes stated
2776     in Section 63N-6-102; and
2777          (xvi) be directly accessible to the public via a link from the main page of the Utah fund
2778     of fund's website.
2779          (c) The annual report may not identify a specific designated investor who has redeemed
2780     or transferred a certificate.
2781          (7) (a) On or before December 1, 2021, the corporation shall provide a written report to
2782     the president of the Senate and the speaker of the House of Representatives that includes a
2783     detailed plan, time line, and recommendations for the future of the corporation.
2784          (b) The plan shall include recommendations describing:
2785          (i) the divestment of the state from any future liability of the corporation and a time
2786     line for realizing gains and winding down all investments from the current Utah fund of funds;

2787          (ii) any plans that the corporation has to raise capital for a fund similar to the current
2788     Utah fund of funds that does not require certificates, contingent tax credits, or other guarantees
2789     from the state to be provided to equity investors;
2790          (iii) whether the corporation should continue as an independent quasi-public nonprofit
2791     corporation under Title 63E, Chapter 2, Independent Corporations Act;
2792          (iv) if the corporation recommends continuing as an independent quasi-public
2793     nonprofit corporation, why the corporation should continue, and what benefits the corporation
2794     will provide to the state in terms of economic development, job growth, or other benefits;
2795          (v) whether the corporation should be liquidated or dissolved under Section
2796     [63N-3-306] 63N-6-306;
2797          (vi) if the corporation recommends that the corporation be liquidated or dissolved, a
2798     detailed plan and time line for dissolution that includes recommendations regarding how assets
2799     and realized gains of the corporation should be distributed;
2800          (vii) whether the corporation should be privatized in accordance with Title 63E,
2801     Chapter 1, Part 4, Privatization of Independent Entities; and
2802          (viii) if the corporation recommends that the corporation be privatized, a detailed plan
2803     and time line for privatization that includes recommendations regarding the distribution of
2804     assets and realized gains of the corporation.
2805          (8) In relation to the written report described in Subsection (7), the corporation:
2806          (a) may seek potential commitments through letters of intent or other means to
2807     demonstrate the viability of raising capital for a new fund as described in Subsection (7)(b)(ii);
2808     and
2809          (b) may not enter into any binding commitments related to a new fund as described in
2810     Subsection (7)(b)(ii), unless the corporation receives specific authorization through legislation
2811     passed by the Legislature after the report described in Subsection (7) is provided.
2812          Section 67. Section 63N-7-101 is repealed and reenacted to read:
2813     
CHAPTER 7. UTAH OFFICE OF TOURISM

2814     
Part 1. General Provisions

2815          63N-7-101. Definitions.
2816          As used in this chapter:
2817          (1) "Board" means the Board of Tourism Development created in Section 63N-7-201.

2818          (2) "Managing director" means the managing director of the Utah Office of Tourism.
2819          (3) "Sports organization" means an organization that:
2820          (a) is exempt from federal income taxation in accordance with Section 501(c)(3),
2821     Internal Revenue Code;
2822          (b) maintains the organization's principal location in the state;
2823          (c) has a minimum of 15 years experience in the state hosting, fostering, and attracting
2824     major summer and winter sporting events statewide; and
2825          (d) was created to foster state, regional, national, and international sports competitions
2826     in the state, to drive the state's Olympic and sports legacy, including competitions related to
2827     Olympic sports, and to promote and encourage sports tourism throughout the state, including
2828     advertising, marketing, branding, and promoting the state for the purpose of attracting sporting
2829     events in the state.
2830          (4) "Tourism office" means the Utah Office of Tourism created in Section 63N-7-102.
2831          Section 68. Section 63N-7-102 is repealed and reenacted to read:
2832          63N-7-102. Utah Office of Tourism created -- Appointment of managing director
2833     -- Responsibilities of tourism office.
2834          (1) There is created within the GO Utah office the Utah Office of Tourism.
2835          (2) (a) The executive director shall appoint a managing director of the tourism office.
2836          (b) The managing director may, with the approval of the executive director, appoint
2837     staff.
2838          (3) The tourism office shall:
2839          (a) be the tourism development authority of the state;
2840          (b) develop a tourism advertising, marketing, branding, destination development, and
2841     destination management program for the state;
2842          (c) receive approval from the board under Subsection 63N-7-202(1)(a) before
2843     implementing the program described in Subsection (3)(b);
2844          (d) develop a plan to increase the economic contribution by tourists visiting the state;
2845          (e) plan and conduct a program of information, advertising, and publicity relating to the
2846     recreational, scenic, historic, and tourist advantages and attractions of the state at large;
2847          (f) encourage and assist in the coordination of the activities of persons, firms,
2848     associations, corporations, travel regions, counties, and governmental agencies engaged in

