| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 2 | - | Kirk A. Cullimore proposes the following substitute bill: | |
| 1 | + | 02-26 10:50 S.B. 337 | |
| 3 | 2 | 1 | |
| 4 | 3 | Land Use and Development Amendments | |
| 5 | 4 | 2025 GENERAL SESSION | |
| 6 | 5 | STATE OF UTAH | |
| 7 | 6 | Chief Sponsor: Kirk A. Cullimore | |
| 8 | 7 | House Sponsor: | |
| 9 | 8 | 2 | |
| 10 | 9 | ||
| 11 | 10 | 3 | |
| 12 | 11 | LONG TITLE | |
| 13 | 12 | 4 | |
| 14 | 13 | General Description: | |
| 15 | 14 | 5 | |
| 16 | - | This bill creates the Beehive Development Agency and authorizes the | |
| 15 | + | This bill creates the Beehive Development Agency and authorizes the chief executive | |
| 17 | 16 | 6 | |
| 18 | - | Governor's Office of Economic Opportunity to propose significant community | |
| 17 | + | officer of Governor's Office of Economic Opportunity to propose significant community | |
| 19 | 18 | 7 | |
| 20 | - | plans and associated project areas to the Beehive Development Agency. | |
| 19 | + | impact project plans and associated project areas to the Beehive Development Agency. | |
| 21 | 20 | 8 | |
| 22 | 21 | Highlighted Provisions: | |
| 23 | 22 | 9 | |
| 24 | 23 | This bill: | |
| 25 | 24 | 10 | |
| 26 | 25 | ▸ defines terms and modifies definitions; | |
| 27 | 26 | 11 | |
| 28 | 27 | ▸ provides a severability provision; | |
| 29 | 28 | 12 | |
| 30 | 29 | ▸ creates the Beehive Development Agency (agency) under Utah Constitution, Article XI, | |
| 31 | 30 | 13 | |
| 32 | 31 | as a political subdivision of the state that is an independent, nonprofit, separate body | |
| 33 | 32 | 14 | |
| 34 | 33 | corporate and politic, with perpetual succession, and a public corporation; | |
| 35 | 34 | 15 | |
| 36 | 35 | ▸ provides that appropriations to the agency are nonlapsing; | |
| 37 | 36 | 16 | |
| 38 | 37 | ▸ establishes the agency board and describes the agency powers and duties; | |
| 39 | 38 | 17 | |
| 39 | + | ▸ provides that the agency may designate up to three significant community impact project | |
| 40 | + | 18 | |
| 41 | + | areas each calendar year; | |
| 42 | + | 19 | |
| 40 | 43 | ▸ describes the purposes of a significant community impact project; | |
| 41 | - | ||
| 44 | + | 20 | |
| 42 | 45 | ▸ creates a revolving loan fund and establishes a loan committee; | |
| 43 | - | ||
| 46 | + | 21 | |
| 44 | 47 | ▸ authorizes the agency to create a public infrastructure district for a significant community | |
| 45 | - | ||
| 48 | + | 22 | |
| 46 | 49 | project area; | |
| 47 | - | ||
| 50 | + | 23 | |
| 48 | 51 | ▸ describes the potential revenue sources of a significant community impact project area, | |
| 49 | - | 22 | |
| 50 | - | including property tax differential and revenue generated by certain taxes; | |
| 51 | - | 23 | |
| 52 | + | 24 | |
| 53 | + | including property tax differential, sales tax differential, and revenue generated by | |
| 54 | + | 25 | |
| 55 | + | certain taxes; | |
| 56 | + | 26 | |
| 52 | 57 | ▸ repeals provisions establishing the Governor's Office of Economic Opportunity (office) | |
| 53 | - | ||
| 58 | + | 27 | |
| 54 | 59 | board of directors and the Unified Economic Opportunity Commission; | |
| 55 | - | ||
| 60 | + | 28 | |
| 56 | 61 | ▸ creates the Economic Opportunity Coordinating Council (council); | |
| 57 | - | 26 | |
| 58 | - | ▸ changes the executive director of the office to the commissioner of the office; | |
| 59 | - | 27 | |
| 60 | - | ▸ provides that the commissioner of the office shall: | |
| 61 | - | 28 | |
| 62 | - | ● receive guidance from the council regarding statewide strategic objectives; | |
| 63 | - | 1st Sub. S.B. 337 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 64 | 62 | 29 | |
| 63 | + | ▸ changes the executive director of the office to the chief executive officer; | |
| 64 | + | 30 | |
| 65 | + | ▸ provides that the chief executive officer shall: | |
| 66 | + | S.B. 337 S.B. 337 02-26 10:50 | |
| 67 | + | 31 | |
| 68 | + | ● receive direction from the council regarding statewide strategic objectives; | |
| 69 | + | 32 | |
| 65 | 70 | ● establish strategies for and actively recruit targeted industries identified by the council; | |
| 66 | - | ||
| 71 | + | 33 | |
| 67 | 72 | ● encourage a business to permanently relocate to, or significantly expand operations in, | |
| 68 | - | ||
| 73 | + | 34 | |
| 69 | 74 | the state; | |
| 70 | - | ||
| 75 | + | 35 | |
| 71 | 76 | ● establish strategies for and actively support entrepreneurship and small business | |
| 72 | - | ||
| 77 | + | 36 | |
| 73 | 78 | development; | |
| 74 | - | 34 | |
| 75 | - | ● coordinate economic development activities; and | |
| 76 | - | 35 | |
| 77 | - | ● coordinate with various departments and officials in order to consolidate certain state | |
| 78 | - | 36 | |
| 79 | - | housing programs from the Division of Housing and Community Development | |
| 80 | 79 | 37 | |
| 81 | - | ||
| 80 | + | ● coordinate the economic development activities of the office, state, and authorities | |
| 82 | 81 | 38 | |
| 82 | + | including the Military Installation Development Authority, the Utah Inland Port | |
| 83 | + | 39 | |
| 84 | + | Authority, the Point of the Mountain State Land Authority, the Utah Lake Authority, | |
| 85 | + | 40 | |
| 86 | + | the State Fair Park Authority, and the Utah Fairpark Area Investment and Restoration | |
| 87 | + | 41 | |
| 88 | + | District; and | |
| 89 | + | 42 | |
| 90 | + | ● coordinate with various departments and officials in order to consolidate the Division | |
| 91 | + | 43 | |
| 92 | + | of Housing and Community Development within the office by July 1, 2026; | |
| 93 | + | 44 | |
| 94 | + | ▸ provides a sales and use tax exemption on certain construction materials associated with a | |
| 95 | + | 45 | |
| 96 | + | project area that is part of an approved significant community impact project area; | |
| 97 | + | 46 | |
| 98 | + | ▸ provides a formula for the State Tax Commission to administer certain sales and use taxes | |
| 99 | + | 47 | |
| 100 | + | in regard to a project area in an approved significant community impact project area; | |
| 101 | + | 48 | |
| 83 | 102 | ▸ removes the sunset on the Utah Housing Corporation; and | |
| 84 | - | ||
| 103 | + | 49 | |
| 85 | 104 | ▸ makes technical and conforming changes. | |
| 86 | - | ||
| 105 | + | 50 | |
| 87 | 106 | Money Appropriated in this Bill: | |
| 88 | - | ||
| 107 | + | 51 | |
| 89 | 108 | None | |
| 90 | - | ||
| 109 | + | 52 | |
| 91 | 110 | Other Special Clauses: | |
| 92 | - | ||
| 111 | + | 53 | |
| 93 | 112 | This bill provides a special effective date. | |
| 94 | - | ||
| 113 | + | 54 | |
| 95 | 114 | Utah Code Sections Affected: | |
| 96 | - | ||
| 115 | + | 55 | |
| 97 | 116 | AMENDS: | |
| 98 | - | ||
| 117 | + | 56 | |
| 99 | 118 | 11-59-302 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 263 | |
| 100 | - | ||
| 101 | - | 17D-4-102 (Effective 07 | |
| 102 | - | ||
| 119 | + | 57 | |
| 120 | + | 17D-4-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 419 | |
| 121 | + | 58 | |
| 103 | 122 | 35A-8-202 (Effective 05/07/25), as last amended by Laws of Utah 2021, Chapter 281 | |
| 104 | - | 49 | |
| 123 | + | 59 | |
| 124 | + | 59-12-103 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapters 88, 501 | |
| 125 | + | 60 | |
| 126 | + | 59-12-104 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 35 | |
| 127 | + | 61 | |
| 128 | + | 59-12-205 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 535 | |
| 129 | + | 62 | |
| 105 | 130 | 59-12-352 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapters 413, | |
| 106 | - | ||
| 131 | + | 63 | |
| 107 | 132 | 419 | |
| 108 | - | ||
| 133 | + | 64 | |
| 109 | 134 | 59-12-354 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 419 | |
| 110 | - | 52 | |
| 135 | + | - 2 - 02-26 10:50 S.B. 337 | |
| 136 | + | 65 | |
| 111 | 137 | 59-12-401 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 419 | |
| 112 | - | ||
| 138 | + | 66 | |
| 113 | 139 | 59-12-402 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 419 | |
| 114 | - | ||
| 115 | - | 63A-3-401.5 (Effective 07 | |
| 116 | - | ||
| 117 | - | 63A-3-402 (Effective 07 | |
| 118 | - | ||
| 119 | - | 63C-25-202 (Effective 07 | |
| 120 | - | ||
| 140 | + | 67 | |
| 141 | + | 63A-3-401.5 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 419 | |
| 142 | + | 68 | |
| 143 | + | 63A-3-402 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 419 | |
| 144 | + | 69 | |
| 145 | + | 63C-25-202 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 419 | |
| 146 | + | 70 | |
| 121 | 147 | 63H-8-302 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 164 | |
| 122 | - | ||
| 148 | + | 71 | |
| 123 | 149 | and renumbered and amended by Laws of Utah 2015, Chapter 226 | |
| 124 | - | ||
| 150 | + | 72 | |
| 125 | 151 | 63I-1-263 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special | |
| 126 | - | ||
| 152 | + | 73 | |
| 127 | 153 | Session, Chapter 4 | |
| 128 | - | ||
| 129 | - | 63J-1-602.1 (Effective 07 | |
| 130 | - | ||
| 154 | + | 74 | |
| 155 | + | 63J-1-602.1 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 88, | |
| 156 | + | 75 | |
| 131 | 157 | 501 | |
| 132 | - | - 2 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 133 | - | 63 | |
| 158 | + | 76 | |
| 134 | 159 | 63N-1a-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 135 | - | ||
| 160 | + | 77 | |
| 136 | 161 | 63N-1a-301 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 137 | - | ||
| 162 | + | 78 | |
| 138 | 163 | 63N-1a-302 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2021, | |
| 139 | - | ||
| 164 | + | 79 | |
| 140 | 165 | Chapter 282 | |
| 141 | - | ||
| 166 | + | 80 | |
| 142 | 167 | 63N-1a-303 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 362 | |
| 143 | - | ||
| 168 | + | 81 | |
| 144 | 169 | 63N-1a-306 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 362 | |
| 145 | - | 69 | |
| 146 | - | 63N-1a-306 (Effective 07/01/25), as last amended by Laws of Utah 2022, Chapter 362 | |
| 147 | - | 70 | |
| 170 | + | 82 | |
| 148 | 171 | 63N-2-103 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 438 | |
| 149 | - | ||
| 172 | + | 83 | |
| 150 | 173 | 63N-2-104.2 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 159, | |
| 151 | - | ||
| 174 | + | 84 | |
| 152 | 175 | 316 | |
| 153 | - | ||
| 176 | + | 85 | |
| 154 | 177 | 63N-2-104.3 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 499 | |
| 155 | - | ||
| 178 | + | 86 | |
| 156 | 179 | 63N-2-504 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 157 | - | ||
| 180 | + | 87 | |
| 158 | 181 | 63N-2-808 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 159 | - | ||
| 160 | - | 63N-3-102 (Effective 07 | |
| 161 | - | ||
| 162 | - | 63N-3-403 (Effective 07 | |
| 163 | - | ||
| 164 | - | 63N-3-605 (Effective 07 | |
| 165 | - | ||
| 182 | + | 88 | |
| 183 | + | 63N-3-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 184 | + | 89 | |
| 185 | + | 63N-3-403 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 268 | |
| 186 | + | 90 | |
| 187 | + | 63N-3-605 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 521, | |
| 188 | + | 91 | |
| 166 | 189 | 537 | |
| 167 | - | ||
| 168 | - | 63N-3-801 (Effective 07 | |
| 169 | - | ||
| 190 | + | 92 | |
| 191 | + | 63N-3-801 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 499 | |
| 192 | + | 93 | |
| 170 | 193 | 63N-3-1102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 171 | - | 82 | |
| 172 | - | 63N-4-104 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 173 | - | 83 | |
| 174 | - | 63N-4-105 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 175 | - | 84 | |
| 176 | - | 63N-4-504 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 506 | |
| 177 | - | 85 | |
| 178 | - | 63N-4-804 (Effective 07/01/25), as enacted by Laws of Utah 2022, Chapter 362 | |
| 179 | - | 86 | |
| 180 | - | 63N-7-102 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 181 | - | 87 | |
| 182 | - | 63N-7-103 (Effective 07/01/25), as repealed and reenacted by Laws of Utah 2022, | |
| 183 | - | 88 | |
| 194 | + | 94 | |
| 195 | + | 63N-4-104 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 196 | + | 95 | |
| 197 | + | 63N-4-105 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 198 | + | 96 | |
| 199 | + | 63N-4-504 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 506 | |
| 200 | + | 97 | |
| 201 | + | 63N-4-804 (Effective 05/07/25), as enacted by Laws of Utah 2022, Chapter 362 | |
| 202 | + | 98 | |
| 203 | + | 63N-7-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 204 | + | - 3 - S.B. 337 02-26 10:50 | |
| 205 | + | 99 | |
| 206 | + | 63N-7-103 (Effective 05/07/25), as repealed and reenacted by Laws of Utah 2022, | |
| 207 | + | 100 | |
| 184 | 208 | Chapter 362 | |
| 185 | - | ||
| 186 | - | 63N-13-101 (Effective 07 | |
| 187 | - | ||
| 188 | - | 63N-16-102 (Effective 07 | |
| 189 | - | ||
| 190 | - | 63N-16-103 (Effective 07 | |
| 191 | - | ||
| 209 | + | 101 | |
| 210 | + | 63N-13-101 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 499 | |
| 211 | + | 102 | |
| 212 | + | 63N-16-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 400 | |
| 213 | + | 103 | |
| 214 | + | 63N-16-103 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 157, | |
| 215 | + | 104 | |
| 192 | 216 | 400 | |
| 193 | - | ||
| 194 | - | 63N-17-201 (Effective 07 | |
| 195 | - | ||
| 196 | - | 67-1-2 (Effective 07 | |
| 197 | - | ||
| 217 | + | 105 | |
| 218 | + | 63N-17-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 219 | + | 106 | |
| 220 | + | 67-1-2 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 250 | |
| 221 | + | 107 | |
| 198 | 222 | ENACTS: | |
| 199 | - | 96 | |
| 200 | - | 11-71-101 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 201 | - | - 3 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 202 | - | 97 | |
| 203 | - | 11-71-102 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 204 | - | 98 | |
| 205 | - | 11-71-103 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 206 | - | 99 | |
| 207 | - | 11-71-104 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 208 | - | 100 | |
| 209 | - | 11-71-201 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 210 | - | 101 | |
| 211 | - | 11-71-202 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 212 | - | 102 | |
| 213 | - | 11-71-203 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 214 | - | 103 | |
| 215 | - | 11-71-204 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 216 | - | 104 | |
| 217 | - | 11-71-301 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 218 | - | 105 | |
| 219 | - | 11-71-302 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 220 | - | 106 | |
| 221 | - | 11-71-304 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 222 | - | 107 | |
| 223 | - | 11-71-305 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 224 | 223 | 108 | |
| 225 | - | 11-71- | |
| 224 | + | 11-71-101 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 226 | 225 | 109 | |
| 227 | - | 11-71- | |
| 226 | + | 11-71-102 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 228 | 227 | 110 | |
| 229 | - | 11-71- | |
| 228 | + | 11-71-103 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 230 | 229 | 111 | |
| 231 | - | 11-71- | |
| 230 | + | 11-71-104 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 232 | 231 | 112 | |
| 233 | - | 11-71- | |
| 232 | + | 11-71-201 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 234 | 233 | 113 | |
| 235 | - | 11-71- | |
| 234 | + | 11-71-202 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 236 | 235 | 114 | |
| 237 | - | 11-71- | |
| 236 | + | 11-71-203 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 238 | 237 | 115 | |
| 239 | - | 11-71- | |
| 238 | + | 11-71-204 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 240 | 239 | 116 | |
| 241 | - | 11-71- | |
| 240 | + | 11-71-301 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 242 | 241 | 117 | |
| 243 | - | 11-71- | |
| 242 | + | 11-71-302 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 244 | 243 | 118 | |
| 245 | - | 11-71- | |
| 244 | + | 11-71-304 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 246 | 245 | 119 | |
| 247 | - | 11-71- | |
| 246 | + | 11-71-305 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 248 | 247 | 120 | |
| 249 | - | 11-71- | |
| 248 | + | 11-71-401 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 250 | 249 | 121 | |
| 251 | - | 11-71- | |
| 250 | + | 11-71-402 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 252 | 251 | 122 | |
| 253 | - | 11-71- | |
| 252 | + | 11-71-403 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 254 | 253 | 123 | |
| 255 | - | 11-71- | |
| 254 | + | 11-71-404 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 256 | 255 | 124 | |
| 257 | - | 11-71- | |
| 256 | + | 11-71-405 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 258 | 257 | 125 | |
| 259 | - | 11-71- | |
| 258 | + | 11-71-501 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 260 | 259 | 126 | |
| 261 | - | 11-71- | |
| 260 | + | 11-71-502 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 262 | 261 | 127 | |
| 263 | - | 11-71- | |
| 262 | + | 11-71-601 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 264 | 263 | 128 | |
| 265 | - | 11-71- | |
| 264 | + | 11-71-602 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 266 | 265 | 129 | |
| 267 | - | 11-71- | |
| 266 | + | 11-71-603 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 268 | 267 | 130 | |
| 269 | - | 11-71-805 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 270 | - | - 4 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 268 | + | 11-71-604 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 271 | 269 | 131 | |
| 272 | - | 11-71- | |
| 270 | + | 11-71-605 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 273 | 271 | 132 | |
| 274 | - | 11-71-901 (Effective 07/01/25), Utah Code Annotated 1953 | |
| 272 | + | 11-71-606 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 273 | + | - 4 - 02-26 10:50 S.B. 337 | |
| 275 | 274 | 133 | |
| 275 | + | 11-71-701 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 276 | + | 134 | |
| 277 | + | 11-71-702 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 278 | + | 135 | |
| 279 | + | 11-71-703 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 280 | + | 136 | |
| 281 | + | 11-71-704 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 282 | + | 137 | |
| 283 | + | 11-71-705 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 284 | + | 138 | |
| 285 | + | 11-71-706 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 286 | + | 139 | |
| 287 | + | 11-71-801 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 288 | + | 140 | |
| 289 | + | 11-71-802 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 290 | + | 141 | |
| 291 | + | 11-71-803 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 292 | + | 142 | |
| 293 | + | 11-71-804 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 294 | + | 143 | |
| 295 | + | 11-71-805 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 296 | + | 144 | |
| 297 | + | 11-71-806 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 298 | + | 145 | |
| 299 | + | 11-71-901 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 300 | + | 146 | |
| 301 | + | 63N-1a-303.1 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 302 | + | 147 | |
| 276 | 303 | 63N-1a-303.2 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 277 | - | ||
| 304 | + | 148 | |
| 278 | 305 | 63N-1a-501 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 279 | - | ||
| 306 | + | 149 | |
| 280 | 307 | 63N-1a-502 (Effective 05/07/25), Utah Code Annotated 1953 | |
| 281 | - | ||
| 308 | + | 150 | |
| 282 | 309 | 63N-22-101 (Effective 07/01/26), Utah Code Annotated 1953 | |
| 283 | - | ||
| 310 | + | 151 | |
| 284 | 311 | REPEALS: | |
| 285 | - | ||
| 312 | + | 152 | |
| 286 | 313 | 63N-1a-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 287 | - | ||
| 314 | + | 153 | |
| 288 | 315 | 63N-1a-202 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 289 | - | ||
| 316 | + | 154 | |
| 290 | 317 | 63N-1a-304 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2021, | |
| 291 | - | ||
| 318 | + | 155 | |
| 292 | 319 | Chapter 282 | |
| 293 | - | ||
| 320 | + | 156 | |
| 294 | 321 | 63N-1a-401 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 295 | - | ||
| 322 | + | 157 | |
| 296 | 323 | 63N-1a-402 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159 | |
| 297 | - | ||
| 324 | + | 158 | |
| 298 | 325 | 63N-1b-102 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 118 | |
| 299 | - | ||
| 326 | + | 159 | |
| 300 | 327 | ||
| 301 | - | ||
| 328 | + | 160 | |
| 302 | 329 | Be it enacted by the Legislature of the state of Utah: | |
| 303 | - | ||
| 330 | + | 161 | |
| 304 | 331 | Section 1. Section 11-59-302 is amended to read: | |
| 305 | - | ||
| 332 | + | 162 | |
| 306 | 333 | 11-59-302 (Effective 05/07/25). Number of board members -- Appointment -- | |
| 307 | - | ||
| 334 | + | 163 | |
| 308 | 335 | Vacancies -- Chairs. | |
| 309 | - | ||
| 336 | + | 164 | |
| 310 | 337 | (1) The board shall consist of 12 members as provided in Subsection (2). | |
| 311 | - | ||
| 338 | + | 165 | |
| 312 | 339 | (2)(a) The president of the Senate shall appoint two members of the Senate to serve as | |
| 313 | - | ||
| 340 | + | 166 | |
| 314 | 341 | members of the board. | |
| 315 | - | 153 | |
| 342 | + | - 5 - S.B. 337 02-26 10:50 | |
| 343 | + | 167 | |
| 316 | 344 | (b) The speaker of the House of Representatives shall appoint two members of the | |
| 317 | - | ||
| 345 | + | 168 | |
| 318 | 346 | House of Representatives to serve as members of the board. | |
| 319 | - | ||
| 347 | + | 169 | |
| 320 | 348 | (c) The governor shall appoint five individuals to serve as members of the board: | |
| 321 | - | ||
| 349 | + | 170 | |
| 322 | 350 | (i) one of whom shall be [a member of the board of or ]employed by the Governor's | |
| 323 | - | ||
| 351 | + | 171 | |
| 324 | 352 | Office of Economic Opportunity, created in Section 63N-1a-301; | |
| 325 | - | ||
| 353 | + | 172 | |
| 326 | 354 | (ii) one of whom shall be an employee of the facilities division; and | |
| 327 | - | ||
| 355 | + | 173 | |
| 328 | 356 | (iii) one of whom shall be an elected official from a municipality in close proximity | |
| 329 | - | ||
| 357 | + | 174 | |
| 330 | 358 | to the municipality in which the point of the mountain state land is located. | |
| 331 | - | ||
| 359 | + | 175 | |
| 332 | 360 | (d) The Salt Lake County mayor shall appoint one board member, who shall be an | |
| 333 | - | ||
| 361 | + | 176 | |
| 334 | 362 | elected Salt Lake County government official. | |
| 335 | - | ||
| 363 | + | 177 | |
| 336 | 364 | (e) The mayor of Draper, or a member of the Draper city council that the mayor | |
| 337 | - | ||
| 365 | + | 178 | |
| 338 | 366 | designates, shall serve as a board member. | |
| 339 | - | - 5 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 340 | - | 165 | |
| 367 | + | 179 | |
| 341 | 368 | (f) The commissioner of higher education, appointed under Section 53B-1-408, or the | |
| 342 | - | ||
| 369 | + | 180 | |
| 343 | 370 | commissioner's designee, shall serve as a board member. | |
| 344 | - | ||
| 371 | + | 181 | |
| 345 | 372 | (3)(a)(i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the | |
| 346 | - | ||
| 373 | + | 182 | |
| 347 | 374 | same manner under this section as the appointment of the member whose vacancy | |
| 348 | - | ||
| 375 | + | 183 | |
| 349 | 376 | is being filled. | |
| 350 | - | ||
| 377 | + | 184 | |
| 351 | 378 | (ii) If the mayor of Draper or commissioner of higher education is removed as a | |
| 352 | - | ||
| 379 | + | 185 | |
| 353 | 380 | board member under Subsection (5), the mayor of Draper or commissioner of | |
| 354 | - | ||
| 381 | + | 186 | |
| 355 | 382 | higher education, as the case may be, shall designate an individual to serve as a | |
| 356 | - | ||
| 383 | + | 187 | |
| 357 | 384 | member of the board, as provided in Subsection (2)(e) or (f), respectively. | |
| 358 | - | ||
| 385 | + | 188 | |
| 359 | 386 | (b) Each person appointed or designated to fill a vacancy shall serve the remaining | |
| 360 | - | ||
| 387 | + | 189 | |
| 361 | 388 | unexpired term of the member whose vacancy the person is filling. | |
| 362 | - | ||
| 389 | + | 190 | |
| 363 | 390 | (4) A member of the board appointed by the governor, president of the Senate, or speaker | |
| 364 | - | ||
| 391 | + | 191 | |
| 365 | 392 | of the House of Representatives serves at the pleasure of and may be removed and | |
| 366 | - | ||
| 393 | + | 192 | |
| 367 | 394 | replaced at any time, with or without cause, by the governor, president of the Senate, or | |
| 368 | - | ||
| 395 | + | 193 | |
| 369 | 396 | speaker of the House of Representatives, respectively. | |
| 370 | - | ||
| 397 | + | 194 | |
| 371 | 398 | (5) A member of the board may be removed by a vote of two-thirds of all members of the | |
| 372 | - | ||
| 399 | + | 195 | |
| 373 | 400 | board. | |
| 374 | - | ||
| 401 | + | 196 | |
| 375 | 402 | (6)(a) The governor shall appoint one board member to serve as cochair of the board. | |
| 376 | - | ||
| 403 | + | 197 | |
| 377 | 404 | (b) The president of the Senate and speaker of the House of Representatives shall jointly | |
| 378 | - | ||
| 405 | + | 198 | |
| 379 | 406 | appoint one legislative member of the board to serve as cochair of the board. | |
| 380 | - | ||
| 407 | + | 199 | |
| 381 | 408 | Section 2. Section 11-71-101 is enacted to read: | |
| 382 | - | ||
| 409 | + | 200 | |
| 383 | 410 | ||
| 384 | 411 | CHAPTER 71. BEEHIVE DEVELOPMENT AGENCY ACT | |
| 385 | - | 187 | |
| 412 | + | - 6 - 02-26 10:50 S.B. 337 | |
| 413 | + | 201 | |
| 386 | 414 | ||
| 387 | 415 | Part 1. General Provisions | |
| 388 | - | ||
| 389 | - | 11-71-101 (Effective 07 | |
| 390 | - | ||
| 416 | + | 202 | |
| 417 | + | 11-71-101 (Effective 05/07/25). Definitions. | |
| 418 | + | 203 | |
| 391 | 419 | As used in this chapter: | |
| 392 | - | ||
| 420 | + | 204 | |
| 393 | 421 | (1) "Agency" means the Beehive Development Agency created in Section 11-71-201. | |
| 394 | - | ||
| 422 | + | 205 | |
| 395 | 423 | (2) "Approved significant community impact project plan" means a plan that has been | |
| 396 | - | ||
| 424 | + | 206 | |
| 397 | 425 | approved by the board. | |
| 398 | - | ||
| 426 | + | 207 | |
| 399 | 427 | (3) "Authority" means: | |
| 400 | - | 194 | |
| 401 | - | (a) the Military Installation Development Authority created in Section 63H-1-201; and | |
| 402 | - | 195 | |
| 403 | - | (b) the Utah Inland Port Authority created in Section 11-58-201. | |
| 404 | - | 196 | |
| 428 | + | 208 | |
| 429 | + | (a) the Military Installation Development Authority created in Section 63H-1-201; | |
| 430 | + | 209 | |
| 431 | + | (b) the Utah Inland Port Authority created in Section 11-58-201; | |
| 432 | + | 210 | |
| 433 | + | (c) the Point of the Mountain State Land Authority created in Section 11-59-201; | |
| 434 | + | 211 | |
| 435 | + | (d) the Utah Lake Authority created in Section 11-65-201; | |
| 436 | + | 212 | |
| 437 | + | (e) the State Fair Park Authority created in Section 11-68-201; or | |
| 438 | + | 213 | |
| 439 | + | (f) the Utah Fairpark Area Investment and Restoration District created in Section | |
| 440 | + | 214 | |
| 441 | + | 11-70-201. | |
| 442 | + | 215 | |
| 405 | 443 | (4) "Authority-run project area" means a project area created by an authority under the | |
| 406 | - | ||
| 444 | + | 216 | |
| 407 | 445 | authority's statutory powers as part of a significant community impact project plan. | |
| 408 | - | - 6 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 409 | - | 198 | |
| 446 | + | 217 | |
| 410 | 447 | (5) "Base taxable value" means the taxable value of property within a project area, as | |
| 411 | - | ||
| 448 | + | 218 | |
| 412 | 449 | designated by the board in a resolution approving a significant community impact | |
| 413 | - | ||
| 450 | + | 219 | |
| 414 | 451 | project plan, from which property tax differential will be collected, as shown upon the | |
| 415 | - | ||
| 452 | + | 220 | |
| 416 | 453 | assessment roll last equalized before the year in which the board adopts a resolution | |
| 417 | - | ||
| 454 | + | 221 | |
| 418 | 455 | approving the significant community impact project plan. | |
| 419 | - | ||
| 456 | + | 222 | |
| 420 | 457 | (6) "Base taxable year" means, for each property tax differential collection period triggered | |
| 421 | - | ||
| 458 | + | 223 | |
| 422 | 459 | within a project area or a proposed project area, the calendar year before the calendar | |
| 423 | - | ||
| 460 | + | 224 | |
| 424 | 461 | year in which the property tax increment begins to be collected for the parcels triggered | |
| 425 | - | ||
| 462 | + | 225 | |
| 426 | 463 | for that collection period. | |
| 427 | - | ||
| 464 | + | 226 | |
| 428 | 465 | (7) "Board" means the Beehive Development Agency Board created in Section 11-71-301. | |
| 429 | - | ||
| 430 | - | (8) " | |
| 431 | - | ||
| 432 | - | Opportunity. | |
| 433 | - | ||
| 466 | + | 227 | |
| 467 | + | (8) "Chief executive officer" means the chief executive officer of the Governor's Office of | |
| 468 | + | 228 | |
| 469 | + | Economic Opportunity, appointed under Section 63N-1a-302. | |
| 470 | + | 229 | |
| 434 | 471 | (9) "Council" means the Economic Opportunity Coordinating Council created in Section | |
| 435 | - | ||
| 472 | + | 230 | |
| 436 | 473 | 63N-1a-501. | |
| 437 | - | ||
| 474 | + | 231 | |
| 438 | 475 | (10) "Direct financial benefit": | |
| 439 | - | ||
| 476 | + | 232 | |
| 440 | 477 | (a) means any form of financial benefit that accrues to an individual directly, including: | |
| 441 | - | ||
| 478 | + | 233 | |
| 442 | 479 | (i) compensation, commission, or any other form of a payment or increase of money; | |
| 443 | - | ||
| 480 | + | 234 | |
| 444 | 481 | and | |
| 445 | - | 216 | |
| 482 | + | - 7 - S.B. 337 02-26 10:50 | |
| 483 | + | 235 | |
| 446 | 484 | (ii) an increase in the value of a business or property; and | |
| 447 | - | ||
| 485 | + | 236 | |
| 448 | 486 | (b) does not include a financial benefit that accrues to the public generally. | |
| 449 | - | ||
| 487 | + | 237 | |
| 450 | 488 | (11) "Economic opportunity of statewide concern" means a major economic project | |
| 451 | - | ||
| 489 | + | 238 | |
| 452 | 490 | involving job creation, housing, energy, or capital investment goals. | |
| 453 | - | ||
| 491 | + | 239 | |
| 454 | 492 | (12) "Family member" means a parent, spouse, sibling, child, or grandchild. | |
| 455 | - | 221 | |
| 456 | - | (13)(a) "Public infrastructure and improvements" means infrastructure, improvements, | |
| 457 | - | 222 | |
| 493 | + | 240 | |
| 494 | + | (13) "Project area" means land designated by a significant community impact project plan | |
| 495 | + | 241 | |
| 496 | + | in which a particular economic opportunity of statewide concern: | |
| 497 | + | 242 | |
| 498 | + | (a) is proposed to occur, before the adoption of a proposed significant community | |
| 499 | + | 243 | |
| 500 | + | impact project plan; or | |
| 501 | + | 244 | |
| 502 | + | (b) (b)may occur or occurs, in an approved significant community impact project plan. | |
| 503 | + | 245 | |
| 504 | + | (14) "Property tax differential": | |
| 505 | + | 246 | |
| 506 | + | (a) means the difference between: | |
| 507 | + | 247 | |
| 508 | + | (i) the amount of property tax revenues generated each tax year by all taxing entities | |
| 509 | + | 248 | |
| 510 | + | from a project area, using the current assessed value of the property; and | |
| 511 | + | 249 | |
| 512 | + | (ii) the amount of property tax revenues that would be generated from that same area | |
| 513 | + | 250 | |
| 514 | + | using the base taxable value of the property; and | |
| 515 | + | 251 | |
| 516 | + | (b) does not include property tax revenue from: | |
| 517 | + | 252 | |
| 518 | + | (i) a county additional property tax or multicounty assessing and collecting levy | |
| 519 | + | 253 | |
| 520 | + | imposed in accordance with Section 59-2-1602; | |
| 521 | + | 254 | |
| 522 | + | (ii) a judgment levy imposed by a taxing entity under Section 59-2-1328 or 59-2-1330; | |
| 523 | + | 255 | |
| 524 | + | or | |
| 525 | + | 256 | |
| 526 | + | (iii) a levy imposed by a taxing entity under Section 11-14-310 to pay for a general | |
| 527 | + | 257 | |
| 528 | + | obligation bond. | |
| 529 | + | 258 | |
| 530 | + | (15)(a) "Public infrastructure and improvements" means infrastructure, improvements, | |
| 531 | + | 259 | |
| 458 | 532 | facilities, or buildings that: | |
| 459 | - | ||
| 533 | + | 260 | |
| 460 | 534 | (i)(A) benefit the public and are owned by a public entity or a utility; or | |
| 461 | - | ||
| 535 | + | 261 | |
| 462 | 536 | (B) benefit the public and are publicly maintained or operated by a public entity; or | |
| 463 | - | ||
| 537 | + | 262 | |
| 464 | 538 | (ii)(A) are privately owned; | |
| 465 | - | ||
| 539 | + | 263 | |
| 466 | 540 | (B) benefit the public; | |
| 467 | - | ||
| 541 | + | 264 | |
| 468 | 542 | (C) as determined by the board, provide a substantial benefit to the development | |
| 469 | - | ||
| 543 | + | 265 | |
| 470 | 544 | and operation of a project area; and | |
| 471 | - | ||
| 545 | + | 266 | |
| 472 | 546 | (D) are built according to applicable county or municipal design and safety | |
| 473 | - | ||
| 547 | + | 267 | |
| 474 | 548 | standards. | |
| 475 | - | ||
| 549 | + | 268 | |
| 476 | 550 | (b) "Public infrastructure and improvements" includes: | |
| 477 | - | - | |
| 478 | - | ||
| 551 | + | - 8 - 02-26 10:50 S.B. 337 | |
| 552 | + | 269 | |
| 479 | 553 | (i) facilities, lines, or systems that provide: | |
| 480 | - | ||
| 554 | + | 270 | |
| 481 | 555 | (A) water, chilled water, or steam; or | |
| 482 | - | ||
| 556 | + | 271 | |
| 483 | 557 | (B) sewer, storm drainage, natural gas, electricity, energy storage, clean energy, | |
| 484 | - | ||
| 558 | + | 272 | |
| 485 | 559 | microgrids, or telecommunications service; | |
| 486 | - | ||
| 560 | + | 273 | |
| 487 | 561 | (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking | |
| 488 | - | ||
| 562 | + | 274 | |
| 489 | 563 | facilities, rail lines, intermodal facilities, multimodal facilities, and public | |
| 490 | - | ||
| 564 | + | 275 | |
| 491 | 565 | transportation facilities; and | |
| 492 | - | ||
| 566 | + | 276 | |
| 493 | 567 | (iii) infrastructure, improvements, facilities, or buildings that are developed as part of | |
| 494 | - | ||
| 568 | + | 277 | |
| 495 | 569 | a remediation project. | |
| 496 | - | ||
| 497 | - | ( | |
| 498 | - | ||
| 570 | + | 278 | |
| 571 | + | (16) "Project area" means land designated by a significant community impact project plan | |
| 572 | + | 279 | |
| 499 | 573 | in which a particular economic opportunity of statewide concern: | |
| 500 | - | ||
| 574 | + | 280 | |
| 501 | 575 | (a) is proposed to occur, before the adoption of a proposed significant community | |
| 502 | - | ||
| 576 | + | 281 | |
| 503 | 577 | impact project plan; or | |
| 504 | - | ||
| 578 | + | 282 | |
| 505 | 579 | (b) may occur or occurs, in an approved significant community impact project plan. | |
| 506 | - | ||
| 507 | - | ( | |
| 508 | - | ||
| 580 | + | 283 | |
| 581 | + | (17) "Property tax differential": | |
| 582 | + | 284 | |
| 509 | 583 | (a) means the difference between: | |
| 510 | - | ||
| 584 | + | 285 | |
| 511 | 585 | (i) the amount of property tax revenues generated each tax year by all taxing entities | |
| 512 | - | ||
| 586 | + | 286 | |
| 513 | 587 | from a project area, using the current assessed value of the property; and | |
| 514 | - | ||
| 588 | + | 287 | |
| 515 | 589 | (ii) the amount of property tax revenues that would be generated from that same area | |
| 516 | - | ||
| 590 | + | 288 | |
| 517 | 591 | using the base taxable value of the property; and | |
| 518 | - | ||
| 592 | + | 289 | |
| 519 | 593 | (b) does not include property tax revenue from: | |
| 520 | - | ||
| 594 | + | 290 | |
| 521 | 595 | (i) a county additional property tax or multicounty assessing and collecting levy | |
| 522 | - | ||
| 596 | + | 291 | |
| 523 | 597 | imposed in accordance with Section 59-2-1602; | |
| 524 | - | ||
| 598 | + | 292 | |
| 525 | 599 | (ii) a judgment levy imposed by a taxing entity under Section 59-2-1328 or 59-2-1330; | |
| 526 | - | ||
| 600 | + | 293 | |
| 527 | 601 | or | |
| 528 | - | ||
| 602 | + | 294 | |
| 529 | 603 | (iii) a levy imposed by a taxing entity under Section 11-14-310 to pay for a general | |
| 530 | - | ||
| 604 | + | 295 | |
| 531 | 605 | obligation bond. | |
| 532 | - | 259 | |
| 606 | + | 296 | |
| 607 | + | (18) "Sales and use tax base year" means the sales and use tax year determined by the first | |
| 608 | + | 297 | |
| 609 | + | year pertaining to the tax imposed in Section 59-12-103 after the sales and use tax | |
| 610 | + | 298 | |
| 611 | + | boundary for a project area is established as part of the board's adoption of a significant | |
| 612 | + | 299 | |
| 613 | + | community impact project plan. | |
| 614 | + | 300 | |
| 615 | + | (19) "Sales and use tax boundary" means a boundary established by the board in | |
| 616 | + | 301 | |
| 617 | + | coordination with the State Tax Commission, based on state sales and use tax collection, | |
| 618 | + | 302 | |
| 619 | + | that corresponds as closely as reasonably practicable to the boundary of a project area | |
| 620 | + | - 9 - S.B. 337 02-26 10:50 | |
| 621 | + | 303 | |
| 622 | + | that is established as part of a significant community impact project plan. | |
| 623 | + | 304 | |
| 624 | + | (20) "Sales and use tax differential" means the difference between: | |
| 625 | + | 305 | |
| 626 | + | (a) the amount of state sales and use tax revenue generated each year following the sales | |
| 627 | + | 306 | |
| 628 | + | and use tax base year by the sales and use tax from the area within a sales and use tax | |
| 629 | + | 307 | |
| 630 | + | boundary from which sales and use tax increment is to be collected; and | |
| 631 | + | 308 | |
| 632 | + | (b) the amount of state sales and use tax revenue that was generated from within the | |
| 633 | + | 309 | |
| 634 | + | sales and use tax boundary during the sales and use tax base year. | |
| 635 | + | 310 | |
| 533 | 636 | Section 3. Section 11-71-102 is enacted to read: | |
| 534 | - | ||
| 535 | - | 11-71-102 (Effective 07 | |
| 536 | - | ||
| 637 | + | 311 | |
| 638 | + | 11-71-102 (Effective 05/07/25). Severability. | |
| 639 | + | 312 | |
| 537 | 640 | If a court determines that any provision of this chapter, or the application of any | |
| 538 | - | ||
| 641 | + | 313 | |
| 539 | 642 | provision of this chapter, is invalid, the remainder of this chapter shall be given effect without | |
| 540 | - | ||
| 643 | + | 314 | |
| 541 | 644 | the invalid provision or application. | |
| 542 | - | ||
| 645 | + | 315 | |
| 543 | 646 | Section 4. Section 11-71-103 is enacted to read: | |
| 544 | - | 265 | |
| 545 | - | 11-71-103 (Effective 07/01/25). Nonlapsing funds. | |
| 546 | - | - 8 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 547 | - | 266 | |
| 548 | - | Money the agency receives from legislative appropriations is nonlapsing. | |
| 549 | - | 267 | |
| 647 | + | 316 | |
| 648 | + | 11-71-103 (Effective 05/07/25). Nonlapsing funds. | |
| 649 | + | 317 | |
| 650 | + | Money the authority receives from legislative appropriations is nonlapsing. | |
| 651 | + | 318 | |
| 550 | 652 | Section 5. Section 11-71-104 is enacted to read: | |
| 551 | - | ||
| 552 | - | 11-71-104 (Effective 07 | |
| 553 | - | ||
| 653 | + | 319 | |
| 654 | + | 11-71-104 (Effective 05/07/25). Loan approval committee -- Approval of | |
| 655 | + | 320 | |
| 554 | 656 | infrastructure loans. | |
| 555 | - | ||
| 657 | + | 321 | |
| 556 | 658 | (1) As used in this section: | |
| 557 | - | ||
| 659 | + | 322 | |
| 558 | 660 | (a) "Beehive development fund" means the same as that term is defined in Section | |
| 559 | - | ||
| 661 | + | 323 | |
| 560 | 662 | 63A-3-401.5. | |
| 561 | - | ||
| 663 | + | 324 | |
| 562 | 664 | (b) "Borrower" means the same as that term is defined in Section 63A-3-401.5. | |
| 563 | - | ||
| 665 | + | 325 | |
| 564 | 666 | (c) "Infrastructure loan" means the same as that term is defined in Section 63A-3-401.5. | |
| 565 | - | ||
| 667 | + | 326 | |
| 566 | 668 | (d) "Infrastructure project" means the same as that term is defined in Section | |
| 567 | - | ||
| 669 | + | 327 | |
| 568 | 670 | 63A-3-401.5. | |
| 569 | - | ||
| 671 | + | 328 | |
| 570 | 672 | (e) "Loan approval committee" means a committee established under Subsection (2). | |
| 571 | - | 278 | |
| 572 | - | (2) The agency shall establish a loan committee consisting of: | |
| 573 | - | 279 | |
| 574 | - | (a) three members of the board, selected by the board; and | |
| 575 | - | 280 | |
| 576 | - | (b) two individuals who are not members of the board, selected by the board. | |
| 577 | - | 281 | |
| 673 | + | 329 | |
| 674 | + | (2)(a) The agency shall establish a loan committee consisting of: | |
| 675 | + | 330 | |
| 676 | + | (i) two individuals with expertise in public finance or infrastructure development, | |
| 677 | + | 331 | |
| 678 | + | appointed by the governor; | |
| 679 | + | 332 | |
| 680 | + | (ii) one individual with expertise in public finance or infrastructure development, | |
| 681 | + | 333 | |
| 682 | + | appointed by the president of the Senate; | |
| 683 | + | 334 | |
| 684 | + | (iii) one individual with expertise in public finance or infrastructure development, | |
| 685 | + | 335 | |
| 686 | + | appointed by the speaker of the House of Representatives; and | |
| 687 | + | 336 | |
| 688 | + | (iv) one individual with expertise in public finance or infrastructure development, | |
| 689 | + | - 10 - 02-26 10:50 S.B. 337 | |
| 690 | + | 337 | |
| 691 | + | appointed jointly by the president of the Senate and the speaker of the House of | |
| 692 | + | 338 | |
| 693 | + | Representatives. | |
| 694 | + | 339 | |
| 695 | + | (b) A board member of the agency may not be appointed to or serve as a member of the | |
| 696 | + | 340 | |
| 697 | + | loan committee. | |
| 698 | + | 341 | |
| 578 | 699 | (3)(a) The loan committee may recommend for board approval an infrastructure loan | |
| 579 | - | ||
| 700 | + | 342 | |
| 580 | 701 | from the beehive development fund to a borrower for an infrastructure project | |
| 581 | - | ||
| 702 | + | 343 | |
| 582 | 703 | undertaken by the borrower. | |
| 583 | - | ||
| 704 | + | 344 | |
| 584 | 705 | (b) An infrastructure loan from the beehive development fund may not be made unless: | |
| 585 | - | ||
| 706 | + | 345 | |
| 586 | 707 | (i) the infrastructure loan is recommended by the loan committee; and | |
| 587 | - | ||
| 708 | + | 346 | |
| 588 | 709 | (ii) the board approves the infrastructure loan. | |
| 589 | - | ||
| 710 | + | 347 | |
| 590 | 711 | (4)(a) If the loan committee recommends an infrastructure loan, the loan committee shall | |
| 591 | - | ||
| 712 | + | 348 | |
| 592 | 713 | recommend the terms of an infrastructure loan in accordance with Section 63A-3-404. | |
| 593 | - | ||
| 714 | + | 349 | |
| 594 | 715 | (b) The board shall require the terms of an infrastructure loan secured by property tax | |
| 595 | - | ||
| 716 | + | 350 | |
| 596 | 717 | differential to include a requirement that money from the infrastructure loan be used | |
| 597 | - | ||
| 718 | + | 351 | |
| 598 | 719 | only for an infrastructure project within the project area that generates the property | |
| 599 | - | ||
| 720 | + | 352 | |
| 600 | 721 | tax differential. | |
| 601 | - | ||
| 722 | + | 353 | |
| 602 | 723 | (5) The board may establish policies and guidelines with respect to prioritizing requests for | |
| 603 | - | ||
| 724 | + | 354 | |
| 604 | 725 | infrastructure loans and approving infrastructure loans. | |
| 605 | - | ||
| 726 | + | 355 | |
| 606 | 727 | (6) Within 60 days after the execution of an infrastructure loan, the board shall report the | |
| 607 | - | ||
| 728 | + | 356 | |
| 608 | 729 | infrastructure loan, including the loan amount, terms, interest rate, and security, to: | |
| 609 | - | ||
| 730 | + | 357 | |
| 610 | 731 | (a) the Executive Appropriations Committee; and | |
| 611 | - | ||
| 732 | + | 358 | |
| 612 | 733 | (b) the State Finance Review Commission created in Section 63C-25-201. | |
| 613 | - | ||
| 734 | + | 359 | |
| 614 | 735 | (7)(a) Salaries and expenses of loan committee members who are legislators shall be | |
| 615 | - | - 9 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 616 | - | 300 | |
| 736 | + | 360 | |
| 617 | 737 | paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter | |
| 618 | - | ||
| 738 | + | 361 | |
| 619 | 739 | 3, Legislator Compensation. | |
| 620 | - | ||
| 740 | + | 362 | |
| 621 | 741 | (b) A loan committee member who is not a legislator may not receive compensation or | |
| 622 | - | ||
| 742 | + | 363 | |
| 623 | 743 | benefits for the member's service on the committee, but may receive per diem and | |
| 624 | - | ||
| 744 | + | 364 | |
| 625 | 745 | reimbursement for travel expenses incurred as a committee member at the rates | |
| 626 | - | ||
| 746 | + | 365 | |
| 627 | 747 | established by the Division of Finance under: | |
| 628 | - | ||
| 748 | + | 366 | |
| 629 | 749 | (i) Sections 63A-3-106 and 63A-3-107; and | |
| 630 | - | ||
| 750 | + | 367 | |
| 631 | 751 | (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and | |
| 632 | - | ||
| 752 | + | 368 | |
| 633 | 753 | 63A-3-107. | |
| 634 | - | ||
| 754 | + | 369 | |
| 635 | 755 | Section 6. Section 11-71-201 is enacted to read: | |
| 636 | - | ||
| 756 | + | 370 | |
| 637 | 757 | ||
| 638 | 758 | Part 2. Beehive Development Agency | |
| 639 | - | 311 | |
| 640 | - | 11-71-201 (Effective 07/01/25). Creation of Beehive Development Agency. | |
| 641 | - | 312 | |
| 759 | + | - 11 - S.B. 337 02-26 10:50 | |
| 760 | + | 371 | |
| 761 | + | 11-71-201 (Effective 05/07/25). Creation of Beehive Development Agency. | |
| 762 | + | 372 | |
| 642 | 763 | (1) Under the authority of Utah Constitution, Article XI, Section 8,there is created the | |
| 643 | - | ||
| 764 | + | 373 | |
| 644 | 765 | Beehive Development Agency. | |
| 645 | - | ||
| 766 | + | 374 | |
| 646 | 767 | (2) The agency is: | |
| 647 | - | ||
| 768 | + | 375 | |
| 648 | 769 | (a) an independent, nonprofit, separate body corporate and politic, with perpetual | |
| 649 | - | ||
| 770 | + | 376 | |
| 650 | 771 | succession; | |
| 651 | - | ||
| 772 | + | 377 | |
| 652 | 773 | (b) a political subdivision of the state; and | |
| 653 | - | ||
| 774 | + | 378 | |
| 654 | 775 | (c) a public corporation, as defined in Section 63E-1-102. | |
| 655 | - | ||
| 776 | + | 379 | |
| 656 | 777 | (3) The purpose of the agency is to fulfill any number of statewide public purposes to | |
| 657 | - | ||
| 778 | + | 380 | |
| 658 | 779 | maximize the long-term economic and other benefit for the state, consistent with the | |
| 659 | - | ||
| 780 | + | 381 | |
| 660 | 781 | strategies, policies, and objectives described in this chapter. | |
| 661 | - | ||
| 782 | + | 382 | |
| 662 | 783 | (4) The agency is the mechanism the state chooses to focus resources and efforts on behalf | |
| 663 | - | ||
| 784 | + | 383 | |
| 664 | 785 | of the state to ensure that regional and statewide interests, concerns, and purposes are | |
| 665 | - | ||
| 786 | + | 384 | |
| 666 | 787 | properly addressed from a statewide perspective. | |
| 667 | - | ||
| 788 | + | 385 | |
| 668 | 789 | Section 7. Section 11-71-202 is enacted to read: | |
| 669 | - | ||
| 670 | - | 11-71-202 (Effective 07 | |
| 671 | - | ||
| 790 | + | 386 | |
| 791 | + | 11-71-202 (Effective 05/07/25). Agency powers and duties. | |
| 792 | + | 387 | |
| 672 | 793 | (1) The agency has responsibility, and power to: | |
| 673 | - | ||
| 794 | + | 388 | |
| 674 | 795 | (a) develop policies for the consideration of a potential significant community impact | |
| 675 | - | 329 | |
| 676 | - | plan; and | |
| 677 | - | 330 | |
| 678 | - | (b) develop and implement a business plan for a project area as part of a significant | |
| 679 | - | 331 | |
| 796 | + | 389 | |
| 797 | + | plan; | |
| 798 | + | 390 | |
| 799 | + | (b) approve up to three significant community impact plans per calendar year; and | |
| 800 | + | 391 | |
| 801 | + | (c) develop and implement a business plan for a project area as part of a significant | |
| 802 | + | 392 | |
| 680 | 803 | community impact plan. | |
| 681 | - | ||
| 804 | + | 393 | |
| 682 | 805 | (2) The agency may: | |
| 683 | - | ||
| 806 | + | 394 | |
| 684 | 807 | (a) facilitate and bring about the development of land in ways that benefit the entire state; | |
| 685 | - | - 10 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 686 | - | 334 | |
| 808 | + | 395 | |
| 687 | 809 | (b) as the agency considers necessary or advisable to carry out any of the agency's duties | |
| 688 | - | ||
| 810 | + | 396 | |
| 689 | 811 | or responsibilities under this chapter: | |
| 690 | - | ||
| 812 | + | 397 | |
| 691 | 813 | (i) buy, obtain an option upon, or otherwise acquire any interest in real or personal | |
| 692 | - | ||
| 814 | + | 398 | |
| 693 | 815 | property; | |
| 694 | - | ||
| 816 | + | 399 | |
| 695 | 817 | (ii) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real | |
| 696 | - | ||
| 818 | + | 400 | |
| 697 | 819 | or personal property; or | |
| 698 | - | ||
| 820 | + | 401 | |
| 699 | 821 | (iii) enter into a lease agreement on real or personal property, either as lessee or | |
| 700 | - | ||
| 822 | + | 402 | |
| 701 | 823 | lessor; | |
| 702 | - | ||
| 824 | + | 403 | |
| 703 | 825 | (c) sue and be sued; | |
| 704 | - | ||
| 826 | + | 404 | |
| 705 | 827 | (d) enter into contracts generally; | |
| 706 | - | 344 | |
| 828 | + | - 12 - 02-26 10:50 S.B. 337 | |
| 829 | + | 405 | |
| 707 | 830 | (e) provide funding for the development of public infrastructure and improvements or | |
| 708 | - | 345 | |
| 709 | - | other infrastructure and improvements on or related to a project area; | |
| 710 | - | 346 | |
| 831 | + | 406 | |
| 832 | + | other infrastructure and improvements on or related to the authority jurisdictional | |
| 833 | + | 407 | |
| 834 | + | land or other authority project areas; | |
| 835 | + | 408 | |
| 711 | 836 | (f) exercise powers and perform functions under a contract, as authorized in the contract; | |
| 712 | - | ||
| 837 | + | 409 | |
| 713 | 838 | (g) receive the property tax differential, as provided in this chapter; | |
| 714 | - | 348 | |
| 715 | - | (h) accept financial or other assistance from any public or private source for the agency's | |
| 716 | - | 349 | |
| 717 | - | activities, powers, and duties, and expend any funds so received for any of the | |
| 718 | - | 350 | |
| 719 | - | purposes of this chapter; | |
| 720 | - | 351 | |
| 721 | - | (i) borrow money, contract with, or accept financial or other assistance from the federal | |
| 722 | - | 352 | |
| 839 | + | 410 | |
| 840 | + | (h) receive sales and use tax differential, as provided in this chapter; | |
| 841 | + | 411 | |
| 842 | + | (i) accept financial or other assistance from any public or private source for the | |
| 843 | + | 412 | |
| 844 | + | authority's activities, powers, and duties, and expend any funds so received for any of | |
| 845 | + | 413 | |
| 846 | + | the purposes of this chapter; | |
| 847 | + | 414 | |
| 848 | + | (j) borrow money, contract with, or accept financial or other assistance from the federal | |
| 849 | + | 415 | |
| 723 | 850 | government, a public entity, or any other source for any of the purposes of this | |
| 724 | - | ||
| 851 | + | 416 | |
| 725 | 852 | chapter and comply with any conditions of the loan, contract, or assistance; | |
| 726 | - | ||
| 727 | - | ( | |
| 728 | - | ||
| 729 | - | including bonds under Chapter 17, Utah Industrial Facilities and | |
| 730 | - | ||
| 731 | - | bonds under Chapter 42, Assessment Area Act, and bonds under | |
| 732 | - | ||
| 733 | - | Commercial Property Assessed Clean Energy Act; | |
| 734 | - | ||
| 735 | - | ( | |
| 736 | - | ||
| 737 | - | ( | |
| 738 | - | ||
| 739 | - | ( | |
| 740 | - | ||
| 853 | + | 417 | |
| 854 | + | (k) issue bonds to finance the undertaking of any development objectives of the | |
| 855 | + | 418 | |
| 856 | + | authority, including bonds under Chapter 17, Utah Industrial Facilities and | |
| 857 | + | 419 | |
| 858 | + | Development Act, bonds under Chapter 42, Assessment Area Act, and bonds under | |
| 859 | + | 420 | |
| 860 | + | Chapter 42a, Commercial Property Assessed Clean Energy Act; | |
| 861 | + | 421 | |
| 862 | + | (l) hire employees, including contract employees; | |
| 863 | + | 422 | |
| 864 | + | (m) transact other business and exercise all other powers provided for in this chapter; | |
| 865 | + | 423 | |
| 866 | + | (n) engage one or more consultants to advise or assist the agency in the performance of | |
| 867 | + | 424 | |
| 741 | 868 | the agency's duties and responsibilities; | |
| 742 | - | ||
| 743 | - | ( | |
| 744 | - | ||
| 869 | + | 425 | |
| 870 | + | (o) own, lease, operate, or otherwise control public infrastructure and improvements in a | |
| 871 | + | 426 | |
| 745 | 872 | project area; | |
| 746 | - | ||
| 747 | - | ( | |
| 748 | - | ||
| 873 | + | 427 | |
| 874 | + | (p) exercise powers and perform functions that the agency is authorized by statute to | |
| 875 | + | 428 | |
| 749 | 876 | exercise or perform; and | |
| 750 | - | ||
| 751 | - | ( | |
| 752 | - | ||
| 877 | + | 429 | |
| 878 | + | (q) support continued growth of the state's economy. | |
| 879 | + | 430 | |
| 753 | 880 | (3)(a) The agency may establish a community enhancement program designed to | |
| 754 | - | - 11 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 755 | - | 368 | |
| 881 | + | 431 | |
| 756 | 882 | address the impacts that development within a project area has on adjacent | |
| 757 | - | ||
| 883 | + | 432 | |
| 758 | 884 | communities. | |
| 759 | - | ||
| 760 | - | (b)(i) The agency may use | |
| 761 | - | ||
| 885 | + | 433 | |
| 886 | + | (b)(i) The agency may use authority money to support the community enhancement | |
| 887 | + | 434 | |
| 762 | 888 | program and to pay for efforts to address the impacts described in Subsection | |
| 763 | - | ||
| 889 | + | 435 | |
| 764 | 890 | (3)(a). | |
| 765 | - | ||
| 891 | + | 436 | |
| 766 | 892 | (ii) Agency money designated for use under Subsection (3)(b)(i) is exempt from | |
| 767 | - | ||
| 893 | + | 437 | |
| 768 | 894 | execution or any other process in the collection of a judgment against or debt or | |
| 769 | - | 375 | |
| 770 | - | other obligation of the agency arising out of the agency's activities with respect to | |
| 771 | - | 376 | |
| 772 | - | the community enhancement program. | |
| 773 | - | 377 | |
| 774 | - | (4) The board shall, at least annually: | |
| 775 | - | 378 | |
| 776 | - | (a) review the statutory authority of the agency, the board, and the administrative | |
| 777 | - | 379 | |
| 778 | - | secretary; | |
| 779 | - | 380 | |
| 780 | - | (b) evaluate whether the agency is achieving the objectives outlined in Section | |
| 781 | - | 381 | |
| 782 | - | 11-71-201; | |
| 783 | - | 382 | |
| 784 | - | (c) determine whether changes to board policies or guidelines are advisable and, if so, | |
| 785 | - | 383 | |
| 786 | - | modify the policy, or guideline; and | |
| 787 | - | 384 | |
| 788 | - | (d) determine whether to recommend statutory changes to Chapter 71, Beehive | |
| 789 | - | 385 | |
| 790 | - | Development Agency Act. | |
| 791 | - | 386 | |
| 895 | + | 438 | |
| 896 | + | other obligation of the authority arising out of the authority's activities with | |
| 897 | + | - 13 - S.B. 337 02-26 10:50 | |
| 898 | + | 439 | |
| 899 | + | respect to the community enhancement program. | |
| 900 | + | 440 | |
| 792 | 901 | Section 8. Section 11-71-203 is enacted to read: | |
| 793 | - | ||
| 794 | - | 11-71-203 (Effective 07 | |
| 795 | - | ||
| 902 | + | 441 | |
| 903 | + | 11-71-203 (Effective 05/07/25). Additional duties -- Duty to make policies. | |
| 904 | + | 442 | |
| 796 | 905 | The agency board, created in Section 11-71-301, shall make additional policies | |
| 797 | - | ||
| 906 | + | 443 | |
| 798 | 907 | necessary to carry out the agency's duties under this chapter. | |
| 799 | - | ||
| 908 | + | 444 | |
| 800 | 909 | Section 9. Section 11-71-204 is enacted to read: | |
| 801 | - | ||
| 802 | - | 11-71-204 (Effective 07 | |
| 803 | - | ||
| 910 | + | 445 | |
| 911 | + | 11-71-204 (Effective 05/07/25). Applicability of other laws. | |
| 912 | + | 446 | |
| 804 | 913 | (1) As used in this section: | |
| 805 | - | ||
| 914 | + | 447 | |
| 806 | 915 | (a) "Public body" means the same as that term is defined in Section 52-4-103. | |
| 807 | - | ||
| 916 | + | 448 | |
| 808 | 917 | (b) "Subsidiary" means an agency subsidiary that is a public body. | |
| 809 | - | 395 | |
| 918 | + | 449 | |
| 919 | + | (c) "Subsidiary board" means the governing body of a subsidiary. | |
| 920 | + | 450 | |
| 810 | 921 | (2) The agency and land within a project area established by the agency is not subject to: | |
| 811 | - | ||
| 922 | + | 451 | |
| 812 | 923 | (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; | |
| 813 | - | ||
| 924 | + | 452 | |
| 814 | 925 | (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act; | |
| 815 | - | ||
| 926 | + | 453 | |
| 816 | 927 | (c) ordinances or regulations of a county or municipality, including those relating to land | |
| 817 | - | ||
| 928 | + | 454 | |
| 818 | 929 | use, health, business license, or franchise; or | |
| 819 | - | ||
| 930 | + | 455 | |
| 820 | 931 | (d) the jurisdiction of a special district under Title 17B, Limited Purpose Local | |
| 821 | - | ||
| 932 | + | 456 | |
| 822 | 933 | Government Entities - Special Districts, or a special service district under Title 17D, | |
| 823 | - | - 12 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 824 | - | 402 | |
| 934 | + | 457 | |
| 825 | 935 | Chapter 1, Special Service District Act. | |
| 826 | - | ||
| 936 | + | 458 | |
| 827 | 937 | (3)(a) The definitions in Section 57-8-3 apply to this Subsection (3). | |
| 828 | - | ||
| 829 | - | (b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership | |
| 830 | - | ||
| 831 | - | ||
| 832 | - | ||
| 938 | + | 459 | |
| 939 | + | (b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership Act, | |
| 940 | + | 460 | |
| 941 | + | or any other provision of law: | |
| 942 | + | 461 | |
| 833 | 943 | (i) if the agency or the state is the owner of land in a project area on which a | |
| 834 | - | ||
| 944 | + | 462 | |
| 835 | 945 | condominium project is constructed, the agency or the state is not required to sign, | |
| 836 | - | ||
| 946 | + | 463 | |
| 837 | 947 | execute, or record a declaration of a condominium project; and | |
| 838 | - | ||
| 948 | + | 464 | |
| 839 | 949 | (ii) if a condominium unit in a project area is owned by the agency and leased to the | |
| 840 | - | ||
| 950 | + | 465 | |
| 841 | 951 | state for $1 or less per calendar year, not including any common charges that are | |
| 842 | - | ||
| 952 | + | 466 | |
| 843 | 953 | reimbursements for actual expenses: | |
| 844 | - | ||
| 954 | + | 467 | |
| 845 | 955 | (A) the condominium unit is not subject to any liens under Title 57, Chapter 8, | |
| 846 | - | ||
| 956 | + | 468 | |
| 847 | 957 | Condominium Ownership Act; | |
| 848 | - | ||
| 958 | + | 469 | |
| 849 | 959 | (B) condominium unit owners within the same building or commercial | |
| 850 | - | ||
| 960 | + | 470 | |
| 851 | 961 | condominium project may agree on any method of allocation and payment of | |
| 852 | - | ||
| 962 | + | 471 | |
| 853 | 963 | common area expenses, regardless of the size or par value of each unit; and | |
| 854 | - | ||
| 964 | + | 472 | |
| 855 | 965 | (C) the condominium project may not be dissolved without the consent of all the | |
| 856 | - | 418 | |
| 966 | + | - 14 - 02-26 10:50 S.B. 337 | |
| 967 | + | 473 | |
| 857 | 968 | condominium unit owners. | |
| 858 | - | ||
| 859 | - | (4) The | |
| 860 | - | ||
| 861 | - | ||
| 862 | - | ||
| 863 | - | ||
| 864 | - | ||
| 865 | - | (5)(a) A department, division, or other entity of the state and | |
| 866 | - | ||
| 867 | - | ||
| 868 | - | ||
| 869 | - | the fullest extent possible to provide whatever support, | |
| 870 | - | ||
| 871 | - | assistance the | |
| 872 | - | ||
| 969 | + | 474 | |
| 970 | + | (4) Notwithstanding any other provision, when a law requires the consent of a local | |
| 971 | + | 475 | |
| 972 | + | government, the agency is the consenting entity for a project area established under this | |
| 973 | + | 476 | |
| 974 | + | chapter. | |
| 975 | + | 477 | |
| 976 | + | (5)(a) A department, division, or other entity of the state and, except as provided in | |
| 977 | + | 478 | |
| 978 | + | Subsection (5)(b), a political subdivision of the state shall cooperate with the agency | |
| 979 | + | 479 | |
| 980 | + | to the fullest extent possible to provide whatever support, information, or other | |
| 981 | + | 480 | |
| 982 | + | assistance the authority requests that is reasonably necessary to help the agency fulfill | |
| 983 | + | 481 | |
| 873 | 984 | the agency's duties and responsibilities under this chapter. | |
| 874 | - | ||
| 985 | + | 482 | |
| 875 | 986 | (b) Subsection (5)(a) does not apply to a political subdivision that does not have any of a | |
| 876 | - | ||
| 987 | + | 483 | |
| 877 | 988 | project area located within the boundary of the political subdivision. | |
| 878 | - | 429 | |
| 879 | - | (6) The agency or a subsidiary acting in the role of a facilitator under Subsection | |
| 880 | - | 430 | |
| 989 | + | 484 | |
| 990 | + | (6) The agency and a subsidiary are subject to Title 52, Chapter 4, Open and Public | |
| 991 | + | 485 | |
| 992 | + | Meetings Act, except that: | |
| 993 | + | 486 | |
| 994 | + | (a) notwithstanding Section 52-4-104, the timing and nature of training to agency board | |
| 995 | + | 487 | |
| 996 | + | members or subsidiary board members on the requirements of Title 52, Chapter 4, | |
