Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 23 (2018GS)

Sponsor

Rep. Albrecht, C.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• moves and renumbers provisions related to private activity bonds from GOED to DWS;
• repeals provisions related to the State Advisory Council on Science and Technology, the Utah Broadband Outreach Center, the Technology Commercialization and Innovation Program, and the Health System Reform Act;
• modifies GOED's duties regarding certain targeted industries;
• modifies GOED's duties regarding broadband economic development and mapping; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 31, 2018 at 10:08 AM by lpoole.
OFFICE OF ECONOMIC DEVELOPMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: 
 Ralph Okerlund
LONG TITLE
Committee Note:
The Economic Development and Workforce Services Interim Committee recommended
this bill.
General Description:
This bill modifies provisions related to the Governor's Office of Economic
Development (GOED) and the Department of Workforce Services (DWS).
Highlighted Provisions:
This bill:
▸ moves and renumbers provisions related to private activity bonds from GOED to
DWS;
▸ repeals provisions related to the State Advisory Council on Science and
Technology, the Utah Broadband Outreach Center, the Technology
Commercialization and Innovation Program, and the Health System Reform Act;
▸ modifies GOED's duties regarding certain targeted industries;
▸ modifies GOED's duties regarding broadband economic development and mapping;
and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-1-263
, as last amended by Laws of Utah 2017, Chapters 23, 47, 95, 166, 205, 469,
and 470
63N-3-111
, as renumbered and amended by Laws of Utah 2015, Chapter 283
ENACTS:
63N-3-501
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
35A-8-2101
, (Renumbered from 63N-5-101, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2102
, (Renumbered from 63N-5-102, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2103
, (Renumbered from 63N-5-103, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2104
, (Renumbered from 63N-5-104, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2105
, (Renumbered from 63N-5-105, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2106
, (Renumbered from 63N-5-106, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2107
, (Renumbered from 63N-5-107, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2108
, (Renumbered from 63N-5-108, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2109
, (Renumbered from 63N-5-109, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
35A-8-2110
, (Renumbered from 63N-5-110, as enacted by Laws of Utah 2015, Chapter
283)
REPEALS:
63N-2-412
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-11-101
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-11-102
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-11-103
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-11-104
, as last amended by Laws of Utah 2017, Chapter 292
63N-11-105
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-11-106
, as last amended by Laws of Utah 2017, Chapter 18
63N-12-101
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-102
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-103
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-104
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-105
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-106
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-107
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-108
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-12-301
, as enacted by Laws of Utah 2015, Chapter 278
63N-12-302
, as enacted by Laws of Utah 2015, Chapter 278
63N-12-303
, as enacted by Laws of Utah 2015, Chapter 278
63N-12-304
, as enacted by Laws of Utah 2015, Chapter 278
63N-12-305
, as enacted by Laws of Utah 2015, Chapter 278
Be it enacted by the Legislature of the state of Utah:
CHAPTER 8. PRIVATE ACTIVITY BONDS
Part 21. Private Activity Bonds
Section 1. Section 
35A-8-2101
, which is renumbered from Section 63N-5-101 is
renumbered and amended to read:
[
63N-5-101
].
 35A-8-2101.
Title -- Purpose.
(1) This chapter is known as "Private Activity Bonds."
(2) [
It is the intent of the Legislature to establish
] 
This chapter establishes
 procedures
to [
most
] effectively and equitably allocate this state's private activity bond volume cap
authorized by the Internal Revenue Code of 1986 in order to maximize the social and economic
benefits to this state.
Section 2. Section 
35A-8-2102
, which is renumbered from Section 63N-5-102 is
renumbered and amended to read:
[
63N-5-102
].
 35A-8-2102.
Definitions.
As used in this part:
(1) "Allocated volume cap" means a volume cap for which
:
(a)
 a certificate of allocation is in effect
;
 or [
for which
]
(b)
 bonds have been issued.
(2) "Allotment accounts" means the various accounts created in Section [
63N-5-106
]
35A-8-2106
.
(3) "Board of review" means the Private Activity Bond Review Board created in
Section 
[
63N-5-103
] 
35A-8-2103
.
(4) "Bond" means any obligation for which an allocation of volume cap is required by
the code.
(5) "Code" means the Internal Revenue Code of 1986, as amended, and any related
Internal Revenue Service regulations.
(6) "Form 8038" means the Department of the Treasury tax form 8038 (OMB No.