2849     publicizing, developing, and promoting the scenic attractions and tourist advantages of the
2850     state;
2851          (g) conduct a regular and ongoing research program to identify statewide economic
2852     trends and conditions in the tourism sector of the economy; and
2853          (h) ensure that any plan or program developed under this Subsection (3) addresses, but
2854     not be limited to, the following policies:
2855          (i) enhancing the state's image;
2856          (ii) promoting the state as a year-round destination;
2857          (iii) encouraging expenditures by visitors to the state; and
2858          (iv) expanding the markets where the state is promoted.
2859          Section 69. Section 63N-7-103 is repealed and reenacted to read:
2860          63N-7-103. Annual report.
2861          The executive director shall include, in the annual written report described in Section
2862     63N-1a-306, a report from the managing director on the activities of the tourism office,
2863     including information regarding the economic efficiency of the advertising and branding
2864     campaigns conducted under Section 63N-7-102.
2865          Section 70. Section 63N-7-104 is enacted to read:
2866          63N-7-104. Agreements with other governmental entities.
2867          The tourism office may enter into agreements with state or federal agencies to accept
2868     services, quarters, or facilities as a contribution in carrying out the duties and functions of the
2869     tourism office.
2870          Section 71. Section 63N-7-201 is repealed and reenacted to read:
2871     
Part 2. Board of Tourism Development

2872          63N-7-201. Board of Tourism created -- Members -- Meetings -- Expenses.
2873          (1) There is created within the tourism office the Board of Tourism Development.
2874          (2) (a) The board shall consist of 15 members appointed by the governor to four-year
2875     terms with the advice and consent of the Senate.
2876          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2877     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2878     board members are staggered so that approximately half of the board is appointed every two
2879     years.

2880          (3) The members may not serve more than two full consecutive terms unless the
2881     governor determines that an additional term is in the best interest of the state.
2882          (4) Not more than eight members of the board may be from the same political party.
2883          (5) (a) The members shall be representative of:
2884          (i) all areas of the state with six being appointed from separate geographical areas as
2885     provided in Subsection (5)(b); and
2886          (ii) a diverse mix of business ownership or executive management of tourism related
2887     industries.
2888          (b) The geographical representatives shall be appointed as follows:
2889          (i) one member from Salt Lake, Tooele, or Morgan County;
2890          (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
2891          (iii) one member from Utah, Summit, Juab, or Wasatch County;
2892          (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
2893          (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
2894          (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
2895          (c) The tourism industry representatives of ownership or executive management shall
2896     be appointed as follows:
2897          (i) one member from ownership or executive management of the lodging industry, as
2898     recommended by the lodging industry for the governor's consideration;
2899          (ii) one member from ownership or executive management of the restaurant industry,
2900     as recommended by the restaurant industry for the governor's consideration;
2901          (iii) one member from ownership or executive management of the ski industry, as
2902     recommended by the ski industry for the governor's consideration; and
2903          (iv) one member from ownership or executive management of a tourism-related
2904     transportation provider, as recommended by the tourism industry for the governor's
2905     consideration.
2906          (d) One member shall be appointed at large from ownership or executive management
2907     of business, finance, economic policy, or the academic media marketing community.
2908          (e) One member shall be appointed from the Utah Tourism Industry Association, as
2909     recommended by the association for the governor's consideration.
2910          (f) One member shall be appointed to represent the state's counties, as recommended

