Senator Ann Millner proposes the following substitute bill:


1     
ECONOMIC AND WORKFORCE DEVELOPMENT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Ann Millner

6     

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

26     return to work programs;
27          ▸     establishes the Women in the Economy Subcommittee, formerly the Women in the
28     Economy Commission within the Department of Workforce Services, as a
29     subcommittee of the GO Utah office's Unified Economic Opportunity Commission;
30          ▸     allows the GO Utah office's Unified Economic Opportunity Commission to
31     establish working groups to assist and advise the commission;
32          ▸     allows the executive director of the GO Utah office to make rules to administer
33     certain programs established in law;
34          ▸     prohibits the GO Utah office from distributing pass through funding unless the
35     office follows the standards or criteria described in the appropriation item;
36          ▸     requires pass through funding appropriated to the GO Utah office to lapse at the end
37     of the fiscal year if the item of appropriation does not include any standards or
38     criteria for distributing the pass through funding;
39          ▸     modifies the duties of the GO Utah office's Board of Economic Opportunity,
40     formerly the Business and Economic Development Subcommittee;
41          ▸     allows the GO Utah office to issue economic development tax credits for certain
42     projects for which other tax credits are claimed;
43          ▸     modifies requirements for the GO Utah office to award grants and loans under the
44     Utah Technology Innovation Funding Program, formerly the Technology
45     Commercialization and Innovation Program;
46          ▸     establishes the Economic Assistance Grant Program within the GO Utah office, for
47     awarding grants to business entities implementing projects that promote economic
48     opportunities in the state or provide certain services in the state;
49          ▸     expands the GO Utah office's Rural Opportunity Program, formerly the Rural
50     County Grant Program, by allowing the office to award grants and loans to certain
51     counties, municipalities, and business entities;
52          ▸     requires the GO Utah office to report annually on the Rural Opportunity Program;
53          ▸     creates the Rural Opportunity Advisory Committee within the GO Utah office, for
54     advising and making recommendations to the GO Utah office on grant and loan
55     awards under the Rural Opportunity Program;
56          ▸     creates the Rural Opportunity Fund, to be used by the GO Utah office for awarding

57     grants and loans under certain rural programs;
58          ▸     creates the Utah Office of Tourism within the GO Utah office and describes the
59     duties of the office;
60          ▸     modifies the membership and duties of the GO Utah office's Board of Tourism
61     Development;
62          ▸     creates the Center for International Business and Diplomacy within the GO Utah
63     office and describes the duties of the center;
64          ▸     repeals certain education coordinating groups within the Utah System of Higher
65     Education;
66          ▸     repeals the Utah Board of Higher Education's industry advisory council;
67          ▸     repeals the GO Utah office's business development grant program for disadvantaged
68     rural communities;
69          ▸     repeals the GO Utah office's Rural Rapid Manufacturing Grant Program;
70          ▸     repeals the GO Utah office's Rural Speculative Industrial Building Program; and
71          ▸     makes technical and conforming changes.
72     Money Appropriated in this Bill:
73          This bill appropriates in fiscal year 2023:
74          ▸     to Governor's Office of Economic Opportunity - Rural Coworking and Innovation
75     Center Grant Program, as an ongoing appropriation:
76               •     from the General Fund, ($750,000); and
77          ▸     to Governor's Office of Economic Opportunity - Rural Employment Expansion
78     Program, as an ongoing appropriation:
79               •     from the General Fund, ($1,500,000).
80          This bill appropriates $2,250,000 in business-like activities in fiscal year 2023.
81     Other Special Clauses:
82          This bill provides a special effective date.
83          This bill provides coordination clauses.
84     Utah Code Sections Affected:
85     AMENDS:
86          35A-1-109, as last amended by Laws of Utah 2021, Chapters 282 and 382
87          53B-1-404, as last amended by Laws of Utah 2020, Chapters 352, 373 and renumbered

88     and amended by Laws of Utah 2020, Chapter 365 and last amended by Coordination Clause,
89     Laws of Utah 2020, Chapters 352, and 373
90          63B-1b-202, as last amended by Laws of Utah 2017, Chapter 345
91          63I-1-235, as last amended by Laws of Utah 2021, Chapters 28 and 282
92          63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
93     260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
94     of Utah 2021, Chapter 382
95          63L-2-301, as last amended by Laws of Utah 2021, Chapters 280, 282, and 382
96          63N-1a-102, as last amended by Laws of Utah 2021, Chapter 381 and renumbered and
97     amended by Laws of Utah 2021, Chapter 282
98          63N-1a-201, as enacted by Laws of Utah 2021, Chapter 282
99          63N-1a-202, as enacted by Laws of Utah 2021, Chapter 282
100          63N-1a-303, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
101     amended by Laws of Utah 2021, Chapter 282
102          63N-1a-306, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
103     amended by Laws of Utah 2021, Chapter 282
104          63N-2-104, as last amended by Laws of Utah 2021, Chapters 282, 381 and last
105     amended by Coordination Clause, Laws of Utah 2021, Chapter 282
106          63N-2-511, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
107     amended by Laws of Utah 2015, Chapter 283
108          63N-2-810, as last amended by Laws of Utah 2021, Chapter 282
109          63N-3-105, as last amended by Laws of Utah 2021, Chapter 282
110          63N-3-109, as last amended by Laws of Utah 2021, Chapter 282
111          63N-3-112, as enacted by Laws of Utah 2021, Chapter 282
112          63N-3-204, as last amended by Laws of Utah 2021, Chapter 282
113          63N-4-104, as last amended by Laws of Utah 2021, Chapter 282
114          63N-4-402, as last amended by Laws of Utah 2019, Chapters 45 and 465
115          63N-4-403, as last amended by Laws of Utah 2021, Chapter 282
116          63N-4-404, as last amended by Laws of Utah 2020, Chapter 369
117          63N-6-301, as last amended by Laws of Utah 2021, Chapter 438
118          63N-7-301, as last amended by Laws of Utah 2020, Chapter 154

119     ENACTS:
120          53B-33-109, Utah Code Annotated 1953
121          63N-1a-307, Utah Code Annotated 1953
122          63N-3-801, Utah Code Annotated 1953
123          63N-3-802, Utah Code Annotated 1953
124          63N-4-801, Utah Code Annotated 1953
125          63N-4-802, Utah Code Annotated 1953
126          63N-4-804, Utah Code Annotated 1953
127          63N-4-805, Utah Code Annotated 1953
128          63N-7-104, Utah Code Annotated 1953
129          63N-19-101, Utah Code Annotated 1953
130          63N-19-102, Utah Code Annotated 1953
131          63N-19-103, Utah Code Annotated 1953
132          63N-19-104, Utah Code Annotated 1953
133     REPEALS AND REENACTS:
134          63N-7-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
135          63N-7-102, as last amended by Laws of Utah 2020, Chapter 352
136          63N-7-103, as last amended by Laws of Utah 2020, Chapter 154
137          63N-7-201, as last amended by Laws of Utah 2021, Chapter 282
138          63N-7-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
139     RENUMBERS AND AMENDS:
140          9-23-101, (Renumbered from 63N-10-102, as last amended by Laws of Utah 2019,
141     Chapter 349)
142          9-23-201, (Renumbered from 63N-10-201, as last amended by Laws of Utah 2018,
143     Chapter 466)
144          9-23-202, (Renumbered from 63N-10-203, as renumbered and amended by Laws of
145     Utah 2015, Chapter 283)
146          9-23-204, (Renumbered from 63N-10-204, as renumbered and amended by Laws of
147     Utah 2015, Chapter 283)
148          9-23-205, (Renumbered from 63N-10-205, as renumbered and amended by Laws of
149     Utah 2015, Chapter 283)

150          9-23-301, (Renumbered from 63N-10-301, as last amended by Laws of Utah 2019,
151     Chapter 349)
152          9-23-302, (Renumbered from 63N-10-302, as renumbered and amended by Laws of
153     Utah 2015, Chapter 283)
154          9-23-303, (Renumbered from 63N-10-303, as renumbered and amended by Laws of
155     Utah 2015, Chapter 283)
156          9-23-304, (Renumbered from 63N-10-304, as renumbered and amended by Laws of
157     Utah 2015, Chapter 283)
158          9-23-305, (Renumbered from 63N-10-305, as renumbered and amended by Laws of
159     Utah 2015, Chapter 283)
160          9-23-306, (Renumbered from 63N-10-306, as renumbered and amended by Laws of
161     Utah 2015, Chapter 283)
162          9-23-307, (Renumbered from 63N-10-307, as renumbered and amended by Laws of
163     Utah 2015, Chapter 283)
164          9-23-308, (Renumbered from 63N-10-308, as renumbered and amended by Laws of
165     Utah 2015, Chapter 283)
166          9-23-309, (Renumbered from 63N-10-309, as renumbered and amended by Laws of
167     Utah 2015, Chapter 283)
168          9-23-310, (Renumbered from 63N-10-310, as renumbered and amended by Laws of
169     Utah 2015, Chapter 283)
170          9-23-311, (Renumbered from 63N-10-311, as renumbered and amended by Laws of
171     Utah 2015, Chapter 283)
172          9-23-312, (Renumbered from 63N-10-312, as renumbered and amended by Laws of
173     Utah 2015, Chapter 283)
174          9-23-313, (Renumbered from 63N-10-313, as renumbered and amended by Laws of
175     Utah 2015, Chapter 283)
176          9-23-314, (Renumbered from 63N-10-314, as renumbered and amended by Laws of
177     Utah 2015, Chapter 283)
178          9-23-315, (Renumbered from 63N-10-315, as renumbered and amended by Laws of
179     Utah 2015, Chapter 283)
180          9-23-316, (Renumbered from 63N-10-316, as renumbered and amended by Laws of

181     Utah 2015, Chapter 283)
182          9-23-317, (Renumbered from 63N-10-317, as renumbered and amended by Laws of
183     Utah 2015, Chapter 283)
184          9-23-318, (Renumbered from 63N-10-318, as renumbered and amended by Laws of
185     Utah 2015, Chapter 283)
186          9-24-101, (Renumbered from 63N-3-701, as enacted by Laws of Utah 2021, Chapter
187     407)
188          9-24-102, (Renumbered from 63N-3-702, as enacted by Laws of Utah 2021, Chapter
189     407)
190          9-24-103, (Renumbered from 63N-3-703, as enacted by Laws of Utah 2021, Chapter
191     407)
192          53B-33-101 (Effective 07/01/22), (Renumbered from 63N-1b-101 (Effective 07/01/22),
193     as last amended by Laws of Utah 2021, Second Special Session, Chapter 1)
194          53B-33-102, (Renumbered from 63N-1b-301, as renumbered and amended by Laws of
195     Utah 2021, Chapter 282)
196          53B-33-103, (Renumbered from 63N-1b-302, as renumbered and amended by Laws of
197     Utah 2021, Chapter 282)
198          53B-33-104, (Renumbered from 63N-1b-303, as renumbered and amended by Laws of
199     Utah 2021, Chapter 282)
200          53B-33-105, (Renumbered from 63N-1b-304, as renumbered and amended by Laws of
201     Utah 2021, Chapter 282)
202          53B-33-106, (Renumbered from 63N-1b-305, as renumbered and amended by Laws of
203     Utah 2021, Chapter 282)
204          53B-33-107, (Renumbered from 63N-1b-306, as renumbered and amended by Laws of
205     Utah 2021, Chapter 282)
206          53B-33-108, (Renumbered from 63N-1b-307, as last amended by Laws of Utah 2021,
207     First Special Session, Chapter 4)
208          63N-1a-401, (Renumbered from 63N-1b-201, as renumbered and amended by Laws of
209     Utah 2021, Chapter 282)
210          63N-1a-402, (Renumbered from 63N-1b-202, as renumbered and amended by Laws of
211     Utah 2021, Chapter 282)

212          63N-1b-401, (Renumbered from 35A-11-102, as last amended by Laws of Utah 2016,
213     Chapter 43)
214          63N-1b-402, (Renumbered from 35A-11-201, as enacted by Laws of Utah 2014,
215     Chapter 127)
216          63N-1b-403, (Renumbered from 35A-11-202, as enacted by Laws of Utah 2014,
217     Chapter 127)
218          63N-1b-404, (Renumbered from 35A-11-203, as last amended by Laws of Utah 2016,
219     Chapters 43, 222, and 296)
220          63N-4-803, (Renumbered from 17-54-104, as enacted by Laws of Utah 2020, Chapter
221     360)
222     REPEALS:
223          17-54-101, as enacted by Laws of Utah 2020, Chapter 360
224          17-54-102, as last amended by Laws of Utah 2021, Chapter 282
225          17-54-103, as last amended by Laws of Utah 2021, Chapter 282
226          35A-11-101, as enacted by Laws of Utah 2014, Chapter 127
227          53B-1-114, as last amended by Laws of Utah 2021, Chapters 187 and 282
228          53B-1-407, as enacted by Laws of Utah 2020, Chapter 365
229          63N-4-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
230          63N-4-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
231          63N-4-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
232          63N-4-204, as renumbered and amended by Laws of Utah 2015, Chapter 283
233          63N-4-205, as last amended by Laws of Utah 2021, Chapter 282
234          63N-4-601, as enacted by Laws of Utah 2019, Chapter 503
235          63N-4-602, as enacted by Laws of Utah 2019, Chapter 503
236          63N-4-603, as enacted by Laws of Utah 2019, Chapter 503
237          63N-4-604, as enacted by Laws of Utah 2019, Chapter 503
238          63N-4-701, as enacted by Laws of Utah 2020, Chapter 360
239          63N-4-702, as enacted by Laws of Utah 2020, Chapter 360
240          63N-4-703, as enacted by Laws of Utah 2020, Chapter 360
241          63N-4-704, as last amended by Laws of Utah 2021, Chapter 282
242          63N-10-101, as renumbered and amended by Laws of Utah 2015, Chapter 283

243     Utah Code Sections Affected by Coordination Clause:
244          63N-2-104.1, Utah Code Annotated 1953
245          63N-7-301, as last amended by Laws of Utah 2020, Chapter 154
246     

247     Be it enacted by the Legislature of the state of Utah:
248          Section 1. Section 9-23-101, which is renumbered from Section 63N-10-102 is
249     renumbered and amended to read:
250     
CHAPTER 23. PETE SUAZO UTAH ATHLETIC COMMISSION ACT

251     
Part 1. General Provisions

252          [63N-10-102].      9-23-101. Definitions.
253          As used in this chapter:
254          (1) "Bodily injury" has the same meaning as defined in Section 76-1-601.
255          (2) "Boxing" means the sport of attack and defense using the fist, which is covered by
256     an approved boxing glove.
257          (3) (a) "Club fighting" means any contest of unarmed combat, whether admission is
258     charged or not, where:
259          (i) the rules of the contest are not approved by the commission;
260          (ii) a licensed physician, osteopath, or physician assistant approved by the commission
261     is not in attendance;
262          (iii) a correct HIV negative test regarding each contestant has not been provided to the
263     commission;
264          (iv) the contest is not conducted in accordance with commission rules; or
265          (v) the contestants are not matched by the weight standards established in accordance
266     with Section [63N-10-316] 9-23-31.
267          (b) "Club fighting" does not include sparring if:
268          (i) it is conducted for training purposes;
269          (ii) no tickets are sold to spectators;
270          (iii) no concessions are available for spectators;
271          (iv) protective clothing, including protective headgear, a mouthguard, and a protective
272     cup, is worn; and
273          (v) for boxing, 16 ounce boxing gloves are worn.

274          (4) "Commission" means the Pete Suazo Utah Athletic Commission created by this
275     chapter.
276          (5) "Contest" means a live match, performance, or exhibition involving two or more
277     persons engaged in unarmed combat.
278          (6) "Contestant" means an individual who participates in a contest.
279          (7) "Designated commission member" means a member of the commission designated
280     to:
281          (a) attend and supervise a particular contest; and
282          (b) act on the behalf of the commission at a contest venue.
283          (8) "Director" means the director appointed by the commission.
284          (9) "Elimination unarmed combat contest" means a contest where:
285          (a) a number of contestants participate in a tournament;
286          (b) the duration is not more than 48 hours; and
287          (c) the loser of each contest is eliminated from further competition.
288          (10) "Exhibition" means an engagement in which the participants show or display their
289     skills without necessarily striving to win.
290          (11) "Judge" means an individual qualified by training or experience to:
291          (a) rate the performance of contestants;
292          (b) score a contest; and
293          (c) determine with other judges whether there is a winner of the contest or whether the
294     contestants performed equally, resulting in a draw.
295          (12) "Licensee" means an individual licensed by the commission to act as a:
296          (a) contestant;
297          (b) judge;
298          (c) manager;
299          (d) promoter;
300          (e) referee;
301          (f) second; or
302          (g) other official established by the commission by rule.
303          (13) "Manager" means an individual who represents a contestant for the purpose of:
304          (a) obtaining a contest for a contestant;

305          (b) negotiating terms and conditions of the contract under which the contestant will
306     engage in a contest; or
307          (c) arranging for a second for the contestant at a contest.
308          (14) "Promoter" means a person who engages in producing or staging contests and
309     promotions.
310          (15) "Promotion" means a single contest or a combination of contests that:
311          (a) occur during the same time and at the same location; and
312          (b) is produced or staged by a promoter.
313          (16) "Purse" means any money, prize, remuneration, or any other valuable
314     consideration a contestant receives or may receive for participation in a contest.
315          (17) "Referee" means an individual qualified by training or experience to act as the
316     official attending a contest at the point of contact between contestants for the purpose of:
317          (a) enforcing the rules relating to the contest;
318          (b) stopping the contest in the event the health, safety, and welfare of a contestant or
319     any other person in attendance at the contest is in jeopardy; and
320          (c) acting as a judge if so designated by the commission.
321          (18) "Round" means one of a number of individual time periods that, taken together,
322     constitute a contest during which contestants are engaged in a form of unarmed combat.
323          (19) "Second" means an individual who attends a contestant at the site of the contest
324     before, during, and after the contest in accordance with contest rules.
325          (20) "Serious bodily injury" has the same meaning as defined in Section 76-1-601.
326          (21) "Total gross receipts" means the amount of the face value of all tickets sold to a
327     particular contest plus any sums received as consideration for holding the contest at a particular
328     location.
329          (22) "Ultimate fighting" means a live contest, whether or not an admission fee is
330     charged, in which:
331          (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
332     hitting, punching, or other combative contact techniques;
333          (b) contest rules incorporate a formalized system of combative techniques against
334     which a contestant's performance is judged to determine the prevailing contestant;
335          (c) contest rules divide nonchampionship contests into three equal and specified rounds

336     of no more than five minutes per round with a rest period of one minute between each round;
337          (d) contest rules divide championship contests into five equal and specified rounds of
338     no more than five minutes per round with a rest period of one minute between each round; and
339          (e) contest rules prohibit contestants from:
340          (i) using anything that is not part of the human body, except for boxing gloves, to
341     intentionally inflict serious bodily injury upon an opponent through direct contact or the
342     expulsion of a projectile;
343          (ii) striking a person who demonstrates an inability to protect himself from the
344     advances of an opponent;
345          (iii) biting; or
346          (iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of
347     the neck, and the rear area of the head and neck.
348          (23) (a) "Unarmed combat" means boxing or any other form of competition in which a
349     blow is usually struck which may reasonably be expected to inflict bodily injury.
350          (b) "Unarmed combat" does not include a competition or exhibition between
351     participants in which the participants engage in simulated combat for entertainment purposes.
352          (24) "Unlawful conduct" means organizing, promoting, or participating in a contest
353     which involves contestants that are not licensed under this chapter.
354          (25) "Unprofessional conduct" means:
355          (a) entering into a contract for a contest in bad faith;
356          (b) participating in any sham or fake contest;
357          (c) participating in a contest pursuant to a collusive understanding or agreement in
358     which the contestant competes in or terminates the contest in a manner that is not based upon
359     honest competition or the honest exhibition of the skill of the contestant;
360          (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
361     unsportsmanlike conduct in connection with a contest;
362          (e) failing to comply with any limitation, restriction, or condition placed on a license;
363          (f) striking of a downed opponent by a contestant while the contestant remains on the
364     contestant's feet, unless the designated commission member or director has exempted the
365     contest and each contestant from the prohibition on striking a downed opponent before the start
366     of the contest;

367          (g) after entering the ring or contest area, penetrating an area within four feet of an
368     opponent by a contestant, manager, or second before the commencement of the contest; or
369          (h) as further defined by rules made by the commission under Title 63G, Chapter 3,
370     Utah Administrative Rulemaking Act.
371          (26) "White-collar contest" means a contest conducted at a training facility where no
372     alcohol is served in which:
373          (a) for boxing:
374          (i) neither contestant is or has been a licensed contestant in any state or an amateur
375     registered with USA Boxing, Inc.;
376          (ii) no cash prize, or other prize valued at greater than $35, is awarded;
377          (iii) protective clothing, including protective headgear, a mouthguard, a protective cup,
378     and for a female contestant a chestguard, is worn;
379          (iv) 16 ounce boxing gloves are worn;
380          (v) the contest is no longer than three rounds of no longer than three minutes each;
381          (vi) no winner or loser is declared or recorded; and
382          (vii) the contestants do not compete in a cage; and
383          (b) for ultimate fighting:
384          (i) neither contestant is or has been a licensed contestant in any state or an amateur
385     registered with USA Boxing, Inc.;
386          (ii) no cash prize, or other prize valued at greater than $35, is awarded;
387          (iii) protective clothing, including a protective mouthguard and a protective cup, is
388     worn;
389          (iv) downward elbow strikes are not allowed;
390          (v) a contestant is not allowed to stand and strike a downed opponent;
391          (vi) a closed-hand blow to the head is not allowed while either contestant is on the
392     ground;
393          (vii) the contest is no longer than three rounds of no longer than three minutes each;
394     and
395          (viii) no winner or loser is declared or recorded.
396          Section 2. Section 9-23-201, which is renumbered from Section 63N-10-201 is
397     renumbered and amended to read:

398     
Part 2. Pete Suazo Utah Athletic Commission

399          [63N-10-201].      9-23-201. Commission -- Creation -- Appointments -- Terms
400     -- Expenses -- Quorum.
401          (1) There is created within the [office] department the Pete Suazo Utah Athletic
402     Commission consisting of five members.
403          (2) (a) The governor shall appoint three commission members.
404          (b) The president of the Senate and the speaker of the House of Representatives shall
405     each appoint one commission member.
406          (c) The commission members may not be licensees under this chapter.
407          (3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
408     governor, president, or speaker, respectively, shall appoint each new member or reappointed
409     member to a four-year term.
410          (b) The governor shall, at the time of appointment or reappointment, adjust the length
411     of the governor's appointees' terms to ensure that the terms of members are staggered so that
412     approximately half of the commission is appointed every two years.
413          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
414     appointed for the unexpired term.
415          (d) A commission member may be removed for any reason and replaced in accordance
416     with this section by:
417          (i) the governor, for a commission member appointed by the governor;
418          (ii) the president of the Senate, for a commission member appointed by the president of
419     the Senate; or
420          (iii) the speaker of the House of Representatives, for a commission member appointed
421     by the speaker of the House of Representatives.
422          (4) (a) A majority of the commission members constitutes a quorum.
423          (b) A majority of a quorum is sufficient authority for the commission to act.
424          (5) A member may not receive compensation or benefits for the member's service, but
425     may receive per diem and travel expenses in accordance with:
426          (a) Section 63A-3-106;
427          (b) Section 63A-3-107; and
428          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