1545-0720) or any other federal tax form or other method of reporting required by the
Department of the Treasury under Section 149(e) of the code.
(7) "Issuing authority" means:
(a) any county, city, or town in the state;
(b) any not-for-profit corporation or joint agency, or other entity acting on behalf of
one or more counties, cities, towns, or any combination of these;
(c) the state; or
(d) any other entity authorized to issue bonds under state law.
(8) "State" means the state of Utah and any of its agencies, institutions, and divisions
authorized to issue bonds or certificates under state law.
(9) "Volume cap" means the private activity bond volume cap for the state as computed
under Section 146 of the code.
(10) "Year" means each calendar year.
Section 3. Section 
35A-8-2103
, which is renumbered from Section 63N-5-103 is
renumbered and amended to read:
[
63N-5-103
].
 35A-8-2103.
Private Activity Bond Review Board.
(1) There is created within the [
office
] 
department
 the Private Activity Bond Review
Board, composed of the following 11 members:
(a) (i) the executive director of the [
office
] 
department
 or the executive director's
designee;
[
(ii) an employee of the office designated by the executive director;
]
(ii) the executive director of the Governor's Office of Economic Development or the
executive director's designee;
(iii) the state treasurer or the 
state
 treasurer's designee;
(iv) the chair of the Board of Regents or the chair's designee; and
(v) 
Ŝ→ [
[
] ←Ŝ
 the chair of the Utah Housing Corporation or the chair's 
Ŝ→ [
] 
the director
131a 
of the
division or the director's
] ←Ŝ
designee; and
(b) six local government members who are:
(i) three elected or appointed county officials, nominated by the Utah Association of
Counties and appointed by the governor with the consent of the Senate; and
(ii) three elected or appointed municipal officials, nominated by the Utah League of
Cities and Towns and appointed by the governor with the consent of the Senate.
(2) (a) Except as required by Subsection (2)(b), the terms of office for the local
government members of the board of review shall be four-year terms.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board 
of review
 members are staggered so that approximately half of the board 
of review
 is
appointed every two years.
(c) Members may be reappointed only once.
(3) (a) If a local government member ceases to be an elected or appointed official of
the city or county the member is appointed to represent, that membership on the board of
review terminates immediately and there shall be a vacancy in the membership.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed within 30 days in the manner of the regular appointment for the unexpired term[
, and
until his successor is appointed and qualified
].
(4) (a) The chair of the board of review is the executive director of the [
office
]
department
 or the executive director's designee.
(b) The chair is nonvoting except in the case of a tie vote.
(5) Six members of the board of review constitute a quorum.
(6) Formal action by the board of review requires a majority vote of a quorum.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(8) The chair of the board of review serves as the state official designated under state
law to make certifications required to be made under Section 146 of the code including the
certification required by Section 149(e)(2)(F) of the code.
Section 4. Section 
35A-8-2104
, which is renumbered from Section 63N-5-104 is
renumbered and amended to read:
[
63N-5-104
].
 35A-8-2104.
Powers, functions, and duties of board of
review.
The board of review shall:
(1) make, subject to the limitations of the code, allocations of volume cap to issuing
authorities;
(2) determine the amount of volume cap to be allocated with respect to approved
applications;
(3) maintain a record of all applications filed by issuing authorities under Section
[
63N-5-105
] 
35A-8-2105
 and all certificates of allocation issued under Section 
[
63N-5-107
]
35A-8-2107
;
(4) maintain a record of all bonds issued by issuing authorities during each year;
(5) determine the amount of volume cap to be treated as a carryforward under Section
146(f) of the code and allocate this carryforward to one or more qualified carryforward
purposes;
(6) make available upon reasonable request a certified copy of all or any part of the
records maintained by the board of review under this part or a summary of them, including
information relating to the volume cap for each year and any amounts available for allocation
under this part;
(7) [
promulgate
] 
make
 rules for the allocation of volume cap under this part; and
(8) charge reasonable fees for the performance of duties prescribed by this part,
including application, filing, and processing fees.
Section 5. Section 
35A-8-2105
, which is renumbered from Section 63N-5-105 is
renumbered and amended to read:
[
63N-5-105
].
 35A-8-2105.
Allocation of volume cap.
(1) (a) Subject to Subsection (1)(b), the volume cap for each year shall be distributed
by the board of review to the [
various
] allotment accounts as [
set forth
] 
described
 in Section
[
63N-5-106
] 
35A-8-2106
.
