Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 3006 Second Substitute (2020S3)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 4/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• permits the Conservation Commission to make loans from the Agriculture Resource Development Fund to agricultural operations that are financially harmed as a direct result of measures taken to minimize the public's exposure to COVID-19;
• directs the Department of Workforce Services to assist state residents financially harmed by COVID-19 to retain or obtain housing using certain funds;
• directs the Governor's Office of Economic Development to establish and administer a COVID-19 Commercial Rental Assistance Program that grants rental relief to certain businesses that have lost revenue as a direct result of measures taken to minimize the public's exposure to COVID-19;
• requires the Department of Workforce Services to report to the Economic Development and Workforce Services Interim Committee regarding funds spent to assist state residents; and
• requires the Governor's Office of Economic Development to report to the Legislature regarding the COVID-19 Commercial Rental Assistance Program.

Every vote on this bill

Bill text

COVID-19 FINANCIAL RELIEF FUNDING
THIRD SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
 Mike Schultz
LONG TITLE
General Description:
This bill creates a program and funds existing programs and services related to relieving
economic injury to individuals and businesses affected by COVID-19.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ permits the Conservation Commission to make loans from the Agriculture Resource
Development Fund to agricultural operations that are financially harmed as a direct
result of measures taken to minimize the public's exposure to COVID-19;
▸ directs the Department of Workforce Services to assist state residents financially
harmed by COVID-19 to retain or obtain housing using certain funds;
▸ directs the Governor's Office of Economic Development to establish and administer
a COVID-19 Commercial Rental Assistance Program that grants rental relief to
certain businesses that have lost revenue as a direct result of measures taken to
minimize the public's exposure to COVID-19;
▸ requires the Department of Workforce Services to report to the Economic
Development and Workforce Services Interim Committee regarding funds spent to
assist state residents; and
▸ requires the Governor's Office of Economic Development to report to the
Legislature regarding the COVID-19 Commercial Rental Assistance Program.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a repeal date.
Utah Code Sections Affected:
ENACTS:
4-18-106.1
, Utah Code Annotated 1953
35A-8-2301
, Utah Code Annotated 1953
35A-8-2302
, Utah Code Annotated 1953
35A-8-2303
, Utah Code Annotated 1953
63N-14-101
, Utah Code Annotated 1953
63N-14-102
, Utah Code Annotated 1953
63N-14-201
, Utah Code Annotated 1953
63N-14-202
, Utah Code Annotated 1953
63N-14-203
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-18-106.1
 is enacted to read:
 4-18-106.1.
COVID-19 relief loans.
(1) As used in this section, "COVID-19" means:
(a) severe acute respiratory syndrome coronavirus 2; or
(b) the disease caused by severe acute respiratory syndrome coronavirus 2.
(2) The commission may make loans from the Agriculture Resource Development
Fund created in Section 
4-18-106
 to an agricultural operation that is financially harmed as a
direct result of federal, state, or local public health measures taken to minimize the public's
exposure to COVID-19.
(3) A loan the commission makes in accordance with Subsection (2) shall:
(a) be in an amount not to exceed $150,000;
(b) be at an interest rate of 0%; and
(c) have a three-year maximum repayment schedule.
(4) The commission shall make loans described in Subsection (2) using funds:
(a) the state receives from the Coronavirus Relief Fund described in the Coronavirus
Aid, Relief, and Economic Security Act, Pub. L. 116-136;
(b) the Legislature appropriates; and
(c) in a total amount not to exceed $20,000,000.
(5) At the end of each fiscal year, the commission shall transfer all payments made on
loans made under this section to the General Fund.
(6) This section supersedes any conflicting provisions of Utah law.
Section 2. Section 
35A-8-2301
 is enacted to read:
Part 23. COVID-19 Residential Housing Assistance
 35A-8-2301.
Definitions.
As used in this part, "COVID-19" means:
(1) severe acute respiratory syndrome coronavirus 2; or
(2) the disease caused by severe acute respiratory syndrome coronavirus 2.
Section 3. Section 
35A-8-2302
 is enacted to read:
 35A-8-2302.
COVID-19 residential housing assistance -- Rulemaking.
(1) Beginning August 1, 2020, the division shall assist state residents financially
harmed by COVID-19 retain or obtain housing:
(a) through a new or existing housing-related program or service; and
(b) using funds:
(i) the state receives from the Coronavirus Relief Fund described in The Coronavirus
Aid, Relief, and Economic Security Act, Pub. L. 116-136;
(ii) the Legislature appropriates; and
(iii) in a total amount not to exceed $20,000,000.
(2) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for any new program or service the division establishes to
carry out the provisions of this part.
Section 4. Section 
35A-8-2303
 is enacted to read:
 35A-8-2303.
Reporting.
The division shall provide a report to the Economic Development and Workforce
Services Interim Committee before December 31, 2020, regarding money used under this part,
including:
(1) the amount of money used to carry out the provisions of this part;
(2) the number of individuals and families served under this part;
(3) the programs and services used to serve state residents in accordance with this part;
and
(4) any other information the division considers relevant to evaluating assistance