| 997 | + | 488 | |
| 998 | + | Open and Public Meetings Act, may be determined by: | |
| 999 | + | 489 | |
| 1000 | + | (i) the board chair, for the agency board; or | |
| 1001 | + | 490 | |
| 1002 | + | (ii) the subsidiary board chair, for a subsidiary board; | |
| 1003 | + | 491 | |
| 1004 | + | (b) agency staff may adopt a policy governing the use of electronic meetings under | |
| 1005 | + | 492 | |
| 1006 | + | Section 52-4-207, if the board delegates to agency staff the power to adopt the policy; | |
| 1007 | + | 493 | |
| 1008 | + | and | |
| 1009 | + | 494 | |
| 1010 | + | (c) for an electronic meeting of the agency board or subsidiary board that otherwise | |
| 1011 | + | 495 | |
| 1012 | + | complies with Section 52-4-207, the agency board or subsidiary board, respectively: | |
| 1013 | + | 496 | |
| 1014 | + | (i) is not required to establish an anchor location; and | |
| 1015 | + | 497 | |
| 1016 | + | (ii) may convene and conduct the meeting without the determination otherwise | |
| 1017 | + | 498 | |
| 1018 | + | required under Subsection 52-4-207(5)(a)(i). | |
| 1019 | + | 499 | |
| 1020 | + | (7) The agency and a subsidiary of the agency are subject to Title 63G, Chapter 2, | |
| 1021 | + | 500 | |
| 1022 | + | Government Records Access and Management Act, except that: | |
| 1023 | + | 501 | |
| 1024 | + | (a) notwithstanding Section 63G-2-701: | |
| 1025 | + | 502 | |
| 1026 | + | (i) the agency may establish an appeals board consisting of at least three members; | |
| 1027 | + | 503 | |
| 1028 | + | (ii) an appeals board established under Subsection (7)(a)(i) shall include three agency | |
| 1029 | + | 504 | |
| 1030 | + | board members; and | |
| 1031 | + | 505 | |
| 1032 | + | (iii) an appeal of a decision of an appeals board is filed in district court, as provided | |
| 1033 | + | 506 | |
| 1034 | + | in Section 63G-2-404, except that the State Records Committee is not a party; and | |
| 1035 | + | - 15 - S.B. 337 02-26 10:50 | |
| 1036 | + | 507 | |
| 1037 | + | (b) a record created or retained by the agency or a subsidiary acting in the role of a | |
| 1038 | + | 508 | |
| 1039 | + | facilitator under Subsection 63H-1-201(3)(v) is a protected record under Title 63G, | |
| 1040 | + | 509 | |
| 1041 | + | Chapter 2, Government Records Access and Management Act. | |
| 1042 | + | 510 | |
| 1043 | + | (8) The agency or a subsidiary acting in the role of a facilitator under Subsection | |
| 1044 | + | 511 | |
| 881 | 1045 | 63H-1-201(3)(v) is not prohibited from receiving a benefit from a public-private | |
| 882 | - | ||
| 1046 | + | 512 | |
| 883 | 1047 | partnership that results from the facilitator's work as a facilitator. | |
| 884 | - | ||
| 885 | - | ( | |
| 886 | - | ||
| 1048 | + | 513 | |
| 1049 | + | (9)(a) Terms defined in Section 57-11-2 apply to this Subsection (9). | |
| 1050 | + | 514 | |
| 887 | 1051 | (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an | |
| 888 | - | ||
| 1052 | + | 515 | |
| 889 | 1053 | offer or disposition of an interest in land if the interest in land lies within the | |
| 890 | - | ||
| 1054 | + | 516 | |
| 891 | 1055 | boundaries of the project area and the agency: | |
| 892 | - | - 13 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 893 | - | 436 | |
| 1056 | + | 517 | |
| 894 | 1057 | (i)(A) has a development review committee using at least one professional planner; | |
| 895 | - | ||
| 1058 | + | 518 | |
| 896 | 1059 | (B) enacts standards and guidelines that require approval of planning, land use, | |
| 897 | - | ||
| 1060 | + | 519 | |
| 898 | 1061 | and plats, including the approval of plans for streets, culinary water, sanitary | |
| 899 | - | ||
| 1062 | + | 520 | |
| 900 | 1063 | sewer, and flood control; and | |
| 901 | - | ||
| 1064 | + | 521 | |
| 902 | 1065 | (C) will have the improvements for streets, culinary water, sanitary sewer, and | |
| 903 | - | ||
| 1066 | + | 522 | |
| 904 | 1067 | flood control, plus telecommunications and electricity; and | |
| 905 | - | ||
| 1068 | + | 523 | |
| 906 | 1069 | (ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory | |
| 907 | - | ||
| 908 | - | assurance of completion of the improvements described in Subsection ( | |
| 909 | - | ||
| 910 | - | ( | |
| 911 | - | ||
| 1070 | + | 524 | |
| 1071 | + | assurance of completion of the improvements described in Subsection (9)(b)(i)(C). | |
| 1072 | + | 525 | |
| 1073 | + | (10)(a) The agency may request and, upon request, shall receive: | |
| 1074 | + | 526 | |
| 912 | 1075 | (i) fuel dispensing and motor pool services provided by the Division of Fleet | |
| 913 | - | ||
| 1076 | + | 527 | |
| 914 | 1077 | Operations; | |
| 915 | - | ||
| 1078 | + | 528 | |
| 916 | 1079 | (ii) surplus property services provided by the Division of Purchasing and General | |
| 917 | - | ||
| 1080 | + | 529 | |
| 918 | 1081 | Services; | |
| 919 | - | ||
| 1082 | + | 530 | |
| 920 | 1083 | (iii) information technology services provided by the Division of Technology | |
| 921 | - | ||
| 1084 | + | 531 | |
| 922 | 1085 | Services; | |
| 923 | - | ||
| 1086 | + | 532 | |
| 924 | 1087 | (iv) archive services provided by the Division of Archives and Records Service; | |
| 925 | - | ||
| 1088 | + | 533 | |
| 926 | 1089 | (v) financial services provided by the Division of Finance; | |
| 927 | - | ||
| 1090 | + | 534 | |
| 928 | 1091 | (vi) human resources services provided by the Division of Human Resource | |
| 929 | - | ||
| 1092 | + | 535 | |
| 930 | 1093 | Management; | |
| 931 | - | ||
| 1094 | + | 536 | |
| 932 | 1095 | (vii) legal services provided by the Office of the Attorney General; and | |
| 933 | - | ||
| 1096 | + | 537 | |
| 934 | 1097 | (viii) banking services provided by the Office of the State Treasurer. | |
| 935 | - | 457 | |
| 936 | - | (b) Nothing in Subsection (8)(a) may be construed to relieve the agency of the obligation | |
| 937 | - | 458 | |
| 938 | - | to pay the applicable fee for the service provided. | |
| 939 | - | 459 | |
| 940 | - | (9)(a) To govern agency procurements, the board shall adopt a procurement policy that | |
| 941 | - | 460 | |
| 1098 | + | 538 | |
| 1099 | + | (b) Nothing in Subsection (10)(a) may be construed to relieve the agency of the | |
| 1100 | + | 539 | |
| 1101 | + | obligation to pay the applicable fee for the service provided. | |
| 1102 | + | 540 | |
| 1103 | + | (11)(a) To govern agency procurements, the board shall adopt a procurement policy that | |
| 1104 | + | - 16 - 02-26 10:50 S.B. 337 | |
| 1105 | + | 541 | |
| 942 | 1106 | the board determines to be substantially consistent with applicable provisions of Title | |
| 943 | - | ||
| 1107 | + | 542 | |
| 944 | 1108 | 63G, Chapter 6a, Utah Procurement Code. | |
| 945 | - | ||
| 946 | - | (b) The board's determination under Subsection ( | |
| 947 | - | ||
| 1109 | + | 543 | |
| 1110 | + | (b) The board's determination under Subsection (11)(a) of substantial consistency is final | |
| 1111 | + | 544 | |
| 948 | 1112 | and conclusive. | |
| 949 | - | ||
| 1113 | + | 545 | |
| 950 | 1114 | Section 10. Section 11-71-301 is enacted to read: | |
| 951 | - | ||
| 1115 | + | 546 | |
| 952 | 1116 | ||
| 953 | 1117 | Part 3. Beehive Development Agency Board | |
| 954 | - | ||
| 955 | - | 11-71-301 (Effective 07 | |
| 956 | - | ||
| 1118 | + | 547 | |
| 1119 | + | 11-71-301 (Effective 05/07/25). Beehive Development Agency Board -- | |
| 1120 | + | 548 | |
| 957 | 1121 | Delegation. | |
| 958 | - | ||
| 1122 | + | 549 | |
| 959 | 1123 | (1) The agency shall be governed by a board which: | |
| 960 | - | ||
| 1124 | + | 550 | |
| 961 | 1125 | (a) shall manage and conduct the business and affairs of the agency; | |
| 962 | - | - 14 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 963 | - | 470 | |
| 1126 | + | 551 | |
| 964 | 1127 | (b) shall determine all questions of agency policy; and | |
| 965 | - | ||
| 1128 | + | 552 | |
| 966 | 1129 | (c) constitutes a mixed-function board. | |
| 967 | - | 472 | |
| 968 | - | (2) The board may hire an administrative secretary to staff the board. | |
| 969 | - | 473 | |
| 970 | - | (3) The board may by resolution delegate powers to the administrative secretary. | |
| 971 | - | 474 | |
| 1130 | + | 553 | |
| 1131 | + | (2) The board may by resolution delegate powers to agency staff. | |
| 1132 | + | 554 | |
| 972 | 1133 | Section 11. Section 11-71-302 is enacted to read: | |
| 973 | - | ||
| 974 | - | 11-71-302 (Effective 07 | |
| 975 | - | ||
| 1134 | + | 555 | |
| 1135 | + | 11-71-302 (Effective 05/07/25). Number of board members -- Appointment -- | |
| 1136 | + | 556 | |
| 976 | 1137 | Vacancies. | |
| 977 | - | ||
| 1138 | + | 557 | |
| 978 | 1139 | (1) The agency board consists of five voting members described in Subsection (2). | |
| 979 | - | ||
| 1140 | + | 558 | |
| 980 | 1141 | (2)(a) The governor shall appoint three members to the board. | |
| 981 | - | ||
| 1142 | + | 559 | |
| 982 | 1143 | (b) The speaker of the House of Representatives shall appoint one member to the board. | |
| 983 | - | ||
| 1144 | + | 560 | |
| 984 | 1145 | (c) The president of the Senate shall appoint one member to the board. | |
| 985 | - | ||
| 1146 | + | 561 | |
| 986 | 1147 | (3)(a) Except as provided in Subsection (3)(b), the term of a board member is four years. | |
| 987 | - | ||
| 1148 | + | 562 | |
| 988 | 1149 | (b) At the time of appointment of the initial board, the governor shall appoint two | |
| 989 | - | ||
| 1150 | + | 563 | |
| 990 | 1151 | members for a term of two years to ensure that the terms of board members are | |
| 991 | - | ||
| 1152 | + | 564 | |
| 992 | 1153 | staggered so that approximately half of the board is appointed every two years. | |
| 993 | - | ||
| 1154 | + | 565 | |
| 994 | 1155 | (4) Board members may not serve more than two full consecutive terms except when the | |
| 995 | - | ||
| 1156 | + | 566 | |
| 996 | 1157 | appointing officer determines that an additional term is in the best interest of the state. | |
| 997 | - | ||
| 1158 | + | 567 | |
| 998 | 1159 | (5) A member of the board appointed under Subsection (2) serves at the pleasure of and | |
| 999 | - | ||
| 1160 | + | 568 | |
| 1000 | 1161 | may be removed and replaced at any time, with or without cause, by the individual who | |
| 1001 | - | ||
| 1162 | + | 569 | |
| 1002 | 1163 | appointed the member. | |
| 1003 | - | ||
| 1164 | + | 570 | |
| 1004 | 1165 | (6) When a vacancy occurs in the membership of the board for any reason, the replacement | |
| 1005 | - | ||
| 1166 | + | 571 | |
| 1006 | 1167 | shall be appointed for the unexpired term. | |
| 1007 | - | ||
| 1168 | + | 572 | |
| 1008 | 1169 | (7) A majority of board members, not including a vacancy, constitutes a quorum for | |
| 1009 | - | ||
| 1170 | + | 573 | |
| 1010 | 1171 | conducting board business and exercising board power. | |
| 1011 | - | ||
| 1172 | + | 574 | |
| 1012 | 1173 | (8)(a) The governor shall select one board member as the board's chair. | |
| 1013 | - | 495 | |
| 1174 | + | - 17 - S.B. 337 02-26 10:50 | |
| 1175 | + | 575 | |
| 1014 | 1176 | (b) The board shall select one board member as the board's vice chair. | |
| 1015 | - | ||
| 1177 | + | 576 | |
| 1016 | 1178 | (9) Each board member shall serve until a successor is duly appointed and qualified. | |
| 1017 | - | ||
| 1179 | + | 577 | |
| 1018 | 1180 | (10) The board may appoint one or more advisory committees that may include individuals | |
| 1019 | - | ||
| 1181 | + | 578 | |
| 1020 | 1182 | from public entities, community organizations, environmental organizations, business | |
| 1021 | - | ||
| 1183 | + | 579 | |
| 1022 | 1184 | organizations, or other organizations or associations. | |
| 1023 | - | ||
| 1185 | + | 580 | |
| 1024 | 1186 | (11)(a) A member who is not a legislator may not receive compensation or benefits for | |
| 1025 | - | ||
| 1187 | + | 581 | |
| 1026 | 1188 | the member's service, but may receive per diem and travel expenses in accordance | |
| 1027 | - | ||
| 1189 | + | 582 | |
| 1028 | 1190 | with: | |
| 1029 | - | ||
| 1191 | + | 583 | |
| 1030 | 1192 | (i) Section 63A-3-106; | |
| 1031 | - | - 15 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 1032 | - | 504 | |
| 1193 | + | 584 | |
| 1033 | 1194 | (ii) Section 63A-3-107; and | |
| 1034 | - | ||
| 1195 | + | 585 | |
| 1035 | 1196 | (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107. | |
| 1036 | - | ||
| 1197 | + | 586 | |
| 1037 | 1198 | (b) Compensation and expenses of a board member who is a legislator are governed by | |
| 1038 | - | ||
| 1199 | + | 587 | |
| 1039 | 1200 | Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator | |
| 1040 | - | ||
| 1201 | + | 588 | |
| 1041 | 1202 | Compensation. | |
| 1042 | - | ||
| 1203 | + | 589 | |
| 1043 | 1204 | (12) A member shall comply with the conflict of interest provisions described in Title 63G, | |
| 1044 | - | ||
| 1205 | + | 590 | |
| 1045 | 1206 | Chapter 24, Part 3, Conflicts of Interest. | |
| 1046 | - | ||
| 1207 | + | 591 | |
| 1047 | 1208 | Section 12. Section 11-71-304 is enacted to read: | |
| 1048 | - | 512 | |
| 1049 | - | 11-71-304 (Effective 07/01/25). Limitations on board members and | |
| 1050 | - | 513 | |
| 1051 | - | commissioner -- Annual conflict of interest disclosure statement -- Penalties. | |
| 1052 | - | 514 | |
| 1053 | - | (1) As used in this section, "established project area" means a project area: | |
| 1054 | - | 515 | |
| 1055 | - | (a) created under this chapter; or | |
| 1056 | - | 516 | |
| 1057 | - | (b) an authority-run project area if: | |
| 1058 | - | 517 | |
| 1059 | - | (i) in regard to the commissioner, the authority-run project area is established by an | |
| 1060 | - | 518 | |
| 1061 | - | authority other than the Beehive Development Agency at the recommendation of | |
| 1062 | - | 519 | |
| 1063 | - | the commissioner; and | |
| 1064 | - | 520 | |
| 1065 | - | (ii) in regard to a board member and the commissioner, the board and authority enter | |
| 1066 | - | 521 | |
| 1067 | - | into an agreement for the board to direct the authority's participation in a | |
| 1068 | - | 522 | |
| 1069 | - | significant community impact project plan, as described in Section 11-71-401. | |
| 1070 | - | 523 | |
| 1209 | + | 592 | |
| 1210 | + | 11-71-304 (Effective 05/07/25). Limitations on board members and chief | |
| 1211 | + | 593 | |
| 1212 | + | executive officer -- Annual conflict of interest disclosure statement -- Penalties. | |
| 1213 | + | 594 | |
| 1214 | + | (1) As used in this section: | |
| 1215 | + | 595 | |
| 1216 | + | (a) "Chief executive officer" means the chief executive officer of the Governor's Office | |
| 1217 | + | 596 | |
| 1218 | + | of Economic Opportunity. | |
| 1219 | + | 597 | |
| 1220 | + | (b) "Established project area" means a project area: | |
| 1221 | + | 598 | |
| 1222 | + | (i) created under this chapter; or | |
| 1223 | + | 599 | |
| 1224 | + | (ii) an authority-run project area if: | |
| 1225 | + | 600 | |
| 1226 | + | (A) in regard to the chief executive officer, the authority-run project area is | |
| 1227 | + | 601 | |
| 1228 | + | established by an authority other than the Beehive Development Agency at the | |
| 1229 | + | 602 | |
| 1230 | + | recommendation of the chief executive officer; and | |
| 1231 | + | 603 | |
| 1232 | + | (B) in regard to a board member and the chief executive officer, the board and | |
| 1233 | + | 604 | |
| 1234 | + | authority enter into an agreement for the board to direct the authority's | |
| 1235 | + | 605 | |
| 1236 | + | participation in a significant community impact project plan, as described in | |
| 1237 | + | 606 | |
| 1238 | + | Section 11-71-401. | |
| 1239 | + | 607 | |
| 1071 | 1240 | (2)(a) An individual is subject to Subsection (2)(b) if: | |
| 1072 | - | ||
| 1241 | + | 608 | |
| 1073 | 1242 | (i) the individual owns real property, other than a personal residence in which the | |
| 1074 | - | 525 | |
| 1243 | + | - 18 - 02-26 10:50 S.B. 337 | |
| 1244 | + | 609 | |
| 1075 | 1245 | individual resides, within an established project area, whether or not the | |
| 1076 | - | ||
| 1246 | + | 610 | |
| 1077 | 1247 | ownership interest is a recorded interest; | |
| 1078 | - | ||
| 1248 | + | 611 | |
| 1079 | 1249 | (ii) a family member of the individual owns an interest in real property, other than a | |
| 1080 | - | ||
| 1250 | + | 612 | |
| 1081 | 1251 | personal residence in which the family member resides, located within an | |
| 1082 | - | ||
| 1252 | + | 613 | |
| 1083 | 1253 | established project area; or | |
| 1084 | - | ||
| 1254 | + | 614 | |
| 1085 | 1255 | (iii) the individual or a family member of the individual owns an interest in, is | |
| 1086 | - | ||
| 1256 | + | 615 | |
| 1087 | 1257 | directly affiliated with, or is an employee or officer of a private firm, private | |
| 1088 | - | ||
| 1258 | + | 616 | |
| 1089 | 1259 | company, or other private entity that the individual reasonably believes is likely to: | |
| 1090 | - | ||
| 1260 | + | 617 | |
| 1091 | 1261 | (A) participate in or receive a direct financial benefit from the development of a | |
| 1092 | - | ||
| 1262 | + | 618 | |
| 1093 | 1263 | project area; or | |
| 1094 | - | ||
| 1264 | + | 619 | |
| 1095 | 1265 | (B) acquire an interest in or locate a facility within an established project area. | |
| 1096 | - | ||
| 1266 | + | 620 | |
| 1097 | 1267 | (b) An individual described in Subsection (2)(a): | |
| 1098 | - | 537 | |
| 1099 | - | (i) may not be employed as the commissioner; | |
| 1100 | - | - 16 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 1101 | - | 538 | |
| 1268 | + | 621 | |
| 1269 | + | (i) may not be employed as the chief executive officer; or | |
| 1270 | + | 622 | |
| 1102 | 1271 | (ii) may not, if the individual is a board member, participate in the consideration or | |
| 1103 | - | ||
| 1272 | + | 623 | |
| 1104 | 1273 | vote on any matter affecting the individual or family member's interest or | |
| 1105 | - | ||
| 1274 | + | 624 | |
| 1106 | 1275 | affiliation described in Subsection (2)(a). | |
| 1107 | - | 541 | |
| 1108 | - | (3) Before taking office as a board member or accepting employment as commissioner, an | |
| 1109 | - | 542 | |
| 1110 | - | individual shall submit to the governor and the president of the Senate a statement | |
| 1111 | - | 543 | |
| 1112 | - | verifying that the individual's service or employment does not violate this section. | |
| 1113 | - | 544 | |
| 1276 | + | 625 | |
| 1277 | + | (3) Before taking office as a board member or accepting employment as chief executive | |
| 1278 | + | 626 | |
| 1279 | + | officer, an individual shall submit to the governor and the president of the Senate a | |
| 1280 | + | 627 | |
| 1281 | + | statement verifying that the individual's service as a board member or employment as | |
| 1282 | + | 628 | |
| 1283 | + | chief executive officer does not violate this section. | |
| 1284 | + | 629 | |
| 1114 | 1285 | (4)(a) An individual may not, at any time during the individual's service as a board | |
| 1115 | - | ||
| 1116 | - | member or employment as | |
| 1117 | - | ||
| 1118 | - | negotiate, or otherwise arrange for the acquisition of, an interest in real | |
| 1119 | - | ||
| 1120 | - | located within an established project area, if: | |
| 1121 | - | ||
| 1286 | + | 630 | |
| 1287 | + | member or employment as chief executive officer, acquire, or take any action to | |
| 1288 | + | 631 | |
| 1289 | + | initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real | |
| 1290 | + | 632 | |
| 1291 | + | property located within an established project area, if: | |
| 1292 | + | 633 | |
| 1122 | 1293 | (i) the acquisition is in the individual's personal capacity or in the individual's | |
| 1123 | - | ||
| 1294 | + | 634 | |
| 1124 | 1295 | capacity as an employee or officer of a private firm, private company, or other | |
| 1125 | - | ||
| 1296 | + | 635 | |
| 1126 | 1297 | private entity; and | |
| 1127 | - | ||
| 1298 | + | 636 | |
| 1128 | 1299 | (ii) the acquisition will enable the individual to receive a direct financial benefit as a | |
| 1129 | - | ||
| 1300 | + | 637 | |
| 1130 | 1301 | result of the development of the established project area. | |
| 1131 | - | ||
| 1302 | + | 638 | |
| 1132 | 1303 | (b) Subsection (4)(a) does not apply to an individual's acquisition of, or action to initiate, | |
| 1133 | - | ||
| 1304 | + | 639 | |
| 1134 | 1305 | negotiate, or otherwise arrange for the acquisition of, an interest in real property that | |
| 1135 | - | ||
| 1306 | + | 640 | |
| 1136 | 1307 | is a personal residence in which the individual will reside upon acquisition of the real | |
| 1137 | - | ||
| 1308 | + | 641 | |
| 1138 | 1309 | property. | |
| 1139 | - | 557 | |
| 1140 | - | (5)(a) A board member or the commissioner may not receive a direct financial benefit | |
| 1141 | - | 558 | |
| 1142 | - | from the development of a project in an established project area. | |
| 1143 | - | 559 | |
| 1310 | + | 642 | |
| 1311 | + | (5)(a) A board member or the chief executive officer may not receive a direct financial | |
| 1312 | + | - 19 - S.B. 337 02-26 10:50 | |
| 1313 | + | 643 | |
| 1314 | + | benefit from the development of a project in an established project area. | |
| 1315 | + | 644 | |
| 1144 | 1316 | (b) For purposes of Subsection (5)(a), a direct financial benefit does not include: | |
| 1145 | - | ||
| 1317 | + | 645 | |
| 1146 | 1318 | (i) expense reimbursements; | |
| 1147 | - | ||
| 1319 | + | 646 | |
| 1148 | 1320 | (ii) per diem pay for board member service, if applicable; or | |
| 1149 | - | 562 | |
| 1150 | - | (iii) the commissioner's compensation or benefits from employment with the state. | |
| 1151 | - | 563 | |
| 1321 | + | 647 | |
| 1322 | + | (iii) the chief executive officer's compensation or benefits from employment with the | |
| 1323 | + | 648 | |
| 1324 | + | state. | |
| 1325 | + | 649 | |
| 1152 | 1326 | (6) In addition to any other limitation on a board member described in this section, a board | |
| 1153 | - | ||
| 1327 | + | 650 | |
| 1154 | 1328 | member shall, no sooner than January 1 and no later than January 31 of each year during | |
| 1155 | - | ||
| 1329 | + | 651 | |
| 1156 | 1330 | which the board member holds office on the board: | |
| 1157 | - | ||
| 1331 | + | 652 | |
| 1158 | 1332 | (a) prepare a written conflict of interest disclosure statement that contains a response to | |
| 1159 | - | ||
| 1333 | + | 653 | |
| 1160 | 1334 | each item of information described in Subsection 20A-11-1604(6); and | |
| 1161 | - | 568 | |
| 1162 | - | (b) submit the written disclosure statement to the state auditor or the board's | |
| 1163 | - | 569 | |
| 1164 | - | administrative secretary. | |
| 1165 | - | 570 | |
| 1335 | + | 654 | |
| 1336 | + | (b) submit the written disclosure statement to the state auditor. | |
| 1337 | + | 655 | |
| 1166 | 1338 | (7)(a) No later than 10 business days after the date on which the board member submits | |
| 1167 | - | 571 | |
| 1168 | - | the written disclosure statement described in Subsection (6), the state auditor or | |
| 1169 | - | - 17 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 1170 | - | 572 | |
| 1171 | - | board's administrative secretary shall: | |
| 1172 | - | 573 | |
| 1339 | + | 656 | |
| 1340 | + | the written disclosure statement described in Subsection (6), the state auditor shall: | |
| 1341 | + | 657 | |
| 1173 | 1342 | (i) post an electronic copy of the written disclosure statement on a website | |
| 1174 | - | ||
| 1175 | - | maintained by the state auditor | |
| 1176 | - | ||
| 1343 | + | 658 | |
| 1344 | + | maintained by the state auditor; and | |
| 1345 | + | 659 | |
| 1177 | 1346 | (ii) provide the lieutenant governor with a link to the electronic posting described in | |
| 1178 | - | ||
| 1347 | + | 660 | |
| 1179 | 1348 | Subsection (7)(a)(i). | |
| 1180 | - | ||
| 1349 | + | 661 | |
| 1181 | 1350 | (b) The agency shall ensure that the board member's written disclosure statement | |
| 1182 | - | ||
| 1351 | + | 662 | |
| 1183 | 1352 | remains posted on the board's or agency's website until the board member leaves | |
| 1184 | - | ||
| 1353 | + | 663 | |
| 1185 | 1354 | office. | |
| 1186 | - | 580 | |
| 1187 | - | (8) The state auditor or the board's administrative secretary shall take the action described | |
| 1188 | - | 581 | |
| 1189 | - | in Subsection (9) if: | |
| 1190 | - | 582 | |
| 1355 | + | 664 | |
| 1356 | + | (8) The state auditor shall take the action described in Subsection (9) if: | |
| 1357 | + | 665 | |
| 1191 | 1358 | (a) a board member fails to timely submit the written disclosure statement described in | |
| 1192 | - | ||
| 1359 | + | 666 | |
| 1193 | 1360 | Subsection (6); or | |
| 1194 | - | ||
| 1361 | + | 667 | |
| 1195 | 1362 | (b) a submitted written disclosure statement does not comply with the requirements of | |
| 1196 | - | ||
| 1363 | + | 668 | |
| 1197 | 1364 | Subsection 20A-11-1604(6). | |
| 1198 | - | 586 | |
| 1199 | - | (9) If a circumstance described in Subsection (8) occurs, the state auditor or board's | |
| 1200 | - | 587 | |
| 1201 | - | administrative secretary shall, within five days after the day on which the state auditor or | |
| 1202 | - | 588 | |
| 1203 | - | board's administrative secretary determines that a violation occurred, notify the board | |
| 1204 | - | 589 | |
| 1205 | - | member of the violation and direct the board member to submit an amended written | |
| 1206 | - | 590 | |
| 1207 | - | disclosure statement correcting the problem. | |
| 1208 | - | 591 | |
| 1365 | + | 669 | |
| 1366 | + | (9) If a circumstance described in Subsection (8) occurs, the state auditor shall, within five | |
| 1367 | + | 670 | |
| 1368 | + | days after the day on which the state auditor determines that a violation occurred, notify | |
| 1369 | + | 671 | |
| 1370 | + | the board member of the violation and direct the board member to submit an amended | |
| 1371 | + | 672 | |
| 1372 | + | written disclosure statement correcting the problem. | |
| 1373 | + | 673 | |
| 1209 | 1374 | (10)(a) It is unlawful for a board member to fail to submit or amend a written disclosure | |
| 1210 | - | ||
| 1375 | + | 674 | |
| 1211 | 1376 | statement within seven days after the day on which the board member receives the | |
| 1212 | - | ||
| 1377 | + | 675 | |
| 1213 | 1378 | notice described in Subsection (9). | |
| 1214 | - | ||
| 1379 | + | 676 | |
| 1215 | 1380 | (b) A board member who violates Subsection (10)(a) is guilty of a class B misdemeanor. | |
| 1216 | - | 595 | |
| 1217 | - | (c) The state auditor or board's administrative secretary, as applicable, shall report a | |
| 1218 | - | 596 | |
| 1219 | - | violation of Subsection (10)(a) to the attorney general. | |
| 1220 | - | 597 | |
| 1381 | + | - 20 - 02-26 10:50 S.B. 337 | |
| 1382 | + | 677 | |
| 1383 | + | (c) The state auditor shall report a violation of Subsection (10)(a) to the attorney general. | |
| 1384 | + | 678 | |
| 1221 | 1385 | (d) In addition to the criminal penalty described in Subsection (10)(b), the state auditor | |
| 1222 | - | ||
| 1223 | - | ||
| 1224 | - | ||
| 1225 | - | ||
| 1226 | - | ||
| 1227 | - | (11) The state auditor | |
| 1228 | - | ||
| 1229 | - | ||
| 1230 | - | ||
| 1386 | + | 679 | |
| 1387 | + | shall impose a civil fine of $100 against a board member who violates Subsection | |
| 1388 | + | 680 | |
| 1389 | + | (10)(a). | |
| 1390 | + | 681 | |
| 1391 | + | (11) The state auditor shall retain a fine collected under this section to pay for the costs of | |
| 1392 | + | 682 | |
| 1393 | + | administering this section. | |
| 1394 | + | 683 | |
| 1231 | 1395 | (12) Nothing in this section may be construed to affect the application or effect of any other | |
| 1232 | - | ||
| 1396 | + | 684 | |
| 1233 | 1397 | code provision applicable to a board member or employee relating to ethics or conflicts | |
| 1234 | - | ||
| 1398 | + | 685 | |
| 1235 | 1399 | of interest. | |
| 1236 | - | ||
| 1400 | + | 686 | |
| 1237 | 1401 | Section 13. Section 11-71-305 is enacted to read: | |
| 1238 | - | - 18 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 1239 | - | 606 | |
| 1240 | - | 11-71-305 (Effective 07/01/25). Policymaking. | |
| 1241 | - | 607 | |
| 1402 | + | 687 | |
| 1403 | + | 11-71-305 (Effective 05/07/25). Policymaking. | |
| 1404 | + | 688 | |
| 1242 | 1405 | The board shall establish policies, in addition to the requirements of this chapter, | |
| 1243 | - | ||
| 1406 | + | 689 | |
| 1244 | 1407 | governing: | |
| 1245 | - | ||
| 1408 | + | 690 | |
| 1246 | 1409 | (1) proposed significant community impact project plans; | |
| 1247 | - | ||
| 1410 | + | 691 | |
| 1248 | 1411 | (2) criteria to consider a proposed significant community impact project plan; | |
| 1249 | - | ||
| 1412 | + | 692 | |
| 1250 | 1413 | (3) criteria to approve or deny a proposed significant community impact project plan; and | |
| 1251 | - | ||
| 1414 | + | 693 | |
| 1252 | 1415 | (4) any other policy the board considers necessary to fulfill the agency's duties under this | |
| 1253 | - | ||
| 1416 | + | 694 | |
| 1254 | 1417 | chapter. | |
| 1255 | - | ||
| 1418 | + | 695 | |
| 1256 | 1419 | Section 14. Section 11-71-401 is enacted to read: | |
| 1257 | - | ||
| 1420 | + | 696 | |
| 1258 | 1421 | ||
| 1259 | 1422 | Part 4. Significant Community Impact Project Plan and Project Areas | |
| 1260 | - | ||
| 1261 | - | 11-71-401 (Effective 07 | |
| 1262 | - | ||
| 1423 | + | 697 | |
| 1424 | + | 11-71-401 (Effective 05/07/25). Preparation of a significant community impact | |
| 1425 | + | 698 | |
| 1263 | 1426 | project plan -- Required contents of a significant community impact project plan. | |
| 1264 | - | ||
| 1265 | - | (1) The | |
| 1266 | - | ||
| 1267 | - | the board for the board's consideration. | |
| 1268 | - | ||
| 1427 | + | 699 | |
| 1428 | + | (1) The chief executive officer may present a proposed significant community impact | |
| 1429 | + | 700 | |
| 1430 | + | project plan to the board for the board's consideration. | |
| 1431 | + | 701 | |
| 1269 | 1432 | (2) A proposed significant community impact project plan shall: | |
| 1270 | - | ||
| 1433 | + | 702 | |
| 1271 | 1434 | (a) describe the economic opportunity of statewide concern to be addressed through the | |
| 1272 | - | ||
| 1435 | + | 703 | |
| 1273 | 1436 | proposed significant community impact project; | |
| 1274 | - | ||
| 1437 | + | 704 | |
| 1275 | 1438 | (b) describe how the proposed significant community impact project promotes the | |
| 1276 | - | ||
| 1439 | + | 705 | |
| 1277 | 1440 | strategic economic development objectives for the state, as established by the council; | |
| 1278 | - | ||
| 1441 | + | 706 | |
| 1279 | 1442 | (c) except as provided in Subsection (6), describe the proposed project area for the | |
| 1280 | - | ||
| 1443 | + | 707 | |
| 1281 | 1444 | proposed significant community impact project, including: | |
| 1282 | - | ||
| 1445 | + | 708 | |
| 1283 | 1446 | (i) a boundary description of each proposed project area; | |
| 1284 | - | 628 | |
| 1285 | - | (ii) a proposed base taxable year; | |
| 1286 | - | 629 | |
| 1287 | - | (iii) the percent of property tax differential, not to exceed 75% for the initial period or | |
| 1288 | - | 630 | |
| 1289 | - | 50% for any secondary period, to be captured in a proposed project area; | |
| 1290 | - | 631 | |
| 1291 | - | (iv) taxes proposed to be levied in the project area; and | |
| 1292 | - | 632 | |
| 1293 | - | (v) the information described in Subsection (5); | |
| 1294 | - | 633 | |
| 1447 | + | 709 | |
| 1448 | + | (ii) a proposed base taxable value for each proposed project area; | |
| 1449 | + | 710 | |
| 1450 | + | (iii) a proposed base taxable year; | |
| 1451 | + | - 21 - S.B. 337 02-26 10:50 | |
| 1452 | + | 711 | |
| 1453 | + | (iv) a proposed sales and use tax boundary; | |
| 1454 | + | 712 | |
| 1455 | + | (v) a proposed sales and use tax base year; | |
| 1456 | + | 713 | |
| 1457 | + | (vi) the time period proposed for the collection of property tax differential and sales | |
| 1458 | + | 714 | |
| 1459 | + | and use tax differential, not to exceed: | |
| 1460 | + | 715 | |
| 1461 | + | (A) an initial 25-year period; and | |
| 1462 | + | 716 | |
| 1463 | + | (B) an optional secondary 15-year period; and | |
| 1464 | + | 717 | |
| 1465 | + | (vii) the information described in Subsection (5); | |
| 1466 | + | 718 | |
| 1295 | 1467 | (d) describe any grants, awards, loans, or other incentives authorized under Title 63N, | |
| 1296 | - | ||
| 1468 | + | 719 | |
| 1297 | 1469 | Economic Opportunity Act, that will be leveraged in the significant community | |
| 1298 | - | ||
| 1470 | + | 720 | |
| 1299 | 1471 | impact project plan, including: | |
| 1300 | - | ||
| 1472 | + | 721 | |
| 1301 | 1473 | (i) a grant under Title 63N, Chapter 3, Part 10, Economic Assistance Grant Program; | |
| 1302 | - | ||
| 1474 | + | 722 | |
| 1303 | 1475 | (ii) a grant under Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant | |
| 1304 | - | ||
| 1476 | + | 723 | |
| 1305 | 1477 | Program; | |
| 1306 | - | ||
| 1478 | + | 724 | |
| 1307 | 1479 | (iii) an award from the Industrial Assistance Account under Title 63N, Chapter 3, | |
| 1308 | - | - 19 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 1309 | - | 640 | |
| 1480 | + | 725 | |
| 1310 | 1481 | Part 1, Industrial Assistance Account; | |
| 1311 | - | ||
| 1482 | + | 726 | |
| 1312 | 1483 | (iv) an award under Title 63N, Chapter 4, Rural Development Act; or | |
| 1313 | - | ||
| 1484 | + | 727 | |
| 1314 | 1485 | (v) a tax credit incentive under Title 63N, Chapter 2, Tax Credit Incentives for | |
| 1315 | - | 643 | |
| 1316 | - | Economic Development; | |
| 1317 | - | 644 | |
| 1318 | - | (e) describe any local grants, awards, loans, or other incentives that will be leveraged in | |
| 1319 | - | 645 | |
| 1320 | - | the significant community impact project plan; | |
| 1321 | - | 646 | |
| 1322 | - | (f) describe estimated economic impacts the project will have on the project area, | |
| 1323 | - | 647 | |
| 1324 | - | including projected revenues to the state or the project area; | |
| 1325 | - | 648 | |
| 1326 | - | (g) if it is proposed that the board contract with a person to manage all or part of a | |
| 1327 | - | 649 | |
| 1328 | - | significant impact project plan; and | |
| 1329 | - | 650 | |
| 1330 | - | (h) include any other information the board requires. | |
| 1331 | - | 651 | |
| 1486 | + | 728 | |
| 1487 | + | Economic Development; and | |
| 1488 | + | 729 | |
| 1489 | + | (e) include any other information the board requires. | |
| 1490 | + | 730 | |
| 1332 | 1491 | (3) A grant, award, loan, or other incentive described in Subsection (2)(d): | |
| 1333 | - | ||
| 1492 | + | 731 | |
| 1334 | 1493 | (a) may proceed with or without an approved significant community impact project; | |
| 1335 | - | ||
| 1494 | + | 732 | |
| 1336 | 1495 | (b) is not required to be approved by the board; and | |
| 1337 | - | ||
| 1496 | + | 733 | |
| 1338 | 1497 | (c) if the grant, award, loan, or other incentive is proposed in the significant community | |
| 1339 | - | ||
| 1498 | + | 734 | |
| 1340 | 1499 | impact project plan, the grant, award, loan, or other incentive becomes project area | |
| 1341 | - | ||
| 1500 | + | 735 | |
| 1342 | 1501 | funds, as described in Section 11-71-501, upon the board's adoption of the significant | |
| 1343 | - | ||
| 1502 | + | 736 | |
| 1344 | 1503 | community impact project plan. | |
| 1345 | - | 658 | |
| 1346 | - | (4) Nothing in this section shall be construed to eliminate requirements that ordinarily apply | |
| 1347 | - | 659 | |
| 1348 | - | before a grant, award, loan, or other incentive may be issued to a recipient. | |
| 1349 | - | 660 | |
| 1350 | - | (5) Land included or to be included within a single project area is not required to be | |
| 1351 | - | 661 | |
| 1504 | + | 737 | |
| 1505 | + | (4) Land included or to be included within a single project area is not required to be | |
| 1506 | + | 738 | |
| 1352 | 1507 | contiguous. | |
| 1353 | - | 662 | |
| 1354 | - | (6)(a) The commissioner shall provide the legislative body of a municipality or county | |
| 1355 | - | 663 | |
| 1356 | - | proposed to be included or impacted by a project area in a significant community | |
| 1357 | - | 664 | |
| 1358 | - | impact project plan with a draft plan that includes the information described in | |
| 1359 | - | 665 | |
| 1360 | - | Subsection (2). | |
| 1361 | - | 666 | |
| 1362 | - | (b) A legislative body shall consent or not consent to inclusion in a significant | |
| 1363 | - | 667 | |
| 1364 | - | community impact plan within 45 days of the day on which the commissioner | |
| 1365 | - | 668 | |
| 1366 | - | provides the draft plan described in Subsection (6)(a). | |
| 1367 | - | 669 | |
| 1368 | - | (7)(a) A project area described in a proposed significant community impact plan: | |
| 1369 | - | 670 | |
| 1370 | - | (i) may include state land; and | |
| 1371 | - | 671 | |
| 1372 | - | (ii) may include other public or private land, whether or not the public or private land | |
| 1373 | - | 672 | |
| 1374 | - | is contiguous to state land, if: | |
| 1375 | - | 673 | |
| 1376 | - | (A) the legislative body of the county in which the other public or private land is | |
| 1377 | - | - 20 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 1378 | - | 674 | |
| 1379 | - | located, if the other public land or private land is located in an unincorporated | |
| 1380 | - | 675 | |
| 1381 | - | county, passes a resolution consenting to the inclusion of the land in the project | |
| 1382 | - | 676 | |
| 1383 | - | area; | |
| 1384 | - | 677 | |
| 1385 | - | (B) the legislative body of an included municipality passes a resolution consenting | |
| 1386 | - | 678 | |
| 1387 | - | to the inclusion of the land in the project area; and | |
| 1388 | - | 679 | |
| 1389 | - | (C) the owner of the other public or private land consents to the inclusion of the | |
| 1390 | - | 680 | |
| 1391 | - | land in the project area. | |
| 1392 | - | 681 | |
| 1393 | - | (b) Consent provided under Subsection (6)(a)(ii)(A), (B), or (C) is irrevocable. | |
| 1394 | - | 682 | |
| 1395 | - | (c) If a project area is to be on state land, as described in Subsection (7)(a)(i), the | |
| 1396 | - | 683 | |
| 1397 | - | description of a project area shall include written acknowledgment from the state | |
| 1398 | - | 684 | |
| 1399 | - | officer, board chair, or other individual responsible for the state land. | |
| 1400 | - | 685 | |
| 1401 | - | (8) In presenting a proposed significant community impact project plan to the board, the | |
| 1402 | - | 686 | |
| 1403 | - | commissioner shall describe how the commissioner consulted with a county and | |
| 1404 | - | 687 | |
| 1405 | - | municipality that may be affected by the adoption of a significant community impact | |
| 1406 | - | 688 | |
| 1407 | - | project area. | |
| 1408 | - | 689 | |
| 1409 | - | (9)(a) The commissioner may propose a significant community impact project plan that | |
| 1410 | - | 690 | |
| 1411 | - | requests an authority create an authority-run project area, under the authority's | |
| 1412 | - | 691 | |
| 1413 | - | statutory provisions, as part of a proposed significant community impact project plan. | |
| 1414 | - | 692 | |
| 1415 | - | (b) The board may request an authority described in Subsection (9)(a) enter into an | |
| 1416 | - | 693 | |
| 1508 | + | 739 | |
| 1509 | + | (5) If a project area is to be on state land, the description of a project area shall include | |
| 1510 | + | 740 | |
| 1511 | + | written acknowledgment from the state officer, board chair, or other individual | |
| 1512 | + | 741 | |
| 1513 | + | responsible for the state land. | |
| 1514 | + | 742 | |
| 1515 | + | (6)(a) The chief executive officer may propose a significant community impact project | |
| 1516 | + | 743 | |
| 1517 | + | plan that requests an authority create an authority-run project area, under the | |
| 1518 | + | 744 | |
| 1519 | + | authority's statutory provisions, as part of a proposed significant community impact | |
| 1520 | + | - 22 - 02-26 10:50 S.B. 337 | |
| 1521 | + | 745 | |
| 1522 | + | project plan. | |
| 1523 | + | 746 | |
| 1524 | + | (b) The board may request an authority described in Subsection (6)(a) enter into an | |
| 1525 | + | 747 | |
| 1417 | 1526 | agreement with the board to participate in a significant community impact project | |
| 1418 | - | ||
| 1527 | + | 748 | |
| 1419 | 1528 | plan, once approved, under the board's direction. | |
| 1420 | - | 695 | |
| 1421 | - | (c) If an authority creates an authority-run project area pursuant to a significant | |
| 1422 | - | 696 | |
| 1423 | - | community impact project plan established under this chapter, the agency may not: | |
| 1424 | - | 697 | |
| 1425 | - | (i) levy taxes in the authority-run project area; or | |
| 1426 | - | 698 | |
| 1427 | - | (ii) collect property tax differential from the authority-run project area. | |
| 1428 | - | 699 | |
| 1429 | - | (10) If a parcel within a proposed project area is part of a project area, as that term is | |
| 1430 | - | 700 | |
| 1431 | - | defined in Section 17C-1-102, a housing and transit reinvestment zone created under | |
| 1432 | - | 701 | |
| 1433 | - | Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, a first home | |
| 1434 | - | 702 | |
| 1435 | - | investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment | |
| 1436 | - | 703 | |
| 1437 | - | Zone Act, or a home ownership promotion zone created under Title 10, Chapter 9a, Part | |
| 1438 | - | 704 | |
| 1439 | - | 10, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 27a, Part | |
| 1440 | - | 705 | |
| 1441 | - | 12, Home Ownership Promotion Zone for Counties, the commissioner and board shall: | |
| 1442 | - | 706 | |
| 1443 | - | (a) work with the relevant local government entity to establish how the overlapping | |
| 1444 | - | 707 | |
| 1445 | - | parcel shall be managed and how revenue generated by activity on the parcel shall be | |
| 1446 | - | - 21 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 1447 | - | 708 | |
| 1448 | - | distributed, as specified in the proposal; and | |
| 1449 | - | 709 | |
| 1450 | - | (b) consult with the State Tax Commission to determine whether the distribution plan | |
| 1451 | - | 710 | |
| 1452 | - | described in Subsection (10)(a) is feasible. | |
| 1453 | - | 711 | |
| 1529 | + | 749 | |
| 1530 | + | (7)(a) The chief executive officer is not required to secure local consent from any | |
| 1531 | + | 750 | |
| 1532 | + | affected local government entity before making a proposal for a significant | |
| 1533 | + | 751 | |
| 1534 | + | community impact project plan or associated project area, as described in this section. | |
| 1535 | + | 752 | |
| 1536 | + | (b) In presenting a proposed significant community impact project plan to the board, the | |
| 1537 | + | 753 | |
| 1538 | + | chief executive officer shall describe how the chief executive officer consulted with a | |
| 1539 | + | 754 | |
| 1540 | + | local government entity that may be affected by the adoption of a significant | |
| 1541 | + | 755 | |
| 1542 | + | community impact project area. | |
| 1543 | + | 756 | |
| 1454 | 1544 | Section 15. Section 11-71-402 is enacted to read: | |
| 1455 | - | ||
| 1456 | - | 11-71-402 (Effective 07 | |
| 1457 | - | ||
| 1545 | + | 757 | |
| 1546 | + | 11-71-402 (Effective 05/07/25). Public meeting to consider and discuss proposed | |
| 1547 | + | 758 | |
| 1458 | 1548 | significant community impact project plan -- Notice -- Modification to proposed | |
| 1459 | - | ||
| 1549 | + | 759 | |
| 1460 | 1550 | economic zone. | |
| 1461 | - | ||
| 1551 | + | 760 | |
| 1462 | 1552 | (1) The board shall hold at least one public meeting to consider and discuss a proposed | |
| 1463 | - | ||
| 1553 | + | 761 | |
| 1464 | 1554 | significant community impact project plan. | |
| 1465 | - | ||
| 1555 | + | 762 | |
| 1466 | 1556 | (2)(a) At least 15 days before holding a public meeting described under Subsection (1), | |
| 1467 | - | ||
| 1557 | + | 763 | |
| 1468 | 1558 | the board shall make the proposed significant community impact project plan | |
| 1469 | - | ||
| 1559 | + | 764 | |
| 1470 | 1560 | publicly available on a website. | |
| 1471 | - | ||
| 1561 | + | 765 | |
| 1472 | 1562 | (b) At least 10 days before holding a public meeting described in Subsection (1), the | |
| 1473 | - | ||
| 1563 | + | 766 | |
| 1474 | 1564 | board shall give notice of the public meeting: | |
| 1475 | - | ||
| 1565 | + | 767 | |
| 1476 | 1566 | (i) to each taxing entity that would be impacted by a project area in the proposed | |
| 1477 | - | ||
| 1567 | + | 768 | |
| 1478 | 1568 | significant community impact project area plan; | |
| 1479 | - | ||
| 1569 | + | 769 | |
| 1480 | 1570 | (ii) to a municipality located within one-half mile of a proposed project area in the | |
| 1481 | - | ||
| 1571 | + | 770 | |
| 1482 | 1572 | proposed significant community impact project area plan; and | |
| 1483 | - | ||
| 1573 | + | 771 | |
| 1484 | 1574 | (iii) for a proposed project area in the proposed significant community project area | |
| 1485 | - | ||
| 1575 | + | 772 | |
| 1486 | 1576 | plan, as a class A notice under Section 63G-30-102, for at least 10 days. | |
| 1487 | - | 728 | |
| 1488 | - | (3) Before adopting a proposed significant community impact project plan, the board may | |
| 1489 | - | 729 | |
| 1490 | - | make other modifications to the proposed significant community impact project plan | |
| 1491 | - | 730 | |
| 1492 | - | that the board considers necessary or appropriate. | |
| 1493 | - | 731 | |
| 1494 | - | (4) Notwithstanding the provisions of this section, if a proposed significant community | |
| 1495 | - | 732 | |
| 1577 | + | 773 | |
| 1578 | + | (3)(a) A private owner of land proposed to be included within a proposed project area | |
| 1579 | + | 774 | |
| 1580 | + | may request that the owner's land be excluded from a project area. | |
| 1581 | + | 775 | |
| 1582 | + | (b) A request under Subsection (3)(a) shall be submitted to the board: | |
| 1583 | + | 776 | |
| 1584 | + | (i) in writing; and | |
| 1585 | + | 777 | |
| 1586 | + | (ii) no more than 45 days after the public meeting described in Subsection (1). | |
| 1587 | + | 778 | |
| 1588 | + | (4) Before adopting a proposed significant community impact project plan, the board: | |
| 1589 | + | - 23 - S.B. 337 02-26 10:50 | |
| 1590 | + | 779 | |
| 1591 | + | (a) shall eliminate from a proposed project area the land of any owner who timely | |
| 1592 | + | 780 | |
| 1593 | + | requests the owner's land to be excluded from the project area under Subsection (3); | |
| 1594 | + | 781 | |
| 1595 | + | and | |
| 1596 | + | 782 | |
| 1597 | + | (b) may make other modifications to the proposed significant community impact project | |
| 1598 | + | 783 | |
| 1599 | + | plan that the board considers necessary or appropriate. | |
| 1600 | + | 784 | |
| 1601 | + | (5) Notwithstanding Subsections (2) through (4), if a proposed significant community | |
| 1602 | + | 785 | |
| 1496 | 1603 | impact project plan includes the creation of an authority-run project area, the | |
| 1497 | - | ||
| 1604 | + | 786 | |
| 1498 | 1605 | authority-run project area shall be noticed and created by the authority designated in the | |
| 1499 | - | ||
| 1606 | + | 787 | |
| 1500 | 1607 | proposed significant community impact project plan according to the statutory | |
| 1501 | - | ||
| 1608 | + | 788 | |
| 1502 | 1609 | provisions governing the authority. | |
| 1503 | - | 736 | |
| 1610 | + | 789 | |
| 1611 | + | (6) The board may adopt no more than three significant community impact project areas in | |
| 1612 | + | 790 | |
| 1613 | + | a calendar year. | |
| 1614 | + | 791 | |
| 1504 | 1615 | Section 16. Section 11-71-403 is enacted to read: | |
| 1505 | - | ||
| 1506 | - | 11-71-403 (Effective 07 | |
| 1507 | - | ||
| 1616 | + | 792 | |
| 1617 | + | 11-71-403 (Effective 05/07/25). Approval -- Effective date -- Certain legal | |
| 1618 | + | 793 | |
| 1508 | 1619 | challenges barred. | |
| 1509 | - | 739 | |
| 1510 | - | (1) The board may not adopt a proposed significant community impact project plan unless | |
| 1511 | - | 740 | |
| 1512 | - | it is proposed by the commissioner. | |
| 1513 | - | 741 | |
| 1514 | - | (2) The board may adopt a project area as provided in this part, if the board receives written | |
| 1515 | - | - 22 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 1516 | - | 742 | |
| 1517 | - | consent to include the land in the project area described in the significant community | |
| 1518 | - | 743 | |
| 1519 | - | impact project plan from, as applicable: | |
| 1520 | - | 744 | |
| 1521 | - | (a) legislative body of the county in whose unincorporated area the land is located; or | |
| 1522 | - | 745 | |
| 1523 | - | (b) the legislative body of the municipality in which the land is located. | |
| 1524 | - | 746 | |
| 1525 | - | (3) The board may adopt a proposed significant community impact project plan by | |
| 1526 | - | 747 | |
| 1527 | - | resolution, with any modifications described in Section 11-71-402, following | |
| 1528 | - | 748 | |
| 1620 | + | 794 | |
| 1621 | + | (1) The board may adopt a proposed significant community impact project plan by | |
| 1622 | + | 795 | |
| 1623 | + | resolution, with any modifications described in Subsection 11-71-402(4), following | |
| 1624 | + | 796 | |
| 1529 | 1625 | consideration and discussion of: | |
| 1530 | - | ||
| 1626 | + | 797 | |
| 1531 | 1627 | (a) long-term population growth estimates in the state and areas in and around a | |
| 1532 | - | ||
| 1628 | + | 798 | |
| 1533 | 1629 | proposed project area; | |
| 1534 | - | ||
| 1630 | + | 799 | |
| 1535 | 1631 | (b) workforce needs and availability, especially for targeted industries identified by the | |
| 1536 | - | ||
| 1632 | + | 800 | |
| 1537 | 1633 | council; | |
| 1538 | - | ||
| 1634 | + | 801 | |
| 1539 | 1635 | (c) infrastructure needs in a proposed project area, including water, power, | |
| 1540 | - | ||
| 1636 | + | 802 | |
| 1541 | 1637 | transportation, and telecommunications; | |
| 1542 | - | ||
| 1638 | + | 803 | |
| 1543 | 1639 | (d) the availability of, and impact on the availability of, resources like water, energy, air | |
| 1544 | - | ||
| 1640 | + | 804 | |
| 1545 | 1641 | quality, and recreational opportunity; | |
| 1546 | - | ||
| 1642 | + | 805 | |
| 1547 | 1643 | (e) the needs of urban and rural areas of the state; | |
| 1548 | - | ||
| 1549 | - | (f) impacts to the quality of life for all residents of the state; | |
| 1550 | - | ||
| 1644 | + | 806 | |
| 1645 | + | (f) impacts to the quality of life for all residents of the state; and | |
| 1646 | + | 807 | |
| 1551 | 1647 | (g) any comments received before or during the public meeting described in Section | |
| 1552 | - | 760 | |
| 1553 | - | 11-71-402; and | |
| 1554 | - | 761 | |
| 1555 | - | (h) how the proposal meets the requirements under Section 11-71-401(2). | |
| 1556 | - | 762 | |
| 1557 | - | (4) A resolution approving a significant community impact project plan shall contain, at | |
| 1558 | - | 763 | |
| 1648 | + | 808 | |
| 1649 | + | 11-71-402. | |
| 1650 | + | 809 | |
| 1651 | + | (2) The board is not required to secure local consent from any affected local government | |
| 1652 | + | 810 | |
| 1653 | + | entity before approving a proposed significant community impact project plan or | |
| 1654 | + | 811 | |
| 1655 | + | associated project area. | |
| 1656 | + | 812 | |
| 1657 | + | (3) A resolution approving a significant community impact project plan shall contain, at | |
| 1658 | + | - 24 - 02-26 10:50 S.B. 337 | |
| 1659 | + | 813 | |
| 1559 | 1660 | minimum, the board's findings that: | |
| 1560 | - | ||
| 1661 | + | 814 | |
| 1561 | 1662 | (a) the proposed significant community impact project plan addresses an economic | |
| 1562 | - | ||
| 1663 | + | 815 | |
| 1563 | 1664 | opportunity of statewide concern; | |
| 1564 | - | ||
| 1665 | + | 816 | |
| 1565 | 1666 | (b) there is a public benefit to the proposed significant community impact project plan; | |
| 1566 | - | ||
| 1667 | + | 817 | |
| 1567 | 1668 | (c) the proposed significant community impact project plan is economically sound and | |
| 1568 | - | ||
| 1669 | + | 818 | |
| 1569 | 1670 | feasible to adopt and carry out; and | |
| 1570 | - | ||
| 1671 | + | 819 | |
| 1571 | 1672 | (d) if adopted, the proposed significant community impact project plan will promote | |
| 1572 | - | ||
| 1673 | + | 820 | |
| 1573 | 1674 | strategic economic development objectives for the state, as established by the council | |
| 1574 | - | ||
| 1675 | + | 821 | |
| 1575 | 1676 | under Section 63N-1a-502. | |
| 1576 | - | 772 | |
| 1577 | - | (5)(a) A significant community impact project plan and the project area associated with | |
| 1578 | - | 773 | |
| 1677 | + | 822 | |
| 1678 | + | (4) The board may adopt no more than three significant community impact project plans | |
| 1679 | + | 823 | |
| 1680 | + | and associated project areas in a calendar year. | |
| 1681 | + | 824 | |
| 1682 | + | (5) If a parcel within a project area approved by the board under this section is part of a | |
| 1683 | + | 825 | |
| 1684 | + | project area, as that term is defined in Section 17C-1-102, a housing and transit | |
| 1685 | + | 826 | |
| 1686 | + | reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit | |
| 1687 | + | 827 | |
| 1688 | + | Reinvestment Zone Act, a first home investment zone created under Title 63N, Chapter | |
| 1689 | + | 828 | |
| 1690 | + | 3, Part 16, First Home Investment Zone Act, or a home ownership promotion zone | |
| 1691 | + | 829 | |
| 1692 | + | created under Title 10, Chapter 9a, Part 10, Home Ownership Promotion Zone for | |
| 1693 | + | 830 | |
| 1694 | + | Municipalities, or Title 17, Chapter 27a, Part 12, Home Ownership Promotion Zone for | |
| 1695 | + | 831 | |
| 1696 | + | Counties, the chief executive officer and board shall work with the relevant local | |
| 1697 | + | 832 | |
| 1698 | + | government entity to establish how the overlapping parcel shall be managed and how | |
| 1699 | + | 833 | |
| 1700 | + | revenue generated by activity on the parcel shall be distributed. | |
| 1701 | + | 834 | |
| 1702 | + | (6)(a) A significant community impact project plan and the project area associated with | |
| 1703 | + | 835 | |
| 1579 | 1704 | the plan becomes effective on the date designated by the board in the resolution | |
| 1580 | - | ||
| 1705 | + | 836 | |
| 1581 | 1706 | described in this section. | |
| 1582 | - | 775 | |
| 1583 | - | (b) Property tax differential may begin to be generated for an approved project area on | |
| 1584 | - | - 23 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 1585 | - | 776 | |
| 1586 | - | January 1 following the approval of a significant community impact project plan, at | |
| 1587 | - | 777 | |
| 1588 | - | the rate approved by the board in the resolution, not to exceed 75%. | |
| 1589 | - | 778 | |
| 1590 | - | (c) Upon the effective date described in Subsection (5)(a), all affected local taxing | |
| 1591 | - | 779 | |
| 1707 | + | 837 | |
| 1708 | + | (b)(i) Property tax differential may begin to be generated for an approved project area | |
| 1709 | + | 838 | |
| 1710 | + | on January 1 following the approval of a significant community impact project | |
| 1711 | + | 839 | |
| 1712 | + | plan. | |
| 1713 | + | 840 | |
| 1714 | + | (ii) Sales and use tax differential may begin to be generated for an approved project | |
| 1715 | + | 841 | |
| 1716 | + | area from the beginning of the first fiscal quarter following 90 days from the | |
| 1717 | + | 842 | |
| 1718 | + | approval of a significant community impact project plan. | |
| 1719 | + | 843 | |
| 1720 | + | (c) Upon the effective date described in Subsection (6)(a), all affected local taxing | |
| 1721 | + | 844 | |
| 1592 | 1722 | entities are required to participate according to the terms approved by the board and | |
| 1593 | - | ||
| 1723 | + | 845 | |
| 1594 | 1724 | each affected taxing entity is required to participate at the same rate. | |
| 1595 | - | 781 | |
| 1596 | - | (6)(a) The board may contract with a person to execute a significant community impact | |
| 1597 | - | 782 | |
| 1598 | - | project plan, or any portion of a significant community impact project plan, under the | |
| 1599 | - | 783 | |
| 1600 | - | board's authority and supervision. | |
| 1601 | - | 784 | |
| 1602 | - | (b) The board may execute a contract described in Subsection (6)(a) at or after the time | |
| 1603 | - | 785 | |
| 1604 | - | of adoption of the significant [c] community impact project plan. | |
| 1605 | - | 786 | |
| 1725 | + | 846 | |
| 1606 | 1726 | (7) A legal action or other challenge to a significant community impact project plan or a | |
| 1607 | - | 787 | |
| 1727 | + | - 25 - S.B. 337 02-26 10:50 | |
| 1728 | + | 847 | |
| 1608 | 1729 | project area in a significant community impact project plan is barred unless brought | |
| 1609 | - | ||
| 1730 | + | 848 | |
| 1610 | 1731 | within 30 days after the effective date of the significant community impact project plan, | |
| 1611 | - | ||
| 1612 | - | as described in Subsection ( | |
| 1613 | - | ||
| 1732 | + | 849 | |
| 1733 | + | as described in Subsection (6)(a). | |
| 1734 | + | 850 | |
| 1614 | 1735 | Section 17. Section 11-71-404 is enacted to read: | |
| 1615 | - | 791 | |
| 1616 | - | 11-71-404 (Effective 07/01/25). Notice of significant community impact project | |
| 1617 | - | 792 | |
| 1618 | - | plan adoption -- Notice of project area adoptions. | |
| 1619 | - | 793 | |
| 1736 | + | 851 | |
| 1737 | + | 11-71-404 (Effective 05/07/25). Notice of significant community impact project | |
| 1738 | + | 852 | |
| 1739 | + | plan adoption -- Notice of project area adoptions -- Effective date -- Time for challenging | |
| 1740 | + | 853 | |
| 1741 | + | a statewide community impact project plan or project area. | |
| 1742 | + | 854 | |
| 1620 | 1743 | (1) Upon the board's adoption of a significant community impact project plan as described | |
| 1621 | - | ||
| 1744 | + | 855 | |
| 1622 | 1745 | in Section 11-71-403, the board shall provide notice as provided in Subsection (2) by | |
| 1623 | - | ||
| 1746 | + | 856 | |
| 1624 | 1747 | publishing or causing to be published, legal notice for the project area included in the | |
| 1625 | - | ||
| 1748 | + | 857 | |
| 1626 | 1749 | significant community impact project plan, as a class A notice under Section 63G-30-102, | |
| 1627 | - | ||
| 1750 | + | 858 | |
| 1628 | 1751 | for at least 30 days. | |
| 1629 | - | ||
| 1752 | + | 859 | |
| 1630 | 1753 | (2)(a) Each notice under Subsection (1) shall include: | |
| 1631 | - | ||
| 1754 | + | 860 | |
| 1632 | 1755 | (i) the board resolution adopting the significant community impact project plan or a | |
| 1633 | - | ||
| 1756 | + | 861 | |
| 1634 | 1757 | summary of the board resolution; and | |
| 1635 | - | ||
| 1758 | + | 862 | |
| 1636 | 1759 | (ii) a statement that the significant community impact project plan, including a | |
| 1637 | - | ||
| 1760 | + | 863 | |
| 1638 | 1761 | description of all project areas approved in the plan, is available for general public | |
| 1639 | - | ||
| 1762 | + | 864 | |
| 1640 | 1763 | inspection and the hours for inspection. | |
| 1641 | - | ||
| 1764 | + | 865 | |
| 1642 | 1765 | (b) The statement required under Subsection (2)(a)(ii) may be included within the board | |
| 1643 | - | ||
| 1766 | + | 866 | |
| 1644 | 1767 | resolution adopting the significant community impact project plan or within the | |
| 1645 | - | ||
| 1768 | + | 867 | |
| 1646 | 1769 | summary of the resolution. | |
| 1647 | - | ||
| 1770 | + | 868 | |
| 1648 | 1771 | (3) The board shall make the adopted significant community impact project plan and a | |
| 1649 | - | ||
| 1650 | - | description of the project area available to the general public at the | |
| 1651 | - | ||
| 1772 | + | 869 | |
| 1773 | + | description of the project area available to the general public at the authority's offices | |
| 1774 | + | 870 | |
| 1652 | 1775 | during normal business hours. | |
| 1653 | - | - 24 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 1654 | - | 810 | |
| 1776 | + | 871 | |
| 1655 | 1777 | (4) Within 10 days after the day on which a significant community impact project area is | |
| 1656 | - | ||
| 1778 | + | 872 | |
| 1657 | 1779 | established, or after an amendment to a significant community impact project plan is | |
| 1658 | - | ||
| 1780 | + | 873 | |
| 1659 | 1781 | adopted that modifies a boundary of a project area, the board shall send notice of the | |
| 1660 | - | ||
| 1782 | + | 874 | |
| 1661 | 1783 | establishment or modification of the project area and an accurate map or plat of the | |
| 1662 | - | ||
| 1784 | + | 875 | |
| 1663 | 1785 | project area to: | |
| 1664 | - | ||
| 1786 | + | 876 | |
| 1665 | 1787 | (a) the State Tax Commission; | |
| 1666 | - | ||
| 1788 | + | 877 | |
| 1667 | 1789 | (b) the Utah Geospatial Resource Center created in Section 63A-16-505; and | |
| 1668 | - | ||
| 1790 | + | 878 | |
| 1669 | 1791 | (c) the assessor and recorder of each county where the project area is located. | |
| 1670 | - | ||
| 1792 | + | 879 | |
| 1671 | 1793 | Section 18. Section 11-71-405 is enacted to read: | |
| 1672 | - | 819 | |
| 1673 | - | 11-71-405 (Effective 07/01/25). Amendment to a significant community impact | |
| 1674 | - | 820 | |
| 1794 | + | 880 | |
| 1795 | + | 11-71-405 (Effective 05/07/25). Amendment to a significant community impact | |
| 1796 | + | - 26 - 02-26 10:50 S.B. 337 | |
| 1797 | + | 881 | |
| 1675 | 1798 | project plan. | |
| 1676 | - | 821 | |
| 1677 | - | The board may amend an adopted significant community impact project plan by | |
| 1678 | - | 822 | |
| 1679 | - | following the same procedure under this part that applies to the initial adoption of a significant | |
| 1680 | - | 823 | |
| 1681 | - | community impact project plan. | |
| 1682 | - | 824 | |
| 1799 | + | 882 | |
| 1800 | + | (1) The board may amend an adopted significant community impact project plan by | |
