Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 175 Fourth Substitute (2018GS)

Sponsor

Rep. Stratton, K.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Joint Committee on Governmental Oversight and establishes the committee's membership;
• establishes that the purpose of the Joint Committee on Governmental Oversight is to increase the transparency, efficiency, effectiveness, and accountability of state and local governmental entities;
• establishes powers and requirements for the committee;
• grants the Joint Committee on Governmental Oversight investigatory powers;
• requires the governor, upon recommendation from the committee, to repeal an administrative rule unless certain conditions are met;
• requires a proposed administrative rule to be approved by the Legislature and governor through a concurrent resolution before taking effect;
• establishes sunset dates; and
• makes conforming changes.

Every vote on this bill

Bill text

OVERSIGHT COMMITTEE CREATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill creates the Joint Committee on Governmental Oversight and establishes
provisions related to the oversight of an administrative rule.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Joint Committee on Governmental Oversight and establishes the
committee's membership;
▸ establishes that the purpose of the Joint Committee on Governmental Oversight is
to increase the transparency, efficiency, effectiveness, and accountability of state
and local governmental entities;
▸ establishes powers and requirements for the committee;
▸ grants the Joint Committee on Governmental Oversight investigatory powers;
▸ requires the governor, upon recommendation from the committee, to repeal an
administrative rule unless certain conditions are met;
▸ requires a proposed administrative rule to be approved by the Legislature and
governor through a concurrent resolution before taking effect;
▸ establishes sunset dates; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-14-2
, as last amended by Laws of Utah 2014, Chapter 339
63G-3-301
, as last amended by Laws of Utah 2017, Chapter 255
63G-6a-204
, as last amended by Laws of Utah 2015, Chapter 218
63I-1-236
, as last amended by Laws of Utah 2017, Chapter 192
63I-1-263
, as last amended by Laws of Utah 2017, Chapters 23, 47, 95, 166, 205, 469,
and 470
ENACTS:
36-31-101
, Utah Code Annotated 1953
36-31-102
, Utah Code Annotated 1953
36-31-103
, Utah Code Annotated 1953
36-31-104
, Utah Code Annotated 1953
63G-3-503
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
36-14-2
 is amended to read:
36-14-2.
Issuers.
(1) Any of the following persons is an issuer, who may issue legislative subpoenas by
following the procedures set forth in this chapter:
(a) the speaker of the House of Representatives;
(b) the president of the Senate;
(c) a chair of any legislative standing committee;
(d) a chair of any legislative interim committee;
(e) a chair of any special committee established by the Legislative Management
Committee, the speaker of the House, or the president of the Senate;
(f) a chair of any subcommittee of the Legislative Management Committee;
(g) a chair of a special investigative committee;
(h) a chair of a Senate or House Ethics Committee;
(i) a chair of the Executive Appropriations Committee as created in 
JR3-2-401
;
(j) a chair of an appropriations subcommittee as created in 
JR3-2-302
;
(k) the chair of the Joint Committee on Governmental Oversight created in Section
36-31-103
;
[
(k)
] 
(l)
 the director of the Office of Legislative Research and General Counsel;
[
(l)
] 
(m)
 the legislative auditor general;
[
(m)
] 
(n)
 the director of the Office of Legislative Fiscal Analyst; and
[
(n)
] 
(o)
 the legislative general counsel.
(2) A legislative body, a legislative office, an issuer, or a legislative staff member
designated by an issuer may:
(a) administer an oath or affirmation; and
(b) take evidence, including testimony.
Section 2. Section 
36-31-101
 is enacted to read:
CHAPTER 31. JOINT COMMITTEE ON GOVERNMENTAL OVERSIGHT
 36-31-101.
Title.
This chapter is known as "Joint Committee on Governmental Oversight."
Section 3. Section 
36-31-102
 is enacted to read:
 36-31-102.
Definitions.
As used in this chapter:
(1) "Committee" means the Joint Committee on Governmental Oversight created under
Section 
36-31-103
.
(2) (a) "Local governmental entity" means the following, or any of the following
department, division, office, institution, bureau, governing board, or committee:
(i) a county;
(ii) a city;
(iii) a town;
(iv) a metro township;
(v) a local district governed by Title 17B, Limited Purpose Local Government Entities
- Local Districts;
(vi) a special service district governed by Title 17D, Chapter 1, Special Service District
Act;
(vii) an interlocal entity or a joint or cooperative undertaking, governed by Title 11,
Chapter 13, Interlocal Cooperation Act;
(viii) a community reinvestment agency governed by Title 17C, Limited Purpose Local
Government Entities - Community Reinvestment Agency Act;
(ix) a local building authority governed by Title 17D, Chapter 2, Local Building
Authority Act;
(x) a conservation district governed by Title 17D, Chapter 3, Conservation District
Act;
(xi) a school district;
(xii) a local school board;
(xiii) a public school;
(xiv) any other political subdivision of the state or an organization within a political
subdivision of the state; and
(xv) an employee of an entity described in Subsections (2)(a)(i) through (xiv) when
acting as an employee of that entity.