2911     by the Utah Association of Counties for the governor's consideration.
2912          (g) One member shall be appointed from an arts and cultural organization, as
2913     recommended by the arts and cultural community for the governor's consideration.
2914          (h) One member shall be appointed to represent the outdoor recreation industry, as
2915     recommended by the outdoor recreation industry for the governor's consideration.
2916          (i) (i) The governor may choose to disregard a recommendation made for the board
2917     members described in Subsections (5)(c), (e), and (f) through (h).
2918          (ii) The governor shall request additional recommendations if recommendations are
2919     disregarded under Subsection (5)(i)(i).
2920          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
2921     appointed for the unexpired term from the same geographic area or industry representation as
2922     the member whose office was vacated.
2923          (7) Eight members of the board constitute a quorum for conducting board business and
2924     exercising board powers.
2925          (8) The governor shall select one of the board members as chair and one of the board
2926     members as vice chair, each for a four-year term as recommended by the board for the
2927     governor's consideration.
2928          (9) A member may not receive compensation or benefits for the member's service, but
2929     may receive per diem and travel expenses in accordance with:
2930          (a) Section 63A-3-106;
2931          (b) Section 63A-3-107; and
2932          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2933          (10) The board shall meet monthly or as often as the board determines to be necessary
2934     at various locations throughout the state.
2935          (11) Members who may have a potential conflict of interest in consideration of fund
2936     allocation decisions shall identify the potential conflict prior to voting on the issue.
2937          (12) (a) The board shall determine attendance requirements for maintaining a
2938     designated board seat.
2939          (b) If a board member fails to attend according to the requirements established
2940     pursuant to Subsection (12)(a), the board member shall be replaced upon written certification
2941     from the board chair or vice chair to the governor.

2942          (c) A replacement appointed by the governor under Subsection (12)(b) shall serve for
2943     the remainder of the board member's unexpired term.
2944          (13) (a) The board's office shall be in Salt Lake City.
2945          (b) The tourism office shall provide staff support to the board.
2946          Section 72. Section 63N-7-202 is repealed and reenacted to read:
2947          63N-7-202. Board duties.
2948          (1) The board shall:
2949          (a) approve a tourism program of out-of-state advertising, marketing, and branding,
2950     taking into account the long-term strategic plan, economic trends, and opportunities for tourism
2951     development on a statewide basis, as a condition of the distribution of funds to the tourism
2952     office from:
2953          (i) the Tourism Marketing Performance Account created in Section 63N-7-301; and
2954          (ii) the Stay Another Day and Bounce Back Account created in Section 63N-2-511;
2955          (b) review tourism office programs to coordinate and integrate advertising and
2956     branding themes, which may include recreational, scenic, historic, and tourist attractions of the
2957     state, to be used in tourism office programs;
2958          (c) encourage and assist in coordinating activities of persons, firms, associations,
2959     corporations, civic groups, and governmental agencies that are engaged in publicizing,
2960     developing, and promoting the scenic attractions and tourist advantages of the state;
2961          (d) advise the tourism office in establishing a cooperative program using funds from
2962     the Tourism Marketing Performance Account created in Section 63N-7-301; and
2963          (e) advise the tourism office on the tourism office's planning, policies, and strategies
2964     and on trends and opportunities for tourism development that may exist in the various areas of
2965     the state.
2966          (2) The board may:
2967          (a) solicit and accept contributions of money, services, and facilities from any other
2968     sources, whether public or private, and shall use these funds for promoting the general interest
2969     of the state in tourism; and
2970          (b) establish subcommittees for the purpose of assisting the board in an advisory role.
2971          (3) The board may not, except as otherwise provided under Subsection (1)(a), make
2972     policy related to the management or operation of the tourism office.