429          (6) The commission shall annually designate one of its members to serve as chair for a
430     one-year period.
431          Section 3. Section 9-23-202, which is renumbered from Section 63N-10-203 is
432     renumbered and amended to read:
433          [63N-10-203].      9-23-202. Commission director.
434          (1) The commission shall employ a director, who may not be a member of the
435     commission, to conduct the commission's business.
436          (2) The director serves at the pleasure of the commission.
437          Section 4. Section 9-23-204, which is renumbered from Section 63N-10-204 is
438     renumbered and amended to read:
439          [63N-10-204].      9-23-204. Inspectors.
440          (1) The commission may appoint one or more official representatives to be designated
441     as inspectors, who shall serve at the pleasure of the commission.
442          (2) Each inspector must receive from the commission a card authorizing that inspector
443     to act as an inspector for the commission.
444          (3) An inspector may not promote or sponsor any contest.
445          (4) Each inspector may receive a fee approved by the commission for the performance
446     of duties under this chapter.
447          Section 5. Section 9-23-205, which is renumbered from Section 63N-10-205 is
448     renumbered and amended to read:
449          [63N-10-205].      9-23-205. Affiliation with other commissions.
450          The commission may affiliate with any other state, tribal, or national boxing
451     commission or athletic authority.
452          Section 6. Section 9-23-301, which is renumbered from Section 63N-10-301 is
453     renumbered and amended to read:
454     
Part 3. Licensing

455          [63N-10-301].      9-23-301. Licensing.
456          (1) A license is required for a person to act as or to represent that the person is:
457          (a) a promoter;
458          (b) a manager;
459          (c) a contestant;

460          (d) a second;
461          (e) a referee;
462          (f) a judge; or
463          (g) another official established by the commission by rule.
464          (2) The commission shall issue to a person who qualifies under this chapter a license in
465     the classifications of:
466          (a) promoter;
467          (b) manager;
468          (c) contestant;
469          (d) second;
470          (e) referee;
471          (f) judge; or
472          (g) another official who meets the requirements established by rule under Subsection
473     (1)(g).
474          (3) All money collected under this section and Sections [63N-10-304, 63N-10-307,
475     63N-10-310, and 63N-10-313] 9-23-304, 9-23-307, 9-23-310, and 9-23-313 shall be retained
476     as dedicated credits to pay for commission expenses.
477          (4) Each applicant for licensure as a promoter shall:
478          (a) submit an application in a form prescribed by the commission;
479          (b) pay the fee determined by the commission under Section 63J-1-504;
480          (c) provide to the commission evidence of financial responsibility, which shall include
481     financial statements and other information that the commission may reasonably require to
482     determine that the applicant or licensee is able to competently perform as and meet the
483     obligations of a promoter in this state;
484          (d) make assurances that the applicant:
485          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
486     respect to the promotions the applicant is promoting;
487          (ii) has not been found in a criminal or civil proceeding to have engaged in or
488     attempted to engage in any fraud or misrepresentation in connection with a contest or any other
489     sporting event; and
490          (iii) has not been found in a criminal or civil proceeding to have violated or attempted

491     to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
492     to the regulation of contests in this state or any other jurisdiction;
493          (e) acknowledge in writing to the commission receipt, understanding, and intent to
494     comply with this chapter and the rules made under this chapter; and
495          (f) if requested by the commission or the director, meet with the commission or the
496     director to examine the applicant's qualifications for licensure.
497          (5) Each applicant for licensure as a contestant shall:
498          (a) be not less than 18 years of age at the time the application is submitted to the
499     commission;
500          (b) submit an application in a form prescribed by the commission;
501          (c) pay the fee established by the commission under Section 63J-1-504;
502          (d) provide a certificate of physical examination, dated not more than 60 days prior to
503     the date of application for licensure, in a form provided by the commission, completed by a
504     licensed physician and surgeon or physician assistant certifying that the applicant is free from
505     any physical or mental condition that indicates the applicant should not engage in activity as a
506     contestant;
507          (e) make assurances that the applicant:
508          (i) is not engaging in illegal gambling with respect to sporting events or gambling with
509     respect to a contest in which the applicant will participate;
510          (ii) has not been found in a criminal or civil proceeding to have engaged in or
511     attempted to have engaged in any fraud or misrepresentation in connection with a contest or
512     any other sporting event; and
513          (iii) has not been found in a criminal or civil proceeding to have violated or attempted
514     to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
515     to the regulation of contests in this state or any other jurisdiction;
516          (f) acknowledge in writing to the commission receipt, understanding, and intent to
517     comply with this chapter and the rules made under this chapter; and
518          (g) if requested by the commission or the director, meet with the commission or the
519     director to examine the applicant's qualifications for licensure.
520          (6) Each applicant for licensure as a manager or second shall:
521          (a) submit an application in a form prescribed by the commission;

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

553     director to examine the applicant's qualifications for licensure.
554          (8) The commission may make rules concerning the requirements for a license under
555     this chapter, that deny a license to an applicant for the violation of a crime that, in the
556     commission's determination, would have a material affect on the integrity of a contest held
557     under this chapter.
558          (9) (a) A licensee serves at the pleasure, and under the direction, of the commission
559     while participating in any way at a contest.
560          (b) A licensee's license may be suspended, or a fine imposed, if the licensee does not
561     follow the commission's direction at an event or contest.
562          Section 7. Section 9-23-302, which is renumbered from Section 63N-10-302 is
563     renumbered and amended to read:
564          [63N-10-302].      9-23-302. Term of license -- Expiration -- Renewal.
565          (1) The commission shall issue each license under this chapter in accordance with a
566     renewal cycle established by rule.
567          (2) At the time of renewal, the licensee shall show satisfactory evidence of compliance
568     with renewal requirements established by rule by the commission.
569          (3) Each license automatically expires on the expiration date shown on the license
570     unless the licensee renews it in accordance with the rules established by the commission.
571          Section 8. Section 9-23-303, which is renumbered from Section 63N-10-303 is
572     renumbered and amended to read:
573          [63N-10-303].      9-23-303. Grounds for denial of license -- Disciplinary
574     proceedings -- Reinstatement.
575          (1) The commission shall refuse to issue a license to an applicant and shall refuse to
576     renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of
577     a licensee who does not meet the qualifications for licensure under this chapter.
578          (2) The commission may refuse to issue a license to an applicant and may refuse to
579     renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand
580     to, or otherwise act upon the license of any licensee if:
581          (a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as
582     defined by statute or rule under this chapter;
583          (b) the applicant or licensee has been determined to be mentally incompetent for any

584     reason by a court of competent jurisdiction; or
585          (c) the applicant or licensee is unable to practice the occupation or profession with
586     reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
587     chemicals, or any other type of material, or as a result of any other mental or physical
588     condition, when the licensee's condition demonstrates a threat or potential threat to the public
589     health, safety, or welfare, as determined by a ringside physician or the commission.
590          (3) Any licensee whose license under this chapter has been suspended, revoked, or
591     restricted may apply for reinstatement of the license at reasonable intervals and upon
592     compliance with any conditions imposed upon the licensee by statute, rule, or terms of the
593     license suspension, revocation, or restriction.
594          (4) The commission may issue cease and desist orders:
595          (a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
596          (b) to any person who otherwise violates this chapter or any rules adopted under this
597     chapter.
598          (5) (a) The commission may impose an administrative fine for acts of unprofessional or
599     unlawful conduct under this chapter.
600          (b) An administrative fine under this Subsection (5) may not exceed $2,500 for each
601     separate act of unprofessional or unlawful conduct.
602          (c) The commission shall comply with Title 63G, Chapter 4, Administrative
603     Procedures Act, in any action to impose an administrative fine under this chapter.
604          (d) The imposition of a fine under this Subsection (5) does not affect any other action
605     the commission or department may take concerning a license issued under this chapter.
606          (6) (a) The commission may not take disciplinary action against any person for
607     unlawful or unprofessional conduct under this chapter, unless the commission initiates an
608     adjudicative proceeding regarding the conduct within four years after the conduct is reported to
609     the commission, except under Subsection (6)(b).
610          (b) The commission may not take disciplinary action against any person for unlawful
611     or unprofessional conduct more than 10 years after the occurrence of the conduct, unless the
612     proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
613     initiated within one year following the judgment or settlement.
614          (7) (a) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, the

615     following may immediately suspend the license of a licensee at such time and for such period
616     that the following believes is necessary to protect the health, safety, and welfare of the licensee,
617     another licensee, or the public:
618          (i) the commission;
619          (ii) a designated commission member; or
620          (iii) if a designated commission member is not present, the director.
621          (b) The commission shall establish by rule appropriate procedures to invoke the
622     suspension and to provide a suspended licensee a right to a hearing before the commission with
623     respect to the suspension within a reasonable time after the suspension.
624          Section 9. Section 9-23-304, which is renumbered from Section 63N-10-304 is
625     renumbered and amended to read:
626          [63N-10-304].      9-23-304. Additional fees for license of promoter --
627     Dedicated credits -- Promotion of contests -- Annual exemption of showcase event.
628          (1) In addition to the payment of any other fees and money due under this chapter,
629     every promoter shall pay a license fee determined by the commission and established in rule.
630          (2) License fees collected under this Subsection (2) from professional boxing contests
631     or exhibitions shall be retained by the commission as a dedicated credit to be used by the
632     commission to award grants to organizations that promote amateur boxing in the state and
633     cover commission expenses.
634          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
635     commission shall adopt rules:
636          (a) governing the manner in which applications for grants under Subsection (2) may be
637     submitted to the commission; and
638          (b) establishing standards for awarding grants under Subsection (2) to organizations
639     which promote amateur boxing in the state.
640          (4) (a) For the purpose of creating a greater interest in contests in the state, the
641     commission may exempt from the payment of license fees under this section one contest or
642     exhibition in each calendar year, intended as a showcase event.
643          (b) The commission shall select the contest or exhibition to be exempted based on
644     factors which include:
645          (i) attraction of the optimum number of spectators;

646          (ii) costs of promoting and producing the contest or exhibition;
647          (iii) ticket pricing;
648          (iv) committed promotions and advertising of the contest or exhibition;
649          (v) rankings and quality of the contestants; and
650          (vi) committed television and other media coverage of the contest or exhibition.
651          Section 10. Section 9-23-305, which is renumbered from Section 63N-10-305 is
652     renumbered and amended to read:
653          [63N-10-305].      9-23-305. Jurisdiction of commission.
654          (1) (a) The commission has the sole authority concerning direction, management,
655     control, and jurisdiction over all contests or exhibitions of unarmed combat to be conducted,
656     held, or given within this state.
657          (b) A contest or exhibition may not be conducted, held, or given within this state
658     except in accordance with this chapter.
659          (2) Any contest involving a form of unarmed self-defense must be conducted pursuant
660     to rules for that form which are approved by the commission before the contest is conducted,
661     held, or given.
662          (3) (a) An area not less than six feet from the perimeter of the ring shall be reserved for
663     the use of:
664          (i) the designated commission member;
665          (ii) other commission members in attendance;
666          (iii) the director;
667          (iv) commission employees;
668          (v) officials;
669          (vi) licensees participating or assisting in the contest; and
670          (vii) others granted credentials by the commission.
671          (b) The promoter shall provide security at the direction of the commission or
672     designated commission member to secure the area described in Subsection (3)(a).
673          (4) The area described in Subsection (3), the area in the dressing rooms, and other
674     areas considered necessary by the designated commission member for the safety and welfare of
675     a licensee and the public shall be reserved for the use of:
676          (a) the designated commission member;

677          (b) other commission members in attendance;
678          (c) the director;
679          (d) commission employees;
680          (e) officials;
681          (f) licensees participating or assisting in the contest; and
682          (g) others granted credentials by the commission.
683          (5) The promoter shall provide security at the direction of the commission or
684     designated commission member to secure the areas described in Subsections (3) and (4).
685          (6) (a) The designated commission member may direct the removal from the contest
686     venue and premises, of any individual whose actions:
687          (i) are disruptive to the safe conduct of the contest; or
688          (ii) pose a danger to the safety and welfare of the licensees, the commission, or the
689     public, as determined by the designated commission member.
690          (b) The promoter shall provide security at the direction of the commission or
691     designated commission member to effectuate a removal under Subsection (6)(a).
692          Section 11. Section 9-23-306, which is renumbered from Section 63N-10-306 is
693     renumbered and amended to read:
694          [63N-10-306].      9-23-306. Club fighting prohibited.
695          (1) Club fighting is prohibited.
696          (2) Any person who publicizes, promotes, conducts, or engages in a club fighting
697     match is:
698          (a) guilty of a class A misdemeanor as provided in Section 76-9-705; and
699          (b) subject to license revocation under this chapter.
700          Section 12. Section 9-23-307, which is renumbered from Section 63N-10-307 is
701     renumbered and amended to read:
702          [63N-10-307].      9-23-307. Approval to hold contest or promotion -- Bond
703     required.
704          (1) An application to hold a contest or multiple contests as part of a single promotion
705     shall be made by a licensed promoter to the commission on forms provided by the commission.
706          (2) The application shall be accompanied by a contest fee determined by the
707     commission under Section 63J-1-505.

708          (3) (a) The commission may approve or deny approval to hold a contest or promotion
709     permitted under this chapter.
710          (b) Provisional approval under Subsection (3)(a) shall be granted upon a determination
711     by the commission that:
712          (i) the promoter of the contest or promotion is properly licensed;
713          (ii) a bond meeting the requirements of Subsection (6) has been posted by the promoter
714     of the contest or promotion; and
715          (iii) the contest or promotion will be held in accordance with this chapter and rules
716     made under this chapter.
717          (4) (a) Final approval to hold a contest or promotion may not be granted unless the
718     commission receives, not less than seven days before the day of the contest with 10 or more
719     rounds:
720          (i) proof of a negative HIV test performed not more than 180 days before the day of the
721     contest for each contestant;
722          (ii) a copy of each contestant's federal identification card;
723          (iii) a copy of a signed contract between each contestant and the promoter for the
724     contest;
725          (iv) a statement specifying the maximum number of rounds of the contest;
726          (v) a statement specifying the site, date, and time of weigh-in; and
727          (vi) the name of the physician selected from among a list of registered and
728     commission-approved ringside physicians who shall act as ringside physician for the contest.
729          (b) Notwithstanding Subsection (4)(a), the commission may approve a contest or
730     promotion if the requirements under Subsection (4)(a) are not met because of unforeseen
731     circumstances beyond the promoter's control.
732          (5) Final approval for a contest under 10 rounds in duration may be granted as
733     determined by the commission after receiving the materials identified in Subsection (4) at a
734     time determined by the commission.
735          (6) An applicant shall post a surety bond or cashier's check with the commission in the
736     greater of $10,000 or the amount of the purse, providing for forfeiture and disbursement of the
737     proceeds if the applicant fails to comply with:
738          (a) the requirements of this chapter; or

739          (b) rules made under this chapter relating to the promotion or conduct of the contest or
740     promotion.
741          Section 13. Section 9-23-308, which is renumbered from Section 63N-10-308 is
742     renumbered and amended to read:
743          [63N-10-308].      9-23-308. Rules for the conduct of contests.
744          (1) The commission shall adopt rules in accordance with Title 63G, Chapter 3, Utah
745     Administrative Rulemaking Act, for the conduct of contests in the state.
746          (2) The rules shall include:
747          (a) authority for:
748          (i) stopping contests; and
749          (ii) impounding purses with respect to contests when there is a question with respect to
750     the contest, contestants, or any other licensee associated with the contest; and
751          (b) reasonable and necessary provisions to ensure that all obligations of a promoter
752     with respect to any promotion or contest are paid in accordance with agreements made by the
753     promoter.
754          (3) (a) The commission may, in its discretion, exempt a contest and each contestant
755     from the definition of unprofessional conduct found in Subsection [63N-10-102(25)(f)]
756     9-23-101(25)(f) after:
757          (i) a promoter requests the exemption; and
758          (ii) the commission considers relevant factors, including:
759          (A) the experience of the contestants;
760          (B) the win and loss records of each contestant;
761          (C) each contestant's level of training; and
762          (D) any other evidence relevant to the contestants' professionalism and the ability to
763     safely conduct the contest.
764          (b) The commission's hearing of a request for an exemption under this Subsection (3)
765     is an informal adjudicative proceeding under Section 63G-4-202.
766          (c) The commission's decision to grant or deny a request for an exemption under this
767     Subsection (3) is not subject to agency review under Section 63G-4-301.
768          Section 14. Section 9-23-309, which is renumbered from Section 63N-10-309 is
769     renumbered and amended to read:

770          [63N-10-309].      9-23-309. Medical examinations and drug tests.
771          (1) The commission shall adopt rules in accordance with Title 63G, Chapter 3, Utah
772     Administrative Rulemaking Act, for medical examinations and drug testing of contestants,
773     including provisions under which contestants shall:
774          (a) produce evidence based upon competent laboratory examination that they are HIV
775     negative as a condition of participating as a contestant in any contest;
776          (b) be subject to random drug testing before or after participation in a contest, and
777     sanctions, including barring participation in a contest or withholding a percentage of any purse,
778     that shall be placed against a contestant testing positive for alcohol or any other drug that in the
779     opinion of the commission is inconsistent with the safe and competent participation of that
780     contestant in a contest;
781          (c) be subject to a medical examination by the ringside physician not more than 30
782     hours before the contest to identify any physical ailment or communicable disease that, in the
783     opinion of the commission or designated commission member, are inconsistent with the safe
784     and competent participation of that contestant in the contest; and
785          (d) be subject to medical testing for communicable diseases as considered necessary by
786     the commission to protect the health, safety, and welfare of the licensees and the public.
787          (2) (a) Medical information concerning a contestant shall be provided by the contestant
788     or medical professional or laboratory.
789          (b) A promoter or manager may not provide to or receive from the commission medical
790     information concerning a contestant.
791          Section 15. Section 9-23-310, which is renumbered from Section 63N-10-310 is
792     renumbered and amended to read:
793          [63N-10-310].      9-23-310. Contests.
794          (1) Except as provided in Section [63N-10-317] 9-23-317, a licensee may not
795     participate in an unarmed combat contest within a predetermined time after another unarmed
796     combat contest, as prescribed in rules made by the commission.
797          (2) During the period of time beginning 60 minutes before the beginning of a contest,
798     the promoter shall demonstrate the promoter's compliance with the commission's security
799     requirements to all commission members present at the contest.
800          (3) The commission shall establish fees in accordance with Section 63J-1-504 to be

801     paid by a promoter for the conduct of each contest or event composed of multiple contests
802     conducted under this chapter.
803          Section 16. Section 9-23-311, which is renumbered from Section 63N-10-311 is
804     renumbered and amended to read:
805          [63N-10-311].      9-23-311. Ringside physician.
806          (1) The commission shall maintain a list of ringside physicians who hold a Doctor of
807     Medicine (MD) degree and are registered with the commission as approved to act as a ringside
808     physician and meet the requirements of Subsection (2).
809          (2) (a) The commission shall appoint a registered ringside physician to perform the
810     duties of a ringside physician at each contest held under this chapter.
811          (b) The promoter of a contest shall pay a fee determined by the commission by rule to
812     the commission for a ringside physician.
813          (3) An applicant for registration as a ringside physician shall:
814          (a) submit an application for registration;
815          (b) provide the commission with evidence of the applicant's licensure to practice
816     medicine in the state; and
817          (c) satisfy minimum qualifications established by the department by rule.
818          (4) A ringside physician at attendance at a contest:
819          (a) may stop the contest at any point if the ringside physician determines that a
820     contestant's physical condition renders the contestant unable to safely continue the contest; and
821          (b) works under the direction of the commission.
822          Section 17. Section 9-23-312, which is renumbered from Section 63N-10-312 is
823     renumbered and amended to read:
824          [63N-10-312].      9-23-312. Contracts.
825          (1) Before a contest is held, a copy of the signed contract or agreement between the
826     promoter of the contest and each contestant shall be filed with the commission.
827          (2) Approval of the contract's terms and conditions shall be obtained from the
828     commission as a condition precedent to the contest.
829          Section 18. Section 9-23-313, which is renumbered from Section 63N-10-313 is
830     renumbered and amended to read:
831          [63N-10-313].      9-23-313. Withholding of purse.

832          (1) The commission, the director, or any other agent authorized by the commission
833     may order a promoter to withhold any part of a purse or other money belonging or payable to
834     any contestant, manager, or second if, in the judgment of the commission, director, or other
835     agent:
836          (a) the contestant is not competing honestly or to the best of the contestant's skill and
837     ability or the contestant otherwise violates any rules adopted by the commission or any of the
838     provisions of this chapter; or
839          (b) the manager or second violates any rules adopted by the commission or any of the
840     provisions of this chapter.
841          (2) This section does not apply to any contestant in a wrestling exhibition who appears
842     not to be competing honestly or to the best of the contestant's skill and ability.
843          (3) Upon the withholding of any part of a purse or other money pursuant to this section,
844     the commission shall immediately schedule a hearing on the matter, provide adequate notice to
845     all interested parties, and dispose of the matter as promptly as possible.
846          (4) If it is determined that a contestant, manager, or second is not entitled to any part of
847     that person's share of the purse or other money, the promoter shall pay the money over to the
848     commission.
849          Section 19. Section 9-23-314, which is renumbered from Section 63N-10-314 is
850     renumbered and amended to read:
851          [63N-10-314].      9-23-314. Penalty for unlawful conduct.
852          A person who engages in any act of unlawful conduct, as defined in Section
853     [63N-10-102] 9-23-101, is guilty of a class A misdemeanor.
854          Section 20. Section 9-23-315, which is renumbered from Section 63N-10-315 is
855     renumbered and amended to read:
856          [63N-10-315].      9-23-315. Exemptions.
857          This chapter does not apply to:
858          (1) any amateur contest or exhibition of unarmed combat conducted by or participated
859     in exclusively by:
860          (a) a school accredited by the [Utah] Board of Education;
861          (b) a college or university accredited by the United States Department of Education; or
862          (c) any association or organization of a school, college, or university described in

863     Subsections (1)(a) and (b), when each participant in the contests or exhibitions is a bona fide
864     student in the school, college, or university;
865          (2) any contest or exhibition of unarmed combat conducted in accordance with the
866     standards and regulations of USA Boxing, Inc.; or
867          (3) a white-collar contest.
868          Section 21. Section 9-23-316, which is renumbered from Section 63N-10-316 is
869     renumbered and amended to read:
870          [63N-10-316].      9-23-316. Contest weights and classes -- Matching
871     contestants.
872          (1) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
873     Administrative Rulemaking Act, establishing boxing contest weights and classes consistent
874     with those adopted by the Association of Boxing Commissions.
875          (2) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
876     Administrative Rulemaking Act, establishing contest weights and classes for unarmed combat
877     that is not boxing.
878          (3) (a) As to any unarmed combat contest, a contestant may not fight another contestant
879     who is outside of the contestant's weight classification.
880          (b) Notwithstanding Subsection (3)(a), the commission may permit a contestant to
881     fight another contestant who is outside of the contestant's weight classification.
882          (4) Except as provided in Subsection (3)(b), as to any unarmed combat contest:
883          (a) a contestant who has contracted to participate in a given weight class may not be
884     permitted to compete if the contestant is not within that weight class at the weigh-in; and
885          (b) a contestant may have two hours to attempt to gain or lose not more than three
886     pounds in order to be reweighed.
887          (5) (a) As to any unarmed combat contest, the commission may not allow a contest in
888     which the contestants are not fairly matched.
889          (b) Factors in determining if contestants are fairly matched include:
890          (i) the win-loss record of the contestants;
891          (ii) the weight differential between the contestants;
892          (iii) the caliber of opponents for each contestant;
893          (iv) each contestant's number of fights; and