(b) "Local governmental entity" does not include:
(i) the Legislature or an entity within the legislative branch of state government;
(ii) the judicial branch of state government or an entity within the judicial branch of
state government; or
(iii) a justice court.
(3) (a) "State governmental entity" means the following, or any of the following
department, division, office, institution, bureau, governing board, or committee:
(i) an agency, department, division, office, institution, bureau, or any other division of
the executive branch of state government;
(ii) an executive branch board, commission, task force, committee, or council;
(iii) an independent entity, as that term is defined in Section 
63E-1-102
;
(iv) a public corporation;
(v) the State Board of Education;
(vi) the State Charter School Board;
(vii) a charter school governing board;
(viii) a charter school;
(ix) an association, as that term is defined in Section 
53A-1-1601
;
(x) the Utah School Boards Association governed by Title 53A, Chapter 5, Utah
School Boards Association;
(xi) the Utah Schools for the Deaf and the Blind;
(xii) the State Board of Regents;
(xiii) the Utah System of Technical Colleges Board of Trustees;
(xiv) an institution within the state system of higher education described in Section
53B-1-102
; and
(xv) an employee of an entity described in Subsections (3)(a)(i) through (xiv) when
acting as an employee of that entity.
(b) "State governmental entity" does not include:
(i) the Legislature or an entity within the legislative branch of state government; or
(ii) the judicial branch of state government or an entity within the judicial branch of
state government.
Section 4. Section 
36-31-103
 is enacted to read:
 36-31-103.
Creation of Joint Committee on Governmental Oversight.
(1) There is created the Joint Committee on Governmental Oversight composed of the
following nine members:
(a) six members of the House of Representatives:
(i) four of whom the speaker of the House shall appoint; and
(ii) two of whom the House minority leader shall appoint; and
(b) three members of the Senate:
(i) two of whom the president of the Senate shall appoint; and
(ii) one of whom the Senate minority leader shall appoint.
(2) (a) The speaker of the House and president of the Senate shall each select a member
of the committee who will serve as chair and vice chair of the committee in accordance with
Subsection (2)(b).
(b) (i) The member appointed by the speaker of the House under Subsection (2)(a)
shall serve as chair of the committee in an even-numbered year and vice chair of the committee
in an odd-numbered year.
(ii) The member appointed by the president of the Senate under Subsection (2)(a) shall
serve as chair of the committee in an odd-numbered year and vice chair of the committee in an
even-numbered year.
(3) The applicable appointing or selecting authority may replace a member of the
committee, or select a new chair or vice chair, at any time.
(4) For the purpose of determining a quorum for the conduct of committee business, a
majority is at least 50% of the committee members from one house of the Legislature and more
than 50% from the other.
(5) Compensation and expenses of a committee member are governed by Section
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(6) The Office of Legislative Research and General Counsel and the Office of the
Legislative Auditor General shall jointly provide staff support to the committee.
Section 5. Section 
36-31-104
 is enacted to read:
 36-31-104.
Purpose and powers.
(1) The committee shall increase the transparency, efficiency, effectiveness, and
accountability of state governmental entities and local governmental entities by:
(a) investigating waste, fraud, misconduct, or abuse by a state governmental entity or a
local governmental entity;
(b) investigating the accounting, expenditure, and handling of a state governmental
entity's or a local governmental entity's funds;
(c) studying a state governmental entity's or a local governmental entity's application,
administration, or execution of a law that the Legislature passes;
(d) investigating whether a state governmental entity or a local governmental entity
complies with an applicable state law or administrative rule;
(e) investigating whether a state governmental entity creates and implements an
administrative rule in accordance with law;
(f) investigating an action that a local governmental entity or state government entity
takes to determine whether the entity takes the action in accordance with best practices and the
best interest of the citizens that the entity serves; and
(g) proposing reforms to state law or administrative rules pursuant to an objective
described in this section.