| 1801 | + | 883 | |
| 1802 | + | following the same procedure under this part that applies to the initial adoption of a | |
| 1803 | + | 884 | |
| 1804 | + | significant community impact project plan. | |
| 1805 | + | 885 | |
| 1806 | + | (2) If an amendment to a significant community impact project plan results in land being | |
| 1807 | + | 886 | |
| 1808 | + | included in a project area that was not included in the project area before the | |
| 1809 | + | 887 | |
| 1810 | + | amendment, the base taxable value applicable to the project area before the amendment | |
| 1811 | + | 888 | |
| 1812 | + | also applies to the land added to the project area by amendment. | |
| 1813 | + | 889 | |
| 1683 | 1814 | Section 19. Section 11-71-501 is enacted to read: | |
| 1684 | - | ||
| 1815 | + | 890 | |
| 1685 | 1816 | ||
| 1686 | 1817 | Part 5. Project Area Budget | |
| 1687 | - | ||
| 1688 | - | 11-71-501 (Effective 07 | |
| 1689 | - | ||
| 1818 | + | 891 | |
| 1819 | + | 11-71-501 (Effective 05/07/25). Project area budget. | |
| 1820 | + | 892 | |
| 1690 | 1821 | (1) Before the agency may use the property tax differential from a project area, the board | |
| 1691 | - | ||
| 1822 | + | 893 | |
| 1692 | 1823 | shall prepare and adopt a project area budget. | |
| 1693 | - | ||
| 1824 | + | 894 | |
| 1694 | 1825 | (2) A project area budget shall include: | |
| 1695 | - | ||
| 1826 | + | 895 | |
| 1696 | 1827 | (a) the base taxable value of property in the project area; | |
| 1697 | - | ||
| 1828 | + | 896 | |
| 1698 | 1829 | (b) the projected property tax differential expected to be generated within the project | |
| 1699 | - | ||
| 1830 | + | 897 | |
| 1700 | 1831 | area; | |
| 1701 | - | ||
| 1832 | + | 898 | |
| 1702 | 1833 | (c) the amount of the property tax differential expected to be used to implement the | |
| 1703 | - | ||
| 1834 | + | 899 | |
| 1704 | 1835 | project area plan, including the estimated amount of the property tax differential to be | |
| 1705 | - | ||
| 1836 | + | 900 | |
| 1706 | 1837 | used for: | |
| 1707 | - | ||
| 1838 | + | 901 | |
| 1708 | 1839 | (i) land acquisition; | |
| 1709 | - | ||
| 1840 | + | 902 | |
| 1710 | 1841 | (ii) public infrastructure and improvements; | |
| 1711 | - | ||
| 1842 | + | 903 | |
| 1712 | 1843 | (iii) a remediation project, if applicable; and | |
| 1713 | - | ||
| 1844 | + | 904 | |
| 1714 | 1845 | (iv) loans, grants, or other incentives to private and public entities; | |
| 1715 | - | ||
| 1846 | + | 905 | |
| 1716 | 1847 | (d) the property tax differential expected to be used to cover the cost of administering | |
| 1717 | - | ||
| 1848 | + | 906 | |
| 1718 | 1849 | the project area plan; | |
| 1719 | - | ||
| 1850 | + | 907 | |
| 1720 | 1851 | (e) the amount of property tax differential expected to be shared with other taxing | |
| 1721 | - | ||
| 1852 | + | 908 | |
| 1722 | 1853 | entities; and | |
| 1723 | - | - 25 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 1724 | - | 844 | |
| 1725 | - | (f) for property that the agency owns or leases and expects to sell or sublease, the | |
| 1726 | - | 845 | |
| 1727 | - | expected total cost of the property to the agency and the expected selling price or | |
| 1728 | - | 846 | |
| 1854 | + | 909 | |
| 1855 | + | (f) for property that the authority owns or leases and expects to sell or sublease, the | |
| 1856 | + | 910 | |
| 1857 | + | expected total cost of the property to the authority and the expected selling price or | |
| 1858 | + | 911 | |
| 1729 | 1859 | lease payments. | |
| 1730 | - | ||
| 1860 | + | 912 | |
| 1731 | 1861 | (3) The board may amend an adopted project area budget as and when the board considers | |
| 1732 | - | ||
| 1862 | + | 913 | |
| 1733 | 1863 | it appropriate. | |
| 1734 | - | ||
| 1864 | + | 914 | |
| 1735 | 1865 | Section 20. Section 11-71-502 is enacted to read: | |
| 1736 | - | 850 | |
| 1737 | - | 11-71-502 (Effective 07/01/25). Budgets impacting public infrastructure districts | |
| 1738 | - | 851 | |
| 1866 | + | - 27 - S.B. 337 02-26 10:50 | |
| 1867 | + | 915 | |
| 1868 | + | 11-71-502 (Effective 05/07/25). Budgets impacting public infrastructure districts | |
| 1869 | + | 916 | |
| 1739 | 1870 | created by the agency. | |
| 1740 | - | ||
| 1871 | + | 917 | |
| 1741 | 1872 | (1)(a) Before the agency creates a subsidiary public infrastructure district for a | |
| 1742 | - | ||
| 1873 | + | 918 | |
| 1743 | 1874 | significant community impact project area, the board shall prepare and adopt a public | |
| 1744 | - | ||
| 1875 | + | 919 | |
| 1745 | 1876 | infrastructure district budget. | |
| 1746 | - | ||
| 1877 | + | 920 | |
| 1747 | 1878 | (b) The public infrastructure district budget described in Subsection (1)(a) shall include | |
| 1748 | - | ||
| 1879 | + | 921 | |
| 1749 | 1880 | the projected revenue to be generated by the public infrastructure district through: | |
| 1750 | - | ||
| 1881 | + | 922 | |
| 1751 | 1882 | (i) the issuance of bonds; and | |
| 1752 | - | ||
| 1883 | + | 923 | |
| 1753 | 1884 | (ii) the levying of taxes as described in this section. | |
| 1754 | - | ||
| 1885 | + | 924 | |
| 1755 | 1886 | (2)(a)(i) A public infrastructure district created by the agency as a subsidiary of the | |
| 1756 | - | ||
| 1887 | + | 925 | |
| 1757 | 1888 | agency in accordance with Title 17D, Chapter 4, Public Infrastructure District Act, | |
| 1758 | - | ||
| 1889 | + | 926 | |
| 1759 | 1890 | may, subject to limitations of Title 17D, Chapter 4, Public Infrastructure District | |
| 1760 | - | ||
| 1891 | + | 927 | |
| 1761 | 1892 | Act, levy a property tax for the operations and maintenance of the subsidiary | |
| 1762 | - | ||
| 1893 | + | 928 | |
| 1763 | 1894 | public infrastructure district's financed infrastructure and related improvements, | |
| 1764 | - | 864 | |
| 1765 | - | subject to a maximum certified rate for the county in which the public | |
| 1766 | - | 865 | |
| 1767 | - | infrastructure district operates. | |
| 1768 | - | 866 | |
| 1895 | + | 929 | |
| 1896 | + | subject to a maximum rate of .015%. | |
| 1897 | + | 930 | |
| 1769 | 1898 | (ii) A levy under Subsection (2)(a)(i) may be separate from a public infrastructure | |
| 1770 | - | ||
| 1899 | + | 931 | |
| 1771 | 1900 | district property tax levy for a bond. | |
| 1772 | - | ||
| 1901 | + | 932 | |
| 1773 | 1902 | (b) If a subsidiary public infrastructure district issues a bond: | |
| 1774 | - | ||
| 1903 | + | 933 | |
| 1775 | 1904 | (i) the subsidiary public infrastructure district may: | |
| 1776 | - | ||
| 1905 | + | 934 | |
| 1777 | 1906 | (A) delay the effective date of the property tax levy for the bond until after the | |
| 1778 | - | ||
| 1907 | + | 935 | |
| 1779 | 1908 | period of capitalized interest payments; and | |
| 1780 | - | ||
| 1909 | + | 936 | |
| 1781 | 1910 | (B) covenant with bondholders not to reduce or impair the property tax levy; and | |
| 1782 | - | ||
| 1911 | + | 937 | |
| 1783 | 1912 | (ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public | |
| 1784 | - | ||
| 1913 | + | 938 | |
| 1785 | 1914 | Infrastructure District Act, the tax rate for the property tax levy for the bond may | |
| 1786 | - | ||
| 1915 | + | 939 | |
| 1787 | 1916 | not exceed a rate that generates more revenue than required to pay the annual debt | |
| 1788 | - | 876 | |
| 1789 | - | service of the bond plus administrative costs, subject to a maximum certified rate | |
| 1790 | - | 877 | |
| 1791 | - | for the county in which the public infrastructure district operates. | |
| 1792 | - | - 26 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 1793 | - | 878 | |
| 1794 | - | (c) If a subsidiary public infrastructure district issues bonds, the subsidiary public | |
| 1795 | - | 879 | |
| 1917 | + | 940 | |
| 1918 | + | service of the bond plus administrative costs, subject to a maximum rate of .02%. | |
| 1919 | + | 941 | |
| 1920 | + | (c)(i) A subsidiary public infrastructure district may create tax areas, as defined in | |
| 1921 | + | 942 | |
| 1922 | + | Section 59-2-102, within the public infrastructure district and apply a different | |
| 1923 | + | 943 | |
| 1924 | + | property tax rate to each tax area, subject to the maximum levy rate limitations | |
| 1925 | + | 944 | |
| 1926 | + | described in Subsections (2)(a)(i) and (2)(b)(ii). | |
| 1927 | + | 945 | |
| 1928 | + | (ii) If a subsidiary public infrastructure district issues bonds, the subsidiary public | |
| 1929 | + | 946 | |
| 1796 | 1930 | infrastructure district may issue bonds secured by property taxes from: | |
| 1797 | - | 880 | |
| 1798 | - | (i) the entire subsidiary public infrastructure district boundary; or | |
| 1799 | - | 881 | |
| 1800 | - | (ii) one or more tax areas within the subsidiary public infrastructure district boundary. | |
| 1801 | - | 882 | |
| 1931 | + | 947 | |
| 1932 | + | (A) the entire subsidiary public infrastructure district boundary; or | |
| 1933 | + | 948 | |
| 1934 | + | (B) one or more tax areas within the subsidiary public infrastructure district | |
| 1935 | + | - 28 - 02-26 10:50 S.B. 337 | |
| 1936 | + | 949 | |
| 1937 | + | boundary. | |
| 1938 | + | 950 | |
| 1802 | 1939 | (3) The requirements of this section may be in addition to the requirements described in | |
| 1803 | - | ||
| 1940 | + | 951 | |
| 1804 | 1941 | Part 7, Beehive Development Agency Bonds. | |
| 1805 | - | ||
| 1942 | + | 952 | |
| 1806 | 1943 | Section 21. Section 11-71-601 is enacted to read: | |
| 1807 | - | ||
| 1944 | + | 953 | |
| 1808 | 1945 | ||
| 1809 | 1946 | Part 6. Project Area Revenue | |
| 1810 | - | ||
| 1811 | - | 11-71-601 (Effective 07 | |
| 1812 | - | ||
| 1947 | + | 954 | |
| 1948 | + | 11-71-601 (Effective 05/07/25). Project area funds -- Project area agreements. | |
| 1949 | + | 955 | |
| 1813 | 1950 | (1) The following constitute potential project area funds for an approved project area that is | |
| 1814 | - | ||
| 1951 | + | 956 | |
| 1815 | 1952 | part of a significant community impact project plan: | |
| 1816 | - | ||
| 1953 | + | 957 | |
| 1817 | 1954 | (a) a grant, award, loan, or incentive authorized under Title 63N, Economic Opportunity | |
| 1818 | - | ||
| 1955 | + | 958 | |
| 1819 | 1956 | Act, included as a part of the approved significant community impact project plan; | |
| 1820 | - | 891 | |
| 1821 | - | (b) property tax differential from a project area, as described in Section 11-71-605; and | |
| 1822 | - | 892 | |
| 1823 | - | (c) revenue generated by a tax authorized under this part. | |
| 1824 | - | 893 | |
| 1957 | + | 959 | |
| 1958 | + | (b) property tax differential from a project area, as described in Section 11-71-605; | |
| 1959 | + | 960 | |
| 1960 | + | (c) sales and use tax differential from a project area, as described in Section 11-71-606; | |
| 1961 | + | 961 | |
| 1962 | + | and | |
| 1963 | + | 962 | |
| 1964 | + | (d) revenue generated by a tax authorized under this part. | |
| 1965 | + | 963 | |
| 1825 | 1966 | (2) Project area funds may be expended for a purpose described in a significant community | |
| 1826 | - | ||
| 1967 | + | 964 | |
| 1827 | 1968 | impact project plan, including: | |
| 1828 | - | ||
| 1969 | + | 965 | |
| 1829 | 1970 | (a) to pay for, including financing or refinancing, all or part of the development of land | |
| 1830 | - | ||
| 1971 | + | 966 | |
| 1831 | 1972 | within an project area, including assisting the ongoing operation of a development or | |
| 1832 | - | ||
| 1973 | + | 967 | |
| 1833 | 1974 | a facility within the project area; | |
| 1834 | - | ||
| 1975 | + | 968 | |
| 1835 | 1976 | (b) to pay the cost of the installation and construction of public infrastructure and | |
| 1836 | - | ||
| 1977 | + | 969 | |
| 1837 | 1978 | improvements within the project area from which the project area funds were | |
| 1838 | - | ||
| 1979 | + | 970 | |
| 1839 | 1980 | collected; | |
| 1840 | - | ||
| 1981 | + | 971 | |
| 1841 | 1982 | (c) to pay the cost of the installation of public infrastructure and improvements outside a | |
| 1842 | - | ||
| 1983 | + | 972 | |
| 1843 | 1984 | project area if the board determines by resolution that the infrastructure and | |
| 1844 | - | ||
| 1985 | + | 973 | |
| 1845 | 1986 | improvements are of benefit to the project area; | |
| 1846 | - | ||
| 1987 | + | 974 | |
| 1847 | 1988 | (d) to pay the principal and interest on bonds issued by the agency for the benefit of the | |
| 1848 | - | ||
| 1989 | + | 975 | |
| 1849 | 1990 | project area, if the bonds were first approved by the board; | |
| 1850 | - | ||
| 1991 | + | 976 | |
| 1851 | 1992 | (e) to pay the cost of acquiring a conservation easement on land that is part of or | |
| 1852 | - | ||
| 1993 | + | 977 | |
| 1853 | 1994 | adjacent to the project area; and | |
| 1854 | - | ||
| 1995 | + | 978 | |
| 1855 | 1996 | (f) to incentivize development that is contemplated in an approved significant | |
| 1856 | - | ||
| 1997 | + | 979 | |
| 1857 | 1998 | community impact project plan. | |
| 1858 | - | ||
| 1999 | + | 980 | |
| 1859 | 2000 | (3)(a) The agency may use money it receives under Subsections 59-12-103(17) and (19) | |
| 1860 | - | ||
| 2001 | + | 981 | |
| 1861 | 2002 | for the development of the project area that generated the funds, including paying for | |
| 1862 | - | - 27 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 1863 | - | 912 | |
| 2003 | + | 982 | |
| 1864 | 2004 | bonds issued to pay for the development and construction of projects in the project | |
| 1865 | - | 913 | |
| 2005 | + | - 29 - S.B. 337 02-26 10:50 | |
| 2006 | + | 983 | |
| 1866 | 2007 | area. | |
| 1867 | - | ||
| 2008 | + | 984 | |
| 1868 | 2009 | (b) If the amount of money the agency receives under Subsection (3)(a) exceeds the | |
| 1869 | - | ||
| 2010 | + | 985 | |
| 1870 | 2011 | amount required to pay the annual debt service on bonds issued to pay for the | |
| 1871 | - | ||
| 2012 | + | 986 | |
| 1872 | 2013 | development and construction of a project, the agency may use the excess amount | |
| 1873 | - | ||
| 2014 | + | 987 | |
| 1874 | 2015 | received to: | |
| 1875 | - | ||
| 2016 | + | 988 | |
| 1876 | 2017 | (i) pay down the principal on a bond associated with the project area that generated | |
| 1877 | - | ||
| 2018 | + | 989 | |
| 1878 | 2019 | the funds; or | |
| 1879 | - | ||
| 2020 | + | 990 | |
| 1880 | 2021 | (ii) support development outside of the project area that generated the funds. | |
| 1881 | - | ||
| 2022 | + | 991 | |
| 1882 | 2023 | (4) Before project funds may be used outside of the project area, the board shall: | |
| 1883 | - | ||
| 2024 | + | 992 | |
| 1884 | 2025 | (a) make a finding that the use of project area funds outside the project area will directly | |
| 1885 | - | ||
| 2026 | + | 993 | |
| 1886 | 2027 | benefit the project area and the elements of the significant community impact project | |
| 1887 | - | ||
| 2028 | + | 994 | |
| 1888 | 2029 | plan being targeted in the project area; and | |
| 1889 | - | ||
| 2030 | + | 995 | |
| 1890 | 2031 | (b) describe the maximum distance that project area funds may be used outside the | |
| 1891 | - | ||
| 2032 | + | 996 | |
| 1892 | 2033 | project area. | |
| 1893 | - | ||
| 2034 | + | 997 | |
| 1894 | 2035 | Section 22. Section 11-71-602 is enacted to read: | |
| 1895 | - | ||
| 1896 | - | 11-71-602 (Effective 07 | |
| 1897 | - | ||
| 2036 | + | 998 | |
| 2037 | + | 11-71-602 (Effective 05/07/25). Accommodations tax. | |
| 2038 | + | 999 | |
| 1898 | 2039 | (1) As used in this section, "accommodations and services" means an accommodation or | |
| 1899 | - | ||
| 2040 | + | 1000 | |
| 1900 | 2041 | service described in Subsection 59-12-103(1)(i). | |
| 1901 | - | ||
| 2042 | + | 1001 | |
| 1902 | 2043 | (2) The board may impose an accommodations tax on a provider for amounts paid or | |
| 1903 | - | ||
| 2044 | + | 1002 | |
| 1904 | 2045 | charged for accommodations and services, if the place of accommodation is located | |
| 1905 | - | ||
| 2046 | + | 1003 | |
| 1906 | 2047 | within the project area on: | |
| 1907 | - | ||
| 2048 | + | 1004 | |
| 1908 | 2049 | (a) municipality-owned, county-owned, or state-owned property; | |
| 1909 | - | ||
| 2050 | + | 1005 | |
| 1910 | 2051 | (b) privately owned property on which a municipality, county, or the state owns some or | |
| 1911 | - | ||
| 2052 | + | 1006 | |
| 1912 | 2053 | all of the place of accommodation; or | |
| 1913 | - | ||
| 2054 | + | 1007 | |
| 1914 | 2055 | (c) privately owned property on which the board finds that a private owner is receiving | |
| 1915 | - | ||
| 2056 | + | 1008 | |
| 1916 | 2057 | significant benefit due to the proximity of the project area to the privately owned | |
| 1917 | - | ||
| 2058 | + | 1009 | |
| 1918 | 2059 | property. | |
| 1919 | - | ||
| 2060 | + | 1010 | |
| 1920 | 2061 | (3) The maximum rate of the accommodations tax authorized by this section is 15% of the | |
| 1921 | - | ||
| 2062 | + | 1011 | |
| 1922 | 2063 | amounts paid to or charged by the provider for accommodations and services. | |
| 1923 | - | ||
| 2064 | + | 1012 | |
| 1924 | 2065 | (4) A provider may recover an amount equal to the accommodations tax authorized in this | |
| 1925 | - | ||
| 2066 | + | 1013 | |
| 1926 | 2067 | section from customers, if the provider includes the amount as a separate billing line | |
| 1927 | - | ||
| 2068 | + | 1014 | |
| 1928 | 2069 | item. | |
| 1929 | - | ||
| 2070 | + | 1015 | |
| 1930 | 2071 | (5) If the board imposes the tax described in this section for an area, the board may not also | |
| 1931 | - | - 28 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 1932 | - | 946 | |
| 2072 | + | 1016 | |
| 1933 | 2073 | impose on the amounts paid or charged for accommodations and services in the same | |
| 1934 | - | 947 | |
| 2074 | + | - 30 - 02-26 10:50 S.B. 337 | |
| 2075 | + | 1017 | |
| 1935 | 2076 | area any other tax described in: | |
| 1936 | - | ||
| 2077 | + | 1018 | |
| 1937 | 2078 | (a) Title 59, Chapter 12, Sales and Use Tax Act; or | |
| 1938 | - | ||
| 2079 | + | 1019 | |
| 1939 | 2080 | (b) Title 59, Chapter 28, State Transient Room Tax Act. | |
| 1940 | - | ||
| 2081 | + | 1020 | |
| 1941 | 2082 | (6) Except as provided in Subsection (7) or (8), the tax imposed under this section shall be | |
| 1942 | - | ||
| 2083 | + | 1021 | |
| 1943 | 2084 | administered, collected, and enforced in accordance with: | |
| 1944 | - | ||
| 2085 | + | 1022 | |
| 1945 | 2086 | (a) the same procedures used to administer, collect, and enforce the tax under: | |
| 1946 | - | ||
| 2087 | + | 1023 | |
| 1947 | 2088 | (i) Title 59, Chapter 12, Part 1, Tax Collection; or | |
| 1948 | - | ||
| 2089 | + | 1024 | |
| 1949 | 2090 | (ii) Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and | |
| 1950 | - | ||
| 2091 | + | 1025 | |
| 1951 | 2092 | (b) Title 59, Chapter 1, General Taxation Policies. | |
| 1952 | - | ||
| 2093 | + | 1026 | |
| 1953 | 2094 | (7) The location of a transaction shall be determined in accordance with Sections 59-12-211 | |
| 1954 | - | ||
| 2095 | + | 1027 | |
| 1955 | 2096 | through 59-12-215. | |
| 1956 | - | ||
| 2097 | + | 1028 | |
| 1957 | 2098 | (8)(a) A tax under this section is not subject to Section 59-12-107.1 or 59-12-123 or | |
| 1958 | - | ||
| 2099 | + | 1029 | |
| 1959 | 2100 | Subsections 59-12-205(2) through (5). | |
| 1960 | - | ||
| 2101 | + | 1030 | |
| 1961 | 2102 | (b) The exemptions described in Sections 59-12-104, 59-12-104.1, and 59-12-104.6 do | |
| 1962 | - | ||
| 2103 | + | 1031 | |
| 1963 | 2104 | not apply to a tax imposed under this section. | |
| 1964 | - | ||
| 2105 | + | 1032 | |
| 1965 | 2106 | (9) The State Tax Commission shall: | |
| 1966 | - | ||
| 2107 | + | 1033 | |
| 1967 | 2108 | (a) except as provided in Subsection (9)(b), distribute the revenue collected from the tax | |
| 1968 | - | ||
| 2109 | + | 1034 | |
| 1969 | 2110 | to the board; and | |
| 1970 | - | ||
| 2111 | + | 1035 | |
| 1971 | 2112 | (b) retain and deposit an administrative charge in accordance with Section 59-1-306 | |
| 1972 | - | ||
| 2113 | + | 1036 | |
| 1973 | 2114 | from revenue the State Tax Commission collects from a tax under this section. | |
| 1974 | - | ||
| 2115 | + | 1037 | |
| 1975 | 2116 | (10)(a) If the board imposes, repeals, or changes the rate of tax under this section, the | |
| 1976 | - | ||
| 2117 | + | 1038 | |
| 1977 | 2118 | implementation, repeal, or change shall take effect: | |
| 1978 | - | ||
| 2119 | + | 1039 | |
| 1979 | 2120 | (i) on the first day of a calendar quarter; and | |
| 1980 | - | ||
| 2121 | + | 1040 | |
| 1981 | 2122 | (ii) after a 90-day period beginning on the date the State Tax Commission receives | |
| 1982 | - | ||
| 2123 | + | 1041 | |
| 1983 | 2124 | the notice described in Subsection (10)(b) from the legislative body of the county | |
| 1984 | - | ||
| 2125 | + | 1042 | |
| 1985 | 2126 | or municipality. | |
| 1986 | - | ||
| 2127 | + | 1043 | |
| 1987 | 2128 | (b) The notice required in Subsection (10)(a)(ii) shall state: | |
| 1988 | - | ||
| 2129 | + | 1044 | |
| 1989 | 2130 | (i) that the county or municipality will impose, repeal, or change the rate of a tax | |
| 1990 | - | ||
| 2131 | + | 1045 | |
| 1991 | 2132 | under this section; | |
| 1992 | - | ||
| 2133 | + | 1046 | |
| 1993 | 2134 | (ii) the effective date of the implementation, repeal, or change of the tax; and | |
| 1994 | - | ||
| 2135 | + | 1047 | |
| 1995 | 2136 | (iii) the rate of the tax. | |
| 1996 | - | ||
| 2137 | + | 1048 | |
| 1997 | 2138 | Section 23. Section 11-71-603 is enacted to read: | |
| 1998 | - | 979 | |
| 1999 | - | 11-71-603 (Effective 07/01/25). Energy sales and use tax. | |
| 2000 | - | - 29 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2001 | - | 980 | |
| 2139 | + | 1049 | |
| 2140 | + | 11-71-603 (Effective 05/07/25). Energy sales and use tax. | |
| 2141 | + | 1050 | |
| 2002 | 2142 | (1) The board may levy an energy tax within a project area on an energy supplier as defined | |
| 2003 | - | 981 | |
| 2143 | + | - 31 - S.B. 337 02-26 10:50 | |
| 2144 | + | 1051 | |
| 2004 | 2145 | in Section 10-1-303. | |
| 2005 | - | ||
| 2146 | + | 1052 | |
| 2006 | 2147 | (2) The maximum rate of the energy tax under this section is 6% of the delivered value as | |
| 2007 | - | ||
| 2148 | + | 1053 | |
| 2008 | 2149 | defined in Section 10-1-303, except that delivered value does not include the amount of | |
| 2009 | - | ||
| 2150 | + | 1054 | |
| 2010 | 2151 | a tax paid under this section. | |
| 2011 | - | ||
| 2152 | + | 1055 | |
| 2012 | 2153 | (3)(a) An energy supplier may recover an amount equal to the energy tax from the | |
| 2013 | - | ||
| 2154 | + | 1056 | |
| 2014 | 2155 | energy suppplier's customers, if the energy supplier includes the amount as a separate | |
| 2015 | - | ||
| 2156 | + | 1057 | |
| 2016 | 2157 | billing line item. | |
| 2017 | - | ||
| 2158 | + | 1058 | |
| 2018 | 2159 | (b) The energy tax levied under this section is in addition to the rate approved by the | |
| 2019 | - | ||
| 2160 | + | 1059 | |
| 2020 | 2161 | Public Service Commission and charged to the customer. | |
| 2021 | - | ||
| 2162 | + | 1060 | |
| 2022 | 2163 | (4) If the agency has levied a municipal energy tax in the project area, the energy tax paid | |
| 2023 | - | ||
| 2164 | + | 1061 | |
| 2024 | 2165 | by a customer is reduced by any municipal energy tax paid by that customer on the same | |
| 2025 | - | ||
| 2166 | + | 1062 | |
| 2026 | 2167 | delivered value. | |
| 2027 | - | ||
| 2168 | + | 1063 | |
| 2028 | 2169 | (5)(a) The energy tax is payable by the energy supplier to the agency on a monthly basis | |
| 2029 | - | ||
| 2170 | + | 1064 | |
| 2030 | 2171 | as described by the resolution levying the tax. | |
| 2031 | - | ||
| 2172 | + | 1065 | |
| 2032 | 2173 | (b) The resolution shall allow the energy supplier to retain 1% of the tax remittance each | |
| 2033 | - | ||
| 2174 | + | 1066 | |
| 2034 | 2175 | month to offset the energy supplier's costs of collecting and remitting the tax. | |
| 2035 | - | ||
| 2176 | + | 1067 | |
| 2036 | 2177 | Section 24. Section 11-71-604 is enacted to read: | |
| 2037 | - | ||
| 2038 | - | 11-71-604 (Effective 07 | |
| 2039 | - | ||
| 2178 | + | 1068 | |
| 2179 | + | 11-71-604 (Effective 05/07/25). Other taxes levied for a project area. | |
| 2180 | + | 1069 | |
| 2040 | 2181 | (1) If the board does not levy the tax described in Section 11-71-602 for an area, the board | |
| 2041 | - | ||
| 2182 | + | 1070 | |
| 2042 | 2183 | may levy the following taxes: | |
| 2043 | - | ||
| 2184 | + | 1071 | |
| 2044 | 2185 | (a) a transient room tax described in Subsection 59-12-352(7); | |
| 2045 | - | ||
| 2186 | + | 1072 | |
| 2046 | 2187 | (b) resort community tax described in Section 59-12-401; and | |
| 2047 | - | ||
| 2188 | + | 1073 | |
| 2048 | 2189 | (c) additional resort community sales and use tax described in Section 59-12-402. | |
| 2049 | - | ||
| 2190 | + | 1074 | |
| 2050 | 2191 | (2) Revenue generated by a tax described in this section from a project area constitutes | |
| 2051 | - | ||
| 2192 | + | 1075 | |
| 2052 | 2193 | project area funds for that project area. | |
| 2053 | - | ||
| 2194 | + | 1076 | |
| 2054 | 2195 | Section 25. Section 11-71-605 is enacted to read: | |
| 2055 | - | ||
| 2056 | - | 11-71-605 (Effective 07 | |
| 2057 | - | ||
| 2196 | + | 1077 | |
| 2197 | + | 11-71-605 (Effective 05/07/25). Property tax differential. | |
| 2198 | + | 1078 | |
| 2058 | 2199 | (1) A county that collects property tax located within a project area shall, in accordance | |
| 2059 | - | ||
| 2200 | + | 1079 | |
| 2060 | 2201 | with Section 59-2-1365, distribute to the agency: | |
| 2061 | - | ||
| 2202 | + | 1080 | |
| 2062 | 2203 | (a) beginning the year after a statewide community impact project plan is approved by | |
| 2063 | - | ||
| 2204 | + | 1081 | |
| 2064 | 2205 | resolution and for up to 25 years, up to 75% of property tax differential generated in | |
| 2065 | - | ||
| 2206 | + | 1082 | |
| 2066 | 2207 | the project area; and | |
| 2067 | - | ||
| 2068 | - | (b) beginning | |
| 2069 | - | ||
| 2070 | - | ||
| 2071 | - | ||
| 2072 | - | ||
| 2073 | - | board, | |
| 2074 | - | ||
| 2208 | + | 1083 | |
| 2209 | + | (b) beginning the twenty-sixth year after a statewide community impact project plan is | |
| 2210 | + | 1084 | |
| 2211 | + | approved by resolution and for 15 years thereafter, unless earlier terminated by | |
| 2212 | + | - 32 - 02-26 10:50 S.B. 337 | |
| 2213 | + | 1085 | |
| 2214 | + | resolution of the board, 50% of property tax differential generated in the project area. | |
| 2215 | + | 1086 | |
| 2075 | 2216 | (2) The agency may utilize property tax differential as described in this section and subject | |
| 2076 | - | ||
| 2217 | + | 1087 | |
| 2077 | 2218 | to the requirements of Section 11-71-501. | |
| 2078 | - | ||
| 2219 | + | 1088 | |
| 2079 | 2220 | (3) Improvements on a parcel within a project area become subject to property tax on | |
| 2080 | - | ||
| 2081 | - | January 1 immediately following the day on which the | |
| 2082 | - | ||
| 2083 | - | by the | |
| 2084 | - | ||
| 2221 | + | 1089 | |
| 2222 | + | January 1 immediately following the day on which the authority, or an entity designated | |
| 2223 | + | 1090 | |
| 2224 | + | by the authority, issues a certificate of occupancy or other final approval with respect to | |
| 2225 | + | 1091 | |
| 2085 | 2226 | those improvements. | |
| 2086 | - | ||
| 2227 | + | 1092 | |
| 2087 | 2228 | (4) If an approved significant community impact project plan includes the creation of one | |
| 2088 | - | ||
| 2229 | + | 1093 | |
| 2089 | 2230 | or more authority-run project areas: | |
| 2090 | - | 1024 | |
| 2091 | - | (a) the authority shall manage the authority-run project area and any authority-run | |
| 2092 | - | 1025 | |
| 2093 | - | project area funds: | |
| 2094 | - | 1026 | |
| 2231 | + | 1094 | |
| 2232 | + | (a) the authority shall manage the authority-run project area: | |
| 2233 | + | 1095 | |
| 2095 | 2234 | (i) pursuant to the authority's statutory provisions; and | |
| 2096 | - | ||
| 2235 | + | 1096 | |
| 2097 | 2236 | (ii) in accordance with any agreement between the board and the authority governing | |
| 2098 | - | ||
| 2237 | + | 1097 | |
| 2099 | 2238 | the significant community impact project plan; and | |
| 2100 | - | ||
| 2239 | + | 1098 | |
| 2101 | 2240 | (b) the provisions of this section do not apply to the authority-run project area. | |
| 2102 | - | 1030 | |
| 2103 | - | Section 26. Section 11-71-701 is enacted to read: | |
| 2104 | - | 1031 | |
| 2241 | + | 1099 | |
| 2242 | + | Section 26. Section 11-71-606 is enacted to read: | |
| 2243 | + | 1100 | |
| 2244 | + | 11-71-606 (Effective 05/07/25). Sales and use tax differential. | |
| 2245 | + | 1101 | |
| 2246 | + | (1)(a) The State Tax Commission shall, in accordance with Sections 59-12-103 and | |
| 2247 | + | 1102 | |
| 2248 | + | 59-12-205, distribute to the fiscal agent designated by the board in an approved | |
| 2249 | + | 1103 | |
| 2250 | + | statewide community impact project plan: | |
| 2251 | + | 1104 | |
| 2252 | + | (i) beginning the year after a statewide community impact project plan is approved by | |
| 2253 | + | 1105 | |
| 2254 | + | resolution and for up to 25 years, 75% of property tax differential generated in the | |
| 2255 | + | 1106 | |
| 2256 | + | sales and use tax boundary for the project area; and | |
| 2257 | + | 1107 | |
| 2258 | + | (ii) beginning the twenty-sixth year after a statewide community impact project plan | |
| 2259 | + | 1108 | |
| 2260 | + | is approved by resolution and for up to 15 years thereafter, unless earlier | |
| 2261 | + | 1109 | |
| 2262 | + | terminated by resolution of the board, 50% of sales and use tax differential | |
| 2263 | + | 1110 | |
| 2264 | + | generated in the sales and use tax boundary for the project area. | |
| 2265 | + | 1111 | |
| 2266 | + | (b) The State Tax Commission shall determine the sales and use tax boundary, in | |
| 2267 | + | 1112 | |
| 2268 | + | consultation with the board, as close to the boundary of the established project area as | |
| 2269 | + | 1113 | |
| 2270 | + | practical. | |
| 2271 | + | 1114 | |
| 2272 | + | (2) If an approved significant community impact project plan includes the creation of one | |
| 2273 | + | 1115 | |
| 2274 | + | or more authority-run project areas: | |
| 2275 | + | 1116 | |
| 2276 | + | (a) the authority shall manage the authority-run project area: | |
| 2277 | + | 1117 | |
| 2278 | + | (i) pursuant to the authority's statutory provisions; and | |
| 2279 | + | 1118 | |
| 2280 | + | (ii) in accordance with any agreement between the board and the authority governing | |
| 2281 | + | - 33 - S.B. 337 02-26 10:50 | |
| 2282 | + | 1119 | |
| 2283 | + | the significant community impact project plan; and | |
| 2284 | + | 1120 | |
| 2285 | + | (b) the provisions of this section do not apply to the authority-run project area. | |
| 2286 | + | 1121 | |
| 2287 | + | Section 27. Section 11-71-701 is enacted to read: | |
| 2288 | + | 1122 | |
| 2105 | 2289 | ||
| 2106 | 2290 | Part 7. Beehive Development Agency Bonds | |
| 2107 | - | ||
| 2108 | - | 11-71-701 (Effective 07 | |
| 2109 | - | ||
| 2291 | + | 1123 | |
| 2292 | + | 11-71-701 (Effective 05/07/25). Resolution authorizing issuance of bonds -- | |
| 2293 | + | 1124 | |
| 2110 | 2294 | Characteristics of bonds -- Notice. | |
| 2111 | - | ||
| 2295 | + | 1125 | |
| 2112 | 2296 | (1) The agency may not issue bonds under this part unless the board first: | |
| 2113 | - | ||
| 2297 | + | 1126 | |
| 2114 | 2298 | (a) adopts a parameters resolution for the bonds that sets forth: | |
| 2115 | - | ||
| 2299 | + | 1127 | |
| 2116 | 2300 | (i) the maximum: | |
| 2117 | - | ||
| 2301 | + | 1128 | |
| 2118 | 2302 | (A) amount of bonds; | |
| 2119 | - | ||
| 2303 | + | 1129 | |
| 2120 | 2304 | (B) term; and | |
| 2121 | - | ||
| 2305 | + | 1130 | |
| 2122 | 2306 | (C) interest rate; and | |
| 2123 | - | ||
| 2307 | + | 1131 | |
| 2124 | 2308 | (ii) the expected security for the bonds; and | |
| 2125 | - | ||
| 2309 | + | 1132 | |
| 2126 | 2310 | (b) submits the parameters resolution for review and recommendation to the State | |
| 2127 | - | ||
| 2311 | + | 1133 | |
| 2128 | 2312 | Finance Review Commission created in Section 63C-25-201. | |
| 2129 | - | ||
| 2313 | + | 1134 | |
| 2130 | 2314 | (2)(a) As provided in the agency resolution authorizing the issuance of bonds under this | |
| 2131 | - | ||
| 2315 | + | 1135 | |
| 2132 | 2316 | part or the trust indenture under which the bonds are issued, bonds issued under this | |
| 2133 | - | ||
| 2317 | + | 1136 | |
| 2134 | 2318 | part may be issued in one or more series and may be sold at public or private sale and | |
| 2135 | - | ||
| 2319 | + | 1137 | |
| 2136 | 2320 | in the manner provided in the resolution or indenture. | |
| 2137 | - | ||
| 2321 | + | 1138 | |
| 2138 | 2322 | (b) Bonds issued under this part shall bear the date, be payable at the time, bear interest | |
| 2139 | - | - 31 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2140 | - | 1048 | |
| 2323 | + | 1139 | |
| 2141 | 2324 | at the rate, be in the denomination and in the form, carry the conversion or | |
| 2142 | - | ||
| 2325 | + | 1140 | |
| 2143 | 2326 | registration privileges, have the rank or priority, be executed in the manner, be | |
| 2144 | - | ||
| 2327 | + | 1141 | |
| 2145 | 2328 | subject to the terms of redemption or tender, with or without premium, be payable in | |
| 2146 | - | ||
| 2329 | + | 1142 | |
| 2147 | 2330 | the medium of payment and at the place, and have other characteristics as provided in | |
| 2148 | - | ||
| 2331 | + | 1143 | |
| 2149 | 2332 | the agency resolution authorizing the bond's issuance or the trust indenture under | |
| 2150 | - | ||
| 2333 | + | 1144 | |
| 2151 | 2334 | which the bonds are issued. | |
| 2152 | - | ||
| 2335 | + | 1145 | |
| 2153 | 2336 | (3) Upon the board's adoption of a resolution providing for the issuance of bonds, the board | |
| 2154 | - | ||
| 2337 | + | 1146 | |
| 2155 | 2338 | may provide for the publication of the resolution: | |
| 2156 | - | ||
| 2339 | + | 1147 | |
| 2157 | 2340 | (a) for the area within the agency's boundaries, as a class A notice under Section | |
| 2158 | - | ||
| 2341 | + | 1148 | |
| 2159 | 2342 | 63G-30-102, for at least 30 days; and | |
| 2160 | - | ||
| 2343 | + | 1149 | |
| 2161 | 2344 | (b) as required in Section 45-1-101. | |
| 2162 | - | ||
| 2345 | + | 1150 | |
| 2163 | 2346 | (4) In lieu of publishing the entire resolution, the board may publish notice of bonds that | |
| 2164 | - | ||
| 2347 | + | 1151 | |
| 2165 | 2348 | contains the information described in Subsection 11-14-316(2). | |
| 2166 | - | ||
| 2349 | + | 1152 | |
| 2167 | 2350 | (5) For a period of 30 days after the publication, any person in interest may contest: | |
| 2168 | - | 1062 | |
| 2351 | + | - 34 - 02-26 10:50 S.B. 337 | |
| 2352 | + | 1153 | |
| 2169 | 2353 | (a) the legality of the resolution or proceeding; | |
| 2170 | - | ||
| 2354 | + | 1154 | |
| 2171 | 2355 | (b) any bonds that may be authorized by the resolution or proceeding; or | |
| 2172 | - | ||
| 2356 | + | 1155 | |
| 2173 | 2357 | (c) any provisions made for the security and payment of the bonds. | |
| 2174 | - | ||
| 2358 | + | 1156 | |
| 2175 | 2359 | (6)(a) A person may contest the matters set forth in Subsection (5) by filing a verified | |
| 2176 | - | ||
| 2360 | + | 1157 | |
| 2177 | 2361 | written complaint, within 30 days of the publication under Subsection (5), in the | |
| 2178 | - | ||
| 2362 | + | 1158 | |
| 2179 | 2363 | court with jurisdiction in the county in which the person resides. | |
| 2180 | - | ||
| 2364 | + | 1159 | |
| 2181 | 2365 | (b) A person may not contest the matters set forth in Subsection (5), or the regularity, | |
| 2182 | - | ||
| 2366 | + | 1160 | |
| 2183 | 2367 | formality, or legality of the resolution or proceeding, for any reason, after the 30-day | |
| 2184 | - | ||
| 2368 | + | 1161 | |
| 2185 | 2369 | period for contesting provided in Subsection (6)(a). | |
| 2186 | - | ||
| 2370 | + | 1162 | |
| 2187 | 2371 | (7) No later than 60 days after the closing day of any bonds, the agency shall report the | |
| 2188 | - | ||
| 2372 | + | 1163 | |
| 2189 | 2373 | bonds issuance, including the amount of the bonds, terms, interest rate, and security, to: | |
| 2190 | - | ||
| 2374 | + | 1164 | |
| 2191 | 2375 | (a) the Executive Appropriations Committee; and | |
| 2192 | - | ||
| 2376 | + | 1165 | |
| 2193 | 2377 | (b) the State Finance Review Commission created in Section 63C-25-201. | |
| 2194 | - | ||
| 2195 | - | Section | |
| 2196 | - | ||
| 2197 | - | 11-71-702 (Effective 07 | |
| 2198 | - | ||
| 2378 | + | 1166 | |
| 2379 | + | Section 28. Section 11-71-702 is enacted to read: | |
| 2380 | + | 1167 | |
| 2381 | + | 11-71-702 (Effective 05/07/25). Sources from which bonds may be made payable | |
| 2382 | + | 1168 | |
| 2199 | 2383 | -- Agency powers regarding bonds. | |
| 2200 | - | ||
| 2384 | + | 1169 | |
| 2201 | 2385 | (1) The principal and interest on bonds issued by the agency may be made payable from: | |
| 2202 | - | ||
| 2386 | + | 1170 | |
| 2203 | 2387 | (a) the income and revenues of the projects financed with the proceeds of the bonds; | |
| 2204 | - | ||
| 2388 | + | 1171 | |
| 2205 | 2389 | (b) the income and revenues of certain designated projects that were financed in whole | |
| 2206 | - | ||
| 2390 | + | 1172 | |
| 2207 | 2391 | or in part with the proceeds of the bonds; | |
| 2208 | - | - 32 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 2209 | - | 1082 | |
| 2392 | + | 1173 | |
| 2210 | 2393 | (c) the income, proceeds, revenues, property, and funds the agency derives from or holds | |
| 2211 | - | ||
| 2394 | + | 1174 | |
| 2212 | 2395 | in connection with the agency's undertaking and carrying out development of a | |
| 2213 | - | ||
| 2396 | + | 1175 | |
| 2214 | 2397 | significant community impact project plan or an associated project area; | |
| 2215 | - | ||
| 2398 | + | 1176 | |
| 2216 | 2399 | (d) property tax differential funds; | |
| 2217 | - | 1086 | |
| 2218 | - | (e) agency revenues generally; | |
| 2219 | - | 1087 | |
| 2220 | - | (f) a contribution, loan, grant, or other financial assistance from the federal government | |
| 2221 | - | 1088 | |
| 2400 | + | 1177 | |
| 2401 | + | (e) sales and use differential funds; | |
| 2402 | + | 1178 | |
| 2403 | + | (f) agency revenues generally; | |
| 2404 | + | 1179 | |
| 2405 | + | (g) a contribution, loan, grant, or other financial assistance from the federal government | |
| 2406 | + | 1180 | |
| 2222 | 2407 | or a public entity in aid of the agency; or | |
| 2223 | - | ||
| 2224 | - | ( | |
| 2225 | - | ||
| 2408 | + | 1181 | |
| 2409 | + | (h) funds derived from any combination of the methods listed in Subsections (1)(a) | |
| 2410 | + | 1182 | |
| 2226 | 2411 | through (g). | |
| 2227 | - | ||
| 2412 | + | 1183 | |
| 2228 | 2413 | (2) In connection with the issuance of agency bonds, the agency may: | |
| 2229 | - | ||
| 2414 | + | 1184 | |
| 2230 | 2415 | (a) pledge all or any part of the agency's gross or net rents, fees, or revenues that exist or | |
| 2231 | - | ||
| 2416 | + | 1185 | |
| 2232 | 2417 | may come into existence; | |
| 2233 | - | ||
| 2418 | + | 1186 | |
| 2234 | 2419 | (b) encumber by mortgage, deed of trust, or otherwise all or any part of the agency's real | |
| 2235 | - | 1095 | |
| 2420 | + | - 35 - S.B. 337 02-26 10:50 | |
| 2421 | + | 1187 | |
| 2236 | 2422 | or personal property, then owned or thereafter acquired; and | |
| 2237 | - | ||
| 2423 | + | 1188 | |
| 2238 | 2424 | (c) make the covenants and take the action that may be necessary, convenient, or | |
| 2239 | - | ||
| 2425 | + | 1189 | |
| 2240 | 2426 | desirable to secure the agency's bonds, or, except as otherwise provided in this | |
| 2241 | - | ||
| 2427 | + | 1190 | |
| 2242 | 2428 | chapter, that will tend to make the bonds more marketable, even though such | |
| 2243 | - | ||
| 2429 | + | 1191 | |
| 2244 | 2430 | covenants or actions are not specifically enumerated in this chapter. | |
| 2245 | - | ||
| 2246 | - | Section | |
| 2247 | - | ||
| 2248 | - | 11-71-703 (Effective 07 | |
| 2249 | - | ||
| 2431 | + | 1192 | |
| 2432 | + | Section 29. Section 11-71-703 is enacted to read: | |
| 2433 | + | 1193 | |
| 2434 | + | 11-71-703 (Effective 05/07/25). Purchase of bonds. | |
| 2435 | + | 1194 | |
| 2250 | 2436 | (1) Any person, firm, corporation, association, political subdivision of the state, or other | |
| 2251 | - | ||
| 2437 | + | 1195 | |
| 2252 | 2438 | entity or public or private officer may purchase bonds issued by an agency under this | |
| 2253 | - | ||
| 2439 | + | 1196 | |
| 2254 | 2440 | part with funds owned or controlled by the purchaser. | |
| 2255 | - | ||
| 2441 | + | 1197 | |
| 2256 | 2442 | (2) Nothing in this section may be construed to relieve a purchaser of agency bonds of any | |
| 2257 | - | ||
| 2443 | + | 1198 | |
| 2258 | 2444 | duty to exercise reasonable care in selecting securities. | |
| 2259 | - | ||
| 2260 | - | Section | |
| 2261 | - | ||
| 2262 | - | 11-71-704 (Effective 07 | |
| 2263 | - | ||
| 2445 | + | 1199 | |
| 2446 | + | Section 30. Section 11-71-704 is enacted to read: | |
| 2447 | + | 1200 | |
| 2448 | + | 11-71-704 (Effective 05/07/25). Those executing bonds not personally liable -- | |
| 2449 | + | 1201 | |
| 2264 | 2450 | Limitation of obligations under bonds -- Negotiability. | |
| 2265 | - | ||
| 2451 | + | 1202 | |
| 2266 | 2452 | ||
| 2267 | - | ||
| 2453 | + | 1203 | |
| 2268 | 2454 | (1) A member of the board or other person executing an agency bond is not liable | |
| 2269 | - | ||
| 2455 | + | 1204 | |
| 2270 | 2456 | personally on the bond. | |
| 2271 | - | ||
| 2457 | + | 1205 | |
| 2272 | 2458 | (2)(a) A bond issued by the agency is not a general obligation or liability of the state or | |
| 2273 | - | ||
| 2459 | + | 1206 | |
| 2274 | 2460 | any of the state's political subdivisions and does not constitute a charge against the | |
| 2275 | - | ||
| 2461 | + | 1207 | |
| 2276 | 2462 | state's general credit or taxing powers. | |
| 2277 | - | - 33 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2278 | - | 1116 | |
| 2463 | + | 1208 | |
| 2279 | 2464 | (b) A bond issued by the agency is not payable out of any funds or properties other than | |
| 2280 | - | ||
| 2465 | + | 1209 | |
| 2281 | 2466 | those of the agency. | |
| 2282 | - | ||
| 2467 | + | 1210 | |
| 2283 | 2468 | (c) The state and its political subdivisions are not and may not be held liable on a bond | |
| 2284 | - | ||
| 2469 | + | 1211 | |
| 2285 | 2470 | issued by the agency. | |
| 2286 | - | ||
| 2471 | + | 1212 | |
| 2287 | 2472 | (d) A bond issued by the agency does not constitute indebtedness within the meaning of | |
| 2288 | - | ||
| 2473 | + | 1213 | |
| 2289 | 2474 | any constitutional or statutory debt limitation. | |
| 2290 | - | ||
| 2475 | + | 1214 | |
| 2291 | 2476 | (3) A bond issued by the agency under this part is fully negotiable. | |
| 2292 | - | ||
| 2293 | - | Section | |
| 2294 | - | ||
| 2295 | - | 11-71-705 (Effective 07 | |
| 2296 | - | ||
| 2477 | + | 1215 | |
| 2478 | + | Section 31. Section 11-71-705 is enacted to read: | |
| 2479 | + | 1216 | |
| 2480 | + | 11-71-705 (Effective 05/07/25). Obligee rights -- Board may confer other rights. | |
| 2481 | + | 1217 | |
| 2297 | 2482 | (1) In addition to all other rights that are conferred on an obligee of a bond issued by the | |
| 2298 | - | ||
| 2483 | + | 1218 | |
| 2299 | 2484 | agency under this part and subject to contractual restrictions binding on the obligee, an | |
| 2300 | - | ||
| 2485 | + | 1219 | |
| 2301 | 2486 | obligee may: | |
| 2302 | - | 1128 | |
| 2303 | - | (a) by mandamus, suit, action, or other proceeding, compel the agency and its board, | |
| 2304 | - | 1129 | |
| 2487 | + | 1220 | |
| 2488 | + | (a) by mandamus, suit, action, or other proceeding, compel an agency and its board, | |
| 2489 | + | - 36 - 02-26 10:50 S.B. 337 | |
| 2490 | + | 1221 | |
| 2305 | 2491 | officers, agents, or employees to perform every term, provision, and covenant | |
| 2306 | - | ||
| 2492 | + | 1222 | |
| 2307 | 2493 | contained in any contract of the agency with or for the benefit of the obligee, and | |
| 2308 | - | ||
| 2494 | + | 1223 | |
| 2309 | 2495 | require the agency to carry out the covenants and agreements of the agency and to | |
| 2310 | - | ||
| 2496 | + | 1224 | |
| 2311 | 2497 | fulfill all duties imposed on the agency by this part; and | |
| 2312 | - | ||
| 2498 | + | 1225 | |
| 2313 | 2499 | (b) by suit, action, or proceeding in equity, enjoin any acts or things that may be | |
| 2314 | - | ||
| 2500 | + | 1226 | |
| 2315 | 2501 | unlawful or violate the rights of the obligee. | |
| 2316 | - | ||
| 2502 | + | 1227 | |
| 2317 | 2503 | (2)(a) In a board resolution authorizing the issuance of bonds or in a trust indenture, | |
| 2318 | - | ||
| 2504 | + | 1228 | |
| 2319 | 2505 | mortgage, lease, or other contract, the board may confer upon an obligee holding or | |
| 2320 | - | ||
| 2506 | + | 1229 | |
| 2321 | 2507 | representing a specified amount in bonds, the rights described in Subsection (2)(b), to | |
| 2322 | - | ||
| 2508 | + | 1230 | |
| 2323 | 2509 | accrue upon the happening of an event or default prescribed in the resolution, | |
| 2324 | - | ||
| 2510 | + | 1231 | |
| 2325 | 2511 | indenture, mortgage, lease, or other contract, and to be exercised by suit, action, or | |
| 2326 | - | ||
| 2512 | + | 1232 | |
| 2327 | 2513 | proceeding in any court of competent jurisdiction. | |
| 2328 | - | ||
| 2514 | + | 1233 | |
| 2329 | 2515 | (b)(i) The rights that the board may confer under Subsection (2)(a) are the rights to: | |
| 2330 | - | ||
| 2516 | + | 1234 | |
| 2331 | 2517 | (A) cause possession of all or part of a development project to be surrendered to | |
| 2332 | - | ||
| 2518 | + | 1235 | |
| 2333 | 2519 | an obligee; | |
| 2334 | - | ||
| 2520 | + | 1236 | |
| 2335 | 2521 | (B) obtain the appointment of a receiver of all or part of an agency's development | |
| 2336 | - | ||
| 2522 | + | 1237 | |
| 2337 | 2523 | project and of the rents and profits from the development project; and | |
| 2338 | - | ||
| 2524 | + | 1238 | |
| 2339 | 2525 | (C) require the agency and its board and employees to account as if the agency | |
| 2340 | - | ||
| 2526 | + | 1239 | |
| 2341 | 2527 | and the board and employees were the trustees of an express trust. | |
| 2342 | - | ||
| 2528 | + | 1240 | |
| 2343 | 2529 | (ii) If a receiver is appointed through the exercise of a right granted under Subsection | |
| 2344 | - | ||
| 2530 | + | 1241 | |
| 2345 | 2531 | (2)(b)(i)(B), the receiver: | |
| 2346 | - | - 34 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 2347 | - | 1150 | |
| 2532 | + | 1242 | |
| 2348 | 2533 | (A) may enter and take possession of the development project or any part of the | |
| 2349 | - | ||
| 2534 | + | 1243 | |
| 2350 | 2535 | development project, operate and maintain the development project, and collect | |
| 2351 | - | ||
| 2536 | + | 1244 | |
| 2352 | 2537 | and receive all fees, rents, revenues, or other charges arising from the | |
| 2353 | - | ||
| 2538 | + | 1245 | |
| 2354 | 2539 | development project after the receiver's appointment; and | |
| 2355 | - | ||
| 2540 | + | 1246 | |
| 2356 | 2541 | (B) shall keep money collected as receiver for the agency in separate accounts and | |
| 2357 | - | ||
| 2542 | + | 1247 | |
| 2358 | 2543 | apply the money pursuant to the agency obligations as the court directs. | |
| 2359 | - | ||
| 2360 | - | Section | |
| 2361 | - | ||
| 2362 | - | 11-71-706 (Effective 07 | |
| 2363 | - | ||
| 2544 | + | 1248 | |
| 2545 | + | Section 32. Section 11-71-706 is enacted to read: | |
| 2546 | + | 1249 | |
| 2547 | + | 11-71-706 (Effective 05/07/25). Bonds exempt from taxes -- Agency may | |
| 2548 | + | 1250 | |
| 2364 | 2549 | purchase its own bonds. | |
| 2365 | - | ||
| 2550 | + | 1251 | |
| 2366 | 2551 | (1) A bond issued by the agency, or a subsidiary public infrastructure district as described | |
| 2367 | - | ||
| 2552 | + | 1252 | |
| 2368 | 2553 | in Section 11-71-502, under this part is issued for an essential public and governmental | |
| 2369 | - | ||
| 2554 | + | 1253 | |
| 2370 | 2555 | purpose and is, together with interest on the bond and income from the bond, exempt | |
| 2371 | - | ||
| 2556 | + | 1254 | |
| 2372 | 2557 | from all state taxes except the corporate franchise tax. | |
| 2373 | - | 1163 | |
| 2558 | + | - 37 - S.B. 337 02-26 10:50 | |
| 2559 | + | 1255 | |
| 2374 | 2560 | (2) The agency may purchase the agency's own bonds at a price that the board determines. | |
| 2375 | - | ||
| 2561 | + | 1256 | |
| 2376 | 2562 | (3) Nothing in this section may be construed to limit the right of an obligee to pursue a | |
| 2377 | - | ||
| 2563 | + | 1257 | |
| 2378 | 2564 | remedy for the enforcement of a pledge or lien given under this part by the agency on | |
| 2379 | - | ||
| 2565 | + | 1258 | |
| 2380 | 2566 | the agency's rents, fees, grants, properties, or revenues. | |
| 2381 | - | ||
| 2382 | - | Section | |
| 2383 | - | ||
| 2567 | + | 1259 | |
| 2568 | + | Section 33. Section 11-71-801 is enacted to read: | |
| 2569 | + | 1260 | |
| 2384 | 2570 | ||
| 2385 | 2571 | Part 8. Agency Budget, Reporting, and Audits | |
| 2386 | - | ||
| 2387 | - | 11-71-801 (Effective 07 | |
| 2388 | - | ||
| 2572 | + | 1261 | |
| 2573 | + | 11-71-801 (Effective 05/07/25). Annual agency budget -- Fiscal year -- Public | |
| 2574 | + | 1262 | |
| 2389 | 2575 | hearing required -- Auditor forms -- Requirement to file annual budget. | |
| 2390 | - | ||
| 2576 | + | 1263 | |
| 2391 | 2577 | (1) The agency shall prepare and the board shall adopt an annual budget of revenues and | |
| 2392 | - | ||
| 2578 | + | 1264 | |
| 2393 | 2579 | expenditures for the agency for each fiscal year. | |
| 2394 | - | ||
| 2580 | + | 1265 | |
| 2395 | 2581 | (2) Each annual agency budget shall be adopted before June 30, except that the agency's | |
| 2396 | - | ||
| 2582 | + | 1266 | |
| 2397 | 2583 | initial budget shall be adopted as soon as reasonably practicable after the organization of | |
| 2398 | - | ||
| 2584 | + | 1267 | |
| 2399 | 2585 | the board and the beginning of agency operations. | |
| 2400 | - | ||
| 2586 | + | 1268 | |
| 2401 | 2587 | (3) The agency's fiscal year shall be the period from July 1 to the following June 30. | |
| 2402 | - | ||
| 2588 | + | 1269 | |
| 2403 | 2589 | (4)(a) Before adopting an annual budget, the board shall hold a public hearing on the | |
| 2404 | - | ||
| 2590 | + | 1270 | |
| 2405 | 2591 | annual budget. | |
| 2406 | - | ||
| 2592 | + | 1271 | |
| 2407 | 2593 | (b) The agency shall provide notice of the public hearing on the annual budget by | |
| 2408 | - | ||
| 2594 | + | 1272 | |
| 2409 | 2595 | publishing notice: | |
| 2410 | - | ||
| 2596 | + | 1273 | |
| 2411 | 2597 | (i) at least once in a newspaper of general circulation within the state, at least one | |
| 2412 | - | ||
| 2598 | + | 1274 | |
| 2413 | 2599 | week before the public hearing; and | |
| 2414 | - | ||
| 2600 | + | 1275 | |
| 2415 | 2601 | (ii) on the Utah Public Notice Website created in Section 63A-16-601, at least one | |
| 2416 | - | - 35 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2417 | - | 1184 | |
| 2602 | + | 1276 | |
| 2418 | 2603 | week immediately before the public hearing. | |
| 2419 | - | ||
| 2604 | + | 1277 | |
| 2420 | 2605 | (c) The agency shall make the annual budget available for public inspection at least three | |
| 2421 | - | ||
| 2606 | + | 1278 | |
| 2422 | 2607 | days before the date of the public hearing. | |
| 2423 | - | ||
| 2608 | + | 1279 | |
| 2424 | 2609 | (5) The state auditor shall prescribe the budget forms and the categories to be contained in | |
| 2425 | - | ||
| 2610 | + | 1280 | |
| 2426 | 2611 | each agency budget, including: | |
| 2427 | - | ||
| 2612 | + | 1281 | |
| 2428 | 2613 | (a) revenues and expenditures for the budget year; | |
| 2429 | - | ||
| 2614 | + | 1282 | |
| 2430 | 2615 | (b) legal fees; and | |
| 2431 | - | ||
| 2616 | + | 1283 | |
| 2432 | 2617 | (c) administrative costs, including rent, supplies, and salaries of agency personnel. | |
| 2433 | - | ||
| 2618 | + | 1284 | |
| 2434 | 2619 | (6)(a) Within 30 days after adopting an annual budget, the board shall file a copy of the | |
| 2435 | - | 1193 | |
| 2436 | - | annual budget with the auditor of each county in which a project area is located, the | |
| 2437 | - | 1194 | |
| 2438 | - | State Tax Commission, the state auditor, the State Board of Education, and each | |
| 2439 | - | 1195 | |
| 2620 | + | 1285 | |
| 2621 | + | annual budget with the auditor of each county in which the agency jurisdictional land | |
| 2622 | + | 1286 | |
| 2623 | + | is located, the State Tax Commission, the state auditor, the State Board of Education, | |
| 2624 | + | 1287 | |
| 2625 | + | and each taxing entity that levies a tax on property from which the agency collects | |
| 2626 | + | 1288 | |
| 2627 | + | property tax differential. | |
| 2628 | + | - 38 - 02-26 10:50 S.B. 337 | |
| 2629 | + | 1289 | |
| 2630 | + | (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the | |
| 2631 | + | 1290 | |
| 2632 | + | state as a taxing entity is met if the agency files a copy with the State Tax | |
| 2633 | + | 1291 | |
| 2634 | + | Commission and the state auditor. | |
| 2635 | + | 1292 | |
| 2636 | + | Section 34. Section 11-71-802 is enacted to read: | |
| 2637 | + | 1293 | |
| 2638 | + | 11-71-802 (Effective 05/07/25). Amending the agency annual budget. | |
| 2639 | + | 1294 | |
| 2640 | + | (1) The board may by resolution amend an annual agency budget. | |
| 2641 | + | 1295 | |
| 2642 | + | (2) An amendment of the annual agency budget that would increase the total expenditures | |
| 2643 | + | 1296 | |
| 2644 | + | may be made only after public hearing by notice published as required for initial | |
| 2645 | + | 1297 | |
| 2646 | + | adoption of the annual budget. | |
| 2647 | + | 1298 | |
| 2648 | + | (3) The agency may not make expenditures in excess of the total expenditures established | |
| 2649 | + | 1299 | |
| 2650 | + | in the annual budget as the budget is adopted or amended. | |
| 2651 | + | 1300 | |
| 2652 | + | Section 35. Section 11-71-803 is enacted to read: | |
| 2653 | + | 1301 | |
| 2654 | + | 11-71-803 (Effective 05/07/25). Report. | |
| 2655 | + | 1302 | |
| 2656 | + | (1) No later than September 1 of each year, the board shall evaluate the agency's work to | |
| 2657 | + | 1303 | |
| 2658 | + | pursue strategic economic development objectives in the state. | |
| 2659 | + | 1304 | |
| 2660 | + | (2) No later than October 1 of each year, the board shall report to the council regarding: | |
| 2661 | + | 1305 | |
| 2662 | + | (a) progress made toward strategic economic development objectives; | |
| 2663 | + | 1306 | |
| 2664 | + | (b) draft proposals for significant community impact project plans; | |
| 2665 | + | 1307 | |
| 2666 | + | (c) complete proposals for significant community impact project plans; and | |
| 2667 | + | 1308 | |
| 2668 | + | (d) approved significant community impact project plans. | |
| 2669 | + | 1309 | |
| 2670 | + | (3) On or before October 1 of each year, the board shall provide a written report to the | |
| 2671 | + | 1310 | |
| 2672 | + | Economic Development and Workforce Services Interim Committee regarding any | |
| 2673 | + | 1311 | |
| 2674 | + | approved significant community impact project plans. | |
| 2675 | + | 1312 | |
| 2676 | + | (4)(a) On or before November 1 of each year, the agency shall prepare and file a report | |
| 2677 | + | 1313 | |
| 2678 | + | with the county auditor of each county in which a project area created under this | |
| 2679 | + | 1314 | |
| 2680 | + | chapter is located, the State Tax Commission, the State Board of Education, and each | |
| 2681 | + | 1315 | |
| 2440 | 2682 | taxing entity that levies a tax on property from which the agency collects property tax | |
| 2441 | - | ||
| 2683 | + | 1316 | |
| 2442 | 2684 | differential. | |
| 2443 | - | 1197 | |
| 2444 | - | (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the | |
| 2445 | - | 1198 | |
| 2446 | - | state as a taxing entity is met if the agency files a copy with the State Tax | |
| 2447 | - | 1199 | |
| 2448 | - | Commission and the state auditor. | |
| 2449 | - | 1200 | |
| 2450 | - | Section 33. Section 11-71-802 is enacted to read: | |
| 2451 | - | 1201 | |
| 2452 | - | 11-71-802 (Effective 07/01/25). Amending the agency annual budget. | |
| 2453 | - | 1202 | |
| 2454 | - | (1) The board may by resolution amend an annual agency budget. | |
| 2455 | - | 1203 | |
| 2456 | - | (2) An amendment of the annual agency budget that would increase the total expenditures | |
| 2457 | - | 1204 | |
| 2458 | - | may be made only after public hearing by notice published as required for initial | |
| 2459 | - | 1205 | |
| 2460 | - | adoption of the annual budget. | |
| 2461 | - | 1206 | |
| 2462 | - | (3) The agency may not make expenditures in excess of the total expenditures established | |
| 2463 | - | 1207 | |
| 2464 | - | in the annual budget as the budget is adopted or amended. | |
| 2465 | - | 1208 | |
| 2466 | - | Section 34. Section 11-71-803 is enacted to read: | |
| 2467 | - | 1209 | |
| 2468 | - | 11-71-803 (Effective 07/01/25). Report. | |
| 2469 | - | 1210 | |
| 2470 | - | (1) No later than August 1 of each year, the board shall evaluate the agency's work to | |
| 2471 | - | 1211 | |
| 2472 | - | pursue strategic economic development objectives in the state. | |
| 2473 | - | 1212 | |
| 2474 | - | (2) No later than September 1 of each year, the board shall report to the council regarding: | |
| 2475 | - | 1213 | |
| 2476 | - | (a) progress made toward strategic economic development objectives; | |
| 2477 | - | 1214 | |
| 2478 | - | (b) draft proposals for significant community impact project plans; | |
| 2479 | - | 1215 | |
| 2480 | - | (c) complete proposals for significant community impact project plans; and | |
| 2481 | - | 1216 | |
| 2482 | - | (d) approved significant community impact project plans. | |
| 2483 | - | 1217 | |
| 2484 | - | (3) No later than October 1 of each year, the board shall provide a written report to the | |
| 2485 | - | - 36 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 2486 | - | 1218 | |
| 2487 | - | Economic Development and Workforce Services Interim Committee regarding any | |
| 2488 | - | 1219 | |
| 2489 | - | approved significant community impact project plans. | |
| 2490 | - | 1220 | |
| 2491 | - | (4)(a) No later than October 1 of each year, the agency shall prepare and file a report | |
| 2492 | - | 1221 | |
| 2493 | - | with the county auditor of each county in which a project area created under this | |
| 2494 | - | 1222 | |
| 2495 | - | chapter is located, the State Tax Commission, the State Board of Education, and each | |
| 2496 | - | 1223 | |
| 2497 | - | taxing entity that levies a tax on property from which the agency collects property tax | |
| 2498 | - | 1224 | |
| 2499 | - | differential. | |
| 2500 | - | 1225 | |
| 2685 | + | 1317 | |
| 2501 | 2686 | (b) The requirement of Subsection (4)(a) to file a copy of the report with the state as a | |
| 2502 | - | ||
| 2687 | + | 1318 | |
| 2503 | 2688 | taxing entity is met if the agency files a copy with the State Tax Commission and the | |
| 2504 | - | ||
| 2689 | + | 1319 | |
| 2505 | 2690 | state auditor. | |
| 2506 | - | ||
| 2691 | + | 1320 | |
| 2507 | 2692 | (c) Each report under this Subsection (4) shall contain: | |
| 2508 | - | ||
| 2693 | + | 1321 | |
| 2509 | 2694 | (i) an estimate of the property tax differential to be paid to the agency for the calendar | |
| 2510 | - | ||
| 2695 | + | 1322 | |
| 2511 | 2696 | year ending December 31; and | |
| 2512 | - | 1231 | |
| 2697 | + | - 39 - S.B. 337 02-26 10:50 | |
| 2698 | + | 1323 | |
| 2513 | 2699 | (ii) an estimate of the property tax differential to be paid to the agency for the | |
| 2514 | - | ||
| 2700 | + | 1324 | |
| 2515 | 2701 | calendar year beginning the next January 1. | |
| 2516 | - | ||
| 2517 | - | (5) | |
| 2518 | - | ||
| 2702 | + | 1325 | |
| 2703 | + | (5) Before November 30 of each year, the board shall present a report to the Executive | |
| 2704 | + | 1326 | |
| 2519 | 2705 | Appropriations Committee of the Legislature, as the Executive Appropriations | |
| 2520 | - | ||
| 2706 | + | 1327 | |
| 2521 | 2707 | Committee directs, that includes: | |
| 2522 | - | ||
| 2708 | + | 1328 | |
| 2523 | 2709 | (a) an overview of any policies created by the board under this chapter; | |
| 2524 | - | ||
| 2710 | + | 1329 | |
| 2525 | 2711 | (b) an accounting of how agency funds have been spent; | |
| 2526 | - | ||
| 2712 | + | 1330 | |
| 2527 | 2713 | (c) any agency business plans developed under Part 5, Project Area Budget; and | |
| 2528 | - | ||
| 2714 | + | 1331 | |
| 2529 | 2715 | (d) an explanation of the agency's progress in achieving the policies and objectives | |
| 2530 | - | ||
| 2716 | + | 1332 | |
| 2531 | 2717 | described in this chapter. | |
| 2532 | - | ||
| 2533 | - | Section | |
| 2534 | - | ||
| 2535 | - | 11-71-804 (Effective 07 | |
| 2536 | - | ||
| 2718 | + | 1333 | |
| 2719 | + | Section 36. Section 11-71-804 is enacted to read: | |
| 2720 | + | 1334 | |
| 2721 | + | 11-71-804 (Effective 05/07/25). Audit requirements. | |
| 2722 | + | 1335 | |
| 2537 | 2723 | The agency shall comply with the audit requirements of Title 51, Chapter 2a, | |
| 2538 | - | ||
| 2724 | + | 1336 | |
| 2539 | 2725 | Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local | |
| 2540 | - | ||
| 2726 | + | 1337 | |
| 2541 | 2727 | Entities Act. | |
| 2542 | - | ||
| 2543 | - | Section | |
| 2544 | - | ||
| 2545 | - | 11-71-805 (Effective 07 | |
| 2546 | - | ||
| 2728 | + | 1338 | |
| 2729 | + | Section 37. Section 11-71-805 is enacted to read: | |
| 2730 | + | 1339 | |
| 2731 | + | 11-71-805 (Effective 05/07/25). Audit report. | |
| 2732 | + | 1340 | |
| 2547 | 2733 | (1) The agency shall, within 180 days after the end of the agency's fiscal year, file a copy of | |
| 2548 | - | ||
| 2734 | + | 1341 | |
