Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 84 Third Substitute (2024GS)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• revises definitions;
• replaces the term "Go Utah" with the term "GOEO";
• modifies the membership of the Governor's Office of Economic Opportunity board;
• modifies the membership and duties of the Unified Economic Opportunity Commission;
• modifies provisions about the purpose of the Economic Opportunity Act;
• modifies terms describing the Industrial Assistance Account;
• creates a procurement exception for the Office of Tourism;
• aligns reporting dates;
• modifies grant programs related to broadband services access; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

GOVERNOR'S OFFICE OF ECONOMIC OPPORTUNITY
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to the Governor's Office of Economic Opportunity.
Highlighted Provisions:
This bill:
▸ revises definitions;
▸ replaces the term "Go Utah" with the term "GOEO";
▸ modifies the membership of the Governor's Office of Economic Opportunity board;
▸ modifies the membership and duties of the Unified Economic Opportunity
Commission;
▸ modifies provisions about the purpose of the Economic Opportunity Act;
▸ modifies terms describing the Industrial Assistance Account;
▸ creates a procurement exception for the Office of Tourism;
▸ aligns reporting dates;
▸ modifies grant programs related to broadband services access; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-7-702
, as last amended by Laws of Utah 2021, Chapters 282, 351 and last
amended by Coordination Clause, Laws of Utah 2021, Chapter 187
53B-7-704
, as last amended by Laws of Utah 2021, Chapter 282
53B-10-201
, as last amended by Laws of Utah 2022, Chapter 370
53B-10-203
, as last amended by Laws of Utah 2021, Chapter 282
59-1-403
, as last amended by Laws of Utah 2023, Chapters 21, 52, 86, 259, and 329
63G-6a-804
, as last amended by Laws of Utah 2020, Chapter 257
63I-1-263
, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
212, 218, 249, 270, 448, 489, and 534
63N-1a-102
, as last amended by Laws of Utah 2022, Chapters 200, 362
63N-1a-103
, as enacted by Laws of Utah 2021, Chapter 282
63N-1a-201
, as last amended by Laws of Utah 2023, Chapter 499
63N-1a-202
, as last amended by Laws of Utah 2022, Chapters 200, 362
63N-1a-301
, as last amended by Laws of Utah 2022, Chapters 200, 307
63N-1a-401
, as renumbered and amended by Laws of Utah 2022, Chapter 362
63N-1a-402
, as renumbered and amended by Laws of Utah 2022, Chapter 362
63N-1b-404
, as last amended by Laws of Utah 2023, Chapter 499
63N-2-104.2
, as enacted by Laws of Utah 2022, Chapter 200
63N-2-107
, as last amended by Laws of Utah 2022, Chapter 200
63N-2-504
, as last amended by Laws of Utah 2021, Chapter 282
63N-2-512
, as last amended by Laws of Utah 2023, Chapter 471
63N-2-808
, as last amended by Laws of Utah 2021, Chapter 282
63N-3-105
, as last amended by Laws of Utah 2023, Chapter 499
63N-3-106
, as last amended by Laws of Utah 2023, Chapter 499
63N-3-111
, as last amended by Laws of Utah 2023, Chapter 499
63N-3-112
, as last amended by Laws of Utah 2022, Chapter 362
63N-3-1101
, as enacted by Laws of Utah 2022, Chapter 296
63N-3-1102
, as enacted by Laws of Utah 2022, Chapter 296
63N-4-103
, as last amended by Laws of Utah 2022, Chapter 274
63N-4-104
, as last amended by Laws of Utah 2022, Chapter 362
63N-4-105
, as last amended by Laws of Utah 2021, Chapter 282
63N-7-102
, as repealed and reenacted by Laws of Utah 2022, Chapter 362
63N-8-102
, as last amended by Laws of Utah 2023, Chapter 499
63N-8-103
, as last amended by Laws of Utah 2023, Chapter 499
63N-8-104
, as last amended by Laws of Utah 2021, Chapter 282
63N-13-305
, as last amended by Laws of Utah 2022, Chapter 240
63N-16-301
, as enacted by Laws of Utah 2021, Chapter 373
63N-17-102
, as enacted by Laws of Utah 2021, Chapter 282
63N-17-201
, as last amended by Laws of Utah 2022, Chapter 458
63N-17-202
, as last amended by Laws of Utah 2023, Chapter 499
63N-17-203
, as enacted by Laws of Utah 2022, Chapter 458
63N-17-301
, as enacted by Laws of Utah 2021, Chapter 282
ENACTS:
63N-17-401
, Utah Code Annotated 1953
REPEALS:
63N-1a-101
, as renumbered and amended by Laws of Utah 2021, Chapter 282
63N-17-101
, as enacted by Laws of Utah 2021, Chapter 282
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-7-702
 is amended to read:
53B-7-702.
Definitions.
As used in this part:
(1) "Account" means the Performance Funding Restricted Account created in Section
53B-7-703
.
(2) "Estimated revenue growth from targeted jobs" means the estimated increase in
individual income tax revenue generated by individuals employed in targeted jobs, determined
by the Department of Workforce Services in accordance with Section 
53B-7-704
.
(3) "Full new performance funding amount" means the maximum amount of new
performance funding that a degree-granting institution or technical college may qualify for in a
fiscal year, determined by the Legislature in accordance with Section 
53B-7-705
.
(4) "Full-time" means the number of credit hours the board determines is full-time
enrollment for a student.
(5) [
"GO Utah office"
] 
"GOEO"
 means the Governor's Office of Economic
Opportunity created in Section 
63N-1a-301
.
(6) "Job" means an occupation determined by the Department of Workforce Services.
(7) "Membership hour" means 60 minutes of scheduled instruction provided by a
technical college to a student enrolled in the technical college.
(8) "New performance funding" means the difference between the total amount of
money in the account and the amount of money appropriated from the account for performance
funding in the current fiscal year.
(9) "Performance" means total performance across the metrics described in [
Sections
53B-7-706
 and 
53B-7-707
] 
Section 
53B-7-706
.
(10) "Research university" means the University of Utah or Utah State University.
(11) "Targeted job" means a job designated by the Department of Workforce Services
or [
the GO Utah office
] 
GOEO
 in accordance with Section 
53B-7-704
.
(12) "Technical college" means:
(a) the same as that term is defined in Section 
53B-1-101.5
; [
and
] 
or
(b) a degree-granting institution acting in the degree-granting institution's technical
education role described in Section 
53B-2a-201
.
(13) "Technical college graduate" means an individual who:
(a) has earned a certificate from an accredited program at a technical college; and
(b) is no longer enrolled in the technical college.
Section 2. Section 
53B-7-704
 is amended to read:
53B-7-704.
Designation of targeted jobs -- Determination of estimated revenue
growth from targeted jobs -- Reporting.
(1) As used in this section, "baseline amount" means the average annual wages for
targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of
Workforce Services using the best available information.
(2) (a) The Department of Workforce Services shall designate, as a targeted job, a job
that:
(i) has a base employment level of at least 100 individuals;
(ii) ranks in the top 20% of jobs for outlook based on:
(A) projected number of openings; and
(B) projected rate of growth;
(iii) ranks in the top 20% of jobs for median annual wage; and
(iv) requires postsecondary training.
(b) The Department of Workforce Services shall designate targeted jobs every other
year.
(c) [
The GO Utah office
] 
GOEO
 may, after consulting with the Department of
Workforce Services and industry representatives, designate a job that has significant industry
importance as a targeted job.
(d) Annually, the Department of Workforce Services and [
the GO Utah office
] 
GOEO
shall report to the Higher Education Appropriations Subcommittee on targeted jobs, including:
(i) the method used to determine which jobs are targeted jobs;
(ii) changes to which jobs are targeted jobs; and
(iii) the reasons for each change described in Subsection (2)(d)(ii).
(3) Based on the targeted jobs described in Subsection (2), the Department of
Workforce Services shall annually determine the estimated revenue growth from targeted jobs
by:
(a) determining the total estimated wages for targeted jobs for the year:
(i) based on the average wages for targeted jobs, calculated using the most recently
available wage data and data from each of the two years before the most recently available
data; and
(ii) using the best available information;
(b) determining the change in estimated wages for targeted jobs by subtracting the
baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
(c) multiplying the change in estimated wages for targeted jobs described in Subsection
(3)(b) by 3.6%.
(4) Annually, at least 30 days before the first day of the legislative general session, the
Department of Workforce Services shall report the estimated revenue growth from targeted
jobs to:
(a) the Office of the Legislative Fiscal Analyst; and
(b) the Division of Finance.
Section 3. Section 
53B-10-201
 is amended to read:
53B-10-201.
Definitions.
As used in this part:
(1) "Award" means a monetary grant awarded in accordance with Section 
53B-10-202
.
(2) "Full-time" means the number of credit hours the board determines is full-time
enrollment for a student for purposes of the program.
(3) [
"GO Utah office"
] 
"GOEO"
 means the Governor's Office of Economic
Opportunity created in Section 
63N-1a-301
.
(4) "Institution" means an institution of higher education described in Subsection
53B-1-102
(1)(a).
(5) "Program" means the Talent Development Award Program created in Section
53B-10-202
.
(6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
individual to work in a qualifying job, as determined by [
the GO Utah office
] 
GOEO
 under
Section 
53B-10-203
.
(7) "Qualifying job" means a job:
(a) described in Section 
53B-10-203
 for which an individual may receive an award for
the current two-year period; or
(b) (i) that was [
selected
] 
identified
 in accordance with Section 
53B-10-203
 at the time
a recipient received an award; and
(ii) (A) for which the recipient is pursuing a qualifying degree;
(B) for which the recipient completed a qualifying degree; or
(C) in which the recipient is working.
(8) "Recipient" means an individual who receives an award.
Section 4. Section 
53B-10-203
 is amended to read:
53B-10-203.
Identification of qualifying jobs and qualifying degrees.
(1) Every other year, [
the GO Utah office
] 
GOEO
 shall [
select
] 
identify
:
(a) five qualifying jobs that:
(i) have the highest demand for new employees; and
(ii) offer high wages; and
(b) the qualifying degrees for each qualifying job.
(2) [
The GO Utah office
] 
GOEO
 shall:
(a) ensure that each qualifying job:
(i) ranks in the top 40% of jobs based on an employment index that considers the job's
growth rate and total openings;
(ii) ranks in the top 40% of jobs for wages; and
(iii) requires an associate's degree or a bachelor's degree; and
(b) report the five qualifying jobs and qualifying degrees to the board.
Section 5. Section 
59-1-403
 is amended to read:
59-1-403.
Confidentiality -- Exceptions -- Penalty -- Application to property tax.
(1) As used in this section:
(a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
(i) the commission administers under:
(A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax Act;
(B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
(C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
(D) Section 
19-6-805
;
(E) Section 
63H-1-205
; or
(F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
and
(ii) with respect to which the commission distributes the revenue collected from the
tax, fee, or charge to a qualifying jurisdiction.
(b) "Qualifying jurisdiction" means:
(i) a county, city, town, or metro township;
(ii) the military installation development authority created in Section 
63H-1-201
; or
(iii) the Utah Inland Port Authority created in Section 
11-58-201
.
(2) (a) Any of the following may not divulge or make known in any manner any
information gained by that person from any return filed with the commission:
(i) a tax commissioner;
(ii) an agent, clerk, or other officer or employee of the commission; or
(iii) a representative, agent, clerk, or other officer or employee of any county, city, or
town.