(2) The committee may:
(a) meet as many times as necessary to accomplish the committee's purpose;
(b) perform an investigation, audit, or study in relation to a duty described in
Subsection (1);
(c) in accordance with Title 36, Chapter 14, Legislative Subpoena Powers:
(i) issue a subpoena;
(ii) compel the attendance of witnesses; or
(iii) compel a person to produce evidence or testimony;
(d) refer a person to the applicable county attorney for possible prosecution;
(e) by a vote of seven committee members, recommend an administrative rule, except
for an administrative rule described in Subsection 
63G-3-502
(2)(b), for repeal and refer the
administrative rule to the governor for review in accordance with Section 
63G-3-503
;
(f) make a recommendation to the Administrative Rules Review Committee of the
Legislature;
(g) open a bill file and recommend legislation for the Legislature's consideration; and
(h) take other appropriate action in accordance with applicable law or rule in relation to
a duty described in Subsection (1).
(3) The committee shall:
(a) submit a written report each year to the Legislative Management Committee
detailing:
(i) the issues the committee investigated or studied since the last report the committee
submitted to the Legislative Management Committee;
(ii) any apparent violations of state or local law, ordinance, or rule that the committee
discovers in relation to an issue described in Subsection (3)(a)(i);
(iii) any action that the committee takes with regards to an issue described in
Subsection (3)(a)(i); and
(iv) any other recommendations that the committee makes, including recommendations
on proposed legislation; and
(b) after taking an action described in Subsection (2)(e), send a letter to the governor
describing the action taken by the committee.
Section 6. Section 
63G-3-301
 is amended to read:
63G-3-301.
Rulemaking procedure.
(1) An agency authorized to make rules is also authorized to amend or repeal those
rules.
(2) Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, 
and except for a rule the
governor repeals under Section 
63G-3-503
,
 when making, amending, or repealing a rule
agencies shall comply with:
(a) the requirements of this section;
(b) consistent procedures required by other statutes;
(c) applicable federal mandates; and
(d) rules made by the department to implement this chapter.
(3) Subject to the requirements of this chapter, each agency shall develop and use
flexible approaches in drafting rules that meet the needs of the agency and that involve persons
affected by the agency's rules.
(4) (a) Each agency shall file its proposed rule and rule analysis with the office.
(b) Rule amendments shall be marked with new language underlined and deleted
language struck out.
(c) (i) The office shall publish the information required under Subsection (8) on the
rule analysis and the text of the proposed rule in the next issue of the bulletin.
(ii) For rule amendments, only the section or subsection of the rule being amended
need be printed.
(iii) If the executive director or the executive director's designee determines that the
rule is too long to publish, the office shall publish the rule analysis and shall publish the rule by
reference to a copy on file with the office.
(5) Before filing a rule with the office, the agency shall conduct a thorough analysis,
consistent with the criteria established by the Governor's Office of Management and Budget, of
the fiscal impact a rule may have on businesses, which criteria may include:
(a) the type of industries that will be impacted by the rule, and for each identified
industry, an estimate of the total number of businesses within the industry, and an estimate of
the number of those businesses that are small businesses;
(b) the individual fiscal impact that would incur to a typical business for a one-year
period;
(c) the aggregated total fiscal impact that would incur to all businesses within the state
for a one-year period;
(d) the total cost that would incur to all impacted entities over a five-year period; and
(e) the department head's comments on the analysis.
(6) If the agency reasonably expects that a proposed rule will have a measurable
negative fiscal impact on small businesses, the agency shall consider, as allowed by federal
law, each of the following methods of reducing the impact of the rule on small businesses:
(a) establishing less stringent compliance or reporting requirements for small
businesses;
(b) establishing less stringent schedules or deadlines for compliance or reporting
requirements for small businesses;
(c) consolidating or simplifying compliance or reporting requirements for small
businesses;
(d) establishing performance standards for small businesses to replace design or
operational standards required in the proposed rule; and
(e) exempting small businesses from all or any part of the requirements contained in
the proposed rule.
(7) If during the public comment period an agency receives comment that the proposed
rule will cost small business more than one day's annual average gross receipts, and the agency
had not previously performed the analysis in Subsection (6), the agency shall perform the
analysis described in Subsection (6).
(8) The rule analysis shall contain:
(a) a summary of the rule or change;
(b) the purpose of the rule or reason for the change;
(c) the statutory authority or federal requirement for the rule;
(d) the anticipated cost or savings to:
(i) the state budget;
(ii) local governments;
(iii) small businesses; and
(iv) persons other than small businesses, businesses, or local governmental entities;
(e) the compliance cost for affected persons;
(f) how interested persons may review the full text of the rule;
(g) how interested persons may present their views on the rule;
(h) the time and place of any scheduled public hearing;
(i) the name and telephone number of an agency employee who may be contacted
about the rule;
(j) the name of the agency head or designee who authorized the rule;
(k) the [
date
] 
day
 on which the rule may become effective following [
the public
comment period
] 
legislative approval
;
(l) the agency's analysis on the fiscal impact of the rule as required under Subsection
(5);
(m) any additional comments the department head may choose to submit regarding the
fiscal impact the rule may have on businesses; and
(n) if applicable, a summary of the agency's efforts to comply with the requirements of
Subsection (6).