2973          Section 73. Section 63N-7-301 is amended to read:
2974          63N-7-301. Tourism Marketing Performance Account.
2975          (1) There is created within the General Fund a restricted account known as the Tourism
2976     Marketing Performance Account.
2977          (2) The account shall be administered by [GOED] the tourism office for the purposes
2978     listed in [Subsection (5)] Subsections (6) through (8).
2979          (3) (a) The account shall earn interest.
2980          (b) All interest earned on account money shall be deposited into the account.
2981          (4) The account shall be funded by appropriations made to the account by the
2982     Legislature in accordance with this section.
2983          (5) The [executive] managing director [of GOED's Office of Tourism] shall use
2984     account money appropriated to [GOED] the tourism office to pay for the statewide advertising,
2985     marketing, and branding campaign for promotion of the state as conducted by [GOED] the
2986     tourism office.
2987          (6) (a) For each fiscal year [beginning on or after July 1, 2007, GOED], the tourism
2988     office shall annually allocate 10% of the account money appropriated to [GOED] the tourism
2989     office to a sports organization for advertising, marketing, branding, and promoting Utah in
2990     attracting sporting events into the state.
2991          (b) The sports organization shall:
2992          (i) provide an annual written report to [GOED] the tourism office that gives an
2993     accounting of the use of funds the sports organization receives under this Subsection (6); and
2994          (ii) promote the state and encourage economic growth in the state.
2995          [(c) For purposes of this Subsection (6), "sports organization" means an organization
2996     that:]
2997          [(i) is exempt from federal income taxation in accordance with Section 501(c)(3),
2998     Internal Revenue Code;]
2999          [(ii) maintains its principal location in the state;]
3000          [(iii) has a minimum of 15 years experience in the state hosting, fostering, and
3001     attracting major summer and winter sporting events statewide; and]
3002          [(iv) was created to foster state, regional, national, and international sports
3003     competitions in the state, to drive the state's Olympic and sports legacy, including competitions

3004     related to Olympic sports, and to promote and encourage sports tourism throughout the state,
3005     including advertising, marketing, branding, and promoting the state for the purpose of
3006     attracting sporting events in the state.]
3007          (7) Money deposited into the account shall include a legislative appropriation from the
3008     cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
3009     appropriation made by the Legislature.
3010          (8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
3011     revenues determined under this Subsection (8) shall be certified by the State Tax Commission
3012     as a set-aside for the account, and the State Tax Commission shall report the amount of the
3013     set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
3014     which shall set aside the certified amount for appropriation to the account.
3015          (b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
3016     set-aside under this Subsection (8) in each fiscal year by applying one of the following
3017     formulas: if the annual percentage change in the Consumer Price Index for All Urban
3018     Consumers, as published by the Bureau of Labor Statistics of the United States Department of
3019     Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made is:
3020          (i) greater than 3%, and if the annual percentage change in the state sales and use tax
3021     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
3022     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
3023     years before the fiscal year in which the set-aside is to be made is greater than the annual
3024     percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
3025     year in which the set-aside is to be made, then the difference between the annual percentage
3026     change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
3027     goods and services and the annual percentage change in the Consumer Price Index shall be
3028     multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
3029     sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
3030     year in which the set-aside is to be made; or
3031          (ii) 3% or less, and if the annual percentage change in the state sales and use tax
3032     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
3033     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
3034     years before the fiscal year in which the set-aside is to be made is greater than 3%, then the