(b) An official charged with the custody of a return filed with the commission is not
required to produce the return or evidence of anything contained in the return in any action or
proceeding in any court, except:
(i) in accordance with judicial order;
(ii) on behalf of the commission in any action or proceeding under:
(A) this title; or
(B) other law under which persons are required to file returns with the commission;
(iii) on behalf of the commission in any action or proceeding to which the commission
is a party; or
(iv) on behalf of any party to any action or proceeding under this title if the report or
facts shown by the return are directly involved in the action or proceeding.
(c) Notwithstanding Subsection (2)(b), a court may require the production of, and may
admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
pertinent to the action or proceeding.
(3) This section does not prohibit:
(a) a person or that person's duly authorized representative from receiving a copy of
any return or report filed in connection with that person's own tax;
(b) the publication of statistics as long as the statistics are classified to prevent the
identification of particular reports or returns; and
(c) the inspection by the attorney general or other legal representative of the state of the
report or return of any taxpayer:
(i) who brings action to set aside or review a tax based on the report or return;
(ii) against whom an action or proceeding is contemplated or has been instituted under
this title; or
(iii) against whom the state has an unsatisfied money judgment.
(4) (a) Notwithstanding Subsection (2) and for purposes of administration, the
commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, provide for a reciprocal exchange of information with:
(i) the United States Internal Revenue Service; or
(ii) the revenue service of any other state.
(b) Notwithstanding Subsection (2) and for all taxes except individual income tax and
corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
other written statements with the federal government, any other state, any of the political
subdivisions of another state, or any political subdivision of this state, except as limited by
Sections 
59-12-209
 and 
59-12-210
, if the political subdivision, other state, or the federal
government grant substantially similar privileges to this state.
(c) Notwithstanding Subsection (2) and for all taxes except individual income tax and
corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
identity and other information of taxpayers who have failed to file tax returns or to pay any tax
due.
(d) Notwithstanding Subsection (2), the commission shall provide to the director of the
Division of Environmental Response and Remediation, as defined in Section 
19-6-402
, as
requested by the director of the Division of Environmental Response and Remediation, any
records, returns, or other information filed with the commission under Chapter 13, Motor and
Special Fuel Tax Act, or Section 
19-6-410.5
 regarding the environmental assurance program
participation fee.
(e) Notwithstanding Subsection (2), at the request of any person the commission shall
provide that person sales and purchase volume data reported to the commission on a report,
return, or other information filed with the commission under:
(i) Chapter 13, Part 2, Motor Fuel; or
(ii) Chapter 13, Part 4, Aviation Fuel.
(f) Notwithstanding Subsection (2), upon request from a tobacco product manufacturer,
as defined in Section 
59-22-202
, the commission shall report to the manufacturer:
(i) the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the
manufacturer and reported to the commission for the previous calendar year under Section
59-14-407
; and
(ii) the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the
manufacturer for which a tax refund was granted during the previous calendar year under
Section 
59-14-401
 and reported to the commission under Subsection 
59-14-401
(1)(a)(v).
(g) Notwithstanding Subsection (2), the commission shall notify manufacturers,
distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
from selling cigarettes to consumers within the state under Subsection 
59-14-210
(2).
(h) Notwithstanding Subsection (2), the commission may:
(i) provide to the Division of Consumer Protection within the Department of
Commerce and the attorney general data:
(A) reported to the commission under Section 
59-14-212
; or
(B) related to a violation under Section 
59-14-211
; and
(ii) upon request, provide to any person data reported to the commission under
Subsections 
59-14-212
(1)(a) through (c) and Subsection 
59-14-212
(1)(g).
(i) Notwithstanding Subsection (2), the commission shall, at the request of a committee
of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
Planning and Budget, provide to the committee or office the total amount of revenues collected
by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the time period
specified by the committee or office.
(j) Notwithstanding Subsection (2), the commission shall make the directory required
by Section 
59-14-603
 available for public inspection.
(k) Notwithstanding Subsection (2), the commission may share information with
federal, state, or local agencies as provided in Subsection 
59-14-606
(3).
(l) (i) Notwithstanding Subsection (2), the commission shall provide the Office of
Recovery Services within the Department of Health and Human Services any relevant
information obtained from a return filed under Chapter 10, Individual Income Tax Act,
regarding a taxpayer who has become obligated to the Office of Recovery Services.
(ii) The information described in Subsection (4)(l)(i) may be provided by the Office of
Recovery Services to any other state's child support collection agency involved in enforcing
that support obligation.
(m) (i) Notwithstanding Subsection (2), upon request from the state court
administrator, the commission shall provide to the state court administrator, the name, address,
telephone number, county of residence, and social security number on resident returns filed
under Chapter 10, Individual Income Tax Act.
(ii) The state court administrator may use the information described in Subsection
(4)(m)(i) only as a source list for the master jury list described in Section 
78B-1-106
.
(n) (i) As used in this Subsection (4)(n):
(A) [
"GO Utah office"
] 
"GOEO"
 means the Governor's Office of Economic
Opportunity created in Section 
63N-1a-301
.
(B) "Income tax information" means information gained by the commission that is
required to be attached to or included in a return filed with the commission under Chapter 7,
Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
(C) "Other tax information" means information gained by the commission that is
required to be attached to or included in a return filed with the commission except for a return
filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
Income Tax Act.
(D) "Tax information" means income tax information or other tax information.
(ii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
(4)(n)(ii)(B) or (C), the commission shall at the request of [
the GO Utah office
] 
GOEO
 provide
to [
the GO Utah office
] 
GOEO
 all income tax information.
(B) For purposes of a request for income tax information made under Subsection
(4)(n)(ii)(A), [
the GO Utah office
] 
GOEO
 may not request and the commission may not
provide to [
the GO Utah office
] 
GOEO
 a person's address, name, social security number, or
taxpayer identification number.
(C) In providing income tax information to [
the GO Utah office
] 
GOEO
, the
commission shall in all instances protect the privacy of a person as required by Subsection
(4)(n)(ii)(B).
(iii) (A) Notwithstanding Subsection (2) and except as provided in Subsection
(4)(n)(iii)(B), the commission shall at the request of [
the GO Utah office
] 
GOEO
 provide to
[
the GO Utah office
] 
GOEO
 other tax information.
(B) Before providing other tax information to [
the GO Utah office
] 
GOEO
, the
commission shall redact or remove any name, address, social security number, or taxpayer
identification number.
(iv) [
The GO Utah office
] 
GOEO
 may provide tax information received from the
commission in accordance with this Subsection (4)(n) only:
(A) as a fiscal estimate, fiscal note information, or statistical information; and
(B) if the tax information is classified to prevent the identification of a particular
return.
(v) (A) A person may not request tax information from [
the GO Utah office
] 
GOEO
under Title 63G, Chapter 2, Government Records Access and Management Act, or this section,
if [
the GO Utah office
] 
GOEO
 received the tax information from the commission in
accordance with this Subsection (4)(n).
(B) [
The GO Utah office
] 
GOEO
 may not provide to a person that requests tax
information in accordance with Subsection (4)(n)(v)(A) any tax information other than the tax
information [
the GO Utah office
] 
GOEO
 provides in accordance with Subsection (4)(n)(iv).
(o) Notwithstanding Subsection (2), the commission may provide to the governing
board of the agreement or a taxing official of another state, the District of Columbia, the United
States, or a territory of the United States:
(i) the following relating to an agreement sales and use tax:
(A) information contained in a return filed with the commission;
(B) information contained in a report filed with the commission;
(C) a schedule related to Subsection (4)(o)(i)(A) or (B); or
(D) a document filed with the commission; or
(ii) a report of an audit or investigation made with respect to an agreement sales and
use tax.
(p) Notwithstanding Subsection (2), the commission may provide information
concerning a taxpayer's state income tax return or state income tax withholding information to
the Driver License Division if the Driver License Division:
(i) requests the information; and
(ii) provides the commission with a signed release form from the taxpayer allowing the
Driver License Division access to the information.
(q) Notwithstanding Subsection (2), the commission shall provide to the Utah
Communications Authority, or a division of the Utah Communications Authority, the
information requested by the authority under Sections 
63H-7a-302
, 
63H-7a-402
, and
63H-7a-502
.
(r) Notwithstanding Subsection (2), the commission shall provide to the Utah
Educational Savings Plan information related to a resident or nonresident individual's
contribution to a Utah Educational Savings Plan account as designated on the resident or
nonresident's individual income tax return as provided under Section 
59-10-1313
.
(s) Notwithstanding Subsection (2), for the purpose of verifying eligibility under
Sections 
26B-3-106
 and 
26B-3-903
, the commission shall provide an eligibility worker with
the Department of Health and Human Services or its designee with the adjusted gross income
of an individual if:
(i) an eligibility worker with the Department of Health and Human Services or its
designee requests the information from the commission; and
(ii) the eligibility worker has complied with the identity verification and consent
provisions of Sections 
26B-3-106
 and 
26B-3-903
.
(t) Notwithstanding Subsection (2), the commission may provide to a county, as
determined by the commission, information declared on an individual income tax return in
accordance with Section 
59-10-103.1
 that relates to eligibility to claim a residential exemption
authorized under Section 
59-2-103
.
(u) Notwithstanding Subsection (2), the commission shall provide a report regarding
any access line provider that is over 90 days delinquent in payment to the commission of
amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
Telecommunications Service Charges, to the board of the Utah Communications Authority
created in Section 
63H-7a-201
.
(v) Notwithstanding Subsection (2), the commission shall provide the Department of
Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
previous calendar year under Section 
59-24-103.5
.
(w) Notwithstanding Subsection (2), the commission may, upon request, provide to the
Department of Workforce Services any information received under Chapter 10, Part 4,
Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
(x) Notwithstanding Subsection (2), the commission may provide the Public Service
Commission or the Division of Public Utilities information related to a seller that collects and
remits to the commission a charge described in Subsection 
69-2-405
(2), including the seller's
identity and the number of charges described in Subsection 
69-2-405
(2) that the seller collects.
(y) (i) Notwithstanding Subsection (2), the commission shall provide to each qualifying
jurisdiction the collection data necessary to verify the revenue collected by the commission for
a distributed tax, fee, or charge collected within the qualifying jurisdiction.
(ii) In addition to the information provided under Subsection (4)(y)(i), the commission
shall provide a qualifying jurisdiction with copies of returns and other information relating to a
distributed tax, fee, or charge collected within the qualifying jurisdiction.
(iii) (A) To obtain the information described in Subsection (4)(y)(ii), the chief
executive officer or the chief executive officer's designee of the qualifying jurisdiction shall
submit a written request to the commission that states the specific information sought and how
the qualifying jurisdiction intends to use the information.
(B) The information described in Subsection (4)(y)(ii) is available only in official
matters of the qualifying jurisdiction.
(iv) Information that a qualifying jurisdiction receives in response to a request under
this subsection is:
(A) classified as a private record under Title 63G, Chapter 2, Government Records
Access and Management Act; and
(B) subject to the confidentiality requirements of this section.
(z) Notwithstanding Subsection (2), the commission shall provide the Alcoholic
Beverage Services Commission, upon request, with taxpayer status information related to state
tax obligations necessary to comply with the requirements described in Section 
32B-1-203
.
(aa) Notwithstanding Subsection (2), the commission shall inform the Department of
Workforce Services, as soon as practicable, whether an individual claimed and is entitled to
claim a federal earned income tax credit for the year requested by the Department of Workforce
Services if:
(i) the Department of Workforce Services requests this information; and
(ii) the commission has received the information release described in Section
35A-9-604
.
(bb) (i) As used in this Subsection (4)(bb), "unclaimed property administrator" means
the administrator or the administrator's agent, as those terms are defined in Section 
67-4a-102
.