(9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a
summary that generally includes the following:
(i) a summary of substantive provisions in the repealed rule which are eliminated from
the enacted rule; and
(ii) a summary of new substantive provisions appearing only in the enacted rule.
(b) The summary required under this Subsection (9) is to aid in review and may not be
used to contest any rule on the ground of noncompliance with the procedural requirements of
this chapter.
(10) A copy of the rule analysis shall be mailed to all persons who have made timely
request of the agency for advance notice of its rulemaking proceedings and to any other person
who, by statutory or federal mandate or in the judgment of the agency, should also receive
notice.
(11) (a) Following the publication date, the agency shall allow at least 30 days for
public comment on the rule.
(b) The agency shall review and evaluate all public comments submitted in writing
within the time period under Subsection (11)(a) or presented at public hearings conducted by
the agency within the time period under Subsection (11)(a).
(12) (a) Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, a proposed rule
becomes effective on [
any date specified by the agency that is no fewer than seven calendar
days after the close of the public comment period under Subsection (11), nor more than 120
days after the publication date.
]
:
(i) the effective date of the concurrent resolution described in Subsection (13); or
(ii) a special effective date established in the rule in accordance with Subsection
(12)(c).
(b) The agency shall provide notice of the rule's effective date to the office in the form
required by the department.
[
(c) The notice of effective date may not provide for an effective date prior to the date
it is received by the office.
]
(c) A special effective date for a rule may not be:
(i) before the rule is approved by the Legislature and governor under Subsection (13);
or
(ii) more than 45 days after the effective date of the concurrent resolution described in
Subsection (13).
(d) The office shall publish notice of the effective date of the rule in the next issue of
the bulletin.
(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is
not filed with the office within 120 days of publication.
(13) (a) Within seven calendar days after the day on which an agency completes the
public comment period for a proposed rule, or, if the agency makes a change to the proposed
rule under Section 
63G-3-303
, within seven calendar days after the day on which the agency
makes the change, the agency shall submit the final text of the proposed rule to:
(i) the Office of Legislative Research and General Counsel;
(ii) the governor; and
(iii) the office.
(b) After the agency submits a proposed rule to the Office of Legislative Research and
General Counsel under Subsection (13)(a), the Legislature may, through a concurrent
resolution and without amendment, vote on the approval of the proposed rule before the end of
the earlier of the next:
(i) special session of the Legislature for which the governor's call lists the proposed
rule for the Legislature's consideration; or
(ii) annual general session of the Legislature.
(c) A proposed rule takes effect on the later of the effective date:
(i) of the concurrent resolution approving the proposed rule; or
(ii) established in the proposed rule.
(d) If the Legislature and governor do not approve a proposed rule through a concurrent
resolution under this Subsection (13), the proposed rule does not take effect.
[
(13)
] 
(14)
 (a) As used in this Subsection [
(13)
] 
(14)
, "initiate rulemaking proceedings"
means the filing, for the purposes of publication in accordance with Subsection (4), of an
agency's proposed rule that is required by state statute.
(b) A state agency shall initiate rulemaking proceedings no later than 180 days after the
effective date of the statutory provision that specifically requires the rulemaking, except under
Subsection [
(13)
] 
(14)
(c).
(c) When a statute is enacted that requires agency rulemaking and the affected agency
already has rules in place that meet the statutory requirement, the agency shall submit the rules
to the Administrative Rules Review Committee for review within 60 days after the statute
requiring the rulemaking takes effect.
(d) If a state agency does not initiate rulemaking proceedings in accordance with the
time requirements in Subsection [
(13)
] 
(14)
(b), the state agency shall appear before the
legislative Administrative Rules Review Committee and provide the reasons for the delay.
Section 7. Section 
63G-3-503
 is enacted to read:
Part 5. Oversight
 63G-3-503.
Governor's repeal of rule referred by oversight committee.
(1) The governor may repeal an administrative rule in accordance with this section.
(2) Within 45 days after the day on which the governor receives a letter described in
Subsection 
36-31-104
(3)(b) from the Joint Committee on Governmental Oversight
recommending the repeal of an administrative rule, the governor shall repeal the administrative
rule unless, after completing a review of the rule, the governor determines that the rule:
(a) is necessary to the discharge of the duties of the agency that made the rule; and
(b) is not contrary to or outside the scope of the legislative grant of authority
underlying the rule.