894          (v) previous suspensions or disciplinary actions of the contestants.
895          Section 22. Section 9-23-317, which is renumbered from Section 63N-10-317 is
896     renumbered and amended to read:
897          [63N-10-317].      9-23-317. Elimination contests -- Conduct of contests --
898     Applicability of provisions -- Limitations on license -- Duration of contests -- Equipment
899     -- Limitations on contests.
900          (1) An elimination unarmed combat contest shall be conducted under the supervision
901     and authority of the commission.
902          (2) Except as otherwise provided in this section and except as otherwise provided by
903     specific statute, the provisions of this chapter pertaining to boxing apply to an elimination
904     unarmed combat contest.
905          (3) (a) All contests in an elimination unarmed combat contest shall be no more than
906     three rounds in duration.
907          (b) A round of unarmed combat in an elimination unarmed combat contest shall:
908          (i) be no more than one minute in duration; or
909          (ii) be up to three minutes in duration if there is only a single round.
910          (c) A period of rest following a round shall be no more than one minute in duration.
911          (4) A contestant:
912          (a) shall wear gloves approved by the commission; and
913          (b) shall wear headgear approved by the commission, the designated commission
914     member, or the director if a designated commission member is not present.
915          (5) A contestant may participate in more than one contest, but may not participate in
916     more than a total of seven rounds in the entire tournament.
917          Section 23. Section 9-23-318, which is renumbered from Section 63N-10-318 is
918     renumbered and amended to read:
919          [63N-10-318].      9-23-318. Commission rulemaking.
920          The commission may make rules governing the conduct of a contest held under this
921     chapter to protect the health and safety of licensees and members of the public.
922          Section 24. Section 9-24-101, which is renumbered from Section 63N-3-701 is
923     renumbered and amended to read:
924     
CHAPTER 24. UTAH MAIN STREET PROGRAM ACT


925          [63N-3-701].      9-24-101. Definitions.
926          As used in this [part] chapter:
927          (1) "Advisory committee" means the Utah Main Street Advisory Committee created in
928     Section [63N-3-703] 9-24-103.
929          (2) "Center" means the National Main Street Center.
930          (3) "Program" means the Utah Main Street Program created in Section [63N-3-702]
931     9-24-102.
932          Section 25. Section 9-24-102, which is renumbered from Section 63N-3-702 is
933     renumbered and amended to read:
934          [63N-3-702].      9-24-102. Utah Main Street Program.
935          (1) The Utah Main Street Program is created within the [office] department to provide
936     resources for the revitalization of downtown or commercial district areas of municipalities in
937     the state.
938          (2) To implement the program, the [office] department may:
939          (a) become a member of the National Main Street Center and partner with the center to
940     become the statewide coordinating program for participating municipalities in the state;
941          (b) establish criteria for the designation of one or more local main street programs
942     administered by a county or municipality in the state;
943          (c) consider the recommendations of the advisory committee in designating and
944     implementing local main street programs;
945          (d) provide training and technical assistance to local governments, businesses, property
946     owners, or other organizations that participate in designated local main street programs;
947          (e) subject to appropriations from the Legislature or other funding, provide financial
948     assistance to designated local main street programs; and
949          (f) under the direction of the executive director, appoint full-time staff.
950          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
951     [office] department may make rules establishing the eligibility and reporting criteria for a
952     downtown area to receive a local main street program designation, including requirements for:
953          (a) local government support of the local main street program; and
954          (b) collecting data to measure economic development impact.
955          (4) The [office] department shall include in the annual written report described in

956     Section [63N-1a-306] 9-1-208, a report of the program's operations and details of which
957     municipalities have received:
958          (a) a local main street program designation; and
959          (b) financial support from the program.
960          Section 26. Section 9-24-103, which is renumbered from Section 63N-3-703 is
961     renumbered and amended to read:
962          [63N-3-703].      9-24-103. Main Street Program Advisory Committee --
963     Membership -- Duties.
964          (1) There is created [in] within the [office] department the Main Street Program
965     Advisory Committee.
966          (2) The advisory committee is composed of the following members appointed by the
967     executive director:
968          (a) a representative of the [office] department who provides administrative oversight of
969     the program;
970          (b) [a representative of the office] two representatives of the Governor's Office of
971     Economic Opportunity, one of whom is involved in tourism development;
972          [(c) a representative of the Department of Cultural and Community Engagement;]
973          [(d)] (c) a representative of the State Historic Preservation Office;
974          [(e)] (d) a representative of the [Utah] Department of Transportation;
975          [(f)] (e) a representative of the Housing and Community Development Division within
976     the Department of Workforce Services;
977          [(g)] (f) a representative from a local association of governments;
978          [(h)] (g) a representative from the private sector involved in a local main street
979     program;
980          [(i)] (h) a representative of a local main street program; and
981          [(j)] (i) three representatives from various entities that have an interest or expertise in
982     assisting local main street programs.
983          (3) The advisory committee shall advise and make recommendations to the [office]
984     department regarding:
985          (a) the eligibility of applicants for designation as a local main street program;
986          (b) financial assistance requests from designated local main street programs; and

987          (c) improving the effectiveness of the program.
988          (4) (a) Except as provided under Subsection (4)(b), each member of the advisory
989     committee appointed under Subsections [(2)(g)] (2)(f) through [(j)] (i) shall be appointed for a
990     four-year term.
991          (b) The executive director, at the time of appointment or reappointment, may adjust the
992     length of terms to ensure that the terms of approximately half of the members of the advisory
993     committee appointed under Subsections [(2)(g)] (2)(f) through [(j)] (i) end every two years.
994          (5) The representative of the [office] department appointed under Subsection (2)(a)
995     shall serve as chair of the advisory committee.
996          (6) When a vacancy occurs in the membership for any reason, the executive director
997     shall appoint a replacement member.
998          (7) A majority of the advisory committee constitutes a quorum for the purpose of
999     conducting advisory committee business and the action of a majority of a quorum constitutes
1000     the action of the advisory committee.
1001          (8) A member may not receive compensation or benefits for the member's service, but
1002     a member may receive per diem and travel expenses in accordance with:
1003          (a) Section 63A-3-106;
1004          (b) Section 63A-3-107; and
1005          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1006     63A-3-107.
1007          Section 27. Section 35A-1-109 is amended to read:
1008          35A-1-109. Annual report -- Content -- Format.
1009          (1) The department shall prepare and submit to the governor and the Legislature, by
1010     October 1 of each year, an annual written report of the operations, activities, programs, and
1011     services of the department, including its divisions, offices, boards, commissions, councils, and
1012     committees, for the preceding fiscal year.
1013          (2) For each operation, activity, program, or service provided by the department, the
1014     annual report shall include:
1015          (a) a description of the operation, activity, program, or service;
1016          (b) data and metrics:
1017          (i) selected and used by the department to measure progress, performance,

1018     effectiveness, and scope of the operation, activity, program, or service, including summary
1019     data; and
1020          (ii) that are consistent and comparable for each state operation, activity, program, or
1021     service that primarily involves employment training or placement as determined by the
1022     executive [directors of the department, the Governor's Office of Economic Opportunity]
1023     director, the commissioner of higher education, and the executive director of the Governor's
1024     Office of Planning and Budget;
1025          (c) budget data, including the amount and source of funding, expenses, and allocation
1026     of full-time employees for the operation, activity, program, or service;
1027          (d) historical data from previous years for comparison with data reported under
1028     Subsections (2)(b) and (c);
1029          (e) goals, challenges, and achievements related to the operation, activity, program, or
1030     service;
1031          (f) relevant federal and state statutory references and requirements;
1032          (g) contact information of officials knowledgeable and responsible for each operation,
1033     activity, program, or service; and
1034          (h) other information determined by the department that:
1035          (i) may be needed, useful, or of historical significance; or
1036          (ii) promotes accountability and transparency for each operation, activity, program, or
1037     service with the public and elected officials.
1038          (3) The annual report shall be designed to provide clear, accurate, and accessible
1039     information to the public, the governor, and the Legislature.
1040          (4) The department shall:
1041          (a) submit the annual report in accordance with Section 68-3-14;
1042          (b) make the annual report, and previous annual reports, accessible to the public by
1043     placing a link to the reports on the department's website; and
1044          (c) provide the data and metrics described in Subsection (2)(b) to the Talent,
1045     Education, and Industry Alignment [Subcommittee] Board created in Section [63N-1b-301]
1046     53B-33-102.
1047          Section 28. Section 53B-1-404 is amended to read:
1048          53B-1-404. Membership of the board -- Student appointee -- Terms -- Oath --

1049     Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation --
1050     Training.
1051          (1) The board consists of 18 residents of the state appointed by the governor with the
1052     advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies,
1053     as follows:
1054          (a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among
1055     candidates presented to the governor by a nominating committee; and
1056          (b) two student members appointed as described in Subsection (4).
1057          (2) (a) For an appointment of a member effective July 1, 2020, the governor shall
1058     appoint the member in accordance with Section 53B-1-501.
1059          (b) Unless appointed by the governor as described in Section 53B-1-501, the term of
1060     each individual who is a member of the State Board of Regents on May 12, 2020, expires on
1061     June 30, 2020.
1062          (3) If the governor is not satisfied with a sufficient number of the candidates presented
1063     by the nominating committee to make the required number of appointments, the governor may
1064     request that the committee nominate additional candidates.
1065          (4) (a) For the appointments described in Subsection (1)(b), the governor shall appoint:
1066          (i) one individual who is enrolled in a certificate program at a technical college at the
1067     time of the appointment; and
1068          (ii) one individual who:
1069          (A) is a fully matriculated student enrolled in a degree-granting institution; and
1070          (B) is not serving as a student body president at the time of the nomination.
1071          (b) The governor shall select:
1072          (i) an appointee described in Subsection (4)(a)(i) from among three nominees,
1073     presented to the governor by a committee consisting of eight students, one from each technical
1074     college, each of whom is recognized by the student's technical college; and
1075          (ii) an appointee described in Subsection (4)(a)(ii) from among three nominees
1076     presented to the governor by the student body presidents of degree-granting institutions.
1077          (c) An appointee described in Subsection (4)(a) is not subject to the public comment
1078     process described in Section 63G-24-204.
1079          (5) (a) All appointments to the board shall be made on a nonpartisan basis.

1080          (b) An individual may not serve simultaneously on the board and an institution board
1081     of trustees.
1082          (6) (a) (i) Except as provided in Subsection (6)(a)(ii) and Section 53B-1-501, members
1083     shall be appointed to six-year staggered terms, each of which begins on July 1 of the year of
1084     appointment.
1085          (ii) A member described in Subsection (1)(b) shall be appointed to a one-year term.
1086          (b) (i) A member described in Subsection (1)(a) may serve up to two consecutive full
1087     terms.
1088          (ii) The governor may appoint a member described in Subsection (1)(a) to a second
1089     consecutive full term without a recommendation from the nominating committee.
1090          (iii) A member described in Subsection (1)(b) may not serve more than one full term.
1091          (c) (i) The governor may remove a member for cause.
1092          (ii) The governor shall consult with the president of the Senate before removing a
1093     member.
1094          (7) (a) A member shall take the official oath of office before entering upon the duties of
1095     office.
1096          (b) The oath shall be filed with the Division of Archives and Records Services.
1097          (8) The board shall elect a chair and vice chair from among the board's members who
1098     shall serve terms of two years and until their successors are chosen and qualified.
1099          (9) (a) The board shall appoint a secretary from the commissioner's staff to serve at the
1100     board's discretion.
1101          (b) The secretary is a full-time employee.
1102          (c) The secretary shall record and maintain a record of all board meetings and perform
1103     other duties as the board directs.
1104          (10) (a) The board may establish advisory committees [in addition to the advisory
1105     council described in Section 53B-1-407].
1106          (b) All matters requiring board determination shall be addressed in a properly
1107     convened meeting of the board or the board's executive committee.
1108          (11) (a) The board shall enact bylaws for the board's own government not inconsistent
1109     with the constitution or the laws of this state.
1110          (b) The board shall provide for an executive committee in the bylaws that:

1111          (i) has the full authority of the board to act upon routine matters during the interim
1112     between board meetings;
1113          (ii) may not act on nonroutine matters except under extraordinary and emergency
1114     circumstances; and
1115          (iii) shall report to the board at the board's next meeting following an action undertaken
1116     by the executive committee.
1117          (12) (a) The board shall meet regularly upon the board's own determination.
1118          (b) The board may also meet, in full or executive session, at the request of the chair,
1119     the commissioner, or at least five members of the board.
1120          (13) A quorum of the board is required to conduct the board's business and consists of
1121     10 members.
1122          (14) (a) A vacancy in the board occurring before the expiration of a member's full term
1123     shall be immediately filled through the nomination process described in Section 53B-1-406 and
1124     in this section.
1125          (b) An individual appointed under Subsection (14)(a) serves for the remainder of the
1126     unexpired term.
1127          (15) (a) (i) Subject to Subsection (15)(a)(ii), a member shall receive a daily salary for
1128     each calendar day that the member attends a board meeting that is the same as the daily salary
1129     for a member of the Legislature described in Section 36-2-3.
1130          (ii) A member may receive a salary for up to 10 calendar days per calendar year.
1131          (b) A member may receive per diem and travel expenses in accordance with:
1132          (i) Section 63A-3-106;
1133          (ii) Section 63A-3-107; and
1134          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1135     63A-3-107.
1136          (16) The commissioner shall provide to each member:
1137          (a) initial training when the member joins the board; and
1138          (b) ongoing annual training.
1139          (17) A board member shall comply with the conflict of interest provisions described in
1140     Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1141          Section 29. Section 53B-33-101 (Effective 07/01/22), which is renumbered from

1142     Section 63N-1b-101 (Effective 07/01/22) is renumbered and amended to read:
1143     
CHAPTER 33. TALENT, EDUCATION, AND INDUSTRY ALIGNMENT

1144          [63N-1b-101 (Effective 07/01/22)].      53B-33-101 (Effective
1145     07/01/22). Definitions.
1146          As used in this chapter:
1147          (1) "Apprenticeship program" means a program that:
1148          (a) combines paid on-the-job learning with formal classroom instruction to prepare
1149     students for careers; and
1150          (b) includes:
1151          (i) structured on-the-job learning for students under the supervision of a skilled
1152     employee;
1153          (ii) classroom instruction for students related to the on-the-job learning;
1154          (iii) ongoing student assessments using established competency and skills standards;
1155     and
1156          (iv) the student receiving an industry-recognized credential or degree upon completion
1157     of the program.
1158          (2) "Career and technical education region" means an economic service area created in
1159     Section 35A-2-101.
1160          (3) "Commission" means the Unified Economic Opportunity Commission created in
1161     Section 63N-1a-201.
1162          [(3)] (4) "High quality professional learning" means the professional learning standards
1163     for teachers and principals described in Section 53G-11-303.
1164          [(4)] (5) "Institution of higher education" means the University of Utah, Utah State
1165     University, Southern Utah University, Weber State University, Snow College, Utah Tech
1166     University, Utah Valley University, or Salt Lake Community College.
1167          [(5)] (6) "Local education agency" means a school district, a charter school, or the Utah
1168     Schools for the Deaf and the Blind.
1169          [(6)] (7) "Master plan" means the computer science education master plan described in
1170     Section [63N-1b-304] 53B-33-105.
1171          [(7)] (8) "Participating employer" means an employer that:
1172          (a) partners with an educational institution on a curriculum for an apprenticeship

1173     program or work-based learning program; and
1174          (b) provides an apprenticeship or work-based learning program for students.
1175          [(8)] (9) "State board" means the State Board of Education.
1176          [(9) "Talent program" means the Talent Ready Utah Program created in Section
1177     63N-1b-302.]
1178          (10) "Talent [subcommittee"] board" means the Talent, Education, and Industry
1179     Alignment [Subcommittee] Board created in Section [63N-1b-301] 53B-33-102.
1180          (11) "Talent program" means the Talent Ready Utah Program created in Section
1181     53B-33-103.
1182          (12) "Targeted industry" means an industry or group of industries targeted by the
1183     commission for economic development in the state.
1184          [(11)] (13) "Technical college" means:
1185          (a) the same as that term is defined in Section 53B-1-101.5; and
1186          (b) a degree-granting institution acting in the degree-granting institution's technical
1187     education role described in Section 53B-2a-201.
1188          [(12)] (14) (a) "Work-based learning program" means a program that combines
1189     structured and supervised learning activities with authentic work experiences and that is
1190     implemented through industry and education partnerships.
1191          (b) "Work-based learning program" includes the following objectives:
1192          (i) providing students an applied workplace experience using knowledge and skills
1193     attained in a program of study that includes an internship, externship, or work experience;
1194          (ii) providing an educational institution with objective input from a participating
1195     employer regarding the education requirements of the current workforce; and
1196          (iii) providing funding for programs that are associated with high-wage, in-demand, or
1197     emerging occupations.
1198          [(13)] (15) "Workforce programs" means education or industry programs that facilitate
1199     training the state's workforce to meet industry demand.
1200          Section 30. Section 53B-33-102, which is renumbered from Section 63N-1b-301 is
1201     renumbered and amended to read:
1202          [63N-1b-301].      53B-33-102. Talent, Education, and Industry Alignment
1203     Board -- Creation -- Membership -- Expenses -- Duties.

1204          (1) There is created [a subcommittee of the commission called] the Talent, Education,
1205     and Industry Alignment [Subcommittee] Board composed of the following members:
1206          (a) the state superintendent of public instruction or the superintendent's designee;
1207          (b) the commissioner [of higher education] or the [commissioner of higher education's]
1208     commissioner's designee;
1209          (c) the chair of the State Board of Education or the chair's designee;
1210          (d) the executive director of the Department of Workforce Services or the executive
1211     [director of the department's] director's designee;
1212          (e) the executive director of the [GO Utah office] Governor's Office of Economic
1213     Opportunity or the executive director's designee;
1214          (f) the director of the Division of Occupational and Professional Licensing or the
1215     director's designee;
1216          (g) the governor's education advisor or the advisor's designee;
1217          (h) one member of the Senate, appointed by the president of the Senate;
1218          (i) one member of the House of Representatives, appointed by the speaker of the House
1219     of Representatives;
1220          (j) the president of the Salt Lake Chamber or the president's designee;
1221          (k) [three] six representatives of private industry chosen to represent targeted
1222     industries, appointed by the commission;
1223          [(l) a representative of the technology industry chosen by the commission;]
1224          [(m)] (l) the lieutenant governor or the lieutenant governor's designee; and
1225          [(n)] (m) any additional individuals appointed by the commission who represent:
1226          (i) one or more individual educational institutions; or
1227          (ii) education or industry professionals.
1228          (2) The [commission] talent board shall select a chair and vice chair from among the
1229     members of the talent [subcommittee] board.
1230          (3) The talent [subcommittee] board shall meet at least quarterly.
1231          (4) Attendance of a majority of the members of the talent [subcommittee] board
1232     constitutes a quorum for the transaction of official talent [subcommittee] board business.
1233          (5) Formal action by the talent [subcommittee] board requires the majority vote of a
1234     quorum.

1235          (6) A member of the talent [subcommittee] board:
1236          (a) may not receive compensation or benefits for the member's service; and
1237          (b) who is not a legislator may receive per diem and travel expenses in accordance
1238     with:
1239          (i) Section 63A-3-106;
1240          (ii) Section 63A-3-107; and
1241          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1242     63A-3-107.
1243          (7) The talent [subcommittee] board shall:
1244          (a) (i) review and develop metrics to measure the progress, performance, effectiveness,
1245     and scope of any state operation, activity, program, or service that primarily involves
1246     employment training or placement; and
1247          (ii) ensure that the metrics described in Subsection (7)(a) are consistent and
1248     comparable for each state operation, activity, program, or service that primarily involves
1249     employment training or placement;
1250          (b) make recommendations to the board and the commission regarding how to better
1251     align training and education in the state with industry demand;
1252          (c) make recommendations to the board and the commission regarding how to better
1253     align technical education with current and future workforce needs; [and]
1254          (d) coordinate with the [commission] talent program to meet the responsibilities
1255     described in Subsection [63N-1b-302(4).] 53B-33-103(4);
1256          (e) develop a computer science education master plan in accordance with Section
1257     53B-33-105;
1258          (f) coordinate with the talent program to meet the responsibilities described in Section
1259     53B-33-107; and
1260          (g) administer the Utah Works Program in accordance with Section 53B-33-108.
1261          (8) Nothing in this section prohibits an individual who, on June 30, 2022, is a member
1262     of a subcommittee within the Governor's Office of Economic Opportunity known as the Talent,
1263     Education, and Industry Alignment Subcommittee from serving as a member of the talent
1264     board.
1265          Section 31. Section 53B-33-103, which is renumbered from Section 63N-1b-302 is

1266     renumbered and amended to read:
1267          [63N-1b-302].      53B-33-103. Talent Ready Utah Program.
1268          (1) There is created [within the office] the Talent Ready Utah Program administered by
1269     the commissioner.
1270          (2) The [executive director] commissioner, with the approval of the board, shall
1271     appoint a director of the talent program.
1272          (3) The director of the talent program may appoint staff with the approval of the
1273     [executive director] commissioner.
1274          (4) The talent program shall coordinate with the talent [subcommittee] board to:
1275          (a) further education and industry alignment in the state;
1276          (b) coordinate the development of new education programs that align with industry
1277     demand;
1278          (c) coordinate or partner with other state agencies to administer grant programs;
1279          (d) promote the inclusion of industry partners in education;
1280          (e) provide outreach and information to employers regarding workforce programs and
1281     initiatives;
1282          (f) develop and analyze stackable credential programs;
1283          (g) determine efficiencies among workforce providers;
1284          (h) map available workforce programs focusing on programs that successfully create
1285     high-paying jobs; and
1286          (i) support initiatives of the talent [subcommittee] board.
1287          Section 32. Section 53B-33-104, which is renumbered from Section 63N-1b-303 is
1288     renumbered and amended to read:
1289          [63N-1b-303].      53B-33-104. Talent program report to board.
1290          The talent program shall [prepare an annual report describing] annually report to the
1291     board on the talent program's operations and recommendations [for inclusion in the office's
1292     annual written report described in Section 63N-1a-306], including the results of the
1293     apprenticeship pilot program described in Section [63N-1b-306] 53B-33-107.
1294          Section 33. Section 53B-33-105, which is renumbered from Section 63N-1b-304 is
1295     renumbered and amended to read:
1296          [63N-1b-304].      53B-33-105. Computer science education master plan.