| 2549 | 2735 | the audit report with the county auditor, the State Tax Commission, the State Board of | |
| 2550 | - | ||
| 2736 | + | 1342 | |
| 2551 | 2737 | Education, and each taxing entity that levies a tax on property from which the agency | |
| 2552 | - | ||
| 2738 | + | 1343 | |
| 2553 | 2739 | collects property tax differential. | |
| 2554 | - | - 37 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2555 | - | 1252 | |
| 2740 | + | 1344 | |
| 2556 | 2741 | (2) Each audit report under Subsection (1) shall include: | |
| 2557 | - | ||
| 2742 | + | 1345 | |
| 2558 | 2743 | (a) the property tax differential collected by the agency; | |
| 2559 | - | ||
| 2744 | + | 1346 | |
| 2560 | 2745 | (b) the outstanding principal amount of bonds issued or other loans incurred to finance | |
| 2561 | - | ||
| 2746 | + | 1347 | |
| 2562 | 2747 | the costs associated with the agency's projects; and | |
| 2563 | - | ||
| 2748 | + | 1348 | |
| 2564 | 2749 | (c) the actual amount expended for: | |
| 2565 | - | ||
| 2750 | + | 1349 | |
| 2566 | 2751 | (i) acquisition of property; | |
| 2567 | - | ||
| 2752 | + | 1350 | |
| 2568 | 2753 | (ii) site improvements or site preparation costs; | |
| 2569 | - | ||
| 2754 | + | 1351 | |
| 2570 | 2755 | (iii) installation of public utilities or other public improvements; and | |
| 2571 | - | ||
| 2756 | + | 1352 | |
| 2572 | 2757 | (iv) administrative costs of the agency. | |
| 2573 | - | ||
| 2574 | - | Section | |
| 2575 | - | ||
| 2576 | - | 11-71-806 (Effective 07 | |
| 2577 | - | ||
| 2758 | + | 1353 | |
| 2759 | + | Section 38. Section 11-71-806 is enacted to read: | |
| 2760 | + | 1354 | |
| 2761 | + | 11-71-806 (Effective 05/07/25). Board is a public treasurer -- Certain agency | |
| 2762 | + | 1355 | |
| 2578 | 2763 | funds are public funds. | |
| 2579 | - | ||
| 2764 | + | 1356 | |
| 2580 | 2765 | (1) The board, or the board's designee: | |
| 2581 | - | 1265 | |
| 2766 | + | - 40 - 02-26 10:50 S.B. 337 | |
| 2767 | + | 1357 | |
| 2582 | 2768 | (a) is a public treasurer, as defined in Section 51-7-3; and | |
| 2583 | - | ||
| 2769 | + | 1358 | |
| 2584 | 2770 | (b) shall invest the agency funds specified in Subsection (2) as provided in that | |
| 2585 | - | ||
| 2771 | + | 1359 | |
| 2586 | 2772 | subsection. | |
| 2587 | - | ||
| 2588 | - | (2) Notwithstanding Subsection 63E-2-110(2)(a), property tax differential funds, | |
| 2589 | - | ||
| 2590 | - | revenue collected by the agency as described in this chapter, and | |
| 2591 | - | ||
| 2592 | - | agency receives from the state: | |
| 2593 | - | ||
| 2773 | + | 1360 | |
| 2774 | + | (2) Notwithstanding Subsection 63E-2-110(2)(a), property tax differential funds, sales and | |
| 2775 | + | 1361 | |
| 2776 | + | use tax differential, tax revenue collected by the agency as described in this chapter, and | |
| 2777 | + | 1362 | |
| 2778 | + | appropriations that the agency receives from the state: | |
| 2779 | + | 1363 | |
| 2594 | 2780 | (a) are public funds; and | |
| 2595 | - | ||
| 2781 | + | 1364 | |
| 2596 | 2782 | (b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act. | |
| 2597 | - | ||
| 2598 | - | Section | |
| 2599 | - | ||
| 2783 | + | 1365 | |
| 2784 | + | Section 39. Section 11-71-901 is enacted to read: | |
| 2785 | + | 1366 | |
| 2600 | 2786 | ||
| 2601 | 2787 | Part 9. Agency Dissolution | |
| 2602 | - | ||
| 2603 | - | 11-71-901 (Effective 07 | |
| 2604 | - | ||
| 2788 | + | 1367 | |
| 2789 | + | 11-71-901 (Effective 05/07/25). Dissolution of agency -- Restrictions -- Notice of | |
| 2790 | + | 1368 | |
| 2605 | 2791 | dissolution -- Disposition of agency property -- Agency records -- Dissolution expenses. | |
| 2606 | - | ||
| 2792 | + | 1369 | |
| 2607 | 2793 | (1) The agency may not be dissolved unless the agency has no outstanding bonded | |
| 2608 | - | ||
| 2794 | + | 1370 | |
| 2609 | 2795 | indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding | |
| 2610 | - | ||
| 2796 | + | 1371 | |
| 2611 | 2797 | contractual obligations with persons or entities other than the state. | |
| 2612 | - | ||
| 2798 | + | 1372 | |
| 2613 | 2799 | (2) Upon the dissolution of the agency: | |
| 2614 | - | ||
| 2800 | + | 1373 | |
| 2615 | 2801 | (a) the Governor's Office of Economic Opportunity shall publish a notice of dissolution: | |
| 2616 | - | ||
| 2802 | + | 1374 | |
| 2617 | 2803 | (i) for the county in which a project area created by the dissolved agency is located, | |
| 2618 | - | ||
| 2804 | + | 1375 | |
| 2619 | 2805 | as a class A notice under Section 63G-30-102, for at least seven days; and | |
| 2620 | - | ||
| 2806 | + | 1376 | |
| 2621 | 2807 | (ii) as required in Section 45-1-101; and | |
| 2622 | - | ||
| 2808 | + | 1377 | |
| 2623 | 2809 | (b) all title to property owned by the agency vests in the state. | |
| 2624 | - | - 38 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 2625 | - | 1286 | |
| 2810 | + | 1378 | |
| 2626 | 2811 | (3) The books, documents, records, papers, and seal of each dissolved agency shall be | |
| 2627 | - | ||
| 2812 | + | 1379 | |
| 2628 | 2813 | deposited for safekeeping and reference with the state auditor. | |
| 2629 | - | ||
| 2814 | + | 1380 | |
| 2630 | 2815 | (4) The agency shall pay all expenses of the deactivation and dissolution. | |
| 2631 | - | ||
| 2632 | - | Section | |
| 2633 | - | ||
| 2634 | - | 17D-4-102 (Effective 07 | |
| 2635 | - | ||
| 2816 | + | 1381 | |
| 2817 | + | Section 40. Section 17D-4-102 is amended to read: | |
| 2818 | + | 1382 | |
| 2819 | + | 17D-4-102 (Effective 05/07/25). Definitions. | |
| 2820 | + | 1383 | |
| 2636 | 2821 | As used in this chapter: | |
| 2637 | - | ||
| 2822 | + | 1384 | |
| 2638 | 2823 | (1) "Board" means the board of trustees of a public infrastructure district. | |
| 2639 | - | ||
| 2824 | + | 1385 | |
| 2640 | 2825 | (2) "Creating entity" means the county, municipality, or development authority that | |
| 2641 | - | ||
| 2826 | + | 1386 | |
| 2642 | 2827 | approves the creation of a public infrastructure district. | |
| 2643 | - | ||
| 2828 | + | 1387 | |
| 2644 | 2829 | (3) "Development authority" means: | |
| 2645 | - | ||
| 2830 | + | 1388 | |
| 2646 | 2831 | (a) the Utah Inland Port Authority created in Section 11-58-201; | |
| 2647 | - | ||
| 2832 | + | 1389 | |
| 2648 | 2833 | (b) the Point of the Mountain State Land Authority created in Section 11-59-201; | |
| 2649 | - | ||
| 2834 | + | 1390 | |
| 2650 | 2835 | (c) the Utah Fairpark Area Investment and Restoration District created in Section | |
| 2651 | - | 1299 | |
| 2836 | + | - 41 - S.B. 337 02-26 10:50 | |
| 2837 | + | 1391 | |
| 2652 | 2838 | 11-70-201; [or] | |
| 2653 | - | ||
| 2839 | + | 1392 | |
| 2654 | 2840 | (d) the military installation development authority created in Section 63H-1-201[.] ; or | |
| 2655 | - | ||
| 2841 | + | 1393 | |
| 2656 | 2842 | (e) the Beehive Development Agency created in Section 11-71-201. | |
| 2657 | - | ||
| 2843 | + | 1394 | |
| 2658 | 2844 | (4) "District applicant" means the person proposing the creation of a public infrastructure | |
| 2659 | - | ||
| 2845 | + | 1395 | |
| 2660 | 2846 | district. | |
| 2661 | - | ||
| 2847 | + | 1396 | |
| 2662 | 2848 | (5) "Division" means a division of a public infrastructure district: | |
| 2663 | - | ||
| 2849 | + | 1397 | |
| 2664 | 2850 | (a) that is relatively equal in number of eligible voters or potential eligible voters to all | |
| 2665 | - | ||
| 2851 | + | 1398 | |
| 2666 | 2852 | other divisions within the public infrastructure district, taking into account existing or | |
| 2667 | - | ||
| 2853 | + | 1399 | |
| 2668 | 2854 | potential developments which, when completed, would increase or decrease the | |
| 2669 | - | ||
| 2855 | + | 1400 | |
| 2670 | 2856 | population within the public infrastructure district; and | |
| 2671 | - | ||
| 2857 | + | 1401 | |
| 2672 | 2858 | (b) which a member of the board represents. | |
| 2673 | - | ||
| 2859 | + | 1402 | |
| 2674 | 2860 | (6) "Governing document" means the document governing a public infrastructure district to | |
| 2675 | - | ||
| 2861 | + | 1403 | |
| 2676 | 2862 | which the creating entity agrees before the creation of the public infrastructure district, | |
| 2677 | - | ||
| 2863 | + | 1404 | |
| 2678 | 2864 | as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, | |
| 2679 | - | ||
| 2865 | + | 1405 | |
| 2680 | 2866 | Provisions Applicable to All Special Districts, and this chapter. | |
| 2681 | - | ||
| 2867 | + | 1406 | |
| 2682 | 2868 | (7)(a) "Limited tax bond" means a bond: | |
| 2683 | - | ||
| 2869 | + | 1407 | |
| 2684 | 2870 | (i) that is directly payable from and secured by ad valorem property taxes that are | |
| 2685 | - | ||
| 2871 | + | 1408 | |
| 2686 | 2872 | levied: | |
| 2687 | - | ||
| 2873 | + | 1409 | |
| 2688 | 2874 | (A) by a public infrastructure district that issues the bond; and | |
| 2689 | - | ||
| 2875 | + | 1410 | |
| 2690 | 2876 | (B) on taxable property within the district; | |
| 2691 | - | ||
| 2877 | + | 1411 | |
| 2692 | 2878 | (ii) that is a general obligation of the public infrastructure district; and | |
| 2693 | - | - 39 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2694 | - | 1320 | |
| 2879 | + | 1412 | |
| 2695 | 2880 | (iii) for which the ad valorem property tax levy for repayment of the bond does not | |
| 2696 | - | ||
| 2881 | + | 1413 | |
| 2697 | 2882 | exceed the property tax levy rate limit established under Section 17D-4-303 for | |
| 2698 | - | ||
| 2883 | + | 1414 | |
| 2699 | 2884 | any fiscal year, except as provided in Subsection 17D-4-301(8). | |
| 2700 | - | ||
| 2885 | + | 1415 | |
| 2701 | 2886 | (b) "Limited tax bond" does not include: | |
| 2702 | - | ||
| 2887 | + | 1416 | |
| 2703 | 2888 | (i) a short-term bond; | |
| 2704 | - | ||
| 2889 | + | 1417 | |
| 2705 | 2890 | (ii) a tax and revenue anticipation bond; or | |
| 2706 | - | ||
| 2891 | + | 1418 | |
| 2707 | 2892 | (iii) a special assessment bond. | |
| 2708 | - | ||
| 2893 | + | 1419 | |
| 2709 | 2894 | (8) "Public infrastructure and improvements" means: | |
| 2710 | - | ||
| 2895 | + | 1420 | |
| 2711 | 2896 | (a) the same as that term is defined in Section 11-58-102, for a public infrastructure | |
| 2712 | - | ||
| 2897 | + | 1421 | |
| 2713 | 2898 | district created by the Utah Inland Port Authority created in Section 11-58-201; | |
| 2714 | - | ||
| 2899 | + | 1422 | |
| 2715 | 2900 | (b) the same as that term is defined in Section 11-70-101, for a public infrastructure | |
| 2716 | - | ||
| 2901 | + | 1423 | |
| 2717 | 2902 | district created by the Utah Fairpark Area Investment and Restoration District created | |
| 2718 | - | ||
| 2903 | + | 1424 | |
| 2719 | 2904 | in Section 11-70-201; [and] | |
| 2720 | - | 1333 | |
| 2905 | + | - 42 - 02-26 10:50 S.B. 337 | |
| 2906 | + | 1425 | |
| 2721 | 2907 | (c) the same as that term is defined in Section 63H-1-102, for a public infrastructure | |
| 2722 | - | ||
| 2908 | + | 1426 | |
| 2723 | 2909 | district created by the military installation development authority created in Section | |
| 2724 | - | ||
| 2910 | + | 1427 | |
| 2725 | 2911 | 63H-1-201[.] ; and | |
| 2726 | - | ||
| 2912 | + | 1428 | |
| 2727 | 2913 | (d) the same as that term is defined in Section 11-71-101, for a public infrastructure | |
| 2728 | - | ||
| 2914 | + | 1429 | |
| 2729 | 2915 | district created by the Beehive Development Agency created in Section 11-71-201. | |
| 2730 | - | ||
| 2731 | - | Section | |
| 2732 | - | ||
| 2916 | + | 1430 | |
| 2917 | + | Section 41. Section 35A-8-202 is amended to read: | |
| 2918 | + | 1431 | |
| 2733 | 2919 | 35A-8-202 (Effective 05/07/25). Powers and duties of division. | |
| 2734 | - | ||
| 2920 | + | 1432 | |
| 2735 | 2921 | (1) The division shall: | |
| 2736 | - | ||
| 2922 | + | 1433 | |
| 2737 | 2923 | (a) assist local governments and citizens in the planning, development, and maintenance | |
| 2738 | - | ||
| 2924 | + | 1434 | |
| 2739 | 2925 | of necessary public infrastructure and services; | |
| 2740 | - | ||
| 2926 | + | 1435 | |
| 2741 | 2927 | (b) cooperate with, and provide technical assistance to, counties, cities, towns, regional | |
| 2742 | - | ||
| 2928 | + | 1436 | |
| 2743 | 2929 | planning commissions, area-wide clearinghouses, zoning commissions, parks or | |
| 2744 | - | ||
| 2930 | + | 1437 | |
| 2745 | 2931 | recreation boards, community development groups, community action agencies, and | |
| 2746 | - | ||
| 2932 | + | 1438 | |
| 2747 | 2933 | other agencies created for the purpose of aiding and encouraging an orderly, | |
| 2748 | - | ||
| 2934 | + | 1439 | |
| 2749 | 2935 | productive, and coordinated development of the state and its political subdivisions; | |
| 2750 | - | ||
| 2936 | + | 1440 | |
| 2751 | 2937 | (c) assist the governor in coordinating the activities of state agencies which have an | |
| 2752 | - | ||
| 2938 | + | 1441 | |
| 2753 | 2939 | impact on the solution of community development problems and the implementation | |
| 2754 | - | ||
| 2940 | + | 1442 | |
| 2755 | 2941 | of community plans; | |
| 2756 | - | ||
| 2942 | + | 1443 | |
| 2757 | 2943 | (d) serve as a clearinghouse for information, data, and other materials which may be | |
| 2758 | - | ||
| 2944 | + | 1444 | |
| 2759 | 2945 | helpful to local governments in discharging their responsibilities and provide | |
| 2760 | - | ||
| 2946 | + | 1445 | |
| 2761 | 2947 | information on available federal and state financial and technical assistance; | |
| 2762 | - | - 40 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 2763 | - | 1354 | |
| 2948 | + | 1446 | |
| 2764 | 2949 | (e) carry out continuing studies and analyses of the problems faced by communities | |
| 2765 | - | ||
| 2950 | + | 1447 | |
| 2766 | 2951 | within the state and develop such recommendations for administrative or legislative | |
| 2767 | - | ||
| 2952 | + | 1448 | |
| 2768 | 2953 | action as appear necessary; | |
| 2769 | - | ||
| 2954 | + | 1449 | |
| 2770 | 2955 | (f) assist in funding affordable housing; | |
| 2771 | - | ||
| 2956 | + | 1450 | |
| 2772 | 2957 | (g) support economic development activities through grants, loans, and direct programs | |
| 2773 | - | ||
| 2958 | + | 1451 | |
| 2774 | 2959 | financial assistance; | |
| 2775 | - | ||
| 2960 | + | 1452 | |
| 2776 | 2961 | (h) certify project funding at the local level in conformance with federal, state, and other | |
| 2777 | - | ||
| 2962 | + | 1453 | |
| 2778 | 2963 | requirements; | |
| 2779 | - | ||
| 2964 | + | 1454 | |
| 2780 | 2965 | (i) utilize the capabilities and facilities of public and private universities and colleges | |
| 2781 | - | ||
| 2966 | + | 1455 | |
| 2782 | 2967 | within the state in carrying out its functions; [and] | |
| 2783 | - | ||
| 2968 | + | 1456 | |
| 2784 | 2969 | (j) assist and support local governments, community action agencies, and citizens in the | |
| 2785 | - | ||
| 2970 | + | 1457 | |
| 2786 | 2971 | planning, development, and maintenance of home weatherization, energy efficiency, | |
| 2787 | - | ||
| 2972 | + | 1458 | |
| 2788 | 2973 | and antipoverty activities[.] ; | |
| 2789 | - | 1367 | |
| 2790 | - | (k) coordinate with the commissioner of the Governor's Office of Economic Opportunity | |
| 2791 | - | 1368 | |
| 2792 | - | in pursuing statewide objectives for housing; and | |
| 2793 | - | 1369 | |
| 2794 | - | (l) assist the commissioner of the Governor's Office of Economic Opportunity in | |
| 2795 | - | 1370 | |
| 2796 | - | fulfilling the duties described in Section 63N-1a-303.2. | |
| 2797 | - | 1371 | |
| 2974 | + | - 43 - S.B. 337 02-26 10:50 | |
| 2975 | + | 1459 | |
| 2976 | + | (k) coordinate with the chief executive officer of the Governor's Office of Economic | |
| 2977 | + | 1460 | |
| 2978 | + | Development in pursuing statewide objectives for housing; and | |
| 2979 | + | 1461 | |
| 2980 | + | (l) assist the chief executive officer of the Governor's Office of Economic Development | |
| 2981 | + | 1462 | |
| 2982 | + | in fulfilling the duties described in Section 63N-1a-303.2. | |
| 2983 | + | 1463 | |
| 2798 | 2984 | (2) The division may: | |
| 2799 | - | ||
| 2985 | + | 1464 | |
| 2800 | 2986 | (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds | |
| 2801 | - | ||
| 2987 | + | 1465 | |
| 2802 | 2988 | Procedures Act, seek federal grants, loans, or participation in federal programs; | |
| 2803 | - | ||
| 2989 | + | 1466 | |
| 2804 | 2990 | (b) if any federal program requires the expenditure of state funds as a condition to | |
| 2805 | - | ||
| 2991 | + | 1467 | |
| 2806 | 2992 | participation by the state in any fund, property, or service, with the governor's | |
| 2807 | - | ||
| 2993 | + | 1468 | |
| 2808 | 2994 | approval, expend whatever funds are necessary out of the money provided by the | |
| 2809 | - | ||
| 2995 | + | 1469 | |
| 2810 | 2996 | Legislature for the use of the department; | |
| 2811 | - | ||
| 2997 | + | 1470 | |
| 2812 | 2998 | (c) in accordance with Part 9, Domestic Violence Shelters, assist in developing, | |
| 2813 | - | ||
| 2999 | + | 1471 | |
| 2814 | 3000 | constructing, and improving shelters for victims of domestic violence, as described in | |
| 2815 | - | ||
| 3001 | + | 1472 | |
| 2816 | 3002 | Section 77-36-1, through loans and grants to nonprofit and governmental entities; and | |
| 2817 | - | ||
| 3003 | + | 1473 | |
| 2818 | 3004 | (d) assist, when requested by a county or municipality, in the development of accessible | |
| 2819 | - | ||
| 3005 | + | 1474 | |
| 2820 | 3006 | housing. | |
| 2821 | - | 1383 | |
| 2822 | - | Section 41. Section 59-12-352 is amended to read: | |
| 2823 | - | 1384 | |
| 3007 | + | 1475 | |
| 3008 | + | Section 42. Section 59-12-103 is amended to read: | |
| 3009 | + | 1476 | |
| 3010 | + | 59-12-103 (Effective 01/01/26). Sales and use tax base -- Rates -- Effective dates | |
| 3011 | + | 1477 | |
| 3012 | + | -- Use of sales and use tax revenue. | |
| 3013 | + | 1478 | |
| 3014 | + | (1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales | |
| 3015 | + | 1479 | |
| 3016 | + | price for amounts paid or charged for the following transactions: | |
| 3017 | + | 1480 | |
| 3018 | + | (a) retail sales of tangible personal property made within the state; | |
| 3019 | + | 1481 | |
| 3020 | + | (b) amounts paid for: | |
| 3021 | + | 1482 | |
| 3022 | + | (i) telecommunications service, other than mobile telecommunications service, that | |
| 3023 | + | 1483 | |
| 3024 | + | originates and terminates within the boundaries of this state; | |
| 3025 | + | 1484 | |
| 3026 | + | (ii) mobile telecommunications service that originates and terminates within the | |
| 3027 | + | 1485 | |
| 3028 | + | boundaries of one state only to the extent permitted by the Mobile | |
| 3029 | + | 1486 | |
| 3030 | + | Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or | |
| 3031 | + | 1487 | |
| 3032 | + | (iii) an ancillary service associated with a: | |
| 3033 | + | 1488 | |
| 3034 | + | (A) telecommunications service described in Subsection (1)(b)(i); or | |
| 3035 | + | 1489 | |
| 3036 | + | (B) mobile telecommunications service described in Subsection (1)(b)(ii); | |
| 3037 | + | 1490 | |
| 3038 | + | (c) sales of the following for commercial use: | |
| 3039 | + | 1491 | |
| 3040 | + | (i) gas; | |
| 3041 | + | 1492 | |
| 3042 | + | (ii) electricity; | |
| 3043 | + | - 44 - 02-26 10:50 S.B. 337 | |
| 3044 | + | 1493 | |
| 3045 | + | (iii) heat; | |
| 3046 | + | 1494 | |
| 3047 | + | (iv) coal; | |
| 3048 | + | 1495 | |
| 3049 | + | (v) fuel oil; or | |
| 3050 | + | 1496 | |
| 3051 | + | (vi) other fuels; | |
| 3052 | + | 1497 | |
| 3053 | + | (d) sales of the following for residential use: | |
| 3054 | + | 1498 | |
| 3055 | + | (i) gas; | |
| 3056 | + | 1499 | |
| 3057 | + | (ii) electricity; | |
| 3058 | + | 1500 | |
| 3059 | + | (iii) heat; | |
| 3060 | + | 1501 | |
| 3061 | + | (iv) coal; | |
| 3062 | + | 1502 | |
| 3063 | + | (v) fuel oil; or | |
| 3064 | + | 1503 | |
| 3065 | + | (vi) other fuels; | |
| 3066 | + | 1504 | |
| 3067 | + | (e) sales of prepared food; | |
| 3068 | + | 1505 | |
| 3069 | + | (f) except as provided in Section 59-12-104, amounts paid or charged as admission or | |
| 3070 | + | 1506 | |
| 3071 | + | user fees for theaters, movies, operas, museums, planetariums, shows of any type or | |
| 3072 | + | 1507 | |
| 3073 | + | nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, | |
| 3074 | + | 1508 | |
| 3075 | + | menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling | |
| 3076 | + | 1509 | |
| 3077 | + | matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling | |
| 3078 | + | 1510 | |
| 3079 | + | lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts, | |
| 3080 | + | 1511 | |
| 3081 | + | ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides, | |
| 3082 | + | 1512 | |
| 3083 | + | river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or | |
| 3084 | + | 1513 | |
| 3085 | + | any other amusement, entertainment, recreation, exhibition, cultural, or athletic | |
| 3086 | + | 1514 | |
| 3087 | + | activity; | |
| 3088 | + | 1515 | |
| 3089 | + | (g) amounts paid or charged for services for repairs or renovations of tangible personal | |
| 3090 | + | 1516 | |
| 3091 | + | property, unless Section 59-12-104 provides for an exemption from sales and use tax | |
| 3092 | + | 1517 | |
| 3093 | + | for: | |
| 3094 | + | 1518 | |
| 3095 | + | (i) the tangible personal property; and | |
| 3096 | + | 1519 | |
| 3097 | + | (ii) parts used in the repairs or renovations of the tangible personal property described | |
| 3098 | + | 1520 | |
| 3099 | + | in Subsection (1)(g)(i), regardless of whether: | |
| 3100 | + | 1521 | |
| 3101 | + | (A) any parts are actually used in the repairs or renovations of that tangible | |
| 3102 | + | 1522 | |
| 3103 | + | personal property; or | |
| 3104 | + | 1523 | |
| 3105 | + | (B) the particular parts used in the repairs or renovations of that tangible personal | |
| 3106 | + | 1524 | |
| 3107 | + | property are exempt from a tax under this chapter; | |
| 3108 | + | 1525 | |
| 3109 | + | (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for assisted | |
| 3110 | + | 1526 | |
| 3111 | + | cleaning or washing of tangible personal property; | |
| 3112 | + | - 45 - S.B. 337 02-26 10:50 | |
| 3113 | + | 1527 | |
| 3114 | + | (i) amounts paid or charged for short-term rentals of tourist home, hotel, motel, or trailer | |
| 3115 | + | 1528 | |
| 3116 | + | court accommodations and services; | |
| 3117 | + | 1529 | |
| 3118 | + | (j) amounts paid or charged for laundry or dry cleaning services; | |
| 3119 | + | 1530 | |
| 3120 | + | (k) amounts paid or charged for leases or rentals of tangible personal property if within | |
| 3121 | + | 1531 | |
| 3122 | + | this state the tangible personal property is: | |
| 3123 | + | 1532 | |
| 3124 | + | (i) stored; | |
| 3125 | + | 1533 | |
| 3126 | + | (ii) used; or | |
| 3127 | + | 1534 | |
| 3128 | + | (iii) otherwise consumed; | |
| 3129 | + | 1535 | |
| 3130 | + | (l) amounts paid or charged for tangible personal property if within this state the tangible | |
| 3131 | + | 1536 | |
| 3132 | + | personal property is: | |
| 3133 | + | 1537 | |
| 3134 | + | (i) stored; | |
| 3135 | + | 1538 | |
| 3136 | + | (ii) used; or | |
| 3137 | + | 1539 | |
| 3138 | + | (iii) consumed; | |
| 3139 | + | 1540 | |
| 3140 | + | (m) amounts paid or charged for a sale: | |
| 3141 | + | 1541 | |
| 3142 | + | (i)(A) of a product transferred electronically; or | |
| 3143 | + | 1542 | |
| 3144 | + | (B) of a repair or renovation of a product transferred electronically; and | |
| 3145 | + | 1543 | |
| 3146 | + | (ii) regardless of whether the sale provides: | |
| 3147 | + | 1544 | |
| 3148 | + | (A) a right of permanent use of the product; or | |
| 3149 | + | 1545 | |
| 3150 | + | (B) a right to use the product that is less than a permanent use, including a right: | |
| 3151 | + | 1546 | |
| 3152 | + | (I) for a definite or specified length of time; and | |
| 3153 | + | 1547 | |
| 3154 | + | (II) that terminates upon the occurrence of a condition; and | |
| 3155 | + | 1548 | |
| 3156 | + | (n) sales of leased tangible personal property from the lessor to the lessee made in the | |
| 3157 | + | 1549 | |
| 3158 | + | state. | |
| 3159 | + | 1550 | |
| 3160 | + | (2)(a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax are | |
| 3161 | + | 1551 | |
| 3162 | + | imposed on a transaction described in Subsection (1) equal to the sum of: | |
| 3163 | + | 1552 | |
| 3164 | + | (i) a state tax imposed on the transaction at a tax rate equal to the sum of: | |
| 3165 | + | 1553 | |
| 3166 | + | (A) 4.70% plus the rate specified in Subsection (11)(a); and | |
| 3167 | + | 1554 | |
| 3168 | + | (B)(I) the tax rate the state imposes in accordance with Part 18, Additional | |
| 3169 | + | 1555 | |
| 3170 | + | State Sales and Use Tax Act, if the location of the transaction as determined | |
| 3171 | + | 1556 | |
| 3172 | + | under Sections 59-12-211 through 59-12-215 is in a county in which the | |
| 3173 | + | 1557 | |
| 3174 | + | state imposes the tax under Part 18, Additional State Sales and Use Tax Act; | |
| 3175 | + | 1558 | |
| 3176 | + | and | |
| 3177 | + | 1559 | |
| 3178 | + | (II) the tax rate the state imposes in accordance with Part 20, Supplemental | |
| 3179 | + | 1560 | |
| 3180 | + | State Sales and Use Tax Act, if the location of the transaction as determined | |
| 3181 | + | - 46 - 02-26 10:50 S.B. 337 | |
| 3182 | + | 1561 | |
| 3183 | + | under Sections 59-12-211 through 59-12-215 is in a city, town, or the | |
| 3184 | + | 1562 | |
| 3185 | + | unincorporated area of a county in which the state imposes the tax under | |
| 3186 | + | 1563 | |
| 3187 | + | Part 20, Supplemental State Sales and Use Tax Act; and | |
| 3188 | + | 1564 | |
| 3189 | + | (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the | |
| 3190 | + | 1565 | |
| 3191 | + | transaction under this chapter other than this part. | |
| 3192 | + | 1566 | |
| 3193 | + | (b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a state | |
| 3194 | + | 1567 | |
| 3195 | + | tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal | |
| 3196 | + | 1568 | |
| 3197 | + | to the sum of: | |
| 3198 | + | 1569 | |
| 3199 | + | (i) a state tax imposed on the transaction at a tax rate of 2%; and | |
| 3200 | + | 1570 | |
| 3201 | + | (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the | |
| 3202 | + | 1571 | |
| 3203 | + | transaction under this chapter other than this part. | |
| 3204 | + | 1572 | |
| 3205 | + | (c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed | |
| 3206 | + | 1573 | |
| 3207 | + | on amounts paid or charged for food and food ingredients equal to the sum of: | |
| 3208 | + | 1574 | |
| 3209 | + | (i) a state tax imposed on the amounts paid or charged for food and food ingredients | |
| 3210 | + | 1575 | |
| 3211 | + | at a tax rate of 1.75%; and | |
| 3212 | + | 1576 | |
| 3213 | + | (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the | |
| 3214 | + | 1577 | |
| 3215 | + | amounts paid or charged for food and food ingredients under this chapter other | |
| 3216 | + | 1578 | |
| 3217 | + | than this part. | |
| 3218 | + | 1579 | |
| 3219 | + | (d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts paid | |
| 3220 | + | 1580 | |
| 3221 | + | or charged for fuel to a common carrier that is a railroad for use in a locomotive | |
| 3222 | + | 1581 | |
| 3223 | + | engine at a rate of 4.85%. | |
| 3224 | + | 1582 | |
| 3225 | + | (e)(i)(A) If a shared vehicle owner certifies to the commission, on a form | |
| 3226 | + | 1583 | |
| 3227 | + | prescribed by the commission, that the shared vehicle is an individual-owned | |
| 3228 | + | 1584 | |
| 3229 | + | shared vehicle, a tax imposed under Subsection (2)(a)(i)(A) does not apply to | |
| 3230 | + | 1585 | |
| 3231 | + | car sharing, a car-sharing program, a shared vehicle driver, or a shared vehicle | |
| 3232 | + | 1586 | |
| 3233 | + | owner. | |
| 3234 | + | 1587 | |
| 3235 | + | (B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is | |
| 3236 | + | 1588 | |
| 3237 | + | required once during the time that the shared vehicle owner owns the shared | |
| 3238 | + | 1589 | |
| 3239 | + | vehicle. | |
| 3240 | + | 1590 | |
| 3241 | + | (C) The commission shall verify that a shared vehicle is an individual-owned | |
| 3242 | + | 1591 | |
| 3243 | + | shared vehicle by verifying that the applicable Utah taxes imposed under this | |
| 3244 | + | 1592 | |
| 3245 | + | chapter were paid on the purchase of the shared vehicle. | |
| 3246 | + | 1593 | |
| 3247 | + | (D) The exception under Subsection (2)(e)(i)(A) applies to a certified | |
| 3248 | + | 1594 | |
| 3249 | + | individual-owned shared vehicle shared through a car-sharing program even if | |
| 3250 | + | - 47 - S.B. 337 02-26 10:50 | |
| 3251 | + | 1595 | |
| 3252 | + | non-certified shared vehicles are also available to be shared through the same | |
| 3253 | + | 1596 | |
| 3254 | + | car-sharing program. | |
| 3255 | + | 1597 | |
| 3256 | + | (ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing. | |
| 3257 | + | 1598 | |
| 3258 | + | (iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's | |
| 3259 | + | 1599 | |
| 3260 | + | representation that the shared vehicle is an individual-owned shared vehicle | |
| 3261 | + | 1600 | |
| 3262 | + | certified with the commission as described in Subsection (2)(e)(i). | |
| 3263 | + | 1601 | |
| 3264 | + | (B) If a car-sharing program relies in good faith on a shared vehicle owner's | |
| 3265 | + | 1602 | |
| 3266 | + | representation that the shared vehicle is an individual-owned shared vehicle | |
| 3267 | + | 1603 | |
| 3268 | + | certified with the commission as described in Subsection (2)(e)(i), the | |
| 3269 | + | 1604 | |
| 3270 | + | car-sharing program is not liable for any tax, penalty, fee, or other sanction | |
| 3271 | + | 1605 | |
| 3272 | + | imposed on the shared vehicle owner. | |
| 3273 | + | 1606 | |
| 3274 | + | (iv) If all shared vehicles shared through a car-sharing program are certified as | |
| 3275 | + | 1607 | |
| 3276 | + | described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has | |
| 3277 | + | 1608 | |
| 3278 | + | no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax | |
| 3279 | + | 1609 | |
| 3280 | + | period. | |
| 3281 | + | 1610 | |
| 3282 | + | (v) A car-sharing program is not required to list or otherwise identify an | |
| 3283 | + | 1611 | |
| 3284 | + | individual-owned shared vehicle on a return or an attachment to a return. | |
| 3285 | + | 1612 | |
| 3286 | + | (vi) A car-sharing program shall: | |
| 3287 | + | 1613 | |
| 3288 | + | (A) retain tax information for each car-sharing program transaction; and | |
| 3289 | + | 1614 | |
| 3290 | + | (B) provide the information described in Subsection (2)(e)(vi)(A) to the | |
| 3291 | + | 1615 | |
| 3292 | + | commission at the commission's request. | |
| 3293 | + | 1616 | |
| 3294 | + | (f)(i) For a bundled transaction that is attributable to food and food ingredients and | |
| 3295 | + | 1617 | |
| 3296 | + | tangible personal property other than food and food ingredients, a state tax and a | |
| 3297 | + | 1618 | |
| 3298 | + | local tax is imposed on the entire bundled transaction equal to the sum of: | |
| 3299 | + | 1619 | |
| 3300 | + | (A) a state tax imposed on the entire bundled transaction equal to the sum of: | |
| 3301 | + | 1620 | |
| 3302 | + | (I) the tax rate described in Subsection (2)(a)(i)(A); and | |
| 3303 | + | 1621 | |
| 3304 | + | (II)(Aa) the tax rate the state imposes in accordance with Part 18, | |
| 3305 | + | 1622 | |
| 3306 | + | Additional State Sales and Use Tax Act, if the location of the transaction | |
| 3307 | + | 1623 | |
| 3308 | + | as determined under Sections 59-12-211 through 59-12-215 is in a | |
| 3309 | + | 1624 | |
| 3310 | + | county in which the state imposes the tax under Part 18, Additional State | |
| 3311 | + | 1625 | |
| 3312 | + | Sales and Use Tax Act; and | |
| 3313 | + | 1626 | |
| 3314 | + | (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental | |
| 3315 | + | 1627 | |
| 3316 | + | State Sales and Use Tax Act, if the location of the transaction as | |
| 3317 | + | 1628 | |
| 3318 | + | determined under Sections 59-12-211 through 59-12-215 is in a city, | |
| 3319 | + | - 48 - 02-26 10:50 S.B. 337 | |
| 3320 | + | 1629 | |
| 3321 | + | town, or the unincorporated area of a county in which the state imposes | |
| 3322 | + | 1630 | |
| 3323 | + | the tax under Part 20, Supplemental State Sales and Use Tax Act; and | |
| 3324 | + | 1631 | |
| 3325 | + | (B) a local tax imposed on the entire bundled transaction at the sum of the tax | |
| 3326 | + | 1632 | |
| 3327 | + | rates described in Subsection (2)(a)(ii). | |
| 3328 | + | 1633 | |
| 3329 | + | (ii) If an optional computer software maintenance contract is a bundled transaction | |
| 3330 | + | 1634 | |
| 3331 | + | that consists of taxable and nontaxable products that are not separately itemized | |
| 3332 | + | 1635 | |
| 3333 | + | on an invoice or similar billing document, the purchase of the optional computer | |
| 3334 | + | 1636 | |
| 3335 | + | software maintenance contract is 40% taxable under this chapter and 60% | |
| 3336 | + | 1637 | |
| 3337 | + | nontaxable under this chapter. | |
| 3338 | + | 1638 | |
| 3339 | + | (iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled | |
| 3340 | + | 1639 | |
| 3341 | + | transaction described in Subsection (2)(f)(i) or (ii): | |
| 3342 | + | 1640 | |
| 3343 | + | (A) if the sales price of the bundled transaction is attributable to tangible personal | |
| 3344 | + | 1641 | |
| 3345 | + | property, a product, or a service that is subject to taxation under this chapter | |
| 3346 | + | 1642 | |
| 3347 | + | and tangible personal property, a product, or service that is not subject to | |
| 3348 | + | 1643 | |
| 3349 | + | taxation under this chapter, the entire bundled transaction is subject to taxation | |
| 3350 | + | 1644 | |
| 3351 | + | under this chapter unless: | |
| 3352 | + | 1645 | |
| 3353 | + | (I) the seller is able to identify by reasonable and verifiable standards the | |
| 3354 | + | 1646 | |
| 3355 | + | tangible personal property, product, or service that is not subject to taxation | |
| 3356 | + | 1647 | |
| 3357 | + | under this chapter from the books and records the seller keeps in the seller's | |
| 3358 | + | 1648 | |
| 3359 | + | regular course of business; or | |
| 3360 | + | 1649 | |
| 3361 | + | (II) state or federal law provides otherwise; or | |
| 3362 | + | 1650 | |
| 3363 | + | (B) if the sales price of a bundled transaction is attributable to two or more items | |
| 3364 | + | 1651 | |
| 3365 | + | of tangible personal property, products, or services that are subject to taxation | |
| 3366 | + | 1652 | |
| 3367 | + | under this chapter at different rates, the entire bundled transaction is subject to | |
| 3368 | + | 1653 | |
| 3369 | + | taxation under this chapter at the higher tax rate unless: | |
| 3370 | + | 1654 | |
| 3371 | + | (I) the seller is able to identify by reasonable and verifiable standards the | |
| 3372 | + | 1655 | |
| 3373 | + | tangible personal property, product, or service that is subject to taxation | |
| 3374 | + | 1656 | |
| 3375 | + | under this chapter at the lower tax rate from the books and records the seller | |
| 3376 | + | 1657 | |
| 3377 | + | keeps in the seller's regular course of business; or | |
| 3378 | + | 1658 | |
| 3379 | + | (II) state or federal law provides otherwise. | |
| 3380 | + | 1659 | |
| 3381 | + | (iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the | |
| 3382 | + | 1660 | |
| 3383 | + | seller's regular course of business includes books and records the seller keeps in | |
| 3384 | + | 1661 | |
| 3385 | + | the regular course of business for nontax purposes. | |
| 3386 | + | 1662 | |
| 3387 | + | (g)(i) Except as otherwise provided in this chapter and subject to Subsections | |
| 3388 | + | - 49 - S.B. 337 02-26 10:50 | |
| 3389 | + | 1663 | |
| 3390 | + | (2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible | |
| 3391 | + | 1664 | |
| 3392 | + | personal property, a product, or a service that is subject to taxation under this | |
| 3393 | + | 1665 | |
| 3394 | + | chapter, and the sale, lease, or rental of tangible personal property, other property, | |
| 3395 | + | 1666 | |
| 3396 | + | a product, or a service that is not subject to taxation under this chapter, the entire | |
| 3397 | + | 1667 | |
| 3398 | + | transaction is subject to taxation under this chapter unless the seller, at the time of | |
| 3399 | + | 1668 | |
| 3400 | + | the transaction: | |
| 3401 | + | 1669 | |
| 3402 | + | (A) separately states the portion of the transaction that is not subject to taxation | |
| 3403 | + | 1670 | |
| 3404 | + | under this chapter on an invoice, bill of sale, or similar document provided to | |
| 3405 | + | 1671 | |
| 3406 | + | the purchaser; or | |
| 3407 | + | 1672 | |
| 3408 | + | (B) is able to identify by reasonable and verifiable standards, from the books and | |
| 3409 | + | 1673 | |
| 3410 | + | records the seller keeps in the seller's regular course of business, the portion of | |
| 3411 | + | 1674 | |
| 3412 | + | the transaction that is not subject to taxation under this chapter. | |
| 3413 | + | 1675 | |
| 3414 | + | (ii) A purchaser and a seller may correct the taxability of a transaction if: | |
| 3415 | + | 1676 | |
| 3416 | + | (A) after the transaction occurs, the purchaser and the seller discover that the | |
| 3417 | + | 1677 | |
| 3418 | + | portion of the transaction that is not subject to taxation under this chapter was | |
| 3419 | + | 1678 | |
| 3420 | + | not separately stated on an invoice, bill of sale, or similar document provided | |
| 3421 | + | 1679 | |
| 3422 | + | to the purchaser because of an error or ignorance of the law; and | |
| 3423 | + | 1680 | |
| 3424 | + | (B) the seller is able to identify by reasonable and verifiable standards, from the | |
| 3425 | + | 1681 | |
| 3426 | + | books and records the seller keeps in the seller's regular course of business, the | |
| 3427 | + | 1682 | |
| 3428 | + | portion of the transaction that is not subject to taxation under this chapter. | |
| 3429 | + | 1683 | |
| 3430 | + | (iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller | |
| 3431 | + | 1684 | |
| 3432 | + | keeps in the seller's regular course of business includes books and records the | |
| 3433 | + | 1685 | |
| 3434 | + | seller keeps in the regular course of business for nontax purposes. | |
| 3435 | + | 1686 | |
| 3436 | + | (h)(i) If the sales price of a transaction is attributable to two or more items of tangible | |
| 3437 | + | 1687 | |
| 3438 | + | personal property, products, or services that are subject to taxation under this | |
| 3439 | + | 1688 | |
| 3440 | + | chapter at different rates, the entire purchase is subject to taxation under this | |
| 3441 | + | 1689 | |
| 3442 | + | chapter at the higher tax rate unless the seller, at the time of the transaction: | |
| 3443 | + | 1690 | |
| 3444 | + | (A) separately states the items subject to taxation under this chapter at each of the | |
| 3445 | + | 1691 | |
| 3446 | + | different rates on an invoice, bill of sale, or similar document provided to the | |
| 3447 | + | 1692 | |
| 3448 | + | purchaser; or | |
| 3449 | + | 1693 | |
| 3450 | + | (B) is able to identify by reasonable and verifiable standards the tangible personal | |
| 3451 | + | 1694 | |
| 3452 | + | property, product, or service that is subject to taxation under this chapter at the | |
| 3453 | + | 1695 | |
| 3454 | + | lower tax rate from the books and records the seller keeps in the seller's regular | |
| 3455 | + | 1696 | |
| 3456 | + | course of business. | |
| 3457 | + | - 50 - 02-26 10:50 S.B. 337 | |
| 3458 | + | 1697 | |
| 3459 | + | (ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the | |
| 3460 | + | 1698 | |
| 3461 | + | seller's regular course of business includes books and records the seller keeps in | |
| 3462 | + | 1699 | |
| 3463 | + | the regular course of business for nontax purposes. | |
| 3464 | + | 1700 | |
| 3465 | + | (i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate | |
| 3466 | + | 1701 | |
| 3467 | + | imposed under the following shall take effect on the first day of a calendar quarter: | |
| 3468 | + | 1702 | |
| 3469 | + | (i) Subsection (2)(a)(i)(A); | |
| 3470 | + | 1703 | |
| 3471 | + | (ii) Subsection (2)(b)(i); | |
| 3472 | + | 1704 | |
| 3473 | + | (iii) Subsection (2)(c)(i); or | |
| 3474 | + | 1705 | |
| 3475 | + | (iv) Subsection (2)(f)(i)(A)(I). | |
| 3476 | + | 1706 | |
| 3477 | + | (j)(i) A tax rate increase takes effect on the first day of the first billing period that | |
| 3478 | + | 1707 | |
| 3479 | + | begins on or after the effective date of the tax rate increase if the billing period for | |
| 3480 | + | 1708 | |
| 3481 | + | the transaction begins before the effective date of a tax rate increase imposed | |
| 3482 | + | 1709 | |
| 3483 | + | under: | |
| 3484 | + | 1710 | |
| 3485 | + | (A) Subsection (2)(a)(i)(A); | |
| 3486 | + | 1711 | |
| 3487 | + | (B) Subsection (2)(b)(i); | |
| 3488 | + | 1712 | |
| 3489 | + | (C) Subsection (2)(c)(i); or | |
| 3490 | + | 1713 | |
| 3491 | + | (D) Subsection (2)(f)(i)(A)(I). | |
| 3492 | + | 1714 | |
| 3493 | + | (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing | |
| 3494 | + | 1715 | |
| 3495 | + | statement for the billing period is rendered on or after the effective date of the | |
| 3496 | + | 1716 | |
| 3497 | + | repeal of the tax or the tax rate decrease imposed under: | |
| 3498 | + | 1717 | |
| 3499 | + | (A) Subsection (2)(a)(i)(A); | |
| 3500 | + | 1718 | |
| 3501 | + | (B) Subsection (2)(b)(i); | |
| 3502 | + | 1719 | |
| 3503 | + | (C) Subsection (2)(c)(i); or | |
| 3504 | + | 1720 | |
| 3505 | + | (D) Subsection (2)(f)(i)(A)(I). | |
| 3506 | + | 1721 | |
| 3507 | + | (k)(i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale | |
| 3508 | + | 1722 | |
| 3509 | + | is computed on the basis of sales and use tax rates published in the catalogue, a | |
| 3510 | + | 1723 | |
| 3511 | + | tax rate repeal or change in a tax rate takes effect: | |
| 3512 | + | 1724 | |
| 3513 | + | (A) on the first day of a calendar quarter; and | |
| 3514 | + | 1725 | |
| 3515 | + | (B) beginning 60 days after the effective date of the tax rate repeal or tax rate | |
| 3516 | + | 1726 | |
| 3517 | + | change. | |
| 3518 | + | 1727 | |
| 3519 | + | (ii) Subsection (2)(k)(i) applies to the tax rates described in the following: | |
| 3520 | + | 1728 | |
| 3521 | + | (A) Subsection (2)(a)(i)(A); | |
| 3522 | + | 1729 | |
| 3523 | + | (B) Subsection (2)(b)(i); | |
| 3524 | + | 1730 | |
| 3525 | + | (C) Subsection (2)(c)(i); or | |
| 3526 | + | - 51 - S.B. 337 02-26 10:50 | |
| 3527 | + | 1731 | |
| 3528 | + | (D) Subsection (2)(f)(i)(A)(I). | |
| 3529 | + | 1732 | |
| 3530 | + | (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, | |
| 3531 | + | 1733 | |
| 3532 | + | the commission may by rule define the term "catalogue sale." | |
| 3533 | + | 1734 | |
| 3534 | + | (l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine | |
| 3535 | + | 1735 | |
| 3536 | + | the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel | |
| 3537 | + | 1736 | |
| 3538 | + | based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other | |
| 3539 | + | 1737 | |
| 3540 | + | fuel at the location. | |
| 3541 | + | 1738 | |
| 3542 | + | (ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil, | |
| 3543 | + | 1739 | |
| 3544 | + | or other fuel is furnished through a single meter for two or more of the following | |
| 3545 | + | 1740 | |
| 3546 | + | uses: | |
| 3547 | + | 1741 | |
| 3548 | + | (A) a commercial use; | |
| 3549 | + | 1742 | |
| 3550 | + | (B) an industrial use; or | |
| 3551 | + | 1743 | |
| 3552 | + | (C) a residential use. | |
| 3553 | + | 1744 | |
| 3554 | + | (3)(a) The following state taxes shall be deposited into the General Fund: | |
| 3555 | + | 1745 | |
| 3556 | + | (i) the tax imposed by Subsection (2)(a)(i)(A); | |
| 3557 | + | 1746 | |
| 3558 | + | (ii) the tax imposed by Subsection (2)(b)(i); | |
| 3559 | + | 1747 | |
| 3560 | + | (iii) the tax imposed by Subsection (2)(c)(i); and | |
| 3561 | + | 1748 | |
| 3562 | + | (iv) the tax imposed by Subsection (2)(f)(i)(A)(I). | |
| 3563 | + | 1749 | |
| 3564 | + | (b) The following local taxes shall be distributed to a county, city, or town as provided | |
| 3565 | + | 1750 | |
| 3566 | + | in this chapter: | |
| 3567 | + | 1751 | |
| 3568 | + | (i) the tax imposed by Subsection (2)(a)(ii); | |
| 3569 | + | 1752 | |
| 3570 | + | (ii) the tax imposed by Subsection (2)(b)(ii); | |
| 3571 | + | 1753 | |
| 3572 | + | (iii) the tax imposed by Subsection (2)(c)(ii); and | |
| 3573 | + | 1754 | |
| 3574 | + | (iv) the tax imposed by Subsection (2)(f)(i)(B). | |
| 3575 | + | 1755 | |
| 3576 | + | (c) The state tax imposed by Subsection (2)(d) shall be deposited into the General Fund. | |
| 3577 | + | 1756 | |
| 3578 | + | (4)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1, | |
| 3579 | + | 1757 | |
| 3580 | + | 2003, the lesser of the following amounts shall be expended as provided in | |
| 3581 | + | 1758 | |
| 3582 | + | Subsections (4)(b) through (g): | |
| 3583 | + | 1759 | |
| 3584 | + | (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated: | |
| 3585 | + | 1760 | |
| 3586 | + | (A) by a 1/16% tax rate on the transactions described in Subsection (1); and | |
| 3587 | + | 1761 | |
| 3588 | + | (B) for the fiscal year; or | |
| 3589 | + | 1762 | |
| 3590 | + | (ii) $17,500,000. | |
| 3591 | + | 1763 | |
| 3592 | + | (b)(i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount | |
| 3593 | + | 1764 | |
| 3594 | + | described in Subsection (4)(a) shall be transferred each year as designated sales | |
| 3595 | + | - 52 - 02-26 10:50 S.B. 337 | |
| 3596 | + | 1765 | |
| 3597 | + | and use tax revenue to the Division of Wildlife Resources to: | |
| 3598 | + | 1766 | |
| 3599 | + | (A) implement the measures described in Subsections 23A-3-214(3)(a) through (d) | |
| 3600 | + | 1767 | |
| 3601 | + | to protect sensitive plant and animal species; or | |
| 3602 | + | 1768 | |
| 3603 | + | (B) award grants, up to the amount authorized by the Legislature in an | |
| 3604 | + | 1769 | |
| 3605 | + | appropriations act, to political subdivisions of the state to implement the | |
| 3606 | + | 1770 | |
| 3607 | + | measures described in Subsections 23A-3-214(3)(a) through (d) to protect | |
| 3608 | + | 1771 | |
| 3609 | + | sensitive plant and animal species. | |
| 3610 | + | 1772 | |
| 3611 | + | (ii) Money transferred to the Division of Wildlife Resources under Subsection | |
| 3612 | + | 1773 | |
| 3613 | + | (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or | |
| 3614 | + | 1774 | |
| 3615 | + | any other person to list or attempt to have listed a species as threatened or | |
| 3616 | + | 1775 | |
| 3617 | + | endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et | |
| 3618 | + | 1776 | |
| 3619 | + | seq. | |
| 3620 | + | 1777 | |
| 3621 | + | (iii) At the end of each fiscal year: | |
| 3622 | + | 1778 | |
| 3623 | + | (A) 50% of any unexpended designated sales and use tax revenue shall lapse to | |
| 3624 | + | 1779 | |
| 3625 | + | the Water Resources Conservation and Development Fund created in Section | |
| 3626 | + | 1780 | |
| 3627 | + | 73-10-24; | |
| 3628 | + | 1781 | |
| 3629 | + | (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the | |
| 3630 | + | 1782 | |
| 3631 | + | Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and | |
| 3632 | + | 1783 | |
| 3633 | + | (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the | |
| 3634 | + | 1784 | |
| 3635 | + | Drinking Water Loan Program Subaccount created in Section 73-10c-5. | |
| 3636 | + | 1785 | |
| 3637 | + | (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in | |
| 3638 | + | 1786 | |
| 3639 | + | Subsection (4)(a) shall be deposited each year in the Agriculture Resource | |
| 3640 | + | 1787 | |
| 3641 | + | Development Fund created in Section 4-18-106. | |
| 3642 | + | 1788 | |
| 3643 | + | (d)(i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount | |
| 3644 | + | 1789 | |
| 3645 | + | described in Subsection (4)(a) shall be transferred each year as designated sales | |
| 3646 | + | 1790 | |
| 3647 | + | and use tax revenue to the Division of Water Rights to cover the costs incurred in | |
| 3648 | + | 1791 | |
| 3649 | + | hiring legal and technical staff for the adjudication of water rights. | |
| 3650 | + | 1792 | |
| 3651 | + | (ii) At the end of each fiscal year: | |
| 3652 | + | 1793 | |
| 3653 | + | (A) 50% of any unexpended designated sales and use tax revenue shall lapse to | |
| 3654 | + | 1794 | |
| 3655 | + | the Water Resources Conservation and Development Fund created in Section | |
| 3656 | + | 1795 | |
| 3657 | + | 73-10-24; | |
| 3658 | + | 1796 | |
| 3659 | + | (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the | |
| 3660 | + | 1797 | |
| 3661 | + | Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and | |
| 3662 | + | 1798 | |
| 3663 | + | (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the | |
| 3664 | + | - 53 - S.B. 337 02-26 10:50 | |
| 3665 | + | 1799 | |
| 3666 | + | Drinking Water Loan Program Subaccount created in Section 73-10c-5. | |
| 3667 | + | 1800 | |
| 3668 | + | (e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount | |
| 3669 | + | 1801 | |
| 3670 | + | described in Subsection (4)(a) shall be deposited into the Water Resources | |
| 3671 | + | 1802 | |
| 3672 | + | Conservation and Development Fund created in Section 73-10-24 for use by the | |
| 3673 | + | 1803 | |
| 3674 | + | Division of Water Resources. | |
| 3675 | + | 1804 | |
| 3676 | + | (ii) In addition to the uses allowed of the Water Resources Conservation and | |
| 3677 | + | 1805 | |
| 3678 | + | Development Fund under Section 73-10-24, the Water Resources Conservation | |
| 3679 | + | 1806 | |
| 3680 | + | and Development Fund may also be used to: | |
| 3681 | + | 1807 | |
| 3682 | + | (A) conduct hydrologic and geotechnical investigations by the Division of Water | |
| 3683 | + | 1808 | |
| 3684 | + | Resources in a cooperative effort with other state, federal, or local entities, for | |
| 3685 | + | 1809 | |
| 3686 | + | the purpose of quantifying surface and ground water resources and describing | |
| 3687 | + | 1810 | |
| 3688 | + | the hydrologic systems of an area in sufficient detail so as to enable local and | |
| 3689 | + | 1811 | |
| 3690 | + | state resource managers to plan for and accommodate growth in water use | |
| 3691 | + | 1812 | |
| 3692 | + | without jeopardizing the resource; | |
| 3693 | + | 1813 | |
| 3694 | + | (B) fund state required dam safety improvements; and | |
| 3695 | + | 1814 | |
| 3696 | + | (C) protect the state's interest in interstate water compact allocations, including the | |
| 3697 | + | 1815 | |
| 3698 | + | hiring of technical and legal staff. | |
| 3699 | + | 1816 | |
| 3700 | + | (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described in | |
| 3701 | + | 1817 | |
| 3702 | + | Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program | |
| 3703 | + | 1818 | |
| 3704 | + | Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund | |
| 3705 | + | 1819 | |
| 3706 | + | wastewater projects. | |
| 3707 | + | 1820 | |
| 3708 | + | (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described | |
| 3709 | + | 1821 | |
| 3710 | + | in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program | |
| 3711 | + | 1822 | |
| 3712 | + | Subaccount created in Section 73-10c-5 for use by the Division of Drinking Water to: | |
| 3713 | + | 1823 | |
| 3714 | + | (i) provide for the installation and repair of collection, treatment, storage, and | |
| 3715 | + | 1824 | |
| 3716 | + | distribution facilities for any public water system, as defined in Section 19-4-102; | |
| 3717 | + | 1825 | |
| 3718 | + | (ii) develop underground sources of water, including springs and wells; and | |
| 3719 | + | 1826 | |
| 3720 | + | (iii) develop surface water sources. | |
| 3721 | + | 1827 | |
| 3722 | + | (5)(a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1, | |
| 3723 | + | 1828 | |
| 3724 | + | 2006, the difference between the following amounts shall be expended as provided in | |
| 3725 | + | 1829 | |
| 3726 | + | this Subsection (5), if that difference is greater than $1: | |
| 3727 | + | 1830 | |
| 3728 | + | (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for | |
| 3729 | + | 1831 | |
| 3730 | + | the fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); | |
| 3731 | + | 1832 | |
| 3732 | + | and | |
| 3733 | + | - 54 - 02-26 10:50 S.B. 337 | |
| 3734 | + | 1833 | |
| 3735 | + | (ii) $17,500,000. | |
| 3736 | + | 1834 | |
| 3737 | + | (b)(i) The first $500,000 of the difference described in Subsection (5)(a) shall be: | |
| 3738 | + | 1835 | |
| 3739 | + | (A) transferred each fiscal year to the Department of Natural Resources as | |
| 3740 | + | 1836 | |
| 3741 | + | designated sales and use tax revenue; and | |
| 3742 | + | 1837 | |
| 3743 | + | (B) expended by the Department of Natural Resources for watershed rehabilitation | |
| 3744 | + | 1838 | |
| 3745 | + | or restoration. | |
| 3746 | + | 1839 | |
| 3747 | + | (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use | |
| 3748 | + | 1840 | |
| 3749 | + | tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources | |
| 3750 | + | 1841 | |
| 3751 | + | Conservation and Development Fund created in Section 73-10-24. | |
| 3752 | + | 1842 | |
| 3753 | + | (c)(i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the | |
| 3754 | + | 1843 | |
| 3755 | + | remaining difference described in Subsection (5)(a) shall be: | |
| 3756 | + | 1844 | |
| 3757 | + | (A) transferred each fiscal year to the Division of Water Resources as designated | |
| 3758 | + | 1845 | |
| 3759 | + | sales and use tax revenue; and | |
| 3760 | + | 1846 | |
| 3761 | + | (B) expended by the Division of Water Resources for cloud-seeding projects | |
| 3762 | + | 1847 | |
| 3763 | + | authorized by Title 73, Chapter 15, Modification of Weather. | |
| 3764 | + | 1848 | |
| 3765 | + | (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use | |
| 3766 | + | 1849 | |
| 3767 | + | tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources | |
| 3768 | + | 1850 | |
| 3769 | + | Conservation and Development Fund created in Section 73-10-24. | |
| 3770 | + | 1851 | |
| 3771 | + | (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the | |
| 3772 | + | 1852 | |
| 3773 | + | remaining difference described in Subsection (5)(a) shall be deposited into the Water | |
| 3774 | + | 1853 | |
| 3775 | + | Resources Conservation and Development Fund created in Section 73-10-24 for use | |
| 3776 | + | 1854 | |
| 3777 | + | by the Division of Water Resources for: | |
| 3778 | + | 1855 | |
| 3779 | + | (i) preconstruction costs: | |
| 3780 | + | 1856 | |
| 3781 | + | (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, | |
| 3782 | + | 1857 | |
| 3783 | + | Chapter 26, Bear River Development Act; and | |
| 3784 | + | 1858 | |
| 3785 | + | (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project | |
| 3786 | + | 1859 | |
| 3787 | + | authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; | |
| 3788 | + | 1860 | |
| 3789 | + | (ii) the cost of employing a civil engineer to oversee any project authorized by Title | |
| 3790 | + | 1861 | |
| 3791 | + | 73, Chapter 26, Bear River Development Act; | |
| 3792 | + | 1862 | |
| 3793 | + | (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline | |
| 3794 | + | 1863 | |
| 3795 | + | project authorized by Title 73, Chapter 28, Lake Powell Pipeline Development | |
| 3796 | + | 1864 | |
| 3797 | + | Act; and | |
| 3798 | + | 1865 | |
| 3799 | + | (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and | |
| 3800 | + | 1866 | |
| 3801 | + | Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) | |
| 3802 | + | - 55 - S.B. 337 02-26 10:50 | |
| 3803 | + | 1867 | |
| 3804 | + | through (iii). | |
| 3805 | + | 1868 | |
| 3806 | + | (e) After making the transfers required by Subsections (5)(b) and (c), 15% of the | |
| 3807 | + | 1869 | |
| 3808 | + | remaining difference described in Subsection (5)(a) shall be deposited each year into | |
| 3809 | + | 1870 | |
| 3810 | + | the Water Rights Restricted Account created by Section 73-2-1.6. | |
| 3811 | + | 1871 | |
| 3812 | + | (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), each | |
| 3813 | + | 1872 | |
| 3814 | + | fiscal year, the commission shall deposit into the Water Infrastructure Restricted | |
| 3815 | + | 1873 | |
| 3816 | + | Account created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax | |
| 3817 | + | 1874 | |
| 3818 | + | rate on the transactions described in Subsection (1) for the fiscal year. | |
| 3819 | + | 1875 | |
| 3820 | + | (7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d), | |
| 3821 | + | 1876 | |
| 3822 | + | for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into | |
| 3823 | + | 1877 | |
| 3824 | + | the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of | |
| 3825 | + | 1878 | |
| 3826 | + | the taxes listed under Subsection (3)(a) equal to 17% of the revenue collected from | |
| 3827 | + | 1879 | |
| 3828 | + | the following sales and use taxes: | |
| 3829 | + | 1880 | |
| 3830 | + | (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate; | |
| 3831 | + | 1881 | |
| 3832 | + | (ii) the tax imposed by Subsection (2)(b)(i); | |
| 3833 | + | 1882 | |
| 3834 | + | (iii) the tax imposed by Subsection (2)(c)(i); and | |
| 3835 | + | 1883 | |
| 3836 | + | (iv) the tax imposed by Subsection (2)(f)(i)(A)(I). | |
| 3837 | + | 1884 | |
| 3838 | + | (b)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall | |
| 3839 | + | 1885 | |
| 3840 | + | annually reduce the deposit under Subsection (7)(a) into the Transportation | |
| 3841 | + | 1886 | |
| 3842 | + | Investment Fund of 2005 by an amount equal to .44% of the revenue collected | |
| 3843 | + | 1887 | |
| 3844 | + | from the following sales and use taxes: | |
| 3845 | + | 1888 | |
| 3846 | + | (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate; | |
| 3847 | + | 1889 | |
| 3848 | + | (B) the tax imposed by Subsection (2)(b)(i); | |
| 3849 | + | 1890 | |
| 3850 | + | (C) the tax imposed by Subsection (2)(c)(i); and | |
| 3851 | + | 1891 | |
| 3852 | + | (D) the tax imposed by Subsection (2)(f)(i)(A)(I). | |
| 3853 | + | 1892 | |
| 3854 | + | (ii) The commission shall annually deposit the amount described in Subsection | |
| 3855 | + | 1893 | |
| 3856 | + | (7)(b)(i) into the Cottonwood Canyons Transportation Investment Fund created in | |
| 3857 | + | 1894 | |
| 3858 | + | Section 72-2-124. | |
| 3859 | + | 1895 | |
| 3860 | + | (c)(i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1, | |
| 3861 | + | 1896 | |
| 3862 | + | 2023, the commission shall annually reduce the deposit into the Transportation | |
| 3863 | + | 1897 | |
| 3864 | + | Investment Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is | |
| 3865 | + | 1898 | |
| 3866 | + | equal to 5% of: | |
| 3867 | + | 1899 | |
| 3868 | + | (A) the amount of revenue generated in the current fiscal year by the portion of | |
| 3869 | + | 1900 | |
| 3870 | + | taxes listed under Subsection (3)(a) that equals 20.68% of the revenue | |
| 3871 | + | - 56 - 02-26 10:50 S.B. 337 | |
| 3872 | + | 1901 | |
| 3873 | + | collected from taxes described in Subsections (7)(a)(i) through (iv); | |
| 3874 | + | 1902 | |
| 3875 | + | (B) the amount of revenue generated in the current fiscal year by registration fees | |
| 3876 | + | 1903 | |
| 3877 | + | designated under Section 41-1a-1201 to be deposited into the Transportation | |
| 3878 | + | 1904 | |
| 3879 | + | Investment Fund of 2005; and | |
| 3880 | + | 1905 | |
| 3881 | + | (C) revenue transferred by the Division of Finance to the Transportation | |
| 3882 | + | 1906 | |
| 3883 | + | Investment Fund of 2005 in accordance with Section 72-2-106 in the current | |
| 3884 | + | 1907 | |
| 3885 | + | fiscal year. | |
| 3886 | + | 1908 | |
| 3887 | + | (ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a | |
| 3888 | + | 1909 | |
| 3889 | + | given fiscal year. | |
| 3890 | + | 1910 | |
| 3891 | + | (iii) The commission shall annually deposit the amount described in Subsection | |
| 3892 | + | 1911 | |
| 3893 | + | (7)(c)(i) into the Active Transportation Investment Fund created in Subsection | |
| 3894 | + | 1912 | |
| 3895 | + | 72-2-124(11). | |
| 3896 | + | 1913 | |
| 3897 | + | (d)(i) For a fiscal year beginning on or after July 1, 2024, the commission shall | |
| 3898 | + | 1914 | |
| 3899 | + | annually reduce the deposit into the Transportation Investment Fund of 2005 | |
| 3900 | + | 1915 | |
| 3901 | + | under this Subsection (7) by an amount that is equal to 1% of the revenue | |
| 3902 | + | 1916 | |
| 3903 | + | collected from the following sales and use taxes: | |
| 3904 | + | 1917 | |
| 3905 | + | (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate; | |
| 3906 | + | 1918 | |
| 3907 | + | (B) the tax imposed by Subsection (2)(b)(i); | |
| 3908 | + | 1919 | |
| 3909 | + | (C) the tax imposed by Subsection (2)(c)(i); and | |
| 3910 | + | 1920 | |
| 3911 | + | (D) the tax imposed by Subsection (2)(f)(i)(A)(I). | |
| 3912 | + | 1921 | |
| 3913 | + | (ii) The commission shall annually deposit the amount described in Subsection | |
| 3914 | + | 1922 | |
| 3915 | + | (7)(d)(i) into the Commuter Rail Subaccount created in Section 72-2-124. | |
| 3916 | + | 1923 | |
| 3917 | + | (8)(a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under | |
| 3918 | + | 1924 | |
| 3919 | + | Subsection (7), and subject to [Subsections] Subsection (8)(b)[ and (d)(ii)], for a fiscal | |
| 3920 | + | 1925 | |
| 3921 | + | year beginning on or after July 1, 2018, the commission shall annually deposit into | |
| 3922 | + | 1926 | |
| 3923 | + | the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of | |
| 3924 | + | 1927 | |
| 3925 | + | the taxes listed under Subsection (3)(a) in an amount equal to 3.68% of the revenue | |
| 3926 | + | 1928 | |
| 3927 | + | collected from the following taxes: | |