(b) The board of review may distribute up to 50% of each increase in the volume cap
for use in development that occurs in quality growth areas, depending upon the board's analysis
of the relative need for additional volume cap between development in quality growth areas
and the allotment accounts under Section 
[
63N-5-106
] 
35A-8-2106
.
(2) To obtain an allocation of the volume cap, issuing authorities shall submit to the
board of review an application containing information required by the procedures and
processes of the board of review.
(3) (a) The board of review shall establish criteria for making allocations of volume
cap that are consistent with the purposes of the code and this part.
(b) In making an allocation of volume cap the board of review shall consider the
following:
(i) the principal amount of the bonds proposed to be issued;
(ii) the nature and the location of the project or the type of program;
(iii) the likelihood that the bonds will be sold and the timeframe of bond issuance;
(iv) whether the project or program could obtain adequate financing without an
allocation of volume cap;
(v) the degree to which an allocation of volume cap is required for the project or
program to proceed or continue;
(vi) the social, health, economic, and educational effects of the project or program on
the local community and state as a whole;
(vii) the anticipated economic development created or retained within the local
community and the state as a whole;
(viii) the anticipated number of jobs, both temporary and permanent, created or
retained within the local community and the state as a whole;
(ix) if the project is a residential rental project, the degree to which the residential
rental project:
(A) targets lower income populations; and
(B) is accessible housing; and
(x) whether the project meets the principles of quality growth recommended by the
Quality Growth Commission created [
under
] 
in
 Section 
11-38-201
.
(4) The board of review shall 
provide
 evidence 
of
 an allocation of volume cap by
issuing a certificate in accordance with Section 
[
63N-5-107
] 
35A-8-2107
.
(5) (a) From January 1 to June 30 
of each year
, the board 
of review
 shall set aside at
least 50% of the Small Issue Bond Account that may 
only
 be allocated [
only
] to manufacturing
projects.
(b) From July 1 to August 15 
of each year
, the board 
of review
 shall set aside at least
50% of the Pool Account that may 
only
 be allocated [
only
] to manufacturing projects.
Section 6. Section 
35A-8-2106
, which is renumbered from Section 63N-5-106 is
renumbered and amended to read:
[
63N-5-106
].
 35A-8-2106.
Allotment accounts.
(1) There are created the following allotment accounts:
(a) the Single Family Housing Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue qualified mortgage bonds under Section 143
of the code;
(b) the Student Loan Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue qualified student loan bonds under Section
144(b) of the code;
(c) the Small Issue Bond Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue:
(i) qualified small issue bonds under Section 144(a) of the code;
(ii) qualified exempt facility bonds for qualified residential rental projects under
Section 142(d) of the code; or
(iii) qualified redevelopment bonds under Section 144(c) of the code;
(d) the Exempt Facilities Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue any bonds requiring an allocation of volume
cap other than for purposes described in Subsections (1)(a), (b), or (c);
(e) the Pool Account, for which eligible issuing authorities are those authorized under
the code and state statute to issue any bonds requiring an allocation of volume cap; and
(f) the Carryforward Account, for which eligible issuing authorities are those with
projects or programs qualifying under Section 146(f) of the code.
(2) (a) The volume cap shall be distributed to the [
various
] allotment accounts on
January 1 of each year on the following basis:
(i) 42% to the Single Family Housing Account;
(ii) 33% to the Student Loan Account;
(iii) 1% to the Exempt Facilities Account; and
(iv) 24% to the Small Issue Bond Account.
(b) From July 1 to September 30 of each year, the board of review may transfer any
unallocated volume cap from the Exempt Facilities Account or the Small Issue Bond Account
to the Pool Account.
(c) [
The board of review, upon
] 
Upon
 written notification by the issuing authorities
eligible for volume cap allocation from the Single Family Housing Account or the Student
Loan Account that all or a portion of volume cap distributed into that allotment account will
not be used, 
the board of review
 may transfer the unused volume cap between the Single
Family Housing Account and the Student Loan Account.
(d) From October 1 to the third Friday of December of each year, the board of review
shall transfer all unallocated volume cap into the Pool Account.
(e) On the third Saturday of December 
of each year
, the board of review shall transfer
uncollected volume cap
,
 or allocated volume cap for which bonds have not been issued prior to
the third Saturday of December
,
 into the Carryforward Account.