1297          The talent [subcommittee] board, in consultation with the state board and the talent
1298     program, shall develop a computer science education master plan that:
1299          (1) includes a statement of the objectives and goals of the master plan;
1300          (2) describes how the talent [subcommittee] board and the state board will administer
1301     the Computer Science for Utah Grant Program created in Section [63N-1b-305] 53B-33-106;
1302          (3) provides guidance for local education agencies in implementing computer science
1303     education opportunities for students in high school, middle school, and elementary school;
1304          (4) integrates recommendations and best practices from private and public entities that
1305     are seeking to improve and expand the opportunities for computer science education, including
1306     the Expanding Computer Education Pathways Alliance; and
1307          (5) makes recommendations to assist a local education agency in creating a local
1308     education agency computer science plan described in Subsection [63N-1b-305(7)]
1309     53B-33-106(6), including:
1310          (a) providing recommendations regarding course offerings in computer science;
1311          (b) providing recommendations regarding professional development opportunities in
1312     computer science for licensed teachers;
1313          (c) providing recommendations regarding curriculum software for computer science
1314     courses;
1315          (d) providing recommendations regarding assessment solutions to measure the learning
1316     outcomes of students in computer science courses; and
1317          (e) providing information regarding how a local education agency can receive technical
1318     support from the talent [subcommittee] board in providing computer science education
1319     opportunities for students.
1320          Section 34. Section 53B-33-106, which is renumbered from Section 63N-1b-305 is
1321     renumbered and amended to read:
1322          [63N-1b-305].      53B-33-106. Computer Science for Utah Grant Program.
1323          (1) As used in this section, "grant program" means the Computer Science for Utah
1324     Grant Program created in Subsection (2).
1325          (2) The Computer Science for Utah Grant Program is created to provide grants to
1326     eligible local education agencies for improving computer science learning outcomes and course
1327     offerings as demonstrated by:

1328          (a) the creation and implementation of a local education agency computer science plan
1329     as described in Subsection [(7)] (6); and
1330          (b) the effective implementation of approved courses and the provision of effective
1331     training opportunities for licensed teachers.
1332          (3) Subject to appropriations from the Legislature, [and subject to the approval of the
1333     talent subcommittee,] the state board, in consultation with the talent board, shall distribute to
1334     local education agencies money appropriated for the grant program in accordance with this
1335     section.
1336          [(4) The state board shall:]
1337          [(a) solicit applications from local education agency boards to receive grant money
1338     under the grant program;]
1339          [(b) make recommendations to the talent subcommittee regarding the awarding of grant
1340     money to a local education agency board on behalf of a local education agency based on the
1341     criteria described in Subsection (6); and]
1342          [(c) obtain final approval from the talent subcommittee before awarding grant money.]
1343          [(5)] (4) In administering the Computer Science for Utah Grant Program, the state
1344     board [and the office], in consultation with the talent [subcommittee] board, may make rules, in
1345     accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1346          (a) describe the form and deadlines for a grant application by a local education agency
1347     under this section; and
1348          (b) describe the reporting requirements required by a local education agency after
1349     receiving a grant under this section.
1350          [(6)] (5) In awarding a grant under Subsection (3), the state board shall consider the
1351     effectiveness of the local education agency in creating and implementing a local education
1352     agency computer science plan as described in Subsection [(7)] (6).
1353          [(7)] (6) Each local education agency that seeks a grant as described in this section
1354     shall submit a written computer science plan, in a form approved by the state board [and the
1355     talent subcommittee], that:
1356          (a) covers at least four years;
1357          (b) addresses the recommendations of the talent [subcommittee's] board's computer
1358     science education master plan described in Section [63N-1b-304] 53B-33-105;

1359          (c) identifies targets for improved computer science offerings, student learning, and
1360     licensed teacher training;
1361          (d) describes a computer science professional development program and other
1362     opportunities for high quality professional learning for licensed teachers or individuals training
1363     to become licensed teachers;
1364          (e) provides a detailed budget, communications, and reporting structure for
1365     implementing the computer science plan;
1366          (f) commits to provide one computer science course offering, approved by the talent
1367     [subcommittee] board, in every middle and high school within the local education agency;
1368          (g) commits to integrate computer science education into the curriculum of each
1369     elementary school within the local education agency; and
1370          (h) includes any other requirement established by the state board [or the office] by rule,
1371     in consultation with the talent [subcommittee] board, in accordance with this part and Title
1372     63G, Chapter 3, Utah Administrative Rulemaking Act.
1373          [(8)] (7) Each local education agency that receives a grant as described in this section
1374     shall provide an annual written assessment to the state board and the talent [subcommittee]
1375     board for each year that the local education agency receives a grant or expends grant money
1376     that includes:
1377          (a) how the grant money was used;
1378          (b) any improvements in the number and quality of computer science offerings
1379     provided by the local education agency and any increase in the number of licensed teachers
1380     providing computer science teaching to students;
1381          (c) any difficulties encountered during implementation of the local education agency's
1382     written computer science plan and steps that will be taken to address the difficulties; and
1383          (d) any other requirement established by the state board [or the office] by rule, in
1384     consultation with the talent [subcommittee] board, in accordance with this part and Title 63G,
1385     Chapter 3, Utah Administrative Rulemaking Act.
1386          [(9)] (8) (a) The state board and the talent [subcommittee] board shall review each
1387     annual written assessment described in Subsection [(8)] (7).
1388          (b) As a result of the review described in Subsection [(9)] (8)(a):
1389          (i) the state board or the talent [subcommittee] board may provide recommendations to

1390     improve the progress of the local education agency in meeting the objectives of the written
1391     computer science plan;
1392          (ii) the state board may determine not to renew or extend a grant under this section; or
1393          (iii) the state board or the talent [subcommittee] board may take other action to assist
1394     the local education agency.
1395          Section 35. Section 53B-33-107, which is renumbered from Section 63N-1b-306 is
1396     renumbered and amended to read:
1397          [63N-1b-306].      53B-33-107. Apprenticeships and work-based learning.
1398          (1) The talent program, in collaboration with the talent [subcommittee] board, may
1399     partner with one or more of the following to facilitate and encourage apprenticeship
1400     opportunities and work-based learning opportunities for Utah students:
1401          (a) the [state board] State Board of Education;
1402          (b) the Utah system of higher education; [and] or
1403          (c) a participating employer in the state.
1404          (2) Subject to appropriations from the Legislature and in accordance with the proposal
1405     process and other provisions of this section, the talent [subcommittee, with the concurrence of
1406     the executive director] board, in coordination with the talent program, may provide funding for
1407     approved apprenticeship opportunities and work-based learning opportunities.
1408          (3) To receive funding under this section, an entity described in Subsection (1) seeking
1409     to partner with the talent program shall submit a proposal through the talent program, in a form
1410     approved by the talent program and in accordance with deadlines determined by the talent
1411     program, that contains the following elements:
1412          (a) the proposal shall include:
1413          (i) a description of the proposed apprenticeship program or work-based learning
1414     program that demonstrates the program will be:
1415          (A) responsive to the workforce needs of a high demand industry or occupation; and
1416          (B) a partnership between at least one participating employer and at least one public
1417     high school, technical college, or institution of higher education;
1418          (ii) an estimate of:
1419          (A) student enrollment in the program;
1420          (B) what school credit, credentials, certifications, or other workforce attainments will

1421     be provided by the program; and
1422          (C) job-placement rates for students who complete the program;
1423          (iii) a description of any financial contributions or in-kind contributions that will be
1424     provided by each participating employer in the program;
1425          (iv) if the program would require state board approval under the provisions of Section
1426     53B-16-102, evidence that the state board has approved the program; and
1427          (v) the amount of funding requested for the program, including justification for the
1428     funding; and
1429          (b) while not required, a preference may be given to a proposal that includes:
1430          (i) a description of a stackable credentialing pathway for participating students that will
1431     be created by the program between at least two of the following:
1432          (A) a public high school;
1433          (B) a technical college; and
1434          (C) an institution of higher education; or
1435          (ii) the potential for participating students to obtain full-time employment with the
1436     participating employer upon completion of the program.
1437          (4) The talent [subcommittee] board shall review and prioritize each proposal received
1438     and determine whether the proposal should be funded, using the following criteria:
1439          (a) the quality and completeness of the elements of the proposal described in
1440     Subsection (3)(a);
1441          (b) the quality of the optional elements of the proposal described in Subsection (3)(b);
1442          (c) to what extent the proposal would expand the capacity to meet state or regional
1443     workforce needs; and
1444          (d) other relevant criteria as determined by the talent [subcommittee] board.
1445          (5) A partnership that receives funding under this section:
1446          (a) shall use the money to accomplish the proposed apprenticeship program or
1447     work-based learning program;
1448          (b) may use the money to offset a participating employer's direct operational costs
1449     associated with employing students as part of an approved apprenticeship program or
1450     work-based learning program;
1451          (c) except as provided in Subsection (5)(d), may not use the money for educational

1452     administration; and
1453          (d) may use the money to support one full-time employee within a career and technical
1454     education region if:
1455          (i) each participating local education agency, public high school, technical college, and
1456     institution of higher education agree on which entity will house the full-time employee;
1457          (ii) the full-time employee spends all of the employee's time working exclusively to
1458     develop apprentice programs or work-based learning programs; and
1459          (iii) the full-time employee is responsible for regular reporting to and receiving training
1460     from the director of the talent program.
1461          (6) The talent program shall be responsible for the administration of apprenticeship
1462     programs and work-based learning programs described in this section, including:
1463          (a) working with and providing technical assistance to the participating partners that
1464     establish apprentice programs and work-based learning programs and that receive funding
1465     under the provisions of this section;
1466          (b) establishing reporting requirements for participating partners that establish
1467     apprentice programs and work-based learning programs and that receive funding under the
1468     provisions of this section;
1469          (c) providing outreach and marketing to encourage more employers to participate; and
1470          (d) annually [providing information to the office regarding] reporting on the activities,
1471     successes, and challenges of the [center] talent program related to administering apprentice
1472     programs and work-based learning programs for inclusion in the [office's annual written] report
1473     described in Section [63N-1a-306] 53B-33-104, including:
1474          (i) specific entities that received funding under this section;
1475          (ii) the amount of funding provided to each entity; and
1476          (iii) the number of participating students in each apprentice program and work-based
1477     learning program.
1478          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1479     [and the provisions of this section,] the talent program may make rules regarding:
1480          (a) the method and deadlines for applying for funding under this section;
1481          (b) the distribution of funding under this section; and
1482          (c) the reporting requirements of each entity receiving funding under this section.

1483          Section 36. Section 53B-33-108, which is renumbered from Section 63N-1b-307 is
1484     renumbered and amended to read:
1485          [63N-1b-307].      53B-33-108. Utah Works Program.
1486          (1) There is created the Utah Works Program.
1487          (2) The [program] Utah Works Program, under the direction of the talent
1488     [subcommittee] board, shall [coordinate and] partner with the following entities [described
1489     below] to develop short-term pre-employment training and short-term early employment
1490     training for student and workforce participants that meet the needs of businesses that are
1491     creating jobs and economic growth in the state [by]:
1492          (a) [partnering with the office,] the Department of Workforce Services[, and the Utah
1493     system of higher education];
1494          (b) the Governor's Office of Economic Opportunity; and
1495          [(b) partnering with] (c) businesses that have significant hiring demands for primarily
1496     newly created jobs in the state[;].
1497          (3) In addition to the duties described in Subsection (2), the Utah Works Program may:
1498          [(c) coordinating] (a) coordinate with the Department of Workforce Services,
1499     education agencies, and employers to create effective recruitment initiatives to attract student
1500     and workforce participants and business participants to the program;
1501          [(d) coordinating] (b) coordinate with the [Utah system of higher education] board to
1502     develop educational and training resources to provide student participants in the program
1503     qualifications to be hired by business participants in the program; and
1504          [(e) coordinating] (c) coordinate with the [State Board of Education] state board and
1505     local education agencies when appropriate to develop educational and training resources to
1506     provide student participants in the program qualifications to be hired by business participants
1507     in the program.
1508          [(3) (a) Subject to appropriation, the office, in consultation with the talent
1509     subcommittee, may respond to the COVID-19 pandemic by directing financial grants to
1510     institutions of higher education described in Section 53B-2-101 to offer short-term programs
1511     to:]
1512          [(i) provide training to furloughed, laid off, dislocated, underserved, or other
1513     populations affected by COVID-19 to fill employment gaps in the state;]

1514          [(ii) provide training and education related to industry needs; and]
1515          [(iii) provide students with certificates or other recognition after completion of
1516     training.]
1517          [(b) The office shall include the following information in the annual written report
1518     described in Section 63N-1-301:]
1519          [(i) the process by which the office determines which institutions of higher education
1520     shall receive financial grants; and]
1521          [(ii) the formula for awarding financial grants.]
1522          [(c) An institution of higher education that receives grant funds under this Subsection
1523     (3):]
1524          [(i) may use grant funds for:]
1525          [(A) costs associated with developing a new program; or]
1526          [(B) costs associated with expanding an existing program; and]
1527          [(ii) shall demonstrate industry needs and opportunities for partnership with industry.]
1528          [(d) The office shall award grant funds on a rolling basis, until the earlier of funds
1529     being exhausted or June 30, 2022.]
1530          [(e) The office shall conduct outreach, including education about career guidance,
1531     training, and workforce programs, to the targeted populations.]
1532          (4) The [office] board, in consultation with the talent [subcommittee] board, may, in
1533     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [and in
1534     accordance with the provisions of this section,] make rules regarding the development and
1535     administration of the Utah Works Program.
1536          (5) The Utah Works Program shall annually report the following metrics to the [office
1537     for inclusion in the office's annual report described in Section 63N-1a-306] board:
1538          (a) the number of participants in the program;
1539          (b) how program participants learned about or were referred to the program[, including
1540     the number of participants who learned about or were referred to the program by:];
1541          [(i) the Department of Workforce Services;]
1542          [(ii) marketing efforts of the office or talent subcommittee;]
1543          [(iii) a school counselor; and]
1544          [(iv) other methods;]

1545          (c) the number of participants who have completed training offered by the program;
1546     and
1547          (d) the number of participants who have been hired by a business participating in the
1548     program.
1549          Section 37. Section 53B-33-109 is enacted to read:
1550          53B-33-109. Grants for business entities offering employee return to work
1551     programs.
1552          (1) As used in this section, "business entity" means a for-profit or nonprofit entity.
1553          (2) Subject to appropriations from the Legislature, the talent program, in consultation
1554     with the talent board, may award grants to business entities to offer innovative return to work
1555     programs for employees.
1556          (3) A business entity that receives grant funds under this section may only use grant
1557     funds for:
1558          (a) costs associated with developing a new return to work program; or
1559          (b) costs associated with expanding an existing return to work program.
1560          (4) The talent program shall include the following information in the report described
1561     in Section 53B-33-104:
1562          (a) the process by which the talent program determines which business entities shall
1563     receive grants; and
1564          (b) the formula for awarding grants.
1565          (5) The talent program shall award grant funds on a rolling basis, until the earlier of
1566     funds being exhausted or June 30, 2025.
1567          Section 38. Section 63B-1b-202 is amended to read:
1568          63B-1b-202. Custodial officer -- Powers and duties.
1569          (1) (a) There is created within the Division of Finance an officer responsible for the
1570     care, custody, safekeeping, collection, and accounting of all bonds, notes, contracts, trust
1571     documents, and other evidences of indebtedness:
1572          (i) owned or administered by the state or any of its agencies; and
1573          (ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
1574          (b) Notwithstanding Subsection (1)(a), the officer described in Subsection (1)(a) is not
1575     responsible for the care, custody, safekeeping, collection, and accounting of a bond, note,

1576     contract, trust document, or other evidence of indebtedness relating to the:
1577          (i) Agriculture Resource Development Fund, created in Section 4-18-106;
1578          (ii) Utah Rural Rehabilitation Fund, created in Section 4-19-105;
1579          (iii) Petroleum Storage Tank Trust Fund, created in Section 19-6-409;
1580          (iv) Olene Walker Housing Loan Fund, created in Section 35A-8-502; [and]
1581          (v) Brownfields Fund, created in Section 19-8-120[.]; and
1582          (vi) Rural Opportunity Fund, created in Section 63N-4-805.
1583          (2) (a) Each authorizing agency shall deliver to this officer for the officer's care,
1584     custody, safekeeping, collection, and accounting all bonds, notes, contracts, trust documents,
1585     and other evidences of indebtedness:
1586          (i) owned or administered by the state or any of its agencies; and
1587          (ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
1588          (b) This officer shall:
1589          (i) establish systems, programs, and facilities for the care, custody, safekeeping,
1590     collection, and accounting for the bonds, notes, contracts, trust documents, and other evidences
1591     of indebtedness submitted to the officer under this Subsection (2); and
1592          (ii) shall make available updated reports to each authorizing agency as to the status of
1593     loans under their authority.
1594          (3) The officer described in Section 63B-1b-201 shall deliver to the officer described in
1595     Subsection (1)(a) for the care, custody, safekeeping, collection, and accounting by the officer
1596     described in Subsection (1)(a) of all bonds, notes, contracts, trust documents, and other
1597     evidences of indebtedness closed as provided in Subsection 63B-1b-201(2)(b).
1598          Section 39. Section 63I-1-235 is amended to read:
1599          63I-1-235. Repeal dates, Title 35A.
1600          (1) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
1601     repealed July 1, 2026.
1602          (2) Section 35A-3-205, which creates the Child Care Advisory Committee, is repealed
1603     July 1, 2026.
1604          (3) Subsection 35A-4-312(5)(p), describing information that may be disclosed to the
1605     federal Wage and Hour Division, is repealed July 1, 2022.
1606          (4) Subsection 35A-4-502(5), which creates the Employment Advisory Council, is

1607     repealed July 1, 2022.
1608          (5) Title 35A, Chapter 8, Part 22, Commission on Housing Affordability, is repealed
1609     July 1, 2023.
1610          (6) Section 35A-9-501 is repealed January 1, 2023.
1611          [(7) Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
1612     January 1, 2025.]
1613          [(8)] (7) Sections 35A-13-301 and 35A-13-302, which create the Governor's
1614     Committee on Employment of People with Disabilities, are repealed July 1, 2023.
1615          [(9)] (8) Section 35A-13-303, which creates the State Rehabilitation Advisory Council,
1616     is repealed July 1, 2024.
1617          [(10)] (9) Section 35A-13-404, which creates the advisory council for the Division of
1618     Services for the Blind and Visually Impaired, is repealed July 1, 2025.
1619          [(11)] (10) Sections 35A-13-603 and 35A-13-604, which create the Interpreter
1620     Certification Board, are repealed July 1, 2026.
1621          Section 40. Section 63I-1-263 is amended to read:
1622          63I-1-263. Repeal dates, Titles 63A to 63N.
1623          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
1624          (a) Section 63A-16-102 is repealed;
1625          (b) Section 63A-16-201 is repealed; and
1626          (c) Section 63A-16-202 is repealed.
1627          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1628     improvement funding, is repealed July 1, 2024.
1629          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1630     2023.
1631          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1632     Committee, are repealed July 1, 2023.
1633          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1634     1, 2028.
1635          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1636     2025.
1637          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,

1638     2024.
1639          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
1640     repealed July 1, 2023.
1641          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
1642     July 1, 2023.
1643          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
1644     repealed July 1, 2026.
1645          (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
1646     July 1, 2025.
1647          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
1648     Advisory Board, is repealed July 1, 2026.
1649          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
1650     2025.
1651          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1652     2024.
1653          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
1654          (16) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is repealed
1655     July 1, 2026.
1656          (17) (a) Subsection 63J-1-602.1(61), relating to the Utah Statewide Radio System
1657     Restricted Account, is repealed July 1, 2022.
1658          (b) When repealing Subsection 63J-1-602.1(61), the Office of Legislative Research and
1659     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
1660     necessary changes to subsection numbering and cross references.
1661          (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
1662     Commission, is repealed July 1, 2023.
1663          (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
1664     July 1, 2022.
1665          (20) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety Commission, is
1666     repealed January 1, 2025.
1667          (21) Title [63J, Chapter 4, Part 5] 63L, Chapter 11, Part 4, Resource Development
1668     Coordinating Committee, is repealed July 1, 2027.

1669          (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on
1670     July 1, 2022:
1671          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
1672          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
1673          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
1674     January 1, 2023:
1675          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1676     repealed;
1677          (b) Section 63M-7-305, the language that states "council" is replaced with
1678     "commission";
1679          (c) Subsection 63M-7-305(1) is repealed and replaced with:
1680          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1681          (d) Subsection 63M-7-305(2) is repealed and replaced with:
1682          "(2) The commission shall:
1683          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1684     Drug-Related Offenses Reform Act; and
1685          (b) coordinate the implementation of Section 77-18-104 and related provisions in
1686     Subsections 77-18-103(2)(c) and (d).".
1687          (24) The Crime Victim Reparations and Assistance Board, created in Section
1688     63M-7-504, is repealed July 1, 2027.
1689          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1690     1, 2022.
1691          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
1692          [(27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
1693     Council, is repealed July 1, 2024.]
1694          (27) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed
1695     January 1, 2025.
1696          (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1697          (29) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
1698     1, 2028.
1699          (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed

1700     January 1, 2021.
1701          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
1702     calendar years beginning on or after January 1, 2021.
1703          (c) Notwithstanding Subsection (30)(b), an entity may carry forward a tax credit in
1704     accordance with Section 59-9-107 if:
1705          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
1706     31, 2020; and
1707          (ii) the qualified equity investment that is the basis of the tax credit is certified under
1708     Section 63N-2-603 on or before December 31, 2023.
1709          [(31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
1710     July 1, 2023.]
1711          [(32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
1712     2025.]
1713          (31) In relation to the Rural Employment Expansion Program, on July 1, 2023:
1714          (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
1715     and
1716          (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1717     Program, is repealed.
1718          (32) In relation to the Board of Tourism Development, on July 1, 2025:
1719          (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1720          (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1721     repealed and replaced with "Utah Office of Tourism";
1722          (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1723          (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
1724     approval from the Board of Tourism Development, is repealed; and
1725          (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
1726          (33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
1727     is repealed January 1, 2028.
1728          Section 41. Section 63L-2-301 is amended to read:
1729          63L-2-301. Promoting or lobbying for a federal designation within the state.
1730          (1) As used in this section:

1731          (a) "Federal designation" means the designation of a:
1732          (i) national monument;
1733          (ii) national conservation area;
1734          (iii) wilderness area or wilderness study area;
1735          (iv) area of critical environmental concern;
1736          (v) research natural area; or
1737          (vi) national recreation area.
1738          (b) (i) "Governmental entity" means:
1739          (A) a state-funded institution of higher education or public education;
1740          (B) a political subdivision of the state;
1741          (C) an office, agency, board, bureau, committee, department, advisory board, or
1742     commission that the government funds or establishes to carry out the public's business,
1743     regardless of whether the office, agency board, bureau, committee, department, advisory board,
1744     or commission is composed entirely of public officials or employees;
1745          (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
1746     undertaking as defined in Section 11-13-103;
1747          (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
1748          (F) an association as defined in Section 53G-7-1101.
1749          (ii) "Governmental entity" does not mean:
1750          (A) the School and Institutional Trust Lands Administration created in Section
1751     53C-1-201;
1752          (B) the School and Institutional Trust Lands Board of Trustees created in Section
1753     53C-1-202;
1754          (C) the Office of the Governor;
1755          (D) the Governor's Office of Planning and Budget created in Section 63J-4-201;
1756          (E) the Public Lands Policy Coordinating Office created in Section 63L-11-201;
1757          (F) the Office of Energy Development created in Section 79-6-401; or
1758          (G) the Governor's Office of Economic Opportunity created in Section 63N-1a-301[,
1759     including the Talent, Education, and Industry Alignment Subcommittee created in Section
1760     63N-1b-301].
1761          (2) (a) A governmental entity, or a person a governmental entity employs and

1762     designates as a representative, may investigate the possibility of a federal designation within
1763     the state.
1764          (b) A governmental entity that intends to advocate for a federal designation within the
1765     state shall:
1766          (i) notify the chairs of the following committees before the introduction of federal
1767     legislation:
1768          (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
1769     constituted, and the Federalism Commission; or
1770          (B) if the notice is given during a General Session, the House and Senate Natural
1771     Resources, Agriculture, and Environment Standing Committees; and
1772          (ii) upon request of the chairs, meet with the relevant committee to review the proposal.
1773          (3) This section does not apply to a political subdivision supporting a federal
1774     designation if the federal designation:
1775          (a) applies to 5,000 acres or less; and
1776          (b) has an economical or historical benefit to the political subdivision.
1777          Section 42. Section 63N-1a-102 is amended to read:
1778          63N-1a-102. Definitions.
1779          As used in this title:
1780          (1) "Baseline jobs" means the number of full-time employee positions that existed
1781     within a business entity in the state before the date on which a project related to the business
1782     entity is approved by the office or by the GO Utah board.
1783          (2) "Baseline state revenue" means the amount of state tax revenue collected from a
1784     business entity or the employees of a business entity during the year before the date on which a
1785     project related to the business entity is approved by the office or by the GO Utah board.
1786          (3) "Commission" means the Unified Economic Opportunity Commission created in
1787     Section 63N-1a-201.
1788          (4) "Economic opportunity agency" includes:
1789          (a) the Department of Workforce Services;
1790          (b) the Department of Cultural and Community Engagement;
1791          (c) the Department of Commerce;
1792          (d) the Department of Natural Resources;