| 3928 | + | 1929 | |
| 3929 | + | (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate; | |
| 3930 | + | 1930 | |
| 3931 | + | (ii) the tax imposed by Subsection (2)(b)(i); | |
| 3932 | + | 1931 | |
| 3933 | + | (iii) the tax imposed by Subsection (2)(c)(i); and | |
| 3934 | + | 1932 | |
| 3935 | + | (iv) the tax imposed by Subsection (2)(f)(i)(A)(I). | |
| 3936 | + | 1933 | |
| 3937 | + | (b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually | |
| 3938 | + | 1934 | |
| 3939 | + | reduce the deposit into the Transportation Investment Fund of 2005 under Subsection | |
| 3940 | + | - 57 - S.B. 337 02-26 10:50 | |
| 3941 | + | 1935 | |
| 3942 | + | (8)(a) by an amount that is equal to 35% of the amount of revenue generated in the | |
| 3943 | + | 1936 | |
| 3944 | + | current fiscal year by the portion of the tax imposed on motor and special fuel that is | |
| 3945 | + | 1937 | |
| 3946 | + | sold, used, or received for sale or use in this state that exceeds 29.4 cents per gallon. | |
| 3947 | + | 1938 | |
| 3948 | + | (c) The commission shall annually deposit the amount described in Subsection (8)(b) | |
| 3949 | + | 1939 | |
| 3950 | + | into the Transit Transportation Investment Fund created in Section 72-2-124. | |
| 3951 | + | 1940 | |
| 3952 | + | (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year | |
| 3953 | + | 1941 | |
| 3954 | + | 2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies | |
| 3955 | + | 1942 | |
| 3956 | + | Fund created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009. | |
| 3957 | + | 1943 | |
| 3958 | + | (10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal | |
| 3959 | + | 1944 | |
| 3960 | + | year during which the commission receives notice under Section 63N-2-510 that | |
| 3961 | + | 1945 | |
| 3962 | + | construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the | |
| 3963 | + | 1946 | |
| 3964 | + | commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the | |
| 3965 | + | 1947 | |
| 3966 | + | revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact | |
| 3967 | + | 1948 | |
| 3968 | + | Mitigation Fund, created in Section 63N-2-512. | |
| 3969 | + | 1949 | |
| 3970 | + | (11)(a) The rate specified in this subsection is 0.15%. | |
| 3971 | + | 1950 | |
| 3972 | + | (b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning | |
| 3973 | + | 1951 | |
| 3974 | + | on or after July 1, 2019, annually transfer the amount of revenue collected from the | |
| 3975 | + | 1952 | |
| 3976 | + | rate described in Subsection (11)(a) on the transactions that are subject to the sales | |
| 3977 | + | 1953 | |
| 3978 | + | and use tax under Subsection (2)(a)(i)(A) into the Medicaid ACA Fund created in | |
| 3979 | + | 1954 | |
| 3980 | + | Section 26B-1-315. | |
| 3981 | + | 1955 | |
| 3982 | + | (12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year | |
| 3983 | + | 1956 | |
| 3984 | + | 2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated | |
| 3985 | + | 1957 | |
| 3986 | + | credit solely for use of the Search and Rescue Financial Assistance Program created in, | |
| 3987 | + | 1958 | |
| 3988 | + | and expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act. | |
| 3989 | + | 1959 | |
| 3990 | + | (13)(a) For each fiscal year beginning with fiscal year 2020-21, the commission shall | |
| 3991 | + | 1960 | |
| 3992 | + | annually transfer $1,813,400 of the revenue deposited into the Transportation | |
| 3993 | + | 1961 | |
| 3994 | + | Investment Fund of 2005 under Subsections (7) and (8) to the General Fund. | |
| 3995 | + | 1962 | |
| 3996 | + | (b) If the total revenue deposited into the Transportation Investment Fund of 2005 under | |
| 3997 | + | 1963 | |
| 3998 | + | Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall | |
| 3999 | + | 1964 | |
| 4000 | + | transfer the total revenue deposited into the Transportation Investment Fund of 2005 | |
| 4001 | + | 1965 | |
| 4002 | + | under Subsections (7) and (8) during the fiscal year to the General Fund. | |
| 4003 | + | 1966 | |
| 4004 | + | (14) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610, beginning | |
| 4005 | + | 1967 | |
| 4006 | + | the first day of the calendar quarter one year after the sales and use tax boundary for a | |
| 4007 | + | 1968 | |
| 4008 | + | housing and transit reinvestment zone is established, the commission, at least annually, | |
| 4009 | + | - 58 - 02-26 10:50 S.B. 337 | |
| 4010 | + | 1969 | |
| 4011 | + | shall transfer an amount equal to 15% of the sales and use tax increment within an | |
| 4012 | + | 1970 | |
| 4013 | + | established sales and use tax boundary, as defined in Section 63N-3-602, into the Transit | |
| 4014 | + | 1971 | |
| 4015 | + | Transportation Investment Fund created in Section 72-2-124. | |
| 4016 | + | 1972 | |
| 4017 | + | (15) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year beginning | |
| 4018 | + | 1973 | |
| 4019 | + | on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure Restricted | |
| 4020 | + | 1974 | |
| 4021 | + | Account, created in Section 51-9-902, a portion of the taxes listed under Subsection | |
| 4022 | + | 1975 | |
| 4023 | + | (3)(a) equal to 1% of the revenue collected from the following sales and use taxes: | |
| 4024 | + | 1976 | |
| 4025 | + | (a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate; | |
| 4026 | + | 1977 | |
| 4027 | + | (b) the tax imposed by Subsection (2)(b)(i); | |
| 4028 | + | 1978 | |
| 4029 | + | (c) the tax imposed by Subsection (2)(c)(i); and | |
| 4030 | + | 1979 | |
| 4031 | + | (d) the tax imposed by Subsection (2)(f)(i)(A)(I). | |
| 4032 | + | 1980 | |
| 4033 | + | (16) Notwithstanding Subsection (3)(a), beginning October 1, 2024 the commission shall | |
| 4034 | + | 1981 | |
| 4035 | + | transfer to the Utah Fairpark Area Investment and Restoration District, created in | |
| 4036 | + | 1982 | |
| 4037 | + | Section 11-70-201, the revenue from the sales and use tax imposed by Subsection | |
| 4038 | + | 1983 | |
| 4039 | + | (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as | |
| 4040 | + | 1984 | |
| 4041 | + | defined in Section 11-70-101. | |
| 4042 | + | 1985 | |
| 4043 | + | (17) Notwithstanding Subsection (3)(a) and except as provided in Subsections (19) and (20), | |
| 4044 | + | 1986 | |
| 4045 | + | the commission shall transfer to the Beehive Development Agency: | |
| 4046 | + | 1987 | |
| 4047 | + | (a) for the first 25 years following the adoption of a project area, 75% of the revenue | |
| 4048 | + | 1988 | |
| 4049 | + | from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on | |
| 4050 | + | 1989 | |
| 4051 | + | transactions occurring within the sales and use tax boundary, as defined in Section | |
| 4052 | + | 1990 | |
| 4053 | + | 11-71-101, for the project area; and | |
| 4054 | + | 1991 | |
| 4055 | + | (b) for 15 years following the time period described in Subsection (17)(a), if approved | |
| 4056 | + | 1992 | |
| 4057 | + | by the Beehive Development Agency board established in Section 11-71-302, 50% of | |
| 4058 | + | 1993 | |
| 4059 | + | the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% | |
| 4060 | + | 1994 | |
| 4061 | + | rate, on transactions occurring within the sales and use tax boundary for a project | |
| 4062 | + | 1995 | |
| 4063 | + | area. | |
| 4064 | + | 1996 | |
| 4065 | + | [(17)] (18)(a) As used in this Subsection [(17)] (18): | |
| 4066 | + | 1997 | |
| 4067 | + | (i) "Additional land" means point of the mountain state land described in Subsection | |
| 4068 | + | 1998 | |
| 4069 | + | 11-59-102(6)(b) that the point of the mountain authority acquires after the point of | |
| 4070 | + | 1999 | |
| 4071 | + | the mountain authority provides the commission a map under Subsection [(17)(c)] | |
| 4072 | + | 2000 | |
| 4073 | + | (18)(c). | |
| 4074 | + | 2001 | |
| 4075 | + | (ii) "Point of the mountain authority" means the Point of the Mountain State Land | |
| 4076 | + | 2002 | |
| 4077 | + | Authority, created in Section 11-59-201. | |
| 4078 | + | - 59 - S.B. 337 02-26 10:50 | |
| 4079 | + | 2003 | |
| 4080 | + | (iii) "Point of the mountain state land" means the same as that term is defined in | |
| 4081 | + | 2004 | |
| 4082 | + | Section 11-59-102. | |
| 4083 | + | 2005 | |
| 4084 | + | (b) Notwithstanding Subsection (3)(a), the commission shall distribute to the point of the | |
| 4085 | + | 2006 | |
| 4086 | + | mountain authority 50% of the revenue from the sales and use tax imposed by | |
| 4087 | + | 2007 | |
| 4088 | + | Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring on the point of the | |
| 4089 | + | 2008 | |
| 4090 | + | mountain state land. | |
| 4091 | + | 2009 | |
| 4092 | + | (c) The distribution under Subsection [(17)(b)] (18)(b) shall begin the next calendar | |
| 4093 | + | 2010 | |
| 4094 | + | quarter that begins at least 90 days after the point of the mountain authority provides | |
| 4095 | + | 2011 | |
| 4096 | + | the commission a map that: | |
| 4097 | + | 2012 | |
| 4098 | + | (i) accurately describes the point of the mountain state land; and | |
| 4099 | + | 2013 | |
| 4100 | + | (ii) the point of the mountain authority certifies as accurate. | |
| 4101 | + | 2014 | |
| 4102 | + | (d) A distribution under Subsection [(17)(b)] (18)(b) with respect to additional land shall | |
| 4103 | + | 2015 | |
| 4104 | + | begin the next calendar quarter that begins at least 90 days after the point of the | |
| 4105 | + | 2016 | |
| 4106 | + | mountain authority provides the commission a map of point of the mountain state | |
| 4107 | + | 2017 | |
| 4108 | + | land that: | |
| 4109 | + | 2018 | |
| 4110 | + | (i) accurately describes the point of the mountain state land, including the additional | |
| 4111 | + | 2019 | |
| 4112 | + | land; and | |
| 4113 | + | 2020 | |
| 4114 | + | (ii) the point of the mountain authority certifies as accurate. | |
| 4115 | + | 2021 | |
| 4116 | + | (e)(i) Upon the payment in full of bonds secured by the sales and use tax revenue | |
| 4117 | + | 2022 | |
| 4118 | + | distributed to the point of the mountain authority under Subsection [(17)(b)] (18)(b), | |
| 4119 | + | 2023 | |
| 4120 | + | the point of the mountain authority shall immediately notify the commission in | |
| 4121 | + | 2024 | |
| 4122 | + | writing that the bonds are paid in full. | |
| 4123 | + | 2025 | |
| 4124 | + | (ii) The commission shall discontinue distributions of sales and use tax revenue under | |
| 4125 | + | 2026 | |
| 4126 | + | Subsection [(17)(b)] (18)(b) at the beginning of the calendar quarter that begins at | |
| 4127 | + | 2027 | |
| 4128 | + | least 90 days after the date that the commission receives the written notice under | |
| 4129 | + | 2028 | |
| 4130 | + | Subsection [(17)(e)(i)] (18)(c)(i). | |
| 4131 | + | 2029 | |
| 4132 | + | (19)(a) As used in this Subsection (19): | |
| 4133 | + | 2030 | |
| 4134 | + | (i) "Applicable percentage" means, for a project area established under Title 11, | |
| 4135 | + | 2031 | |
| 4136 | + | Chapter 71, Beehive Development Agency Act, 15% of the revenue from the sales | |
| 4137 | + | 2032 | |
| 4138 | + | and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring | |
| 4139 | + | 2033 | |
| 4140 | + | within the qualified development zone described in Subsection (19)(a)(ii)(A). | |
| 4141 | + | 2034 | |
| 4142 | + | (ii) "Qualified development zone" means the sales and use tax boundary of a project | |
| 4143 | + | 2035 | |
| 4144 | + | area established under Title 11, Chapter 71, Beehive Development Agency Act. | |
| 4145 | + | 2036 | |
| 4146 | + | (iii) "Qualifying construction materials" means construction materials that are: | |
| 4147 | + | - 60 - 02-26 10:50 S.B. 337 | |
| 4148 | + | 2037 | |
| 4149 | + | (A) delivered to a delivery outlet within a qualified development zone; and | |
| 4150 | + | 2038 | |
| 4151 | + | (B) intended to be permanently attached to real property within the qualified | |
| 4152 | + | 2039 | |
| 4153 | + | development zone. | |
| 4154 | + | 2040 | |
| 4155 | + | (b) For a sale of qualifying construction materials, the commission shall distribute the | |
| 4156 | + | 2041 | |
| 4157 | + | product calculated in Subsection (19)(c) to the Beehive Development Agency if the | |
| 4158 | + | 2042 | |
| 4159 | + | seller of the construction materials: | |
| 4160 | + | 2043 | |
| 4161 | + | (i) establishes a delivery outlet with the commission within the qualified development | |
| 4162 | + | 2044 | |
| 4163 | + | zone; | |
| 4164 | + | 2045 | |
| 4165 | + | (ii) reports the sales of the construction materials to the delivery outlet described in | |
| 4166 | + | 2046 | |
| 4167 | + | Subsection (19)(b)(i); and | |
| 4168 | + | 2047 | |
| 4169 | + | (iii) does not report the sales of the construction materials on a simplified electronic | |
| 4170 | + | 2048 | |
| 4171 | + | return. | |
| 4172 | + | 2049 | |
| 4173 | + | (c) For the purposes of Subsection (19)(b), the product is equal to: | |
| 4174 | + | 2050 | |
| 4175 | + | (i) the sales price or purchase price of the qualifying construction materials; and | |
| 4176 | + | 2051 | |
| 4177 | + | (ii) the applicable percentage. | |
| 4178 | + | 2052 | |
| 4179 | + | (d) If an amount of revenue is distributed pertaining to a qualified construction material | |
| 4180 | + | 2053 | |
| 4181 | + | transaction pursuant to Subsection (19)(b), the distribution under Subsection (17) is | |
| 4182 | + | 2054 | |
| 4183 | + | satisfied for that transaction. | |
| 4184 | + | 2055 | |
| 4185 | + | (20)(a) As used in this Subsection (20): | |
| 4186 | + | 2056 | |
| 4187 | + | (i) "Qualified development zone" means the same as that term is defined in | |
| 4188 | + | 2057 | |
| 4189 | + | Subsection (19). | |
| 4190 | + | 2058 | |
| 4191 | + | (ii) "Schedule J sale" means a sale reported on State Tax Commission Form TC-62M, | |
| 4192 | + | 2059 | |
| 4193 | + | Schedule J or a substantially similar form as designated by the commission. | |
| 4194 | + | 2060 | |
| 4195 | + | (b) Revenue generated by a Schedule J sale within a qualified development zone shall be | |
| 4196 | + | 2061 | |
| 4197 | + | distributed into the General Fund. | |
| 4198 | + | 2062 | |
| 4199 | + | Section 43. Section 59-12-104 is amended to read: | |
| 4200 | + | 2063 | |
| 4201 | + | 59-12-104 (Effective 01/01/26). Exemptions. | |
| 4202 | + | 2064 | |
| 4203 | + | Exemptions from the taxes imposed by this chapter are as follows: | |
| 4204 | + | 2065 | |
| 4205 | + | (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax | |
| 4206 | + | 2066 | |
| 4207 | + | under Chapter 13, Motor and Special Fuel Tax Act; | |
| 4208 | + | 2067 | |
| 4209 | + | (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political | |
| 4210 | + | 2068 | |
| 4211 | + | subdivisions; however, this exemption does not apply to sales of: | |
| 4212 | + | 2069 | |
| 4213 | + | (a) construction materials except: | |
| 4214 | + | 2070 | |
| 4215 | + | (i) construction materials purchased by or on behalf of institutions of the public | |
| 4216 | + | - 61 - S.B. 337 02-26 10:50 | |
| 4217 | + | 2071 | |
| 4218 | + | education system as defined in Utah Constitution, Article X, Section 2, provided | |
| 4219 | + | 2072 | |
| 4220 | + | the construction materials are clearly identified and segregated and installed or | |
| 4221 | + | 2073 | |
| 4222 | + | converted to real property which is owned by institutions of the public education | |
| 4223 | + | 2074 | |
| 4224 | + | system; and | |
| 4225 | + | 2075 | |
| 4226 | + | (ii) construction materials purchased by the state, its institutions, or its political | |
| 4227 | + | 2076 | |
| 4228 | + | subdivisions which are installed or converted to real property by employees of the | |
| 4229 | + | 2077 | |
| 4230 | + | state, its institutions, or its political subdivisions; or | |
| 4231 | + | 2078 | |
| 4232 | + | (b) tangible personal property in connection with the construction, operation, | |
| 4233 | + | 2079 | |
| 4234 | + | maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or | |
| 4235 | + | 2080 | |
| 4236 | + | facilities providing additional project capacity, as defined in Section 11-13-103; | |
| 4237 | + | 2081 | |
| 4238 | + | (3)(a) sales of an item described in Subsection (3)(b) from a vending machine if: | |
| 4239 | + | 2082 | |
| 4240 | + | (i) the proceeds of each sale do not exceed $1; and | |
| 4241 | + | 2083 | |
| 4242 | + | (ii) the seller or operator of the vending machine reports an amount equal to 150% of | |
| 4243 | + | 2084 | |
| 4244 | + | the cost of the item described in Subsection (3)(b) as goods consumed; and | |
| 4245 | + | 2085 | |
| 4246 | + | (b) Subsection (3)(a) applies to: | |
| 4247 | + | 2086 | |
| 4248 | + | (i) food and food ingredients; or | |
| 4249 | + | 2087 | |
| 4250 | + | (ii) prepared food; | |
| 4251 | + | 2088 | |
| 4252 | + | (4)(a) sales of the following to a commercial airline carrier for in-flight consumption: | |
| 4253 | + | 2089 | |
| 4254 | + | (i) alcoholic beverages; | |
| 4255 | + | 2090 | |
| 4256 | + | (ii) food and food ingredients; or | |
| 4257 | + | 2091 | |
| 4258 | + | (iii) prepared food; | |
| 4259 | + | 2092 | |
| 4260 | + | (b) sales of tangible personal property or a product transferred electronically: | |
| 4261 | + | 2093 | |
| 4262 | + | (i) to a passenger; | |
| 4263 | + | 2094 | |
| 4264 | + | (ii) by a commercial airline carrier; and | |
| 4265 | + | 2095 | |
| 4266 | + | (iii) during a flight for in-flight consumption or in-flight use by the passenger; or | |
| 4267 | + | 2096 | |
| 4268 | + | (c) services related to Subsection (4)(a) or (b); | |
| 4269 | + | 2097 | |
| 4270 | + | (5) sales of parts and equipment for installation in an aircraft operated by a common carrier | |
| 4271 | + | 2098 | |
| 4272 | + | in interstate or foreign commerce; | |
| 4273 | + | 2099 | |
| 4274 | + | (6) sales of commercials, motion picture films, prerecorded audio program tapes or records, | |
| 4275 | + | 2100 | |
| 4276 | + | and prerecorded video tapes by a producer, distributor, or studio to a motion picture | |
| 4277 | + | 2101 | |
| 4278 | + | exhibitor, distributor, or commercial television or radio broadcaster; | |
| 4279 | + | 2102 | |
| 4280 | + | (7)(a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of | |
| 4281 | + | 2103 | |
| 4282 | + | cleaning or washing of tangible personal property if the cleaning or washing of the | |
| 4283 | + | 2104 | |
| 4284 | + | tangible personal property is not assisted cleaning or washing of tangible personal | |
| 4285 | + | - 62 - 02-26 10:50 S.B. 337 | |
| 4286 | + | 2105 | |
| 4287 | + | property; | |
| 4288 | + | 2106 | |
| 4289 | + | (b) if a seller that sells at the same business location assisted cleaning or washing of | |
| 4290 | + | 2107 | |
| 4291 | + | tangible personal property and cleaning or washing of tangible personal property that | |
| 4292 | + | 2108 | |
| 4293 | + | is not assisted cleaning or washing of tangible personal property, the exemption | |
| 4294 | + | 2109 | |
| 4295 | + | described in Subsection (7)(a) applies if the seller separately accounts for the sales of | |
| 4296 | + | 2110 | |
| 4297 | + | the assisted cleaning or washing of the tangible personal property; and | |
| 4298 | + | 2111 | |
| 4299 | + | (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3, Utah | |
| 4300 | + | 2112 | |
| 4301 | + | Administrative Rulemaking Act, the commission may make rules: | |
| 4302 | + | 2113 | |
| 4303 | + | (i) governing the circumstances under which sales are at the same business location; | |
| 4304 | + | 2114 | |
| 4305 | + | and | |
| 4306 | + | 2115 | |
| 4307 | + | (ii) establishing the procedures and requirements for a seller to separately account for | |
| 4308 | + | 2116 | |
| 4309 | + | sales of assisted cleaning or washing of tangible personal property; | |
| 4310 | + | 2117 | |
| 4311 | + | (8) sales made to or by religious or charitable institutions in the conduct of their regular | |
| 4312 | + | 2118 | |
| 4313 | + | religious or charitable functions and activities, if the requirements of Section 59-12-104.1 | |
| 4314 | + | 2119 | |
| 4315 | + | are fulfilled; | |
| 4316 | + | 2120 | |
| 4317 | + | (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of this | |
| 4318 | + | 2121 | |
| 4319 | + | state if: | |
| 4320 | + | 2122 | |
| 4321 | + | (a) the sale is not from the vehicle's lessor to the vehicle's lessee; | |
| 4322 | + | 2123 | |
| 4323 | + | (b) the vehicle is not registered in this state; and | |
| 4324 | + | 2124 | |
| 4325 | + | (c)(i) the vehicle is not used in this state; or | |
| 4326 | + | 2125 | |
| 4327 | + | (ii) the vehicle is used in this state: | |
| 4328 | + | 2126 | |
| 4329 | + | (A) if the vehicle is not used to conduct business, for a time period that does not | |
| 4330 | + | 2127 | |
| 4331 | + | exceed the longer of: | |
| 4332 | + | 2128 | |
| 4333 | + | (I) 30 days in any calendar year; or | |
| 4334 | + | 2129 | |
| 4335 | + | (II) the time period necessary to transport the vehicle to the borders of this | |
| 4336 | + | 2130 | |
| 4337 | + | state; or | |
| 4338 | + | 2131 | |
| 4339 | + | (B) if the vehicle is used to conduct business, for the time period necessary to | |
| 4340 | + | 2132 | |
| 4341 | + | transport the vehicle to the borders of this state; | |
| 4342 | + | 2133 | |
| 4343 | + | (10)(a) amounts paid for an item described in Subsection (10)(b) if: | |
| 4344 | + | 2134 | |
| 4345 | + | (i) the item is intended for human use; and | |
| 4346 | + | 2135 | |
| 4347 | + | (ii)(A) a prescription was issued for the item; or | |
| 4348 | + | 2136 | |
| 4349 | + | (B) the item was purchased by a hospital or other medical facility; and | |
| 4350 | + | 2137 | |
| 4351 | + | (b)(i) Subsection (10)(a) applies to: | |
| 4352 | + | 2138 | |
| 4353 | + | (A) a drug; | |
| 4354 | + | - 63 - S.B. 337 02-26 10:50 | |
| 4355 | + | 2139 | |
| 4356 | + | (B) a syringe; or | |
| 4357 | + | 2140 | |
| 4358 | + | (C) a stoma supply; and | |
| 4359 | + | 2141 | |
| 4360 | + | (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, | |
| 4361 | + | 2142 | |
| 4362 | + | the commission may by rule define the terms: | |
| 4363 | + | 2143 | |
| 4364 | + | (A) "syringe"; or | |
| 4365 | + | 2144 | |
| 4366 | + | (B) "stoma supply"; | |
| 4367 | + | 2145 | |
| 4368 | + | (11) purchases or leases exempt under Section 19-12-201; | |
| 4369 | + | 2146 | |
| 4370 | + | (12)(a) sales of an item described in Subsection (12)(c) served by: | |
| 4371 | + | 2147 | |
| 4372 | + | (i) the following if the item described in Subsection (12)(c) is not available to the | |
| 4373 | + | 2148 | |
| 4374 | + | general public: | |
| 4375 | + | 2149 | |
| 4376 | + | (A) a church; or | |
| 4377 | + | 2150 | |
| 4378 | + | (B) a charitable institution; or | |
| 4379 | + | 2151 | |
| 4380 | + | (ii) an institution of higher education if: | |
| 4381 | + | 2152 | |
| 4382 | + | (A) the item described in Subsection (12)(c) is not available to the general public; | |
| 4383 | + | 2153 | |
| 4384 | + | or | |
| 4385 | + | 2154 | |
| 4386 | + | (B) the item described in Subsection (12)(c) is prepaid as part of a student meal | |
| 4387 | + | 2155 | |
| 4388 | + | plan offered by the institution of higher education; [or] | |
| 4389 | + | 2156 | |
| 4390 | + | (b) sales of an item described in Subsection (12)(c) provided for a patient by: | |
| 4391 | + | 2157 | |
| 4392 | + | (i) a medical facility; or | |
| 4393 | + | 2158 | |
| 4394 | + | (ii) a nursing facility; and | |
| 4395 | + | 2159 | |
| 4396 | + | (c) Subsections (12)(a) and (b) apply to: | |
| 4397 | + | 2160 | |
| 4398 | + | (i) food and food ingredients; | |
| 4399 | + | 2161 | |
| 4400 | + | (ii) prepared food; or | |
| 4401 | + | 2162 | |
| 4402 | + | (iii) alcoholic beverages; | |
| 4403 | + | 2163 | |
| 4404 | + | (13)(a) except as provided in Subsection (13)(b), the sale of tangible personal property | |
| 4405 | + | 2164 | |
| 4406 | + | or a product transferred electronically by a person: | |
| 4407 | + | 2165 | |
| 4408 | + | (i) regardless of the number of transactions involving the sale of that tangible | |
| 4409 | + | 2166 | |
| 4410 | + | personal property or product transferred electronically by that person; and | |
| 4411 | + | 2167 | |
| 4412 | + | (ii) not regularly engaged in the business of selling that type of tangible personal | |
| 4413 | + | 2168 | |
| 4414 | + | property or product transferred electronically; | |
| 4415 | + | 2169 | |
| 4416 | + | (b) this Subsection (13) does not apply if: | |
| 4417 | + | 2170 | |
| 4418 | + | (i) the sale is one of a series of sales of a character to indicate that the person is | |
| 4419 | + | 2171 | |
| 4420 | + | regularly engaged in the business of selling that type of tangible personal property | |
| 4421 | + | 2172 | |
| 4422 | + | or product transferred electronically; | |
| 4423 | + | - 64 - 02-26 10:50 S.B. 337 | |
| 4424 | + | 2173 | |
| 4425 | + | (ii) the person holds that person out as regularly engaged in the business of selling | |
| 4426 | + | 2174 | |
| 4427 | + | that type of tangible personal property or product transferred electronically; | |
| 4428 | + | 2175 | |
| 4429 | + | (iii) the person sells an item of tangible personal property or product transferred | |
| 4430 | + | 2176 | |
| 4431 | + | electronically that the person purchased as a sale that is exempt under Subsection | |
| 4432 | + | 2177 | |
| 4433 | + | (25); or | |
| 4434 | + | 2178 | |
| 4435 | + | (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws | |
| 4436 | + | 2179 | |
| 4437 | + | of this state in which case the tax is based upon: | |
| 4438 | + | 2180 | |
| 4439 | + | (A) the bill of sale, lease agreement, or other written evidence of value of the | |
| 4440 | + | 2181 | |
| 4441 | + | vehicle or vessel being sold; or | |
| 4442 | + | 2182 | |
| 4443 | + | (B) in the absence of a bill of sale, lease agreement, or other written evidence of | |
| 4444 | + | 2183 | |
| 4445 | + | value, the fair market value of the vehicle or vessel being sold at the time of the | |
| 4446 | + | 2184 | |
| 4447 | + | sale as determined by the commission; and | |
| 4448 | + | 2185 | |
| 4449 | + | (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the | |
| 4450 | + | 2186 | |
| 4451 | + | commission shall make rules establishing the circumstances under which: | |
| 4452 | + | 2187 | |
| 4453 | + | (i) a person is regularly engaged in the business of selling a type of tangible personal | |
| 4454 | + | 2188 | |
| 4455 | + | property or product transferred electronically; | |
| 4456 | + | 2189 | |
| 4457 | + | (ii) a sale of tangible personal property or a product transferred electronically is one | |
| 4458 | + | 2190 | |
| 4459 | + | of a series of sales of a character to indicate that a person is regularly engaged in | |
| 4460 | + | 2191 | |
| 4461 | + | the business of selling that type of tangible personal property or product | |
| 4462 | + | 2192 | |
| 4463 | + | transferred electronically; or | |
| 4464 | + | 2193 | |
| 4465 | + | (iii) a person holds that person out as regularly engaged in the business of selling a | |
| 4466 | + | 2194 | |
| 4467 | + | type of tangible personal property or product transferred electronically; | |
| 4468 | + | 2195 | |
| 4469 | + | (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal | |
| 4470 | + | 2196 | |
| 4471 | + | operating repair or replacement parts, or materials, except for office equipment or office | |
| 4472 | + | 2197 | |
| 4473 | + | supplies, by: | |
| 4474 | + | 2198 | |
| 4475 | + | (a) a manufacturing facility that: | |
| 4476 | + | 2199 | |
| 4477 | + | (i) is located in the state; and | |
| 4478 | + | 2200 | |
| 4479 | + | (ii) uses or consumes the machinery, equipment, normal operating repair or | |
| 4480 | + | 2201 | |
| 4481 | + | replacement parts, or materials: | |
| 4482 | + | 2202 | |
| 4483 | + | (A) in the manufacturing process to manufacture an item sold as tangible personal | |
| 4484 | + | 2203 | |
| 4485 | + | property, as the commission may define that phrase in accordance with Title | |
| 4486 | + | 2204 | |
| 4487 | + | 63G, Chapter 3, Utah Administrative Rulemaking Act; or | |
| 4488 | + | 2205 | |
| 4489 | + | (B) for a scrap recycler, to process an item sold as tangible personal property, as | |
| 4490 | + | 2206 | |
| 4491 | + | the commission may define that phrase in accordance with Title 63G, Chapter | |
| 4492 | + | - 65 - S.B. 337 02-26 10:50 | |
| 4493 | + | 2207 | |
| 4494 | + | 3, Utah Administrative Rulemaking Act; | |
| 4495 | + | 2208 | |
| 4496 | + | (b) an establishment, as the commission defines that term in accordance with Title 63G, | |
| 4497 | + | 2209 | |
| 4498 | + | Chapter 3, Utah Administrative Rulemaking Act, that: | |
| 4499 | + | 2210 | |
| 4500 | + | (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS | |
| 4501 | + | 2211 | |
| 4502 | + | Code 213113, Support Activities for Coal Mining, 213114, Support Activities for | |
| 4503 | + | 2212 | |
| 4504 | + | Metal Mining, or 213115, Support Activities for Nonmetallic Minerals (except | |
| 4505 | + | 2213 | |
| 4506 | + | Fuels) Mining, of the 2002 North American Industry Classification System of the | |
| 4507 | + | 2214 | |
| 4508 | + | federal Executive Office of the President, Office of Management and Budget; | |
| 4509 | + | 2215 | |
| 4510 | + | (ii) is located in the state; and | |
| 4511 | + | 2216 | |
| 4512 | + | (iii) uses or consumes the machinery, equipment, normal operating repair or | |
| 4513 | + | 2217 | |
| 4514 | + | replacement parts, or materials in: | |
| 4515 | + | 2218 | |
| 4516 | + | (A) the production process to produce an item sold as tangible personal property, | |
| 4517 | + | 2219 | |
| 4518 | + | as the commission may define that phrase in accordance with Title 63G, | |
| 4519 | + | 2220 | |
| 4520 | + | Chapter 3, Utah Administrative Rulemaking Act; | |
| 4521 | + | 2221 | |
| 4522 | + | (B) research and development, as the commission may define that phrase in | |
| 4523 | + | 2222 | |
| 4524 | + | accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; | |
| 4525 | + | 2223 | |
| 4526 | + | (C) transporting, storing, or managing tailings, overburden, or similar waste | |
| 4527 | + | 2224 | |
| 4528 | + | materials produced from mining; | |
| 4529 | + | 2225 | |
| 4530 | + | (D) developing or maintaining a road, tunnel, excavation, or similar feature used | |
| 4531 | + | 2226 | |
| 4532 | + | in mining; or | |
| 4533 | + | 2227 | |
| 4534 | + | (E) preventing, controlling, or reducing dust or other pollutants from mining; or | |
| 4535 | + | 2228 | |
| 4536 | + | (c) an establishment, as the commission defines that term in accordance with Title 63G, | |
| 4537 | + | 2229 | |
| 4538 | + | Chapter 3, Utah Administrative Rulemaking Act, that: | |
| 4539 | + | 2230 | |
| 4540 | + | (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North | |
| 4541 | + | 2231 | |
| 4542 | + | American Industry Classification System of the federal Executive Office of the | |
| 4543 | + | 2232 | |
| 4544 | + | President, Office of Management and Budget; | |
| 4545 | + | 2233 | |
| 4546 | + | (ii) is located in the state; and | |
| 4547 | + | 2234 | |
| 4548 | + | (iii) uses or consumes the machinery, equipment, normal operating repair or | |
| 4549 | + | 2235 | |
| 4550 | + | replacement parts, or materials in the operation of the web search portal; | |
| 4551 | + | 2236 | |
| 4552 | + | (15)(a) sales of the following if the requirements of Subsection (15)(b) are met: | |
| 4553 | + | 2237 | |
| 4554 | + | (i) tooling; | |
| 4555 | + | 2238 | |
| 4556 | + | (ii) special tooling; | |
| 4557 | + | 2239 | |
| 4558 | + | (iii) support equipment; | |
| 4559 | + | 2240 | |
| 4560 | + | (iv) special test equipment; or | |
| 4561 | + | - 66 - 02-26 10:50 S.B. 337 | |
| 4562 | + | 2241 | |
| 4563 | + | (v) parts used in the repairs or renovations of tooling or equipment described in | |
| 4564 | + | 2242 | |
| 4565 | + | Subsections (15)(a)(i) through (iv); and | |
| 4566 | + | 2243 | |
| 4567 | + | (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if: | |
| 4568 | + | 2244 | |
| 4569 | + | (i) the tooling, equipment, or parts are used or consumed exclusively in the | |
| 4570 | + | 2245 | |
| 4571 | + | performance of any aerospace or electronics industry contract with the United | |
| 4572 | + | 2246 | |
| 4573 | + | States government or any subcontract under that contract; and | |
| 4574 | + | 2247 | |
| 4575 | + | (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i), | |
| 4576 | + | 2248 | |
| 4577 | + | title to the tooling, equipment, or parts is vested in the United States government | |
| 4578 | + | 2249 | |
| 4579 | + | as evidenced by: | |
| 4580 | + | 2250 | |
| 4581 | + | (A) a government identification tag placed on the tooling, equipment, or parts; or | |
| 4582 | + | 2251 | |
| 4583 | + | (B) listing on a government-approved property record if placing a government | |
| 4584 | + | 2252 | |
| 4585 | + | identification tag on the tooling, equipment, or parts is impractical; | |
| 4586 | + | 2253 | |
| 4587 | + | (16) sales of newspapers or newspaper subscriptions; | |
| 4588 | + | 2254 | |
| 4589 | + | (17)(a) except as provided in Subsection (17)(b), tangible personal property or a product | |
| 4590 | + | 2255 | |
| 4591 | + | transferred electronically traded in as full or part payment of the purchase price, | |
| 4592 | + | 2256 | |
| 4593 | + | except that for purposes of calculating sales or use tax upon vehicles not sold by a | |
| 4594 | + | 2257 | |
| 4595 | + | vehicle dealer, trade-ins are limited to other vehicles only, and the tax is based upon: | |
| 4596 | + | 2258 | |
| 4597 | + | (i) the bill of sale or other written evidence of value of the vehicle being sold and the | |
| 4598 | + | 2259 | |
| 4599 | + | vehicle being traded in; or | |
| 4600 | + | 2260 | |
| 4601 | + | (ii) in the absence of a bill of sale or other written evidence of value, the then existing | |
| 4602 | + | 2261 | |
| 4603 | + | fair market value of the vehicle being sold and the vehicle being traded in, as | |
| 4604 | + | 2262 | |
| 4605 | + | determined by the commission; and | |
| 4606 | + | 2263 | |
| 4607 | + | (b) Subsection (17)(a) does not apply to the following items of tangible personal | |
| 4608 | + | 2264 | |
| 4609 | + | property or products transferred electronically traded in as full or part payment of the | |
| 4610 | + | 2265 | |
| 4611 | + | purchase price: | |
| 4612 | + | 2266 | |
| 4613 | + | (i) money; | |
| 4614 | + | 2267 | |
| 4615 | + | (ii) electricity; | |
| 4616 | + | 2268 | |
| 4617 | + | (iii) water; | |
| 4618 | + | 2269 | |
| 4619 | + | (iv) gas; or | |
| 4620 | + | 2270 | |
| 4621 | + | (v) steam; | |
| 4622 | + | 2271 | |
| 4623 | + | (18)(a)(i) except as provided in Subsection (18)(b), sales of tangible personal | |
| 4624 | + | 2272 | |
| 4625 | + | property or a product transferred electronically used or consumed primarily and | |
| 4626 | + | 2273 | |
| 4627 | + | directly in farming operations, regardless of whether the tangible personal | |
| 4628 | + | 2274 | |
| 4629 | + | property or product transferred electronically: | |
| 4630 | + | - 67 - S.B. 337 02-26 10:50 | |
| 4631 | + | 2275 | |
| 4632 | + | (A) becomes part of real estate; or | |
| 4633 | + | 2276 | |
| 4634 | + | (B) is installed by a farmer, contractor, or subcontractor; or | |
| 4635 | + | 2277 | |
| 4636 | + | (ii) sales of parts used in the repairs or renovations of tangible personal property or a | |
| 4637 | + | 2278 | |
| 4638 | + | product transferred electronically if the tangible personal property or product | |
| 4639 | + | 2279 | |
| 4640 | + | transferred electronically is exempt under Subsection (18)(a)(i); and | |
| 4641 | + | 2280 | |
| 4642 | + | (b) amounts paid or charged for the following are subject to the taxes imposed by this | |
| 4643 | + | 2281 | |
| 4644 | + | chapter: | |
| 4645 | + | 2282 | |
| 4646 | + | (i)(A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or | |
| 4647 | + | 2283 | |
| 4648 | + | supplies if used in a manner that is incidental to farming; and | |
| 4649 | + | 2284 | |
| 4650 | + | (B) tangible personal property that is considered to be used in a manner that is | |
| 4651 | + | 2285 | |
| 4652 | + | incidental to farming includes: | |
| 4653 | + | 2286 | |
| 4654 | + | (I) hand tools; or | |
| 4655 | + | 2287 | |
| 4656 | + | (II) maintenance and janitorial equipment and supplies; | |
| 4657 | + | 2288 | |
| 4658 | + | (ii)(A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product | |
| 4659 | + | 2289 | |
| 4660 | + | transferred electronically if the tangible personal property or product | |
| 4661 | + | 2290 | |
| 4662 | + | transferred electronically is used in an activity other than farming; and | |
| 4663 | + | 2291 | |
| 4664 | + | (B) tangible personal property or a product transferred electronically that is | |
| 4665 | + | 2292 | |
| 4666 | + | considered to be used in an activity other than farming includes: | |
| 4667 | + | 2293 | |
| 4668 | + | (I) office equipment and supplies; or | |
| 4669 | + | 2294 | |
| 4670 | + | (II) equipment and supplies used in: | |
| 4671 | + | 2295 | |
| 4672 | + | (Aa) the sale or distribution of farm products; | |
| 4673 | + | 2296 | |
| 4674 | + | (Bb) research; or | |
| 4675 | + | 2297 | |
| 4676 | + | (Cc) transportation; or | |
| 4677 | + | 2298 | |
| 4678 | + | (iii) a vehicle required to be registered by the laws of this state during the period | |
| 4679 | + | 2299 | |
| 4680 | + | ending two years after the date of the vehicle's purchase; | |
| 4681 | + | 2300 | |
| 4682 | + | (19) sales of hay; | |
| 4683 | + | 2301 | |
| 4684 | + | (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or garden, | |
| 4685 | + | 2302 | |
| 4686 | + | farm, or other agricultural produce if the seasonal crops are, seedling plants are, or | |
| 4687 | + | 2303 | |
| 4688 | + | garden, farm, or other agricultural produce is sold by: | |
| 4689 | + | 2304 | |
| 4690 | + | (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other | |
| 4691 | + | 2305 | |
| 4692 | + | agricultural produce; | |
| 4693 | + | 2306 | |
| 4694 | + | (b) an employee of the producer described in Subsection (20)(a); or | |
| 4695 | + | 2307 | |
| 4696 | + | (c) a member of the immediate family of the producer described in Subsection (20)(a); | |
| 4697 | + | 2308 | |
| 4698 | + | (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued under | |
| 4699 | + | - 68 - 02-26 10:50 S.B. 337 | |
| 4700 | + | 2309 | |
| 4701 | + | the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.; | |
| 4702 | + | 2310 | |
| 4703 | + | (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags, | |
| 4704 | + | 2311 | |
| 4705 | + | nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor, | |
| 4706 | + | 2312 | |
| 4707 | + | wholesaler, or retailer for use in packaging tangible personal property to be sold by that | |
| 4708 | + | 2313 | |
| 4709 | + | manufacturer, processor, wholesaler, or retailer; | |
| 4710 | + | 2314 | |
| 4711 | + | (23) a product stored in the state for resale; | |
| 4712 | + | 2315 | |
| 4713 | + | (24)(a) purchases of a product if: | |
| 4714 | + | 2316 | |
| 4715 | + | (i) the product is: | |
| 4716 | + | 2317 | |
| 4717 | + | (A) purchased outside of this state; | |
| 4718 | + | 2318 | |
| 4719 | + | (B) brought into this state: | |
| 4720 | + | 2319 | |
| 4721 | + | (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and | |
| 4722 | + | 2320 | |
| 4723 | + | (II) by a nonresident person who is not living or working in this state at the | |
| 4724 | + | 2321 | |
| 4725 | + | time of the purchase; | |
| 4726 | + | 2322 | |
| 4727 | + | (C) used for the personal use or enjoyment of the nonresident person described in | |
| 4728 | + | 2323 | |
| 4729 | + | Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; | |
| 4730 | + | 2324 | |
| 4731 | + | and | |
| 4732 | + | 2325 | |
| 4733 | + | (D) not used in conducting business in this state; and | |
| 4734 | + | 2326 | |
| 4735 | + | (ii) for: | |
| 4736 | + | 2327 | |
| 4737 | + | (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use | |
| 4738 | + | 2328 | |
| 4739 | + | of the product for a purpose for which the product is designed occurs outside of | |
| 4740 | + | 2329 | |
| 4741 | + | this state; | |
| 4742 | + | 2330 | |
| 4743 | + | (B) a boat, the boat is registered outside of this state; or | |
| 4744 | + | 2331 | |
| 4745 | + | (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is | |
| 4746 | + | 2332 | |
| 4747 | + | registered outside of this state; | |
| 4748 | + | 2333 | |
| 4749 | + | (b) the exemption provided for in Subsection (24)(a) does not apply to: | |
| 4750 | + | 2334 | |
| 4751 | + | (i) a lease or rental of a product; or | |
| 4752 | + | 2335 | |
| 4753 | + | (ii) a sale of a vehicle exempt under Subsection (33); and | |
| 4754 | + | 2336 | |
| 4755 | + | (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for | |
| 4756 | + | 2337 | |
| 4757 | + | purposes of Subsection (24)(a), the commission may by rule define what constitutes | |
| 4758 | + | 2338 | |
| 4759 | + | the following: | |
| 4760 | + | 2339 | |
| 4761 | + | (i) conducting business in this state if that phrase has the same meaning in this | |
| 4762 | + | 2340 | |
| 4763 | + | Subsection (24) as in Subsection (63); | |
| 4764 | + | 2341 | |
| 4765 | + | (ii) the first use of a product if that phrase has the same meaning in this Subsection | |
| 4766 | + | 2342 | |
| 4767 | + | (24) as in Subsection (63); or | |
| 4768 | + | - 69 - S.B. 337 02-26 10:50 | |
| 4769 | + | 2343 | |
| 4770 | + | (iii) a purpose for which a product is designed if that phrase has the same meaning in | |
| 4771 | + | 2344 | |
| 4772 | + | this Subsection (24) as in Subsection (63); | |
| 4773 | + | 2345 | |
| 4774 | + | (25) a product purchased for resale in the regular course of business, either in its original | |
| 4775 | + | 2346 | |
| 4776 | + | form or as an ingredient or component part of a manufactured or compounded product; | |
| 4777 | + | 2347 | |
| 4778 | + | (26) a product upon which a sales or use tax was paid to some other state, or one of its | |
| 4779 | + | 2348 | |
| 4780 | + | subdivisions, except that the state shall be paid any difference between the tax paid and | |
| 4781 | + | 2349 | |
| 4782 | + | the tax imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment | |
| 4783 | + | 2350 | |
| 4784 | + | is allowed if the tax paid was greater than the tax imposed by this part and Part 2, Local | |
| 4785 | + | 2351 | |
| 4786 | + | Sales and Use Tax Act; | |
| 4787 | + | 2352 | |
| 4788 | + | (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a person | |
| 4789 | + | 2353 | |
| 4790 | + | for use in compounding a service taxable under the subsections; | |
| 4791 | + | 2354 | |
| 4792 | + | (28) purchases made in accordance with the special supplemental nutrition program for | |
| 4793 | + | 2355 | |
| 4794 | + | women, infants, and children established in 42 U.S.C. Sec. 1786; | |
| 4795 | + | 2356 | |
| 4796 | + | (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other replacement | |
| 4797 | + | 2357 | |
| 4798 | + | parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code 3312 of | |
| 4799 | + | 2358 | |
| 4800 | + | the 1987 Standard Industrial Classification Manual of the federal Executive Office of the | |
| 4801 | + | 2359 | |
| 4802 | + | President, Office of Management and Budget; | |
| 4803 | + | 2360 | |
| 4804 | + | (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State | |
| 4805 | + | 2361 | |
| 4806 | + | Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard | |
| 4807 | + | 2362 | |
| 4808 | + | motor is: | |
| 4809 | + | 2363 | |
| 4810 | + | (a) not registered in this state; and | |
| 4811 | + | 2364 | |
| 4812 | + | (b)(i) not used in this state; or | |
| 4813 | + | 2365 | |
| 4814 | + | (ii) used in this state: | |
| 4815 | + | 2366 | |
| 4816 | + | (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for | |
| 4817 | + | 2367 | |
| 4818 | + | a time period that does not exceed the longer of: | |
| 4819 | + | 2368 | |
| 4820 | + | (I) 30 days in any calendar year; or | |
| 4821 | + | 2369 | |
| 4822 | + | (II) the time period necessary to transport the boat, boat trailer, or outboard | |
| 4823 | + | 2370 | |
| 4824 | + | motor to the borders of this state; or | |
| 4825 | + | 2371 | |
| 4826 | + | (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the | |
| 4827 | + | 2372 | |
| 4828 | + | time period necessary to transport the boat, boat trailer, or outboard motor to | |
| 4829 | + | 2373 | |
| 4830 | + | the borders of this state; | |
| 4831 | + | 2374 | |
| 4832 | + | (31) sales of aircraft manufactured in Utah; | |
| 4833 | + | 2375 | |
| 4834 | + | (32) amounts paid for the purchase of telecommunications service for purposes of | |
| 4835 | + | 2376 | |
| 4836 | + | providing telecommunications service; | |
| 4837 | + | - 70 - 02-26 10:50 S.B. 337 | |
| 4838 | + | 2377 | |
| 4839 | + | (33) sales, leases, or uses of the following: | |
| 4840 | + | 2378 | |
| 4841 | + | (a) a vehicle by an authorized carrier; or | |
| 4842 | + | 2379 | |
| 4843 | + | (b) tangible personal property that is installed on a vehicle: | |
| 4844 | + | 2380 | |
| 4845 | + | (i) sold or leased to or used by an authorized carrier; and | |
| 4846 | + | 2381 | |
| 4847 | + | (ii) before the vehicle is placed in service for the first time; | |
| 4848 | + | 2382 | |
| 4849 | + | (34)(a) 45% of the sales price of any new manufactured home; and | |
| 4850 | + | 2383 | |
| 4851 | + | (b) 100% of the sales price of any used manufactured home; | |
| 4852 | + | 2384 | |
| 4853 | + | (35) sales relating to schools and fundraising sales; | |
| 4854 | + | 2385 | |
| 4855 | + | (36) sales or rentals of durable medical equipment if: | |
| 4856 | + | 2386 | |
| 4857 | + | (a) a person presents a prescription for the durable medical equipment; and | |
| 4858 | + | 2387 | |
| 4859 | + | (b) the durable medical equipment is used for home use only; | |
| 4860 | + | 2388 | |
| 4861 | + | (37)(a) sales to a ski resort of electricity to operate a passenger ropeway as defined in | |
| 4862 | + | 2389 | |
| 4863 | + | Section 72-11-102; and | |
| 4864 | + | 2390 | |
| 4865 | + | (b) the commission shall by rule determine the method for calculating sales exempt | |
| 4866 | + | 2391 | |
| 4867 | + | under Subsection (37)(a) that are not separately metered and accounted for in utility | |
| 4868 | + | 2392 | |
| 4869 | + | billings; | |
| 4870 | + | 2393 | |
| 4871 | + | (38) sales to a ski resort of: | |
| 4872 | + | 2394 | |
| 4873 | + | (a) snowmaking equipment; | |
| 4874 | + | 2395 | |
| 4875 | + | (b) ski slope grooming equipment; | |
| 4876 | + | 2396 | |
| 4877 | + | (c) passenger ropeways as defined in Section 72-11-102; or | |
| 4878 | + | 2397 | |
| 4879 | + | (d) parts used in the repairs or renovations of equipment or passenger ropeways | |
| 4880 | + | 2398 | |
| 4881 | + | described in Subsections (38)(a) through (c); | |
| 4882 | + | 2399 | |
| 4883 | + | (39) subject to Subsection 59-12-103(2)(j), sales of natural gas, electricity, heat, coal, fuel | |
| 4884 | + | 2400 | |
| 4885 | + | oil, or other fuels for industrial use; | |
| 4886 | + | 2401 | |
| 4887 | + | (40)(a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for | |
| 4888 | + | 2402 | |
| 4889 | + | amusement, entertainment, or recreation an unassisted amusement device as defined | |
| 4890 | + | 2403 | |
| 4891 | + | in Section 59-12-102; | |
| 4892 | + | 2404 | |
| 4893 | + | (b) if a seller that sells or rents at the same business location the right to use or operate | |
| 4894 | + | 2405 | |
| 4895 | + | for amusement, entertainment, or recreation one or more unassisted amusement | |
| 4896 | + | 2406 | |
| 4897 | + | devices and one or more assisted amusement devices, the exemption described in | |
| 4898 | + | 2407 | |
| 4899 | + | Subsection (40)(a) applies if the seller separately accounts for the sales or rentals of | |
| 4900 | + | 2408 | |
| 4901 | + | the right to use or operate for amusement, entertainment, or recreation for the assisted | |
| 4902 | + | 2409 | |
| 4903 | + | amusement devices; and | |
| 4904 | + | 2410 | |
| 4905 | + | (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3, Utah | |
| 4906 | + | - 71 - S.B. 337 02-26 10:50 | |
| 4907 | + | 2411 | |
| 4908 | + | Administrative Rulemaking Act, the commission may make rules: | |
| 4909 | + | 2412 | |
| 4910 | + | (i) governing the circumstances under which sales are at the same business location; | |
| 4911 | + | 2413 | |
| 4912 | + | and | |
| 4913 | + | 2414 | |
| 4914 | + | (ii) establishing the procedures and requirements for a seller to separately account for | |
| 4915 | + | 2415 | |
| 4916 | + | the sales or rentals of the right to use or operate for amusement, entertainment, or | |
| 4917 | + | 2416 | |
| 4918 | + | recreation for assisted amusement devices; | |
| 4919 | + | 2417 | |
| 4920 | + | (41)(a) sales of photocopies by: | |
| 4921 | + | 2418 | |
| 4922 | + | (i) a governmental entity; or | |
| 4923 | + | 2419 | |
| 4924 | + | (ii) an entity within the state system of public education, including: | |
| 4925 | + | 2420 | |
| 4926 | + | (A) a school; or | |
| 4927 | + | 2421 | |
| 4928 | + | (B) the State Board of Education; or | |
| 4929 | + | 2422 | |
| 4930 | + | (b) sales of publications by a governmental entity; | |
| 4931 | + | 2423 | |
| 4932 | + | (42) amounts paid for admission to an athletic event at an institution of higher education | |
| 4933 | + | 2424 | |
| 4934 | + | that is subject to the provisions of Title IX of the Education Amendments of 1972, 20 | |
| 4935 | + | 2425 | |
| 4936 | + | U.S.C. Sec. 1681 et seq.; | |
| 4937 | + | 2426 | |
| 4938 | + | (43)(a) sales made to or by: | |
| 4939 | + | 2427 | |
| 4940 | + | (i) an area agency on aging; or | |
| 4941 | + | 2428 | |
| 4942 | + | (ii) a senior citizen center owned by a county, city, or town; or | |
| 4943 | + | 2429 | |
| 4944 | + | (b) sales made by a senior citizen center that contracts with an area agency on aging; | |
| 4945 | + | 2430 | |
| 4946 | + | (44) sales or leases of semiconductor fabricating, processing, research, or development | |
| 4947 | + | 2431 | |
| 4948 | + | materials regardless of whether the semiconductor fabricating, processing, research, or | |
| 4949 | + | 2432 | |
| 4950 | + | development materials: | |
| 4951 | + | 2433 | |
| 4952 | + | (a) actually come into contact with a semiconductor; or | |
| 4953 | + | 2434 | |
| 4954 | + | (b) ultimately become incorporated into real property; | |
| 4955 | + | 2435 | |
| 4956 | + | (45) an amount paid by or charged to a purchaser for accommodations and services | |
| 4957 | + | 2436 | |
| 4958 | + | described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under | |
| 4959 | + | 2437 | |
| 4960 | + | Section 59-12-104.2; | |
| 4961 | + | 2438 | |
| 4962 | + | (46) the lease or use of a vehicle issued a temporary sports event registration certificate in | |
| 4963 | + | 2439 | |
| 4964 | + | accordance with Section 41-3-306 for the event period specified on the temporary sports | |
| 4965 | + | 2440 | |
| 4966 | + | event registration certificate; | |
| 4967 | + | 2441 | |
| 4968 | + | (47)(a) sales or uses of electricity, if the sales or uses are made under a retail tariff | |
| 4969 | + | 2442 | |
| 4970 | + | adopted by the Public Service Commission only for purchase of electricity produced | |
| 4971 | + | 2443 | |
| 4972 | + | from a new alternative energy source built after January 1, 2016, as designated in the | |
| 4973 | + | 2444 | |
| 4974 | + | tariff by the Public Service Commission; and | |
| 4975 | + | - 72 - 02-26 10:50 S.B. 337 | |
| 4976 | + | 2445 | |
| 4977 | + | (b) for a residential use customer only, the exemption under Subsection (47)(a) applies | |
| 4978 | + | 2446 | |
| 4979 | + | only to the portion of the tariff rate a customer pays under the tariff described in | |
| 4980 | + | 2447 | |
| 4981 | + | Subsection (47)(a) that exceeds the tariff rate under the tariff described in Subsection | |
| 4982 | + | 2448 | |
| 4983 | + | (47)(a) that the customer would have paid absent the tariff; | |
| 4984 | + | 2449 | |
| 4985 | + | (48) sales or rentals of mobility enhancing equipment if a person presents a prescription for | |
| 4986 | + | 2450 | |
| 4987 | + | the mobility enhancing equipment; | |
| 4988 | + | 2451 | |
| 4989 | + | (49) sales of water in a: | |
| 4990 | + | 2452 | |
| 4991 | + | (a) pipe; | |
| 4992 | + | 2453 | |
| 4993 | + | (b) conduit; | |
| 4994 | + | 2454 | |
| 4995 | + | (c) ditch; or | |
| 4996 | + | 2455 | |
| 4997 | + | (d) reservoir; | |
| 4998 | + | 2456 | |
| 4999 | + | (50) sales of currency or coins that constitute legal tender of a state, the United States, or a | |
| 5000 | + | 2457 | |
| 5001 | + | foreign nation; | |
| 5002 | + | 2458 | |
| 5003 | + | (51)(a) sales of an item described in Subsection (51)(b) if the item: | |
| 5004 | + | 2459 | |
| 5005 | + | (i) does not constitute legal tender of a state, the United States, or a foreign nation; | |
| 5006 | + | 2460 | |
| 5007 | + | and | |
| 5008 | + | 2461 | |
| 5009 | + | (ii) has a gold, silver, or platinum content of 50% or more; and | |
| 5010 | + | 2462 | |
| 5011 | + | (b) Subsection (51)(a) applies to a gold, silver, or platinum: | |
| 5012 | + | 2463 | |
| 5013 | + | (i) ingot; | |
| 5014 | + | 2464 | |
| 5015 | + | (ii) bar; | |
| 5016 | + | 2465 | |
| 5017 | + | (iii) medallion; or | |
| 5018 | + | 2466 | |
| 5019 | + | (iv) decorative coin; | |
| 5020 | + | 2467 | |
| 5021 | + | (52) amounts paid on a sale-leaseback transaction; | |
| 5022 | + | 2468 | |
| 5023 | + | (53) sales of a prosthetic device: | |
| 5024 | + | 2469 | |
| 5025 | + | (a) for use on or in a human; and | |
| 5026 | + | 2470 | |
| 5027 | + | (b)(i) for which a prescription is required; or | |
| 5028 | + | 2471 | |
| 5029 | + | (ii) if the prosthetic device is purchased by a hospital or other medical facility; | |
| 5030 | + | 2472 | |
| 5031 | + | (54)(a) except as provided in Subsection (54)(b), purchases, leases, or rentals of | |
| 5032 | + | 2473 | |
| 5033 | + | machinery or equipment by an establishment described in Subsection (54)(c) if the | |
| 5034 | + | 2474 | |
| 5035 | + | machinery or equipment is primarily used in the production or postproduction of the | |
| 5036 | + | 2475 | |
| 5037 | + | following media for commercial distribution: | |
| 5038 | + | 2476 | |
| 5039 | + | (i) a motion picture; | |
| 5040 | + | 2477 | |
| 5041 | + | (ii) a television program; | |
| 5042 | + | 2478 | |
| 5043 | + | (iii) a movie made for television; | |
| 5044 | + | - 73 - S.B. 337 02-26 10:50 | |
| 5045 | + | 2479 | |
| 5046 | + | (iv) a music video; | |
| 5047 | + | 2480 | |
| 5048 | + | (v) a commercial; | |
| 5049 | + | 2481 | |
| 5050 | + | (vi) a documentary; or | |
| 5051 | + | 2482 | |
| 5052 | + | (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the | |
| 5053 | + | 2483 | |
| 5054 | + | commission by administrative rule made in accordance with Subsection (54)(d); [ | |
| 5055 | + | 2484 | |
| 5056 | + | or] | |
| 5057 | + | 2485 | |
| 5058 | + | (b) purchases, leases, or rentals of machinery or equipment by an establishment | |
| 5059 | + | 2486 | |
| 5060 | + | described in Subsection (54)(c) that is used for the production or postproduction of | |
| 5061 | + | 2487 | |
| 5062 | + | the following are subject to the taxes imposed by this chapter: | |
| 5063 | + | 2488 | |
| 5064 | + | (i) a live musical performance; | |
| 5065 | + | 2489 | |
| 5066 | + | (ii) a live news program; or | |
| 5067 | + | 2490 | |
| 5068 | + | (iii) a live sporting event; | |
| 5069 | + | 2491 | |
| 5070 | + | (c) the following establishments listed in the 1997 North American Industry | |
| 5071 | + | 2492 | |
| 5072 | + | Classification System of the federal Executive Office of the President, Office of | |
| 5073 | + | 2493 | |
| 5074 | + | Management and Budget, apply to Subsections (54)(a) and (b): | |
| 5075 | + | 2494 | |
| 5076 | + | (i) NAICS Code 512110; or | |
| 5077 | + | 2495 | |
| 5078 | + | (ii) NAICS Code 51219; and | |
| 5079 | + | 2496 | |
| 5080 | + | (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the | |
| 5081 | + | 2497 | |
| 5082 | + | commission may by rule: | |
| 5083 | + | 2498 | |
| 5084 | + | (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi); | |
| 5085 | + | 2499 | |
| 5086 | + | or | |
| 5087 | + | 2500 | |
| 5088 | + | (ii) define: | |
| 5089 | + | 2501 | |
| 5090 | + | (A) "commercial distribution"; | |
| 5091 | + | 2502 | |
| 5092 | + | (B) "live musical performance"; | |
| 5093 | + | 2503 | |
| 5094 | + | (C) "live news program"; or | |
| 5095 | + | 2504 | |
| 5096 | + | (D) "live sporting event"; | |
| 5097 | + | 2505 | |
| 5098 | + | (55)(a) leases of seven or more years or purchases made on or after July 1, 2004, but on | |
| 5099 | + | 2506 | |
| 5100 | + | or before June 30, 2027, of tangible personal property that: | |
| 5101 | + | 2507 | |
| 5102 | + | (i) is leased or purchased for or by a facility that: | |
| 5103 | + | 2508 | |
| 5104 | + | (A) is an alternative energy electricity production facility; | |
| 5105 | + | 2509 | |
| 5106 | + | (B) is located in the state; and | |
| 5107 | + | 2510 | |
| 5108 | + | (C)(I) becomes operational on or after July 1, 2004; or | |
| 5109 | + | 2511 | |
| 5110 | + | (II) has its generation capacity increased by one or more megawatts on or after | |
| 5111 | + | 2512 | |
| 5112 | + | July 1, 2004, as a result of the use of the tangible personal property; | |
| 5113 | + | - 74 - 02-26 10:50 S.B. 337 | |
| 5114 | + | 2513 | |
| 5115 | + | (ii) has an economic life of five or more years; and | |
| 5116 | + | 2514 | |
| 5117 | + | (iii) is used to make the facility or the increase in capacity of the facility described in | |
| 5118 | + | 2515 | |
| 5119 | + | Subsection (55)(a)(i) operational up to the point of interconnection with an | |
| 5120 | + | 2516 | |
| 5121 | + | existing transmission grid including: | |
| 5122 | + | 2517 | |
| 5123 | + | (A) a wind turbine; | |
| 5124 | + | 2518 | |
| 5125 | + | (B) generating equipment; | |
| 5126 | + | 2519 | |
| 5127 | + | (C) a control and monitoring system; | |
| 5128 | + | 2520 | |
| 5129 | + | (D) a power line; | |
| 5130 | + | 2521 | |
| 5131 | + | (E) substation equipment; | |
| 5132 | + | 2522 | |
| 5133 | + | (F) lighting; | |
| 5134 | + | 2523 | |
| 5135 | + | (G) fencing; | |
| 5136 | + | 2524 | |
| 5137 | + | (H) pipes; or | |
| 5138 | + | 2525 | |
| 5139 | + | (I) other equipment used for locating a power line or pole; and | |
| 5140 | + | 2526 | |
| 5141 | + | (b) this Subsection (55) does not apply to: | |
| 5142 | + | 2527 | |
| 5143 | + | (i) tangible personal property used in construction of: | |
| 5144 | + | 2528 | |
| 5145 | + | (A) a new alternative energy electricity production facility; or | |
| 5146 | + | 2529 | |
| 5147 | + | (B) the increase in the capacity of an alternative energy electricity production | |
| 5148 | + | 2530 | |
| 5149 | + | facility; | |
| 5150 | + | 2531 | |
| 5151 | + | (ii) contracted services required for construction and routine maintenance activities; | |
| 5152 | + | 2532 | |
| 5153 | + | and | |
| 5154 | + | 2533 | |
| 5155 | + | (iii) unless the tangible personal property is used or acquired for an increase in | |
| 5156 | + | 2534 | |
| 5157 | + | capacity of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal | |
| 5158 | + | 2535 | |
| 5159 | + | property used or acquired after: | |
| 5160 | + | 2536 | |
| 5161 | + | (A) the alternative energy electricity production facility described in Subsection | |
| 5162 | + | 2537 | |
| 5163 | + | (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or | |
| 5164 | + | 2538 | |
| 5165 | + | (B) the increased capacity described in Subsection (55)(a)(i) is operational as | |
| 5166 | + | 2539 | |
| 5167 | + | described in Subsection (55)(a)(iii); | |
| 5168 | + | 2540 | |
| 5169 | + | (56)(a) leases of seven or more years or purchases made on or after July 1, 2004, but on | |
| 5170 | + | 2541 | |
| 5171 | + | or before June 30, 2027, of tangible personal property that: | |
| 5172 | + | 2542 | |
| 5173 | + | (i) is leased or purchased for or by a facility that: | |
| 5174 | + | 2543 | |
| 5175 | + | (A) is a waste energy production facility; | |
| 5176 | + | 2544 | |
| 5177 | + | (B) is located in the state; and | |
| 5178 | + | 2545 | |
| 5179 | + | (C)(I) becomes operational on or after July 1, 2004; or | |
| 5180 | + | 2546 | |
| 5181 | + | (II) has its generation capacity increased by one or more megawatts on or after | |
| 5182 | + | - 75 - S.B. 337 02-26 10:50 | |
| 5183 | + | 2547 | |
| 5184 | + | July 1, 2004, as a result of the use of the tangible personal property; | |
| 5185 | + | 2548 | |
| 5186 | + | (ii) has an economic life of five or more years; and | |
| 5187 | + | 2549 | |
| 5188 | + | (iii) is used to make the facility or the increase in capacity of the facility described in | |
| 5189 | + | 2550 | |
| 5190 | + | Subsection (56)(a)(i) operational up to the point of interconnection with an | |
| 5191 | + | 2551 | |
| 5192 | + | existing transmission grid including: | |
| 5193 | + | 2552 | |
| 5194 | + | (A) generating equipment; | |
| 5195 | + | 2553 | |
| 5196 | + | (B) a control and monitoring system; | |
| 5197 | + | 2554 | |
| 5198 | + | (C) a power line; | |
| 5199 | + | 2555 | |
| 5200 | + | (D) substation equipment; | |
| 5201 | + | 2556 | |
| 5202 | + | (E) lighting; | |
| 5203 | + | 2557 | |
| 5204 | + | (F) fencing; | |
| 5205 | + | 2558 | |
| 5206 | + | (G) pipes; or | |
| 5207 | + | 2559 | |
| 5208 | + | (H) other equipment used for locating a power line or pole; and | |
| 5209 | + | 2560 | |
| 5210 | + | (b) this Subsection (56) does not apply to: | |
| 5211 | + | 2561 | |
| 5212 | + | (i) tangible personal property used in construction of: | |
| 5213 | + | 2562 | |
| 5214 | + | (A) a new waste energy facility; or | |
| 5215 | + | 2563 | |
| 5216 | + | (B) the increase in the capacity of a waste energy facility; | |
| 5217 | + | 2564 | |
| 5218 | + | (ii) contracted services required for construction and routine maintenance activities; | |
| 5219 | + | 2565 | |
| 5220 | + | and | |
| 5221 | + | 2566 | |