(f) If the authority to issue bonds designated in any allotment account is rescinded by
amendment to the code, the board of review may transfer any unallocated volume cap from that
allotment account to any other allotment account.
Section 7. Section 
35A-8-2107
, which is renumbered from Section 63N-5-107 is
renumbered and amended to read:
[
63N-5-107
].
 35A-8-2107.
Certificates of allocation.
(1) (a) After an allocation of volume cap for a project or program is approved by the
board of review, the board 
of review
 shall issue a numbered certificate of allocation stating the
amount of the allocation, the allotment account for which the allocation is being made, and the
expiration date of the allocation.
(b) The certificates of allocation shall be mailed to the issuing authority within 10
working days of the date of approval.
(c) [
No bonds
] 
Bonds
 are 
not
 entitled to any allocation of the volume cap unless the
issuing authority received a certificate of allocation with respect to the bonds.
(d) (i) Certificates of allocation shall remain in effect for a period of 90 days from the
date of approval.
(ii) If bonds for which a certificate has been approved are not issued within the 90-day
period, the certificate of allocation is void and volume cap shall be returned to the applicable
allotment account for reallocation by the board of review.
(2) (a) An issuing authority receiving an allocation of volume cap from the
Carryforward Account shall receive a certificate of allocation similar to the certificates of
allocation described in Subsection (1) from the board of review stating the amount of allocation
from the Carryforward Account that has been allocated to the issuing authority and the
expiration of the allocation.
(b) 
(i)
 If in the judgment of the board of review an issuing authority or a person or
entity responsible for a project or program receiving an allocation from the Carryforward
Account does not proceed with diligence in providing for the issuance of the bonds with
respect to the project or program, and because of the lack of diligence the volume cap cannot
be used, the board of review may exclude from [
its
] 
the board of review's
 consideration for a
given period of time, determined by the board of review, an application of the issuing authority,
person, or entity.
(ii)
 The board of review may, at any time, review and modify [
its
] 
the board of review's
decisions relating to [
this exclusion
] 
the exclusion described in this Subsection (2)(b)
.
Section 8. Section 
35A-8-2108
, which is renumbered from Section 63N-5-108 is
renumbered and amended to read:
[
63N-5-108
].
 35A-8-2108.
Issuing authorities -- Limitations -- Duties.
(1) (a) [
Any
] 
Notwithstanding any
 law to the contrary [
notwithstanding
], an issuing
authority issuing bonds without a certificate of allocation issued under Section 
[
63N-5-107
]
35A-8-2107
, or an issuing authority issuing bonds after the expiration of a certificate of
allocation, is not entitled to an allocation of the volume cap for those bonds.
(b) An issuing authority issuing bonds in excess of the amount set forth in the related
certificate of allocation is not entitled to an allocation of the volume cap for the excess.
(2) Each issuing authority shall:
(a) advise the board of review, within 15 days after the issuance of bonds, of the
principal amount of bonds issued under each certificate of allocation by delivering to the board
of review a copy of the Form 8038 that was delivered or shall be delivered to the Internal
Revenue Service in connection with the bonds, or, if no Form 8038 is required to be delivered
to the Internal Revenue Service, a completed copy of a Form 8038 prepared for the board of
review with respect to the bonds; and
(b) if all or a stated portion of the bonds for which a certificate of allocation was
received will not be issued, advise the board of review in writing, within 15 days of the earlier
of:
(i) the final decision not to issue all or a stated portion of the bonds; or
(ii) the expiration of the certificate of allocation.
(3) Failure by an issuing authority to notify the board of review under Subsection (2),
including failure to timely deliver a Form 8038, may, in the sole discretion of the board of
review, result in the [
issuing authority being denied
] 
board of review denying
 further
consideration of applications 
from the issuing authority
.
Section 9. Section 
35A-8-2109
, which is renumbered from Section 63N-5-109 is
renumbered and amended to read:
[
63N-5-109
].
 35A-8-2109.
Procedures -- Adjudicative proceedings.
The board of review shall comply with the procedures and requirements of Title 63G,
Chapter 4, Administrative Procedures Act, in [
its
] 
the board of review's
 adjudicative
proceedings.
Section 10. Section 
35A-8-2110
, which is renumbered from Section 63N-5-110 is
renumbered and amended to read:
[
63N-5-110
].
 35A-8-2110.
Duties of the department.