(ii) (A) Notwithstanding Subsection (2), upon request from the unclaimed property
administrator and to the extent allowed under federal law, the commission shall provide the
unclaimed property administrator the name, address, telephone number, county of residence,
and social security number or federal employer identification number on any return filed under
Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
(B) The unclaimed property administrator may use the information described in
Subsection (4)(aa)(ii)(A) only for the purpose of returning unclaimed property to the property's
owner in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
(iii) The unclaimed property administrator is subject to the confidentiality provisions of
this section with respect to any information the unclaimed property administrator receives
under this Subsection (4)(aa).
(5) (a) Each report and return shall be preserved for at least three years.
(b) After the three-year period provided in Subsection (5)(a) the commission may
destroy a report or return.
(6) (a) Any individual who violates this section is guilty of a class A misdemeanor.
(b) If the individual described in Subsection (6)(a) is an officer or employee of the
state, the individual shall be dismissed from office and be disqualified from holding public
office in this state for a period of five years thereafter.
(c) Notwithstanding Subsection (6)(a) or (b), [
the GO Utah office
] 
GOEO
, when
requesting information in accordance with Subsection (4)(n)(iii), or an individual who requests
information in accordance with Subsection (4)(n)(v):
(i) is not guilty of a class A misdemeanor; and
(ii) is not subject to:
(A) dismissal from office in accordance with Subsection (6)(b); or
(B) disqualification from holding public office in accordance with Subsection (6)(b).
(d) Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the
Office of the Legislative Auditor General in accordance with Title 36, Chapter 12, Legislative
Organization, an individual described in Subsection (2):
(i) is not guilty of a class A misdemeanor; and
(ii) is not subject to:
(A) dismissal from office in accordance with Subsection (6)(b); or
(B) disqualification from holding public office in accordance with Subsection (6)(b).
(7) Except as provided in Section 
59-1-404
, this part does not apply to the property tax.
Section 6. Section 
63G-6a-804
 is amended to read:
63G-6a-804.
Purchase of prison industry goods.
(1) As used in this section:
(a) "Applicable procurement unit" means a procurement unit that is not:
(i) a political subdivision of the state; [
or
]
(ii) the Utah Schools for the Deaf and the Blind
; or
(iii) the Utah Office of Tourism
.
(b) "Correctional industries division" means the Division of Correctional Industries,
created in Section 
64-13a-4
.
(c) "Correctional industries director" means the director of the correctional industries
division, appointed under Section 
64-13a-4
.
(2) (a) An applicable procurement unit shall purchase goods and services produced by
the correctional industries division as provided in this section.
(b) A procurement unit that is not an applicable procurement unit may, and is
encouraged to, purchase goods and services under this section.
(c) A procurement unit is not required to use a standard procurement process to
purchase goods or services under this section.
(3) On or before July 1 of each year, the correctional industries director shall:
(a) publish and distribute to all procurement units and other interested public entities a
catalog of goods and services produced by the correctional industries division, including a
description and price of each item offered for sale; and
(b) update and revise the catalog described in Subsection (3)(a) during the year as the
correctional industries director considers necessary.
(4) (a) An applicable procurement unit may not purchase any goods or services
provided by the correctional industries division from any other source unless the correctional
industries director and the procurement official or, in the case of institutions of higher
education, the institutional procurement officer, determine in writing that purchase from the
correctional industries division is not feasible due to one of the following circumstances:
(i) the good or service offered by the correctional industries division does not meet the
reasonable requirements of the procurement unit;
(ii) the good or service cannot be supplied within a reasonable time by the correctional
industries division; or
(iii) the cost of the good or service, including basic price, transportation costs, and
other expenses of acquisition, is not competitive with the cost of procuring the item from
another source.
(b) In cases of disagreement under Subsection (4)(a):
(i) the decision may be appealed to a board consisting of:
(A) the director of the Department of Corrections;
(B) the director of Administrative Services; and
(C) a neutral third party agreed upon by the other two members of the board;
(ii) in the case of an institution of higher education of the state, the president of the
institution, or the president's designee, shall make the final decision; or
(iii) in the case of any of the following entities, a person designated by the rulemaking
authority shall make the final decision:
(A) a legislative procurement unit;
(B) a judicial procurement unit; or
(C) a public transit district.
Section 7. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates: Titles 63A to 63N.
(1) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(6) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
(8) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
December 31, 2026.
(9) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
(10) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
(11) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
(12) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed December
31, 2024.
(13) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is
repealed on July 1, 2028.
(14) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(15) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2028.
(16) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(17) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(18) Subsection 
63J-1-602.2
(25), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(19) Section 
63L-11-204
, creating a canyon resource management plan to Provo
Canyon, is repealed July 1, 2025.
(20) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2033:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1)(a) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
(22) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(23) Title 63M, Chapter 7, Part 8, Sex Offense Management Board, is repealed July1,
2026.
(24) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
(25) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed
January 1, 2025.
(26) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(27) Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed July
1, 2028.
(28) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed
July 1, 2027.
(29) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
repealed July 1, 2025.
(30) In relation to the Rural Employment Expansion Program, on July 1, 2028:
(a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
and
(b) Subsection 
63N-4-805
(5)(b), referring to the Rural Employment Expansion
Program, is repealed.
(31) In relation to the Board of Tourism Development, on July 1, 2025:
(a) Subsection 
63N-2-511
(1)(b), which defines "tourism board," is repealed;
(b) Subsections 
63N-2-511
(3)(a) and (5), the language that states "tourism board" is
repealed and replaced with "Utah Office of Tourism";
(c) Subsection 
63N-7-101
(1), which defines "board," is repealed;
(d) Subsection 
63N-7-102
(3)(c), which requires the Utah Office of Tourism to receive
approval from the Board of Tourism Development, is repealed; and
(e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
(32) Subsection [
63N-8-103
(3)(c)
] 
63N-8-103
(3)(b)
, which allows the Governor's
Office of Economic Opportunity to issue an amount of tax credit certificates only for rural
productions, is repealed on July 1, 2024.
Section 8. Section 
63N-1a-102
 is amended to read:
63N-1a-102.
Definitions.
As used in this title:
(1) "Baseline jobs" means the number of full-time employee positions that existed
within a business entity in the state before the date on which a project related to the business
entity is approved by the office or by the [
GO Utah
] 
GOEO
 board.
(2) "Baseline state revenue" means the amount of state tax revenue collected from a
business entity or the employees of a business entity during the year before the date on which a
project related to the business entity is approved by the office or by the [
GO Utah
] 
GOEO
board.
(3) "Commission" means the Unified Economic Opportunity Commission created in
Section 
63N-1a-201
.
(4) "Economic opportunity agency" includes:
(a) the Department of Workforce Services;
(b) the Department of Cultural and Community Engagement;
(c) the Department of Commerce;
(d) the Department of Natural Resources;
(e) the Office of Energy Development;
(f) the State Board of Education;
(g) institutions of higher education;
(h) the Utah Multicultural Commission;
(i) the World Trade Center Utah;
(j) local government entities;
(k) associations of governments;
(l) the Utah League of Cities and Towns;
(m) the Utah Association of Counties;
(n) the Economic Development Corporation of Utah;
(o) the Small Business Administration;
(p) chambers of commerce;
(q) industry associations;
(r) small business development centers; and
(s) other entities identified by the commission or the executive director.
(5) "Executive director" means the executive director of the office.
(6) "Full-time employee" means an employment position that is filled by an employee
who works at least 30 hours per week and:
(a) may include an employment position filled by more than one employee, if each
employee who works less than 30 hours per week is provided benefits comparable to a
full-time employee; and
(b) may not include an employment position that is shifted from one jurisdiction in the
state to another jurisdiction in the state.
(7) [
"GO Utah board"
] 
"GOEO board"
 means the Board of Economic Opportunity
created in Section 
63N-1a-401
.
(8) "High paying job" means a newly created full-time employee position where the
aggregate average annual gross wage of the employment position, not including health care or
other paid or unpaid benefits, is:
(a) at least 110% of the average wage of the county in which the employment position
exists; or
(b) for an employment position related to a project described in Chapter 2, Part 1,
Economic Development Tax Increment Financing, and that is located within the boundary of a
county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of
the second class and where the municipality has a population of 10,000 or less:
(i) at least 100% of the average wage of the county in which the employment position
exists; or
(ii) an amount determined by rule made by the office in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a
county experiencing economic distress.
(9) (a) "Incremental job" means a full-time employment position in the state that:
(i) did not exist within a business entity in the state before the beginning of a project
related to the business entity; and
(ii) is created in addition to the number of baseline jobs that existed within a business
entity.
(b) "Incremental job" includes a full-time employment position where the employee is
hired:
(i) directly by a business entity; or
(ii) by a professional employer organization, as defined in Section 
31A-40-102
, on
behalf of a business entity.
(10) "New state revenue" means the state revenue collected from a business entity or a
business entity's employees during a calendar year minus the baseline state revenue calculation.
(11) "Office" or [
"GO Utah office"
] 
"GOEO"
 means the Governor's Office of
Economic Opportunity.
(12) "State revenue" means state tax liability paid by a business entity or a business
entity's employees under any combination of the following provisions:
(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
Information;
(c) Title 59, Chapter 10, Part 2, Trusts and Estates;
(d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
(e) Title 59, Chapter 12, Sales and Use Tax Act.
(13) "State strategic goals" means the strategic goals listed in Section 
63N-1a-103
.
(14) "Statewide economic development [
strategy
] 
priorities
" means the economic
development [
strategy
] 
priorities
 developed by the commission in accordance with Section
63N-1a-202
.
(15) "Talent board" means the Talent, Education, and Industry Alignment Board
created in Section 
53B-34-102
.
(16) "Targeted industry" means an industry or group of industries targeted by the
commission under Section 
63N-1a-202
, for economic development in the state.
Section 9. Section 
63N-1a-103
 is amended to read:
63N-1a-103.
Purpose.
(1) The [
mission
] 
purpose
 of the Economic Opportunity Act and the entities
established [
herein
] 
in the act
 is to catalyze strategic economic opportunities for all residents of
the state with a vision of creating economically thriving communities, businesses, and families
throughout the state.
(2) The [
mission and vision are
] 
purpose is
 realized through targeted efforts that
demonstrably improve quality of life, measured by the extent to which the efforts accomplish
the following strategic goals:
(a) catalyzing targeted industry growth;
(b) supporting economically thriving communities;
(c) empowering students and workers with market-relevant skills;
(d) stimulating economic growth in rural and multicultural communities through
household level efforts; and
(e) securing healthy and resilient ecosystems for current and future generations.
Section 10. Section 
63N-1a-201
 is amended to read:
63N-1a-201.
Creation of commission.
(1) There is created in the office the Unified Economic Opportunity Commission,
established to carry out the [
mission
] 
purpose
 described in Section 
63N-1a-103
 and direct the
office and other appropriate entities in fulfilling the state strategic goals.
(2) The commission consists of:
(a) the following voting members:
(i) the governor, who shall serve as the chair of the commission;
(ii) the executive director, who shall serve as the vice chair of the commission;
(iii) the executive director of the Department of Workforce Services;
(iv) the executive director of the Department of Transportation;
(v) the executive director of the Department of Natural Resources;
(vi) the executive director of the Department of Commerce;
(vii) the commissioner of the Department of Agriculture and Food;
(viii) the executive director of the Governor's Office of Planning and Budget;
(ix) the commissioner of higher education;
(x) the state superintendent of public instruction;
(xi) the president of the Senate [
or the president's designee
];
(xii) the speaker of the House of Representatives [
or the speaker's designee
];
(xiii) one individual who is knowledgeable about housing needs in the state, including
housing density and land use, appointed by the governor;
(xiv) one individual who represents the interests of urban cities, appointed by the Utah
League of Cities and Towns; and
(xv) one individual who represents the interests of rural counties, appointed by the
Utah Association of Counties; and
(b) the following non-voting members:
(i) the chief executive officer of World Trade Center Utah;
(ii) the chief executive officer of the Economic Development Corporation of Utah;
(iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
state, appointed by the chair of the commission; and
(iv) the chief executive officer of one of the following entities, appointed by the chair
of the commission:
(A) the Utah Inland Port Authority created in Section 
11-58-201
;
(B) the Point of the Mountain State Land Authority created in Section 
11-59-201
; or
(C) the Military Installation Development Authority created in Section 
63H-1-201
.
