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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
244
245 [
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 [
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
392 [
393 -- Expenses -- Quorum.
394 (1) There is created within the [
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 [
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 [
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 [
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
448 [
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 [
468
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
787 (1) Except as provided in Section [
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 [
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 [
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 [
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 [
845 A person who engages in any act of unlawful conduct, as defined in Section
846 [
847 Section 20. Section 9-23-315, which is renumbered from Section 63N-10-315 is
848 renumbered and amended to read:
849 [
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 [
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 [
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 [
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 [
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
918 [
919 As used in this [
920 (1) "Advisory committee" means the Utah Main Street Advisory Committee created in
921 Section [
922 (2) "Center" means the National Main Street Center.
923 (3) "Program" means the Utah Main Street Program created in Section [
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 [
928 (1) The Utah Main Street Program is created within the [
929 resources for the revitalization of downtown or commercial district areas of municipalities in
930 the state.
931 (2) To implement the program, the [
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 [
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 [
949 Section [
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 [
956 Membership -- Duties.
957 (1) There is created [
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 [
962 the program;
963 (b) [
964 Economic Opportunity, one of whom is involved in tourism development;
965 [
966 [
967 [
968 [
969 the Department of Workforce Services;
970 [
971 [
972 program;
973 [
974 [
975 assisting local main street programs.
976 (3) The advisory committee shall advise and make recommendations to the [
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 [
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 [
987 (5) The representative of the [
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 [
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 [
1097
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
1136 [
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 [
1155 for teachers and principals described in Section 53G-11-303.
1156 [
1157 University, Southern Utah University, Weber State University, Snow College, Utah Tech
1158 University, Utah Valley University, or Salt Lake Community College.
1159 [
1160 Schools for the Deaf and the Blind.
1161 [
1162 Section [
1163 [
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 [
1168 [
1169
1170 (10) "Talent [
1171 Alignment [
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 [
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 [
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 [
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 [
1195 Board -- Creation -- Membership -- Expenses -- Duties.
1196 (1) There is created [
1197 and Industry Alignment [
1198 (a) the state superintendent of public instruction or the superintendent's designee;
1199 (b) the commissioner [
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 [
1204 (e) the executive director of the [
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) [
1214 industries, appointed by the commission;
1215 [
1216 [
1217 [
1218 (i) one or more individual educational institutions; or
1219 (ii) education or industry professionals.
1220 (2) The [
1221 members of the talent [
1222 (3) The talent [
1223 (4) Attendance of a majority of the members of the talent [
1224 constitutes a quorum for the transaction of official talent [
1225 (5) Formal action by the talent [
1226 quorum.
1227 (6) A member of the talent [
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 [
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; [
1246 (d) coordinate with the [
1247 described in Subsection [
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 [
1260 (1) There is created [
1261 the commissioner.
1262 (2) The [
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 [
1266 (4) The talent program shall coordinate with the talent [
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 [
1279 Section 32. Section 53B-33-104, which is renumbered from Section 63N-1b-303 is
1280 renumbered and amended to read:
1281 [
1282 The talent program shall [
1283 board on the talent program's operations and recommendations [
1284
1285 apprenticeship pilot program described in Section [
1286 Section 33. Section 53B-33-105, which is renumbered from Section 63N-1b-304 is
1287 renumbered and amended to read:
1288 [
1289 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 [
1293 the Computer Science for Utah Grant Program created in Section [
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 [
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 [
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 [
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 [
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, [
1325
1326 local education agencies money appropriated for the grant program in accordance with this
1327 section.
1328 [
1329 [
1330
1331 [
1332
1333
1334 [
1335 [
1336 board [
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 [
1343 effectiveness of the local education agency in creating and implementing a local education
1344 agency computer science plan as described in Subsection [
1345 [
1346 shall submit a written computer science plan, in a form approved by the state board [
1347
1348 (a) covers at least four years;
1349 (b) addresses the recommendations of the talent [
1350 science education master plan described in Section [
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 [
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 [
1363 in consultation with the talent [
1364 63G, Chapter 3, Utah Administrative Rulemaking Act.
1365 [
1366 shall provide an annual written assessment to the state board and the talent [
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 [
1376 consultation with the talent [
1377 Chapter 3, Utah Administrative Rulemaking Act.
1378 [
1379 annual written assessment described in Subsection [
1380 (b) As a result of the review described in Subsection [
1381 (i) the state board or the talent [
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 [
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 [
1390 (1) The talent program, in collaboration with the talent [
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 [
1394 (b) the Utah system of higher education; [
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 [
1398
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 [
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 [
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 [
1463 successes, and challenges of the [
1464 programs and work-based learning programs for inclusion in the [
1465 described in Section [
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 [
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 [
1478 (1) There is created the Utah Works Program.