(1) The [
office
] 
department
 is recognized as an issuing authority as defined in Section
[
63N-5-102
] 
35A-8-2102
, entitled to issue bonds from the Small Issue Bond Account created
in Subsection 
[
63N-5-106
(1)(c)
] 
35A-8-2106
(1)(c)
 as a part of the state's private activity bond
volume cap authorized by the Internal Revenue Code and computed under Section 146, Internal
Revenue Code.
(2) To promote and encourage the issuance of bonds from the Small Issue Bond
Account for manufacturing projects, the [
office
] 
department
 may:
(a) develop campaigns and materials that inform qualified small manufacturing
businesses about the existence of the program and the application process;
(b) assist small businesses in applying for and qualifying for these bonds; and
(c) develop strategies to lower the cost to small businesses of applying for and
qualifying for these bonds, including making arrangements with financial advisors,
underwriters, bond counsel, and other professionals involved in the issuance process to provide
[
their
] services at a reduced rate when the [
division
] 
 department
 can provide [
them
] 
such
service providers
 with a high volume of applicants or issues.
Section 11. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) Subsection 
63A-5-104
(4)(h) is repealed on July 1, 2024.
(2) Section 
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
(3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2018.
(4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
repealed November 30, 2019.
(5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2020.
(6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(7) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
2018.
(8) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2023.
(9) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2020.
(10) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(11) On July 1, 2025:
(a) in Subsection 
17-27a-404
(3)(c)(ii), the language that states "the Resource
Development Coordinating Committee," is repealed;
(b) Subsection 
23-14-21
(2)(c) is amended to read "(c) provide notification of proposed
sites for the transplant of species to local government officials having jurisdiction over areas
that may be affected by a transplant.";
(c) in Subsection 
23-14-21
(3), the language that states "and the Resource Development
Coordinating Committee" is repealed;
(d) in Subsection 
23-21-2.3
(1), the language that states "the Resource Development
Coordinating Committee created in Section 
63J-4-501
 and" is repealed;
(e) in Subsection 
23-21-2.3
(2), the language that states "the Resource Development
Coordinating Committee and" is repealed;
(f) Subsection 
63J-4-102
(1) is repealed and the remaining subsections are renumbered
accordingly;
(g) Subsections 
63J-4-401
(5)(a) and (c) are repealed;
(h) Subsection 
63J-4-401
(5)(b) is renumbered to Subsection 
63J-4-401
(5)(a) and the
word "and" is inserted immediately after the semicolon;
(i) Subsection 
63J-4-401
(5)(d) is renumbered to Subsection 
63J-4-401
(5)(b);
(j) Sections 
63J-4-501
, 
63J-4-502
, 
63J-4-503
, 
63J-4-504
, and 
63J-4-505
 are repealed;
and
(k) Subsection 
63J-4-603
(1)(e)(iv) is repealed and the remaining subsections are
renumbered accordingly.
(12) (a) Subsection 
63J-1-602.4
(15) is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.4
(15), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(13) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(14) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2027.
(15) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
(16) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
repealed January 1, 2021.
(b) Subject to Subsection (16)(c), Sections 
59-7-610
 and 
59-10-1007
 regarding tax
credits for certain persons in recycling market development zones, are repealed for taxable
years beginning on or after January 1, 2021.
(c) A person may not claim a tax credit under Section 
59-7-610
 or 
59-10-1007
:
(i) for the purchase price of machinery or equipment described in Section 
59-7-610
 or
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
(ii) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), if
the expenditure is made on or after January 1, 2021.
(d) Notwithstanding Subsections (16)(b) and (c), a person may carry forward a tax
credit in accordance with Section 
59-7-610
 or 
59-10-1007
 if:
(i) the person is entitled to a tax credit under Section 
59-7-610
 or 
59-10-1007
; and
(ii) (A) for the purchase price of machinery or equipment described in Section
59-7-610
 or 
59-10-1007
, the machinery or equipment is purchased on or before December 31,
2020; or
(B) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), the
expenditure is made on or before December 31, 2020.
(17) Section 
63N-2-512
 is repealed on July 1, 2021.
(18) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection (18)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(19) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2023.
[
(20) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed July
1, 2018.
]
[
(21)
] 
(20)
 Title 63N, Chapter 12, Part 4, Career and Technical Education Board, is
repealed July 1, 2018.
Section 12. Section 
63N-3-111
 is amended to read:
63N-3-111.
Annual policy considerations.