1793          (e) the Office of Energy Development;
1794          (f) the State Board of Education;
1795          (g) institutions of higher education;
1796          (h) the Utah Multicultural Commission;
1797          (i) the World Trade Center Utah;
1798          (j) local government entities;
1799          (k) associations of governments;
1800          (l) the Utah League of Cities and Towns;
1801          (m) the Utah Association of Counties;
1802          (n) the Economic Development Corporation of Utah;
1803          (o) the Small Business Administration;
1804          (p) chambers of commerce;
1805          (q) industry associations;
1806          (r) small business development centers; and
1807          (s) other entities identified by the commission or the executive director.
1808          (5) "Executive director" means the executive director of the office.
1809          (6) "Full-time employee" means an employment position that is filled by an employee
1810     who works at least 30 hours per week and:
1811          (a) may include an employment position filled by more than one employee, if each
1812     employee who works less than 30 hours per week is provided benefits comparable to a
1813     full-time employee; and
1814          (b) may not include an employment position that is shifted from one jurisdiction in the
1815     state to another jurisdiction in the state.
1816          (7) "GO Utah board" means the [Business and Economic Development Subcommittee]
1817     Board of Economic Opportunity created in Section [63N-1b-202] 63N-1a-401.
1818          (8) "High paying job" means a newly created full-time employee position where the
1819     aggregate average annual gross wage of the employment position, not including health care or
1820     other paid or unpaid benefits, is:
1821          (a) at least 110% of the average wage of the county in which the employment position
1822     exists; or
1823          (b) for an employment position related to a project described in Chapter 2, Part 1,

1824     Economic Development Tax Increment Financing, and that is located within the boundary of a
1825     county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of
1826     the second class and where the municipality has a population of 10,000 or less:
1827          (i) at least 100% of the average wage of the county in which the employment position
1828     exists; or
1829          (ii) an amount determined by rule made by the office in accordance with Title 63G,
1830     Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a
1831     county experiencing economic distress.
1832          (9) (a) "Incremental job" means a full-time employment position in the state that:
1833          (i) did not exist within a business entity in the state before the beginning of a project
1834     related to the business entity; and
1835          (ii) is created in addition to the number of baseline jobs that existed within a business
1836     entity.
1837          (b) "Incremental job" includes a full-time employment position where the employee is
1838     hired:
1839          (i) directly by a business entity; or
1840          (ii) by a professional employer organization, as defined in Section 31A-40-102, on
1841     behalf of a business entity.
1842          (10) "New state revenue" means the state revenue collected from a business entity or a
1843     business entity's employees during a calendar year minus the baseline state revenue calculation.
1844          (11) "Office" or "GO Utah office" means the Governor's Office of Economic
1845     Opportunity.
1846          (12) "State revenue" means state tax liability paid by a business entity or a business
1847     entity's employees under any combination of the following provisions:
1848          (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
1849          (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
1850     Information;
1851          (c) Title 59, Chapter 10, Part 2, Trusts and Estates;
1852          (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
1853          (e) Title 59, Chapter 12, Sales and Use Tax Act.
1854          (13) "State strategic goals" means the strategic goals listed in Section 63N-1a-103.

1855          (14) "Statewide economic development strategy" means the economic development
1856     strategy developed by the commission in accordance with Section 63N-1a-202.
1857          (15) "Talent board" means the Talent, Education, and Industry Alignment Board
1858     created in Section 53B-33-102.
1859          Section 43. Section 63N-1a-201 is amended to read:
1860          63N-1a-201. Creation of commission.
1861          (1) There is created in the office the Unified Economic Opportunity Commission,
1862     established to carry out the mission described in Section 63N-1a-103 and direct the office and
1863     other appropriate entities in fulfilling the [state's] state strategic goals.
1864          (2) The commission consists of:
1865          (a) the following voting members:
1866          (i) the governor, who shall serve as the chair of the commission;
1867          (ii) the executive director, who shall serve as the vice chair of the commission;
1868          (iii) the executive director of the Department of Workforce Services;
1869          (iv) the executive director of the Department of Transportation;
1870          (v) the executive director of the Department of Natural Resources;
1871          (vi) the executive director of the Department of Commerce;
1872          (vii) the commissioner of the Department of Agriculture and Food;
1873          (viii) the executive director of the Governor's Office of Planning and Budget;
1874          (ix) the commissioner of higher education;
1875          (x) the state superintendent of public instruction;
1876          (xi) the president of the Senate or the president's designee;
1877          (xii) the speaker of the House of Representatives or the speaker's designee;
1878          (xiii) one individual who is knowledgeable about housing needs in the state, including
1879     housing density and land use, appointed by the governor;
1880          (xiv) one individual who represents the interests of urban cities, appointed by the Utah
1881     League of Cities and Towns; and
1882          (xv) one individual who represents the interests of rural counties, appointed by the
1883     Utah Association of Counties; and
1884          (b) the following non-voting members:
1885          (i) the chief executive officer of World Trade Center Utah;

1886          (ii) the chief executive officer of the Economic Development Corporation of Utah; and
1887          (iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
1888     state, appointed by the chair of the commission.
1889          (3) A majority of commission members constitutes a quorum for the purposes of
1890     conducting commission business and the action of a majority of a quorum constitutes the action
1891     of the commission.
1892          (4) The executive director of the office, or the executive director's designee, is the
1893     executive director of the commission.
1894          (5) The office shall provide:
1895          (a) office space and administrative staff support for the commission; and
1896          (b) the central leadership and coordination of the commission's efforts in the field of
1897     economic development.
1898          (6) (a) A member may not receive compensation or benefits for the member's service
1899     on the commission, but may receive per diem and travel expenses in accordance with:
1900          (i) Sections 63A-3-106 and 63A-3-107; and
1901          (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
1902     63A-3-107.
1903          (b) Compensation and expenses of a commission member who is a legislator are
1904     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1905     Expenses.
1906          Section 44. Section 63N-1a-202 is amended to read:
1907          63N-1a-202. Commission duties.
1908          (1) The commission shall:
1909          (a) develop, coordinate, and lead a comprehensive statewide economic development
1910     strategy that:
1911          (i) unifies and coordinates economic development efforts in the state;
1912          (ii) includes key performance indicators for long-term progress toward the state
1913     strategic goals;
1914          (iii) establishes reporting and accountability processes for the key performance
1915     indicators; and
1916          (iv) ensures the success of the statewide economic development strategy is shared

1917     among the urban and rural areas of the state;
1918          (b) receive feedback, input, and reports from economic opportunity agencies regarding
1919     programs related to the statewide economic development strategy;
1920          (c) develop the statewide economic strategy in view of the state water policy described
1921     in Section 73-1-21, including the state's commitment to appropriate conservation, efficient and
1922     optimal use of water resources, infrastructure development and improvement, optimal
1923     agricultural use, water quality, reasonable access to recreational activities, effective wastewater
1924     treatment, and protecting and restoring healthy ecosystems;
1925          (d) direct and facilitate changes to or recommend elimination of economic
1926     development programs to ensure alignment with the mission and vision described in Section
1927     63N-1a-103;
1928          (e) at least once every five years, identify industry clusters on which the commission
1929     recommends the state focus recruiting and expansion efforts;
1930          (f) establish strategies for the recruitment and retention of targeted industry clusters
1931     while respecting the different needs of rural and urban areas throughout the state;
1932          (g) establish strategies for supporting entrepreneurship and small business development
1933     in the state;
1934          (h) analyze the state's projected long-term population and economic growth and plan
1935     for the anticipated impacts of the projected growth in a manner that improves quality of life
1936     and is consistent with the statewide economic development strategy and state strategic goals;
1937          (i) identify gaps and potential solutions related to improving infrastructure, especially
1938     as related to the state's projected long-term population growth;
1939          (j) support the development of a prepared workforce that can support critical industries
1940     and industry clusters identified by the commission;
1941          (k) coordinate and develop strategies that assist education providers and industry to
1942     cooperate in supporting students in developing market relevant skills to meet industry needs;
1943          (l) develop strategies and plans to ensure comprehensive economic development efforts
1944     are targeted to the unique needs of rural areas of the state;
1945          (m) study the unique needs of multicultural communities throughout the state and
1946     develop household-level plans to ensure residents of the state can participate in economic
1947     opportunities in the state;

1948          (n) ensure the commission's efforts are, to the extent practicable, data-driven and
1949     evidence-based;
1950          (o) support an integrated international trade strategy for the state;
1951          (p) facilitate coordination among public, private, and nonprofit economic opportunity
1952     agencies; and
1953          (q) in performing the commission's duties, consider the recommendations of the
1954     subcommittees described in Chapter 1b, Commission Subcommittees, the GO Utah board, the
1955     talent board, and any working groups established under Subsection (2).
1956          (2) The commission may establish working groups as is deemed appropriate to assist
1957     and advise the commission on specified topics or issues related to the commission's duties.
1958          [(2)] (3) The commission shall provide a report to the office for inclusion in the office's
1959     annual written report described in Section 63N-1a-306, that includes:
1960          (a) the statewide economic development strategy;
1961          (b) a description of how the commission fulfilled the commission's statutory purposes
1962     and duties during the year, including any relevant findings;
1963          (c) the key performance indicators included in the statewide economic development
1964     strategy, including data showing the extent to which the indicators are being met; and
1965          (d) any legislative recommendations.
1966          Section 45. Section 63N-1a-303 is amended to read:
1967          63N-1a-303. Powers and duties of executive director.
1968          (1) Unless otherwise expressly provided by statute, the executive director may organize
1969     the office in any appropriate manner, including the appointment of deputy directors of the
1970     office.
1971          (2) The executive director may consolidate personnel and service functions for
1972     efficiency and economy in the office.
1973          (3) The executive director, with the approval of the governor:
1974          (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
1975     Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
1976          (b) may enter into a lawful contract or agreement with another state, a chamber of
1977     commerce organization, a service club, or a private entity; and
1978          (c) shall annually prepare and submit to the governor a budget of the office's financial

1979     requirements.
1980          (4) With the governor's approval, if a federal program requires the expenditure of state
1981     funds as a condition for the state to participate in a fund, property, or service, the executive
1982     director may expend necessary funds from money provided by the Legislature for the use of the
1983     office.
1984          (5) The executive director shall coordinate with the executive directors of the
1985     Department of Workforce Services and the Governor's Office of Planning and Budget to
1986     review data and metrics to be reported to the Legislature as described in Subsection
1987     63N-1a-306(2)(b).
1988          (6) Unless otherwise provided in this title, the executive director may make rules in
1989     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for
1990     the administration of programs established under state law.
1991          Section 46. Section 63N-1a-306 is amended to read:
1992          63N-1a-306. Annual report -- Content -- Format.
1993          (1) The office shall prepare and submit to the governor and the Legislature, by October
1994     1 of each year, an annual written report of the operations, activities, programs, and services of
1995     the office, including the divisions, sections, boards, commissions, councils, and committees
1996     established under this title, for the preceding fiscal year.
1997          (2) For each operation, activity, program, or service provided by the office, the annual
1998     report shall include:
1999          (a) a description of the operation, activity, program, or service;
2000          (b) data and metrics:
2001          (i) selected and used by the office to measure progress, performance, effectiveness, and
2002     scope of the operation, activity, program, or service, including summary data; and
2003          (ii) that are consistent and comparable for each state operation, activity, program, or
2004     service that primarily involves employment training or placement as determined by the
2005     executive directors of the office, the Department of Workforce Services, and the Governor's
2006     Office of Planning and Budget;
2007          (c) budget data, including the amount and source of funding, expenses, and allocation
2008     of full-time employees for the operation, activity, program, or service;
2009          (d) historical data from previous years for comparison with data reported under

2010     Subsections (2)(b) and (c);
2011          (e) goals, challenges, and achievements related to the operation, activity, program, or
2012     service;
2013          (f) relevant federal and state statutory references and requirements;
2014          (g) contact information of officials knowledgeable and responsible for each operation,
2015     activity, program, or service; and
2016          (h) other information determined by the office that:
2017          (i) may be needed, useful, or of historical significance; or
2018          (ii) promotes accountability and transparency for each operation, activity, program, or
2019     service with the public and elected officials.
2020          (3) The annual report shall be designed to provide clear, accurate, and accessible
2021     information to the public, the governor, and the Legislature.
2022          (4) The office shall:
2023          (a) submit the annual report in accordance with Section 68-3-14;
2024          (b) make the annual report, and previous annual reports, accessible to the public by
2025     placing a link to the reports on the office's website; and
2026          (c) provide the data and metrics described in Subsection (2)(b) to the [Talent,
2027     Education, and Industry Alignment Subcommittee created in Section 63N-1b-301] talent board.
2028          Section 47. Section 63N-1a-307 is enacted to read:
2029          63N-1a-307. Restrictions on pass through funding.
2030          (1) As used in this section:
2031          (a) "Pass through funding" means the same as that term is defined in Section
2032     63J-1-220.
2033          (b) "Recipient entity" means the same as that term is defined in Section 63J-1-220.
2034          (2) In addition to the requirements of Section 63J-1-220, the office may not distribute
2035     pass through funding to a recipient entity unless the office follows the standards or criteria
2036     established by the Legislature to distribute the pass through funding, as described in the
2037     applicable item of appropriation.
2038          (3) If an item of appropriation to the office for pass through funding does not include
2039     any standards or criteria for distributing the pass through funding, the funds shall lapse to the
2040     source fund at the end of the fiscal year, regardless of whether those funds are designated by

2041     law as nonlapsing.
2042          Section 48. Section 63N-1a-401, which is renumbered from Section 63N-1b-201 is
2043     renumbered and amended to read:
2044     
Part 4. Creation of Board of Economic Opportunity

2045          [63N-1b-201].      63N-1a-401. Creation of Board of Economic Opportunity.
2046          (1) (a) There is created [a subcommittee of the commission, called the Business and
2047     Economic Development Subcommittee] within the office the Board of Economic Opportunity,
2048     consisting of 15 members appointed by the chair of the commission, in consultation with the
2049     executive director, to four-year terms of office with the advice and consent of the Senate in
2050     accordance with Title 63G, Chapter 24, Part 2, Vacancies, [including:] at least five of whom
2051     reside in a county of the third, fourth, fifth, or sixth class.
2052          [(i) a representative from a rural association of governments;]
2053          [(ii) a rural representative of agriculture;]
2054          [(iii) a rural representative of the travel industry;]
2055          [(iv) a representative of rural utilities; and]
2056          [(v) a representative from the oil, gas, or mineral extraction industry.]
2057          (b) Notwithstanding the requirements of Subsection (1)(a), the chair of the commission
2058     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
2059     terms of board members are staggered so that approximately half of the [subcommittee] board
2060     is appointed every two years.
2061          (c) The members may not serve more than two full consecutive terms except where the
2062     chair of the commission determines that an additional term is in the best interest of the state.
2063          (2) In appointing members of the [committee] board, the chair of the commission shall
2064     ensure that:
2065          (a) no more than eight members of the [subcommittee] board are from one political
2066     party; and
2067          (b) members represent a variety of geographic areas and economic interests of the state.
2068          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
2069     appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
2070          (4) Eight members of the [subcommittee] board constitute a quorum for conducting
2071     board business and exercising board power.

2072          (5) The chair of the commission shall select one [subcommittee] board member as the
2073     [subcommittee's] board's chair and one member as the [subcommittee's] board's vice chair.
2074          (6) A member may not receive compensation or benefits for the member's service, but
2075     may receive per diem and travel expenses in accordance with:
2076          (a) Section 63A-3-106;
2077          (b) Section 63A-3-107; and
2078          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2079          (7) A member shall comply with the conflict of interest provisions described in Title
2080     63G, Chapter 24, Part 3, Conflicts of Interest.
2081          [(8) Nothing in this section prohibits an individual who, on May 4, 2021, is a member
2082     of a board within the office known as the Board of Business and Economic Development from
2083     serving as a member of the GO Utah board.]
2084          Section 49. Section 63N-1a-402, which is renumbered from Section 63N-1b-202 is
2085     renumbered and amended to read:
2086          [63N-1b-202].      63N-1a-402. Board of Economic Opportunity duties and
2087     powers.
2088          (1) The[ Business and Economic Development Subcommittee] GO Utah board shall
2089     advise and assist the [commission] office to:
2090          (a) promote and encourage the economic, commercial, financial, industrial,
2091     agricultural, and civic welfare of the state;
2092          (b) promote and encourage the development, attraction, expansion, and retention of
2093     businesses, industries, and commerce in the state;
2094          (c) support the efforts of local government and regional nonprofit economic
2095     development organizations to encourage expansion or retention of businesses, industries, and
2096     commerce in the state;
2097          (d) act to enhance the state's economy;
2098          [(e) work in conjunction with companies and individuals located or doing business in
2099     the state to secure favorable rates, fares, tolls, charges, and classification for transportation of
2100     persons or property by:]
2101          [(i) railroad;]
2102          [(ii) motor carrier; or]

2103          [(iii) other common carriers;]
2104          [(f)] (e) develop policies, priorities, and objectives regarding the assistance, retention,
2105     or recruitment of business, industries, and commerce in the state;
2106          [(g)] (f) administer programs for the assistance, retention, or recruitment of businesses,
2107     industries, and commerce in the state;
2108          [(h)] (g) ensure that economic development programs are available to all areas of the
2109     state in accordance with federal and state law;
2110          [(i)] (h) identify local, regional, and statewide rural economic development and
2111     planning priorities;
2112          [(j)] (i) understand, through study and input, issues relating to local, regional, and
2113     statewide rural economic development, including challenges, opportunities, best practices,
2114     policy, planning, and collaboration; [and]
2115          (j) make recommendations regarding loans, grants, or other assistance from the
2116     Industrial Assistance Account as provided in Section 63N-3-105; and
2117          (k) maintain ethical and conflict of interest standards consistent with those imposed on
2118     a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
2119          [(2) The subcommittee shall:]
2120          [(a) serve as an advisory board to the commission on rural economic development
2121     issues;]
2122          [(b) prepare an annual strategic plan that:]
2123          [(i) identifies rural economic development, planning, and leadership training
2124     challenges, opportunities, priorities, and objectives; and]
2125          [(ii) includes a work plan for accomplishing the objectives referred to in Subsection
2126     (1)(b)(i); and]
2127          [(c) oversee the Rural County Grant Program created in Section 17-54-103.]
2128          [(3) The subcommittee may:]
2129          [(a) in accordance with Subsection (1)(e), appear as a party litigant on behalf of an
2130     individual or a company located or doing business in the state in a proceeding before a
2131     regulatory commission of the state, another state, or the federal government; and]
2132          [(b) in consultation with the executive director, make, amend, or repeal rules for the
2133     conduct of its business consistent with this part and in accordance with Title 63G, Chapter 3,

2134     Utah Administrative Rulemaking Act.]     
2135          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2136     GO Utah board may, in consultation with the executive director, make rules for the conduct of
2137     the GO Utah board's business.
2138          Section 50. Section 63N-1b-401, which is renumbered from Section 35A-11-102 is
2139     renumbered and amended to read:
2140     
Part 4. Women in the Economy Subcommittee

2141          [35A-11-102].      63N-1b-401. Definitions.
2142          As used in this [chapter] part:
2143          [(1) "Commission" means the Women in the Economy Commission created in Section
2144     35A-11-201.]
2145          [(2)] (1) "State institution of higher education" means the same as that term is defined
2146     in Section 53B-3-102.
2147          (2) "Subcommittee" means the Women in the Economy Subcommittee created in
2148     Section 63N-1b-402.
2149          Section 51. Section 63N-1b-402, which is renumbered from Section 35A-11-201 is
2150     renumbered and amended to read:
2151          [35A-11-201].      63N-1b-402. Women in the Economy Subcommittee created.
2152          (1) There is created [within the department a commission known as the "Women in the
2153     Economy Commission."] a subcommittee of the commission called the Women in the
2154     Economy Subcommittee.
2155          (2) The [commission] subcommittee shall consist of 11 members as follows:
2156          (a) one senator appointed by the president of the Senate;
2157          (b) one senator appointed by the minority leader of the Senate;
2158          (c) one representative appointed by the speaker of the House of Representatives;
2159          (d) one representative appointed by the minority leader of the House of
2160     Representatives;
2161          (e) the executive director of the department, or the executive director's designee; and
2162          (f) six members appointed by the governor as follows:
2163          (i) a representative of a business with fewer than 50 employees that has been awarded
2164     for work flexibility or work-life balance;

2165          (ii) a representative of a business with 50 or more employees, but fewer than 500
2166     employees, that has been awarded for work flexibility or work-life balance;
2167          (iii) a representative of a business with 500 or more employees that has been awarded
2168     for work flexibility or work-life balance;
2169          (iv) an individual who has experience in demographic work and is employed by a state
2170     institution of higher education;
2171          (v) one individual from a nonprofit organization that addresses issues related to
2172     domestic violence; and
2173          (vi) one individual with managerial experience with organized labor.
2174          (3) (a) When a vacancy occurs in a position appointed by the governor under
2175     Subsection (2)(f), the governor shall appoint a person to fill the vacancy.
2176          (b) Members appointed under Subsection (2)(f) may be removed by the governor for
2177     cause.
2178          (c) A member appointed under Subsection (2)(f) shall be removed from the
2179     [commission] subcommittee and replaced by the governor if the member is absent for three
2180     consecutive meetings of the [commission] subcommittee without being excused by the chair of
2181     the [commission] subcommittee.
2182          (d) A member serves until the member's successor is appointed and qualified.
2183          (4) In appointing the members under Subsection (2)(f), the governor shall:
2184          (a) take into account the geographical makeup of the [commission] subcommittee; and
2185          (b) strive to appoint members who are knowledgeable or have an interest in issues
2186     related to women in the economy.
2187          (5) (a) The [commission] subcommittee shall select two members to serve as cochairs,
2188     one of which shall be a legislator.
2189          (b) Subject to the other provisions of this Subsection (5), the cochairs are responsible
2190     for the call and conduct of meetings.
2191          (c) The cochairs shall call and hold meetings of the [commission] subcommittee at
2192     least every two months.
2193          (d) One of the bimonthly meetings described in Subsection (5)(c) shall be held while
2194     the Legislature is convened in [its] the Legislature's annual general session.
2195          (e) One or more additional meetings may be called upon request by a majority of the