(3) 
(a)
 A majority of commission members
, not including a vacancy,
 constitutes a
quorum for the [
purposes
] 
purpose
 of conducting commission business [
and the
]
.
(b) The
 action of a majority of a quorum constitutes the action of the commission.
(4) The executive director of the office, or the executive director's designee, is the
executive director of the commission.
(5) The office shall provide:
(a) office space and administrative staff support for the commission; and
(b) the central leadership and coordination of the commission's efforts in the field of
economic development.
(6) (a) A member may not receive compensation or benefits for the member's service
on the commission, but may receive per diem and travel expenses in accordance with:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a commission member who is a legislator are
governed by Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and
Expenses.
Section 11. Section 
63N-1a-202
 is amended to read:
63N-1a-202.
Commission duties.
(1) The commission shall:
(a) develop, coordinate, and [
lead a comprehensive statewide economic development
strategy that
] 
pursue statewide economic development priorities by
:
(i) setting statewide economic development priorities at least once every three years;
(ii) establishing a temporary working group, staffed by GOEO, as needed to identify
statewide economic development priorities;
(iii) developing policy, funding, or administrative recommendations related to the
statewide economic development priorities; and
(iv) coordinating with and communicating the recommendations to stakeholders,
including state legislators and state agencies;
(b) ensure that the statewide economic development priorities consider state water
policy described in Section 
73-1-21
, including the state's commitment to appropriate
conservation, efficient and optimal use of water resources, infrastructure development and
improvement, optimal agricultural use, water quality, reasonable access to recreational
activities, effective wastewater treatment, and protection and restoration of health ecosystems;
(c) receive feedback, input, and reports from economic opportunity agencies about
programs related to the statewide development economic priorities;
[
(i) unifies and coordinates economic development efforts in the state;
]
[
(ii) includes key performance indicators for long-term progress toward the state
strategic goals;
]
[
(iii) establishes reporting and accountability processes for the key performance
indicators; and
]
[
(iv) ensures the success of the statewide economic development strategy is shared
among the urban and rural areas of the state;
]
[
(b) receive feedback, input, and reports from economic opportunity agencies regarding
programs related to the statewide economic development strategy;
]
[
(c) develop the statewide economic strategy in view of the state water policy described
in Section 
73-1-21
, including the state's commitment to appropriate conservation, efficient and
optimal use of water resources, infrastructure development and improvement, optimal
agricultural use, water quality, reasonable access to recreational activities, effective wastewater
treatment, and protecting and restoring healthy ecosystems;
]
(d) direct and facilitate changes to or recommend elimination of economic
development programs to ensure alignment with the [
mission and vision
] 
purpose
 described in
Section 
63N-1a-103
;
(e) at least once every five years, identify which industries or groups of industries shall
be targeted for economic development in the state;
(f) establish strategies for the recruitment and retention of targeted industries while
respecting the different needs of rural and urban areas throughout the state;
(g) establish strategies for supporting entrepreneurship and small business development
in the state;
(h) analyze the state's projected long-term population and economic growth and plan
for the anticipated impacts of the projected growth in a manner that improves quality of life
and is consistent with the statewide economic development [
strategy
] 
priorities
 and state
strategic goals;
(i) identify gaps and potential solutions related to improving infrastructure, especially
as related to the state's projected long-term population growth;
(j) support the development of a prepared workforce that can support targeted
industries identified by the commission;
(k) coordinate and develop strategies that assist education providers and industry to
cooperate in supporting students in developing market relevant skills to meet industry needs;
(l) develop strategies and plans to ensure comprehensive economic development efforts
are targeted to the unique needs of rural areas of the state;
(m) study the unique needs of multicultural communities throughout the state and
develop household-level plans to ensure residents of the state can participate in economic
opportunities in the state;
(n) ensure the commission's efforts are, to the extent practicable, data-driven and
evidence-based;
(o) support an integrated international trade strategy for the state;
(p) facilitate coordination among public, private, and nonprofit economic opportunity
agencies; and
(q) in performing the commission's duties, consider the recommendations of the
subcommittees described in Chapter 1b, Commission Subcommittees, the [
GO Utah
] 
GOEO
board, the talent board, and any working groups established under Subsection [
(2)
] 
(3)
.
(2) 
Meetings of the temporary working group established in Subsection (1)(a)(ii) are
not subject to Title 52, Chapter 4, Open and Public Meetings Act.
(3)
 The commission may establish working groups as is [
deemed
] appropriate to assist
and advise the commission on specified topics or issues related to the commission's duties.
[
(3)
] 
(4)
 The commission shall provide a report to the office for inclusion in the office's
annual written report described in Section 
63N-1a-306
[
,
] that includes:
(a) the 
activity to achieve the
 statewide economic development [
strategy
] 
priorities
;
(b) a description of how the commission fulfilled the commission's statutory purposes
and duties during the year, including any relevant findings; 
and
[
(c) the key performance indicators included in the statewide economic development
strategy, including data showing the extent to which the indicators are being met; and
]
[
(d)
] 
(c)
 any legislative recommendations.
Section 12. Section 
63N-1a-301
 is amended to read:
63N-1a-301.
Creation of office -- Responsibilities.
(1) There is created the Governor's Office of Economic Opportunity.
(2) The office is:
(a) responsible for implementing the statewide economic development [
strategy
]
priorities
 developed by the commission; and
(b) the industrial and business promotion authority of the state.
(3) The office shall:
(a) consistent with the statewide economic development strategy, coordinate and align
into a single effort the activities of the economic opportunity agencies in the field of economic
development;
(b) provide support and direction to economic opportunity agencies in establishing
goals, metrics, and activities that align with the statewide economic development strategy;
(c) administer and coordinate state and federal economic development grant programs;
(d) promote and encourage the economic, commercial, financial, industrial,
agricultural, and civic welfare of the state;
(e) promote and encourage the employment of workers in the state and the purchase of
goods and services produced in the state by local businesses;
(f) act to create, develop, attract, and retain business, industry, and commerce in the
state[
;
]
:
(i) in accordance with the statewide economic development [
plan
] 
priorities
 and
commission directives; and
(ii) subject to the restrictions in Section 
11-41-103
;
(g) act to enhance the state's economy;
(h) act to assist strategic industries that are likely to drive future economic growth;
(i) assist communities in the state in developing economic development capacity and
coordination with other communities;
(j) identify areas of education and workforce development in the state that can be
improved to support economic and business development;
(k) consistent with direction from the commission, develop core strategic priorities for
the office, which may include:
(i) enhancing statewide access to entrepreneurship opportunities and small business
support;
(ii) focusing industry recruitment and expansion of targeted industries;
(iii) ensuring that in awarding competitive economic development incentives the office
accurately measures the benefits and costs of the incentives; and
(iv) assisting communities with technical support to aid those communities in
improving economic development opportunities;
(l) submit an annual written report as described in Section 
63N-1a-306
; and
(m) perform other duties as provided by the Legislature.
(4) [
In order to perform its
] 
To perform the office's
 duties under this title, the office
may:
(a) enter into a contract or agreement with, or make a grant to, a public or private
entity, including a municipality, if the contract or agreement is not in violation of state statute
or other applicable law;
(b) except as provided in Subsection (4)(c), receive and expend funds from a public or
private source for any lawful purpose that is in the state's best interest; and
(c) solicit and accept a contribution of money, services, or facilities from a public or
private donor, but may not use the contribution for publicizing the exclusive interest of the
donor.
(5) Money received under Subsection (4)(c) shall be deposited into the General Fund as
dedicated credits of the office.
(6) (a) The office shall:
(i) obtain the advice of the [
GO Utah
] 
GOEO
 board before implementing a change to a
policy, priority, or objective under which the office operates; and
(ii) provide periodic updates to the commission regarding the office's efforts under
Subsections (3)(a) and (b).
(b) Subsection (6)(a)(i) does not apply to the routine administration by the office of
money or services related to the assistance, retention, or recruitment of business, industry, or
commerce in the state.
Section 13. Section 
63N-1a-401
 is amended to read:
63N-1a-401.
Creation of Board of Economic Opportunity.
(1) (a) There is created within the office the Board of Economic Opportunity,
consisting of [
] 
nine
 members appointed by the chair of the commission, in consultation with
the executive director, to four-year terms of office with the advice and consent of the Senate in
accordance with Title 63G, Chapter 24, Part 2, Vacancies[
,
]
.
(b) The nine members described in Subsection (1)(a) shall include:
(i) one member associated with the state's rural communities;
(ii) one member associated with direct entrepreneurship in the state; and
(iii)
 at least five [
of whom reside in a county of the third, fourth, fifth, or sixth class
]
members, other than the members described in Subsections (1)(b)(i) and (ii), that are associated
with a targeted industry
.
[
(b)
] 
(c)
 Notwithstanding the requirements of Subsection (1)(a), the chair of the
commission shall, at the time of appointment or reappointment, adjust the length of terms to
ensure that the terms of board members are staggered so that approximately half of the board is
appointed every two years.
[
(c)
] 
(d)
 The members may not serve more than two full consecutive terms except
[
where
] 
when
 the chair of the commission determines that an additional term is in the best
interest of the state.
[
(2) In appointing members of the board, the chair of the commission shall ensure
that:
]
[
(a) no more than eight members of the board are from one political party; and
]
[
(b) members represent a variety of geographic areas and economic interests of the
state.
]
[
(3)
] 
(2)
 When a vacancy occurs in the membership for any reason, the replacement
shall be appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2,
Vacancies.
[
(4) Eight members of the board constitute a quorum for conducting board business
and exercising board power.
]
[
(5)
] 
(3)
 The chair of the commission shall select one board member as the board's
chair and one member as the board's vice chair.
[
(6)
] 
(4)
 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
.
[
(7)
] 
(5)
 A member shall comply with the conflict of interest provisions described in
Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 14. Section 
63N-1a-402
 is amended to read:
63N-1a-402.
Board of Economic Opportunity duties and powers.
(1) The [
GO Utah
] 
GOEO
 board shall advise and assist the office to:
(a) promote and encourage the economic, commercial, financial, industrial,
agricultural, and civic welfare of the state;
(b) promote and encourage the development, attraction, expansion, and retention of
businesses, industries, and commerce in the state;
(c) support the efforts of local government and regional nonprofit economic
development organizations to encourage expansion or retention of businesses, industries, and
commerce in the state;
(d) act to enhance the state's economy;
(e) develop policies, priorities, and objectives regarding the assistance, retention, or
recruitment of business, industries, and commerce in the state;
(f) administer programs for the assistance, retention, or recruitment of businesses,
industries, and commerce in the state;
(g) ensure that economic development programs are available to all areas of the state in
accordance with federal and state law;
(h) identify local, regional, and statewide rural economic development and planning
priorities;
(i) understand, through study and input, issues relating to local, regional, and statewide
rural economic development, including challenges, opportunities, best practices, policy,
planning, and collaboration;
(j) make recommendations regarding loans, grants, or other assistance from the
Industrial Assistance Account as provided in Section 
63N-3-105
; and
(k) maintain ethical and conflict of interest standards consistent with those imposed on
a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
[
GO Utah
] 
GOEO
 board may, in consultation with the executive director, make rules for the
conduct of the [
GO Utah
] 
GOEO
 board's business.