(1) 
(a)
 The board shall determine annually which industries or groups of industries
shall be targeted industries as defined in Section 
63N-3-102
.
(b) The office shall make recommendations to state and federal agencies, local
governments, the governor, and the Legislature regarding policies and initiatives that promote
the economic development of targeted industries.
(c) The office may create one or more voluntary advisory committees that may include
public and private stakeholders to solicit input on policy guidance and best practices in
encouraging the economic development of targeted industries.
(2) In designating an economically disadvantaged rural area, the board shall consider
the average agricultural and nonagricultural wage, personal income, unemployment, and
employment in the area.
(3) In evaluating the economic impact of applications for assistance, the board shall use
an econometric cost-benefit model or models adopted by the Governor's Office of Management
and Budget.
(4) The board may establish:
(a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
such as the rate of unemployment; and
(b) minimum applicant expense ratios, as long as they are at least equal to those
required under Subsection 
63N-3-105
(1)(a) or 
63N-3-108
(1)(b)(i)(A).
Section 13. Section 
63N-3-501
 is enacted to read:
Part 5. Infrastructure and Broadband Coordination
 63N-3-501.
 Infrastructure and broadband coordination.
(1) The office shall partner with the Automated Geographic Reference Center created
in Section 
63F-1-506
 to collect and maintain a database and interactive map that displays
economic development data statewide, including:
(a) voluntarily submitted broadband availability, speeds, and other broadband data;
(b) voluntarily submitted public utility data;
(c) workforce data, including information regarding:
(i) enterprise zones designated under Section 
63N-2-206
;
(ii) business resource centers;
(iii) public institutions of higher education; and
(iv) procurement technical assistance centers;
(d) transportation data, which may include information regarding railway routes,
commuter rail routes, airport locations, and major highways;
(e) lifestyle data, which may include information regarding state parks, national parks
and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
and
(f) other relevant economic development data as determined by the office, including
data provided by partner organizations.
(2) The office may:
(a) make recommendations to state and federal agencies, local governments, the
governor, and the Legislature regarding policies and initiatives that promote the development
of broadband-related infrastructure in the state and help implement those policies and
initiatives;
(b) facilitate coordination between broadband providers and public and private entities;
(c) collect and analyze data on broadband availability and usage in the state, including
Internet speed, capacity, the number of unique visitors, and the availability of broadband
infrastructure throughout the state;
(d) create a voluntary broadband advisory committee, which
Ŝ→ [
may
] 
 shall
 ←Ŝ
include
490a 
broadband
providers and other public and private stakeholders, to solicit input on broadband-related policy
guidance, best practices, and adoption strategies;
(e) work with broadband providers, state and local governments, and other public and
private stakeholders to facilitate and encourage the expansion and maintenance of broadband
infrastructure throughout the state; and
(f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
Procedures Act, and in accordance with federal requirements:
(i) apply for federal grants;
(ii) participate in federal programs; and
(iii) administer federally funded broadband-related programs.
Section 14. 
Repealer.
This bill repeals:
Section 
63N-2-412
,
Technology Commercialization and Innovation Program.
Section 
63N-11-101
,
Title.
Section 
63N-11-102
,
Definitions.
Section 
63N-11-103
,
Duties related to health system reform.
Section 
63N-11-104
,
Creation of Office of Consumer Health Services -- Duties.
Section 
63N-11-105
,
Strategic plan for health system reform.
Section 
63N-11-106
,
Reporting on federal health reform -- Prohibition of
individual mandate.
Section 
63N-12-101
,
Title -- Purpose.
Section 
63N-12-102
,
Definition of terms.
Section 
63N-12-103
,
Creation.
Section 
63N-12-104
,
Members -- Appointment -- Terms -- Qualifications --
Vacancies -- Chair and vice chair -- Executive secretary -- Executive committee --
Quorum -- Expenses.
Section 
63N-12-105
,
Duties and powers.
Section 
63N-12-106
,
Adviser -- Duties and powers.
Section 
63N-12-107
,
Request for information.
Section 
63N-12-108
,
Science education program.
Section 
63N-12-301
,
Title.
Section 
63N-12-302
,
Definitions.
Section 
63N-12-303
,
Creation of center.
Section 
63N-12-304
,
Center responsibilities.
Section 
63N-12-305
,
Reporting.
Section 15. 
Effective date.
This bill takes effect on July 1, 2018.
Legislative Review Note
Office of Legislative Research and General Counsel