2196     [commission's] subcommittee's members.
2197          (6) (a) A majority of the members of the [commission] subcommittee constitutes a
2198     quorum.
2199          (b) The action of a majority of a quorum constitutes the action of the [commission]
2200     subcommittee.
2201          (7) (a) A member of the [commission] subcommittee described in Subsection (2)(e) or
2202     (f) may not receive compensation or benefits for the member's service, but may receive per
2203     diem and travel expenses in accordance with:
2204          (i) Section 63A-3-106;
2205          (ii) Section 63A-3-107; and
2206          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2207     63A-3-107.
2208          (b) Compensation and expenses of a member who is a legislator are governed by
2209     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
2210          (8) The [department] office shall provide staff support to the [commission]
2211     subcommittee.
2212          Section 52. Section 63N-1b-403, which is renumbered from Section 35A-11-202 is
2213     renumbered and amended to read:
2214          [35A-11-202].      63N-1b-403. Purpose -- Powers and duties of the
2215     subcommittee.
2216          (1) The [commission's] subcommittee purpose is to:
2217          (a) increase public and government understanding of the current and future impact and
2218     needs of the state's women in the economy and how those needs may be most effectively and
2219     efficiently met;
2220          (b) identify and recommend implementation of specific policies, procedures, and
2221     programs to respond to the rights, needs, and impact of women in the economy; and
2222          (c) facilitate coordination of the functions of public and private entities concerned with
2223     women in the economy.
2224          (2) The [commission] subcommittee shall:
2225          (a) facilitate the communication and coordination of public and private entities that
2226     provide services to women or protect the rights of women;

2227          (b) study, evaluate, and report on the status and effectiveness of policies, procedures,
2228     and programs that provide services to women or protect the rights of women;
2229          (c) study and evaluate the policies, procedures, and programs implemented by other
2230     states that address the needs of women in the economy or protect the rights of women;
2231          (d) facilitate and conduct the research and study of issues related to women in the
2232     economy;
2233          (e) provide a forum for public comment on issues related to women in the economy;
2234          (f) provide public information on women in the economy and the services available to
2235     women; and
2236          (g) encourage state and local governments to analyze, plan, and prepare for the impact
2237     of women in the economy on services and operations.
2238          (3) To accomplish [its] the subcommittee's duties, the [commission] subcommittee
2239     may:
2240          (a) request and receive from a state or local government agency or institution summary
2241     information relating to women in the economy, including:
2242          (i) reports;
2243          (ii) audits;
2244          (iii) projections; and
2245          (iv) statistics;
2246          (b) apply for and accept grants or donations for uses consistent with the duties of the
2247     [commission] subcommittee from public or private sources; and
2248          (c) appoint one or more [special committees] working groups to advise and assist the
2249     [commission] subcommittee.
2250          (4) Money received under Subsection (3)(b) shall be:
2251          (a) accounted for and expended in compliance with the requirements of federal and
2252     state law; and
2253          (b) continuously available to the [commission] subcommittee to carry out the
2254     [commission's] committee's duties.
2255          (5) (a) A member of a [special committee] working group described in Subsection
2256     (3)(c):
2257          (i) shall be appointed by the [commission] subcommittee;

2258          (ii) may be:
2259          (A) a member of the [commission] subcommittee; or
2260          (B) an individual from the private or public sector; and
2261          (iii) notwithstanding Section 35A-11-201, may not receive reimbursement or pay for
2262     any work done in relation to the [special committee] working group.
2263          (b) A [special committee] working group described in Subsection (3)(c) shall report to
2264     the [commission] subcommittee on the progress of the [special committee] working group.
2265          Section 53. Section 63N-1b-404, which is renumbered from Section 35A-11-203 is
2266     renumbered and amended to read:
2267          [35A-11-203].      63N-1b-404. Annual report.
2268          (1) The [commission] subcommittee shall annually prepare a report for inclusion in the
2269     [department's] office's annual written report described in Section [35A-1-109] 63N-1a-306.
2270          (2) The report described in Subsection (1) shall:
2271          (a) describe how the [commission] subcommittee fulfilled [its] the subcommittee's
2272     statutory purposes and duties during the year; and
2273          (b) contain recommendations on how the state should act to address issues relating to
2274     women in the economy.
2275          Section 54. Section 63N-2-104 is amended to read:
2276          63N-2-104. Creation of economic development zones -- Tax credits -- Assignment
2277     of tax credit.
2278          (1) The office may create an economic development zone in the state if the following
2279     requirements are satisfied:
2280          (a) the area is zoned agricultural, commercial, industrial, manufacturing, business park,
2281     research park, or other appropriate business related use in a community-approved master plan
2282     that contemplates future growth;
2283          (b) the request to create a development zone has first been approved by an appropriate
2284     local government entity; and
2285          (c) local incentives have been or will be committed to be provided within the area in
2286     accordance with the community's approved incentive policy and application process.
2287          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2288     the office shall make rules establishing the requirements for a business entity or local

2289     government entity to qualify for a tax credit for a new commercial project in a development
2290     zone under this part.
2291          (b) The office shall ensure that the requirements described in Subsection (2)(a) include
2292     the following:
2293          (i) the new commercial project is within the development zone;
2294          (ii) the new commercial project includes direct investment within the geographic
2295     boundaries of the development zone;
2296          (iii) the new commercial project brings new incremental jobs to Utah;
2297          (iv) the new commercial project includes the creation of high paying jobs in the state,
2298     significant capital investment in the state, or significant purchases from vendors, contractors, or
2299     service providers in the state, or a combination of these three economic factors;
2300          (v) the new commercial project generates new state revenues;
2301          (vi) a business entity, a local government entity, or a community reinvestment agency
2302     to which a local government entity assigns a tax credit under this section meets the
2303     requirements of Section 63N-2-105; and
2304          (vii) unless otherwise advisable in light of economic circumstances, the new
2305     commercial project relates to the industry clusters identified by the commission under Section
2306     63N-1a-202.
2307          (3) (a) The office, after consultation with the GO Utah board, may enter into a written
2308     agreement with a business entity or local government entity authorizing a tax credit to the
2309     business entity or local government entity if the business entity or local government entity
2310     meets the requirements described in this section.
2311          (b) (i) With respect to a new commercial project, the office may authorize a tax credit
2312     to a business entity or a local government entity, but not both.
2313          (ii) In determining whether to authorize a tax credit with respect to a new commercial
2314     project to a business entity or a local government entity, the office shall authorize the tax credit
2315     in a manner that the office determines will result in providing the most effective incentive for
2316     the new commercial project.
2317          (c) (i) Except as provided in Subsection (3)(c)(ii)(A), for a new commercial project that
2318     is located within the boundary of a county of the first or second class, the office may not
2319     authorize or commit to authorize a tax credit that exceeds:

2320          (A) 50% of the new state revenues from the new commercial project in any given year;
2321     or
2322          (B) 30% of the new state revenues from the new commercial project over the lesser of
2323     the life of a new commercial project or 20 years.
2324          (ii) If the office authorizes or commits to authorize a tax credit for a new commercial
2325     project located within the boundary of:
2326          (A) a municipality with a population of 10,000 or less located within a county of the
2327     second class and that is experiencing economic hardship as determined by the office, the office
2328     shall authorize a tax credit of up to 50% of new state revenues from the new commercial
2329     project over the lesser of the life of the new commercial project or 20 years;
2330          (B) a county of the third class, the office shall authorize a tax credit of up to 50% of
2331     new state revenues from the new commercial project over the lesser of the life of the new
2332     commercial project or 20 years; and
2333          (C) a county of the fourth, fifth, or sixth class, the office shall authorize a tax credit of
2334     50% of new state revenues from the new commercial project over the lesser of the life of the
2335     new commercial project or 20 years.
2336          (iii) Notwithstanding any other provisions of this section, the office may not authorize
2337     a tax credit under this section for a new commercial project:
2338          (A) to a business entity that has claimed a High Cost Infrastructure Development Tax
2339     Credit described in Section 79-6-603 related to the same new commercial project, if the new
2340     commercial project is located within a county of the first or second class; or
2341          (B) in an amount more than the amount of the capital investment in the new
2342     commercial project.
2343          (d) (i) A local government entity may by resolution assign a tax credit authorized by
2344     the office to a community reinvestment agency.
2345          (ii) The local government entity shall provide a copy of the resolution described in
2346     Subsection (3)(d)(i) to the office.
2347          (iii) If a local government entity assigns a tax credit to a community reinvestment
2348     agency, the written agreement described in Subsection (3)(a) shall:
2349          (A) be between the office, the local government entity, and the community
2350     reinvestment agency;

2351          (B) establish the obligations of the local government entity and the community
2352     reinvestment agency; and
2353          (C) establish the extent to which any of the local government entity's obligations are
2354     transferred to the community reinvestment agency.
2355          (iv) If a local government entity assigns a tax credit to a community reinvestment
2356     agency:
2357          (A) the community reinvestment agency shall retain records as described in Subsection
2358     (4)(d); and
2359          (B) a tax credit certificate issued in accordance with Section 63N-2-105 shall list the
2360     community reinvestment agency as the named applicant.
2361          (4) The office shall ensure that the written agreement described in Subsection (3):
2362          (a) specifies the requirements that the business entity or local government entity shall
2363     meet to qualify for a tax credit under this part;
2364          (b) specifies the maximum amount of tax credit that the business entity or local
2365     government entity may be authorized for a taxable year and over the life of the new commercial
2366     project;
2367          (c) establishes the length of time the business entity or local government entity may
2368     claim a tax credit;
2369          (d) requires the business entity or local government entity to retain records supporting a
2370     claim for a tax credit for at least four years after the business entity or local government entity
2371     claims a tax credit under this part; and
2372          (e) requires the business entity or local government entity to submit to audits for
2373     verification of the tax credit claimed.
2374          (5) The office may attribute an incremental job or a high paying job to a new
2375     commercial project regardless of whether the job is performed in person, within the
2376     development zone or remotely from elsewhere in the state.
2377          Section 55. Section 63N-2-511 is amended to read:
2378          63N-2-511. Stay Another Day and Bounce Back Fund.
2379          (1) As used in this section:
2380          (a) "Bounce back fund" means the Stay Another Day and Bounce Back Fund, created
2381     in Subsection (2).

2382          (b) "Tourism board" means the Board of Tourism Development created in Section
2383     [63N-7-101] 63N-7-201.
2384          (2) There is created an expendable special revenue fund known as the Stay Another
2385     Day and Bounce Back Fund.
2386          (3) The bounce back fund shall:
2387          (a) be administered by the tourism board;
2388          (b) earn interest; and
2389          (c) be funded by:
2390          (i) annual payments under Section 17-31-9 from the county in which a qualified hotel
2391     is located;
2392          (ii) money transferred to the bounce back fund under Section 63N-2-503.5 or
2393     63N-2-512; and
2394          (iii) any money that the Legislature chooses to appropriate to the bounce back fund.
2395          (4) Interest earned by the bounce back fund shall be deposited into the bounce back
2396     fund.
2397          (5) The tourism board may use money in the bounce back fund to pay for a tourism
2398     program of advertising, marketing, and branding of the state, taking into consideration the
2399     long-term strategic plan, economic trends, and opportunities for tourism development on a
2400     statewide basis.
2401          Section 56. Section 63N-2-810 is amended to read:
2402          63N-2-810. Reports on tax credit certificates.
2403          The office shall include the following information in the annual written report described
2404     in Section [63N-4-106] 63N-1a-306:
2405          (1) the total amount listed on tax credit certificates the office issues under this part;
2406          (2) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
2407     credit applicants under this part; and
2408          (3) the economic impact on the state related to providing tax credits under this part.
2409          Section 57. Section 63N-3-105 is amended to read:
2410          63N-3-105. Qualification for assistance.
2411          (1) (a) Except as provided in Section 63N-3-109, the administrator, in consultation
2412     with the GO Utah board, shall determine which industries, companies, and individuals qualify

2413     to receive money from the Industrial Assistance Account.
2414          (b) Except as provided by Subsection (2), to qualify for financial assistance from the
2415     restricted account, an applicant shall:
2416          (i) demonstrate to the satisfaction of the administrator that the applicant will expend
2417     funds in the state with employees, vendors, subcontractors, or other businesses in an amount
2418     proportional with money provided from the restricted account at a minimum ratio of one to one
2419     per year or other more stringent requirements as established on a per project basis by the
2420     administrator;
2421          (ii) demonstrate to the satisfaction of the administrator the applicant's ability to sustain
2422     economic activity in the state sufficient to repay, by means of cash or appropriate credits, the
2423     loan provided by the restricted account; and
2424          (iii) satisfy other criteria the administrator considers appropriate.
2425          (2) (a) The administrator may exempt an applicant from the requirements of Subsection
2426     (1)(a) or (b) if:
2427          (i) the applicant is part of a targeted industry;
2428          (ii) the applicant is a quasi-public corporation organized under Title 16, Chapter 6a,
2429     Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent Corporations
2430     Act, and its operations, as demonstrated to the satisfaction of the administrator, will provide
2431     significant economic stimulus to the growth of commerce and industry in the state; or
2432          (iii) the applicant is an entity offering an economic opportunity under Section
2433     63N-3-109.
2434          (b) The administrator may not exempt the applicant from the requirement under
2435     Subsection 63N-3-106(2)(b) that the loan be structured so that the repayment or return to the
2436     state equals at least the amount of the assistance together with an annual interest charge.
2437          (3) The GO Utah board shall make recommendations to the administrator regarding
2438     applications for loans, grants, or other financial assistance from the Industrial Assistance
2439     Account.
2440          [(3)] (4) The administrator shall:
2441          (a) for applicants not described in Subsection (2)(a):
2442          (i) make findings as to whether or not each applicant has satisfied each of the
2443     conditions set forth in Subsection (1); and

2444          (ii) monitor the continued compliance by each applicant with each of the conditions set
2445     forth in Subsection (1) for five years;
2446          (b) consider the GO Utah board's recommendations with respect to each application;
2447          [(b)] (c) monitor the compliance by each applicant with the provisions of any contract
2448     or agreement entered into between the applicant and the state as provided in Section
2449     63N-3-107; and
2450          [(c)] (d) make funding decisions based upon appropriate findings and compliance.
2451          Section 58. Section 63N-3-109 is amended to read:
2452          63N-3-109. Financial assistance to entities offering economic opportunities.
2453          (1) Subject to the duties and powers of the GO Utah board under Section [63N-1b-202]
2454     63N-1a-402, the administrator may provide money from the Industrial Assistance Account to
2455     an entity offering an economic opportunity if that entity:
2456          (a) applies to the administrator in a form approved by the administrator; and
2457          (b) meets the qualifications of Subsection (2).
2458          (2) As part of an application for receiving money under this section, an applicant shall:
2459          (a) demonstrate to the satisfaction of the administrator the nature of the economic
2460     opportunity and the related benefit to the economic well-being of the state by providing
2461     evidence documenting the logical and compelling linkage, either direct or indirect, between the
2462     expenditure of money necessitated by the economic opportunity and the likelihood that the
2463     state's tax base, regions of the state's tax base, or specific components of the state's tax base
2464     will not be reduced but will be maintained or enlarged;
2465          (b) demonstrate how the funding request will act in concert with other state, federal, or
2466     local agencies to achieve the economic benefit;
2467          (c) demonstrate how the funding request will act in concert with free market principles;
2468     and
2469          (d) satisfy other criteria the administrator considers appropriate.
2470          (3) Before awarding any money under this section, the administrator shall:
2471          (a) make findings as to whether an applicant has satisfied the requirements of
2472     Subsection (2);
2473          (b) establish benchmarks and timeframes in which progress toward the completion of
2474     the agreed upon activity is to occur;

2475          (c) monitor compliance by an applicant with any contract or agreement entered into by
2476     the applicant and the state as provided by Section 63N-3-107; and
2477          (d) make funding decisions based upon appropriate findings and compliance.
2478          Section 59. Section 63N-3-112 is amended to read:
2479          63N-3-112. Talent development grants.
2480          (1) A for-profit business that is creating new incremental high paying jobs in the state,
2481     may apply to receive a talent development grant from the restricted account.
2482          (2) In accordance with the provisions of this section and in consultation with the GO
2483     Utah board, the administrator may award up to $10,000 per new job created.
2484          (3) The administrator shall designate an application process for a business to apply for
2485     the grant.
2486          (4) A business may apply to receive a grant only after each employee has been
2487     employed at qualifying wage levels for at least 12 consecutive months.
2488          (5) Money granted for a talent development grant under this section shall be deducted
2489     from any other money or incentive awarded by the office to the business.
2490          (6) Grants awarded under this section are only to reimburse a business for the costs
2491     incurred to recruit, hire, train, and otherwise employ an employee in a newly created job.
2492          (7) A business shall submit a hiring and training plan detailing what the grant money
2493     will be used for as part of the application process.
2494          (8) The administrator may only grant an award up to an amount that is no more than
2495     25% of the estimated costs to be incurred by the business for the costs in the hiring and training
2496     plan.
2497          Section 60. Section 63N-3-204 is amended to read:
2498          63N-3-204. Administration -- Grants and loans.
2499          (1) The office shall administer this part.
2500          (2) (a) (i) The office may award Utah Technology [Commercialization and] Innovation
2501     Funding Program grants or issue loans under this part to [an applicant that is:] small
2502     businesses.
2503          [(A) an institution of higher education;]
2504          [(B) a licensee; or]
2505          [(C) a small business.]

2506          (ii) If loans are issued under Subsection (2)(a)(i), the Division of Finance may set up a
2507     fund or account as necessary for the proper accounting of the loans.
2508          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2509     office shall make rules [for a process to determine whether an institution of higher education
2510     that receives a grant under this part must return the grant proceeds or a portion of the grant
2511     proceeds if the technology that is developed with the grant proceeds is licensed to a licensee
2512     that:] establishing procedures for applying for and issuing grants or loans under this part.
2513          [(i) does not maintain a manufacturing or service location in the state from which the
2514     licensee or a sublicensee exploits the technology; or]
2515          [(ii) initially maintains a manufacturing or service location in the state from which the
2516     licensee or a sublicensee exploits the technology, but within five years after issuance of the
2517     license the licensee or sublicensee transfers the manufacturing or service location for the
2518     technology to a location out of the state.]
2519          [(c) A repayment by an institution of higher education of grant proceeds or a portion of
2520     the grant proceeds may only come from the proceeds of the license established between the
2521     licensee and the institution of higher education.]
2522          [(d)] (c) (i) An applicant that [is a licensee or small business that] receives a grant or
2523     loan under this part shall return the grant or loan proceeds or a portion of the grant or loan
2524     proceeds to the office if the applicant:
2525          (A) does not maintain [a manufacturing or service location in the state from which the
2526     applicant exploits the technology] the applicant's principal place of business in the state; or
2527          (B) initially maintains [a manufacturing or service location in the state from which the
2528     applicant exploits the technology] the applicant's principal place of business in the state, but
2529     within five years after issuance of the grant or loan, the applicant transfers the [manufacturing
2530     or service location for the technology] applicant's principal place of business to an out-of-state
2531     location.
2532          (ii) A repayment by an applicant shall be prorated based on the number of full years the
2533     applicant operated in the state from the date of the awarded grant or loan.
2534          [(iii) A repayment by a licensee that receives a grant may only come from the proceeds
2535     of the license to that licensee.]
2536          [(3) (a) Funding allocations shall be made by the office with the advice of the GO Utah

2537     board.]
2538          [(b) Each proposal shall receive the best available outside review.]
2539          [(4) (a)] (3) In considering each proposal, the office shall weigh technical merit, the
2540     level of matching funds from private and federal sources, and the potential for [job creation and
2541     economic development] commercialization and broad impact.
2542          [(b) Proposals or consortia that combine and coordinate related research at two or more
2543     institutions of higher education shall be encouraged.]
2544          [(5)] (4) The office shall review the activities and progress of grant or loan recipients
2545     on a regular basis and, as part of the office's annual written report described in Section
2546     63N-1a-306, report on the accomplishments [and], direction, and usefulness of the Utah
2547     Technology [Commercialization and] Innovation Funding Program[.], including
2548     recommendations on:
2549          (a) whether the program is beneficial to the state and should continue; and
2550          (b) whether other office programs or programs in other agencies could provide similar
2551     state benefits more effectively or at a lower cost.
2552          [(6) (a) On or before August 1, 2018, the office shall provide a written analysis and
2553     recommendations concerning the usefulness of the Technology Commercialization and
2554     Innovation Program described in this part, including whether:]
2555          [(i) the program is beneficial to the state and should continue; and]
2556          [(ii) other office programs or programs in other agencies could provide similar benefits
2557     to the state more effectively or at a lower cost.]
2558          [(b) The written analysis and recommendations described in this Subsection (6) shall
2559     be provided to:]
2560          [(i) the Business, Economic Development, and Labor Appropriations Subcommittee;]
2561          [(ii) the Economic Development and Workforce Services Interim Committee;]
2562          [(iii) the Business and Labor Interim Committee; and]
2563          [(iv) the governor.]
2564          Section 61. Section 63N-3-801 is enacted to read:
2565     
Part 8. Economic Assistance Grant Program

2566          63N-3-801. Definitions.
2567          As used in this part:

2568          (1) "Business entity" means a for-profit or nonprofit entity.
2569          (2) "Grant" means a grant awarded as part of the Economic Assistance Grant Program
2570     created in Section 63N-3-802.
2571          (3) "Grant program" means the Economic Assistance Grant Program created in Section
2572     63N-3-802.
2573          Section 62. Section 63N-3-802 is enacted to read:
2574          63N-3-802. Creation of Economic Assistance Grant Program -- Requirements --
2575     Rulemaking -- Annual report.
2576          (1) There is created the Economic Assistance Grant Program administered by the
2577     office.
2578          (2) Subject to appropriations from the Legislature, the office may award one or more
2579     grants to a business entity to provide funding for projects that:
2580          (a) promote and support economic opportunities in the state; and
2581          (b) provide a service in the state related to industry, education, community
2582     development, or infrastructure.
2583          (3) In awarding grants, the office may prioritize projects:
2584          (a) that create new jobs in the state;
2585          (b) that develop targeted industries in the state;
2586          (c) where an applicant identifies clear metrics to measure the progress, effectiveness,
2587     and scope of the project;
2588          (d) where an applicant secures funding from other sources to help finance the project;
2589          (e) where an applicant demonstrates comprehensive planning of the project; and
2590          (f) that require one-time funds.
2591          (4) Before a business entity may receive a grant, the business entity shall enter into a
2592     written agreement with the office that specifies:
2593          (a) the amount of the grant;
2594          (b) the time period for distributing the grant;
2595          (c) the terms and conditions that the business entity shall meet to receive the grant;
2596          (d) the structure of the grant; and
2597          (e) the expenses for which the business entity may expend the grant.
2598          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

2599     office may make rules to administer the grant program.
2600          (6) The office shall include in the annual written report described in Section
2601     63N-1a-306 a report on the grant program, including a description and the amount of any
2602     grants awarded.
2603          Section 63. Section 63N-4-104 is amended to read:
2604          63N-4-104. Duties.
2605          (1) The Center for Rural Development shall:
2606          (a) work to enhance the capacity of the office to address rural economic development,
2607     planning, and leadership training challenges and opportunities by establishing partnerships and
2608     positive working relationships with appropriate public and private sector entities, individuals,
2609     and institutions;
2610          (b) work with the GO Utah board to coordinate and focus available resources in ways
2611     that address the economic development, planning, and leadership training challenges and
2612     priorities in rural Utah;
2613          (c) assist in administering the Rural [County Grant Program created in Section
2614     17-54-103, including, as described in Subsection 17-54-103(10), compiling reported
2615     information regarding the program for inclusion in the office's annual written report described
2616     in Section 63N-1a-306] Opportunity Program created in Section 63N-4-802; and
2617          (d) in accordance with economic development and planning policies set by state
2618     government, coordinate relations between:
2619          (i) the state;
2620          (ii) rural governments;
2621          (iii) other public and private groups engaged in rural economic planning and
2622     development; and
2623          (iv) federal agencies.
2624          (2) (a) The Center for Rural Development may:
2625          (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2626     make rules necessary to carry out its duties;
2627          (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
2628     Utah citizens; and
2629          (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)

2630     for the use and benefit of rural citizens within the state.
2631          (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
2632     Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
2633          Section 64. Section 63N-4-402 is amended to read:
2634          63N-4-402. Definitions.
2635          As used in this part:
2636          (1) (a) "Business entity" means a sole proprietorship, partnership, association, joint
2637     venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
2638     a business.
2639          (b) "Business entity" does not include a business primarily engaged in the following:
2640          (i) construction;
2641          (ii) staffing;
2642          (iii) retail trade; or
2643          (iv) public utility activities.
2644          (2) "Grant" means a grant awarded as part of the Rural Employment Expansion Grant
2645     Program created in Section 63N-4-403.
2646          (3) "Grant program" means the Rural Employment Expansion Grant Program created
2647     in Section 63N-4-403.
2648          (4) "Mining company" means an entity whose primary business is the exploration for
2649     or extraction of minerals from the earth.
2650          (5) "Mining services company" means an entity whose primary business is providing
2651     support services for a mining company, including drilling or geological modeling.
2652          [(2)] (6) (a) "Owner or officer" means an individual who owns an ownership interest in
2653     an entity or holds a position where the person has authority to manage, direct, control, or make
2654     decisions for:
2655          (i) the entity or a portion of the entity; or
2656          (ii) an employee, agent, or independent contractor of the entity.
2657          (b) "Owner or officer" includes:
2658          (i) a member of a board of directors or other governing body of an entity; or
2659          (ii) a partner in any type of partnership.
2660          [(3) "Rural employment expansion grant" means a grant available under this part.]