| 5222 | + | (iii) unless the tangible personal property is used or acquired for an increase in | |
| 5223 | + | 2567 | |
| 5224 | + | capacity described in Subsection (56)(a)(i)(C)(II), tangible personal property used | |
| 5225 | + | 2568 | |
| 5226 | + | or acquired after: | |
| 5227 | + | 2569 | |
| 5228 | + | (A) the waste energy facility described in Subsection (56)(a)(i) is operational as | |
| 5229 | + | 2570 | |
| 5230 | + | described in Subsection (56)(a)(iii); or | |
| 5231 | + | 2571 | |
| 5232 | + | (B) the increased capacity described in Subsection (56)(a)(i) is operational as | |
| 5233 | + | 2572 | |
| 5234 | + | described in Subsection (56)(a)(iii); | |
| 5235 | + | 2573 | |
| 5236 | + | (57)(a) leases of five or more years or purchases made on or after July 1, 2004, but on or | |
| 5237 | + | 2574 | |
| 5238 | + | before June 30, 2027, of tangible personal property that: | |
| 5239 | + | 2575 | |
| 5240 | + | (i) is leased or purchased for or by a facility that: | |
| 5241 | + | 2576 | |
| 5242 | + | (A) is located in the state; | |
| 5243 | + | 2577 | |
| 5244 | + | (B) produces fuel from alternative energy, including: | |
| 5245 | + | 2578 | |
| 5246 | + | (I) methanol; or | |
| 5247 | + | 2579 | |
| 5248 | + | (II) ethanol; and | |
| 5249 | + | 2580 | |
| 5250 | + | (C)(I) becomes operational on or after July 1, 2004; or | |
| 5251 | + | - 76 - 02-26 10:50 S.B. 337 | |
| 5252 | + | 2581 | |
| 5253 | + | (II) has its capacity to produce fuel increase by 25% or more on or after July 1, | |
| 5254 | + | 2582 | |
| 5255 | + | 2004, as a result of the installation of the tangible personal property; | |
| 5256 | + | 2583 | |
| 5257 | + | (ii) has an economic life of five or more years; and | |
| 5258 | + | 2584 | |
| 5259 | + | (iii) is installed on the facility described in Subsection (57)(a)(i); | |
| 5260 | + | 2585 | |
| 5261 | + | (b) this Subsection (57) does not apply to: | |
| 5262 | + | 2586 | |
| 5263 | + | (i) tangible personal property used in construction of: | |
| 5264 | + | 2587 | |
| 5265 | + | (A) a new facility described in Subsection (57)(a)(i); or | |
| 5266 | + | 2588 | |
| 5267 | + | (B) the increase in capacity of the facility described in Subsection (57)(a)(i); [or] | |
| 5268 | + | 2589 | |
| 5269 | + | (ii) contracted services required for construction and routine maintenance activities; | |
| 5270 | + | 2590 | |
| 5271 | + | and | |
| 5272 | + | 2591 | |
| 5273 | + | (iii) unless the tangible personal property is used or acquired for an increase in | |
| 5274 | + | 2592 | |
| 5275 | + | capacity described in Subsection (57)(a)(i)(C)(II), tangible personal property used | |
| 5276 | + | 2593 | |
| 5277 | + | or acquired after: | |
| 5278 | + | 2594 | |
| 5279 | + | (A) the facility described in Subsection (57)(a)(i) is operational; or | |
| 5280 | + | 2595 | |
| 5281 | + | (B) the increased capacity described in Subsection (57)(a)(i) is operational; | |
| 5282 | + | 2596 | |
| 5283 | + | (58)(a) subject to Subsection (58)(b), sales of tangible personal property or a product | |
| 5284 | + | 2597 | |
| 5285 | + | transferred electronically to a person within this state if that tangible personal | |
| 5286 | + | 2598 | |
| 5287 | + | property or product transferred electronically is subsequently shipped outside the | |
| 5288 | + | 2599 | |
| 5289 | + | state and incorporated pursuant to contract into and becomes a part of real property | |
| 5290 | + | 2600 | |
| 5291 | + | located outside of this state; and | |
| 5292 | + | 2601 | |
| 5293 | + | (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other | |
| 5294 | + | 2602 | |
| 5295 | + | state or political entity to which the tangible personal property is shipped imposes a | |
| 5296 | + | 2603 | |
| 5297 | + | sales, use, gross receipts, or other similar transaction excise tax on the transaction | |
| 5298 | + | 2604 | |
| 5299 | + | against which the other state or political entity allows a credit for sales and use taxes | |
| 5300 | + | 2605 | |
| 5301 | + | imposed by this chapter; | |
| 5302 | + | 2606 | |
| 5303 | + | (59) purchases: | |
| 5304 | + | 2607 | |
| 5305 | + | (a) of one or more of the following items in printed or electronic format: | |
| 5306 | + | 2608 | |
| 5307 | + | (i) a list containing information that includes one or more: | |
| 5308 | + | 2609 | |
| 5309 | + | (A) names; or | |
| 5310 | + | 2610 | |
| 5311 | + | (B) addresses; or | |
| 5312 | + | 2611 | |
| 5313 | + | (ii) a database containing information that includes one or more: | |
| 5314 | + | 2612 | |
| 5315 | + | (A) names; or | |
| 5316 | + | 2613 | |
| 5317 | + | (B) addresses; and | |
| 5318 | + | 2614 | |
| 5319 | + | (b) used to send direct mail; | |
| 5320 | + | - 77 - S.B. 337 02-26 10:50 | |
| 5321 | + | 2615 | |
| 5322 | + | (60) redemptions or repurchases of a product by a person if that product was: | |
| 5323 | + | 2616 | |
| 5324 | + | (a) delivered to a pawnbroker as part of a pawn transaction; and | |
| 5325 | + | 2617 | |
| 5326 | + | (b) redeemed or repurchased within the time period established in a written agreement | |
| 5327 | + | 2618 | |
| 5328 | + | between the person and the pawnbroker for redeeming or repurchasing the product; | |
| 5329 | + | 2619 | |
| 5330 | + | (61)(a) purchases or leases of an item described in Subsection (61)(b) if the item: | |
| 5331 | + | 2620 | |
| 5332 | + | (i) is purchased or leased by, or on behalf of, a telecommunications service provider; | |
| 5333 | + | 2621 | |
| 5334 | + | and | |
| 5335 | + | 2622 | |
| 5336 | + | (ii) has a useful economic life of one or more years; and | |
| 5337 | + | 2623 | |
| 5338 | + | (b) the following apply to Subsection (61)(a): | |
| 5339 | + | 2624 | |
| 5340 | + | (i) telecommunications enabling or facilitating equipment, machinery, or software; | |
| 5341 | + | 2625 | |
| 5342 | + | (ii) telecommunications equipment, machinery, or software required for 911 service; | |
| 5343 | + | 2626 | |
| 5344 | + | (iii) telecommunications maintenance or repair equipment, machinery, or software; | |
| 5345 | + | 2627 | |
| 5346 | + | (iv) telecommunications switching or routing equipment, machinery, or software; or | |
| 5347 | + | 2628 | |
| 5348 | + | (v) telecommunications transmission equipment, machinery, or software; | |
| 5349 | + | 2629 | |
| 5350 | + | (62)(a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible | |
| 5351 | + | 2630 | |
| 5352 | + | personal property or a product transferred electronically that are used in the research | |
| 5353 | + | 2631 | |
| 5354 | + | and development of alternative energy technology; and | |
| 5355 | + | 2632 | |
| 5356 | + | (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the | |
| 5357 | + | 2633 | |
| 5358 | + | commission may, for purposes of Subsection (62)(a), make rules defining what | |
| 5359 | + | 2634 | |
| 5360 | + | constitutes purchases of tangible personal property or a product transferred | |
| 5361 | + | 2635 | |
| 5362 | + | electronically that are used in the research and development of alternative energy | |
| 5363 | + | 2636 | |
| 5364 | + | technology; | |
| 5365 | + | 2637 | |
| 5366 | + | (63)(a) purchases of tangible personal property or a product transferred electronically if: | |
| 5367 | + | 2638 | |
| 5368 | + | (i) the tangible personal property or product transferred electronically is: | |
| 5369 | + | 2639 | |
| 5370 | + | (A) purchased outside of this state; | |
| 5371 | + | 2640 | |
| 5372 | + | (B) brought into this state at any time after the purchase described in Subsection | |
| 5373 | + | 2641 | |
| 5374 | + | (63)(a)(i)(A); and | |
| 5375 | + | 2642 | |
| 5376 | + | (C) used in conducting business in this state; and | |
| 5377 | + | 2643 | |
| 5378 | + | (ii) for: | |
| 5379 | + | 2644 | |
| 5380 | + | (A) tangible personal property or a product transferred electronically other than | |
| 5381 | + | 2645 | |
| 5382 | + | the tangible personal property described in Subsection (63)(a)(ii)(B), the first | |
| 5383 | + | 2646 | |
| 5384 | + | use of the property for a purpose for which the property is designed occurs | |
| 5385 | + | 2647 | |
| 5386 | + | outside of this state; or | |
| 5387 | + | 2648 | |
| 5388 | + | (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is | |
| 5389 | + | - 78 - 02-26 10:50 S.B. 337 | |
| 5390 | + | 2649 | |
| 5391 | + | registered outside of this state and not required to be registered in this state | |
| 5392 | + | 2650 | |
| 5393 | + | under Section 41-1a-202 or 73-18-9 based on residency; | |
| 5394 | + | 2651 | |
| 5395 | + | (b) the exemption provided for in Subsection (63)(a) does not apply to: | |
| 5396 | + | 2652 | |
| 5397 | + | (i) a lease or rental of tangible personal property or a product transferred | |
| 5398 | + | 2653 | |
| 5399 | + | electronically; or | |
| 5400 | + | 2654 | |
| 5401 | + | (ii) a sale of a vehicle exempt under Subsection (33); and | |
| 5402 | + | 2655 | |
| 5403 | + | (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for | |
| 5404 | + | 2656 | |
| 5405 | + | purposes of Subsection (63)(a), the commission may by rule define what constitutes | |
| 5406 | + | 2657 | |
| 5407 | + | the following: | |
| 5408 | + | 2658 | |
| 5409 | + | (i) conducting business in this state if that phrase has the same meaning in this | |
| 5410 | + | 2659 | |
| 5411 | + | Subsection (63) as in Subsection (24); | |
| 5412 | + | 2660 | |
| 5413 | + | (ii) the first use of tangible personal property or a product transferred electronically if | |
| 5414 | + | 2661 | |
| 5415 | + | that phrase has the same meaning in this Subsection (63) as in Subsection (24); or | |
| 5416 | + | 2662 | |
| 5417 | + | (iii) a purpose for which tangible personal property or a product transferred | |
| 5418 | + | 2663 | |
| 5419 | + | electronically is designed if that phrase has the same meaning in this Subsection | |
| 5420 | + | 2664 | |
| 5421 | + | (63) as in Subsection (24); | |
| 5422 | + | 2665 | |
| 5423 | + | (64) sales of disposable home medical equipment or supplies if: | |
| 5424 | + | 2666 | |
| 5425 | + | (a) a person presents a prescription for the disposable home medical equipment or | |
| 5426 | + | 2667 | |
| 5427 | + | supplies; | |
| 5428 | + | 2668 | |
| 5429 | + | (b) the disposable home medical equipment or supplies are used exclusively by the | |
| 5430 | + | 2669 | |
| 5431 | + | person to whom the prescription described in Subsection (64)(a) is issued; and | |
| 5432 | + | 2670 | |
| 5433 | + | (c) the disposable home medical equipment and supplies are listed as eligible for | |
| 5434 | + | 2671 | |
| 5435 | + | payment under: | |
| 5436 | + | 2672 | |
| 5437 | + | (i) Title XVIII, federal Social Security Act; or | |
| 5438 | + | 2673 | |
| 5439 | + | (ii) the state plan for medical assistance under Title XIX, federal Social Security Act; | |
| 5440 | + | 2674 | |
| 5441 | + | (65) sales: | |
| 5442 | + | 2675 | |
| 5443 | + | (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District | |
| 5444 | + | 2676 | |
| 5445 | + | Act; or | |
| 5446 | + | 2677 | |
| 5447 | + | (b) of tangible personal property to a subcontractor of a public transit district, if the | |
| 5448 | + | 2678 | |
| 5449 | + | tangible personal property is: | |
| 5450 | + | 2679 | |
| 5451 | + | (i) clearly identified; and | |
| 5452 | + | 2680 | |
| 5453 | + | (ii) installed or converted to real property owned by the public transit district; | |
| 5454 | + | 2681 | |
| 5455 | + | (66) sales of construction materials: | |
| 5456 | + | 2682 | |
| 5457 | + | (a) purchased on or after July 1, 2010; | |
| 5458 | + | - 79 - S.B. 337 02-26 10:50 | |
| 5459 | + | 2683 | |
| 5460 | + | (b) purchased by, on behalf of, or for the benefit of an international airport: | |
| 5461 | + | 2684 | |
| 5462 | + | (i) located within a county of the first class; and | |
| 5463 | + | 2685 | |
| 5464 | + | (ii) that has a United States customs office on its premises; and | |
| 5465 | + | 2686 | |
| 5466 | + | (c) if the construction materials are: | |
| 5467 | + | 2687 | |
| 5468 | + | (i) clearly identified; | |
| 5469 | + | 2688 | |
| 5470 | + | (ii) segregated; and | |
| 5471 | + | 2689 | |
| 5472 | + | (iii) installed or converted to real property: | |
| 5473 | + | 2690 | |
| 5474 | + | (A) owned or operated by the international airport described in Subsection (66)(b); | |
| 5475 | + | 2691 | |
| 5476 | + | and | |
| 5477 | + | 2692 | |
| 5478 | + | (B) located at the international airport described in Subsection (66)(b); | |
| 5479 | + | 2693 | |
| 5480 | + | (67) sales of construction materials: | |
| 5481 | + | 2694 | |
| 5482 | + | (a) purchased on or after July 1, 2008; | |
| 5483 | + | 2695 | |
| 5484 | + | (b) purchased by, on behalf of, or for the benefit of a new airport: | |
| 5485 | + | 2696 | |
| 5486 | + | (i) located within a county of the second class; and | |
| 5487 | + | 2697 | |
| 5488 | + | (ii) that is owned or operated by a city in which an airline as defined in Section | |
| 5489 | + | 2698 | |
| 5490 | + | 59-2-102 is headquartered; and | |
| 5491 | + | 2699 | |
| 5492 | + | (c) if the construction materials are: | |
| 5493 | + | 2700 | |
| 5494 | + | (i) clearly identified; | |
| 5495 | + | 2701 | |
| 5496 | + | (ii) segregated; and | |
| 5497 | + | 2702 | |
| 5498 | + | (iii) installed or converted to real property: | |
| 5499 | + | 2703 | |
| 5500 | + | (A) owned or operated by the new airport described in Subsection (67)(b); | |
| 5501 | + | 2704 | |
| 5502 | + | (B) located at the new airport described in Subsection (67)(b); and | |
| 5503 | + | 2705 | |
| 5504 | + | (C) as part of the construction of the new airport described in Subsection (67)(b); | |
| 5505 | + | 2706 | |
| 5506 | + | (68) except for the tax imposed by Subsection 59-12-103(2)(d), sales of fuel to a common | |
| 5507 | + | 2707 | |
| 5508 | + | carrier that is a railroad for use in a locomotive engine; | |
| 5509 | + | 2708 | |
| 5510 | + | (69) purchases and sales described in Section 63H-4-111; | |
| 5511 | + | 2709 | |
| 5512 | + | (70)(a) sales of tangible personal property to an aircraft maintenance, repair, and | |
| 5513 | + | 2710 | |
| 5514 | + | overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in | |
| 5515 | + | 2711 | |
| 5516 | + | this state of a fixed wing turbine powered aircraft if that fixed wing turbine powered | |
| 5517 | + | 2712 | |
| 5518 | + | aircraft's registration lists a state or country other than this state as the location of | |
| 5519 | + | 2713 | |
| 5520 | + | registry of the fixed wing turbine powered aircraft; or | |
| 5521 | + | 2714 | |
| 5522 | + | (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul | |
| 5523 | + | 2715 | |
| 5524 | + | provider in connection with the maintenance, repair, overhaul, or refurbishment in | |
| 5525 | + | 2716 | |
| 5526 | + | this state of a fixed wing turbine powered aircraft if that fixed wing turbine powered | |
| 5527 | + | - 80 - 02-26 10:50 S.B. 337 | |
| 5528 | + | 2717 | |
| 5529 | + | aircraft's registration lists a state or country other than this state as the location of | |
| 5530 | + | 2718 | |
| 5531 | + | registry of the fixed wing turbine powered aircraft; | |
| 5532 | + | 2719 | |
| 5533 | + | (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course: | |
| 5534 | + | 2720 | |
| 5535 | + | (a) to a person admitted to an institution of higher education; and | |
| 5536 | + | 2721 | |
| 5537 | + | (b) by a seller, other than a bookstore owned by an institution of higher education, if | |
| 5538 | + | 2722 | |
| 5539 | + | 51% or more of that seller's sales revenue for the previous calendar quarter are sales | |
| 5540 | + | 2723 | |
| 5541 | + | of a textbook for a higher education course; | |
| 5542 | + | 2724 | |
| 5543 | + | (72) a license fee or tax a municipality imposes in accordance with Subsection 10-1-203(5) | |
| 5544 | + | 2725 | |
| 5545 | + | on a purchaser from a business for which the municipality provides an enhanced level of | |
| 5546 | + | 2726 | |
| 5547 | + | municipal services; | |
| 5548 | + | 2727 | |
| 5549 | + | (73) amounts paid or charged for construction materials used in the construction of a new or | |
| 5550 | + | 2728 | |
| 5551 | + | expanding life science research and development facility in the state, if the construction | |
| 5552 | + | 2729 | |
| 5553 | + | materials are: | |
| 5554 | + | 2730 | |
| 5555 | + | (a) clearly identified; | |
| 5556 | + | 2731 | |
| 5557 | + | (b) segregated; and | |
| 5558 | + | 2732 | |
| 5559 | + | (c) installed or converted to real property; | |
| 5560 | + | 2733 | |
| 5561 | + | (74) amounts paid or charged for: | |
| 5562 | + | 2734 | |
| 5563 | + | (a) a purchase or lease of machinery and equipment that: | |
| 5564 | + | 2735 | |
| 5565 | + | (i) are used in performing qualified research: | |
| 5566 | + | 2736 | |
| 5567 | + | (A) as defined in Section 41(d), Internal Revenue Code; and | |
| 5568 | + | 2737 | |
| 5569 | + | (B) in the state; and | |
| 5570 | + | 2738 | |
| 5571 | + | (ii) have an economic life of three or more years; and | |
| 5572 | + | 2739 | |
| 5573 | + | (b) normal operating repair or replacement parts: | |
| 5574 | + | 2740 | |
| 5575 | + | (i) for the machinery and equipment described in Subsection (74)(a); and | |
| 5576 | + | 2741 | |
| 5577 | + | (ii) that have an economic life of three or more years; | |
| 5578 | + | 2742 | |
| 5579 | + | (75) a sale or lease of tangible personal property used in the preparation of prepared food if: | |
| 5580 | + | 2743 | |
| 5581 | + | (a) for a sale: | |
| 5582 | + | 2744 | |
| 5583 | + | (i) the ownership of the seller and the ownership of the purchaser are identical; and | |
| 5584 | + | 2745 | |
| 5585 | + | (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that | |
| 5586 | + | 2746 | |
| 5587 | + | tangible personal property prior to making the sale; or | |
| 5588 | + | 2747 | |
| 5589 | + | (b) for a lease: | |
| 5590 | + | 2748 | |
| 5591 | + | (i) the ownership of the lessor and the ownership of the lessee are identical; and | |
| 5592 | + | 2749 | |
| 5593 | + | (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that | |
| 5594 | + | 2750 | |
| 5595 | + | tangible personal property prior to making the lease; | |
| 5596 | + | - 81 - S.B. 337 02-26 10:50 | |
| 5597 | + | 2751 | |
| 5598 | + | (76)(a) purchases of machinery or equipment if: | |
| 5599 | + | 2752 | |
| 5600 | + | (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement, | |
| 5601 | + | 2753 | |
| 5602 | + | Gambling, and Recreation Industries, of the 2012 North American Industry | |
| 5603 | + | 2754 | |
| 5604 | + | Classification System of the federal Executive Office of the President, Office of | |
| 5605 | + | 2755 | |
| 5606 | + | Management and Budget; | |
| 5607 | + | 2756 | |
| 5608 | + | (ii) the machinery or equipment: | |
| 5609 | + | 2757 | |
| 5610 | + | (A) has an economic life of three or more years; and | |
| 5611 | + | 2758 | |
| 5612 | + | (B) is used by one or more persons who pay admission or user fees described in | |
| 5613 | + | 2759 | |
| 5614 | + | Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; | |
| 5615 | + | 2760 | |
| 5616 | + | and | |
| 5617 | + | 2761 | |
| 5618 | + | (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is: | |
| 5619 | + | 2762 | |
| 5620 | + | (A) amounts paid or charged as admission or user fees described in Subsection | |
| 5621 | + | 2763 | |
| 5622 | + | 59-12-103(1)(f); and | |
| 5623 | + | 2764 | |
| 5624 | + | (B) subject to taxation under this chapter; and | |
| 5625 | + | 2765 | |
| 5626 | + | (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the | |
| 5627 | + | 2766 | |
| 5628 | + | commission may make rules for verifying that 51% of a purchaser's sales revenue for | |
| 5629 | + | 2767 | |
| 5630 | + | the previous calendar quarter is: | |
| 5631 | + | 2768 | |
| 5632 | + | (i) amounts paid or charged as admission or user fees described in Subsection | |
| 5633 | + | 2769 | |
| 5634 | + | 59-12-103(1)(f); and | |
| 5635 | + | 2770 | |
| 5636 | + | (ii) subject to taxation under this chapter; | |
| 5637 | + | 2771 | |
| 5638 | + | (77) purchases of a short-term lodging consumable by a business that provides | |
| 5639 | + | 2772 | |
| 5640 | + | accommodations and services described in Subsection 59-12-103(1)(i); | |
| 5641 | + | 2773 | |
| 5642 | + | (78) amounts paid or charged to access a database: | |
| 5643 | + | 2774 | |
| 5644 | + | (a) if the primary purpose for accessing the database is to view or retrieve information | |
| 5645 | + | 2775 | |
| 5646 | + | from the database; and | |
| 5647 | + | 2776 | |
| 5648 | + | (b) not including amounts paid or charged for a: | |
| 5649 | + | 2777 | |
| 5650 | + | (i) digital audio work; | |
| 5651 | + | 2778 | |
| 5652 | + | (ii) digital audio-visual work; or | |
| 5653 | + | 2779 | |
| 5654 | + | (iii) digital book; | |
| 5655 | + | 2780 | |
| 5656 | + | (79) amounts paid or charged for a purchase or lease made by an electronic financial | |
| 5657 | + | 2781 | |
| 5658 | + | payment service, of: | |
| 5659 | + | 2782 | |
| 5660 | + | (a) machinery and equipment that: | |
| 5661 | + | 2783 | |
| 5662 | + | (i) are used in the operation of the electronic financial payment service; and | |
| 5663 | + | 2784 | |
| 5664 | + | (ii) have an economic life of three or more years; and | |
| 5665 | + | - 82 - 02-26 10:50 S.B. 337 | |
| 5666 | + | 2785 | |
| 5667 | + | (b) normal operating repair or replacement parts that: | |
| 5668 | + | 2786 | |
| 5669 | + | (i) are used in the operation of the electronic financial payment service; and | |
| 5670 | + | 2787 | |
| 5671 | + | (ii) have an economic life of three or more years; | |
| 5672 | + | 2788 | |
| 5673 | + | (80) sales of a fuel cell as defined in Section 54-15-102; | |
| 5674 | + | 2789 | |
| 5675 | + | (81) amounts paid or charged for a purchase or lease of tangible personal property or a | |
| 5676 | + | 2790 | |
| 5677 | + | product transferred electronically if the tangible personal property or product transferred | |
| 5678 | + | 2791 | |
| 5679 | + | electronically: | |
| 5680 | + | 2792 | |
| 5681 | + | (a) is stored, used, or consumed in the state; and | |
| 5682 | + | 2793 | |
| 5683 | + | (b) is temporarily brought into the state from another state: | |
| 5684 | + | 2794 | |
| 5685 | + | (i) during a disaster period as defined in Section 53-2a-1202; | |
| 5686 | + | 2795 | |
| 5687 | + | (ii) by an out-of-state business as defined in Section 53-2a-1202; | |
| 5688 | + | 2796 | |
| 5689 | + | (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and | |
| 5690 | + | 2797 | |
| 5691 | + | (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202; | |
| 5692 | + | 2798 | |
| 5693 | + | (82) sales of goods and services at a morale, welfare, and recreation facility, as defined in | |
| 5694 | + | 2799 | |
| 5695 | + | Section 39A-7-102, made pursuant to Title 39A, Chapter 7, Morale, Welfare, and | |
| 5696 | + | 2800 | |
| 5697 | + | Recreation Program; | |
| 5698 | + | 2801 | |
| 5699 | + | (83) amounts paid or charged for a purchase or lease of molten magnesium; | |
| 5700 | + | 2802 | |
| 5701 | + | (84) amounts paid or charged for a purchase or lease made by a qualifying data center or an | |
| 5702 | + | 2803 | |
| 5703 | + | occupant of a qualifying data center of machinery, equipment, or normal operating | |
| 5704 | + | 2804 | |
| 5705 | + | repair or replacement parts, if the machinery, equipment, or normal operating repair or | |
| 5706 | + | 2805 | |
| 5707 | + | replacement parts: | |
| 5708 | + | 2806 | |
| 5709 | + | (a) are used in: | |
| 5710 | + | 2807 | |
| 5711 | + | (i) the operation of the qualifying data center; or | |
| 5712 | + | 2808 | |
| 5713 | + | (ii) the occupant's operations in the qualifying data center; and | |
| 5714 | + | 2809 | |
| 5715 | + | (b) have an economic life of one or more years; | |
| 5716 | + | 2810 | |
| 5717 | + | (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a vehicle | |
| 5718 | + | 2811 | |
| 5719 | + | that includes cleaning or washing of the interior of the vehicle; | |
| 5720 | + | 2812 | |
| 5721 | + | (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal | |
| 5722 | + | 2813 | |
| 5723 | + | operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or | |
| 5724 | + | 2814 | |
| 5725 | + | supplies used or consumed: | |
| 5726 | + | 2815 | |
| 5727 | + | (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined | |
| 5728 | + | 2816 | |
| 5729 | + | in Section 79-6-701 located in the state; | |
| 5730 | + | 2817 | |
| 5731 | + | (b) if the machinery, equipment, normal operating repair or replacement parts, catalysts, | |
| 5732 | + | 2818 | |
| 5733 | + | chemicals, reagents, solutions, or supplies are used or consumed in: | |
| 5734 | + | - 83 - S.B. 337 02-26 10:50 | |
| 5735 | + | 2819 | |
| 5736 | + | (i) the production process to produce gasoline or diesel fuel, or at which blendstock is | |
| 5737 | + | 2820 | |
| 5738 | + | added to gasoline or diesel fuel; | |
| 5739 | + | 2821 | |
| 5740 | + | (ii) research and development; | |
| 5741 | + | 2822 | |
| 5742 | + | (iii) transporting, storing, or managing raw materials, work in process, finished | |
| 5743 | + | 2823 | |
| 5744 | + | products, and waste materials produced from refining gasoline or diesel fuel, or | |
| 5745 | + | 2824 | |
| 5746 | + | adding blendstock to gasoline or diesel fuel; | |
| 5747 | + | 2825 | |
| 5748 | + | (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in | |
| 5749 | + | 2826 | |
| 5750 | + | refining; or | |
| 5751 | + | 2827 | |
| 5752 | + | (v) preventing, controlling, or reducing pollutants from refining; and | |
| 5753 | + | 2828 | |
| 5754 | + | (c) if the person holds a valid refiner tax exemption certification as defined in Section | |
| 5755 | + | 2829 | |
| 5756 | + | 79-6-701; | |
| 5757 | + | 2830 | |
| 5758 | + | (87) amounts paid to or charged by a proprietor for accommodations and services, as | |
| 5759 | + | 2831 | |
| 5760 | + | defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations | |
| 5761 | + | 2832 | |
| 5762 | + | tax imposed under Section 63H-1-205; | |
| 5763 | + | 2833 | |
| 5764 | + | (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal | |
| 5765 | + | 2834 | |
| 5766 | + | operating repair or replacement parts, or materials, except for office equipment or office | |
| 5767 | + | 2835 | |
| 5768 | + | supplies, by an establishment, as the commission defines that term in accordance with | |
| 5769 | + | 2836 | |
| 5770 | + | Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: | |
| 5771 | + | 2837 | |
| 5772 | + | (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North | |
| 5773 | + | 2838 | |
| 5774 | + | American Industry Classification System of the federal Executive Office of the | |
| 5775 | + | 2839 | |
| 5776 | + | President, Office of Management and Budget; | |
| 5777 | + | 2840 | |
| 5778 | + | (b) is located in this state; and | |
| 5779 | + | 2841 | |
| 5780 | + | (c) uses the machinery, equipment, normal operating repair or replacement parts, or | |
| 5781 | + | 2842 | |
| 5782 | + | materials in the operation of the establishment; | |
| 5783 | + | 2843 | |
| 5784 | + | (89) amounts paid or charged for an item exempt under Section 59-12-104.10; | |
| 5785 | + | 2844 | |
| 5786 | + | (90) sales of a note, leaf, foil, or film, if the item: | |
| 5787 | + | 2845 | |
| 5788 | + | (a) is used as currency; | |
| 5789 | + | 2846 | |
| 5790 | + | (b) does not constitute legal tender of a state, the United States, or a foreign nation; and | |
| 5791 | + | 2847 | |
| 5792 | + | (c) has a gold, silver, or platinum metallic content of 50% or more, exclusive of any | |
| 5793 | + | 2848 | |
| 5794 | + | transparent polymer holder, coating, or encasement; | |
| 5795 | + | 2849 | |
| 5796 | + | (91) amounts paid or charged for admission to an indoor skydiving, rock climbing, or | |
| 5797 | + | 2850 | |
| 5798 | + | surfing facility, if a trained instructor: | |
| 5799 | + | 2851 | |
| 5800 | + | (a) is present with the participant, in person or by video, for the duration of the activity; | |
| 5801 | + | 2852 | |
| 5802 | + | and | |
| 5803 | + | - 84 - 02-26 10:50 S.B. 337 | |
| 5804 | + | 2853 | |
| 5805 | + | (b) actively instructs the participant, including providing observation or feedback; | |
| 5806 | + | 2854 | |
| 5807 | + | (92) amounts paid or charged in connection with the construction, operation, maintenance, | |
| 5808 | + | 2855 | |
| 5809 | + | repair, or replacement of facilities owned by or constructed for: | |
| 5810 | + | 2856 | |
| 5811 | + | (a) a distribution electrical cooperative, as defined in Section 54-2-1; or | |
| 5812 | + | 2857 | |
| 5813 | + | (b) a wholesale electrical cooperative, as defined in Section 54-2-1; | |
| 5814 | + | 2858 | |
| 5815 | + | (93) amounts paid by the service provider for tangible personal property, other than | |
| 5816 | + | 2859 | |
| 5817 | + | machinery, equipment, parts, office supplies, electricity, gas, heat, steam, or other fuels, | |
| 5818 | + | 2860 | |
| 5819 | + | that: | |
| 5820 | + | 2861 | |
| 5821 | + | (a) is consumed in the performance of a service that is subject to tax under Subsection | |
| 5822 | + | 2862 | |
| 5823 | + | 59-12-103(1)(b), (f), (g), (h), (i), or (j); | |
| 5824 | + | 2863 | |
| 5825 | + | (b) has to be consumed for the service provider to provide the service described in | |
| 5826 | + | 2864 | |
| 5827 | + | Subsection (93)(a); and | |
| 5828 | + | 2865 | |
| 5829 | + | (c) will be consumed in the performance of the service described in Subsection (93)(a), | |
| 5830 | + | 2866 | |
| 5831 | + | to one or more customers, to the point that the tangible personal property disappears | |
| 5832 | + | 2867 | |
| 5833 | + | or cannot be used for any other purpose; | |
| 5834 | + | 2868 | |
| 5835 | + | (94) sales of rail rolling stock manufactured in Utah; | |
| 5836 | + | 2869 | |
| 5837 | + | (95) amounts paid or charged for sales of sand, gravel, rock aggregate, cement products, or | |
| 5838 | + | 2870 | |
| 5839 | + | construction materials between establishments, as the commission defines that term in | |
| 5840 | + | 2871 | |
| 5841 | + | accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if: | |
| 5842 | + | 2872 | |
| 5843 | + | (a) the establishments are related directly or indirectly through 100% common | |
| 5844 | + | 2873 | |
| 5845 | + | ownership or control; and | |
| 5846 | + | 2874 | |
| 5847 | + | (b) each establishment is described in one of the following subsectors of the 2022 North | |
| 5848 | + | 2875 | |
| 5849 | + | American Industry Classification System of the federal Executive Office of the | |
| 5850 | + | 2876 | |
| 5851 | + | President, Office of Management and Budget: | |
| 5852 | + | 2877 | |
| 5853 | + | (i) NAICS Subsector 237, Heavy and Civil Engineering Construction; or | |
| 5854 | + | 2878 | |
| 5855 | + | (ii) NAICS Subsector 327, Nonmetallic Mineral Product Manufacturing; | |
| 5856 | + | 2879 | |
| 5857 | + | (96) sales of construction materials used for the construction of a qualified stadium, as | |
| 5858 | + | 2880 | |
| 5859 | + | defined in Section 11-70-101; [and] | |
| 5860 | + | 2881 | |
| 5861 | + | (97) amounts paid or charged for sales of a cannabinoid product as that term is defined in | |
| 5862 | + | 2882 | |
| 5863 | + | Section 4-41-102[.] ; and | |
| 5864 | + | 2883 | |
| 5865 | + | (98) sales of construction materials used for the construction of a structure or facility within | |
| 5866 | + | 2884 | |
| 5867 | + | a project area approved by the Beehive Development Agency created in Section | |
| 5868 | + | 2885 | |
| 5869 | + | 11-71-201, if the Beehive Development Agency board approves the construction and | |
| 5870 | + | 2886 | |
| 5871 | + | establishes a delivery outlet with the commission. | |
| 5872 | + | - 85 - S.B. 337 02-26 10:50 | |
| 5873 | + | 2887 | |
| 5874 | + | Section 44. Section 59-12-205 is amended to read: | |
| 5875 | + | 2888 | |
| 5876 | + | 59-12-205 (Effective 01/01/26). Ordinances to conform with statutory | |
| 5877 | + | 2889 | |
| 5878 | + | amendments -- Distribution of tax revenue -- Determination of population. | |
| 5879 | + | 2890 | |
| 5880 | + | (1) To maintain in effect sales and use tax ordinances adopted pursuant to Section | |
| 5881 | + | 2891 | |
| 5882 | + | 59-12-204, a county, city, or town shall adopt amendments to the county's, city's, or | |
| 5883 | + | 2892 | |
| 5884 | + | town's sales and use tax ordinances: | |
| 5885 | + | 2893 | |
| 5886 | + | (a) within 30 days of the day on which the state makes an amendment to an applicable | |
| 5887 | + | 2894 | |
| 5888 | + | provision of Part 1, Tax Collection; and | |
| 5889 | + | 2895 | |
| 5890 | + | (b) as required to conform to the amendments to Part 1, Tax Collection. | |
| 5891 | + | 2896 | |
| 5892 | + | (2)(a) Except as provided in Subsections (3) and (4) and subject to Subsection (5): | |
| 5893 | + | 2897 | |
| 5894 | + | (i) 50% of each dollar collected from the sales and use tax authorized by this part | |
| 5895 | + | 2898 | |
| 5896 | + | shall be distributed to each county, city, and town on the basis of the percentage | |
| 5897 | + | 2899 | |
| 5898 | + | that the population of the county, city, or town bears to the total population of all | |
| 5899 | + | 2900 | |
| 5900 | + | counties, cities, and towns in the state; and | |
| 5901 | + | 2901 | |
| 5902 | + | (ii)(A) except as provided in Subsections (2)(a)(ii)(B), (C), [and] (D), and (E), | |
| 5903 | + | 2902 | |
| 5904 | + | 50% of each dollar collected from the sales and use tax authorized by this part | |
| 5905 | + | 2903 | |
| 5906 | + | shall be distributed to each county, city, and town on the basis of the location | |
| 5907 | + | 2904 | |
| 5908 | + | of the transaction as determined under Sections 59-12-211 through 59-12-215; | |
| 5909 | + | 2905 | |
| 5910 | + | (B) except as provided in Subsections (7) and (8), 50% of each dollar collected | |
| 5911 | + | 2906 | |
| 5912 | + | from the sales and use tax authorized by this part within a project area | |
| 5913 | + | 2907 | |
| 5914 | + | described in a project area plan adopted by the military installation | |
| 5915 | + | 2908 | |
| 5916 | + | development authority under Title 63H, Chapter 1, Military Installation | |
| 5917 | + | 2909 | |
| 5918 | + | Development Authority Act, shall be distributed to the military installation | |
| 5919 | + | 2910 | |
| 5920 | + | development authority created in Section 63H-1-201; | |
| 5921 | + | 2911 | |
| 5922 | + | (C) except as provided in Subsections (7) and (8), beginning July 1, 2024, 20% of | |
| 5923 | + | 2912 | |
| 5924 | + | each dollar collected from the sales and use tax authorized by this part within a | |
| 5925 | + | 2913 | |
| 5926 | + | project area under Title 11, Chapter 58, Utah Inland Port Authority Act, shall | |
| 5927 | + | 2914 | |
| 5928 | + | be distributed to the Utah Inland Port Authority, created in Section 11-58-201; [ | |
| 5929 | + | 2915 | |
| 5930 | + | and] | |
| 5931 | + | 2916 | |
| 5932 | + | (D) except as provided in Subsections (7) and (8), 50% of each dollar collected | |
| 5933 | + | 2917 | |
| 5934 | + | from the sales and use tax authorized by this part within the lake authority | |
| 5935 | + | 2918 | |
| 5936 | + | boundary, as defined in Section 11-65-101, shall be distributed to the Utah | |
| 5937 | + | 2919 | |
| 5938 | + | Lake Authority, created in Section 11-65-201, beginning the next full calendar | |
| 5939 | + | 2920 | |
| 5940 | + | quarter following the creation of the Utah Lake Authority[.] ; and | |
| 5941 | + | - 86 - 02-26 10:50 S.B. 337 | |
| 5942 | + | 2921 | |
| 5943 | + | (E) except as provided in Subsections (7) and (8), 50% of each dollar collected | |
| 5944 | + | 2922 | |
| 5945 | + | from the sales and use tax authorized by this part within a sales and use tax | |
| 5946 | + | 2923 | |
| 5947 | + | boundary, as defined in Section 11-71-101, shall be distributed to the Beehive | |
| 5948 | + | 2924 | |
| 5949 | + | Development Agency for a project area approved by the Beehive Development | |
| 5950 | + | 2925 | |
| 5951 | + | Agency board beginning the next full calendar quarter following the creation of | |
| 5952 | + | 2926 | |
| 5953 | + | the project area. | |
| 5954 | + | 2927 | |
| 5955 | + | (b) Subsection (2)(a)(ii)(C) does not apply to sales and use tax revenue collected before | |
| 5956 | + | 2928 | |
| 5957 | + | July 1, 2022. | |
| 5958 | + | 2929 | |
| 5959 | + | (3)(a) As used in this Subsection (3): | |
| 5960 | + | 2930 | |
| 5961 | + | (i) "Eligible county, city, or town" means a county, city, or town that: | |
| 5962 | + | 2931 | |
| 5963 | + | (A) for fiscal year 2012-13, received a tax revenue distribution under Subsection | |
| 5964 | + | 2932 | |
| 5965 | + | (3)(b) equal to the amount described in Subsection (3)(b)(ii); and | |
| 5966 | + | 2933 | |
| 5967 | + | (B) does not impose a sales and use tax under Section 59-12-2103 on or before | |
| 5968 | + | 2934 | |
| 5969 | + | July 1, 2016. | |
| 5970 | + | 2935 | |
| 5971 | + | (ii) "Minimum tax revenue distribution" means the total amount of tax revenue | |
| 5972 | + | 2936 | |
| 5973 | + | distributions an eligible county, city, or town received from a tax imposed in | |
| 5974 | + | 2937 | |
| 5975 | + | accordance with this part for fiscal year 2004-05. | |
| 5976 | + | 2938 | |
| 5977 | + | (b) An eligible county, city, or town shall receive a tax revenue distribution for a tax | |
| 5978 | + | 2939 | |
| 5979 | + | imposed in accordance with this part equal to the greater of: | |
| 5980 | + | 2940 | |
| 5981 | + | (i) the payment required by Subsection (2); or | |
| 5982 | + | 2941 | |
| 5983 | + | (ii) the minimum tax revenue distribution. | |
| 5984 | + | 2942 | |
| 5985 | + | (4)(a) For purposes of this Subsection (4): | |
| 5986 | + | 2943 | |
| 5987 | + | (i) "Annual local contribution" means the lesser of $275,000 or an amount equal to | |
| 5988 | + | 2944 | |
| 5989 | + | 2.55% of the participating local government's tax revenue distribution amount | |
| 5990 | + | 2945 | |
| 5991 | + | under Subsection (2)(a)(i) for the previous fiscal year. | |
| 5992 | + | 2946 | |
| 5993 | + | (ii) "Participating local government" means a county or municipality, as defined in | |
| 5994 | + | 2947 | |
| 5995 | + | Section 10-1-104, that is not an eligible municipality certified in accordance with | |
| 5996 | + | 2948 | |
| 5997 | + | Section 35A-16-404. | |
| 5998 | + | 2949 | |
| 5999 | + | (b) For revenue collected from the tax authorized by this part that is distributed on or | |
| 6000 | + | 2950 | |
| 6001 | + | after January 1, 2019, the commission, before making a tax revenue distribution | |
| 6002 | + | 2951 | |
| 6003 | + | under Subsection (2)(a)(i) to a participating local government, shall: | |
| 6004 | + | 2952 | |
| 6005 | + | (i) adjust a participating local government's tax revenue distribution under Subsection | |
| 6006 | + | 2953 | |
| 6007 | + | (2)(a)(i) by: | |
| 6008 | + | 2954 | |
| 6009 | + | (A) subtracting an amount equal to one-twelfth of the annual local contribution for | |
| 6010 | + | - 87 - S.B. 337 02-26 10:50 | |
| 6011 | + | 2955 | |
| 6012 | + | each participating local government from the participating local government's | |
| 6013 | + | 2956 | |
| 6014 | + | tax revenue distribution; and | |
| 6015 | + | 2957 | |
| 6016 | + | (B) if applicable, reducing the amount described in Subsection (4)(b)(i)(A) by an | |
| 6017 | + | 2958 | |
| 6018 | + | amount equal to one-twelfth of $250 for each bed that is available at all | |
| 6019 | + | 2959 | |
| 6020 | + | homeless shelters located within the boundaries of the participating local | |
| 6021 | + | 2960 | |
| 6022 | + | government, as reported to the commission by the Office of Homeless Services | |
| 6023 | + | 2961 | |
| 6024 | + | in accordance with Section 35A-16-405; and | |
| 6025 | + | 2962 | |
| 6026 | + | (ii) deposit the resulting amount described in Subsection (4)(b)(i) into the Homeless | |
| 6027 | + | 2963 | |
| 6028 | + | Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. | |
| 6029 | + | 2964 | |
| 6030 | + | (c) For a participating local government that qualifies to receive a distribution described | |
| 6031 | + | 2965 | |
| 6032 | + | in Subsection (3), the commission shall apply the provisions of this Subsection (4) | |
| 6033 | + | 2966 | |
| 6034 | + | after the commission applies the provisions of Subsection (3). | |
| 6035 | + | 2967 | |
| 6036 | + | (5)(a) As used in this Subsection (5): | |
| 6037 | + | 2968 | |
| 6038 | + | (i) "Annual dedicated sand and gravel sales tax revenue" means an amount equal to | |
| 6039 | + | 2969 | |
| 6040 | + | the total revenue an establishment described in NAICS Code 327320, Ready-Mix | |
| 6041 | + | 2970 | |
| 6042 | + | Concrete Manufacturing, of the 2022 North American Industry Classification | |
| 6043 | + | 2971 | |
| 6044 | + | System of the federal Executive Office of the President, Office of Management | |
| 6045 | + | 2972 | |
| 6046 | + | and Budget, collects and remits under this part for a calendar year. | |
| 6047 | + | 2973 | |
| 6048 | + | (ii) "Sand and gravel" means sand, gravel, or a combination of sand and gravel. | |
| 6049 | + | 2974 | |
| 6050 | + | (iii) "Sand and gravel extraction site" means a pit, quarry, or deposit that: | |
| 6051 | + | 2975 | |
| 6052 | + | (A) contains sand and gravel; and | |
| 6053 | + | 2976 | |
| 6054 | + | (B) is assessed by the commission in accordance with Section 59-2-201. | |
| 6055 | + | 2977 | |
| 6056 | + | (iv) "Ton" means a short ton of 2,000 pounds. | |
| 6057 | + | 2978 | |
| 6058 | + | (v) "Tonnage ratio" means the ratio of: | |
| 6059 | + | 2979 | |
| 6060 | + | (A) the total amount of sand and gravel, measured in tons, sold during a calendar | |
| 6061 | + | 2980 | |
| 6062 | + | year from all sand and gravel extraction sites located within a county, city, or | |
| 6063 | + | 2981 | |
| 6064 | + | town; to | |
| 6065 | + | 2982 | |
| 6066 | + | (B) the total amount of sand and gravel, measured in tons, sold during the same | |
| 6067 | + | 2983 | |
| 6068 | + | calendar year from sand and gravel extraction sites statewide. | |
| 6069 | + | 2984 | |
| 6070 | + | (b) For purposes of calculating the ratio described in Subsection (5)(a)(v), the | |
| 6071 | + | 2985 | |
| 6072 | + | commission shall: | |
| 6073 | + | 2986 | |
| 6074 | + | (i) use the gross sales data provided to the commission as part of the commission's | |
| 6075 | + | 2987 | |
| 6076 | + | property tax valuation process; and | |
| 6077 | + | 2988 | |
| 6078 | + | (ii) if a sand and gravel extraction site operates as a unit across municipal or county | |
| 6079 | + | - 88 - 02-26 10:50 S.B. 337 | |
| 6080 | + | 2989 | |
| 6081 | + | lines, apportion the reported tonnage among the counties, cities, or towns based on | |
| 6082 | + | 2990 | |
| 6083 | + | the percentage of the sand and gravel extraction site located in each county, city, | |
| 6084 | + | 2991 | |
| 6085 | + | or town, as approximated by the commission. | |
| 6086 | + | 2992 | |
| 6087 | + | (c)(i) Beginning July 2023, and each July thereafter, the commission shall distribute | |
| 6088 | + | 2993 | |
| 6089 | + | from total collections under this part an amount equal to the annual dedicated sand | |
| 6090 | + | 2994 | |
| 6091 | + | and gravel sales tax revenue for the preceding calendar year to each county, city, | |
| 6092 | + | 2995 | |
| 6093 | + | or town in the same proportion as the county's, city's, or town's tonnage ratio for | |
| 6094 | + | 2996 | |
| 6095 | + | the preceding calendar year. | |
| 6096 | + | 2997 | |
| 6097 | + | (ii) The commission shall ensure that the revenue distributed under this Subsection | |
| 6098 | + | 2998 | |
| 6099 | + | (5)(c) is drawn from each jurisdiction's collections in proportion to the | |
| 6100 | + | 2999 | |
| 6101 | + | jurisdiction's share of total collections for the preceding 12-month period. | |
| 6102 | + | 3000 | |
| 6103 | + | (d) A county, city, or town shall use revenue described in Subsection (5)(c) for class B | |
| 6104 | + | 3001 | |
| 6105 | + | or class C roads. | |
| 6106 | + | 3002 | |
| 6107 | + | (6)(a) Population figures for purposes of this section shall be based on the most recent | |
| 6108 | + | 3003 | |
| 6109 | + | official census or census estimate of the United States Bureau of the Census. | |
| 6110 | + | 3004 | |
| 6111 | + | (b) If a needed population estimate is not available from the United States Bureau of the | |
| 6112 | + | 3005 | |
| 6113 | + | Census, population figures shall be derived from the estimate from the Utah | |
| 6114 | + | 3006 | |
| 6115 | + | Population Committee. | |
| 6116 | + | 3007 | |
| 6117 | + | (c) The population of a county for purposes of this section shall be determined only from | |
| 6118 | + | 3008 | |
| 6119 | + | the unincorporated area of the county. | |
| 6120 | + | 3009 | |
| 6121 | + | (7)(a) As used in this Subsection (7): | |
| 6122 | + | 3010 | |
| 6123 | + | (i) "Applicable percentage" means, for a project area under Title 11, Chapter 71, | |
| 6124 | + | 3011 | |
| 6125 | + | Beehive Development Agency Act, for sales occurring within a qualified | |
| 6126 | + | 3012 | |
| 6127 | + | development zone described in Subsection (7)(a)(ii), 50% of the revenue from the | |
| 6128 | + | 3013 | |
| 6129 | + | sales and use tax under this part. | |
| 6130 | + | 3014 | |
| 6131 | + | (ii) "Qualified development zone" means the sales and use tax boundary a project | |
| 6132 | + | 3015 | |
| 6133 | + | area under Title 11, Chapter 71, Beehive Development Agency Act. | |
| 6134 | + | 3016 | |
| 6135 | + | (iii) "Qualifying construction materials" means construction materials that are: | |
| 6136 | + | 3017 | |
| 6137 | + | (A) delivered to a delivery outlet within a qualified development zone; and | |
| 6138 | + | 3018 | |
| 6139 | + | (B) intended to be permanently attached to real property within the qualified | |
| 6140 | + | 3019 | |
| 6141 | + | development zone. | |
| 6142 | + | 3020 | |
| 6143 | + | (b) For a sale of qualifying construction materials, the commission shall distribute the | |
| 6144 | + | 3021 | |
| 6145 | + | product calculated in Subsection (7)(c) to the Beehive Development Agency for a | |
| 6146 | + | 3022 | |
| 6147 | + | qualified development zone if the seller of the construction materials: | |
| 6148 | + | - 89 - S.B. 337 02-26 10:50 | |
| 6149 | + | 3023 | |
| 6150 | + | (i) establishes a delivery outlet with the commission within the qualified development | |
| 6151 | + | 3024 | |
| 6152 | + | zone; | |
| 6153 | + | 3025 | |
| 6154 | + | (ii) reports the sales of the construction materials to the delivery outlet described in | |
| 6155 | + | 3026 | |
| 6156 | + | Subsection (7)(b)(i); and | |
| 6157 | + | 3027 | |
| 6158 | + | (iii) does not report the sales of the construction materials on a simplified electronic | |
| 6159 | + | 3028 | |
| 6160 | + | return. | |
| 6161 | + | 3029 | |
| 6162 | + | (c) For the purposes of Subsection (7)(b), the product is equal to: | |
| 6163 | + | 3030 | |
| 6164 | + | (i) the sales price or purchase price of the qualifying construction materials; and | |
| 6165 | + | 3031 | |
| 6166 | + | (ii) the applicable percentage. | |
| 6167 | + | 3032 | |
| 6168 | + | (d) If an amount of revenue is distributed pertaining to a qualified construction material | |
| 6169 | + | 3033 | |
| 6170 | + | transaction pursuant to Subsection (7)(b), the distribution under Subsection | |
| 6171 | + | 3034 | |
| 6172 | + | (2)(a)(ii)(E) is satisfied for that transaction. | |
| 6173 | + | 3035 | |
| 6174 | + | (8)(a) As used in this Subsection (8): | |
| 6175 | + | 3036 | |
| 6176 | + | (i) "Qualified development zone" means the same as that term is defined in | |
| 6177 | + | 3037 | |
| 6178 | + | Subsection (7). | |
| 6179 | + | 3038 | |
| 6180 | + | (ii) "Schedule J sale" means a sale reported on State Tax Commission Form TC-62M, | |
| 6181 | + | 3039 | |
| 6182 | + | Schedule J or a substantially similar form as designated by the commission. | |
| 6183 | + | 3040 | |
| 6184 | + | (b) Revenue generated by a Schedule J sale within a qualified development zone shall be | |
| 6185 | + | 3041 | |
| 6186 | + | distributed to the jurisdiction that would have received the revenue in the absence of | |
| 6187 | + | 3042 | |
| 6188 | + | the qualified development zone. | |
| 6189 | + | 3043 | |
| 6190 | + | Section 45. Section 59-12-352 is amended to read: | |
| 6191 | + | 3044 | |
| 2824 | 6192 | 59-12-352 (Effective 01/01/26). Transient room tax authority for municipalities | |
| 2825 | - | ||
| 6193 | + | 3045 | |
| 2826 | 6194 | and certain authorities -- Purposes for which revenues may be used. | |
| 2827 | - | ||
| 6195 | + | 3046 | |
| 2828 | 6196 | (1)(a) Except as provided in Subsection (5), the governing body of a municipality may | |
| 2829 | - | ||
| 6197 | + | 3047 | |
| 2830 | 6198 | impose a tax of not to exceed 1% on charges for the accommodations and services | |
| 2831 | - | - 41 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2832 | - | 1388 | |
| 6199 | + | 3048 | |
| 2833 | 6200 | described in Subsection 59-12-103(1)(i). | |
| 2834 | - | ||
| 6201 | + | 3049 | |
| 2835 | 6202 | (b) Subject to Section 63H-1-203, the military installation development authority created | |
| 2836 | - | ||
| 6203 | + | 3050 | |
| 2837 | 6204 | in Section 63H-1-201 may impose a tax under this section for accommodations and | |
| 2838 | - | ||
| 6205 | + | 3051 | |
| 2839 | 6206 | services described in Subsection 59-12-103(1)(i) within a project area described in a | |
| 2840 | - | ||
| 6207 | + | 3052 | |
| 2841 | 6208 | project area plan adopted by the authority under Title 63H, Chapter 1, Military | |
| 2842 | - | ||
| 6209 | + | 3053 | |
| 2843 | 6210 | Installation Development Authority Act, as though the authority were a municipality. | |
| 2844 | - | ||
| 6211 | + | 3054 | |
| 2845 | 6212 | (c) Beginning October 1, 2024, the Utah Fairpark Area Investment and Restoration | |
| 2846 | - | ||
| 6213 | + | 3055 | |
| 2847 | 6214 | District, created in Section 11-70-201, may impose a tax under this section for | |
| 2848 | - | ||
| 6215 | + | 3056 | |
| 2849 | 6216 | accommodations and services described in Subsection 59-12-103(1)(i) within the | |
| 2850 | - | 1397 | |
| 6217 | + | - 90 - 02-26 10:50 S.B. 337 | |
| 6218 | + | 3057 | |
| 2851 | 6219 | district sales tax area, as defined in Section 11-70-101, to the same extent and in the | |
| 2852 | - | ||
| 6220 | + | 3058 | |
| 2853 | 6221 | same manner as a municipality may impose a tax under this section. | |
| 2854 | - | ||
| 6222 | + | 3059 | |
| 2855 | 6223 | (d) Beginning January 1, 2026, the Beehive Development Agency may impose a tax | |
| 2856 | - | ||
| 6224 | + | 3060 | |
| 2857 | 6225 | under this section for accommodations and services described in Subsection | |
| 2858 | - | ||
| 6226 | + | 3061 | |
| 2859 | 6227 | 59-12-103(1)(i) within a project area established by the Beehive Development | |
| 2860 | - | ||
| 6228 | + | 3062 | |
| 2861 | 6229 | Agency Board: | |
| 2862 | - | ||
| 6230 | + | 3063 | |
| 2863 | 6231 | (i) to the same extent and in the same manner as a municipality may impose a tax | |
| 2864 | - | ||
| 6232 | + | 3064 | |
| 2865 | 6233 | under this section; and | |
| 2866 | - | ||
| 6234 | + | 3065 | |
| 2867 | 6235 | (ii) as described in Subsection (7). | |
| 2868 | - | ||
| 6236 | + | 3066 | |
| 2869 | 6237 | (2) Subject to the limitations of Subsection (1), a governing body of a municipality may, by | |
| 2870 | - | ||
| 6238 | + | 3067 | |
| 2871 | 6239 | ordinance, increase or decrease the tax under this part. | |
| 2872 | - | ||
| 6240 | + | 3068 | |
| 2873 | 6241 | (3) A governing body of a municipality shall regulate the tax under this part by ordinance. | |
| 2874 | - | ||
| 6242 | + | 3069 | |
| 2875 | 6243 | (4) A municipality may use revenues generated by the tax under this part for general fund | |
| 2876 | - | ||
| 6244 | + | 3070 | |
| 2877 | 6245 | purposes. | |
| 2878 | - | ||
| 6246 | + | 3071 | |
| 2879 | 6247 | (5)(a) A municipality may not impose a tax under this section for accommodations and | |
| 2880 | - | ||
| 6248 | + | 3072 | |
| 2881 | 6249 | services described in Subsection 59-12-103(1)(i) within a project area described in a | |
| 2882 | - | ||
| 6250 | + | 3073 | |
| 2883 | 6251 | project area plan adopted by[ ]: | |
| 2884 | - | ||
| 6252 | + | 3074 | |
| 2885 | 6253 | (i) the military installation development authority under Title 63H, Chapter 1, | |
| 2886 | - | ||
| 6254 | + | 3075 | |
| 2887 | 6255 | Military Installation Development Authority Act; [or] | |
| 2888 | - | ||
| 6256 | + | 3076 | |
| 2889 | 6257 | (ii) the Utah Fairpark Area Investment and Restoration District under Title 11, | |
| 2890 | - | ||
| 6258 | + | 3077 | |
| 2891 | 6259 | Chapter 70, Utah Fairpark Area Investment and Restoration District[.] ; or | |
| 2892 | - | ||
| 6260 | + | 3078 | |
| 2893 | 6261 | (iii) the Beehive Development Agency created in Section 11-71-201. | |
| 2894 | - | ||
| 6262 | + | 3079 | |
| 2895 | 6263 | (b) Subsection (5)(a) does not apply to the military installation development authority's | |
| 2896 | - | ||
| 6264 | + | 3080 | |
| 2897 | 6265 | imposition of a tax under this section. | |
| 2898 | - | ||
| 6266 | + | 3081 | |
| 2899 | 6267 | (6)(a) As used in this Subsection (6): | |
| 2900 | - | - 42 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 2901 | - | 1422 | |
| 6268 | + | 3082 | |
| 2902 | 6269 | (i) "Authority" means the Point of the Mountain State Land Authority, created in | |
| 2903 | - | ||
| 6270 | + | 3083 | |
| 2904 | 6271 | Section 11-59-201. | |
| 2905 | - | ||
| 6272 | + | 3084 | |
| 2906 | 6273 | (ii) "Authority board" means the board referred to in Section 11-59-301. | |
| 2907 | - | ||
| 6274 | + | 3085 | |
| 2908 | 6275 | (b) The authority may, by a resolution adopted by the authority board, impose a tax of | |
| 2909 | - | ||
| 6276 | + | 3086 | |
| 2910 | 6277 | not to exceed 5% on charges for the accommodations and services described in | |
| 2911 | - | ||
| 6278 | + | 3087 | |
| 2912 | 6279 | Subsection 59-12-103(1)(i) for transactions that occur on point of the mountain state | |
| 2913 | - | ||
| 6280 | + | 3088 | |
| 2914 | 6281 | land, as defined in Section 11-59-102. | |
| 2915 | - | ||
| 6282 | + | 3089 | |
| 2916 | 6283 | (c) The authority board, by resolution, shall regulate the tax under this Subsection (6). | |
| 2917 | - | ||
| 6284 | + | 3090 | |
| 2918 | 6285 | (d) The authority shall use all revenue from a tax imposed under this Subsection (6) to | |
| 2919 | - | 1431 | |
| 6286 | + | - 91 - S.B. 337 02-26 10:50 | |
| 6287 | + | 3091 | |
| 2920 | 6288 | provide affordable housing, consistent with the manner that a community | |
| 2921 | - | ||
| 6289 | + | 3092 | |
| 2922 | 6290 | reinvestment agency uses funds for income targeted housing under Section 17C-1-412. | |
| 2923 | - | ||
| 6291 | + | 3093 | |
| 2924 | 6292 | (e) A tax under this Subsection (6) is in addition to any other tax that may be imposed | |
| 2925 | - | ||
| 6293 | + | 3094 | |
| 2926 | 6294 | under this part. | |
| 2927 | - | ||
| 6295 | + | 3095 | |
| 2928 | 6296 | (7)(a) The Beehive Development Agency Board may impose a tax of not to exceed 5% | |
| 2929 | - | ||
| 6297 | + | 3096 | |
| 2930 | 6298 | on charges for the accommodations and services described in Subsection | |
| 2931 | - | ||
| 6299 | + | 3097 | |
| 2932 | 6300 | 59-12-103(1)(i) for transactions that occur within a project area. | |
| 2933 | - | ||
| 6301 | + | 3098 | |
| 2934 | 6302 | (b) Revenue generated by a tax imposed under this Subsection (7): | |
| 2935 | - | ||
| 6303 | + | 3099 | |
| 2936 | 6304 | (i) shall be distributed to the Beehive Development Agency; and | |
| 2937 | - | ||
| 6305 | + | 3100 | |
| 2938 | 6306 | (ii) constitutes project area funds, to be managed and expended as described in | |
| 2939 | - | ||
| 6307 | + | 3101 | |
| 2940 | 6308 | Section 11-71-501. | |
| 2941 | - | ||
| 6309 | + | 3102 | |
| 2942 | 6310 | (c) A tax under this Subsection (7) is in addition to any other tax that may be imposed | |
| 2943 | - | ||
| 6311 | + | 3103 | |
| 2944 | 6312 | under this part. | |
| 2945 | - | ||
| 2946 | - | Section | |
| 2947 | - | ||
| 6313 | + | 3104 | |
| 6314 | + | Section 46. Section 59-12-354 is amended to read: | |
| 6315 | + | 3105 | |
| 2948 | 6316 | 59-12-354 (Effective 01/01/26). Collection of tax -- Administrative charge. | |
| 2949 | - | ||
| 6317 | + | 3106 | |
| 2950 | 6318 | (1) Except as provided in Subsections (2) and (3), the tax authorized under this part shall be | |
| 2951 | - | ||
| 6319 | + | 3107 | |
| 2952 | 6320 | administered, collected, and enforced in accordance with: | |
| 2953 | - | ||
| 6321 | + | 3108 | |
| 2954 | 6322 | (a) the same procedures used to administer, collect, and enforce the tax under: | |
| 2955 | - | ||
| 6323 | + | 3109 | |
| 2956 | 6324 | (i) Part 1, Tax Collection; or | |
| 2957 | - | ||
| 6325 | + | 3110 | |
| 2958 | 6326 | (ii) Part 2, Local Sales and Use Tax Act; and | |
| 2959 | - | ||
| 6327 | + | 3111 | |
| 2960 | 6328 | (b) Chapter 1, General Taxation Policies. | |
| 2961 | - | ||
| 6329 | + | 3112 | |
| 2962 | 6330 | (2)(a) The location of a transaction shall be determined in accordance with Sections | |
| 2963 | - | ||
| 6331 | + | 3113 | |
| 2964 | 6332 | 59-12-211 through 59-12-215. | |
| 2965 | - | ||
| 6333 | + | 3114 | |
| 2966 | 6334 | (b) Except as provided in Subsection (2)(c), the commission shall distribute the revenue | |
| 2967 | - | ||
| 6335 | + | 3115 | |
| 2968 | 6336 | collected from the tax to: | |
| 2969 | - | - 43 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 2970 | - | 1456 | |
| 6337 | + | 3116 | |
| 2971 | 6338 | (i)(A) the municipality within which the revenue was collected, for a tax imposed | |
| 2972 | - | ||
| 6339 | + | 3117 | |
| 2973 | 6340 | under this part by a municipality; or | |
| 2974 | - | ||
| 6341 | + | 3118 | |
| 2975 | 6342 | (B) the Utah Fairpark Area Investment and Restoration District, for a tax imposed | |
| 2976 | - | ||
| 6343 | + | 3119 | |
| 2977 | 6344 | under this part by the Utah Fairpark Area Investment and Restoration District; [ | |
| 2978 | - | ||
| 6345 | + | 3120 | |
| 2979 | 6346 | and] | |
| 2980 | - | ||
| 6347 | + | 3121 | |
| 2981 | 6348 | (ii) the Point of the Mountain State Land Authority, for a tax imposed under | |
| 2982 | - | ||
| 6349 | + | 3122 | |
| 2983 | 6350 | Subsection 59-12-352(6)[.] ; and | |
| 2984 | - | ||
| 6351 | + | 3123 | |
| 2985 | 6352 | (iii) the Beehive Development Agency, for a tax imposed under Subsection | |
| 2986 | - | ||
| 6353 | + | 3124 | |
| 2987 | 6354 | 59-12-352(7). | |
| 2988 | - | 1465 | |
| 6355 | + | - 92 - 02-26 10:50 S.B. 337 | |
| 6356 | + | 3125 | |
| 2989 | 6357 | (c) The commission shall retain and deposit an administrative charge in accordance with | |
| 2990 | - | ||
| 6358 | + | 3126 | |
| 2991 | 6359 | Section 59-1-306 from the revenue the commission collects from a tax under this part. | |
| 2992 | - | ||
| 6360 | + | 3127 | |
| 2993 | 6361 | (3) A tax under this part is not subject to Section 59-12-107.1 or 59-12-123 or Subsections | |
| 2994 | - | ||
| 6362 | + | 3128 | |
| 2995 | 6363 | 59-12-205(2) through (5). | |
| 2996 | - | ||
| 2997 | - | Section | |
| 2998 | - | ||
| 6364 | + | 3129 | |
| 6365 | + | Section 47. Section 59-12-401 is amended to read: | |
| 6366 | + | 3130 | |
| 2999 | 6367 | 59-12-401 (Effective 01/01/26). Resort communities tax authority for cities, | |
| 3000 | - | ||
| 6368 | + | 3131 | |
| 3001 | 6369 | towns, and certain authorities -- Base -- Rate -- Collection fees. | |
| 3002 | - | ||
| 6370 | + | 3132 | |
| 3003 | 6371 | (1)(a) In addition to other sales and use taxes, a city or town in which the transient room | |
| 3004 | - | ||
| 6372 | + | 3133 | |
| 3005 | 6373 | capacity as defined in Section 59-12-405 is greater than or equal to 66% of the | |
| 3006 | - | ||
| 6374 | + | 3134 | |
| 3007 | 6375 | municipality's permanent census population may impose a sales and use tax of up to | |
| 3008 | - | ||
| 6376 | + | 3135 | |
| 3009 | 6377 | 1.1% on the transactions described in Subsection 59-12-103(1) located within the city | |
| 3010 | - | ||
| 6378 | + | 3136 | |
| 3011 | 6379 | or town. | |
| 3012 | - | ||
| 6380 | + | 3137 | |
| 3013 | 6381 | (b) Notwithstanding Subsection (1)(a), a city or town may not impose a tax under this | |
| 3014 | - | ||
| 6382 | + | 3138 | |
| 3015 | 6383 | section on: | |
| 3016 | - | ||
| 6384 | + | 3139 | |
| 3017 | 6385 | (i)(A) the sale of a motor vehicle, an aircraft, a watercraft, a modular home, a | |
| 3018 | - | ||
| 6386 | + | 3140 | |
| 3019 | 6387 | manufactured home, or a mobile home; | |
| 3020 | - | ||
| 6388 | + | 3141 | |
| 3021 | 6389 | (B) the sales and uses described in Section 59-12-104 to the extent the sales and | |
| 3022 | - | ||
| 6390 | + | 3142 | |
| 3023 | 6391 | uses are exempt from taxation under Section 59-12-104; and | |
| 3024 | - | ||
| 6392 | + | 3143 | |
| 3025 | 6393 | (C) except as provided in Subsection (1)(d), amounts paid or charged for food and | |
| 3026 | - | ||
| 6394 | + | 3144 | |
| 3027 | 6395 | food ingredients; [or] | |
| 3028 | - | ||
| 6396 | + | 3145 | |
| 3029 | 6397 | (ii) transactions that occur in the district sales tax area, as defined in Subsection (4), if | |
| 3030 | - | ||
| 6398 | + | 3146 | |
| 3031 | 6399 | the fairpark district, as defined in Subsection (4), has imposed a tax under | |
| 3032 | - | ||
| 6400 | + | 3147 | |
| 3033 | 6401 | Subsection (4); or | |
| 3034 | - | ||
| 6402 | + | 3148 | |
| 3035 | 6403 | (iii) transactions that occur in a project area of the Beehive Development Agency, if | |
| 3036 | - | ||
| 6404 | + | 3149 | |
| 3037 | 6405 | the Beehive Development Agency has imposed a tax under Subsection (5). | |
| 3038 | - | - 44 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 3039 | - | 1490 | |
| 6406 | + | 3150 | |
| 3040 | 6407 | (c) For purposes of this Subsection (1), the location of a transaction shall be determined | |
| 3041 | - | ||
| 6408 | + | 3151 | |
| 3042 | 6409 | in accordance with Sections 59-12-211 through 59-12-215. | |
| 3043 | - | ||