Section 15. Section 
63N-1b-404
 is amended to read:
63N-1b-404.
Annual report.
(1) The subcommittee shall annually prepare a report for inclusion in the commission's
report to the office under Subsection [
63N-1a-202
(3)
] 
63N-1a-202
(4)
.
(2) The report described in Subsection (1) shall:
(a) describe how the subcommittee fulfilled the subcommittee's statutory purposes and
duties during the year; and
(b) contain recommendations on how the state should act to address issues relating to
women in the economy.
Section 16. Section 
63N-2-104.2
 is amended to read:
63N-2-104.2.
Written agreement -- Contents -- Grounds for amendment or
termination.
(1) If the office determines that a business entity is eligible for a tax credit under
Section 
63N-2-104.1
, the office may enter into a written agreement with the business entity
that:
(a) establishes performance benchmarks for the business entity to claim a tax credit,
including any minimum wage requirements;
(b) specifies the maximum amount of tax credit that the business entity may be
authorized for a taxable year and over the life of the new commercial project, subject to the
limitations in Section 
63N-2-104.3
;
(c) establishes the length of time the business entity may claim a tax credit;
(d) requires the business entity to retain records supporting a claim for a tax credit for
at least four years after the business entity claims the tax credit;
(e) requires the business entity to submit to audits for verification of any tax credit
claimed; and
(f) requires the business entity, in order to claim a tax credit, to meet the requirements
of Section 
63N-2-105
.
(2) In establishing the terms of a written agreement, including the duration and amount
of tax credit that the business entity may be authorized to receive, the office shall:
(a) authorize the tax credit in a manner that provides the most effective incentive for
the new commercial project;
(b) consider the following factors:
(i) whether the new commercial project provides vital or specialized support to supply
chains;
(ii) whether the new commercial project provides an innovative product, technology, or
service;
(iii) the number and wages of new incremental jobs associated with the new
commercial project;
(iv) the amount of financial support provided by local government entities for the new
commercial project;
(v) the amount of capital expenditures associated with the new commercial project;
(vi) whether the new commercial project returns jobs transferred overseas;
(vii) the rate of unemployment in the county in which the new commercial project is
located;
(viii) whether the new commercial project creates a remote work opportunity;
(ix) whether the new commercial project is located in a development zone created by a
local government entity as described in Subsection 
63N-2-104
(2);
(x) whether the business entity commits to hiring Utah workers for the new
commercial project;
(xi) whether the business entity adopts a corporate citizenry plan or supports initiatives
in the state that advance education, gender equality, diversity and inclusion, work-life balance,
environmental or social good, or other similar causes;
(xii) whether the business entity's headquarters are located within the state;
(xiii) the likelihood of other business entities relocating to another state as a result of
the new commercial project;
(xiv) the necessity of the tax credit for the business entity's expansion in the state or
relocation from another state; and
(xv) the location and impact of the new commercial project on existing and planned
transportation facilities, existing and planned housing, including affordable housing, and public
infrastructure; and
(c) consult with the [
GO Utah
] 
GOEO
 board.
(3) [
(a)
] In determining the amount of tax credit that a business entity may be
authorized to receive under a written agreement, the office may:
[
(i)
] 
(a)
 authorize a higher or optimized amount of tax credit for a new commercial
project located within a development zone created by a local government entity as described in
Subsection 
63N-2-104
(2); and
[
(ii)
] 
(b)
 establish by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, a process by which the office closely approximates the
amount of taxes the business entity paid under Title 59, Chapter 12, Sales and Use Tax Act, for
a capital project.
[
(b) The office may apply a process described in Subsection (3)(a)(ii) to a business
entity only with respect to a new or amended written agreement that takes effect on or after
January 1, 2022.
]
(4) If the office identifies any of the following events after entering into a written
agreement with a business entity, the office and the business entity shall amend, or the office
may terminate, the written agreement:
(a) a change in the business entity's organization resulting from a merger with or
acquisition of another entity located in the state;
(b) a material increase in the business entity's retail operations that results in new state
revenue not subject to the incentive; or
(c) an increase in the business entity's operations that:
(i) is outside the scope of the written agreement or outside the boundaries of a
development zone; and
(ii) results in new state revenue not subject to the incentive.
Section 17. Section 
63N-2-107
 is amended to read:
63N-2-107.
Reports of new state revenue, partial rebates, and tax credits.
(1) Before October 1 of each year, the office shall submit a report to the Governor's
Office of Planning and Budget, the Office of the Legislative Fiscal Analyst, and the Division of
Finance identifying:
(a) (i) the total estimated amount of new state [
revenues
] 
revenue
 created from new
commercial projects;
(ii) the estimated amount of new state [
revenues
] 
revenue
 from new commercial
projects that will be generated from:
(A) sales tax;
(B) income tax; and
(C) corporate franchise and income tax; and
(iii) the minimum number of new incremental jobs and high paying jobs that will be
created before any tax credit is awarded; and
(b) the total estimated amount of tax credits that the office projects that business
entities will qualify to claim under this part.
(2) By the first business day of each month, the office shall submit a report to the
Governor's Office of Planning and Budget, the Office of the Legislative Fiscal Analyst, and the
Division of Finance identifying:
(a) each new written agreement that the office entered into since the last report;
(b) the estimated amount of new state [
revenues
] 
revenue
 that will be generated under
each written agreement described in Subsection (2)(a);
(c) the estimated maximum amount of tax credits that a business entity could qualify
for under each written agreement described in Subsection (2)(a); and
(d) the minimum number of new incremental jobs and high paying jobs that will be
created before any tax credit is awarded.
(3) At the reasonable request of the Governor's Office of Planning and Budget, the
Office of the Legislative Fiscal Analyst, or the Division of Finance, the office shall provide
additional information about the tax credit, new incremental jobs and high paying jobs, costs,
and economic benefits related to this part, if the information is part of a public record as
defined in Section 
63G-2-103
.
(4) By [
June 30
] 
October 1
, the office shall submit to the Economic Development and
Workforce Services Interim Committee, the Business, Economic Development, and Labor
Appropriations Subcommittee, and the governor, a written report that provides an overview of
the implementation and efficacy of the statewide economic development [
strategy
] 
priorities
,
including an analysis of the extent to which the office's programs are aligned with the
prevailing economic conditions expected in the next fiscal year.
Section 18. Section 
63N-2-504
 is amended to read:
63N-2-504.
Independent review committee.
(1) In accordance with rules adopted by the office under Section 
63N-2-509
, the [
GO
Utah
] 
GOEO
 board shall establish a separate, independent review committee to provide
recommendations to the office regarding the terms and conditions of an agreement and to
consult with the office as provided in this part or in rule.
(2) The review committee shall consist of:
(a) one member appointed by the executive director to represent the office;
(b) two members appointed by the mayor or chief executive of the county in which the
qualified hotel is located or proposed to be located;
(c) two members appointed by:
(i) the mayor of the municipality in which the qualified hotel is located or proposed to
be located, if the qualified hotel is located or proposed to be located within the boundary of a
municipality; or
(ii) the mayor or chief executive of the county in which the qualified hotel is located or
proposed to be located, in addition to the two members appointed under Subsection (2)(b), if
the qualified hotel is located or proposed to be located outside the boundary of a municipality;
(d) an individual representing the hotel industry, appointed by [
the Utah Hotel and
Lodging Association
] 
a nonprofit tourism organization
;
(e) an individual representing the commercial development and construction industry,
appointed by the president or chief executive officer of the local chamber of commerce;
(f) an individual representing the convention and meeting planners industry, appointed
by the president or chief executive officer of the local convention and visitors bureau; and
(g) one member appointed by the [
GO Utah
] 
GOEO
 board.
(3) (a) A member serves an indeterminate term and may be removed from the review
committee by the appointing authority at any time.
(b) A vacancy may be filled in the same manner as an appointment under Subsection
(2).
(4) A member of the review committee may not be paid for serving on the review
committee and may not receive per diem or expense reimbursement.
(5) The office shall provide any necessary staff support to the review committee.
Section 19. Section 
63N-2-512
 is amended to read:
63N-2-512.
Hotel Impact Mitigation Fund.
(1) As used in this section:
(a) "Affected hotel" means a hotel built in the state before July 1, 2014.
(b) "Direct losses" means affected hotels' losses of hotel guest business attributable to
the qualified hotel room supply being added to the market in the state.
(c) "Mitigation fund" means the Hotel Impact Mitigation Fund, created in Subsection
(2).
(2) There is created an expendable special revenue fund known as the Hotel Impact
Mitigation Fund.
(3) The mitigation fund shall:
(a) be administered by [
the GO Utah board
] 
GOEO
;
(b) earn interest; and
(c) be funded by:
(i) payments required to be deposited into the mitigation fund by the Division of
Finance under Subsection 
59-12-103
(10);
(ii) money required to be deposited into the mitigation fund under Subsection
17-31-9
(2) by the county in which a qualified hotel is located; and
(iii) any money deposited into the mitigation fund under Subsection (6).
(4) Interest earned by the mitigation fund shall be deposited into the mitigation fund.
(5) (a) In accordance with office rules, [
the GO Utah board
] 
GOEO
 shall annually pay
up to $2,100,000 of money in the mitigation fund:
(i) to affected hotels;
(ii) for four consecutive years, beginning 12 months after the date of initial occupancy
of the qualified hotel occurs; and
(iii) to mitigate direct losses.
(b) (i) If the amount [
the GO Utah board
] 
GOEO
 pays under Subsection (5)(a) in any
year is less than $2,100,000, [
the GO Utah board
] 
GOEO
 shall pay to the Stay Another Day
and Bounce Back Fund, created in Section 
63N-2-511
, the difference between $2,100,000 and
the amount paid under Subsection (5)(a).
(ii) [
The GO Utah board
] 
GOEO
 shall make any required payment under Subsection
(5)(b)(i) within 90 days after the end of the year for which a determination is made of how
much [
the GO Utah board
] 
GOEO
 is required to pay to affected hotels under Subsection (5)(a).
(6) A host local government or qualified hotel owner may make payments to the
Division of Finance for deposit into the mitigation fund.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall, in consultation with [
the Utah Hotel and Lodging Association
] 
a nonprofit tourism
organization
 and the county in which the qualified hotel is located, make rules establishing
procedures and criteria governing payments under Subsection (5)(a) to affected hotels.
Section 20. Section 
63N-2-808
 is amended to read:
63N-2-808.
Agreements between office and tax credit applicant and life science
establishment -- Tax credit certificate.
(1) (a) The office, with advice from the [
GO Utah
] 
GOEO
 board, may enter into an
agreement to grant a tax credit certificate to a tax credit applicant selected in accordance with
this part, if the tax credit applicant meets the conditions established in the agreement and under
this part.
(b) The agreement described in Subsection (1)(a) shall:
(i) detail the requirements that the tax credit applicant shall meet prior to receiving a
tax credit certificate;
(ii) require the tax credit certificate recipient to retain records supporting a claim for a
tax credit for at least four years after the tax credit certificate recipient claims a tax credit under
this part; and
(iii) require the tax credit certificate recipient to submit to audits for verification of the
tax credit claimed, including audits by the office and by the State Tax Commission.
(2) (a) The office, with advice from the [
GO Utah
] 
GOEO
 board, shall enter into an
agreement with the life science establishment in which the tax credit applicant invested for
purposes of claiming a tax credit.