2661          (7) "Rural county" means a county of the third, fourth, fifth, or sixth class.
2662          Section 65. Section 63N-4-403 is amended to read:
2663          63N-4-403. Creation of Rural Employment Expansion Grant Program -- Duties
2664     of the office.
2665          (1) There is created the Rural Employment Expansion Grant Program administered by
2666     the office.
2667          [(1)] (2) The office shall:
2668          (a) review a business entity's application for a [rural employment expansion grant
2669     under this part] grant in the order in which the application is received by the office;
2670          (b) ensure that a [rural employment expansion] grant is only awarded to a business
2671     entity that meets the requirements of this part; and
2672          (c) as part of the annual written report described in Section 63N-1a-306, prepare an
2673     annual evaluation that provides:
2674          (i) the identity of each business entity that was provided a [rural employment
2675     expansion] grant by the office during the year of the annual report;
2676          (ii) the total amount awarded in [rural employment expansion] grants for each county;
2677     and
2678          (iii) an evaluation of the effectiveness of the [rural employment expansion] grant in
2679     bringing significant new employment to rural communities.
2680          [(2)] (3) The office may:
2681          (a) authorize a [rural employment expansion] grant for a business entity under this part;
2682          (b) audit a business entity to ensure:
2683          (i) eligibility for a [rural employment expansion] grant; and
2684          (ii) compliance with this part; and
2685          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2686     in accordance with the provisions of this part, make rules regarding the:
2687          (i) form and content of an application for a [rural employment expansion] grant;
2688          (ii) documentation or other requirements for a business entity to receive a [rural
2689     employment expansion] grant; and
2690          (iii) administration of [rural employment expansion] grants, including an appeal
2691     process and relevant timelines and deadlines.

2692          Section 66. Section 63N-4-404 is amended to read:
2693          63N-4-404. Grant application process.
2694          (1) For a fiscal year beginning on or after July 1, 2018, a business entity seeking to
2695     receive a [rural employment expansion grant as provided in this part] grant shall provide the
2696     office with an application [for a rural employment expansion grant] in a form approved by the
2697     office that includes:
2698          (a) a certification, by an officer of the business entity, of each signature on the
2699     application;
2700          (b) a document that specifies the projected number and anticipated wage level of the
2701     new full-time employee positions that the business entity plans to create as the basis for
2702     qualifying for a [rural employment expansion] grant; and
2703          (c) any additional information required by the office.
2704          (2) (a) If, after review of an application provided by a business entity as described in
2705     Subsection (1), the office determines that the application is inadequate to provide a reasonable
2706     justification for authorizing the [rural employment expansion] grant, the office shall:
2707          (i) deny the application; or
2708          (ii) inform the business entity that the application is inadequate and ask the business
2709     entity to submit additional documentation.
2710          (b) (i) If the office denies an application, the business entity may appeal the denial to
2711     the office.
2712          (ii) The office shall review any appeal within 10 business days and make a final
2713     determination of the business entity's eligibility for a grant [under this part].
2714          (3) If, after review of an application provided by a business entity as described in
2715     Subsection (1), the office determines that the application provides reasonable justification for
2716     authorizing a [rural employment expansion] grant and if there are available funds for the grant,
2717     the office shall enter into a written agreement with the business entity that:
2718          (a) indicates the maximum [rural employment expansion] grant amount the business
2719     entity is authorized to receive;
2720          (b) includes a document signed by an officer of the business entity that expressly
2721     directs and authorizes the State Tax Commission to disclose to the office the business entity's
2722     tax returns and other information that would otherwise be subject to confidentiality under

2723     Section 59-1-403 or Section 6103, Internal Revenue Code;
2724          (c) describes the documentation required to demonstrate that the business entity has
2725     created the new full-time employee positions described in the application provided under
2726     Subsection (1); and
2727          (d) specifies the deadlines to provide the documentation described in Subsection (3)(c).
2728          (4) (a) Subject to available funds, the office may award a [rural employment
2729     expansion] grant to a business entity as follows:
2730          (i) $4,000 for each new full-time employee position in a county where the average
2731     county wage is equal to or greater than the state average wage;
2732          (ii) $5,000 for each new full-time employee position in a county where the average
2733     county wage is between 85% and 99% of the state average wage; and
2734          (iii) $6,000 for each new full-time employee position in a county where the average
2735     county wage is less than 85% of the state average wage.
2736          (b) A business entity may qualify for no more than $250,000 in [rural employment
2737     expansion] grants in any fiscal year.
2738          (5) (a) Subject to available funds, the office shall award a business entity a grant in the
2739     amount allowed under this part if the business entity provides documentation to the office:
2740          (i) in a form prescribed by the office under Subsection (3)(c);
2741          (ii) before the deadline described in Subsection (3)(d); and
2742          (iii) that demonstrates that the business applicant has created new full-time employee
2743     positions.
2744          (b) If a business entity does not provide the documentation described in Subsection
2745     (3)(c) before the deadline described in Subsection (3)(d), the business entity is ineligible to
2746     receive a [rural employment expansion] grant unless the business entity submits a new
2747     application to be reviewed by the office in accordance with Subsection (1).
2748          (6) Nothing in this part prevents a business entity that has received a [rural
2749     employment expansion] grant from concurrently applying for or receiving another grant or
2750     incentive administered by the office.
2751          [(7) (a) As used in this Subsection (7):]
2752          [(i) "Mining company" means an entity whose primary business is the exploration for
2753     or extraction of minerals from the earth.]

2754          [(ii) "Mining services company" means an entity whose primary business is providing
2755     support services for a mining company, including drilling or geological modeling.]
2756          [(b)] (7) If an applicant for a [rural employment expansion] grant is a mining company
2757     or mining services company having business operations within five miles of a rural county, the
2758     applicant shall be treated as if the applicant were located within the adjacent rural county in
2759     determining whether the applicant qualifies for the [rural employment expansion] grant
2760     program.
2761          Section 67. Section 63N-4-801 is enacted to read:
2762     
Part 8. Rural Opportunity Act

2763          63N-4-801. Definitions.
2764          As used in this part:
2765          (1) "Advisory committee" means the Rural Opportunity Advisory Committee created
2766     in Section 63N-4-804.
2767          (2) (a) "Business entity" means a sole proprietorship, partnership, association, joint
2768     venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
2769     a business.
2770          (b) "Business entity" does not include a business primarily engaged in the following:
2771          (i) construction;
2772          (ii) staffing;
2773          (iii) retail trade; or
2774          (iv) public utility activities.
2775          (3) "CEO board" means a County Economic Opportunity Advisory Board as described
2776     in Section 63N-4-803.
2777          (4) "Fund" means the Rural Opportunity Fund created in Section 63N-4-805.
2778          (5) "Qualified asset" means a physical asset that provides or supports an essential
2779     public service.
2780          (6) " Qualified project" means a project to build or improve one or more qualified
2781     assets for a rural community, including:
2782          (a) telecom and high-speed Internet infrastructure;
2783          (b) power and energy infrastructure;
2784          (c) water and sewerage infrastructure;

2785          (d) healthcare infrastructure; or
2786          (e) other infrastructure as defined by rule made by the office in accordance with Title
2787     63G, Chapter 3, Utah Administrative Rulemaking Act.
2788          (7) "Rural community" means a rural county or rural municipality.
2789          (8) "Rural county" means a county of the third, fourth, fifth, or sixth class.
2790          (9) "Rural municipality" means a city, town, or metro township located within the
2791     boundaries of:
2792          (a) a county of the third, fourth, fifth, or sixth class; or
2793          (b) a county of the second class, if the municipality has a population of 10,000 or less.
2794          (10) "Rural Opportunity Program" or "program" means the Rural Opportunity Program
2795     created in Section 63N-4-802.
2796          Section 68. Section 63N-4-802 is enacted to read:
2797          63N-4-802. Creation of Rural Opportunity Program -- Awarding of grants and
2798     loans -- Rulemaking -- Reporting.
2799          (1) There is created the Rural Opportunity Program.
2800          (2) The program shall be overseen by the advisory committee and administered by the
2801     office.
2802          (3) (a) In overseeing the program, the advisory committee shall make recommendations
2803     to the office on the awarding of grants and loans under this section.
2804          (b) After reviewing the recommendations of the advisory committee, and subject to
2805     appropriations from the Legislature, the office shall:
2806          (i) award grants to rural communities and business entities in accordance with
2807     Subsection (4) and rules made by the center under Subsection (6); and
2808          (ii) award loans to rural communities in accordance with Subsection (5) and rules made
2809     by the center under Subsection (6).
2810          (4) (a) The office shall annually distribute an equal amount of grant money to all rural
2811     counties that have created a CEO board, in an amount up to and including $200,000 annually
2812     per county.
2813          (b) In addition to the grant money distributed to rural counties under Subsection (4)(a),
2814     the office may use program funds to:
2815          (i) award grants to rural communities that demonstrate a funding match, in an amount

2816     established by rule under Subsection (6); and
2817          (ii) award grants to business entities that create new jobs within rural communities.
2818          (c) The office shall award grants under this Subsection (4) to address the economic
2819     development needs of rural communities, which needs may include:
2820          (i) business recruitment, development, and expansion;
2821          (ii) workforce training and development; and
2822          (iii) infrastructure, industrial building development, and capital facilities improvements
2823     for business development.
2824          (d) In awarding grants under this Subsection (4), the office:
2825          (i) shall prioritize applications in accordance with rules made by the office under
2826     Subsection (6); and
2827          (ii) may not award more than $800,000 annually to a rural community or business
2828     entity.
2829          (5) (a) In addition to the awarding of grants under Subsection (4), the office may use
2830     program funds to award loans to rural communities to provide financing for qualified projects.
2831          (b) (i) A rural community may not receive a loan from the program for a qualified
2832     project unless:
2833          (A) the rural community demonstrates to the office that the rural community has
2834     exhausted all other means of securing funding from the state for the qualified project; and
2835          (B) the rural community enters into a loan contract with the office.
2836          (ii) A loan contract under Subsection (5)(b)(i)(B):
2837          (A) shall be secured by legally issued bonds, notes, or other evidence of indebtedness
2838     validly issued under state law, including pledging all or any portion of a revenue source
2839     controlled by the rural community to the repayment of the loan; and
2840          (B) may provide that a portion of the proceeds of the loan may be applied to fund a
2841     reserve fund to secure the repayment of the loan.
2842          (c) A loan under this Subsection (5) shall bear interest at a rate:
2843          (i) not less than bond market interest rates available to the state; and
2844          (ii) not more than .5% above bond market interest rates available to the state.
2845          (d) Before a rural community may receive a loan from the office, the rural community
2846     shall:

2847          (i) publish the rural community's intention to obtain the loan at least once in
2848     accordance with the publication and notice requirements described in Section 11-14-316; and
2849          (ii) adopt an ordinance or resolution authorizing the loan.
2850          (e) (i) If a rural community that receives a loan from the office fails to comply with the
2851     terms of the loan contract, the office may seek any legal or equitable remedy to obtain
2852     compliance or payment of damages.
2853          (ii) If a rural community fails to make loan payments when due, the state shall, at the
2854     request of the office, withhold an amount of money due to the rural community and deposit the
2855     withheld money into the fund to pay the amount due under the contract.
2856          (iii) The office may elect when to take any action or request the withholding of money
2857     under this Subsection (5)(e).
2858          (f) All loan contracts, bonds, notes, or other evidence of indebtedness securing any
2859     loans shall be collected and accounted for in accordance with Section 63B-1b-202.
2860          (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2861     and in collaboration with the advisory committee, the office shall make rules to administer the
2862     program.
2863          (b) The rules under Subsection (6)(a) shall establish:
2864          (i) eligibility criteria for a rural community or business entity to receive a grant or loan
2865     under the program;
2866          (ii) application requirements;
2867          (iii) funding match requirements for a rural community to receive a grant under
2868     Subsection (4)(b);
2869          (iv) a process for prioritizing grant and loan applications; and
2870          (v) reporting requirements.
2871          (7) The office shall include the following information in the annual written report
2872     described in Section 63N-1a-306:
2873          (a) the total amount of grants and loans the office awarded to rural communities and
2874     business entities under the program;
2875          (b) a description of the projects for which the office awarded a grant or loan under the
2876     program;
2877          (c) the total amount of outstanding debt service that is being repaid by a grant or loan

2878     awarded under the program;
2879          (d) whether the grants and loans awarded under the program have resulted in economic
2880     development within rural communities; and
2881          (e) the office's recommendations regarding the effectiveness of the program and any
2882     suggestions for legislation.
2883          Section 69. Section 63N-4-803, which is renumbered from Section 17-54-104 is
2884     renumbered and amended to read:
2885          [17-54-104].      63N-4-803. County Economic Opportunity Advisory Board.
2886          (1) (a) Each rural county that seeks to obtain a grant from the office under [this
2887     chapter] Subsection 63N-4-802(4)(a), shall create a [CED] CEO board composed of at least the
2888     following members appointed by the county legislative body:
2889          (i) a county representative;
2890          (ii) a representative of a municipality in the county;
2891          (iii) a workforce development representative;
2892          (iv) a private-sector representative; and
2893          (v) a member of the public who lives in the county.
2894          (b) The county legislative body may also appoint additional members with experience
2895     or expertise in economic development matters.
2896          (c) In appointing members of the [CED] CEO board, the county legislative body may
2897     consider gender and socioeconomic diversity.
2898          (2) Each [CED] CEO board shall assist and advise the county legislative body on:
2899          (a) applying for a grant under [this chapter] Subsection 63N-4-802(4)(a);
2900          (b) what projects should be funded by grant money provided to a rural county under
2901     [this chapter] Subsection 63N-4-802(4)(a); and
2902          (c) preparing reporting requirements for grant money received by a rural county under
2903     [this chapter] Subsection 63N-4-802(4)(a).
2904          Section 70. Section 63N-4-804 is enacted to read:
2905          63N-4-804. Rural Opportunity Advisory Committee.
2906          (1) There is created within the office the Rural Opportunity Advisory Committee.
2907          (2) The advisory committee shall be composed of seven members appointed by the
2908     executive director, at least five of whom shall reside in a rural county.

2909          (3) The advisory committee shall advise and make recommendations to the office
2910     regarding the awarding of grants and loans under the Rural Opportunity Program.
2911          (4) (a) Subject to Subsection (4)(b), each member of the advisory committee shall be
2912     appointed for a four-year term unless a member is appointed to complete an unexpired term.
2913          (b) The executive director may adjust the length of term at the time of appointment or
2914     reappointment so that approximately half of the advisory committee is appointed every two
2915     years.
2916          (5) The advisory committee shall annually elect a chair from among the advisory
2917     committee's members.
2918          (6) A majority of the advisory committee constitutes a quorum for the purpose of
2919     conducting advisory committee business and the action of a majority of a quorum constitutes
2920     the action of the advisory committee.
2921          (7) The office shall provide staff support for the advisory committee.
2922          (8) A member may not receive compensation or benefits for the member's service, but
2923     may receive per diem and travel expenses in accordance with:
2924          (a) Section 63A-3-106;
2925          (b) Section 63A-3-107; and
2926          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2927     63A-3-107.
2928          Section 71. Section 63N-4-805 is enacted to read:
2929          63N-4-805. Rural Opportunity Fund.
2930          (1) There is created an enterprise fund known as the "Rural Opportunity Fund".
2931          (2) The fund shall be administered by the office for the purposes described in
2932     Subsection (5).
2933          (3) The fund consists of:
2934          (a) money appropriated by the Legislature;
2935          (b) donations or grants from public or private entities; and
2936          (c) all money collected from the repayment of fund money used for a loan issued under
2937     the Rural Opportunity Program.
2938          (4) (a) The fund shall earn interest.
2939          (b) All interest earned on money in the fund shall be deposited into the fund.

2940          (5) Money in the fund may only be used by the office to:
2941          (a) award grants and loans under the Rural Opportunity Program;
2942          (b) award grants under the Rural Employment Expansion Program created in Section
2943     63N-4-403;
2944          (c) award grants under the Rural Coworking and Innovation Center Grant Program
2945     created in Section 63N-4-503; and
2946          (d) pay for administrative costs related to this chapter.
2947          (6) The office may establish separate accounts in the fund for separate programs,
2948     administrative and operating expenses, or any other purpose to implement this chapter.
2949          (7) Money in the fund shall be invested by the state treasurer as provided in Title 51,
2950     Chapter 7, State Money Management Act, and the earnings from the investments shall be
2951     credited to the fund.
2952          (8) The office shall include a report of how money from the fund was used in the
2953     annual written report described in Section 63N-1a-306.
2954          Section 72. Section 63N-6-301 is amended to read:
2955          63N-6-301. Utah Capital Investment Corporation -- Powers and purposes --
2956     Reporting requirements.
2957          (1) (a) There is created an independent quasi-public nonprofit corporation known as the
2958     Utah Capital Investment Corporation.
2959          (b) The corporation:
2960          (i) may exercise all powers conferred on independent corporations under Section
2961     63E-2-106;
2962          (ii) is subject to the prohibited participation provisions of Section 63E-2-107; and
2963          (iii) is subject to the other provisions of Title 63E, Chapter 2, Independent
2964     Corporations Act, except as otherwise provided in this part.
2965          (c) The corporation shall file with the Division of Corporations and Commercial Code:
2966          (i) articles of incorporation; and
2967          (ii) any amendment to its articles of incorporation.
2968          (d) In addition to the articles of incorporation, the corporation may adopt bylaws and
2969     operational policies that are consistent with this chapter.
2970          (e) Except as otherwise provided in this part, this part does not exempt the corporation

2971     from the requirements under state law which apply to other corporations organized under Title
2972     63E, Chapter 2, Independent Corporations Act.
2973          (2) The purposes of the corporation are to:
2974          (a) organize the Utah fund of funds;
2975          (b) select an investment fund allocation manager to make venture capital and private
2976     equity fund investments by the Utah fund of funds;
2977          (c) negotiate the terms of a contract with the investment fund allocation manager;
2978          (d) execute the contract with the selected investment fund manager on behalf of the
2979     Utah fund of funds;
2980          (e) receive funds paid by designated investors for the issuance of certificates by the
2981     board for private investment in the Utah fund of funds;
2982          (f) receive investment returns from the Utah fund of funds; and
2983          (g) establish the redemption reserve to be used by the corporation to:
2984          (i) redeem certificates; and
2985          (ii) provide money for the state as directed by statute.
2986          (3) The corporation may not:
2987          (a) exercise governmental functions;
2988          (b) have members;
2989          (c) pledge the credit or taxing power of the state or any political subdivision of the
2990     state; or
2991          (d) make its debts payable out of any money except money of the corporation.
2992          (4) The obligations of the corporation are not obligations of the state or any political
2993     subdivision of the state within the meaning of any constitutional or statutory debt limitations,
2994     but are obligations of the corporation payable solely and only from the corporation's funds.
2995          (5) The corporation may:
2996          (a) engage consultants and legal counsel;
2997          (b) expend funds;
2998          (c) invest funds;
2999          (d) issue debt and equity, and borrow funds;
3000          (e) enter into contracts;
3001          (f) insure against loss;

3002          (g) hire employees; and
3003          (h) perform any other act necessary to carry out its purposes.
3004          (6) (a) The corporation shall, in consultation with the board, publish on or before
3005     September 1 an annual report of the activities conducted by the Utah fund of funds and submit,
3006     in accordance with Section 68-3-14, the written report to:
3007          (i) the governor;
3008          (ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
3009          (iii) the Business and Labor Interim Committee; and
3010          (iv) the Retirement and Independent Entities Interim Committee.
3011          (b) The annual report shall:
3012          (i) be designed to provide clear, accurate, and accessible information to the public, the
3013     governor, and the Legislature;
3014          (ii) include a copy of the audit of the Utah fund of funds described in Section
3015     63N-6-405;
3016          (iii) include a detailed balance sheet, revenue and expenses statement, and cash flow
3017     statement;
3018          (iv) include detailed information regarding new fund commitments made during the
3019     year, including the amount of money committed;
3020          (v) include the net rate of return of the Utah fund of funds from the inception of the
3021     Utah fund of funds, after accounting for all expenses, including administrative and financing
3022     costs;
3023          (vi) include detailed information regarding:
3024          (A) realized gains from investments and any realized losses; and
3025          (B) unrealized gains and any unrealized losses based on the net present value of
3026     ongoing investments;
3027          (vii) include detailed information regarding all yearly expenditures, including:
3028          (A) administrative, operating, and financing costs;
3029          (B) aggregate compensation information for full- and part-time employees, including
3030     benefit and travel expenses; and
3031          (C) expenses related to the allocation manager;
3032          (viii) include detailed information regarding all funding sources for administrative,

3033     operations, and financing expenses, including expenses charged by or to the Utah fund of
3034     funds, including management and placement fees;
3035          (ix) review the progress of the investment fund allocation manager in implementing its
3036     investment plan and provide a general description of the investment plan;
3037          (x) for each individual fund that the Utah fund of funds is invested in that represents at
3038     least 5% of the net assets of the Utah fund of funds, include the name of the fund, the total
3039     value of the fund, the fair market value of the Utah fund of funds' investment in the fund, and
3040     the percentage of the total value of the fund held by the Utah fund of funds;
3041          (xi) include the number of companies in Utah where an investment was made from a
3042     fund that the Utah fund of funds is invested in, and provide an aggregate count of new full-time
3043     employees in the state added by all companies where investments were made by funds that the
3044     Utah fund of funds is invested in;
3045          (xii) include an aggregate total value for all funds the Utah fund of funds is invested in,
3046     and an aggregate total amount of money invested in the state by the funds the Utah fund of
3047     funds is invested in;
3048          (xiii) describe any redemption or transfer of a certificate issued under this part;
3049          (xiv) include actual and estimated potential appropriations the Legislature will be
3050     required to provide as a result of redeemed certificates or tax credits during the following five
3051     years;
3052          (xv) include an evaluation of the state's progress in accomplishing the purposes stated
3053     in Section 63N-6-102; and
3054          (xvi) be directly accessible to the public via a link from the main page of the Utah fund
3055     of fund's website.
3056          (c) The annual report may not identify a specific designated investor who has redeemed
3057     or transferred a certificate.
3058          (7) (a) On or before December 1, 2021, the corporation shall provide a written report to
3059     the president of the Senate and the speaker of the House of Representatives that includes a
3060     detailed plan, time line, and recommendations for the future of the corporation.
3061          (b) The plan shall include recommendations describing:
3062          (i) the divestment of the state from any future liability of the corporation and a time
3063     line for realizing gains and winding down all investments from the current Utah fund of funds;

3064          (ii) any plans that the corporation has to raise capital for a fund similar to the current
3065     Utah fund of funds that does not require certificates, contingent tax credits, or other guarantees
3066     from the state to be provided to equity investors;
3067          (iii) whether the corporation should continue as an independent quasi-public nonprofit
3068     corporation under Title 63E, Chapter 2, Independent Corporations Act;
3069          (iv) if the corporation recommends continuing as an independent quasi-public
3070     nonprofit corporation, why the corporation should continue, and what benefits the corporation
3071     will provide to the state in terms of economic development, job growth, or other benefits;
3072          (v) whether the corporation should be liquidated or dissolved under Section
3073     [63N-3-306] 63N-6-306;
3074          (vi) if the corporation recommends that the corporation be liquidated or dissolved, a
3075     detailed plan and time line for dissolution that includes recommendations regarding how assets
3076     and realized gains of the corporation should be distributed;
3077          (vii) whether the corporation should be privatized in accordance with Title 63E,
3078     Chapter 1, Part 4, Privatization of Independent Entities; and
3079          (viii) if the corporation recommends that the corporation be privatized, a detailed plan
3080     and time line for privatization that includes recommendations regarding the distribution of
3081     assets and realized gains of the corporation.
3082          (8) In relation to the written report described in Subsection (7), the corporation:
3083          (a) may seek potential commitments through letters of intent or other means to
3084     demonstrate the viability of raising capital for a new fund as described in Subsection (7)(b)(ii);
3085     and
3086          (b) may not enter into any binding commitments related to a new fund as described in
3087     Subsection (7)(b)(ii), unless the corporation receives specific authorization through legislation
3088     passed by the Legislature after the report described in Subsection (7) is provided.
3089          Section 73. Section 63N-7-101 is repealed and reenacted to read:
3090     
CHAPTER 7. UTAH OFFICE OF TOURISM

3091     
Part 1. General Provisions

3092          63N-7-101. Definitions.
3093          As used in this chapter:
3094          (1) "Board" means the Board of Tourism Development created in Section 63N-7-201.