| 6410 | + | 3152 | |
| 3044 | 6411 | (d) A city or town imposing a tax under this section shall impose the tax on the purchase | |
| 3045 | - | ||
| 6412 | + | 3153 | |
| 3046 | 6413 | price or the sales price for amounts paid or charged for food and food ingredients if | |
| 3047 | - | ||
| 6414 | + | 3154 | |
| 3048 | 6415 | the food and food ingredients are sold as part of a bundled transaction attributable to | |
| 3049 | - | ||
| 6416 | + | 3155 | |
| 3050 | 6417 | food and food ingredients and tangible personal property other than food and food | |
| 3051 | - | ||
| 6418 | + | 3156 | |
| 3052 | 6419 | ingredients. | |
| 3053 | - | ||
| 6420 | + | 3157 | |
| 3054 | 6421 | (2)(a) An amount equal to the total of any costs incurred by the state in connection with | |
| 3055 | - | ||
| 6422 | + | 3158 | |
| 3056 | 6423 | the implementation of Subsection (1) which exceed, in any year, the revenues | |
| 3057 | - | 1499 | |
| 6424 | + | - 93 - S.B. 337 02-26 10:50 | |
| 6425 | + | 3159 | |
| 3058 | 6426 | received by the state from its collection fees received in connection with the | |
| 3059 | - | ||
| 6427 | + | 3160 | |
| 3060 | 6428 | implementation of Subsection (1) shall be paid over to the state General Fund by the | |
| 3061 | - | ||
| 6429 | + | 3161 | |
| 3062 | 6430 | cities and towns which impose the tax provided for in Subsection (1). | |
| 3063 | - | ||
| 6431 | + | 3162 | |
| 3064 | 6432 | (b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among those | |
| 3065 | - | ||
| 6433 | + | 3163 | |
| 3066 | 6434 | cities and towns according to the amount of revenue the respective cities and towns | |
| 3067 | - | ||
| 6435 | + | 3164 | |
| 3068 | 6436 | generate in that year through imposition of that tax. | |
| 3069 | - | ||
| 6437 | + | 3165 | |
| 3070 | 6438 | (3)(a) Subject to Section 63H-1-203, the military installation development authority | |
| 3071 | - | ||
| 6439 | + | 3166 | |
| 3072 | 6440 | created in Section 63H-1-201 may impose a tax under this section on the transactions | |
| 3073 | - | ||
| 6441 | + | 3167 | |
| 3074 | 6442 | described in Subsection 59-12-103(1) located within a project area described in a | |
| 3075 | - | ||
| 6443 | + | 3168 | |
| 3076 | 6444 | project area plan adopted by the authority under Title 63H, Chapter 1, Military | |
| 3077 | - | ||
| 6445 | + | 3169 | |
| 3078 | 6446 | Installation Development Authority Act, as though the authority were a city or a town. | |
| 3079 | - | ||
| 6447 | + | 3170 | |
| 3080 | 6448 | (b) For purposes of calculating the permanent census population within a project area, | |
| 3081 | - | ||
| 6449 | + | 3171 | |
| 3082 | 6450 | the board, as defined in Section 63H-1-102, shall: | |
| 3083 | - | ||
| 6451 | + | 3172 | |
| 3084 | 6452 | (i) use the actual number of permanent residents within the project area as determined | |
| 3085 | - | ||
| 6453 | + | 3173 | |
| 3086 | 6454 | by the board; | |
| 3087 | - | ||
| 6455 | + | 3174 | |
| 3088 | 6456 | (ii) include in the calculation of transient room capacity the number, as determined | |
| 3089 | - | ||
| 6457 | + | 3175 | |
| 3090 | 6458 | by the board, of approved high-occupancy lodging units, recreational lodging | |
| 3091 | - | ||
| 6459 | + | 3176 | |
| 3092 | 6460 | units, special lodging units, and standard lodging units, even if the units are not | |
| 3093 | - | ||
| 6461 | + | 3177 | |
| 3094 | 6462 | constructed; | |
| 3095 | - | ||
| 6463 | + | 3178 | |
| 3096 | 6464 | (iii) adopt a resolution verifying the population number; and | |
| 3097 | - | ||
| 6465 | + | 3179 | |
| 3098 | 6466 | (iv) provide the commission any information required in Section 59-12-405. | |
| 3099 | - | ||
| 6467 | + | 3180 | |
| 3100 | 6468 | (c) Notwithstanding Subsection (1)(a), a board as defined in Section 63H-1-102 may | |
| 3101 | - | ||
| 6469 | + | 3181 | |
| 3102 | 6470 | impose the sales and use tax under this section if there are no permanent residents. | |
| 3103 | - | ||
| 6471 | + | 3182 | |
| 3104 | 6472 | (4)(a) As used in this Subsection (4): | |
| 3105 | - | ||
| 6473 | + | 3183 | |
| 3106 | 6474 | (i) "District sales tax area" means the same as that term is defined in Section | |
| 3107 | - | - 45 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 3108 | - | 1524 | |
| 6475 | + | 3184 | |
| 3109 | 6476 | 11-70-101. | |
| 3110 | - | ||
| 6477 | + | 3185 | |
| 3111 | 6478 | (ii) "Fairpark district" means the Utah Fairpark Area Investment and Restoration | |
| 3112 | - | ||
| 6479 | + | 3186 | |
| 3113 | 6480 | District, created in Section 11-70-201. | |
| 3114 | - | ||
| 6481 | + | 3187 | |
| 3115 | 6482 | (iii) "Fairpark district board" means the board of the fairpark district. | |
| 3116 | - | ||
| 6483 | + | 3188 | |
| 3117 | 6484 | (b) The fairpark district, by resolution of the fairpark district board, may impose a tax | |
| 3118 | - | ||
| 6485 | + | 3189 | |
| 3119 | 6486 | under this section, as though the fairpark district were a city or town, on transactions | |
| 3120 | - | ||
| 6487 | + | 3190 | |
| 3121 | 6488 | described in Subsection 59-12-103(1): | |
| 3122 | - | ||
| 6489 | + | 3191 | |
| 3123 | 6490 | (i) located within the district sales tax area; and | |
| 3124 | - | ||
| 6491 | + | 3192 | |
| 3125 | 6492 | (ii) that occur on or after October 1, 2024. | |
| 3126 | - | 1533 | |
| 6493 | + | - 94 - 02-26 10:50 S.B. 337 | |
| 6494 | + | 3193 | |
| 3127 | 6495 | (c) For purposes of calculating the permanent census population within the district sales | |
| 3128 | - | ||
| 6496 | + | 3194 | |
| 3129 | 6497 | tax area, the fairpark district board shall: | |
| 3130 | - | ||
| 6498 | + | 3195 | |
| 3131 | 6499 | (i) use the actual number of permanent residents within the district sales tax area as | |
| 3132 | - | ||
| 6500 | + | 3196 | |
| 3133 | 6501 | determined by the fairpark district board; | |
| 3134 | - | ||
| 6502 | + | 3197 | |
| 3135 | 6503 | (ii) include in the calculation of transient room capacity the number, as determined | |
| 3136 | - | ||
| 6504 | + | 3198 | |
| 3137 | 6505 | by the fairpark district board, of approved high-occupancy lodging units, | |
| 3138 | - | ||
| 6506 | + | 3199 | |
| 3139 | 6507 | recreational lodging units, special lodging units, and standard lodging units, even | |
| 3140 | - | ||
| 6508 | + | 3200 | |
| 3141 | 6509 | if the units are not constructed; | |
| 3142 | - | ||
| 6510 | + | 3201 | |
| 3143 | 6511 | (iii) adopt a resolution verifying the population number; and | |
| 3144 | - | ||
| 6512 | + | 3202 | |
| 3145 | 6513 | (iv) provide the commission any information required in Section 59-12-405. | |
| 3146 | - | ||
| 6514 | + | 3203 | |
| 3147 | 6515 | (d) Notwithstanding Subsection (1)(a), the fairpark district may impose the sales and use | |
| 3148 | - | ||
| 6516 | + | 3204 | |
| 3149 | 6517 | tax under this section if there are no permanent residents within the district sales tax | |
| 3150 | - | ||
| 6518 | + | 3205 | |
| 3151 | 6519 | area. | |
| 3152 | - | ||
| 6520 | + | 3206 | |
| 3153 | 6521 | (5) Beginning January 1, 2026, the Beehive Development Agency may impose a tax under | |
| 3154 | - | ||
| 6522 | + | 3207 | |
| 3155 | 6523 | this section as though the Beehive Development Agency were a city or town in which | |
| 3156 | - | ||
| 6524 | + | 3208 | |
| 3157 | 6525 | the transient room capacity as defined in Section 59-12-405 is greater than or equal to | |
| 3158 | - | ||
| 6526 | + | 3209 | |
| 3159 | 6527 | 66% of the municipality's permanent census population on the transactions described in | |
| 3160 | - | ||
| 6528 | + | 3210 | |
| 3161 | 6529 | Subsection 59-12-103(1) located within the sales and use tax boundary for the project | |
| 3162 | - | ||
| 6530 | + | 3211 | |
| 3163 | 6531 | area. | |
| 3164 | - | ||
| 3165 | - | Section | |
| 3166 | - | ||
| 6532 | + | 3212 | |
| 6533 | + | Section 48. Section 59-12-402 is amended to read: | |
| 6534 | + | 3213 | |
| 3167 | 6535 | 59-12-402 (Effective 01/01/26). Additional resort communities sales and use tax | |
| 3168 | - | ||
| 6536 | + | 3214 | |
| 3169 | 6537 | -- Base -- Rate -- Collection fees -- Resolution and voter approval requirements -- | |
| 3170 | - | ||
| 6538 | + | 3215 | |
| 3171 | 6539 | Election requirements -- Notice requirements -- Ordinance requirements -- Certain | |
| 3172 | - | ||
| 6540 | + | 3216 | |
| 3173 | 6541 | authorities implementing additional resort communities sales and use tax. | |
| 3174 | - | ||
| 6542 | + | 3217 | |
| 3175 | 6543 | (1)(a) Subject to Subsections (2) through (6), the governing body of a municipality in | |
| 3176 | - | - 46 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 3177 | - | 1558 | |
| 6544 | + | 3218 | |
| 3178 | 6545 | which the transient room capacity as defined in Section 59-12-405 is greater than or | |
| 3179 | - | ||
| 6546 | + | 3219 | |
| 3180 | 6547 | equal to 66% of the municipality's permanent census population may, in addition to | |
| 3181 | - | ||
| 6548 | + | 3220 | |
| 3182 | 6549 | the sales tax authorized under Section 59-12-401, impose an additional resort | |
| 3183 | - | ||
| 6550 | + | 3221 | |
| 3184 | 6551 | communities sales tax in an amount that is less than or equal to .5% on the | |
| 3185 | - | ||
| 6552 | + | 3222 | |
| 3186 | 6553 | transactions described in Subsection 59-12-103(1) located within the municipality. | |
| 3187 | - | ||
| 6554 | + | 3223 | |
| 3188 | 6555 | (b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not | |
| 3189 | - | ||
| 6556 | + | 3224 | |
| 3190 | 6557 | impose a tax under this section on: | |
| 3191 | - | ||
| 6558 | + | 3225 | |
| 3192 | 6559 | (i)(A) the sale of a motor vehicle, an aircraft, a watercraft, a modular home, a | |
| 3193 | - | ||
| 6560 | + | 3226 | |
| 3194 | 6561 | manufactured home, or a mobile home; | |
| 3195 | - | 1567 | |
| 6562 | + | - 95 - S.B. 337 02-26 10:50 | |
| 6563 | + | 3227 | |
| 3196 | 6564 | (B) the sales and uses described in Section 59-12-104 to the extent the sales and | |
| 3197 | - | ||
| 6565 | + | 3228 | |
| 3198 | 6566 | uses are exempt from taxation under Section 59-12-104; and | |
| 3199 | - | ||
| 6567 | + | 3229 | |
| 3200 | 6568 | (C) except as provided in Subsection (1)(d), amounts paid or charged for food and | |
| 3201 | - | ||
| 6569 | + | 3230 | |
| 3202 | 6570 | food ingredients; [or] | |
| 3203 | - | ||
| 6571 | + | 3231 | |
| 3204 | 6572 | (ii) transactions that occur in the district sales tax area, as defined in Subsection | |
| 3205 | - | ||
| 6573 | + | 3232 | |
| 3206 | 6574 | 59-12-401(4), if the Utah Fairpark Area Investment and Restoration District, | |
| 3207 | - | ||
| 6575 | + | 3233 | |
| 3208 | 6576 | created in Section 11-70-201, has imposed a tax under Subsection (8)[.] ; or | |
| 3209 | - | ||
| 6577 | + | 3234 | |
| 3210 | 6578 | (iii) transactions that occur within the sales and use tax boundary of a project area | |
| 3211 | - | ||
| 6579 | + | 3235 | |
| 3212 | 6580 | established by the Beehive Development Agency, if the Beehive Development | |
| 3213 | - | ||
| 6581 | + | 3236 | |
| 3214 | 6582 | Agency, created in Section 11-71-201, has imposed a tax under Subsection (9). | |
| 3215 | - | ||
| 6583 | + | 3237 | |
| 3216 | 6584 | (c) For purposes of this Subsection (1), the location of a transaction shall be determined | |
| 3217 | - | ||
| 6585 | + | 3238 | |
| 3218 | 6586 | in accordance with Sections 59-12-211 through 59-12-215. | |
| 3219 | - | ||
| 6587 | + | 3239 | |
| 3220 | 6588 | (d) A municipality imposing a tax under this section shall impose the tax on the | |
| 3221 | - | ||
| 6589 | + | 3240 | |
| 3222 | 6590 | purchase price or sales price for amounts paid or charged for food and food | |
| 3223 | - | ||
| 6591 | + | 3241 | |
| 3224 | 6592 | ingredients if the food and food ingredients are sold as part of a bundled transaction | |
| 3225 | - | ||
| 6593 | + | 3242 | |
| 3226 | 6594 | attributable to food and food ingredients and tangible personal property other than | |
| 3227 | - | ||
| 6595 | + | 3243 | |
| 3228 | 6596 | food and food ingredients. | |
| 3229 | - | ||
| 6597 | + | 3244 | |
| 3230 | 6598 | (2)(a) An amount equal to the total of any costs incurred by the state in connection with | |
| 3231 | - | ||
| 6599 | + | 3245 | |
| 3232 | 6600 | the implementation of Subsection (1) which exceed, in any year, the revenues | |
| 3233 | - | ||
| 6601 | + | 3246 | |
| 3234 | 6602 | received by the state from its collection fees received in connection with the | |
| 3235 | - | ||
| 6603 | + | 3247 | |
| 3236 | 6604 | implementation of Subsection (1) shall be paid over to the state General Fund by the | |
| 3237 | - | ||
| 6605 | + | 3248 | |
| 3238 | 6606 | cities and towns which impose the tax provided for in Subsection (1). | |
| 3239 | - | ||
| 6607 | + | 3249 | |
| 3240 | 6608 | (b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among those | |
| 3241 | - | ||
| 6609 | + | 3250 | |
| 3242 | 6610 | cities and towns according to the amount of revenue the respective cities and towns | |
| 3243 | - | ||
| 6611 | + | 3251 | |
| 3244 | 6612 | generate in that year through imposition of that tax. | |
| 3245 | - | - 47 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 3246 | - | 1592 | |
| 6613 | + | 3252 | |
| 3247 | 6614 | (3) To impose an additional resort communities sales tax under this section, the governing | |
| 3248 | - | ||
| 6615 | + | 3253 | |
| 3249 | 6616 | body of the municipality shall: | |
| 3250 | - | ||
| 6617 | + | 3254 | |
| 3251 | 6618 | (a) pass a resolution approving the tax; and | |
| 3252 | - | ||
| 6619 | + | 3255 | |
| 3253 | 6620 | (b) except as provided in Subsection (6), obtain voter approval for the tax as provided in | |
| 3254 | - | ||
| 6621 | + | 3256 | |
| 3255 | 6622 | Subsection (4). | |
| 3256 | - | ||
| 6623 | + | 3257 | |
| 3257 | 6624 | (4) To obtain voter approval for an additional resort communities sales tax under | |
| 3258 | - | ||
| 6625 | + | 3258 | |
| 3259 | 6626 | Subsection (3)(b), a municipality shall: | |
| 3260 | - | ||
| 6627 | + | 3259 | |
| 3261 | 6628 | (a) hold the additional resort communities sales tax election during: | |
| 3262 | - | ||
| 6629 | + | 3260 | |
| 3263 | 6630 | (i) a regular general election; or | |
| 3264 | - | 1601 | |
| 6631 | + | - 96 - 02-26 10:50 S.B. 337 | |
| 6632 | + | 3261 | |
| 3265 | 6633 | (ii) a municipal general election; and | |
| 3266 | - | ||
| 6634 | + | 3262 | |
| 3267 | 6635 | (b) post notice of the election for the municipality, as a class A notice under Section | |
| 3268 | - | ||
| 6636 | + | 3263 | |
| 3269 | 6637 | 63G-30-102, for at least 15 days before the day on which the election is held. | |
| 3270 | - | ||
| 6638 | + | 3264 | |
| 3271 | 6639 | (5) An ordinance approving an additional resort communities sales tax under this section | |
| 3272 | - | ||
| 6640 | + | 3265 | |
| 3273 | 6641 | shall provide an effective date for the tax as provided in Section 59-12-403. | |
| 3274 | - | ||
| 6642 | + | 3266 | |
| 3275 | 6643 | (6)(a) Except as provided in Subsection (6)(b), a municipality is not subject to the voter | |
| 3276 | - | ||
| 6644 | + | 3267 | |
| 3277 | 6645 | approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the | |
| 3278 | - | ||
| 6646 | + | 3268 | |
| 3279 | 6647 | municipality imposed a license fee or tax on businesses based on gross receipts | |
| 3280 | - | ||
| 6648 | + | 3269 | |
| 3281 | 6649 | pursuant to Section 10-1-203. | |
| 3282 | - | ||
| 6650 | + | 3270 | |
| 3283 | 6651 | (b) The exception from the voter approval requirements in Subsection (6)(a) does not | |
| 3284 | - | ||
| 6652 | + | 3271 | |
| 3285 | 6653 | apply to a municipality that, on or before January 1, 1996, imposed a license fee or | |
| 3286 | - | ||
| 6654 | + | 3272 | |
| 3287 | 6655 | tax on only one class of businesses based on gross receipts pursuant to Section | |
| 3288 | - | ||
| 6656 | + | 3273 | |
| 3289 | 6657 | 10-1-203. | |
| 3290 | - | ||
| 6658 | + | 3274 | |
| 3291 | 6659 | (7) Subject to Subsection 63H-1-203(1), a military installation development authority | |
| 3292 | - | ||
| 6660 | + | 3275 | |
| 3293 | 6661 | authorized to impose a resort communities tax under Section 59-12-401 may impose an | |
| 3294 | - | ||
| 6662 | + | 3276 | |
| 3295 | 6663 | additional resort communities sales tax under this section. | |
| 3296 | - | ||
| 6664 | + | 3277 | |
| 3297 | 6665 | (8) The Utah Fairpark Area Investment and Restoration District, created in Section | |
| 3298 | - | ||
| 6666 | + | 3278 | |
| 3299 | 6667 | 11-70-201, may impose an additional resort communities tax under this section on | |
| 3300 | - | ||
| 6668 | + | 3279 | |
| 3301 | 6669 | transactions that occur: | |
| 3302 | - | ||
| 6670 | + | 3280 | |
| 3303 | 6671 | (a) within the district sales tax area, as defined in Subsection 59-12-401(4); and | |
| 3304 | - | ||
| 6672 | + | 3281 | |
| 3305 | 6673 | (b) that occur on or after October 1, 2024. | |
| 3306 | - | ||
| 6674 | + | 3282 | |
| 3307 | 6675 | (9) On or after January 1, 2026, the Beehive Development Agency may impose an | |
| 3308 | - | ||
| 6676 | + | 3283 | |
| 3309 | 6677 | additional resort communities tax under this section on transactions that occur within the | |
| 3310 | - | ||
| 6678 | + | 3284 | |
| 3311 | 6679 | project area sales and use tax boundary, as defined in Section 11-71-101, as if the | |
| 3312 | - | ||
| 6680 | + | 3285 | |
| 3313 | 6681 | Beehive Development Agency was a municipality. | |
| 3314 | - | - 48 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 3315 | - | 1626 | |
| 3316 | - | Section 45. Section 63A-3-401.5 is amended to read: | |
| 3317 | - | 1627 | |
| 3318 | - | 63A-3-401.5 (Effective 07/01/25). Definitions. | |
| 3319 | - | 1628 | |
| 6682 | + | 3286 | |
| 6683 | + | Section 49. Section 63A-3-401.5 is amended to read: | |
| 6684 | + | 3287 | |
| 6685 | + | 63A-3-401.5 (Effective 05/07/25). Definitions. | |
| 6686 | + | 3288 | |
| 3320 | 6687 | As used in this part: | |
| 3321 | - | ||
| 6688 | + | 3289 | |
| 3322 | 6689 | (1) "Beehive development fund" means the infrastructure fund created in Subsection | |
| 3323 | - | ||
| 6690 | + | 3290 | |
| 3324 | 6691 | 63A-3-402(1)(e). | |
| 3325 | - | ||
| 6692 | + | 3291 | |
| 3326 | 6693 | (2) "Borrower" means a person who borrows money from an infrastructure fund for an | |
| 3327 | - | ||
| 6694 | + | 3292 | |
| 3328 | 6695 | infrastructure project. | |
| 3329 | - | ||
| 6696 | + | 3293 | |
| 3330 | 6697 | [(2)] (3) "Fairpark district development fund" means the infrastructure fund created in | |
| 3331 | - | ||
| 6698 | + | 3294 | |
| 3332 | 6699 | Subsection 63A-3-402(1)(c). | |
| 3333 | - | 1635 | |
| 6700 | + | - 97 - S.B. 337 02-26 10:50 | |
| 6701 | + | 3295 | |
| 3334 | 6702 | [(3)] (4) "Independent political subdivision" means: | |
| 3335 | - | ||
| 6703 | + | 3296 | |
| 3336 | 6704 | (a) the Utah Inland Port Authority created in Section 11-58-201; | |
| 3337 | - | ||
| 6705 | + | 3297 | |
| 3338 | 6706 | (b) the Point of the Mountain State Land Authority created in Section 11-59-201; | |
| 3339 | - | ||
| 6707 | + | 3298 | |
| 3340 | 6708 | (c) the Utah Fairpark Area Investment and Restoration District created in Section | |
| 3341 | - | ||
| 6709 | + | 3299 | |
| 3342 | 6710 | 11-70-201; or | |
| 3343 | - | ||
| 6711 | + | 3300 | |
| 3344 | 6712 | (d) the Military Installation Development Authority created in Section 63H-1-201. | |
| 3345 | - | ||
| 6713 | + | 3301 | |
| 3346 | 6714 | [(4)] (5) "Infrastructure fund" means a fund created in Subsection 63A-3-402(1). | |
| 3347 | - | ||
| 6715 | + | 3302 | |
| 3348 | 6716 | [(5)] (6) "Infrastructure loan" means a loan of infrastructure fund money to finance an | |
| 3349 | - | ||
| 6717 | + | 3303 | |
| 3350 | 6718 | infrastructure project. | |
| 3351 | - | ||
| 6719 | + | 3304 | |
| 3352 | 6720 | [(6)] (7) "Infrastructure project" means a project to acquire, construct, reconstruct, | |
| 3353 | - | ||
| 6721 | + | 3305 | |
| 3354 | 6722 | rehabilitate, equip, or improve public infrastructure and improvements: | |
| 3355 | - | ||
| 6723 | + | 3306 | |
| 3356 | 6724 | (a) within a project area; or | |
| 3357 | - | ||
| 6725 | + | 3307 | |
| 3358 | 6726 | (b) outside a project area, if the respective loan approval body determines by resolution | |
| 3359 | - | ||
| 6727 | + | 3308 | |
| 3360 | 6728 | that the public infrastructure and improvements are of benefit to the project area. | |
| 3361 | - | ||
| 6729 | + | 3309 | |
| 3362 | 6730 | [(7)] (8) "Inland port" means the same as that term is defined in Section 11-58-102. | |
| 3363 | - | ||
| 6731 | + | 3310 | |
| 3364 | 6732 | [(8)] (9) "Inland port fund" means the infrastructure fund created in Subsection 63A-3-402 | |
| 3365 | - | ||
| 6733 | + | 3311 | |
| 3366 | 6734 | (1)(a). | |
| 3367 | - | ||
| 6735 | + | 3312 | |
| 3368 | 6736 | [(9)] (10) "Military development fund" means the infrastructure fund created in Subsection | |
| 3369 | - | ||
| 6737 | + | 3313 | |
| 3370 | 6738 | 63A-3-402(1)(d). | |
| 3371 | - | ||
| 6739 | + | 3314 | |
| 3372 | 6740 | [(10)] (11) "Point of the mountain fund" means the infrastructure fund created in Subsection | |
| 3373 | - | ||
| 6741 | + | 3315 | |
| 3374 | 6742 | 63A-3-402(1)(b). | |
| 3375 | - | ||
| 6743 | + | 3316 | |
| 3376 | 6744 | [(11)] (12) "Project area" means: | |
| 3377 | - | ||
| 6745 | + | 3317 | |
| 3378 | 6746 | (a) the same as that term is defined in Section 11-58-102, for purposes of an | |
| 3379 | - | ||
| 6747 | + | 3318 | |
| 3380 | 6748 | infrastructure loan from the inland port fund; | |
| 3381 | - | ||
| 6749 | + | 3319 | |
| 3382 | 6750 | (b) the point of the mountain state land, as defined in Section 11-59-102, for purposes of | |
| 3383 | - | - 49 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 3384 | - | 1660 | |
| 6751 | + | 3320 | |
| 3385 | 6752 | an infrastructure loan from the point of the mountain fund; | |
| 3386 | - | ||
| 6753 | + | 3321 | |
| 3387 | 6754 | (c) the same as that term is defined in Section 11-70-101, for purposes of an | |
| 3388 | - | ||
| 6755 | + | 3322 | |
| 3389 | 6756 | infrastructure loan from the fairpark district development fund; [or] | |
| 3390 | - | ||
| 6757 | + | 3323 | |
| 3391 | 6758 | (d) the same as that term is defined in Section 63H-1-102, for purposes of an | |
| 3392 | - | ||
| 6759 | + | 3324 | |
| 3393 | 6760 | infrastructure loan from the military development fund[.] ; or | |
| 3394 | - | ||
| 6761 | + | 3325 | |
| 3395 | 6762 | (e) the same as that term is defined in Section 11-71-101, for purposes of an | |
| 3396 | - | ||
| 6763 | + | 3326 | |
| 3397 | 6764 | infrastructure loan from the beehive development fund. | |
| 3398 | - | ||
| 6765 | + | 3327 | |
| 3399 | 6766 | [(12)] (13) "Property tax revenue" means: | |
| 3400 | - | ||
| 6767 | + | 3328 | |
| 3401 | 6768 | (a) property tax differential, as defined in Section 11-58-102, for purposes of an | |
| 3402 | - | 1669 | |
| 6769 | + | - 98 - 02-26 10:50 S.B. 337 | |
| 6770 | + | 3329 | |
| 3403 | 6771 | infrastructure loan from the inland port fund; | |
| 3404 | - | ||
| 6772 | + | 3330 | |
| 3405 | 6773 | (b) enhanced property tax revenue, as defined in Section 11-70-101, for purposes of an | |
| 3406 | - | ||
| 6774 | + | 3331 | |
| 3407 | 6775 | infrastructure loan from the fairpark district development fund; [or] | |
| 3408 | - | ||
| 6776 | + | 3332 | |
| 3409 | 6777 | (c) property tax allocation, as defined in Section 63H-1-102, for purposes of an | |
| 3410 | - | ||
| 6778 | + | 3333 | |
| 3411 | 6779 | infrastructure loan from the military development fund[.] ; or | |
| 3412 | - | ||
| 6780 | + | 3334 | |
| 3413 | 6781 | (d) property tax differential, as defined in Section 11-71-101, for purposes of an | |
| 3414 | - | ||
| 6782 | + | 3335 | |
| 3415 | 6783 | infrastructure loan from the beehive development fund. | |
| 3416 | - | ||
| 6784 | + | 3336 | |
| 3417 | 6785 | [(13)] (14) "Public infrastructure and improvements" means: | |
| 3418 | - | ||
| 6786 | + | 3337 | |
| 3419 | 6787 | (a) the same as that term is defined in Section 11-58-102, for purposes of an | |
| 3420 | - | ||
| 6788 | + | 3338 | |
| 3421 | 6789 | infrastructure loan from the inland port fund; | |
| 3422 | - | ||
| 6790 | + | 3339 | |
| 3423 | 6791 | (b) publicly owned infrastructure and improvements, as defined in Section 11-59-102, | |
| 3424 | - | ||
| 6792 | + | 3340 | |
| 3425 | 6793 | for purposes of an infrastructure loan from the point of the mountain fund; | |
| 3426 | - | ||
| 6794 | + | 3341 | |
| 3427 | 6795 | (c) the same as that term is defined in Section 11-70-101, for purposes of an | |
| 3428 | - | ||
| 6796 | + | 3342 | |
| 3429 | 6797 | infrastructure loan from the fairpark district development fund; [or] | |
| 3430 | - | ||
| 6798 | + | 3343 | |
| 3431 | 6799 | (d) the same as that term is defined in Section 63H-1-102, for purposes of an | |
| 3432 | - | ||
| 6800 | + | 3344 | |
| 3433 | 6801 | infrastructure loan from the military development fund[.] ; or | |
| 3434 | - | ||
| 6802 | + | 3345 | |
| 3435 | 6803 | (e) the same as that term is defined in Section 11-71-101, for purposes of an | |
| 3436 | - | ||
| 6804 | + | 3346 | |
| 3437 | 6805 | infrastructure loan from the beehive development fund. | |
| 3438 | - | ||
| 6806 | + | 3347 | |
| 3439 | 6807 | [(14)] (15) "Respective loan approval body" means: | |
| 3440 | - | ||
| 6808 | + | 3348 | |
| 3441 | 6809 | (a) the board created in Section 11-58-301, for purposes of an infrastructure loan from | |
| 3442 | - | ||
| 6810 | + | 3349 | |
| 3443 | 6811 | the inland port fund; | |
| 3444 | - | ||
| 6812 | + | 3350 | |
| 3445 | 6813 | (b) the board created in Section 11-59-301, for purposes of an infrastructure loan from | |
| 3446 | - | ||
| 6814 | + | 3351 | |
| 3447 | 6815 | the point of the mountain fund; | |
| 3448 | - | ||
| 6816 | + | 3352 | |
| 3449 | 6817 | (c) the board created in Section 11-70-301, for purposes of an infrastructure loan from | |
| 3450 | - | ||
| 6818 | + | 3353 | |
| 3451 | 6819 | the fairpark area development fund; [or] | |
| 3452 | - | - 50 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 3453 | - | 1694 | |
| 6820 | + | 3354 | |
| 3454 | 6821 | (d) the committee created in Section 63H-1-104, for purposes of an infrastructure loan | |
| 3455 | - | ||
| 6822 | + | 3355 | |
| 3456 | 6823 | from the military development fund[.] ; or | |
| 3457 | - | ||
| 6824 | + | 3356 | |
| 3458 | 6825 | (e) the loan committee created in Section 11-71-104, for purposes of an infrastructure | |
| 3459 | - | ||
| 6826 | + | 3357 | |
| 3460 | 6827 | loan from the beehive development fund. | |
| 3461 | - | ||
| 3462 | - | Section | |
| 3463 | - | ||
| 3464 | - | 63A-3-402 (Effective 07 | |
| 3465 | - | ||
| 6828 | + | 3358 | |
| 6829 | + | Section 50. Section 63A-3-402 is amended to read: | |
| 6830 | + | 3359 | |
| 6831 | + | 63A-3-402 (Effective 05/07/25). Infrastructure funds established -- Purpose of | |
| 6832 | + | 3360 | |
| 3466 | 6833 | funds -- Use of money in funds. | |
| 3467 | - | ||
| 6834 | + | 3361 | |
| 3468 | 6835 | (1) There are created, as enterprise revolving loan funds: | |
| 3469 | - | ||
| 6836 | + | 3362 | |
| 3470 | 6837 | (a) the inland port infrastructure revolving loan fund; | |
| 3471 | - | 1703 | |
| 6838 | + | - 99 - S.B. 337 02-26 10:50 | |
| 6839 | + | 3363 | |
| 3472 | 6840 | (b) the point of the mountain infrastructure revolving loan fund; | |
| 3473 | - | ||
| 6841 | + | 3364 | |
| 3474 | 6842 | (c) the fairpark area development revolving loan fund; [and] | |
| 3475 | - | ||
| 6843 | + | 3365 | |
| 3476 | 6844 | (d) the military development infrastructure revolving loan fund[.] ; and | |
| 3477 | - | ||
| 6845 | + | 3366 | |
| 3478 | 6846 | (e) the beehive development infrastructure revolving loan fund. | |
| 3479 | - | ||
| 6847 | + | 3367 | |
| 3480 | 6848 | (2) The purpose of each infrastructure fund is to provide funding, through infrastructure | |
| 3481 | - | ||
| 6849 | + | 3368 | |
| 3482 | 6850 | loans, for infrastructure projects undertaken by a borrower. | |
| 3483 | - | ||
| 6851 | + | 3369 | |
| 3484 | 6852 | (3)(a) Money in an infrastructure fund may be used only to provide loans for | |
| 3485 | - | ||
| 6853 | + | 3370 | |
| 3486 | 6854 | infrastructure projects. | |
| 3487 | - | ||
| 6855 | + | 3371 | |
| 3488 | 6856 | (b) The division may not loan money in an infrastructure fund without the approval of: | |
| 3489 | - | ||
| 6857 | + | 3372 | |
| 3490 | 6858 | (i) the respective loan approval body; and | |
| 3491 | - | ||
| 6859 | + | 3373 | |
| 3492 | 6860 | (ii) the Executive Appropriations Committee of the Legislature, for a loan from the | |
| 3493 | - | ||
| 6861 | + | 3374 | |
| 3494 | 6862 | inland port fund, the point of the mountain fund, [or ]the fairpark area | |
| 3495 | - | ||
| 6863 | + | 3375 | |
| 3496 | 6864 | development fund, or the beehive development fund. | |
| 3497 | - | ||
| 3498 | - | Section | |
| 3499 | - | ||
| 3500 | - | 63C-25-202 (Effective 07 | |
| 3501 | - | ||
| 6865 | + | 3376 | |
| 6866 | + | Section 51. Section 63C-25-202 is amended to read: | |
| 6867 | + | 3377 | |
| 6868 | + | 63C-25-202 (Effective 05/07/25). Powers and duties. | |
| 6869 | + | 3378 | |
| 3502 | 6870 | (1) The commission shall annually review a report provided in accordance with Section | |
| 3503 | - | ||
| 6871 | + | 3379 | |
| 3504 | 6872 | 63B-1-305 or 63B-1a-102. | |
| 3505 | - | ||
| 6873 | + | 3380 | |
| 3506 | 6874 | (2)(a) A loan entity other than a loan entity described in Subsection (2)(b) shall no later | |
| 3507 | - | ||
| 6875 | + | 3381 | |
| 3508 | 6876 | than January 1 of each year submit information on each revolving loan fund from | |
| 3509 | - | ||
| 6877 | + | 3382 | |
| 3510 | 6878 | which the loan entity made a loan in the previous fiscal year, including information | |
| 3511 | - | ||
| 6879 | + | 3383 | |
| 3512 | 6880 | identifying new and ongoing loan recipients, the terms of each loan, loan repayment, | |
| 3513 | - | ||
| 6881 | + | 3384 | |
| 3514 | 6882 | and any other information regarding a revolving loan fund requested by the | |
| 3515 | - | ||
| 6883 | + | 3385 | |
| 3516 | 6884 | commission. | |
| 3517 | - | ||
| 6885 | + | 3386 | |
| 3518 | 6886 | (b) If a loan entity is: | |
| 3519 | - | ||
| 6887 | + | 3387 | |
| 3520 | 6888 | (i) the Utah Inland Port Authority, the loan entity shall submit the information in | |
| 3521 | - | - 51 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 3522 | - | 1728 | |
| 6889 | + | 3388 | |
| 3523 | 6890 | accordance with Section 11-58-106 and any other information regarding a | |
| 3524 | - | ||
| 6891 | + | 3389 | |
| 3525 | 6892 | revolving loan fund requested by the commission; | |
| 3526 | - | ||
| 6893 | + | 3390 | |
| 3527 | 6894 | (ii) the Point of the Mountain State Land Authority, the loan entity shall submit the | |
| 3528 | - | ||
| 6895 | + | 3391 | |
| 3529 | 6896 | information in accordance with Section 11-59-104 and any other information | |
| 3530 | - | ||
| 6897 | + | 3392 | |
| 3531 | 6898 | regarding a revolving loan fund requested by the commission; | |
| 3532 | - | ||
| 6899 | + | 3393 | |
| 3533 | 6900 | (iii) the Utah Fairpark Area Investment and Restoration District, the loan entity shall | |
| 3534 | - | ||
| 6901 | + | 3394 | |
| 3535 | 6902 | submit the information in accordance with Section 11-70-104 and any other | |
| 3536 | - | ||
| 6903 | + | 3395 | |
| 3537 | 6904 | information regarding a revolving loan fund requested by the commission; [or] | |
| 3538 | - | ||
| 6905 | + | 3396 | |
| 3539 | 6906 | (iv) the Military Installation Development Authority, the loan entity shall submit the | |
| 3540 | - | 1737 | |
| 6907 | + | - 100 - 02-26 10:50 S.B. 337 | |
| 6908 | + | 3397 | |
| 3541 | 6909 | information in accordance with Section 63H-1-104 and any other information | |
| 3542 | - | ||
| 6910 | + | 3398 | |
| 3543 | 6911 | regarding a revolving loan fund requested by the commission[.] ; or | |
| 3544 | - | ||
| 6912 | + | 3399 | |
| 3545 | 6913 | (v) the Beehive Development Agency, the loan entity shall submit the information in | |
| 3546 | - | ||
| 6914 | + | 3400 | |
| 3547 | 6915 | accordance with Section 11-71-104 and any other information regarding a | |
| 3548 | - | ||
| 6916 | + | 3401 | |
| 3549 | 6917 | revolving loan fund requested by the commission. | |
| 3550 | - | ||
| 6918 | + | 3402 | |
| 3551 | 6919 | (c) The commission may annually review and provide feedback for the following: | |
| 3552 | - | ||
| 6920 | + | 3403 | |
| 3553 | 6921 | (i) each loan entity for compliance with state law authorizing and regulating the | |
| 3554 | - | ||
| 6922 | + | 3404 | |
| 3555 | 6923 | revolving loan fund, including, as applicable, Title 11, Chapter 14, Local | |
| 3556 | - | ||
| 6924 | + | 3405 | |
| 3557 | 6925 | Government Bonding Act; | |
| 3558 | - | ||
| 6926 | + | 3406 | |
| 3559 | 6927 | (ii) each loan entity's revolving loan fund policies and practices, including policies | |
| 3560 | - | ||
| 6928 | + | 3407 | |
| 3561 | 6929 | and practices for approving and setting the terms of a loan; and | |
| 3562 | - | ||
| 6930 | + | 3408 | |
| 3563 | 6931 | (iii) each borrower of funds from a revolving loan fund for accurate and timely | |
| 3564 | - | ||
| 6932 | + | 3409 | |
| 3565 | 6933 | reporting by the borrower to the appropriate debt repository. | |
| 3566 | - | ||
| 6934 | + | 3410 | |
| 3567 | 6935 | (3)(a) The commission shall review and may approve a bond before a large public transit | |
| 3568 | - | ||
| 6936 | + | 3411 | |
| 3569 | 6937 | district may issue a bond. | |
| 3570 | - | ||
| 6938 | + | 3412 | |
| 3571 | 6939 | (b) The commission may not approve issuance of a bond described in Subsection (3)(a) | |
| 3572 | - | ||
| 6940 | + | 3413 | |
| 3573 | 6941 | unless the execution and terms of the bond comply with state law. | |
| 3574 | - | ||
| 6942 | + | 3414 | |
| 3575 | 6943 | (c) If, after review, the commission approves a bond described in Subsection (3)(a), the | |
| 3576 | - | ||
| 6944 | + | 3415 | |
| 3577 | 6945 | large public transit district: | |
| 3578 | - | ||
| 6946 | + | 3416 | |
| 3579 | 6947 | (i) may not change before issuing the bond the terms of the bond that were reviewed | |
| 3580 | - | ||
| 6948 | + | 3417 | |
| 3581 | 6949 | by the commission if the change is outside the approved parameters and intended | |
| 3582 | - | ||
| 6950 | + | 3418 | |
| 3583 | 6951 | purposes; and | |
| 3584 | - | ||
| 6952 | + | 3419 | |
| 3585 | 6953 | (ii) is under no obligation to issue the bond. | |
| 3586 | - | ||
| 6954 | + | 3420 | |
| 3587 | 6955 | (d) A member of the commission who approves a bond under Subsection (3)(a) or | |
| 3588 | - | ||
| 6956 | + | 3421 | |
| 3589 | 6957 | reviews a parameters resolution under Subsection (4)(a) is not liable personally on | |
| 3590 | - | - 52 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 3591 | - | 1762 | |
| 6958 | + | 3422 | |
| 3592 | 6959 | the bond. | |
| 3593 | - | ||
| 6960 | + | 3423 | |
| 3594 | 6961 | (e) The approval of a bond under Subsection (3)(a) or review under Subsection (4)(a) of | |
| 3595 | - | ||
| 6962 | + | 3424 | |
| 3596 | 6963 | a parameters resolution by the commission: | |
| 3597 | - | ||
| 6964 | + | 3425 | |
| 3598 | 6965 | (i) is not an obligation of the state; and | |
| 3599 | - | ||
| 6966 | + | 3426 | |
| 3600 | 6967 | (ii) is not an act that: | |
| 3601 | - | ||
| 6968 | + | 3427 | |
| 3602 | 6969 | (A) lends the state's credit; or | |
| 3603 | - | ||
| 6970 | + | 3428 | |
| 3604 | 6971 | (B) constitutes indebtedness within the meaning of any constitutional or statutory | |
| 3605 | - | ||
| 6972 | + | 3429 | |
| 3606 | 6973 | debt limitation. | |
| 3607 | - | ||
| 6974 | + | 3430 | |
| 3608 | 6975 | (4)(a) The commission shall review and, at the commission's discretion, may make | |
| 3609 | - | 1771 | |
| 6976 | + | - 101 - S.B. 337 02-26 10:50 | |
| 6977 | + | 3431 | |
| 3610 | 6978 | recommendations regarding a parameters resolution before: | |
| 3611 | - | ||
| 6979 | + | 3432 | |
| 3612 | 6980 | (i) a bonding political subdivision may issue a bond; or | |
| 3613 | - | ||
| 6981 | + | 3433 | |
| 3614 | 6982 | (ii) a public infrastructure district may issue a bond, if the creating entity of the | |
| 3615 | - | ||
| 6983 | + | 3434 | |
| 3616 | 6984 | public infrastructure district is a bonding political subdivision. | |
| 3617 | - | ||
| 6985 | + | 3435 | |
| 3618 | 6986 | (b) The commission shall conduct the review under Subsection (4)(a) and forward any | |
| 3619 | - | ||
| 6987 | + | 3436 | |
| 3620 | 6988 | recommendations to the bonding political subdivision or public infrastructure district | |
| 3621 | - | ||
| 6989 | + | 3437 | |
| 3622 | 6990 | no later than 45 days after the day on which the commission receives the bonding | |
| 3623 | - | ||
| 6991 | + | 3438 | |
| 3624 | 6992 | political subdivision's or public infrastructure district's parameters resolution. | |
| 3625 | - | ||
| 6993 | + | 3439 | |
| 3626 | 6994 | (c) Notwithstanding Subsection (4)(a), if the commission fails to review a parameters | |
| 3627 | - | ||
| 6995 | + | 3440 | |
| 3628 | 6996 | resolution or forward recommendations, if any, in the timeframe described in | |
| 3629 | - | ||
| 6997 | + | 3441 | |
| 3630 | 6998 | Subsection (4)(b), the bonding political subdivision or public infrastructure district, | |
| 3631 | - | ||
| 6999 | + | 3442 | |
| 3632 | 7000 | respectively, may proceed with the bond without review by the commission. | |
| 3633 | - | ||
| 7001 | + | 3443 | |
| 3634 | 7002 | (d) After review by the commission under Subsection (4)(a), the bonding political | |
| 3635 | - | ||
| 7003 | + | 3444 | |
| 3636 | 7004 | subdivision or public infrastructure district: | |
| 3637 | - | ||
| 7005 | + | 3445 | |
| 3638 | 7006 | (i) shall consider recommendations by the commission; and | |
| 3639 | - | ||
| 7007 | + | 3446 | |
| 3640 | 7008 | (ii) may proceed with the bond but is under no obligation to issue the bond. | |
| 3641 | - | ||
| 7009 | + | 3447 | |
| 3642 | 7010 | (5) The commission shall provide training and other information on debt management, | |
| 3643 | - | ||
| 7011 | + | 3448 | |
| 3644 | 7012 | lending and borrowing best practices, and compliance with state law to the authority, a | |
| 3645 | - | ||
| 7013 | + | 3449 | |
| 3646 | 7014 | bonding political subdivision, a large public transit district, and a loan entity. | |
| 3647 | - | ||
| 7015 | + | 3450 | |
| 3648 | 7016 | (6)(a) Before a bonding government entity may enter into a concessionaire contract, the | |
| 3649 | - | ||
| 7017 | + | 3451 | |
| 3650 | 7018 | commission shall review and approve the concessionaire contract. | |
| 3651 | - | ||
| 7019 | + | 3452 | |
| 3652 | 7020 | (b) If, after review, the commission approves the concessionaire contract, the bonding | |
| 3653 | - | ||
| 7021 | + | 3453 | |
| 3654 | 7022 | government entity: | |
| 3655 | - | ||
| 7023 | + | 3454 | |
| 3656 | 7024 | (i) may not change the terms of the concessionaire contract if the change is outside of: | |
| 3657 | - | ||
| 7025 | + | 3455 | |
| 3658 | 7026 | (A) any applicable approved parameters of the concessionaire contract; or | |
| 3659 | - | - 53 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 3660 | - | 1796 | |
| 7027 | + | 3456 | |
| 3661 | 7028 | (B) the intended purposes of the concessionaire contract; and | |
| 3662 | - | ||
| 7029 | + | 3457 | |
| 3663 | 7030 | (ii) is under no obligation to enter into the concessionaire contract. | |
| 3664 | - | ||
| 3665 | - | Section | |
| 3666 | - | ||
| 7031 | + | 3458 | |
| 7032 | + | Section 52. Section 63H-8-302 is amended to read: | |
| 7033 | + | 3459 | |
| 3667 | 7034 | 63H-8-302 (Effective 05/07/25). Corporation -- Additional powers. | |
| 3668 | - | ||
| 7035 | + | 3460 | |
| 3669 | 7036 | (1) To accomplish the declared purposes of this chapter, the corporation has the following | |
| 3670 | - | ||
| 7037 | + | 3461 | |
| 3671 | 7038 | powers: | |
| 3672 | - | ||
| 7039 | + | 3462 | |
| 3673 | 7040 | (a) to purchase mortgage loans originated by mortgage lenders or local public bodies | |
| 3674 | - | ||
| 7041 | + | 3463 | |
| 3675 | 7042 | made for the purpose of financing the construction, development, rehabilitation, | |
| 3676 | - | ||
| 7043 | + | 3464 | |
| 3677 | 7044 | refinancing, or purchase of residential housing for low and moderate income persons; | |
| 3678 | - | 1805 | |
| 7045 | + | - 102 - 02-26 10:50 S.B. 337 | |
| 7046 | + | 3465 | |
| 3679 | 7047 | (b) to make mortgage loans and to provide financial assistance to housing sponsors for | |
| 3680 | - | ||
| 7048 | + | 3466 | |
| 3681 | 7049 | the purpose of financing the construction, development, rehabilitation, refinancing, or | |
| 3682 | - | ||
| 7050 | + | 3467 | |
| 3683 | 7051 | purchase of residential housing for low and moderate income persons; | |
| 3684 | - | ||
| 7052 | + | 3468 | |
| 3685 | 7053 | (c) to make mortgage loans and provide financial assistance to housing sponsors for the | |
| 3686 | - | ||
| 7054 | + | 3469 | |
| 3687 | 7055 | purpose of financing the operations of a housing development that are necessary or | |
| 3688 | - | ||
| 7056 | + | 3470 | |
| 3689 | 7057 | desirable to enable the housing development to remain available as residential | |
| 3690 | - | ||
| 7058 | + | 3471 | |
| 3691 | 7059 | housing for low and moderate income persons, whether or not the housing | |
| 3692 | - | ||
| 7060 | + | 3472 | |
| 3693 | 7061 | development has been financed by the corporation; | |
| 3694 | - | ||
| 7062 | + | 3473 | |
| 3695 | 7063 | (d) to provide financial assistance to any housing authority created under Title 35A, | |
| 3696 | - | ||
| 7064 | + | 3474 | |
| 3697 | 7065 | Chapter 8, Part 4, Housing Authorities, which housing authorities may enter into | |
| 3698 | - | ||
| 7066 | + | 3475 | |
| 3699 | 7067 | commitments for and accept loans for a housing project as defined in Section | |
| 3700 | - | ||
| 7068 | + | 3476 | |
| 3701 | 7069 | 35A-8-401; and | |
| 3702 | - | ||
| 7070 | + | 3477 | |
| 3703 | 7071 | (e) to make mortgage loans and to provide financial assistance to low and moderate | |
| 3704 | - | ||
| 7072 | + | 3478 | |
| 3705 | 7073 | income persons for the construction, rehabilitation, refinancing, or purchase of | |
| 3706 | - | ||
| 7074 | + | 3479 | |
| 3707 | 7075 | residential housing. | |
| 3708 | - | ||
| 7076 | + | 3480 | |
| 3709 | 7077 | (2) The corporation may issue bonds to purchase loans under Subsection (1)(a) only after a | |
| 3710 | - | ||
| 7078 | + | 3481 | |
| 3711 | 7079 | determination by the corporation that the loans are not otherwise available upon | |
| 3712 | - | ||
| 7080 | + | 3482 | |
| 3713 | 7081 | reasonably equivalent terms and conditions from private lenders. | |
| 3714 | - | ||
| 7082 | + | 3483 | |
| 3715 | 7083 | (3) Loans for owner-occupied housing made under Subsection (1)(a) may not include a | |
| 3716 | - | ||
| 7084 | + | 3484 | |
| 3717 | 7085 | penalty for prepayment. | |
| 3718 | - | ||
| 7086 | + | 3485 | |
| 3719 | 7087 | (4) The corporation shall make rules or adopt policies and procedures to govern the | |
| 3720 | - | ||
| 7088 | + | 3486 | |
| 3721 | 7089 | activities authorized under this section, including: | |
| 3722 | - | ||
| 7090 | + | 3487 | |
| 3723 | 7091 | (a) procedures for the submission of requests or the invitation of proposals for the | |
| 3724 | - | ||
| 7092 | + | 3488 | |
| 3725 | 7093 | purchase and sale of mortgage loans and the making of mortgage loans; | |
| 3726 | - | ||
| 7094 | + | 3489 | |
| 3727 | 7095 | (b) rates, fees, charges, and other terms and conditions of originating or servicing | |
| 3728 | - | - 54 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 3729 | - | 1830 | |
| 7096 | + | 3490 | |
| 3730 | 7097 | mortgage loans in order to protect against a realization of an excessive financial | |
| 3731 | - | ||
| 7098 | + | 3491 | |
| 3732 | 7099 | return or benefit by the originator or servicer; | |
| 3733 | - | ||
| 7100 | + | 3492 | |
| 3734 | 7101 | (c) the type and amount of collateral, payment bonds, performance bonds, or other | |
| 3735 | - | ||
| 7102 | + | 3493 | |
| 3736 | 7103 | security to be provided for construction loans made by the corporation; | |
| 3737 | - | ||
| 7104 | + | 3494 | |
| 3738 | 7105 | (d) the nature and amounts of fees to be charged by the corporation to provide for | |
| 3739 | - | ||
| 7106 | + | 3495 | |
| 3740 | 7107 | expenses and reserves of the corporation; | |
| 3741 | - | ||
| 7108 | + | 3496 | |
| 3742 | 7109 | (e) procedures allowing the corporation to prohibit persons who fail to comply with the | |
| 3743 | - | ||
| 7110 | + | 3497 | |
| 3744 | 7111 | rules of the corporation with respect to the operations of a program of the corporation | |
| 3745 | - | ||
| 7112 | + | 3498 | |
| 3746 | 7113 | from participating, either directly or indirectly, in the programs of the corporation; | |
| 3747 | - | 1839 | |
| 7114 | + | - 103 - S.B. 337 02-26 10:50 | |
| 7115 | + | 3499 | |
| 3748 | 7116 | (f) the terms and conditions under which the corporation may purchase and make | |
| 3749 | - | ||
| 7117 | + | 3500 | |
| 3750 | 7118 | mortgage loans under each program of the corporation; | |
| 3751 | - | ||
| 7119 | + | 3501 | |
| 3752 | 7120 | (g) the terms and conditions under which the corporation may provide financial | |
| 3753 | - | ||
| 7121 | + | 3502 | |
| 3754 | 7122 | assistance under each program of the corporation; | |
| 3755 | - | ||
| 7123 | + | 3503 | |
| 3756 | 7124 | (h) the terms and conditions under which the corporation may guarantee mortgage loans | |
| 3757 | - | ||
| 7125 | + | 3504 | |
| 3758 | 7126 | under each program of the corporation; and | |
| 3759 | - | ||
| 7127 | + | 3505 | |
| 3760 | 7128 | (i) any other matters related to the duties or exercise of powers under this section. | |
| 3761 | - | ||
| 7129 | + | 3506 | |
| 3762 | 7130 | (5)(a)(i) The trustees of the corporation shall elect the directors, trustees, and | |
| 3763 | - | ||
| 7131 | + | 3507 | |
| 3764 | 7132 | members, if any, of each subsidiary. | |
| 3765 | - | ||
| 7133 | + | 3508 | |
| 3766 | 7134 | (ii) Service by a trustee of the corporation in any of these capacities does not | |
| 3767 | - | ||
| 7135 | + | 3509 | |
| 3768 | 7136 | constitute a conflict of interest for any purpose. | |
| 3769 | - | ||
| 7137 | + | 3510 | |
| 3770 | 7138 | (iii) The corporation may delegate any of its powers and duties under this chapter to | |
| 3771 | - | ||
| 7139 | + | 3511 | |
| 3772 | 7140 | any subsidiary. | |
| 3773 | - | ||
| 7141 | + | 3512 | |
| 3774 | 7142 | (iv) Subsidiaries shall constitute legal entities separate and distinct from each other, | |
| 3775 | - | ||
| 7143 | + | 3513 | |
| 3776 | 7144 | the corporation, and the state. | |
| 3777 | - | ||
| 7145 | + | 3514 | |
| 3778 | 7146 | (b) A note, bond, and other obligation of a subsidiary shall contain on its face a | |
| 3779 | - | ||
| 7147 | + | 3515 | |
| 3780 | 7148 | statement to the effect that: | |
| 3781 | - | ||
| 7149 | + | 3516 | |
| 3782 | 7150 | (i) the subsidiary is obligated to pay the note, bond, or other obligation solely from | |
| 3783 | - | ||
| 7151 | + | 3517 | |
| 3784 | 7152 | the revenues or other funds of the subsidiary; | |
| 3785 | - | ||
| 7153 | + | 3518 | |
| 3786 | 7154 | (ii) neither the corporation, nor the state, nor any of its political subdivisions is | |
| 3787 | - | ||
| 7155 | + | 3519 | |
| 3788 | 7156 | obligated to pay the note, bond, or other obligation; and | |
| 3789 | - | ||
| 7157 | + | 3520 | |
| 3790 | 7158 | (iii) neither the faith and credit nor the taxing power of the state or its political | |
| 3791 | - | ||
| 7159 | + | 3521 | |
| 3792 | 7160 | subdivisions is pledged to the payment of principal, the redemption price of, or the | |
| 3793 | - | ||
| 7161 | + | 3522 | |
| 3794 | 7162 | interest on, the note, bond, or other obligation. | |
| 3795 | - | ||
| 7163 | + | 3523 | |
| 3796 | 7164 | (c) Upon dissolution of a subsidiary of the corporation, any assets shall revert to the | |
| 3797 | - | - 55 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 3798 | - | 1864 | |
| 7165 | + | 3524 | |
| 3799 | 7166 | corporation or to a successor to the corporation or, failing this succession, to the state. | |
| 3800 | - | ||
| 7167 | + | 3525 | |
| 3801 | 7168 | (6)(a) The corporation may, with the approval of the state treasurer: | |
| 3802 | - | ||
| 7169 | + | 3526 | |
| 3803 | 7170 | (i) enter into interest rate contracts that its trustees determine are necessary, | |
| 3804 | - | ||
| 7171 | + | 3527 | |
| 3805 | 7172 | convenient, or appropriate for the control or management of debt or for the cost of | |
| 3806 | - | ||
| 7173 | + | 3528 | |
| 3807 | 7174 | servicing debt; and | |
| 3808 | - | ||
| 7175 | + | 3529 | |
| 3809 | 7176 | (ii) use corporation funds to satisfy its payment obligations under those contracts. | |
| 3810 | - | ||
| 7177 | + | 3530 | |
| 3811 | 7178 | (b) An interest rate contract may contain payment, security, default, termination, | |
| 3812 | - | ||
| 7179 | + | 3531 | |
| 3813 | 7180 | remedy, and other terms and conditions that the trustees consider appropriate. | |
| 3814 | - | ||
| 7181 | + | 3532 | |
| 3815 | 7182 | (c) An interest rate contract and funds used in connection with an interest rate contract | |
| 3816 | - | 1873 | |
| 7183 | + | - 104 - 02-26 10:50 S.B. 337 | |
| 7184 | + | 3533 | |
| 3817 | 7185 | may not be considered a deposit or investment. | |
| 3818 | - | ||
| 3819 | - | (7) The corporation shall coordinate with the | |
| 3820 | - | ||
| 3821 | - | Economic Opportunity in fulfilling the corporation's duties. | |
| 3822 | - | ||
| 3823 | - | Section | |
| 3824 | - | ||
| 7186 | + | 3534 | |
| 7187 | + | (7) The corporation shall coordinate with the chief executive officer of the Governor's | |
| 7188 | + | 3535 | |
| 7189 | + | Office of Economic Opportunity in fulfilling the corporation's duties. | |
| 7190 | + | 3536 | |
| 7191 | + | Section 53. Section 63I-1-263 is amended to read: | |
| 7192 | + | 3537 | |
| 3825 | 7193 | 63I-1-263 (Effective 05/07/25). Repeal dates: Titles 63A to 63O. | |
| 3826 | - | ||
| 7194 | + | 3538 | |
| 3827 | 7195 | (1) Subsection 63A-5b-405(5), regarding prioritizing and allocating capital improvement | |
| 3828 | - | ||
| 7196 | + | 3539 | |
| 3829 | 7197 | funding, is repealed July 1, 2024. | |
| 3830 | - | ||
| 7198 | + | 3540 | |
| 3831 | 7199 | (2) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1, | |
| 3832 | - | ||
| 7200 | + | 3541 | |
| 3833 | 7201 | 2028. | |
| 3834 | - | ||
| 7202 | + | 3542 | |
| 3835 | 7203 | (3) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1, 2025. | |
| 3836 | - | ||
| 7204 | + | 3543 | |
| 3837 | 7205 | (4) Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed | |
| 3838 | - | ||
| 7206 | + | 3544 | |
| 3839 | 7207 | December 31, 2026. | |
| 3840 | - | ||
| 7208 | + | 3545 | |
| 3841 | 7209 | (5) Title 63C, Chapter 23, Education and Mental Health Coordinating Committee, is | |
| 3842 | - | ||
| 7210 | + | 3546 | |
| 3843 | 7211 | repealed December 31, 2024. | |
| 3844 | - | ||
| 7212 | + | 3547 | |
| 3845 | 7213 | (6) Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027. | |
| 3846 | - | ||
| 7214 | + | 3548 | |
| 3847 | 7215 | (7) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032. | |
| 3848 | - | ||
| 7216 | + | 3549 | |
| 3849 | 7217 | (8) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026. | |
| 3850 | - | ||
| 7218 | + | 3550 | |
| 3851 | 7219 | (9) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July | |
| 3852 | - | ||
| 7220 | + | 3551 | |
| 3853 | 7221 | 1, 2028. | |
| 3854 | - | ||
| 7222 | + | 3552 | |
| 3855 | 7223 | (10) Section 63G-6a-805, Purchase from community rehabilitation programs, is repealed | |
| 3856 | - | ||
| 7224 | + | 3553 | |
| 3857 | 7225 | July 1, 2026. | |
| 3858 | - | ||
| 7226 | + | 3554 | |
| 3859 | 7227 | (11) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028. | |
| 3860 | - | ||
| 7228 | + | 3555 | |
| 3861 | 7229 | (12) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1, | |
| 3862 | - | ||
| 7230 | + | 3556 | |
| 3863 | 7231 | 2029. | |
| 3864 | - | ||
| 7232 | + | 3557 | |
| 3865 | 7233 | [(13) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.] | |
| 3866 | - | - 56 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 3867 | - | 1898 | |
| 7234 | + | 3558 | |
| 3868 | 7235 | [(14)] (13) Subsection 63J-1-602.2(16), related to the Communication Habits to reduce | |
| 3869 | - | ||
| 7236 | + | 3559 | |
| 3870 | 7237 | Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029. | |
| 3871 | - | ||
| 7238 | + | 3560 | |
| 3872 | 7239 | [(15)] (14) Subsection 63J-1-602.2(26), regarding the Utah Seismic Safety Commission, is | |
| 3873 | - | ||
| 7240 | + | 3561 | |
| 3874 | 7241 | repealed January 1, 2025. | |
| 3875 | - | ||
| 7242 | + | 3562 | |
| 3876 | 7243 | [(16)] (15) Section 63L-11-204, Canyon resource management plan, is repealed July 1, 2025. | |
| 3877 | - | ||
| 7244 | + | 3563 | |
| 3878 | 7245 | [(17)] (16) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, | |
| 3879 | - | ||
| 7246 | + | 3564 | |
| 3880 | 7247 | is repealed July 1, 2027. | |
| 3881 | - | ||
| 7248 | + | 3565 | |
| 3882 | 7249 | [(18)] (17) Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is | |
| 3883 | - | ||
| 7250 | + | 3566 | |
| 3884 | 7251 | repealed July 1, 2027. | |
| 3885 | - | 1907 | |
| 7252 | + | - 105 - S.B. 337 02-26 10:50 | |
| 7253 | + | 3567 | |
| 3886 | 7254 | [(19)] (18) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses, | |
| 3887 | - | ||
| 7255 | + | 3568 | |
| 3888 | 7256 | is repealed July 1, 2029. | |
| 3889 | - | ||
| 7257 | + | 3569 | |
| 3890 | 7258 | [(20)] (19) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026. | |
| 3891 | - | ||
| 7259 | + | 3570 | |
| 3892 | 7260 | (20) Section 63N-1a-303.2, Coordination of future Office of Housing and Community | |
| 3893 | - | ||
| 7261 | + | 3571 | |
| 3894 | 7262 | Planning, is repealed July 1, 2026. | |
| 3895 | - | ||
| 7263 | + | 3572 | |
| 3896 | 7264 | (21) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed | |
| 3897 | - | ||
| 7265 | + | 3573 | |
| 3898 | 7266 | January 1, 2030. | |
| 3899 | - | ||
| 7267 | + | 3574 | |
| 3900 | 7268 | (22) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028. | |
| 3901 | - | ||
| 7269 | + | 3575 | |
| 3902 | 7270 | (23) Subsection 63N-2-511(1)(b), regarding the Board of Tourism Development, is | |
| 3903 | - | ||
| 7271 | + | 3576 | |
| 3904 | 7272 | repealed July 1, 2025. | |
| 3905 | - | ||
| 7273 | + | 3577 | |
| 3906 | 7274 | (24) Section 63N-2-512, Hotel Impact Mitigation Fund, is repealed July 1, 2028. | |
| 3907 | - | ||
| 7275 | + | 3578 | |
| 3908 | 7276 | (25) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed July | |
| 3909 | - | ||
| 7277 | + | 3579 | |
| 3910 | 7278 | 1, 2027. | |
| 3911 | - | ||
| 7279 | + | 3580 | |
| 3912 | 7280 | (26) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is | |
| 3913 | - | ||
| 7281 | + | 3581 | |
| 3914 | 7282 | repealed July 1, 2025. | |
| 3915 | - | ||
| 7283 | + | 3582 | |
| 3916 | 7284 | (27) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed July | |
| 3917 | - | ||
| 7285 | + | 3583 | |
| 3918 | 7286 | 1, 2028. | |
| 3919 | - | ||
| 7287 | + | 3584 | |
| 3920 | 7288 | (28) Section 63N-4-804, which creates the Rural Opportunity Advisory Committee, is | |
| 3921 | - | ||
| 7289 | + | 3585 | |
| 3922 | 7290 | repealed July 1, 2027. | |
| 3923 | - | ||
| 7291 | + | 3586 | |
| 3924 | 7292 | (29) Subsection 63N-4-805(5)(b), regarding the Rural Employment Expansion Program, is | |
| 3925 | - | ||
| 7293 | + | 3587 | |
| 3926 | 7294 | repealed July 1, 2028. | |
| 3927 | - | ||
| 7295 | + | 3588 | |
| 3928 | 7296 | (30) Subsection 63N-7-101(1), regarding the Board of Tourism Development, is repealed | |
| 3929 | - | ||
| 7297 | + | 3589 | |
| 3930 | 7298 | July 1, 2025. | |
| 3931 | - | ||
| 7299 | + | 3590 | |
| 3932 | 7300 | (31) Subsection 63N-7-102(3)(c), regarding a requirement for the Utah Office of Tourism | |
| 3933 | - | ||
| 7301 | + | 3591 | |
| 3934 | 7302 | to receive approval from the Board of Tourism Development, is repealed July 1, 2025. | |
| 3935 | - | - 57 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 3936 | - | 1932 | |
| 7303 | + | 3592 | |
| 3937 | 7304 | (32) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1, 2025. | |
| 3938 | - | ||
| 3939 | - | Section | |
| 3940 | - | ||
| 3941 | - | 63J-1-602.1 (Effective 07 | |
| 3942 | - | ||
| 7305 | + | 3593 | |
| 7306 | + | Section 54. Section 63J-1-602.1 is amended to read: | |
| 7307 | + | 3594 | |
| 7308 | + | 63J-1-602.1 (Effective 05/07/25). List of nonlapsing appropriations from | |
| 7309 | + | 3595 | |
| 3943 | 7310 | accounts and funds. | |
| 3944 | - | ||
| 7311 | + | 3596 | |
| 3945 | 7312 | Appropriations made from the following accounts or funds are nonlapsing: | |
| 3946 | - | ||
| 7313 | + | 3597 | |
| 3947 | 7314 | (1) The Native American Repatriation Restricted Account created in Section 9-9-407. | |
| 3948 | - | ||
| 7315 | + | 3598 | |
| 3949 | 7316 | (2) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as | |
| 3950 | - | ||
| 7317 | + | 3599 | |
| 3951 | 7318 | provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act. | |
| 3952 | - | ||
| 7319 | + | 3600 | |
| 3953 | 7320 | (3) Funds collected for directing and administering the C-PACE district created in Section | |
| 3954 | - | 1941 | |
| 7321 | + | - 106 - 02-26 10:50 S.B. 337 | |
| 7322 | + | 3601 | |
| 3955 | 7323 | 11-42a-106. | |
| 3956 | - | ||
| 7324 | + | 3602 | |
| 3957 | 7325 | (4) Money received by the Utah Inland Port Authority, as provided in Section 11-58-105. | |
| 3958 | - | ||
| 7326 | + | 3603 | |
| 3959 | 7327 | (5) The Commerce Electronic Payment Fee Restricted Account created in Section 13-1-17. | |
| 3960 | - | ||
| 7328 | + | 3604 | |
| 3961 | 7329 | (6) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section | |
| 3962 | - | ||
| 7330 | + | 3605 | |
| 3963 | 7331 | 19-2a-106. | |
| 3964 | - | ||
| 7332 | + | 3606 | |
| 3965 | 7333 | (7) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in | |
| 3966 | - | ||
| 7334 | + | 3607 | |
| 3967 | 7335 | Section 19-5-126. | |
| 3968 | - | ||
| 7336 | + | 3608 | |
| 3969 | 7337 | (8) State funds for matching federal funds in the Children's Health Insurance Program as | |
| 3970 | - | ||
| 7338 | + | 3609 | |
| 3971 | 7339 | provided in Section 26B-3-906. | |
| 3972 | - | ||
| 7340 | + | 3610 | |
| 3973 | 7341 | (9) Funds collected from the program fund for local health department expenses incurred in | |
| 3974 | - | ||
| 7342 | + | 3611 | |
| 3975 | 7343 | responding to a local health emergency under Section 26B-7-111. | |
| 3976 | - | ||
| 7344 | + | 3612 | |
| 3977 | 7345 | (10) The Technology Development Restricted Account created in Section 31A-3-104. | |
| 3978 | - | ||
| 7346 | + | 3613 | |
| 3979 | 7347 | (11) The Criminal Background Check Restricted Account created in Section 31A-3-105. | |
| 3980 | - | ||
| 7348 | + | 3614 | |
| 3981 | 7349 | (12) The Captive Insurance Restricted Account created in Section 31A-3-304, except to the | |
| 3982 | - | ||
| 7350 | + | 3615 | |
| 3983 | 7351 | extent that Section 31A-3-304 makes the money received under that section free revenue. | |
| 3984 | - | ||
| 7352 | + | 3616 | |
| 3985 | 7353 | (13) The Title Licensee Enforcement Restricted Account created in Section 31A-23a-415. | |
| 3986 | - | ||
| 7354 | + | 3617 | |
| 3987 | 7355 | (14) The Health Insurance Actuarial Review Restricted Account created in Section | |
| 3988 | - | ||
| 7356 | + | 3618 | |
| 3989 | 7357 | 31A-30-115. | |
| 3990 | - | ||
| 7358 | + | 3619 | |
| 3991 | 7359 | (15) The State Mandated Insurer Payments Restricted Account created in Section | |
| 3992 | - | ||
| 7360 | + | 3620 | |
| 3993 | 7361 | 31A-30-118. | |
| 3994 | - | ||
| 7362 | + | 3621 | |
| 3995 | 7363 | (16) The Insurance Fraud Investigation Restricted Account created in Section 31A-31-108. | |
| 3996 | - | ||
| 7364 | + | 3622 | |
| 3997 | 7365 | (17) The Underage Drinking Prevention Media and Education Campaign Restricted | |
| 3998 | - | ||
| 7366 | + | 3623 | |
| 3999 | 7367 | Account created in Section 32B-2-306. | |
| 4000 | - | ||
| 7368 | + | 3624 | |
| 4001 | 7369 | (18) The Drinking While Pregnant Prevention Media and Education Campaign Restricted | |
| 4002 | - | ||
| 7370 | + | 3625 | |
| 4003 | 7371 | Account created in Section 32B-2-308. | |
| 4004 | - | - 58 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4005 | - | 1966 | |
| 7372 | + | 3626 | |
| 4006 | 7373 | (19) The School Readiness Restricted Account created in Section 35A-15-203. | |
| 4007 | - | ||
| 7374 | + | 3627 | |
| 4008 | 7375 | (20) Money received by the Utah State Office of Rehabilitation for the sale of certain | |
| 4009 | - | ||
| 7376 | + | 3628 | |
| 4010 | 7377 | products or services, as provided in Section 35A-13-202. | |
| 4011 | - | ||
| 7378 | + | 3629 | |
| 4012 | 7379 | (21) The Homeless Shelter Cities Mitigation Restricted Account created in Section | |
| 4013 | - | ||
| 7380 | + | 3630 | |
| 4014 | 7381 | 35A-16-402. | |
| 4015 | - | ||
| 7382 | + | 3631 | |
| 4016 | 7383 | (22) The Oil and Gas Administrative Penalties Account created in Section 40-6-11. | |
| 4017 | - | ||
| 7384 | + | 3632 | |
| 4018 | 7385 | (23) The Oil and Gas Conservation Account created in Section 40-6-14.5. | |
| 4019 | - | ||
| 7386 | + | 3633 | |
| 4020 | 7387 | (24) The Division of Oil, Gas, and Mining Restricted account created in Section 40-6-23. | |
| 4021 | - | ||
| 7388 | + | 3634 | |
| 4022 | 7389 | (25) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to the | |
| 4023 | - | 1975 | |
| 7390 | + | - 107 - S.B. 337 02-26 10:50 | |
| 7391 | + | 3635 | |
| 4024 | 7392 | Motor Vehicle Division. | |
| 4025 | - | ||
| 7393 | + | 3636 | |
| 4026 | 7394 | (26) The License Plate Restricted Account created by Section 41-1a-122. | |
| 4027 | - | ||
| 7395 | + | 3637 | |
| 4028 | 7396 | (27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account | |
| 4029 | - | ||
| 7397 | + | 3638 | |
| 4030 | 7398 | created by Section 41-3-110 to the State Tax Commission. | |
| 4031 | - | ||
| 7399 | + | 3639 | |
| 4032 | 7400 | (28) The State Disaster Recovery Restricted Account to the Division of Emergency | |