(b) The agreement described in Subsection (2)(a):
(i) shall provide the office with a document that expressly and directly authorizes the
State Tax Commission to disclose to the office the life science establishment's tax returns and
other information that would otherwise be subject to confidentiality under Section 
59-1-403
 or
Section 6103, Internal Revenue Code;
(ii) shall authorize the Department of Workforce Services to disclose to the office the
employment data that the life science establishment submits to the Department of Workforce
Services;
(iii) shall require the life science establishment to provide the office with the life
science establishment's current capitalization tables; and
(iv) may require the life science establishment to provide the office with other data
that:
(A) ensure compliance with the requirements of this chapter; and
(B) demonstrate the economic impact of the tax credit applicant's investment in the life
science establishment.
Section 21. Section 
63N-3-105
 is amended to read:
63N-3-105.
Qualification for assistance -- Application requirements.
(1) Subject to the requirements of this part, the administrator may provide loans,
grants, or other financial assistance from the restricted account to an entity offering an
economic opportunity if that entity:
(a) applies to the administrator in a form approved by the administrator; and
(b) meets the qualifications of Subsection (2).
(2) As part of an application for receiving financial assistance under this part, an
applicant shall demonstrate the following to the satisfaction of the administrator:
(a) the nature of the economic opportunity and the related benefit to the economic
well-being of the state by providing evidence documenting the expenditure of money
necessitated by the economic opportunity;
(b) how the economic opportunity will act in concert with other state, federal, or local
agencies to achieve the economic benefit;
(c) that the applicant will expend funds in the state with employees, vendors,
subcontractors, or other businesses in an amount proportional with money provided from the
restricted account at a minimum ratio of one to one per year or other more stringent
requirements as established on a per project basis by the administrator;
(d) for an application for a loan, the applicant's ability to sustain economic activity in
the state sufficient to repay, by means of cash or appropriate credits, the loan provided by the
restricted account; and
(e) any other criteria the administrator considers appropriate.
(3) (a) The administrator may exempt an applicant from any of the requirements of
Subsection (2) if:
(i) the applicant is part of a targeted industry;
(ii) the applicant is a quasi-public corporation organized under Title 16, Chapter 6a,
Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent Corporations
Act, and the applicant's operations, as demonstrated to the satisfaction of the administrator, will
provide significant economic stimulus to the growth of commerce and industry in the state; or
(iii) the [
GO Utah
] 
GOEO
 board recommends awarding a grant to the applicant.
(b) The administrator may not exempt the applicant from the requirement under
Subsection 
63N-3-106
(1)(b) that the loan be structured so that the repayment or return to the
state equals at least the amount of the assistance together with an annual interest charge.
(4) The [
GO Utah
] 
GOEO
 board shall make recommendations to the administrator
regarding applications for loans, grants, or other financial assistance from the Industrial
Assistance Account.
(5) Before awarding any money under this part, the administrator shall:
(a) make findings as to whether an applicant has satisfied the requirements of
Subsection (2);
(b) establish benchmarks and timeframes in which progress toward the completion of
the agreed upon activity is to occur;
(c) monitor compliance by an applicant with any contract or agreement entered into by
the applicant and the state as provided by Section 
63N-3-107
; and
(d) make funding decisions based upon appropriate findings and compliance.
Section 22. Section 
63N-3-106
 is amended to read:
63N-3-106.
Structure of loans, grants, and assistance -- Repayment -- Earned
credits.
(1) (a) Subject to Subsection (1)(b), the administrator has authority to determine the
structure, amount, and nature of any loan, grant, or other financial assistance from the restricted
account.
(b) Loans made under this part shall be structured so the intended repayment or return
to the state, including cash or credit, equals at least the amount of the assistance together with
an annual interest charge as negotiated by the administrator.
(c) Payments resulting from grants awarded from the restricted account shall be made
only after the administrator has determined that the company has satisfied the conditions upon
which the payment or earned credit was based.
(2) (a) The administrator may provide for a system of earned credits that may be used
to support grant payments or in lieu of cash repayment of a restricted account loan obligation.
(b) The value of the credits described in Subsection (2)(a) shall be based on factors
determined by the administrator, including:
(i) the number of Utah jobs created;
(ii) the increased economic activity in Utah; or
(iii) other events and activities that occur as a result of the restricted account assistance.
(3) (a) A cash loan repayment or other cash recovery from a company receiving
assistance under this section, including interest, shall be deposited into the restricted account.
(b) The administrator and the Division of Finance shall determine the manner of
recognizing and accounting for the earned credits used in lieu of loan repayments or to support
grant payments as provided in Subsection (2).
(4) (a) (i) At the end of each fiscal year, the Division of Finance shall [
set aside
]
transfer
 the balance of the General Fund revenue surplus as defined in Section 
63J-1-312
 after
the transfers of General Fund revenue surplus described in Subsection (4)(b) to the Industrial
Assistance Account in an amount equal to any credit that has accrued under this part[
.
]
;
(ii) [
The set aside
] 
the transfer
 under Subsection (4)(a)(i) [
shall be
] 
is
 capped at
$50,000,000[
, at which time no subsequent contributions may be made and any interest accrued
above the $50,000,000 cap shall be deposited
]
;and
(iii) the Division of Finance shall deposit any interest accrued above the $50,000,000
cap
 into the General Fund.
(b) The [
set aside
] 
Division of Finance shall make the transfer
 required by Subsection
(4)(a) [
shall be made
] after the [
transfer of surplus
] 
Division of Finance transfers the
 General
Fund revenue surplus [
is made
]:
(i) to the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as
provided in Section 
63J-1-315
;
(ii) to the General Fund Budget Reserve Account, as provided in Section 
63J-1-312
;
and
(iii) to the Wildland Fire Suppression Fund or State Disaster Recovery Restricted
Account, as provided in Section 
63J-1-314
.
(c) These credit amounts may not be used for purposes of the restricted account as
provided in this part until appropriated by the Legislature.
Section 23. Section 
63N-3-111
 is amended to read:
63N-3-111.
Annual policy considerations.
(1) (a) 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.
(b) 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 evaluating the economic impact of applications for assistance, the [
GO Utah
]
GOEO
 board shall use an econometric cost-benefit model.
(3) The [
GO Utah
] 
GOEO
 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
(2).
Section 24. Section 
63N-3-112
 is amended to read:
63N-3-112.
Talent development grants.
(1) A for-profit business that is creating new incremental high paying jobs in the state,
may apply to receive a talent development grant from the restricted account.
(2) In accordance with the provisions of this section and in consultation with the [
GO
Utah
] 
GOEO
 board, the administrator may award up to $10,000 per new job created.
(3) The administrator shall designate an application process for a business to apply for
the grant.
(4) A business may apply to receive a grant only after each employee has been
employed at qualifying wage levels for at least 12 consecutive months.
(5) [
Money
] 
The office shall deduct money
 granted for a talent development grant
under this section [
shall be deducted
] from any other money or incentive awarded by the office
to the business.
(6) Grants awarded under this section are only to reimburse a business for the costs
incurred to recruit, hire, train, and otherwise employ an employee in a newly created job.
(7) A
s part of the application process, a
 business shall submit a hiring and training plan
detailing [
what
] 
how
 the grant money will be used [
for as part of the application process
].
(8) The administrator may [
only
] grant an award 
only
 up to an amount that is no more
than 25% of the estimated costs to be incurred by the business for the costs in the hiring and
training plan. 
Section 25. Section 
63N-3-1101
 is amended to read:
63N-3-1101.
Definitions.
As used in this part:
(1) "Grant" means a grant awarded under Section 
63N-3-1102
.
(2) "Program" means the Manufacturing Modernization Grant Program created in
Section 
63N-3-1102
.
(3) "Targeted industry" means an industry or group of industries targeted by the [
GO
Utah
] 
GOEO
 board under Section 
63N-3-111
 for economic development in the state.
Section 26. Section 
63N-3-1102
 is amended to read:
63N-3-1102.
Manufacturing Modernization Grant Program -- Creation --
Purpose -- Requirements -- Rulemaking -- Report.
(1) (a) There is created the Manufacturing Modernization Grant Program to be
administered by the office.
(b) The purpose of the program is to award grants to existing Utah businesses to
establish, relocate, retain, or develop manufacturing industry in the state and lessen dependence
on manufacturing overseas.
(2) (a) An entity that submits a proposal for a grant to the office shall include details in
the proposal regarding:
(i) [
how the entity plans
] 
the entity's plan
 to use the grant to fulfill the purpose
described in Subsection (1)(b);
(ii) any plan to use funding sources in addition to a grant for the proposal; and
(iii) any existing or planned partnerships between the entity and another individual or
entity to implement the proposal.
(b) In evaluating a proposal for a grant, the office shall consider:
(i) the likelihood the proposal will accomplish the purpose described in Subsection
(1)(b);
(ii) the extent to which any additional funding sources or existing or planned
partnerships will benefit the proposal; and
(iii) the viability and sustainability of the proposal.
(c) In determining a grant award, the office:
(i) [
shall
] 
may
 consult with the [
GO Utah
] 
GOEO
 board; and
(ii) may prioritize a targeted industry or an entity with fewer than 250 employees.
(3) Before receiving the grant, a grant recipient shall enter into a written agreement
with the office that specifies:
(a) the grant amount;
(b) the time period and structure for distribution of the grant, including any terms and
conditions the recipient is required to meet to receive a distribution; and
(c) the expenses for which the recipient may use the grant, including:
(i) [
to acquire
] 
acquisition of
 manufacturing equipment;
(ii) production, design, or engineering costs;
(iii) specialized employee training;
(iv) technology upgrades; or
(v) [
to provide
] 
provision of
 a grant to another individual or entity for the expenses
described in Subsections (3)(c)(i) through (iv) or to otherwise fulfill the recipient's proposal.
(4) Subject to Subsection (2), the office may, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, make rules to establish:
(a) the form and process for submitting a proposal to the office for a grant;
(b) [
which
] 
the
 entities 
that
 are eligible to apply for a grant;
(c) the method and formula for determining a grant amount; and
(d) the reporting requirements for a grant recipient.
(5) On or before [
November 30
] 
October 1
 of each year, the office shall provide a
written report to the Economic Development and Workforce Services Interim Committee
regarding:
(a) each grant awarded; and
(b) the economic impact of each grant.
Section 27. Section 
63N-4-103
 is amended to read:
63N-4-103.
Purpose of the Center for Rural Development.
The Center for Rural Development is established to:
(1) foster and support economic development programs and activities for the benefit of
rural counties and communities;
(2) foster and support community, county, and resource management planning
programs and activities for the benefit of rural counties and communities;
(3) foster and support leadership training programs and activities for the benefit of:
(a) rural leaders in both the public and private sectors;
(b) economic development and planning personnel; and
(c) rural government officials;
(4) foster and support efforts to coordinate and focus the technical and other resources
of appropriate institutions of higher education, local governments, private sector interests,
associations, nonprofit organizations, federal agencies, and others, in ways that address the
economic development, planning, and leadership challenges;
(5) work to enhance the capacity of [
the GO Utah office
] 
GOEO
 to address rural
economic development, planning, and leadership training challenges and opportunities by
establishing partnerships and positive working relationships with appropriate public and private
sector entities, individuals, and institutions; and
(6) foster government-to-government collaboration and good working relations
between state and rural government regarding economic development and planning issues.
Section 28. Section 
63N-4-104
 is amended to read:
63N-4-104.
Duties.