3035     difference between the annual percentage change in the state sales and use tax revenues
3036     attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
3037     by an amount equal to the state sales and use tax revenues attributable to the retail sales of
3038     tourist-oriented goods and services from the fiscal year three years before the fiscal year in
3039     which the set-aside is to be made.
3040          (c) The total money appropriated to the account in a fiscal year under Subsections
3041     (8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
3042     year by more than $3,000,000.
3043          (d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
3044     collected under Subsections 59-12-103(2)(a)(i)(A) and 59-12-103(2)(c)(i).
3045          (e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
3046     are calculated by adding the following percentages of sales from each business registered with
3047     the State Tax Commission under one of the following codes of the 2012 North American
3048     Industry Classification System of the federal Executive Office of the President, Office of
3049     Management and Budget:
3050          (i) 80% of the sales from each business under NAICS Codes:
3051          (A) 532111 Passenger Car Rental;
3052          (B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;
3053          (C) 5615 Travel Arrangement and Reservation Services;
3054          (D) 7211 Traveler Accommodation; and
3055          (E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;
3056          (ii) 25% of the sales from each business under NAICS Codes:
3057          (A) 51213 Motion Picture and Video Exhibition;
3058          (B) 532292 Recreational Goods Rental;
3059          (C) 711 Performing Arts, Spectator Sports, and Related Industries;
3060          (D) 712 Museums, Historical Sites, and Similar Institutions; and
3061          (E) 713 Amusement, Gambling, and Recreation Industries;
3062          (iii) 20% of the sales from each business under NAICS Code 722 Food Services and
3063     Drinking Places;
3064          (iv) 18% of the sales from each business under NAICS Codes:
3065          (A) 447 Gasoline Stations; and

3066          (B) 81293 Parking Lots and Garages;
3067          (v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
3068     and Maintenance; and
3069          (vi) 5% of the sales from each business under NAICS Codes:
3070          (A) 445 Food and Beverage Stores;
3071          (B) 446 Health and Personal Care Stores;
3072          (C) 448 Clothing and Clothing Accessories Stores;
3073          (D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;
3074          (E) 452 General Merchandise Stores; and
3075          (F) 453 Miscellaneous Store Retailers.
3076          (9) (a) For each fiscal year, the tourism office shall allocate 20% of the funds
3077     appropriated to the Tourism Marketing and Performance Account to the cooperative program
3078     described in this Subsection (9).
3079          (b) Money allocated to the cooperative program may be awarded to cities, counties,
3080     nonprofit destination marketing organizations, and similar public entities for the purpose of
3081     supplementing money committed by these entities for advertising and promoting sites and
3082     events in the state.
3083          (c) The tourism office shall establish:
3084          (i) an application and approval process for an entity to receive a cooperative program
3085     award, including an application deadline;
3086          (ii) the criteria for awarding a cooperative program award, which shall emphasize
3087     attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
3088     the state; and
3089          (iii) eligibility, advertising, timing, and reporting requirements of an entity that
3090     receives a cooperative program award.
3091          (d) Money allocated to the cooperative program that is not used in each fiscal year shall
3092     be returned to the Tourism Marketing Performance Account.
3093          Section 74. Section 63N-19-101 is enacted to read:
3094     
CHAPTER 19. CENTER FOR INTERNATIONAL BUSINESS AND DIPLOMACY

3095          63N-19-101. Definitions.
3096          As used in this chapter, "center" means the Center for International Business and