(3) Notwithstanding Subsection (2), the governor may establish a delayed effective
date for the repeal of an administrative rule of up to 60 days after the day on which the
governor executes the repeal if a delayed effective date is necessary to allow a state agency or a
person affected by the rule time to prepare for the rule's repeal.
(4) After taking an action under Subsection (2) or (3), the governor shall:
(a) create a written statement that:
(i) describes the governor's action; and
(ii) provides reasons why the repealed rule does not meet the standards described in
Subsection (2);
(b) immediately publish the statement on the governor's website; and
(c) immediately send the statement to:
(i) the office;
(ii) the state agency that made the repealed rule; and
(iii) the Joint Committee on Governmental Oversight.
Section 8. Section 
63G-6a-204
 is amended to read:
63G-6a-204.
Applicability of rules and regulations of Utah State Procurement
Policy Board and State Building Board -- Report to interim committee.
(1) Except as provided in Subsection (2), rules made by the board under this chapter
shall govern all procurement units for which the board is the applicable rulemaking authority.
(2) The building board rules governing procurement of construction, design
professional services, and leases apply to the procurement of construction, design professional
services, and leases of real property by the Division of Facilities Construction and
Management.
(3) An applicable rulemaking authority may make its own rules, consistent with this
chapter, governing procurement by a person over which the applicable rulemaking authority
has rulemaking authority.
(4) The board shall make a report on or before July 1 of each year to a legislative
interim committee, designated by the Legislative Management Committee created under
Section 
36-12-6
, on the establishment, implementation, and enforcement of the rules made
under Section 
63G-6a-203
.
(5) Notwithstanding Subsection 
63G-3-301
[
(13)
]
(14)
(b), an applicable rulemaking
authority is required to initiate rulemaking proceedings, for rules required to be made under
this chapter, on or before:
(a) May 13, 2014, if the applicable rulemaking authority is the board; or
(b) January 1, 2015, for each other applicable rulemaking authority.
Section 9. Section 
63I-1-236
 is amended to read:
63I-1-236.
Repeal dates, Title 36.
(1) Section 
36-12-20
 is repealed June 30, 2018.
(2) Sections 
36-26-101
 through 
36-26-104
 are repealed December 31, 2027.
(3) On June 30, 2023:
(a) Title 36, Chapter 31, Joint Committee on Governmental Oversight, is repealed; and
(b) Subsection 
36-14-2
(1)(k) is repealed and the remaining subsections are renumbered
accordingly.
Section 10. 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) On June 30, 2023:
(a) in Subsection 
63G-3-301
(2) the language that states "and except for a rule the
governor repeals under Section 
63G-3-503
," is repealed;
(b) Subsection 
63G-3-301
(8)(k) is amended to read "(8)(k) the date on which the rule
may become effective following the public comment period;";
(c) Subsection 
63G-3-301
(12)(a) is amended to read "(12)(a) Except as provided in
Sections 
63G-3-303
 and 
63G-3-304
, a proposed rule becomes effective on a date specified by
the agency that is no fewer than seven calendar days after the close of the public comment
period under Subsection (11), and no more than 120 days after the rule's publication date.";
(d) Subsection 
63G-3-301
(12)(c) is amended to read "(12)(c) The notice of effective
date for a rule may note provide for an effective date that is before the day on which the office
receives the rule.";
(e) Subsection 
63G-3-301
(13) is repealed and the remaining subsections are
renumbered accordingly; and
(f) Section 
63G-3-503
 is repealed.
[
(8)
] 
(9)
 Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July
1, 2023.
[
(9)
] 
(10)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2020.
[
(10)
] 
(11)
 Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
2026.
[
(11)
] 
(12)
 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)
] 
(13)
 (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)
] 
(14)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(14)
] 
(15)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2027.
[
(15)
] 
(16)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
[
(16)
] 
(17)
 (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
is repealed January 1, 2021.
(b) Subject to Subsection [
(16)
] 
(17)
(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)
] 
(17)
(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)
] 
(18)
 Section 
63N-2-512
 is repealed on July 1, 2021.
[
(18)
] 
(19)
 (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)
] 
(19)
(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)
] 
(20)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, 2023.
[
(20)
] 
(21)
 Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
July 1, 2018.
[
(21)
] 
(22)
 Title 63N, Chapter 12, Part 4, Career and Technical Education Board, is
repealed July 1, 2018.
Legislative Review Note
Office of Legislative Research and General Counsel