provided to state residents in accordance with this part.
Section 5. Section 
63N-14-101
 is enacted to read:
CHAPTER 14. COVID-19 COMMERCIAL RENTAL ASSISTANCE PROGRAM
Part 1. General Provisions
 63N-14-101.
Title.
This chapter is known as "COVID-19 Commercial Rental Assistance Programs."
Section 6. Section 
63N-14-102
 is enacted to read:
 63N-14-102.
Definitions.
As used in this chapter:
(1) "Business entity" means a business that:
(a) employs fewer than 100 employees;
(b) has the business's principal place of business in this state;
(c) was in operation on February 15, 2020; and
(d) (i) is a small business concern as defined in 15 U.S.C. Sec. 632;
(ii) is tax exempt under Section 501(c)(3) or (19) of the Internal Revenue Code;
(iii) is a Tribal business concern described in 15 U.S.C. Sec. 657a (b)(2)(C); or
(iv) is an individual who:
(A) operates under a sole proprietorship;
(B) operates as an independent contractor; or
(C) is self-employed.
(2) "CARES Act" means the Coronavirus Aid, Relief, and Economic Security Act,
Pub. L. 116-136.
(3) "COVID-19" means:
(a) severe acute respiratory syndrome coronavirus 2; or
(b) the disease caused by severe acute respiratory syndrome coronavirus 2.
(4) "Program" means the COVID-19 Commercial Rental Assistance Program
established in Section 
63N-14-201
.
(5) "Qualified business entity" means a business entity that:
(a) leases commercial property in the state for the purpose of conducting the business
entity's business; and
(b) demonstrates to the office, through affidavit and any additional information the
office requires, that the business entity has lost at least 50% of the business entity's monthly
gross revenue:
(i) for a four-week period beginning on or after February 1, 2020; and
(ii) as a direct result of federal, state, or local public health measures taken to minimize
the public's exposure to COVID-19.
(6) (a) "Rent" means the amount under a rental agreement that a business entity owes a
lessor for the right to occupy commercial property.
(b) "Rent" does not include a charge or fee for a utility the lessor furnishes in
accordance with a rental agreement.
Section 7. Section 
63N-14-201
 is enacted to read:
Part 2. COVID-19 Commercial Rental Assistance
 63N-14-201.
Creation of the COVID-19 Commercial Rental Assistance Program.
(1) The office shall establish and administer a COVID-19 Commercial Rental
Assistance Program in accordance with this chapter.
(2) In administering the program, the office:
(a) shall accept applications for commercial rental assistance;
(b) shall determine whether an applicant for commercial rental assistance is a qualified
business entity; and
(c) subject to Subsection (3), may grant a single month of rental assistance to an
applicant that is a qualified business, in an amount up to the lesser of:
(i) $10,000; or
(ii) (A) if the qualified business entity demonstrates a monthly gross revenue loss of
50% or greater, but less than 71%, an amount equal to 50% of the qualified business entity's
monthly rent; or
(B) if the qualified business entity demonstrates a monthly gross revenue loss of 71%
or greater, an amount equal to 100% of the qualified business entity's monthly rent.
(3) (a) Upon application, a business entity shall disclose whether the business entity
has received or applied for funds from the Paycheck Protection Program described in the
CARES Act.
(b) A qualified business entity that receives funds between February 15, 2020, and June
30, 2020, from the Paycheck Protection Program described in the CARES Act, is only eligible
under this section to receive a single month of rental assistance, in an amount up to the lesser
of:
(i) $5,000; or
(ii) (A) if the qualified business entity demonstrates a monthly gross revenue loss of
50% or greater, but less than 71%, an amount equal to 25% of the qualified business entity's
monthly rent; or
(B) if the qualified business entity demonstrates a monthly gross revenue loss of 71%
or greater, an amount equal to 50% of the qualified business entity's monthly rent.
(c) A qualified business entity described in Subsection (3)(a) that receives more than
the amount for which the qualified business entity is eligible under Subsection (3)(a) shall
return to the office any funds for which the qualified business entity is not eligible.
(4) The office shall provide rental assistance in accordance with this section using
funds:
(a) the state receives from the Coronavirus Relief Fund described in the CARES Act;
(b) the Legislature appropriates; and
(c) in a total amount not to exceed $40,000,000.
Section 8. Section 
63N-14-202
 is enacted to read:
 63N-14-202.
Conflicting provisions -- Rulemaking.
(1) This chapter supersedes any conflicting provisions of Utah law.
(2) The office may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to carry out the provisions of this chapter, including the
method for determining a business entity's loss of gross revenue.
Section 9. Section 
63N-14-203
 is enacted to read:
 63N-14-203.
Reporting.
The office shall include the following in the office's annual report to the governor and
the Legislature regarding the program established under this chapter:
(1) the number of applications submitted under the program;
(2) the number of grants awarded under the program;
(3) the amount of money granted under the program; and
(4) any other information the division considers relevant to evaluating the success of
the program.
Section 10. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 11. 
Repeal dates.
(1) Section 
4-18-106.1
 is repealed on December 31, 2023.
(2) The following sections are repealed on January 1, 2021:
(a) Section 
35A-8-2301
;
(b) Section 
35A-8-2302
;
(c) Section 
35A-8-2303
;
(d) Section 
63N-14-101
;
(e) Section 
63N-14-102
;
(f) Section 
63N-14-201
;
(g) Section 
63N-14-202
; and
(h) Section 
63N-14-203
.