3097     Diplomacy created in Section 63N-19-103.
3098          Section 75. Section 63N-19-102 is enacted to read:
3099          63N-19-102. Purpose.
3100          The Legislature finds and declares that fostering and developing international economic
3101     and diplomatic opportunities is a state public purpose necessary to assure the welfare of Utah's
3102     citizens, the growth of Utah's economy, and adequate employment for Utah's citizens.
3103          Section 76. Section 63N-19-103 is enacted to read:
3104          63N-19-103. Creation of Center for International Business and Diplomacy --
3105     Duties -- Rulemaking.
3106          (1) There is created within the office the Center for International Business and
3107     Diplomacy.
3108          (2) The center shall:
3109          (a) foster and support efforts to enhance international economic and diplomatic
3110     opportunities in the state;
3111          (b) provide outreach and information to businesses that could benefit from
3112     international partnerships and business opportunities;
3113          (c) coordinate with the Legislature to accommodate diplomatic visits to the state; and
3114          (d) enter into agreements with appropriate public and private sector entities,
3115     individuals, and institutions to support the center's diplomacy efforts.
3116          (3) The center may, in accordance with Title 63G, Chapter 3, Utah Administrative
3117     Rulemaking Act, make rules necessary to carry out the center's responsibilities under this
3118     chapter.
3119          Section 77. Section 63N-19-104 is enacted to read:
3120          63N-19-104. Annual report.
3121          The center shall include in the annual written report described in Section 63N-1a-306, a
3122     report of the center's operations, including:
3123          (1) the number of businesses that received assistance in utilizing international services;
3124          (2) a description of diplomatic visits to the state; and
3125          (3) recommendations regarding changes that would improve the center.
3126          Section 78. Section 72-17-101, which is renumbered from Section 63N-17-102 is
3127     renumbered and amended to read:

3128     
CHAPTER 17. UTAH BROADBAND CENTER AND ACCESS ACT

3129     
Part 1. General Provisions

3130          [63N-17-102].      72-17-101. Definitions.
3131          As used in this chapter:
3132          (1) "Broadband center" means the Utah Broadband Center created in Section
3133     [63N-17-201] 72-17-201.
3134          (2) "Eligible applicant" means:
3135          (a) a telecommunications provider or an Internet service provider;
3136          (b) a local government entity and one or more private entities, collectively, who are
3137     parties to a public-private partnership established for the purpose of expanding affordable
3138     broadband access in the state; or
3139          (c) a tribal government.
3140          (3) "Public-private partnership" means an arrangement or agreement between a
3141     government entity and one or more private persons to fund and provide for a public need
3142     through the development or operation of a public project in which the private person or persons
3143     share with the government entity the responsibility or risk of developing, owning, maintaining,
3144     financing, or operating the project.
3145          (4) "Underserved area" means an area of the state that is underserved in terms of the
3146     area's access to broadband service, as further defined by rule made by the broadband center.
3147          (5) "Unserved area" means an area of the state that is rural and unserved in terms of the
3148     area's access to broadband service, as further defined by rule made by the broadband center.
3149          Section 79. Section 72-17-201, which is renumbered from Section 63N-17-201 is
3150     renumbered and amended to read:
3151     
Part 2. Utah Broadband Center

3152          [63N-17-201].      72-17-201. Utah Broadband Center -- Creation -- Director --
3153     Duties.
3154          (1) There is created within the [office] department the Utah Broadband Center.
3155          (2) The executive director shall appoint a director of the broadband center to oversee
3156     the operations of the broadband center.
3157          (3) The broadband center shall:
3158          (a) ensure that publicly funded broadband projects continue to be publicly accessible

3159     and provide a public benefit;
3160          (b) develop a statewide digital connectivity plan;
3161          (c) carry out the duties described in Section [63N-17-202] 72-17-202; and
3162          (d) administer the Broadband Access Grant Program in accordance with Part 3,
3163     Broadband Access Grant Program.
3164          Section 80. Section 72-17-202, which is renumbered from Section 63N-17-202 is
3165     renumbered and amended to read:
3166          [63N-17-202].      72-17-202. Infrastructure and broadband coordination.
3167          (1) The broadband center shall partner with the Utah Geospatial Resource Center
3168     created in Section 63A-16-505 to collect and maintain a database and interactive map that
3169     displays economic development data statewide, including:
3170          (a) voluntarily submitted broadband availability, speeds, and other broadband data;
3171          (b) voluntarily submitted public utility data;
3172          (c) workforce data, including information regarding:
3173          (i) enterprise zones designated by the Governor's Office of Economic Opportunity
3174     under Section 63N-2-206;
3175          (ii) public institutions of higher education; and
3176          (iii) procurement technical assistance centers;
3177          (d) transportation data, which may include information regarding railway routes,
3178     commuter rail routes, airport locations, and major highways;
3179          (e) lifestyle data, which may include information regarding state parks, national parks
3180     and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
3181     and
3182          (f) other relevant economic development data as determined by the [office] department,
3183     including data provided by partner organizations.
3184          (2) The broadband center may:
3185          (a) make recommendations to state and federal agencies, local governments, the
3186     governor, and the Legislature regarding policies and initiatives that promote the development
3187     of broadband-related infrastructure in the state and help implement those policies and
3188     initiatives;
3189          (b) facilitate coordination between broadband providers and public and private entities;