1479 (2) The [
1480 [
1481
1482 training for student and workforce participants that meet the needs of businesses that are
1483 creating jobs and economic growth in the state [
1484 (a) [
1485
1486 (b) the Governor's Office of Economic Opportunity; and
1487 [
1488 newly created jobs in the state[
1489 (3) In addition to the duties described in Subsection (2), the Utah Works Program may:
1490 [
1491 education agencies, and employers to create effective recruitment initiatives to attract student
1492 and workforce participants and business participants to the program;
1493 [
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 [
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 [
1501
1502
1503
1504 [
1505
1506 [
1507 [
1508
1509 [
1510
1511 [
1512
1513 [
1514 [
1515
1516 [
1517 [
1518 [
1519 [
1520 [
1521
1522 [
1523
1524 (4) The [
1525 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [
1526
1527 administration of the Utah Works Program.
1528 (5) The Utah Works Program shall annually report the following metrics to the [
1529
1530 (a) the number of participants in the program;
1531 (b) how program participants learned about or were referred to the program[
1532
1533 [
1534 [
1535 [
1536 [
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; [
1573 (v) Brownfields Fund, created in Section 19-8-120[
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 [
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 [
1662
1663 [
1664 [
1665 July 1, 2028.
1666 [
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 [
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 [
1677
1678 [
1679
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 [
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
1727
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 [
1784 Board of Economic Opportunity created in Section [
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 [
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 [
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 [
1994
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
2010 [
2011 (1) (a) There is created [
2012
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 [
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 [
2028 ensure that:
2029 (a) no more than eight members of the [
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 [
2035 board business and exercising board power.
2036 (5) The chair of the commission shall select one [
2037 [
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 [
2046
2047
2048 Section 48. Section 63N-1a-402, which is renumbered from Section 63N-1b-202 is
2049 renumbered and amended to read:
2050 [
2051 powers.
2052 (1) The[
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 [
2063
2064
2065 [
2066 [
2067 [
2068 [
2069 or recruitment of business, industries, and commerce in the state;
2070 [
2071 industries, and commerce in the state;
2072 [
2073 state in accordance with federal and state law;
2074 [
2075 planning priorities;
2076 [
2077 statewide rural economic development, including challenges, opportunities, best practices,
2078 policy, planning, and collaboration; and
2079 [
2080 imposed on a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees'
2081 Ethics Act.
2082 (2) The [
2083 (a) serve as an advisory board to the commission on rural economic development
2084 issues; and
2085 [
2086 [
2087
2088 [
2089
2090 [
2091 [
2092 [
2093
2094
2095 [
2096
2097
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 [
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 [
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 [
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 [
2175 or agreement entered into between the applicant and the state as provided in Section
2176 63N-3-107; and
2177 [
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 [
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 [
2228 Funding Program grants or issue loans under this part to [
2229 businesses.
2230 [
2231 [
2232 [
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 [
2237
2238
2239
2240 [
2241
2242 [
2243
2244
2245
2246 [
2247
2248
2249 [
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 [
2253
2254 (B) initially maintains [
2255
2256 within five years after issuance of the grant or loan, the applicant transfers the [
2257
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 [
2262
2263 [
2264
2265 [
2266 [
2267 level of matching funds from private and federal sources, and the potential for [
2268
2269 [
2270
2271 [
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 [
2274 Technology [
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 [
2280
2281
2282 [
2283 [
2284
2285 [
2286
2287 [
2288 [
2289 [
2290 [
2291 Section 55. Section 63N-3-801 is enacted to read:
2292
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 [
2341
2342
2343
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 [
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 [
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 [
2395 (a) review a business entity's application for a [
2396
2397 (b) ensure that a [
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 [
2402
2403 (ii) the total amount awarded in [
2404 and
2405 (iii) an evaluation of the effectiveness of the [
2406 bringing significant new employment to rural communities.
2407 [
2408 (a) authorize a [
2409 (b) audit a business entity to ensure:
2410 (i) eligibility for a [
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 [
2415 (ii) documentation or other requirements for a business entity to receive a [
2416
2417 (iii) administration of [
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 [
2423 office with an application [
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 [
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 [
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 [
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 [
2444 the office shall enter into a written agreement with the business entity that:
2445 (a) indicates the maximum [
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 [
2456
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 [
2464
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 [
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 [
2476
2477 incentive administered by the office.
2478 [
2479 [
2480
2481 [
2482
2483 [
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 [
2487 program.
2488 Section 61. Section 63N-4-801 is enacted to read:
2489
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 [
2608 (1) (a) Each rural county that seeks to obtain a grant from the office under [
2609
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 [
2619 consider gender and socioeconomic diversity.
2620 (2) Each [
2621 (a) applying for a grant under [
2622 (b) what projects should be funded by grant money provided to a rural county under
2623 [
2624 (c) preparing reporting requirements for grant money received by a rural county under
2625 [
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 [
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
2814
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
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 [
2978 listed in [
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 [
2984 account money appropriated to [
2985 marketing, and branding campaign for promotion of the state as conducted by [
2986 tourism office.
2987 (6) (a) For each fiscal year [
2988 office shall annually allocate 10% of the account money appropriated to [
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 [
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 [
2996
2997 [
2998
2999 [
3000 [
3001
3002 [
3003
3004
3005
3006
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
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
3129
3130 [
3131 As used in this chapter:
3132 (1) "Broadband center" means the Utah Broadband Center created in Section
3133 [
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
3152 [
3153 Duties.
3154 (1) There is created within the [
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 [
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 [
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 [
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
3207 [
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 [
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 [
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.