(1) The Center for Rural Development shall:
(a) work to enhance the capacity of the office to address rural economic development,
planning, and leadership training challenges and opportunities by establishing partnerships and
positive working relationships with appropriate public and private sector entities, individuals,
and institutions;
(b) work with the [
GO Utah
] 
GOEO
 board to coordinate and focus available resources
in ways that address the economic development, planning, and leadership training challenges
and priorities in rural Utah;
(c) assist in administering the Rural Opportunity Program created in Section
63N-4-802
; and
(d) in accordance with economic development and planning policies set by state
government, coordinate relations between:
(i) the state;
(ii) rural governments;
(iii) other public and private groups engaged in rural economic planning and
development; and
(iv) federal agencies.
(2) [
(a)
] The Center for Rural Development may[
: (i)
] in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, make rules necessary to carry out its
duties[
;
]
.
[
(ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of
rural Utah citizens; and
]
[
(iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
for the use and benefit of rural citizens within the state.
]
[
(b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
]
Section 29. Section 
63N-4-105
 is amended to read:
63N-4-105.
Program manager.
(1) The executive director [
shall
] 
may
 appoint a director for the Center for Rural
Development with the approval of the governor.
(2) The director of the Center for Rural Development shall be a person knowledgeable
in the field of rural economic development and planning and experienced in administration.
(3) Upon change of the executive director, the director of the Center for Rural
Development may not be dismissed without cause for at least 180 days.
Section 30. Section 
63N-7-102
 is amended to read:
63N-7-102.
Utah Office of Tourism created -- Appointment of managing director
-- Responsibilities of tourism office.
(1) There is created within [
the GO Utah office
] 
GOEO
 the Utah Office of Tourism.
(2) (a) The executive director shall appoint a managing director of the tourism office.
(b) The managing director may, with the approval of the executive director, appoint
staff.
(3) The tourism office shall:
(a) be the tourism development authority of the state;
(b) develop a tourism advertising, marketing, branding, destination development, and
destination management program for the state;
(c) receive approval from the board under Subsection 
63N-7-202
(1)(a) before
implementing the program described in Subsection (3)(b);
(d) develop a plan to increase the economic contribution by tourists visiting the state;
(e) plan and conduct a program of information, advertising, and publicity relating to the
recreational, scenic, historic, cultural, and culinary tourist attractions, amenities, and
advantages of the state at large;
(f) encourage and assist in the coordination of the activities of persons, firms,
associations, corporations, travel regions, counties, and governmental agencies engaged in
publicizing, developing, and promoting the tourist attractions, amenities, and advantages of the
state;
(g) conduct a regular and ongoing research program to identify statewide economic
trends and conditions in the tourism sector of the economy; and
(h) ensure that any plan or program developed under this Subsection (3) addresses, but
not be limited to, the following policies:
(i) enhancing the state's image;
(ii) promoting the state as a year-round destination;
(iii) encouraging expenditures by visitors to the state; and
(iv) expanding the markets where the state is promoted.
Section 31. Section 
63N-8-102
 is amended to read:
63N-8-102.
Definitions.
As used in this chapter:
(1) "Digital media company" means a company engaged in the production of a digital
media project.
(2) "Digital media project" means all or part of a production of interactive
entertainment or animated production that is produced for distribution in commercial or
educational markets, which shall include projects intended for Internet or wireless distribution.
(3) "Dollars left in the state" means expenditures made in the state for a state-approved
production, including:
(a) an expenditure that is subject to:
(i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise
and Income Taxes;
(ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;
[
and
]
(iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act,
notwithstanding any sales and use tax exemption allowed by law; or
(iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
(b) payments made to a nonresident only to the extent of the income tax paid to the
state on the payments, the amount of per diems paid in the state, and other direct
reimbursements transacted in the state; and
(c) payments made to a payroll company or loan-out corporation that is registered to do
business in the state, only to the extent of the amount of withholding under Section 
59-10-402
.
(4) "Loan-out corporation" means a corporation owned by one or more artists that
provides services of the artists to a third party production company.
(5) "Motion picture company" means a company engaged in the production of:
(a) motion pictures;
(b) television series; or
(c) made-for-television movies.
(6) "Motion picture incentive" means either a cash rebate from the Motion Picture
Incentive Account or a refundable tax credit under Section 
59-7-614.5
 or 
59-10-1108
.
(7) "New state [
revenues
] 
revenue
" means:
(a) incremental new state sales and use tax [
revenues
] 
revenue
 generated as a result of
a digital media project that a digital media company pays under Title 59, Chapter 12, Sales and
Use Tax Act;
(b) incremental new state tax [
revenues
] 
revenue
 that a digital media company pays as
a result of a digital media project under:
(i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
Information;
(iii) Title 59, Chapter 10, Part 2, Trusts and Estates;
(iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or
(v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
(c) incremental new state [
revenues
] 
revenue
 generated as individual income taxes
under Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
Information, paid by employees of the new digital media project as evidenced by payroll
records from the digital media company; or
(d) a combination of Subsections (7)(a), (b), and (c).
(8) "Payroll company" means a business entity that handles the payroll and becomes
the employer of record for the staff, cast, and crew of a motion picture production.
(9) "Refundable tax credit" means a refundable motion picture tax credit authorized
under Section 
63N-8-103
 and claimed under Section 
59-7-614.5
 or 
59-10-1108
.
(10) "Restricted account" means the Motion Picture Incentive Account created in
Section 
63N-8-103
.
(11) "Rural production" means a state-approved production in which at least 75% of
the total number of production days occur within:
(a) a county of the third, fourth, fifth, or sixth class; or
(b) a county of the second class that has a national park within or partially within the
county's boundaries.
(12) "State-approved production" means a production under Subsections (2) and (5)
that is:
(a) approved by the office and ratified by the [
GO Utah
] 
GOEO
 board; and
(b) produced in the state by a motion picture company.
(13) "Tax credit amount" means the amount the office lists as a tax credit on a tax
credit certificate for a taxable year.
(14) "Tax credit certificate" means a certificate issued by the office that:
(a) lists the name of the applicant;
(b) lists the applicant's taxpayer identification number;
(c) lists the amount of tax credit that the office awards the applicant for the taxable
year; and
(d) may include other information as determined by the office.
Section 32. Section 
63N-8-103
 is amended to read:
63N-8-103.
Motion Picture Incentive Account created -- Cash rebate incentives --
Refundable tax credit incentives.
(1) (a) There is created within the General Fund a restricted account known as the
Motion Picture Incentive Account, which the office shall use to provide cash rebate incentives
for state-approved productions by a motion picture company.
(b) All interest generated from investment of money in the restricted account shall be
deposited in the restricted account.
(c) The restricted account shall consist of an annual appropriation by the Legislature.
(d) The office shall:
(i) with the advice of the [
GO Utah
] 
GOEO
 board, administer the restricted account;
and
(ii) make payments from the restricted account as required under this section.
(e) The cost of administering the restricted account shall be paid from money in the
restricted account.
(2) (a) A motion picture company or digital media company seeking disbursement of
an incentive allowed under an agreement with the office shall follow the procedures and
requirements of this Subsection (2).
(b) The motion picture company or digital media company shall provide the office with
an incentive request form, provided by the office, identifying and documenting the dollars left
in the state and new state [
revenues
] 
revenue
 generated by the motion picture company or
digital media company for state-approved production, including any related tax returns by the
motion picture company, payroll company, digital media company, or loan-out corporation
under Subsection (2)(d).
(c) For a motion picture company, an independent certified public accountant shall:
(i) review the incentive request form submitted by the motion picture company; and
(ii) provide a report on the accuracy and validity of the incentive request form,
including the amount of dollars left in the state, in accordance with the agreed upon procedures
established by the office by rule.
(d) The motion picture company, digital media company, payroll company, or loan-out
corporation shall provide the office with a document that expressly directs and authorizes the
State Tax Commission to disclose the entity's tax returns and other information concerning the
entity that would otherwise be subject to confidentiality under Section 
59-1-403
 or Section
6103, Internal Revenue Code, to the office.
(e) The office shall submit the document described in Subsection (2)(d) to the State
Tax Commission.
(f) Upon receipt of the document described in Subsection (2)(d), the State Tax
Commission shall provide the office with the information requested by the office that the
motion picture company, digital media company, payroll company, or loan-out corporation
directed or authorized the State Tax Commission to provide to the office in the document
described in Subsection (2)(d).
(g) Subject to Subsection (3), for a motion picture company the office shall:
(i) review the incentive request form from the motion picture company described in
Subsection (2)(b) and verify that the incentive request form was reviewed by an independent
certified public accountant as described in Subsection (2)(c); and
(ii) based upon the independent certified public accountant's report under Subsection
(2)(c), determine the amount of the incentive that the motion picture company is entitled to
under the motion picture company's agreement with the office.
(h) Subject to Subsection (3), for a digital media company, the office shall:
(i) ensure the digital media project results in new state [
revenues
] 
revenue
; and
(ii) based upon review of new state [
revenues
] 
revenue
, determine the amount of the
incentive that a digital media company is entitled to under the digital media company's
agreement with the office.
(i) Subject to Subsection (3), if the incentive is in the form of a cash rebate, the office
shall pay the incentive from the restricted account to the motion picture company,
notwithstanding Subsections 
51-5-3
(23)(b) and 
63J-1-105
(6).
(j) If the incentive is in the form of a refundable tax credit under Section 
59-7-614.5
 or
59-10-1108
, the office shall:
(i) issue a tax credit certificate to the motion picture company or digital media
company; and
(ii) provide a digital record of the tax credit certificate to the State Tax Commission.
(k) A motion picture company or digital media company may not claim a motion
picture tax credit under Section 
59-7-614.5
 or 
59-10-1108
 unless the motion picture company
or digital media company has received a tax credit certificate for the claim issued by the office
under Subsection (2)(j)(i).
(l) A motion picture company or digital media company may claim a motion picture
tax credit on the motion picture company's or the digital media company's tax return for the
amount listed on the tax credit certificate issued by the office.
(m) A motion picture company or digital media company that claims a tax credit under
Subsection (2)(l) shall retain the tax credit certificate and all supporting documentation in
accordance with Subsection 
63N-8-104
(6).
(3) (a) Subject to this Subsection (3), the office may issue $6,793,700 in tax credit
certificates under this part in each fiscal year.
[
(b) For the fiscal year ending June 30, 2022, the office may issue $8,393,700 in tax
credit certificates under this part.
]
[
(c)
] 
(b)
 For fiscal years 2023 and 2024, in addition to the amount of tax credit
certificates authorized under Subsection (3)(a), the office may issue $12,000,000 in tax credit
certificates under this part only for rural productions.
[
(d)
] 
(c)
 If the office does not issue tax credit certificates in a fiscal year totaling the
amount authorized under this Subsection (3), the office may carry over that amount for
issuance in subsequent fiscal years.
Section 33. Section 
63N-8-104
 is amended to read:
63N-8-104.
Motion picture incentives -- Standards to qualify for an incentive --
Limitations -- Content of agreement between office and motion picture company or
digital media company.
(1) In addition to the requirements for receiving a motion picture incentive as set forth
in this part, the office, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, shall make rules establishing:
(a) the standards that a motion picture company or digital media company must meet to
qualify for the motion picture incentive; and
(b) criteria for determining the amount of the incentive.
(2) The office shall ensure that those standards include the following:
(a) an incentive may only be issued for a state-approved production by a motion picture
company or digital media company;
(b) financing has been obtained and is in place for the production; and
(c) the economic impact of the production on the state represents new incremental
economic activity in the state as opposed to existing economic activity.
(3) With respect to a digital media project, the office shall consider economic
modeling, including the costs and benefits of the digital media project to state and local
governments in determining the motion picture incentive amount.
(4) The office may also consider giving preference to a production that stimulates
economic activity in rural areas of the state or that has Utah content, such as recognizing that
the production was made in the state or uses Utah as Utah in the production.