3190          (c) collect and analyze data on broadband availability and usage in the state, including
3191     Internet speed, capacity, the number of unique visitors, and the availability of broadband
3192     infrastructure throughout the state;
3193          (d) create a voluntary broadband advisory committee, which shall include broadband
3194     providers and other public and private stakeholders, to solicit input on broadband-related policy
3195     guidance, best practices, and adoption strategies;
3196          (e) work with broadband providers, state and local governments, and other public and
3197     private stakeholders to facilitate and encourage the expansion and maintenance of broadband
3198     infrastructure throughout the state; and
3199          (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
3200     Procedures Act, and in accordance with federal requirements:
3201          (i) apply for federal grants;
3202          (ii) participate in federal programs; and
3203          (iii) administer federally funded broadband-related programs.
3204          Section 81. Section 72-17-301, which is renumbered from Section 63N-17-301 is
3205     renumbered and amended to read:
3206     
Part 3. Broadband Access Grant Program

3207          [63N-17-301].      72-17-301. Creation of Broadband Access Grant Program.
3208          (1) There is established a grant program known as the Broadband Access Grant
3209     Program that is administered by the broadband center in accordance with this part.
3210          (2) (a) The broadband center may award a grant under this part to an eligible applicant
3211     who submits to the broadband center an application that includes a proposed project to extend
3212     broadband service to individuals and businesses in an unserved area or an underserved area by
3213     providing last-mile connections to end users.
3214          (b) Subsection (2)(a) does not prohibit the broadband center from awarding a grant for
3215     a proposed project that also includes middle-mile elements that are necessary for the last-mile
3216     connections.
3217          (3) In awarding grants under this part, the broadband center shall:
3218          (a) based on the following criteria and in the order provided, prioritize proposed
3219     projects:
3220          (i) located in unserved areas;

3221          (ii) located in underserved areas;
3222          (iii) (A) that the eligible applicant developed after meaningful engagement with the
3223     impacted community to identify the community's needs and innovative means of providing a
3224     public benefit that addresses the community's needs; and
3225          (B) that include, as a component of the proposed project, a long-term public benefit to
3226     the impacted community developed in response to the eligible applicant's engagement with the
3227     community;
3228          (iv) located in an economically distressed area of the state, as measured by indices of
3229     unemployment, poverty, or population loss;
3230          (v) that make the greatest investment in last-mile connections;
3231          (vi) that provide higher speed broadband access to end users; and
3232          (vii) for which the eligible applicant provides at least 25% of the money needed for the
3233     proposed project, with higher priority to proposed projects for which the eligible applicant
3234     provides a greater percentage of the money needed for the proposed project; and
3235          (b) consider the impact of available funding for the proposed project from other
3236     sources, including money from matching federal grant programs.
3237          (4) The broadband center may not award a grant under this part that exceeds
3238     $7,500,000.
3239          (5) For a project that the eligible applicant cannot complete in a single fiscal year, the
3240     broadband center may distribute grant proceeds for the project over the course of the project's
3241     construction.
3242          (6) In awarding grants under this part, the broadband center shall ensure that grant
3243     funds are not used in a manner that causes competition among projects that are substantially
3244     supported by state funds, as determined in accordance with rule made by the broadband center.
3245          (7) As provided in and subject to the requirements of Title 63G, Chapter 2,
3246     Government Records Access and Management Act, a record submitted to the broadband center
3247     that contains a trade secret or confidential commercial information described in Subsection
3248     63G-2-305(2) is a protected record.
3249          Section 82. Section 72-17-302, which is renumbered from Section 63N-17-302 is
3250     renumbered and amended to read:
3251          [63N-17-302].      72-17-302. Duties of the broadband center.