3095          (2) "Managing director" means the managing director of the Utah Office of Tourism.
3096          (3) "Sports organization" means an organization that:
3097          (a) is exempt from federal income taxation in accordance with Section 501(c)(3),
3098     Internal Revenue Code;
3099          (b) maintains the organization's principal location in the state;
3100          (c) has a minimum of 15 years experience in the state hosting, fostering, and attracting
3101     major summer and winter sporting events statewide; and
3102          (d) was created to foster state, regional, national, and international sports competitions
3103     in the state, to drive the state's Olympic and sports legacy, including competitions related to
3104     Olympic sports, and to promote and encourage sports tourism throughout the state, including
3105     advertising, marketing, branding, and promoting the state for the purpose of attracting sporting
3106     events in the state.
3107          (4) "Tourism office" means the Utah Office of Tourism created in Section 63N-7-102.
3108          Section 74. Section 63N-7-102 is repealed and reenacted to read:
3109          63N-7-102. Utah Office of Tourism created -- Appointment of managing director
3110     -- Responsibilities of tourism office.
3111          (1) There is created within the GO Utah office the Utah Office of Tourism.
3112          (2) (a) The executive director shall appoint a managing director of the tourism office.
3113          (b) The managing director may, with the approval of the executive director, appoint
3114     staff.
3115          (3) The tourism office shall:
3116          (a) be the tourism development authority of the state;
3117          (b) develop a tourism advertising, marketing, branding, destination development, and
3118     destination management program for the state;
3119          (c) receive approval from the board under Subsection 63N-7-202(1)(a) before
3120     implementing the program described in Subsection (3)(b);
3121          (d) develop a plan to increase the economic contribution by tourists visiting the state;
3122          (e) plan and conduct a program of information, advertising, and publicity relating to the
3123     recreational, scenic, historic, cultural, and culinary tourist attractions, amenities, and
3124     advantages of the state at large;
3125          (f) encourage and assist in the coordination of the activities of persons, firms,

3126     associations, corporations, travel regions, counties, and governmental agencies engaged in
3127     publicizing, developing, and promoting the tourist attractions, amenities, and advantages of the
3128     state;
3129          (g) conduct a regular and ongoing research program to identify statewide economic
3130     trends and conditions in the tourism sector of the economy; and
3131          (h) ensure that any plan or program developed under this Subsection (3) addresses, but
3132     not be limited to, the following policies:
3133          (i) enhancing the state's image;
3134          (ii) promoting the state as a year-round destination;
3135          (iii) encouraging expenditures by visitors to the state; and
3136          (iv) expanding the markets where the state is promoted.
3137          Section 75. Section 63N-7-103 is repealed and reenacted to read:
3138          63N-7-103. Annual report.
3139          The executive director shall include, in the annual written report described in Section
3140     63N-1a-306, a report from the managing director on the activities of the tourism office,
3141     including information regarding the economic efficiency and results of the tourism advertising,
3142     marketing, branding, destination development, and destination management program
3143     developed under Section 63N-7-102.
3144          Section 76. Section 63N-7-104 is enacted to read:
3145          63N-7-104. Agreements with other governmental entities.
3146          The tourism office may enter into agreements with state or federal agencies to accept
3147     services, quarters, or facilities as a contribution in carrying out the duties and functions of the
3148     tourism office.
3149          Section 77. Section 63N-7-201 is repealed and reenacted to read:
3150     
Part 2. Board of Tourism Development

3151          63N-7-201. Board of Tourism created -- Members -- Meetings -- Expenses.
3152          (1) There is created within the tourism office the Board of Tourism Development.
3153          (2) (a) The board shall consist of 15 members appointed by the governor to four-year
3154     terms with the advice and consent of the Senate.
3155          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3156     time of appointment or reappointment, adjust the length of terms to ensure that the terms of

3157     board members are staggered so that approximately half of the board is appointed every two
3158     years.
3159          (3) The members may not serve more than two full consecutive terms unless the
3160     governor determines that an additional term is in the best interest of the state.
3161          (4) Not more than eight members of the board may be from the same political party.
3162          (5) (a) The members shall be representative of:
3163          (i) all areas of the state with six being appointed from separate geographical areas as
3164     provided in Subsection (5)(b); and
3165          (ii) a diverse mix of business ownership or executive management of tourism related
3166     industries.
3167          (b) The geographical representatives shall be appointed as follows:
3168          (i) one member from Salt Lake, Tooele, or Morgan County;
3169          (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
3170          (iii) one member from Utah, Summit, Juab, or Wasatch County;
3171          (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
3172          (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
3173          (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
3174          (c) The tourism industry representatives of ownership or executive management shall
3175     be appointed as follows:
3176          (i) one member from ownership or executive management of the lodging industry, as
3177     recommended by the tourism industry for the governor's consideration;
3178          (ii) one member from ownership or executive management of the restaurant industry,
3179     as recommended by the restaurant industry for the governor's consideration;
3180          (iii) one member from ownership or executive management of the ski industry, as
3181     recommended by the ski industry for the governor's consideration; and
3182          (iv) one member from ownership or executive management of a tourism-related
3183     transportation provider, as recommended by the tourism industry for the governor's
3184     consideration.
3185          (d) One member shall be appointed at large from ownership or executive management
3186     of business, finance, economic policy, or the academic media marketing community.
3187          (e) One member shall be appointed from the Utah Tourism Industry Association, as

3188     recommended by the association for the governor's consideration.
3189          (f) One member shall be appointed to represent the state's counties, as recommended
3190     by the Utah Association of Counties for the governor's consideration.
3191          (g) One member shall be appointed from an arts and cultural organization, as
3192     recommended by the arts and cultural community for the governor's consideration.
3193          (h) One member shall be appointed to represent the outdoor recreation industry, as
3194     recommended by the outdoor recreation industry for the governor's consideration.
3195          (i) (i) The governor may choose to disregard a recommendation made for the board
3196     members described in Subsections (5)(c), (e), and (f) through (h).
3197          (ii) The governor shall request additional recommendations if recommendations are
3198     disregarded under Subsection (5)(i)(i).
3199          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
3200     appointed for the unexpired term from the same geographic area or industry representation as
3201     the member whose office was vacated.
3202          (7) Eight members of the board constitute a quorum for conducting board business and
3203     exercising board powers.
3204          (8) The governor shall select one of the board members as chair and one of the board
3205     members as vice chair, each for a four-year term as recommended by the board for the
3206     governor's consideration.
3207          (9) A member may not receive compensation or benefits for the member's service, but
3208     may receive per diem and travel expenses in accordance with:
3209          (a) Section 63A-3-106;
3210          (b) Section 63A-3-107; and
3211          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3212          (10) The board shall meet monthly or as often as the board determines to be necessary
3213     at various locations throughout the state.
3214          (11) Members who may have a potential conflict of interest in consideration of fund
3215     allocation decisions shall identify the potential conflict prior to voting on the issue.
3216          (12) (a) The board shall determine attendance requirements for maintaining a
3217     designated board seat.
3218          (b) If a board member fails to attend according to the requirements established

3219     pursuant to Subsection (12)(a), the board member shall be replaced upon written certification
3220     from the board chair or vice chair to the governor.
3221          (c) A replacement appointed by the governor under Subsection (12)(b) shall serve for
3222     the remainder of the board member's unexpired term.
3223          (13) (a) The board's office shall be in Salt Lake City.
3224          (b) The tourism office shall provide staff support to the board.
3225          Section 78. Section 63N-7-202 is repealed and reenacted to read:
3226          63N-7-202. Board duties.
3227          (1) The board shall:
3228          (a) approve a tourism program of out-of-state advertising, marketing, and branding,
3229     taking into account the long-term strategic plan, economic trends, and opportunities for tourism
3230     development on a statewide basis, as a condition of the distribution of funds to the tourism
3231     office from:
3232          (i) the Tourism Marketing Performance Account created in Section 63N-7-301; and
3233          (ii) the Stay Another Day and Bounce Back Account created in Section 63N-2-511;
3234          (b) review tourism office programs to coordinate and integrate advertising and
3235     branding themes, which may include recreational, scenic, historic, cultural, and culinary tourist
3236     attractions, amenities, and advantages of the state, to be used in tourism office programs;
3237          (c) encourage and assist in coordinating activities of persons, firms, associations,
3238     corporations, civic groups, and governmental agencies that are engaged in publicizing,
3239     developing, and promoting the tourist attractions, amenities, and advantages of the state;
3240          (d) advise the tourism office in establishing a cooperative program using funds from
3241     the Tourism Marketing Performance Account created in Section 63N-7-301; and
3242          (e) advise the tourism office on the tourism office's planning, policies, and strategies
3243     and on trends and opportunities for tourism development that may exist in the various areas of
3244     the state.
3245          (2) The board may:
3246          (a) solicit and accept contributions of money, services, and facilities from any other
3247     sources, whether public or private, and shall use these funds for promoting the general interest
3248     of the state in tourism; and
3249          (b) establish subcommittees for the purpose of assisting the board in an advisory role.

3250          (3) The board may not, except as otherwise provided under Subsection (1)(a), make
3251     policy related to the management or operation of the tourism office.
3252          Section 79. Section 63N-7-301 is amended to read:
3253          63N-7-301. Tourism Marketing Performance Account.
3254          (1) There is created within the General Fund a restricted account known as the Tourism
3255     Marketing Performance Account.
3256          (2) The account shall be administered by [GOED] the tourism office for the purposes
3257     listed in [Subsection (5)] Subsections (6) through (8).
3258          (3) (a) The account shall earn interest.
3259          (b) All interest earned on account money shall be deposited into the account.
3260          (4) The account shall be funded by appropriations made to the account by the
3261     Legislature in accordance with this section.
3262          (5) The [executive] managing director [of GOED's Office of Tourism] shall use
3263     account money appropriated to [GOED] the tourism office to pay for the statewide advertising,
3264     marketing, and branding campaign for promotion of the state as conducted by [GOED] the
3265     tourism office.
3266          (6) (a) For each fiscal year [beginning on or after July 1, 2007, GOED], the tourism
3267     office shall annually allocate 10% of the account money appropriated to [GOED] the tourism
3268     office to a sports organization for advertising, marketing, branding, and promoting Utah in
3269     attracting sporting events into the state.
3270          (b) The sports organization shall:
3271          (i) provide an annual written report to [GOED] the tourism office that gives an
3272     accounting of the use of funds the sports organization receives under this Subsection (6); and
3273          (ii) promote the state and encourage economic growth in the state.
3274          [(c) For purposes of this Subsection (6), "sports organization" means an organization
3275     that:]
3276          [(i) is exempt from federal income taxation in accordance with Section 501(c)(3),
3277     Internal Revenue Code;]
3278          [(ii) maintains its principal location in the state;]
3279          [(iii) has a minimum of 15 years experience in the state hosting, fostering, and
3280     attracting major summer and winter sporting events statewide; and]

3281          [(iv) was created to foster state, regional, national, and international sports
3282     competitions in the state, to drive the state's Olympic and sports legacy, including competitions
3283     related to Olympic sports, and to promote and encourage sports tourism throughout the state,
3284     including advertising, marketing, branding, and promoting the state for the purpose of
3285     attracting sporting events in the state.]
3286          (7) Money deposited into the account shall include a legislative appropriation from the
3287     cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
3288     appropriation made by the Legislature.
3289          (8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
3290     revenues determined under this Subsection (8) shall be certified by the State Tax Commission
3291     as a set-aside for the account, and the State Tax Commission shall report the amount of the
3292     set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
3293     which shall set aside the certified amount for appropriation to the account.
3294          (b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
3295     set-aside under this Subsection (8) in each fiscal year by applying one of the following
3296     formulas: if the annual percentage change in the Consumer Price Index for All Urban
3297     Consumers, as published by the Bureau of Labor Statistics of the United States Department of
3298     Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made is:
3299          (i) greater than 3%, and if the annual percentage change in the state sales and use tax
3300     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
3301     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
3302     years before the fiscal year in which the set-aside is to be made is greater than the annual
3303     percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
3304     year in which the set-aside is to be made, then the difference between the annual percentage
3305     change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
3306     goods and services and the annual percentage change in the Consumer Price Index shall be
3307     multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
3308     sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
3309     year in which the set-aside is to be made; or
3310          (ii) 3% or less, and if the annual percentage change in the state sales and use tax
3311     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal

3312     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
3313     years before the fiscal year in which the set-aside is to be made is greater than 3%, then the
3314     difference between the annual percentage change in the state sales and use tax revenues
3315     attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
3316     by an amount equal to the state sales and use tax revenues attributable to the retail sales of
3317     tourist-oriented goods and services from the fiscal year three years before the fiscal year in
3318     which the set-aside is to be made.
3319          (c) The total money appropriated to the account in a fiscal year under Subsections
3320     (8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
3321     year by more than $3,000,000.
3322          (d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
3323     collected under Subsections 59-12-103(2)(a)(i)(A) and 59-12-103(2)(c)(i).
3324          (e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
3325     are calculated by adding the following percentages of sales from each business registered with
3326     the State Tax Commission under one of the following codes of the 2012 North American
3327     Industry Classification System of the federal Executive Office of the President, Office of
3328     Management and Budget:
3329          (i) 80% of the sales from each business under NAICS Codes:
3330          (A) 532111 Passenger Car Rental;
3331          (B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;
3332          (C) 5615 Travel Arrangement and Reservation Services;
3333          (D) 7211 Traveler Accommodation; and
3334          (E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;
3335          (ii) 25% of the sales from each business under NAICS Codes:
3336          (A) 51213 Motion Picture and Video Exhibition;
3337          (B) 532292 Recreational Goods Rental;
3338          (C) 711 Performing Arts, Spectator Sports, and Related Industries;
3339          (D) 712 Museums, Historical Sites, and Similar Institutions; and
3340          (E) 713 Amusement, Gambling, and Recreation Industries;
3341          (iii) 20% of the sales from each business under NAICS Code 722 Food Services and
3342     Drinking Places;

3343          (iv) 18% of the sales from each business under NAICS Codes:
3344          (A) 447 Gasoline Stations; and
3345          (B) 81293 Parking Lots and Garages;
3346          (v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
3347     and Maintenance; and
3348          (vi) 5% of the sales from each business under NAICS Codes:
3349          (A) 445 Food and Beverage Stores;
3350          (B) 446 Health and Personal Care Stores;
3351          (C) 448 Clothing and Clothing Accessories Stores;
3352          (D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;
3353          (E) 452 General Merchandise Stores; and
3354          (F) 453 Miscellaneous Store Retailers.
3355          (9) (a) For each fiscal year, the tourism office shall allocate 20% of the funds
3356     appropriated to the Tourism Marketing and Performance Account to the cooperative program
3357     described in this Subsection (9).
3358          (b) Money allocated to the cooperative program may be awarded to cities, counties,
3359     nonprofit destination marketing organizations, and similar public entities for the purpose of
3360     supplementing money committed by these entities for advertising and promoting sites and
3361     events in the state.
3362          (c) The tourism office shall establish:
3363          (i) an application and approval process for an entity to receive a cooperative program
3364     award, including an application deadline;
3365          (ii) the criteria for awarding a cooperative program award, which shall emphasize
3366     attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
3367     the state; and
3368          (iii) eligibility, advertising, timing, and reporting requirements of an entity that
3369     receives a cooperative program award.
3370          (d) Money allocated to the cooperative program that is not used in each fiscal year shall
3371     be returned to the Tourism Marketing Performance Account.
3372          Section 80. Section 63N-19-101 is enacted to read:
3373     
CHAPTER 19. CENTER FOR INTERNATIONAL BUSINESS AND DIPLOMACY


3374          63N-19-101. Definitions.
3375          As used in this chapter, "center" means the Center for International Business and
3376     Diplomacy created in Section 63N-19-103.
3377          Section 81. Section 63N-19-102 is enacted to read:
3378          63N-19-102. Purpose.
3379          The Legislature finds and declares that fostering and developing international economic
3380     and diplomatic opportunities is a state public purpose necessary to assure the welfare of Utah's
3381     citizens, the growth of Utah's economy, and adequate employment for Utah's citizens.
3382          Section 82. Section 63N-19-103 is enacted to read:
3383          63N-19-103. Creation of Center for International Business and Diplomacy --
3384     Duties -- Rulemaking.
3385          (1) There is created within the office the Center for International Business and
3386     Diplomacy.
3387          (2) The center shall:
3388          (a) foster and support efforts to enhance international economic and diplomatic
3389     opportunities in the state;
3390          (b) provide outreach and information to businesses that could benefit from
3391     international partnerships and business opportunities;
3392          (c) coordinate with the Legislature to accommodate diplomatic visits to the state; and
3393          (d) enter into agreements with appropriate public and private sector entities,
3394     individuals, and institutions to support the center's diplomacy efforts.
3395          (3) The center may, in accordance with Title 63G, Chapter 3, Utah Administrative
3396     Rulemaking Act, make rules necessary to carry out the center's responsibilities under this
3397     chapter.
3398          Section 83. Section 63N-19-104 is enacted to read:
3399          63N-19-104. Annual report.
3400          The center shall include in the annual written report described in Section 63N-1a-306, a
3401     report of the center's operations, including:
3402          (1) the number of businesses that received assistance in utilizing international services;
3403          (2) a description of diplomatic visits to the state; and
3404          (3) recommendations regarding changes that would improve the center.

3405          Section 84. Repealer.
3406          This bill repeals:
3407          Section 17-54-101, Title.
3408          Section 17-54-102, Definitions.
3409          Section 17-54-103, Rural County Grant Program.
3410          Section 35A-11-101, Title.
3411          Section 53B-1-114, Coordination for education.
3412          Section 53B-1-407, Industry advisory council.
3413          Section 63N-4-201, Title.
3414          Section 63N-4-202, Definitions.
3415          Section 63N-4-203, Board authority to award a grant or loan to an eligible county
3416     -- Interest on a loan -- Eligible county proposal process -- Process for awarding a grant or
3417     loan.
3418          Section 63N-4-204, Agreement between the executive director and an eligible
3419     county -- Failure to meet or violation of a term or condition of an agreement.
3420          Section 63N-4-205, Report on amount of grants and loans, projects, and
3421     outstanding debt.
3422          Section 63N-4-601, Title.
3423          Section 63N-4-602, Definitions.
3424          Section 63N-4-603, Creation and purpose of the Rural Rapid Manufacturing
3425     Grant Program.
3426          Section 63N-4-604, Requirements for awarding a grant.
3427          Section 63N-4-701, Title.
3428          Section 63N-4-702, Definitions.
3429          Section 63N-4-703, Creation and purpose of the Rural Speculative Industrial
3430     Building Program.
3431          Section 63N-4-704, Requirements for entering into a lease.
3432          Section 63N-10-101, Title.
3433          Section 85. Appropriation.
3434          Subsection 85(a). Appropriations.
3435          The following sums of money are appropriated for the fiscal year beginning July 1,

3436     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
3437     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
3438     Act, the Legislature appropriates the following sums of money from the funds or accounts
3439     indicated for the use and support of the government of the state of Utah.
3440     ITEM 1
3441          To Governor's Office of Economic Opportunity - Rural Coworking and Innovation
3442     Center Grant Program
3443               From General Fund
($750,000)

3444               Schedule of Programs:
3445                    Rural Coworking and Innovation Center
3446                    Grant Program                         ($750,000)
3447     ITEM 2
3448          To Governor's Office of Economic Opportunity - Rural Employment Expansion
3449     Program
3450               From General Fund
($1,500,000)

3451               Schedule of Programs:
3452                    Rural Employment Expansion Program          ($1,500,000)
3453          Subsection 85(b). Business-like Activities.
3454          The Legislature has reviewed the following proprietary funds. Under the terms and
3455     conditions of Utah Code 63J-1-410, the Legislature approves budgets, full-time permanent
3456     positions, and capital acquisition amounts as indicated, and appropriates to the funds, as
3457     indicated, estimated revenue from rates, fees, and other charges. The Legislature authorizes the
3458     State Division of Finance to transfer amounts between funds and accounts as indicated.
3459     
Governor's Office of Economic Opportunity

3460     ITEM 3
3461          To Governor's Office of Economic Opportunity - Rural Opportunity Fund
3462               From General Fund
$2,250,000

3463               Schedule of Programs:
3464                    Rural Opportunity Fund                    $2,250,000
3465          Section 86. Effective date.
3466          This bill takes effect on July 1, 2022.

3467          Section 87. Coordinating H.B. 333 with H.B. 35 -- Substantive amendment.
3468          If this H.B. 333 and H.B. 35, Economic Development Modifications, both pass and
3469     become law, it is the intent of the Legislature that the Office of Legislative Research and
3470     General Counsel on July 1, 2022, prepare the Utah Code database for publication by amending
3471     Subsection 63N-2-104.1(2)(b) in H.B. 35 to read:
3472          "(b) the business entity has not claimed a High Cost Infrastructure Development Tax
3473     Credit under Section 79-6-603 for the same new commercial project, if the new commercial
3474     project is located within a county of the first or second class."
3475          Section 88. Coordinating H.B. 333 with S.B. 91 -- Superseding amendment.
3476          If this H.B. 333 and S.B. 91, Revisor's Technical Corrections to Utah Code, both pass
3477     and become law, on July 1, 2022, it is the intent of the Legislature that the amendments to
3478     Section 63N-7-301 in this bill supersede the amendments to Section 63N-7-301 in S.B. 91
3479     when the Office of Legislative Research and General Counsel prepares the Utah Code database
3480     for publication.