(5) (a) The office, with advice from the [
GO Utah
] 
GOEO
 board, may enter into an
agreement with a motion picture company or digital media company that meets the standards
established under this section and satisfies the other qualification requirements under this part.
(b) Subject to Subsection 
63N-8-103
(3), the office may commit or authorize a motion
picture incentive:
(i) to a motion picture company of up to 20% of the dollars left in the state by the
motion picture company, and a motion picture company can receive an additional 5%, not to
exceed 25% of the dollars left in the state by the motion picture company if the company
fulfills certain requirements determined by the office including:
(A) employing a significant percentage of cast and crew from Utah;
(B) highlighting the state of Utah and the Utah Film Commission in the motion picture
credits; or
(C) other promotion opportunities as agreed upon by the office and the motion picture
company; and
(ii) to a digital media company, if the incentive does not exceed 100% of the new state
revenue less the considerations under Subsection (3), but not to exceed 20% of the dollars left
in the state by the digital media company.
(c) The office may not give a cash rebate incentive from the Motion Picture Incentive
Restricted Account for a digital media project.
(6) The office shall ensure that the agreement entered into with a motion picture
company or digital media company under Subsection (5)(a):
(a) details the requirements that the motion picture company or digital media company
must meet to qualify for an incentive under this part;
(b) specifies:
(i) the nature of the incentive; and
(ii) the maximum amount of the motion picture incentive that the motion picture
company or digital media company may earn for a taxable year and over the life of the
production;
(c) establishes the length of time over which the motion picture company or digital
media company may claim the motion picture incentive;
(d) requires the motion picture company or digital media company to retain records
supporting its claim for a motion picture incentive for at least four years after the motion
picture company or digital media company claims the incentive under this part; and
(e) requires the motion picture company or digital media company to submit to audits
for verification of the claimed motion picture incentive.
Section 34. Section 
63N-13-305
 is amended to read:
63N-13-305.
Office oversight over contract performance of facilitator -- Office
reports to Legislature.
(1) The office shall monitor and oversee a facilitator's performance under a contract
under Section 
63N-13-303
 to ensure that the facilitator is fulfilling the requirements of Section
63N-13-304
.
(2) Before [
November 15
] 
October 1
 of each year, the office shall provide an annual
report to the Economic Development and Workforce Services Interim Committee of the
facilitator's activities under this part.
Section 35. Section 
63N-16-301
 is amended to read:
63N-16-301.
Regulatory relief web page.
(1) The regulatory relief office shall create and maintain on [
the GO Utah office's
]
GOEO's
 website a web page that invites residents and businesses in the state to make
suggestions regarding laws and regulations that could be modified or eliminated to reduce the
regulatory burden of residents and businesses in the state.
(2) On at least a quarterly basis, the regulatory relief office shall compile the results of
suggestions from the web page and provide a written report to the governor, the Business and
Labor Interim Committee, and the Economic Development and Workforce Services Interim
Committee that describes the most common suggestions.
(3) In creating the report described in Subsection (2), the regulatory relief office and
the advisory committee:
(a) shall ensure that private information of residents and businesses that make
suggestions on the web page is not made public; and
(b) may evaluate the suggestions and provide analysis and suggestions regarding which
state laws and regulations could be modified or eliminated to reduce the regulatory burden of
residents and businesses in the state while still protecting consumers.
Section 36. Section 
63N-17-102
 is amended to read:
63N-17-102.
Definitions.
As used in this chapter:
(1) "Broadband center" means the Utah Broadband Center created in Section
63N-17-201
.
(2) "Broadband serviceable location" means a business or residential location where
mass-market fixed broadband Internet access service is, or can be, installed.
(3) "Community anchor institution" means an entity that facilitates greater use of
broadband service by individuals who are:
(a) low-income;
(b) unemployed; or
(c) over 65 years old.
[
(2)
] 
(4)
 "Eligible applicant" means:
(a) a telecommunications provider or an Internet service provider;
(b) a local government entity and one or more private entities, collectively, who are
parties to a public-private partnership established for the purpose of expanding affordable
broadband access in the state; or
(c) a tribal government.
(5) "Extremely high cost per location threshold" means the point at which the cost of
installing fiber optics infrastructure exceeds the amount that the government can justify
spending in taxpayer dollars to provide broadband services in a broadband serviceable location
due to terrain, lack of population density, high poverty among potential consumers, or other
factors limiting use of the broadband services.
[
(3)
] 
(6)
 "Public-private partnership" means an arrangement or agreement between a
government entity and one or more private persons to fund and provide for a public need
through the development or operation of a public project in which the private person or persons
share with the government entity the responsibility or risk of developing, owning, maintaining,
financing, or operating the project.
[
(4)
] 
(7)
 "Underserved area" means an area of the state that is underserved in terms of
the area's access to broadband service, as further defined by rule made by the broadband center.
[
(5)
] 
(8)
 "Unserved area" means an area of the state that is [
rural and
] unserved in
terms of the area's access to broadband service, as further defined by rule made by the
broadband center.
Section 37. Section 
63N-17-201
 is amended to read:
63N-17-201.
Utah Broadband Center -- Creation -- Director -- Duties.
(1) There is created within the office the Utah Broadband Center.
(2) The executive director shall appoint a director of the broadband center to oversee
the operations of the broadband center.
(3) The broadband center shall:
(a) ensure that publicly funded broadband projects continue to be publicly accessible
and provide a public benefit;
(b) develop the statewide digital connectivity plan described in Section 
63N-17-203
;
(c) carry out the duties described in Section 
63N-17-202
; and
(d) administer the Broadband Access Grant Program in accordance with Part 3,
Broadband Access Grant Program.
(e) The broadband center shall ensure efficiency with respect to:
(i) expenditure of funds; and
(ii) avoiding duplication of efforts.
(f) The broadband center shall consider administering broadband infrastructure funds
in a manner that:
(i) efficiently maximizes the leverage of federal funding;
(ii) avoids the use of public funds for broadband facilities that duplicate existing
broadband facilities that already meet or exceed federal standards; and
(iii) accounts for the benefits and costs to the state of existing facilities, equipment, and
services of public and private broadband providers.
Section 38. Section 
63N-17-202
 is amended to read:
63N-17-202.
Infrastructure and broadband coordination.
(1) The broadband center shall partner with the Utah Geospatial Resource Center
created in Section 
63A-16-505
 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) public institutions of higher education; and
(iii) APEX accelerators;
(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 broadband center 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
] 
alliance
, which shall include
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 39. Section 
63N-17-203
 is amended to read:
63N-17-203.
Statewide digital connectivity plan.
(1) As used in this section:
(a) "Commission" means the Utah Broadband Center Advisory Commission created in
Section 
36-29-109
.
(b) "Strategic plan" means the statewide digital connectivity plan created in
[
Subsection (2)
] 
accordance with Subsections (2) and (3)
.
(2) The 
broadband
 center shall develop the [
statewide digital connectivity
] 
strategic
plan.
(3) The strategic plan shall include strategies to:
(a) implement broadband connectivity statewide;
(b) promote digital equity;
(c) apply for federal infrastructure funds; and
(d) apply for additional funds.
(4) In developing the strategic plan, the 
broadband
 center shall work with the
commission.
[
(5) The center shall provide the commission with status updates regarding:
]
[
(a) implementation of the commission's recommendations;
]
[
(b) recommendations the center has received from the Transportation Commission,
created in Section 
72-1-301
;
]
[
(c) strategic plan development;
]
[
(d) strategic plan implementation;
]
[
(e) grants received;
]
[
(f) projects funded; and
]
[
(g) recommendations for legislation.
]
[
(6)
] 
(5)
 The 
broadband
 center shall submit the strategic plan to the commission for the
commission's recommendation before finalizing the strategic plan.
[
(7)
] 
(6)
 On or before [
November 30
] 
October 1
 of each year, the 
broadband
 center
shall report to the commission and the Public Utilities, Energy, and Technology Interim
Committee regarding [
the
] status updates [
described in Subsection (5)
].
Section 40. Section 
63N-17-301
 is amended to read:
63N-17-301.
Creation of Broadband Access Grant Program.
(1) There is established a grant program known as the Broadband Access Grant
Program that is administered by the broadband center in accordance with this part.
(2) (a) The broadband center may award a grant under this part to an eligible applicant
[
who
] 
that
 submits to the broadband center an application that includes a proposed project to
extend broadband service to individuals and businesses in an unserved area or an underserved
area by providing last-mile connections to end users.
(b) Subsection (2)(a) does not prohibit the broadband center from awarding a grant for
a proposed project that also includes middle-mile elements that are necessary for the last-mile
connections.
(3) In awarding grants under this part, the broadband center shall:
(a) based on the following criteria and in the order provided, prioritize proposed
projects:
(i) located in unserved areas;
(ii) located in underserved areas;
(iii) (A) that the eligible applicant developed after meaningful engagement with the
impacted community to identify the community's needs and innovative means of providing a
public benefit that addresses the community's needs; and
(B) that include, as a component of the proposed project, a long-term public benefit to
the impacted community developed in response to the eligible applicant's engagement with the
community;
(iv) located in an economically distressed area of the state, as measured by indices of
unemployment, poverty, or population loss;
(v) that make the greatest investment in last-mile connections;
(vi) that provide higher speed broadband access to end users; and
(vii) for which the eligible applicant provides at least 25% of the money needed for the
proposed project, with higher priority to proposed projects for which the eligible applicant
provides a greater percentage of the money needed for the proposed project; and
(b) consider the impact of available funding for the proposed project from other
sources, including money from matching federal grant programs.
[
(4) The broadband center may not award a grant under this part that exceeds
$7,500,000.
]
[
(5)
] 
(4)
 For a project that the eligible applicant cannot complete in a single fiscal year,
the broadband center may distribute grant proceeds for the project over the course of the
project's construction.
[
(6) In awarding grants under this part, the broadband center shall ensure that grant
funds are not used in a manner that causes competition among projects that are substantially
supported by state funds, as determined in accordance with rule made by the broadband center.
]
[
(7)
] 
(5)
 As provided in and subject to the requirements of Title 63G, Chapter 2,
Government Records Access and Management Act, a record submitted to the broadband center
that contains a trade secret or confidential commercial information described in Subsection
63G-2-305
(2) is a protected record.
Section 41. Section 
63N-17-401
 is enacted to read:
 63N-17-401.
Creation of Broadband Equity Access and Deployment Grant
Program.
(1) There is established a grant program known as the Broadband Equity Access and
Deployment Grant Program that is administered by the broadband center in accordance with
this part.
(2) The broadband center shall establish an application process for the Broadband
Equity Access and Deployment Grant Program that requires:
(a) a declaration, signed under penalty of perjury, that the application is complete, true,
and correct;
(b) an acknowledgment that an eligible applicant is subject to audit; and
(c) a declaration that an eligible applicant will meet the requirements of the National
Telecommunications and Information Administration's Broadband Equity Access and
Deployment Program.
(3) (a) Subject to Subsection (3)(b), the broadband center shall establish a method for
determining which eligible applicants receive a grant and the amount of the grant.
(b) The broadband center shall award grants to projects using fiber optics technologies
unless the cost of fiber optics exceeds the extremely high cost per location threshold.
(c) The broadband center shall establish the extremely high cost per location threshold.
(4) Subject to appropriation, the broadband center shall:
(a) collect applications for grant funds from eligible applicants;
(b) determine which applicants qualify for receiving a grant; and
(c) award the grant funds in accordance with the process established under this part.
Section 42. 
Repealer.
This bill repeals:
Section 
63N-1a-101
,
Title.
Section 
63N-17-101
,
Title.
Section 43. 
Effective date.
This bill takes effect on May 1, 2024.