3252          (1) The broadband center shall:
3253          (a) establish an application process by which an eligible applicant may apply for a
3254     grant under this part, which application shall include:
3255          (i) a declaration, signed under penalty of perjury, that the application is complete, true,
3256     and correct; and
3257          (ii) an acknowledgment that the eligible applicant is subject to audit;
3258          (b) establish a method for the broadband center to determine which eligible applicants
3259     qualify to receive a grant;
3260          (c) establish a formula to award grant funds; and
3261          (d) report the information described in Subsections (1)(a) through (c) to the director of
3262     the Division of Finance.
3263          (2) Subject to appropriation, the broadband center shall:
3264          (a) collect applications for grant funds from eligible applicants;
3265          (b) determine which applicants qualify for receiving a grant; and
3266          (c) award the grant funds in accordance with the process established under Subsection
3267     (1) and in accordance with Section [63N-17-301] 72-17-301.
3268          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3269     broadband center may make rules to administer the grant program.
3270          Section 83. Repealer.
3271          This bill repeals:
3272          Section 17-54-101, Title.
3273          Section 17-54-102, Definitions.
3274          Section 17-54-103, Rural County Grant Program.
3275          Section 53B-1-114, Coordination for education.
3276          Section 53B-1-407, Industry advisory council.
3277          Section 63N-4-201, Title.
3278          Section 63N-4-202, Definitions.
3279          Section 63N-4-203, Board authority to award a grant or loan to an eligible county
3280     -- Interest on a loan -- Eligible county proposal process -- Process for awarding a grant or
3281     loan.
3282          Section 63N-4-204, Agreement between the executive director and an eligible

3283     county -- Failure to meet or violation of a term or condition of an agreement.
3284          Section 63N-4-205, Report on amount of grants and loans, projects, and
3285     outstanding debt.
3286          Section 63N-4-601, Title.
3287          Section 63N-4-602, Definitions.
3288          Section 63N-4-603, Creation and purpose of the Rural Rapid Manufacturing
3289     Grant Program.
3290          Section 63N-4-604, Requirements for awarding a grant.
3291          Section 63N-4-701, Title.
3292          Section 63N-4-702, Definitions.
3293          Section 63N-4-703, Creation and purpose of the Rural Speculative Industrial
3294     Building Program.
3295          Section 63N-4-704, Requirements for entering into a lease.
3296          Section 63N-10-101, Title.
3297          Section 63N-17-101, Title.
3298          Section 84. Appropriation.
3299          The following sums of money are appropriated for the fiscal year beginning July 1,
3300     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
3301     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
3302     Act, the Legislature appropriates the following sums of money from the funds or accounts
3303     indicated for the use and support of the government of the state of Utah.
3304     ITEM 1
3305          To Governor's Office of Economic Opportunity - Rural Coworking and Innovation
3306     Center Grant Program
3307               From General Fund
($750,000)

3308               Schedule of Programs:
3309                    Rural Coworking and Innovation Center
3310                    Grant Program                         ($750,000)
3311     ITEM 2
3312          To Governor's Office of Economic Opportunity - Rural Employment Expansion
3313     Program

3314               From General Fund
($1,500,000)

3315               Schedule of Programs:
3316                    Rural Employment Expansion Program          ($1,500,000)
3317     ITEM 3
3318          To GFR - Rural Opportunity Fund
3319               From General Fund
$2,250,000

3320               Schedule of Programs:
3321                    Rural Opportunity Fund                    $2,250,000
3322          Section 85. Effective date.
3323          This bill takes effect on July 1, 2022.