| 4033 | - | ||
| 7401 | + | 3640 | |
| 4034 | 7402 | Management, as provided in Section 53-2a-603. | |
| 4035 | - | ||
| 7403 | + | 3641 | |
| 4036 | 7404 | (29) The Response, Recovery, and Post-disaster Mitigation Restricted Account created in | |
| 4037 | - | ||
| 7405 | + | 3642 | |
| 4038 | 7406 | Section 53-2a-1302. | |
| 4039 | - | ||
| 7407 | + | 3643 | |
| 4040 | 7408 | (30) The Department of Public Safety Restricted Account to the Department of Public | |
| 4041 | - | ||
| 7409 | + | 3644 | |
| 4042 | 7410 | Safety, as provided in Section 53-3-106. | |
| 4043 | - | ||
| 7411 | + | 3645 | |
| 4044 | 7412 | (31) The Utah Highway Patrol Aero Bureau Restricted Account created in Section 53-8-303. | |
| 4045 | - | ||
| 7413 | + | 3646 | |
| 4046 | 7414 | (32) The DNA Specimen Restricted Account created in Section 53-10-407. | |
| 4047 | - | ||
| 7415 | + | 3647 | |
| 4048 | 7416 | (33) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118. | |
| 4049 | - | ||
| 7417 | + | 3648 | |
| 4050 | 7418 | (34) The Higher Education Capital Projects Fund created in Section 53B-22-202. | |
| 4051 | - | ||
| 7419 | + | 3649 | |
| 4052 | 7420 | (35) A certain portion of money collected for administrative costs under the School | |
| 4053 | - | ||
| 7421 | + | 3650 | |
| 4054 | 7422 | Institutional Trust Lands Management Act, as provided under Section 53C-3-202. | |
| 4055 | - | ||
| 7423 | + | 3651 | |
| 4056 | 7424 | (36) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5, subject | |
| 4057 | - | ||
| 7425 | + | 3652 | |
| 4058 | 7426 | to Subsection 54-5-1.5(4)(d). | |
| 4059 | - | ||
| 7427 | + | 3653 | |
| 4060 | 7428 | (37) Funds collected from a surcharge fee to provide certain licensees with access to an | |
| 4061 | - | ||
| 7429 | + | 3654 | |
| 4062 | 7430 | electronic reference library, as provided in Section 58-3a-105. | |
| 4063 | - | ||
| 7431 | + | 3655 | |
| 4064 | 7432 | (38) Certain fines collected by the Division of Professional Licensing for violation of | |
| 4065 | - | ||
| 7433 | + | 3656 | |
| 4066 | 7434 | unlawful or unprofessional conduct that are used for education and enforcement | |
| 4067 | - | ||
| 7435 | + | 3657 | |
| 4068 | 7436 | purposes, as provided in Section 58-17b-505. | |
| 4069 | - | ||
| 7437 | + | 3658 | |
| 4070 | 7438 | (39) Funds collected from a surcharge fee to provide certain licensees with access to an | |
| 4071 | - | ||
| 7439 | + | 3659 | |
| 4072 | 7440 | electronic reference library, as provided in Section 58-22-104. | |
| 4073 | - | - 59 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 4074 | - | 2000 | |
| 7441 | + | 3660 | |
| 4075 | 7442 | (40) Funds collected from a surcharge fee to provide certain licensees with access to an | |
| 4076 | - | ||
| 7443 | + | 3661 | |
| 4077 | 7444 | electronic reference library, as provided in Section 58-55-106. | |
| 4078 | - | ||
| 7445 | + | 3662 | |
| 4079 | 7446 | (41) Funds collected from a surcharge fee to provide certain licensees with access to an | |
| 4080 | - | ||
| 7447 | + | 3663 | |
| 4081 | 7448 | electronic reference library, as provided in Section 58-56-3.5. | |
| 4082 | - | ||
| 7449 | + | 3664 | |
| 4083 | 7450 | (42) Certain fines collected by the Division of Professional Licensing for use in education | |
| 4084 | - | ||
| 7451 | + | 3665 | |
| 4085 | 7452 | and enforcement of the Security Personnel Licensing Act, as provided in Section | |
| 4086 | - | ||
| 7453 | + | 3666 | |
| 4087 | 7454 | 58-63-103. | |
| 4088 | - | ||
| 7455 | + | 3667 | |
| 4089 | 7456 | (43) The Relative Value Study Restricted Account created in Section 59-9-105. | |
| 4090 | - | ||
| 7457 | + | 3668 | |
| 4091 | 7458 | (44) The Cigarette Tax Restricted Account created in Section 59-14-204. | |
| 4092 | - | 2009 | |
| 7459 | + | - 108 - 02-26 10:50 S.B. 337 | |
| 7460 | + | 3669 | |
| 4093 | 7461 | (45) Funds paid to the Division of Real Estate for the cost of a criminal background check | |
| 4094 | - | ||
| 7462 | + | 3670 | |
| 4095 | 7463 | for a mortgage loan license, as provided in Section 61-2c-202. | |
| 4096 | - | ||
| 7464 | + | 3671 | |
| 4097 | 7465 | (46) Funds paid to the Division of Real Estate for the cost of a criminal background check | |
| 4098 | - | ||
| 7466 | + | 3672 | |
| 4099 | 7467 | for principal broker, associate broker, and sales agent licenses, as provided in Section | |
| 4100 | - | ||
| 7468 | + | 3673 | |
| 4101 | 7469 | 61-2f-204. | |
| 4102 | - | ||
| 7470 | + | 3674 | |
| 4103 | 7471 | (47) Certain funds donated to the Department of Health and Human Services, as provided | |
| 4104 | - | ||
| 7472 | + | 3675 | |
| 4105 | 7473 | in Section 26B-1-202. | |
| 4106 | - | ||
| 7474 | + | 3676 | |
| 4107 | 7475 | (48) Certain funds donated to the Division of Child and Family Services, as provided in | |
| 4108 | - | ||
| 7476 | + | 3677 | |
| 4109 | 7477 | Section 80-2-404. | |
| 4110 | - | ||
| 7478 | + | 3678 | |
| 4111 | 7479 | (49) Funds collected by the Office of Administrative Rules for publishing, as provided in | |
| 4112 | - | ||
| 7480 | + | 3679 | |
| 4113 | 7481 | Section 63G-3-402. | |
| 4114 | - | ||
| 7482 | + | 3680 | |
| 4115 | 7483 | (50) The Immigration Act Restricted Account created in Section 63G-12-103. | |
| 4116 | - | ||
| 7484 | + | 3681 | |
| 4117 | 7485 | (51) Money received by the military installation development authority, as provided in | |
| 4118 | - | ||
| 7486 | + | 3682 | |
| 4119 | 7487 | Section 63H-1-504. | |
| 4120 | - | ||
| 7488 | + | 3683 | |
| 4121 | 7489 | (52) The Unified Statewide 911 Emergency Service Account created in Section 63H-7a-304. | |
| 4122 | - | ||
| 7490 | + | 3684 | |
| 4123 | 7491 | (53) The Utah Statewide Radio System Restricted Account created in Section 63H-7a-403. | |
| 4124 | - | ||
| 7492 | + | 3685 | |
| 4125 | 7493 | (54) The Utah Capital Investment Restricted Account created in Section 63N-6-204. | |
| 4126 | - | ||
| 7494 | + | 3686 | |
| 4127 | 7495 | (55) The Motion Picture Incentive Account created in Section 63N-8-103. | |
| 4128 | - | ||
| 7496 | + | 3687 | |
| 4129 | 7497 | (56) Funds collected by the housing of state probationary inmates or state parole inmates, as | |
| 4130 | - | ||
| 7498 | + | 3688 | |
| 4131 | 7499 | provided in Subsection 64-13e-104(2). | |
| 4132 | - | ||
| 7500 | + | 3689 | |
| 4133 | 7501 | (57) Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and | |
| 4134 | - | ||
| 7502 | + | 3690 | |
| 4135 | 7503 | State Lands, as provided in Section 65A-8-103. | |
| 4136 | - | ||
| 7504 | + | 3691 | |
| 4137 | 7505 | (58) The following funds or accounts created in Section 72-2-124: | |
| 4138 | - | ||
| 7506 | + | 3692 | |
| 4139 | 7507 | (a) Transportation Investment Fund of 2005; | |
| 4140 | - | ||
| 7508 | + | 3693 | |
| 4141 | 7509 | (b) Transit Transportation Investment Fund; | |
| 4142 | - | - 60 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4143 | - | 2034 | |
| 7510 | + | 3694 | |
| 4144 | 7511 | (c) Cottonwood Canyons Transportation Investment Fund; | |
| 4145 | - | ||
| 7512 | + | 3695 | |
| 4146 | 7513 | (d) Active Transportation Investment Fund; and | |
| 4147 | - | ||
| 7514 | + | 3696 | |
| 4148 | 7515 | (e) Commuter Rail Subaccount. | |
| 4149 | - | ||
| 7516 | + | 3697 | |
| 4150 | 7517 | (59) The Amusement Ride Safety Restricted Account, as provided in Section 72-16-204. | |
| 4151 | - | ||
| 7518 | + | 3698 | |
| 4152 | 7519 | (60) Certain funds received by the Office of the State Engineer for well drilling fines or | |
| 4153 | - | ||
| 7520 | + | 3699 | |
| 4154 | 7521 | bonds, as provided in Section 73-3-25. | |
| 4155 | - | ||
| 7522 | + | 3700 | |
| 4156 | 7523 | (61) The Water Resources Conservation and Development Fund, as provided in Section | |
| 4157 | - | ||
| 7524 | + | 3701 | |
| 4158 | 7525 | 73-23-2. | |
| 4159 | - | ||
| 7526 | + | 3702 | |
| 4160 | 7527 | (62) Award money under the State Asset Forfeiture Grant Program, as provided under | |
| 4161 | - | 2043 | |
| 7528 | + | - 109 - S.B. 337 02-26 10:50 | |
| 7529 | + | 3703 | |
| 4162 | 7530 | Section 77-11b-403. | |
| 4163 | - | ||
| 7531 | + | 3704 | |
| 4164 | 7532 | (63) Funds donated or paid to a juvenile court by private sources, as provided in Subsection | |
| 4165 | - | ||
| 7533 | + | 3705 | |
| 4166 | 7534 | 78A-6-203(1)(c). | |
| 4167 | - | ||
| 7535 | + | 3706 | |
| 4168 | 7536 | (64) Fees for certificate of admission created under Section 78A-9-102. | |
| 4169 | - | ||
| 7537 | + | 3707 | |
| 4170 | 7538 | (65) Funds collected for adoption document access as provided in Sections 78B-6-141, | |
| 4171 | - | ||
| 7539 | + | 3708 | |
| 4172 | 7540 | 78B-6-144, and 78B-6-144.5. | |
| 4173 | - | ||
| 7541 | + | 3709 | |
| 4174 | 7542 | (66) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah | |
| 4175 | - | ||
| 7543 | + | 3710 | |
| 4176 | 7544 | Indigent Defense Commission. | |
| 4177 | - | ||
| 7545 | + | 3711 | |
| 4178 | 7546 | (67) The Utah Geological Survey Restricted Account created in Section 79-3-403. | |
| 4179 | - | ||
| 7547 | + | 3712 | |
| 4180 | 7548 | (68) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State Park, | |
| 4181 | - | ||
| 7549 | + | 3713 | |
| 4182 | 7550 | and Green River State Park, as provided under Section 79-4-403. | |
| 4183 | - | ||
| 7551 | + | 3714 | |
| 4184 | 7552 | (69) Certain funds received by the Division of State Parks from the sale or disposal of | |
| 4185 | - | ||
| 7553 | + | 3715 | |
| 4186 | 7554 | buffalo, as provided under Section 79-4-1001. | |
| 4187 | - | ||
| 7555 | + | 3716 | |
| 4188 | 7556 | (70) Money received by the Beehive Development Agency, as provided in Section | |
| 4189 | - | ||
| 7557 | + | 3717 | |
| 4190 | 7558 | 11-71-103. | |
| 4191 | - | ||
| 4192 | - | Section | |
| 4193 | - | ||
| 7559 | + | 3718 | |
| 7560 | + | Section 55. Section 63N-1a-102 is amended to read: | |
| 7561 | + | 3719 | |
| 4194 | 7562 | 63N-1a-102 (Effective 05/07/25). Definitions. | |
| 4195 | - | ||
| 7563 | + | 3720 | |
| 4196 | 7564 | As used in this title: | |
| 4197 | - | ||
| 7565 | + | 3721 | |
| 4198 | 7566 | (1) "Baseline jobs" means the number of full-time employee positions that existed within a | |
| 4199 | - | ||
| 7567 | + | 3722 | |
| 4200 | 7568 | business entity in the state before the date on which a project related to the business | |
| 4201 | - | ||
| 7569 | + | 3723 | |
| 4202 | 7570 | entity is approved by the office[ or by the GOEO board]. | |
| 4203 | - | ||
| 7571 | + | 3724 | |
| 4204 | 7572 | (2) "Baseline state revenue" means the amount of state tax revenue collected from a | |
| 4205 | - | ||
| 7573 | + | 3725 | |
| 4206 | 7574 | business entity or the employees of a business entity during the year before the date on | |
| 4207 | - | ||
| 7575 | + | 3726 | |
| 4208 | 7576 | which a project related to the business entity is approved by the office[ or by the GOEO | |
| 4209 | - | ||
| 7577 | + | 3727 | |
| 4210 | 7578 | board]. | |
| 4211 | - | - 61 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 4212 | - | 2068 | |
| 7579 | + | 3728 | |
| 4213 | 7580 | [(3) "Commission" means the Unified Economic Opportunity Commission created in | |
| 4214 | - | ||
| 7581 | + | 3729 | |
| 4215 | 7582 | Section 63N-1a-201.] | |
| 4216 | - | 2070 | |
| 4217 | - | [(4)] (3) "Commissioner" means the commissioner of the Governor's Office of Economic | |
| 4218 | - | 2071 | |
| 4219 | - | Opportunity, appointed under Section 63N-1a-302. | |
| 4220 | - | 2072 | |
| 7583 | + | 3730 | |
| 7584 | + | [(4)] (3) "Chief executive officer" means the chief executive officer of the Governor's Office of | |
| 7585 | + | Economic Opportunity. | |
| 7586 | + | 3731 | |
| 4221 | 7587 | (4) "Council" means the Economic Opportunity Coordinating Council created in Section | |
| 4222 | - | ||
| 7588 | + | 3732 | |
| 4223 | 7589 | 63N-1a-501. | |
| 4224 | - | ||
| 7590 | + | 3733 | |
| 4225 | 7591 | (5) "Economic opportunity agency" includes: | |
| 4226 | - | ||
| 7592 | + | 3734 | |
| 4227 | 7593 | (a) the Department of Workforce Services; | |
| 4228 | - | ||
| 7594 | + | 3735 | |
| 4229 | 7595 | (b) the Department of Cultural and Community Engagement; | |
| 4230 | - | 2077 | |
| 7596 | + | - 110 - 02-26 10:50 S.B. 337 | |
| 7597 | + | 3736 | |
| 4231 | 7598 | (c) the Department of Commerce; | |
| 4232 | - | ||
| 7599 | + | 3737 | |
| 4233 | 7600 | (d) the Department of Natural Resources; | |
| 4234 | - | ||
| 7601 | + | 3738 | |
| 4235 | 7602 | (e) the Office of Energy Development; | |
| 4236 | - | ||
| 7603 | + | 3739 | |
| 4237 | 7604 | (f) the State Board of Education; | |
| 4238 | - | ||
| 7605 | + | 3740 | |
| 4239 | 7606 | (g) institutions of higher education; | |
| 4240 | - | ||
| 7607 | + | 3741 | |
| 4241 | 7608 | (h) the Utah Multicultural Commission; | |
| 4242 | - | ||
| 7609 | + | 3742 | |
| 4243 | 7610 | (i) the World Trade Center Utah; | |
| 4244 | - | ||
| 7611 | + | 3743 | |
| 4245 | 7612 | (j) local government entities; | |
| 4246 | - | ||
| 7613 | + | 3744 | |
| 4247 | 7614 | (k) associations of governments; | |
| 4248 | - | ||
| 7615 | + | 3745 | |
| 4249 | 7616 | (l) the Utah League of Cities and Towns; | |
| 4250 | - | ||
| 7617 | + | 3746 | |
| 4251 | 7618 | (m) the Utah Association of Counties; | |
| 4252 | - | ||
| 7619 | + | 3747 | |
| 4253 | 7620 | (n) the Economic Development Corporation of Utah; | |
| 4254 | - | ||
| 7621 | + | 3748 | |
| 4255 | 7622 | (o) the Small Business Administration; | |
| 4256 | - | ||
| 7623 | + | 3749 | |
| 4257 | 7624 | (p) chambers of commerce; | |
| 4258 | - | ||
| 7625 | + | 3750 | |
| 4259 | 7626 | (q) industry associations; | |
| 4260 | - | ||
| 7627 | + | 3751 | |
| 4261 | 7628 | (r) small business development centers; and | |
| 4262 | - | 2093 | |
| 4263 | - | (s) other entities identified by the [commission or the executive director] commissioner. | |
| 4264 | - | 2094 | |
| 7629 | + | 3752 | |
| 7630 | + | (s) other entities identified by the [commission or the executive director] chief executive | |
| 7631 | + | 3753 | |
| 7632 | + | officer. | |
| 7633 | + | 3754 | |
| 4265 | 7634 | [(5) "Executive director" means the executive director of the office.] | |
| 4266 | - | ||
| 7635 | + | 3755 | |
| 4267 | 7636 | (6) "Full-time employee" means an employment position that is filled by an employee who | |
| 4268 | - | ||
| 7637 | + | 3756 | |
| 4269 | 7638 | works at least 30 hours per week and: | |
| 4270 | - | ||
| 7639 | + | 3757 | |
| 4271 | 7640 | (a) may include an employment position filled by more than one employee, if each | |
| 4272 | - | ||
| 7641 | + | 3758 | |
| 4273 | 7642 | employee who works less than 30 hours per week is provided benefits comparable to | |
| 4274 | - | ||
| 7643 | + | 3759 | |
| 4275 | 7644 | a full-time employee; and | |
| 4276 | - | ||
| 7645 | + | 3760 | |
| 4277 | 7646 | (b) may not include an employment position that is shifted from one jurisdiction in the | |
| 4278 | - | ||
| 7647 | + | 3761 | |
| 4279 | 7648 | state to another jurisdiction in the state. | |
| 4280 | - | - 62 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4281 | - | 2102 | |
| 7649 | + | 3762 | |
| 4282 | 7650 | [(7) "GOEO board" means the Board of Economic Opportunity created in Section | |
| 4283 | - | ||
| 7651 | + | 3763 | |
| 4284 | 7652 | 63N-1a-401.] | |
| 4285 | - | ||
| 7653 | + | 3764 | |
| 4286 | 7654 | [(8)] (7) "High paying job" means a newly created full-time employee position where the | |
| 4287 | - | ||
| 7655 | + | 3765 | |
| 4288 | 7656 | aggregate average annual gross wage of the employment position, not including health | |
| 4289 | - | ||
| 7657 | + | 3766 | |
| 4290 | 7658 | care or other paid or unpaid benefits, is: | |
| 4291 | - | ||
| 7659 | + | 3767 | |
| 4292 | 7660 | (a) at least 110% of the average wage of the county in which the employment position | |
| 4293 | - | ||
| 7661 | + | 3768 | |
| 4294 | 7662 | exists; or | |
| 4295 | - | ||
| 7663 | + | 3769 | |
| 4296 | 7664 | (b) for an employment position related to a project described in Chapter 2, Part 1, | |
| 4297 | - | 2110 | |
| 7665 | + | - 111 - S.B. 337 02-26 10:50 | |
| 7666 | + | 3770 | |
| 4298 | 7667 | Economic Development Tax Increment Financing, and that is located within the | |
| 4299 | - | ||
| 7668 | + | 3771 | |
| 4300 | 7669 | boundary of a county of the third, fourth, fifth, or sixth class, or located within a | |
| 4301 | - | ||
| 7670 | + | 3772 | |
| 4302 | 7671 | municipality in a county of the second class and where the municipality has a | |
| 4303 | - | ||
| 7672 | + | 3773 | |
| 4304 | 7673 | population of 10,000 or less: | |
| 4305 | - | ||
| 7674 | + | 3774 | |
| 4306 | 7675 | (i) at least 100% of the average wage of the county in which the employment position | |
| 4307 | - | ||
| 7676 | + | 3775 | |
| 4308 | 7677 | exists; or | |
| 4309 | - | ||
| 7678 | + | 3776 | |
| 4310 | 7679 | (ii) an amount determined by rule made by the office in accordance with Title 63G, | |
| 4311 | - | ||
| 7680 | + | 3777 | |
| 4312 | 7681 | Chapter 3, Utah Administrative Rulemaking Act, if the office determines the | |
| 4313 | - | ||
| 7682 | + | 3778 | |
| 4314 | 7683 | project is in a county experiencing economic distress. | |
| 4315 | - | ||
| 7684 | + | 3779 | |
| 4316 | 7685 | [(9)] (8)(a) "Incremental job" means a full-time employment position in the state that: | |
| 4317 | - | ||
| 7686 | + | 3780 | |
| 4318 | 7687 | (i) did not exist within a business entity in the state before the beginning of a project | |
| 4319 | - | ||
| 7688 | + | 3781 | |
| 4320 | 7689 | related to the business entity; and | |
| 4321 | - | ||
| 7690 | + | 3782 | |
| 4322 | 7691 | (ii) is created in addition to the number of baseline jobs that existed within a business | |
| 4323 | - | ||
| 7692 | + | 3783 | |
| 4324 | 7693 | entity. | |
| 4325 | - | ||
| 7694 | + | 3784 | |
| 4326 | 7695 | (b) "Incremental job" includes a full-time employment position where the employee is | |
| 4327 | - | ||
| 7696 | + | 3785 | |
| 4328 | 7697 | hired: | |
| 4329 | - | ||
| 7698 | + | 3786 | |
| 4330 | 7699 | (i) directly by a business entity; or | |
| 4331 | - | ||
| 7700 | + | 3787 | |
| 4332 | 7701 | (ii) by a professional employer organization, as defined in Section 31A-40-102, on | |
| 4333 | - | ||
| 7702 | + | 3788 | |
| 4334 | 7703 | behalf of a business entity. | |
| 4335 | - | ||
| 7704 | + | 3789 | |
| 4336 | 7705 | [(10)] (9) "New state revenue" means the state revenue collected from a business entity or a | |
| 4337 | - | ||
| 7706 | + | 3790 | |
| 4338 | 7707 | business entity's employees during a calendar year minus the baseline state revenue | |
| 4339 | - | ||
| 7708 | + | 3791 | |
| 4340 | 7709 | calculation. | |
| 4341 | - | ||
| 7710 | + | 3792 | |
| 4342 | 7711 | [(11)] (10) "Office" or "GOEO" means the Governor's Office of Economic Opportunity. | |
| 4343 | - | ||
| 7712 | + | 3793 | |
| 4344 | 7713 | [(12)] (11) "State revenue" means state tax liability paid by a business entity or a business | |
| 4345 | - | ||
| 7714 | + | 3794 | |
| 4346 | 7715 | entity's employees under any combination of the following provisions: | |
| 4347 | - | ||
| 7716 | + | 3795 | |
| 4348 | 7717 | (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes; | |
| 4349 | - | - 63 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 4350 | - | 2136 | |
| 7718 | + | 3796 | |
| 4351 | 7719 | (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and | |
| 4352 | - | ||
| 7720 | + | 3797 | |
| 4353 | 7721 | Information; | |
| 4354 | - | ||
| 7722 | + | 3798 | |
| 4355 | 7723 | (c) Title 59, Chapter 10, Part 2, Trusts and Estates; | |
| 4356 | - | ||
| 7724 | + | 3799 | |
| 4357 | 7725 | (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and | |
| 4358 | - | ||
| 7726 | + | 3800 | |
| 4359 | 7727 | (e) Title 59, Chapter 12, Sales and Use Tax Act. | |
| 4360 | - | ||
| 7728 | + | 3801 | |
| 4361 | 7729 | [(13)] (12) "State strategic goals" means the strategic goals listed in Section 63N-1a-103. | |
| 4362 | - | ||
| 7730 | + | 3802 | |
| 4363 | 7731 | [(14)] (13) "Statewide economic development strategy" means the economic development | |
| 4364 | - | ||
| 7732 | + | 3803 | |
| 4365 | 7733 | strategy developed by the commission in accordance with Section 63N-1a-202. | |
| 4366 | - | 2144 | |
| 7734 | + | - 112 - 02-26 10:50 S.B. 337 | |
| 7735 | + | 3804 | |
| 4367 | 7736 | [(15)] (14) "Talent board" means the Talent, Education, and Industry Alignment Board | |
| 4368 | - | ||
| 7737 | + | 3805 | |
| 4369 | 7738 | created in Section 53B-34-102. | |
| 4370 | - | ||
| 7739 | + | 3806 | |
| 4371 | 7740 | [(16)] (15) "Targeted industry" means an industry or group of industries targeted by the [ | |
| 4372 | - | ||
| 7741 | + | 3807 | |
| 4373 | 7742 | commission] council under Section [63N-1a-202] 63N-1a-502, for economic | |
| 4374 | - | ||
| 7743 | + | 3808 | |
| 4375 | 7744 | development in the state. | |
| 4376 | - | ||
| 4377 | - | Section | |
| 4378 | - | ||
| 7745 | + | 3809 | |
| 7746 | + | Section 56. Section 63N-1a-301 is amended to read: | |
| 7747 | + | 3810 | |
| 4379 | 7748 | 63N-1a-301 (Effective 05/07/25). Creation of office -- Responsibilities. | |
| 4380 | - | ||
| 7749 | + | 3811 | |
| 4381 | 7750 | (1) There is created the Governor's Office of Economic Opportunity. | |
| 4382 | - | ||
| 7751 | + | 3812 | |
| 4383 | 7752 | (2) The office is: | |
| 4384 | - | ||
| 7753 | + | 3813 | |
| 4385 | 7754 | (a) responsible for implementing the statewide economic development strategy | |
| 4386 | - | ||
| 7755 | + | 3814 | |
| 4387 | 7756 | developed by the [commission] council; and | |
| 4388 | - | ||
| 7757 | + | 3815 | |
| 4389 | 7758 | (b) the industrial and business promotion authority of the state. | |
| 4390 | - | ||
| 7759 | + | 3816 | |
| 4391 | 7760 | (3) The office shall: | |
| 4392 | - | ||
| 7761 | + | 3817 | |
| 4393 | 7762 | (a) consistent with the statewide economic development strategy, coordinate and align | |
| 4394 | - | ||
| 7763 | + | 3818 | |
| 4395 | 7764 | into a single effort the activities of the economic opportunity agencies in the field of | |
| 4396 | - | ||
| 7765 | + | 3819 | |
| 4397 | 7766 | economic development; | |
| 4398 | - | ||
| 7767 | + | 3820 | |
| 4399 | 7768 | (b) provide support and direction to economic opportunity agencies in establishing | |
| 4400 | - | ||
| 7769 | + | 3821 | |
| 4401 | 7770 | goals, metrics, and activities that align with the statewide economic development | |
| 4402 | - | ||
| 7771 | + | 3822 | |
| 4403 | 7772 | strategy; | |
| 4404 | - | ||
| 7773 | + | 3823 | |
| 4405 | 7774 | (c) administer and coordinate state and federal economic development grant programs; | |
| 4406 | - | ||
| 7775 | + | 3824 | |
| 4407 | 7776 | (d) promote and encourage the economic, commercial, financial, industrial, agricultural, | |
| 4408 | - | ||
| 7777 | + | 3825 | |
| 4409 | 7778 | and civic welfare of the state; | |
| 4410 | - | ||
| 7779 | + | 3826 | |
| 4411 | 7780 | (e) promote and encourage the employment of workers in the state and the purchase of | |
| 4412 | - | ||
| 7781 | + | 3827 | |
| 4413 | 7782 | goods and services produced in the state by local businesses; | |
| 4414 | - | ||
| 7783 | + | 3828 | |
| 4415 | 7784 | (f) act to create, develop, attract, and retain business, industry, and commerce in the state: | |
| 4416 | - | ||
| 7785 | + | 3829 | |
| 4417 | 7786 | (i) in accordance with the statewide economic development plan and [commission] | |
| 4418 | - | - 64 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4419 | - | 2170 | |
| 7787 | + | 3830 | |
| 4420 | 7788 | council directives; and | |
| 4421 | - | ||
| 7789 | + | 3831 | |
| 4422 | 7790 | (ii) subject to the restrictions in Section 11-41-103; | |
| 4423 | - | ||
| 7791 | + | 3832 | |
| 4424 | 7792 | (g) act to enhance the state's economy; | |
| 4425 | - | ||
| 7793 | + | 3833 | |
| 4426 | 7794 | (h) act to assist strategic industries that are likely to drive future economic growth; | |
| 4427 | - | ||
| 7795 | + | 3834 | |
| 4428 | 7796 | (i) assist communities in the state in developing economic development capacity and | |
| 4429 | - | ||
| 7797 | + | 3835 | |
| 4430 | 7798 | coordination with other communities; | |
| 4431 | - | ||
| 7799 | + | 3836 | |
| 4432 | 7800 | (j) identify areas of education and workforce development in the state that can be | |
| 4433 | - | ||
| 7801 | + | 3837 | |
| 4434 | 7802 | improved to support economic and business development; | |
| 4435 | - | 2178 | |
| 7803 | + | - 113 - S.B. 337 02-26 10:50 | |
| 7804 | + | 3838 | |
| 4436 | 7805 | (k) consistent with direction from the [commission] council, develop core strategic | |
| 4437 | - | ||
| 7806 | + | 3839 | |
| 4438 | 7807 | priorities for the office, which may include: | |
| 4439 | - | ||
| 7808 | + | 3840 | |
| 4440 | 7809 | (i) enhancing statewide access to entrepreneurship opportunities and small business | |
| 4441 | - | ||
| 7810 | + | 3841 | |
| 4442 | 7811 | support; | |
| 4443 | - | ||
| 7812 | + | 3842 | |
| 4444 | 7813 | (ii) focusing industry recruitment and expansion of targeted industries; | |
| 4445 | - | ||
| 7814 | + | 3843 | |
| 4446 | 7815 | (iii) ensuring that in awarding competitive economic development incentives the | |
| 4447 | - | ||
| 7816 | + | 3844 | |
| 4448 | 7817 | office accurately measures the benefits and costs of the incentives; and | |
| 4449 | - | ||
| 7818 | + | 3845 | |
| 4450 | 7819 | (iv) assisting communities with technical support to aid those communities in | |
| 4451 | - | ||
| 7820 | + | 3846 | |
| 4452 | 7821 | improving economic development opportunities; | |
| 4453 | - | ||
| 7822 | + | 3847 | |
| 4454 | 7823 | (l) submit an annual written report as described in Section 63N-1a-306; and | |
| 4455 | - | ||
| 7824 | + | 3848 | |
| 4456 | 7825 | (m) perform other duties as provided by the Legislature. | |
| 4457 | - | ||
| 7826 | + | 3849 | |
| 4458 | 7827 | (4) To perform the office's duties under this title, the office may: | |
| 4459 | - | ||
| 7828 | + | 3850 | |
| 4460 | 7829 | (a) enter into a contract or agreement with, or make a grant to, a public or private entity, | |
| 4461 | - | ||
| 7830 | + | 3851 | |
| 4462 | 7831 | including a municipality, if the contract or agreement is not in violation of state | |
| 4463 | - | ||
| 7832 | + | 3852 | |
| 4464 | 7833 | statute or other applicable law; | |
| 4465 | - | ||
| 7834 | + | 3853 | |
| 4466 | 7835 | (b) except as provided in Subsection (4)(c), receive and expend funds from a public or | |
| 4467 | - | ||
| 7836 | + | 3854 | |
| 4468 | 7837 | private source for any lawful purpose that is in the state's best interest; and | |
| 4469 | - | ||
| 7838 | + | 3855 | |
| 4470 | 7839 | (c) solicit and accept a contribution of money, services, or facilities from a public or | |
| 4471 | - | ||
| 7840 | + | 3856 | |
| 4472 | 7841 | private donor, but may not use the contribution for publicizing the exclusive interest | |
| 4473 | - | ||
| 7842 | + | 3857 | |
| 4474 | 7843 | of the donor. | |
| 4475 | - | ||
| 7844 | + | 3858 | |
| 4476 | 7845 | (5) Money received under Subsection (4)(c) shall be deposited into the General Fund as | |
| 4477 | - | ||
| 7846 | + | 3859 | |
| 4478 | 7847 | dedicated credits of the office. | |
| 4479 | - | ||
| 7848 | + | 3860 | |
| 4480 | 7849 | (6)(a) The office shall[:] | |
| 4481 | - | ||
| 7850 | + | 3861 | |
| 4482 | 7851 | [(i) obtain the advice of the GOEO board before implementing a change to a policy, | |
| 4483 | - | ||
| 7852 | + | 3862 | |
| 4484 | 7853 | priority, or objective under which the office operates; and] | |
| 4485 | - | ||
| 7854 | + | 3863 | |
| 4486 | 7855 | [(ii)] provide periodic updates to the [commission] council regarding the office's | |
| 4487 | - | - 65 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 4488 | - | 2204 | |
| 7856 | + | 3864 | |
| 4489 | 7857 | efforts under Subsections (3)(a) and (b). | |
| 4490 | - | ||
| 7858 | + | 3865 | |
| 4491 | 7859 | (b) Subsection (6)(a)(i) does not apply to the routine administration by the office of | |
| 4492 | - | ||
| 7860 | + | 3866 | |
| 4493 | 7861 | money or services related to the assistance, retention, or recruitment of business, | |
| 4494 | - | ||
| 7862 | + | 3867 | |
| 4495 | 7863 | industry, or commerce in the state. | |
| 4496 | - | ||
| 4497 | - | Section | |
| 4498 | - | ||
| 4499 | - | 63N-1a-302 (Effective 05/07/25). | |
| 4500 | - | ||
| 4501 | - | Removal -- Compensation. | |
| 4502 | - | ||
| 7864 | + | 3868 | |
| 7865 | + | Section 57. Section 63N-1a-302 is amended to read: | |
| 7866 | + | 3869 | |
| 7867 | + | 63N-1a-302 (Effective 05/07/25). Chief executive officer of office -- Appointment | |
| 7868 | + | 3870 | |
| 7869 | + | -- Removal -- Compensation. | |
| 7870 | + | 3871 | |
| 4503 | 7871 | (1) The office shall be administered, organized, and managed by [an executive director] a | |
| 4504 | - | 2212 | |
| 4505 | - | commissioner appointed by the governor, with the advice and consent of the Senate. | |
| 4506 | - | 2213 | |
| 4507 | - | (2) The [executive director] commissioner serves at the pleasure of the governor. | |
| 4508 | - | 2214 | |
| 4509 | - | (3)(a) The salary of the commissioner shall be determined by the governor, | |
| 4510 | - | 2215 | |
| 4511 | - | commensurate with the salaries of the executive directors of the Military Installation | |
| 4512 | - | 2216 | |
| 4513 | - | Development Authority, the Point of the Mountain State Land Authority, and the | |
| 4514 | - | 2217 | |
| 4515 | - | Utah Inland Port Authority. | |
| 4516 | - | 2218 | |
| 7872 | + | - 114 - 02-26 10:50 S.B. 337 | |
| 7873 | + | 3872 | |
| 7874 | + | chief executive officer appointed by the governor, with the advice and consent of the | |
| 7875 | + | 3873 | |
| 7876 | + | Senate. | |
| 7877 | + | 3874 | |
| 7878 | + | (2) The [executive director] chief executive officer serves at the pleasure of the governor. | |
| 7879 | + | 3875 | |
| 7880 | + | (3) The salary of the chief executive officer shall be determined by the governor. | |
| 7881 | + | 3876 | |
| 4517 | 7882 | [(3) The salary of the executive director shall be established by the governor within the | |
| 4518 | - | ||
| 7883 | + | 3877 | |
| 4519 | 7884 | salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.] | |
| 4520 | - | ||
| 4521 | - | Section | |
| 4522 | - | ||
| 4523 | - | 63N-1a-303 (Effective 05/07/25). Powers and duties of | |
| 4524 | - | ||
| 4525 | - | (1) Unless otherwise expressly provided by statute, the [executive director] | |
| 4526 | - | ||
| 4527 | - | may organize the office in any appropriate manner, including the appointment of | |
| 4528 | - | ||
| 4529 | - | directors of the office. | |
| 4530 | - | ||
| 4531 | - | (2) The [executive director] | |
| 4532 | - | ||
| 4533 | - | for efficiency and economy in the office. | |
| 4534 | - | ||
| 4535 | - | (3) The [executive director] | |
| 4536 | - | ||
| 7885 | + | 3878 | |
| 7886 | + | Section 58. Section 63N-1a-303 is amended to read: | |
| 7887 | + | 3879 | |
| 7888 | + | 63N-1a-303 (Effective 05/07/25). Powers and duties of chief executive officer. | |
| 7889 | + | 3880 | |
| 7890 | + | (1) Unless otherwise expressly provided by statute, the [executive director] chief executive | |
| 7891 | + | 3881 | |
| 7892 | + | officer may organize the office in any appropriate manner, including the appointment of | |
| 7893 | + | 3882 | |
| 7894 | + | deputy directors of the office. | |
| 7895 | + | 3883 | |
| 7896 | + | (2) The [executive director] chief executive officer may consolidate personnel and service | |
| 7897 | + | 3884 | |
| 7898 | + | functions for efficiency and economy in the office. | |
| 7899 | + | 3885 | |
| 7900 | + | (3) The [executive director] chief executive officer, with the approval of the governor: | |
| 7901 | + | 3886 | |
| 4537 | 7902 | (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal | |
| 4538 | - | ||
| 7903 | + | 3887 | |
| 4539 | 7904 | Funds Procedures Act, seek federal grants, loans, or participation in federal programs; | |
| 4540 | - | ||
| 7905 | + | 3888 | |
| 4541 | 7906 | (b) may enter into a lawful contract or agreement with another state, a chamber of | |
| 4542 | - | ||
| 7907 | + | 3889 | |
| 4543 | 7908 | commerce organization, a service club, or a private entity; and | |
| 4544 | - | ||
| 7909 | + | 3890 | |
| 4545 | 7910 | (c) shall annually prepare and submit to the governor a budget of the office's financial | |
| 4546 | - | ||
| 7911 | + | 3891 | |
| 4547 | 7912 | requirements. | |
| 4548 | - | ||
| 7913 | + | 3892 | |
| 4549 | 7914 | (4) With the governor's approval, if a federal program requires the expenditure of state | |
| 4550 | - | ||
| 7915 | + | 3893 | |
| 4551 | 7916 | funds as a condition for the state to participate in a fund, property, or service, the [ | |
| 4552 | - | 2236 | |
| 4553 | - | executive director] commissioner may expend necessary funds from money provided by | |
| 4554 | - | 2237 | |
| 4555 | - | the Legislature for the use of the office. | |
| 4556 | - | - 66 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4557 | - | 2238 | |
| 4558 | - | (5) The [executive director] commissioner shall coordinate with the executive directors of | |
| 4559 | - | 2239 | |
| 4560 | - | the Department of Workforce Services and the Governor's Office of Planning and | |
| 4561 | - | 2240 | |
| 4562 | - | Budget to review data and metrics to be reported to the Legislature as described in | |
| 4563 | - | 2241 | |
| 4564 | - | Subsection 63N-1a-306(2)(b). | |
| 4565 | - | 2242 | |
| 4566 | - | (6) The commissioner shall: | |
| 4567 | - | 2243 | |
| 4568 | - | (a) receive guidance from the council regarding statewide strategic objectives; | |
| 4569 | - | 2244 | |
| 7917 | + | 3894 | |
| 7918 | + | executive director] chief executive officer may expend necessary funds from money | |
| 7919 | + | 3895 | |
| 7920 | + | provided by the Legislature for the use of the office. | |
| 7921 | + | 3896 | |
| 7922 | + | (5) The [executive director] chief executive officer shall coordinate with the executive | |
| 7923 | + | 3897 | |
| 7924 | + | directors of the Department of Workforce Services and the Governor's Office of | |
| 7925 | + | 3898 | |
| 7926 | + | Planning and Budget to review data and metrics to be reported to the Legislature as | |
| 7927 | + | 3899 | |
| 7928 | + | described in Subsection 63N-1a-306(2)(b). | |
| 7929 | + | 3900 | |
| 7930 | + | (6) Unless otherwise provided in this title, the [executive director] chief executive officer | |
| 7931 | + | 3901 | |
| 7932 | + | may make rules in accordance with Title 63G, Chapter 3, Utah Administrative | |
| 7933 | + | 3902 | |
| 7934 | + | Rulemaking Act, as necessary for the administration of programs established under state | |
| 7935 | + | 3903 | |
| 7936 | + | law. | |
| 7937 | + | 3904 | |
| 7938 | + | Section 59. Section 63N-1a-303.1 is enacted to read: | |
| 7939 | + | 3905 | |
| 7940 | + | 63N-1a-303.1 (Effective 05/07/25). Additional duties of the chief executive officer. | |
| 7941 | + | - 115 - S.B. 337 02-26 10:50 | |
| 7942 | + | 3906 | |
| 7943 | + | (1) The chief executive officer shall: | |
| 7944 | + | 3907 | |
| 7945 | + | (a) receive direction from the council regarding statewide strategic objectives; | |
| 7946 | + | 3908 | |
| 4570 | 7947 | (b) establish strategies for and actively recruit targeted industries identified by the | |
| 4571 | - | ||
| 7948 | + | 3909 | |
| 4572 | 7949 | council; | |
| 4573 | - | ||
| 7950 | + | 3910 | |
| 4574 | 7951 | (c) encourage a business to permanently relocate to, or significantly expand operations | |
| 4575 | - | ||
| 7952 | + | 3911 | |
| 4576 | 7953 | in, the state; | |
| 4577 | - | ||
| 7954 | + | 3912 | |
| 4578 | 7955 | (d) establish strategies for and actively support entrepreneurship and small business | |
| 4579 | - | ||
| 7956 | + | 3913 | |
| 4580 | 7957 | development; | |
| 4581 | - | ||
| 4582 | - | (e) coordinate | |
| 4583 | - | ||
| 4584 | - | ||
| 4585 | - | ||
| 7958 | + | 3914 | |
| 7959 | + | (e) coordinate the economic development activities of the office, state, and the following | |
| 7960 | + | 3915 | |
| 7961 | + | authorities: | |
| 7962 | + | 3916 | |
| 4586 | 7963 | (i) the Military Installation Development Authority created in Section 63H-1-201; | |
| 4587 | - | ||
| 7964 | + | 3917 | |
| 4588 | 7965 | (ii) the Utah Inland Port Authority created in Section 11-58-201; | |
| 4589 | - | ||
| 7966 | + | 3918 | |
| 4590 | 7967 | (iii) the Point of the Mountain State Land Authority created in Section 11-59-201; | |
| 4591 | - | ||
| 7968 | + | 3919 | |
| 4592 | 7969 | (iv) the Utah Lake Authority created in Section 11-65-201; | |
| 4593 | - | ||
| 7970 | + | 3920 | |
| 4594 | 7971 | (v) the State Fair Park Authority created in Section 11-68-201; | |
| 4595 | - | ||
| 7972 | + | 3921 | |
| 4596 | 7973 | (vi) the Utah Fairpark Area Investment and Restoration District created in Section | |
| 4597 | - | ||
| 7974 | + | 3922 | |
| 4598 | 7975 | 11-70-201; or | |
| 4599 | - | ||
| 7976 | + | 3923 | |
| 4600 | 7977 | (vii) the Beehive Development Agency created in Section 11-71-201; | |
| 4601 | - | ||
| 7978 | + | 3924 | |
| 4602 | 7979 | (f) develop proposals for significant community impact projects for consideration by the | |
| 4603 | - | ||
| 7980 | + | 3925 | |
| 4604 | 7981 | Beehive Development Agency established in Title 11, Chapter 71, Beehive | |
| 4605 | - | ||
| 7982 | + | 3926 | |
| 4606 | 7983 | Development Agency Act; | |
| 4607 | - | ||
| 7984 | + | 3927 | |
| 4608 | 7985 | (g) consider any targeted industries identified by the council; | |
| 4609 | - | ||
| 7986 | + | 3928 | |
| 4610 | 7987 | (h) consider areas of the state for targeted economic development, including housing | |
| 4611 | - | ||
| 7988 | + | 3929 | |
| 4612 | 7989 | development, as identified by the council; | |
| 4613 | - | ||
| 7990 | + | 3930 | |
| 4614 | 7991 | (i) match areas of the state for targeted economic development, including housing | |
| 4615 | - | ||
| 7992 | + | 3931 | |
| 4616 | 7993 | development, with targeted industries or businesses encouraged to permanently | |
| 4617 | - | ||
| 7994 | + | 3932 | |
| 4618 | 7995 | relocate to, or significantly expand operations in, the state; | |
| 4619 | - | ||
| 7996 | + | 3933 | |
| 4620 | 7997 | (j) ensure the office's efforts are, to the extent practicable, data-driven, evidence-based, | |
| 4621 | - | ||
| 7998 | + | 3934 | |
| 4622 | 7999 | and focused on developing human capital, physical capital, and innovation; and | |
| 4623 | - | ||
| 8000 | + | 3935 | |
| 4624 | 8001 | (k) support an integrated international trade strategy for the state. | |
| 4625 | - | - 67 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 4626 | - | 2272 | |
| 4627 | - | (7) Nothing in Subsection (6) shall be construed to give the commissioner authority over | |
| 4628 | - | 2273 | |
| 4629 | - | the entities described in Subsection (6)(e). | |
| 4630 | - | 2274 | |
| 4631 | - | (8) The commissioner shall comply with the disclosure requirements of Section 11-71-304. | |
| 4632 | - | 2275 | |
| 4633 | - | (9) In addition to any reports required in this chapter, the commissioner shall, no later than | |
| 4634 | - | 2276 | |
| 4635 | - | October 1 of each year, report to the Legislative Management Committee about: | |
| 4636 | - | 2277 | |
| 4637 | - | (a) any proposals developed for significant community impact projects; | |
| 4638 | - | 2278 | |
| 4639 | - | (b) the progress of adopted significant community impact project areas; and | |
| 4640 | - | 2279 | |
| 4641 | - | (c) any potential proposals for significant community impact projects. | |
| 4642 | - | 2280 | |
| 4643 | - | [(6)] (10) Unless otherwise provided in this title, the [executive director] commissioner may | |
| 4644 | - | 2281 | |
| 4645 | - | make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking | |
| 4646 | - | 2282 | |
| 4647 | - | Act, as necessary for the administration of programs established under state law. | |
| 4648 | - | 2283 | |
| 4649 | - | Section 55. Section 63N-1a-303.2 is enacted to read: | |
| 4650 | - | 2284 | |
| 4651 | - | 63N-1a-303.2 (Effective 05/07/25). Coordination of future Office of Housing. | |
| 4652 | - | 2285 | |
| 4653 | - | (1) In addition to the duties described in Section 63N-1a-303, the commissioner shall | |
| 4654 | - | 2286 | |
| 4655 | - | coordinate with the following in order to create a plan to consolidate the state housing | |
| 4656 | - | 2287 | |
| 4657 | - | components of the Division of Housing and Community Development into the office by | |
| 4658 | - | 2288 | |
| 4659 | - | July 1, 2026: | |
| 4660 | - | 2289 | |
| 8002 | + | 3936 | |
| 8003 | + | (2) The chief executive officer shall comply with the disclosure requirements of Section | |
| 8004 | + | 3937 | |
| 8005 | + | 11-71-304. | |
| 8006 | + | 3938 | |
| 8007 | + | (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the | |
| 8008 | + | 3939 | |
| 8009 | + | chief executive officer may make rules for the conduct of the office's business. | |
| 8010 | + | - 116 - 02-26 10:50 S.B. 337 | |
| 8011 | + | 3940 | |
| 8012 | + | Section 60. Section 63N-1a-303.2 is enacted to read: | |
| 8013 | + | 3941 | |
| 8014 | + | 63N-1a-303.2 (Effective 05/07/25). Coordination of future Office of Housing and | |
| 8015 | + | 3942 | |
| 8016 | + | Community Planning. | |
| 8017 | + | 3943 | |
| 8018 | + | (1) In addition to the duties described in Section 63N-1a-204, the chief executive officer | |
| 8019 | + | 3944 | |
| 8020 | + | shall coordinate with the following in order to create a plan to consolidate the Division | |
| 8021 | + | 3945 | |
| 8022 | + | of Housing and Community Development into the office by July 1, 2026: | |
| 8023 | + | 3946 | |
| 4661 | 8024 | (a) the governor, or the governor's designee; | |
| 4662 | - | ||
| 8025 | + | 3947 | |
| 4663 | 8026 | (b) the president of the Senate, or the president's designee; | |
| 4664 | - | ||
| 8027 | + | 3948 | |
| 4665 | 8028 | (c) the speaker of the House of Representatives, or the speaker's designee; | |
| 4666 | - | ||
| 8029 | + | 3949 | |
| 4667 | 8030 | (d) the executive director of the Department of Workforce Services; | |
| 4668 | - | ||
| 4669 | - | (e) the | |
| 4670 | - | ||
| 8031 | + | 3950 | |
| 8032 | + | (e) the director of the Division of Finance; and | |
| 8033 | + | 3951 | |
| 4671 | 8034 | (f) the chairs of the Commission on Housing Affordability, created in Section | |
| 4672 | - | ||
| 8035 | + | 3952 | |
| 4673 | 8036 | 35A-8-2202. | |
| 4674 | - | ||
| 4675 | - | (2) In coordinating with the individuals and entities described in Subsection (1), the | |
| 4676 | - | ||
| 4677 | - | ||
| 4678 | - | ||
| 4679 | - | ||
| 4680 | - | ||
| 8037 | + | 3953 | |
| 8038 | + | (2) In coordinating with the individuals and entities described in Subsection (1), the chief | |
| 8039 | + | 3954 | |
| 8040 | + | executive officer shall provide regular written updates, no less frequently than monthly, | |
| 8041 | + | 3955 | |
| 8042 | + | to: | |
| 8043 | + | 3956 | |
| 4681 | 8044 | (a) the Economic Development and Workforce Services Interim Committee; | |
| 4682 | - | ||
| 8045 | + | 3957 | |
| 4683 | 8046 | (b) the Political Subdivisions Interim Committee; | |
| 4684 | - | ||
| 8047 | + | 3958 | |
| 4685 | 8048 | (c) the Economic and Community Development Appropriations Subcommittee; and | |
| 4686 | - | 2302 | |
| 4687 | - | (d) the Governor's Office of Planning and Budget. | |
| 4688 | - | 2303 | |
| 4689 | - | (3) The commissioner may hire a director for the Office of Housing and the director may | |
| 4690 | - | 2304 | |
| 4691 | - | assist in the process described in Subsections (1) and (2). | |
| 4692 | - | 2305 | |
| 4693 | - | Section 56. Section 63N-1a-306 is amended to read: | |
| 4694 | - | - 68 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4695 | - | 2306 | |
| 8049 | + | 3959 | |
| 8050 | + | (d) the board. | |
| 8051 | + | 3960 | |
| 8052 | + | (3) The chief executive officer may hire a director for the Office of Housing and | |
| 8053 | + | 3961 | |
| 8054 | + | Community Planning and the director may assist in the process described in Subsections | |
| 8055 | + | 3962 | |
| 8056 | + | (1) and (2). | |
| 8057 | + | 3963 | |
| 8058 | + | Section 61. Section 63N-1a-306 is amended to read: | |
| 8059 | + | 3964 | |
| 4696 | 8060 | 63N-1a-306 (Effective 05/07/25). Annual report -- Content -- Format. | |
| 4697 | - | ||
| 8061 | + | 3965 | |
| 4698 | 8062 | (1) The office shall prepare and submit to the governor and the Legislature, by October 1 of | |
| 4699 | - | ||
| 8063 | + | 3966 | |
| 4700 | 8064 | each year, an annual written report of the operations, activities, programs, and services | |
| 4701 | - | ||
| 8065 | + | 3967 | |
| 4702 | 8066 | of the office, including the divisions, sections, boards, commissions, councils, and | |
| 4703 | - | ||
| 8067 | + | 3968 | |
| 4704 | 8068 | committees established under this title, for the preceding fiscal year. | |
| 4705 | - | ||
| 8069 | + | 3969 | |
| 4706 | 8070 | (2) For each operation, activity, program, or service provided by the office, the annual | |
| 4707 | - | ||
| 8071 | + | 3970 | |
| 4708 | 8072 | report shall include: | |
| 4709 | - | ||
| 8073 | + | 3971 | |
| 4710 | 8074 | (a) a description of the operation, activity, program, or service; | |
| 4711 | - | ||
| 8075 | + | 3972 | |
| 4712 | 8076 | (b) data and metrics: | |
| 4713 | - | ||
| 8077 | + | 3973 | |
| 4714 | 8078 | (i) selected and used by the office to measure progress, performance, effectiveness, | |
| 4715 | - | 2316 | |
| 8079 | + | - 117 - S.B. 337 02-26 10:50 | |
| 8080 | + | 3974 | |
| 4716 | 8081 | and scope of the operation, activity, program, or service, including summary data; | |
| 4717 | - | ||
| 8082 | + | 3975 | |
| 4718 | 8083 | and | |
| 4719 | - | ||
| 8084 | + | 3976 | |
| 4720 | 8085 | (ii) that are consistent and comparable for each state operation, activity, program, or | |
| 4721 | - | ||
| 8086 | + | 3977 | |
| 4722 | 8087 | service that primarily involves employment training or placement as determined | |
| 4723 | - | ||
| 4724 | - | by the [executive directors of the office] | |
| 4725 | - | ||
| 4726 | - | the Department of Workforce Services, and the executive director of | |
| 4727 | - | ||
| 4728 | - | Governor's Office of Planning and Budget; | |
| 4729 | - | ||
| 8088 | + | 3978 | |
| 8089 | + | by the [executive directors of the office] chief executive officer, the executive | |
| 8090 | + | 3979 | |
| 8091 | + | director of the Department of Workforce Services, and the executive director of | |
| 8092 | + | 3980 | |
| 8093 | + | the Governor's Office of Planning and Budget; | |
| 8094 | + | 3981 | |
| 4730 | 8095 | (c) budget data, including the amount and source of funding, expenses, and allocation of | |
| 4731 | - | ||
| 8096 | + | 3982 | |
| 4732 | 8097 | full-time employees for the operation, activity, program, or service; | |
| 4733 | - | ||
| 8098 | + | 3983 | |
| 4734 | 8099 | (d) historical data from previous years for comparison with data reported under | |
| 4735 | - | ||
| 8100 | + | 3984 | |
| 4736 | 8101 | Subsections (2)(b) and (c); | |
| 4737 | - | ||
| 8102 | + | 3985 | |
| 4738 | 8103 | (e) goals, challenges, and achievements related to the operation, activity, program, or | |
| 4739 | - | ||
| 8104 | + | 3986 | |
| 4740 | 8105 | service; | |
| 4741 | - | ||
| 8106 | + | 3987 | |
| 4742 | 8107 | (f) relevant federal and state statutory references and requirements; | |
| 4743 | - | ||
| 8108 | + | 3988 | |
| 4744 | 8109 | (g) contact information of officials knowledgeable and responsible for each operation, | |
| 4745 | - | ||
| 8110 | + | 3989 | |
| 4746 | 8111 | activity, program, or service; and | |
| 4747 | - | ||
| 8112 | + | 3990 | |
| 4748 | 8113 | (h) other information determined by the office that: | |
| 4749 | - | ||
| 8114 | + | 3991 | |
| 4750 | 8115 | (i) may be needed, useful, or of historical significance; or | |
| 4751 | - | ||
| 8116 | + | 3992 | |
| 4752 | 8117 | (ii) promotes accountability and transparency for each operation, activity, program, | |
| 4753 | - | ||
| 8118 | + | 3993 | |
| 4754 | 8119 | or service with the public and elected officials. | |
| 4755 | - | ||
| 8120 | + | 3994 | |
| 4756 | 8121 | (3) The annual report shall be designed to provide clear, accurate, and accessible | |
| 4757 | - | ||
| 8122 | + | 3995 | |
| 4758 | 8123 | information to the public, the governor, and the Legislature. | |
| 4759 | - | ||
| 8124 | + | 3996 | |
| 4760 | 8125 | (4) The office shall: | |
| 4761 | - | ||
| 8126 | + | 3997 | |
| 4762 | 8127 | (a) submit the annual report in accordance with Section 68-3-14; | |
| 4763 | - | - 69 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 4764 | - | 2340 | |
| 8128 | + | 3998 | |
| 4765 | 8129 | (b) make the annual report, and previous annual reports, accessible to the public by | |
| 4766 | - | ||
| 8130 | + | 3999 | |
| 4767 | 8131 | placing a link to the reports on the office's website; and | |
| 4768 | - | ||
| 8132 | + | 4000 | |
| 4769 | 8133 | (c) provide the data and metrics described in Subsection (2)(b) to the talent board. | |
| 4770 | - | 2343 | |
| 4771 | - | Section 57. Section 63N-1a-306 is amended to read: | |
| 4772 | - | 2344 | |
| 4773 | - | 63N-1a-306 (Effective 07/01/25). Annual report -- Content -- Format. | |
| 4774 | - | 2345 | |
| 4775 | - | (1) The office shall prepare and submit to the governor and the Legislature, by October 1 of | |
| 4776 | - | 2346 | |
| 4777 | - | each year, an annual written report of the operations, activities, programs, and services | |
| 4778 | - | 2347 | |
| 4779 | - | of the office, including the divisions, sections, boards, commissions, councils, and | |
| 4780 | - | 2348 | |
| 4781 | - | committees established under this title, for the preceding fiscal year. | |
| 4782 | - | 2349 | |
| 4783 | - | (2) For each operation, activity, program, or service provided by the office, the annual | |
| 4784 | - | 2350 | |
| 4785 | - | report shall include: | |
| 4786 | - | 2351 | |
| 4787 | - | (a) a description of the operation, activity, program, or service; | |
| 4788 | - | 2352 | |
| 4789 | - | (b) data and metrics: | |
| 4790 | - | 2353 | |
| 4791 | - | (i) selected and used by the office to measure progress, performance, effectiveness, | |
| 4792 | - | 2354 | |
| 4793 | - | and scope of the operation, activity, program, or service, including summary data; | |
| 4794 | - | 2355 | |
| 4795 | - | and | |
| 4796 | - | 2356 | |
| 4797 | - | (ii) that are consistent and comparable for each state operation, activity, program, or | |
| 4798 | - | 2357 | |
| 4799 | - | service that primarily involves employment training or placement as determined | |
| 4800 | - | 2358 | |
| 4801 | - | by the [executive directors] commissioner of the office, the executive director of | |
| 4802 | - | 2359 | |
| 4803 | - | Department of Workforce Services, and the executive director of the Governor's | |
| 4804 | - | 2360 | |
| 4805 | - | Office of Planning and Budget; | |
| 4806 | - | 2361 | |
| 4807 | - | (c) budget data, including the amount and source of funding, expenses, and allocation of | |
| 4808 | - | 2362 | |
| 4809 | - | full-time employees for the operation, activity, program, or service; | |
| 4810 | - | 2363 | |
| 4811 | - | (d) historical data from previous years for comparison with data reported under | |
| 4812 | - | 2364 | |
| 4813 | - | Subsections (2)(b) and (c); | |
| 4814 | - | 2365 | |
| 4815 | - | (e) goals, challenges, and achievements related to the operation, activity, program, or | |
| 4816 | - | 2366 | |
| 4817 | - | service; | |
| 4818 | - | 2367 | |
| 4819 | - | (f) relevant federal and state statutory references and requirements; | |
| 4820 | - | 2368 | |
| 4821 | - | (g) contact information of officials knowledgeable and responsible for each operation, | |
| 4822 | - | 2369 | |
| 4823 | - | activity, program, or service; and | |
| 4824 | - | 2370 | |
| 4825 | - | (h) other information determined by the office that: | |
| 4826 | - | 2371 | |
| 4827 | - | (i) may be needed, useful, or of historical significance; or | |
| 4828 | - | 2372 | |
| 4829 | - | (ii) promotes accountability and transparency for each operation, activity, program, | |
| 4830 | - | 2373 | |
| 4831 | - | or service with the public and elected officials. | |
| 4832 | - | - 70 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4833 | - | 2374 | |
| 4834 | - | (3) The annual report shall be designed to provide clear, accurate, and accessible | |
| 4835 | - | 2375 | |
| 4836 | - | information to the public, the governor, and the Legislature. | |
| 4837 | - | 2376 | |
| 4838 | - | (4) The office shall: | |
| 4839 | - | 2377 | |
| 4840 | - | (a) submit the annual report in accordance with Section 68-3-14; | |
| 4841 | - | 2378 | |
| 4842 | - | (b) make the annual report, and previous annual reports, accessible to the public by | |
| 4843 | - | 2379 | |
| 4844 | - | placing a link to the reports on the office's website; and | |
| 4845 | - | 2380 | |
| 4846 | - | (c) provide the data and metrics described in Subsection (2)(b) to the talent board. | |
| 4847 | - | 2381 | |
| 4848 | - | Section 58. Section 63N-1a-501 is enacted to read: | |
| 4849 | - | 2382 | |
| 8134 | + | 4001 | |
| 8135 | + | Section 62. Section 63N-1a-501 is enacted to read: | |
| 8136 | + | 4002 | |
| 4850 | 8137 | ||
| 4851 | 8138 | Part 5. Economic Opportunity Coordinating Council | |
| 4852 | - | ||
| 8139 | + | 4003 | |
| 4853 | 8140 | 63N-1a-501 (Effective 05/07/25). Creation of Economic Opportunity | |
| 4854 | - | ||
| 8141 | + | 4004 | |
| 4855 | 8142 | Coordinating Council. | |
| 4856 | - | ||
| 8143 | + | 4005 | |
| 4857 | 8144 | (1) There is created the Economic Opportunity Coordinating Council. | |
| 4858 | - | ||
| 8145 | + | 4006 | |
| 4859 | 8146 | (2) The council consists of: | |
| 4860 | - | ||
| 8147 | + | 4007 | |
| 4861 | 8148 | (a) the governor, or the governor's designee, who shall be the chair of the council; | |
| 4862 | - | 2388 | |
| 8149 | + | - 118 - 02-26 10:50 S.B. 337 | |
| 8150 | + | 4008 | |
| 4863 | 8151 | (b) the president of the Senate or the president's designee; | |
| 4864 | - | ||
| 8152 | + | 4009 | |
| 4865 | 8153 | (c) the speaker of the House of Representatives or the speaker's designee; | |
| 4866 | - | ||
| 4867 | - | (d) the | |
| 4868 | - | ||
| 8154 | + | 4010 | |
| 8155 | + | (d) the chief executive officer; | |
| 8156 | + | 4011 | |
| 4869 | 8157 | (e) a member appointed by the Military Installation Development Authority board | |
| 4870 | - | ||
| 8158 | + | 4012 | |
| 4871 | 8159 | created in Section 63H-1-301, to represent the interests of the Military Installation | |
| 4872 | - | ||
| 8160 | + | 4013 | |
| 4873 | 8161 | Development Authority; | |
| 4874 | - | ||
| 8162 | + | 4014 | |
| 4875 | 8163 | (f) a member appointed by the Point of the Mountain State Land Authority board created | |
| 4876 | - | ||
| 8164 | + | 4015 | |
| 4877 | 8165 | in Section 11-59-301, to represent the interests of the Point of the Mountain State | |
| 4878 | - | ||
| 8166 | + | 4016 | |
| 4879 | 8167 | Land Authority; | |
| 4880 | - | ||
| 8168 | + | 4017 | |
| 4881 | 8169 | (g) a member appointed by the Utah Inland Port Authority board created in Section | |
| 4882 | - | ||
| 8170 | + | 4018 | |
| 4883 | 8171 | 11-58-301, to represent the interests of the Utah Inland Port Authority; | |
| 4884 | - | ||
| 8172 | + | 4019 | |
| 4885 | 8173 | (h) a member appointed by the Utah Fairpark Area Investment and Restoration District | |
| 4886 | - | ||
| 8174 | + | 4020 | |
| 4887 | 8175 | board created in Section 11-70-301, to represent the interests of the Utah Fairpark | |
| 4888 | - | 2401 | |
| 4889 | - | Area Investment and Restoration District; | |
| 4890 | - | 2402 | |
| 4891 | - | (i) the director of the School and Institutional Trust Lands Administration created in | |
| 4892 | - | 2403 | |
| 4893 | - | Section 53C-1-201; | |
| 4894 | - | 2404 | |
| 4895 | - | (j) beginning July 1, 2025, a member appointed by the Beehive Development Agency | |
| 4896 | - | 2405 | |
| 4897 | - | board, to represent the interests of the Beehive Development Agency; | |
| 4898 | - | 2406 | |
| 4899 | - | (k) a member appointed to represent the interests of municipalities, appointed by the | |
| 4900 | - | 2407 | |
| 4901 | - | League of Cities and Towns; and | |
| 4902 | - | - 71 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 4903 | - | 2408 | |
| 4904 | - | (l) a member appointed to represent the interests of counties, appointed by the Utah | |
| 4905 | - | 2409 | |
| 4906 | - | Association of Counties. | |
| 4907 | - | 2410 | |
| 8176 | + | 4021 | |
| 8177 | + | Area Investment and Restoration District; and | |
| 8178 | + | 4022 | |
| 8179 | + | (i) a member appointed by the Beehive Development Agency board created in Section | |
| 8180 | + | 4023 | |
| 8181 | + | 11-71-301, to represent the interests of the Beehive Development Agency. | |
| 8182 | + | 4024 | |
| 4908 | 8183 | (3)(a) A majority of council members, not including a vacancy, constitutes a quorum for | |
| 4909 | - | ||
| 8184 | + | 4025 | |
| 4910 | 8185 | the purpose of conducting council business. | |
| 4911 | - | ||
| 8186 | + | 4026 | |
| 4912 | 8187 | (b) The action of a majority of a quorum constitutes the action of the council. | |
| 4913 | - | ||
| 8188 | + | 4027 | |
| 4914 | 8189 | (4) The office shall provide office space and administrative staff support for the council. | |
| 4915 | - | ||
| 8190 | + | 4028 | |
| 4916 | 8191 | (5)(a) A council member may not receive compensation or benefits for the member's | |
| 4917 | - | ||
| 8192 | + | 4029 | |
| 4918 | 8193 | service on the council, but may receive per diem and travel expenses in accordance | |
| 4919 | - | ||
| 8194 | + | 4030 | |
| 4920 | 8195 | with: | |
| 4921 | - | ||
| 8196 | + | 4031 | |
| 4922 | 8197 | (i) Sections 63A-3-106 and 63A-3-107; and | |
| 4923 | - | ||
| 8198 | + | 4032 | |
| 4924 | 8199 | (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 | |
| 4925 | - | ||
| 8200 | + | 4033 | |
| 4926 | 8201 | and 63A-3-107. | |
| 4927 | - | ||
| 8202 | + | 4034 | |
| 4928 | 8203 | (b) Compensation and expenses of a council member who is a legislator are governed by | |
| 4929 | - | ||
| 8204 | + | 4035 | |
| 4930 | 8205 | Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and | |
| 4931 | - | ||
| 8206 | + | 4036 | |
| 4932 | 8207 | Expenses. | |
| 4933 | - | ||
| 4934 | - | Section | |
| 4935 | - | ||
| 8208 | + | 4037 | |
| 8209 | + | Section 63. Section 63N-1a-502 is enacted to read: | |
| 8210 | + | 4038 | |
| 4936 | 8211 | 63N-1a-502 (Effective 05/07/25). Coordinating council duties. | |
| 4937 | - | ||
| 8212 | + | 4039 | |
| 4938 | 8213 | (1) The council shall: | |
| 4939 | - | ||
| 8214 | + | 4040 | |
| 4940 | 8215 | (a) establish strategic economic development objectives for the state, including | |
| 4941 | - | ||
| 8216 | + | 4041 | |
| 4942 | 8217 | establishing broad objectives; | |
| 4943 | - | 2428 | |
| 8218 | + | - 119 - S.B. 337 02-26 10:50 | |
| 8219 | + | 4042 | |
| 4944 | 8220 | (b) provide recommendations to the commissioner regarding efforts to achieve the | |
| 4945 | - | ||
| 8221 | + | 4043 | |
| 4946 | 8222 | strategic economic development objectives; | |
| 4947 | - | ||
| 8223 | + | 4044 | |
| 4948 | 8224 | (c) make recommendations to the Legislature; | |
| 4949 | - | ||
| 8225 | + | 4045 | |
| 4950 | 8226 | (d) unify and coordinate economic development projects that have regional or statewide | |
| 4951 | - | ||
| 8227 | + | 4046 | |
| 4952 | 8228 | impact; | |
| 4953 | - | ||
| 8229 | + | 4047 | |
| 4954 | 8230 | (e) at least once every five years, recommend to the commissioner industries or groups | |
| 4955 | - | ||
| 8231 | + | 4048 | |
| 4956 | 8232 | of industries to target for economic development in the state; | |
| 4957 | - | ||
| 8233 | + | 4049 | |
| 4958 | 8234 | (f) gather input from organizations contributing to economic development in the state, | |
| 4959 | - | ||
| 8235 | + | 4050 | |
| 4960 | 8236 | including economic opportunity agencies; and | |
| 4961 | - | ||
| 8237 | + | 4051 | |
| 4962 | 8238 | (g) receive an annual report from the board. | |
| 4963 | - | ||
| 8239 | + | 4052 | |
| 4964 | 8240 | (2) The council may establish working groups as appropriate to assist and advise the | |
| 4965 | - | ||
| 8241 | + | 4053 | |
| 4966 | 8242 | council. | |
| 4967 | - | ||
| 4968 | - | Section | |
| 4969 | - | ||
| 8243 | + | 4054 | |
| 8244 | + | Section 64. Section 63N-2-103 is amended to read: | |
| 8245 | + | 4055 | |
| 4970 | 8246 | 63N-2-103 (Effective 05/07/25). Definitions. | |
| 4971 | - | - 72 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 4972 | - | 2442 | |
| 8247 | + | 4056 | |
| 4973 | 8248 | As used in this part: | |
| 4974 | - | ||
| 8249 | + | 4057 | |
| 4975 | 8250 | (1)(a) "Business entity" means a person that enters into a written agreement with the | |
| 4976 | - | ||
| 8251 | + | 4058 | |
| 4977 | 8252 | office to initiate a new commercial project in Utah that will qualify the person to | |
| 4978 | - | ||
| 8253 | + | 4059 | |
| 4979 | 8254 | receive a tax credit under Section 59-7-614.2 or 59-10-1107. | |
| 4980 | - | ||
| 8255 | + | 4060 | |
| 4981 | 8256 | (b) With respect to a tax credit authorized by the office in accordance with Subsection | |
| 4982 | - | ||
| 8257 | + | 4061 | |
| 4983 | 8258 | 63N-2-104.3(2), "business entity" includes a nonprofit entity. | |
| 4984 | - | ||
| 8259 | + | 4062 | |
| 4985 | 8260 | (2) "Commercial or industrial zone" means an area zoned agricultural, commercial, | |
| 4986 | - | ||
| 8261 | + | 4063 | |
| 4987 | 8262 | industrial, manufacturing, business park, research park, or other appropriate business | |
| 4988 | - | ||
| 8263 | + | 4064 | |
| 4989 | 8264 | related use in a general plan that contemplates future growth. | |
| 4990 | - | ||
| 8265 | + | 4065 | |
| 4991 | 8266 | (3) "Development zone" means an economic development zone created under Section | |
| 4992 | - | ||
| 8267 | + | 4066 | |
| 4993 | 8268 | 63N-2-104. | |
| 4994 | - | ||
| 8269 | + | 4067 | |
| 4995 | 8270 | (4) "Local government entity" means a county, city, or town. | |
| 4996 | - | ||
| 8271 | + | 4068 | |
| 4997 | 8272 | (5) "New commercial project" means an economic development opportunity that: | |
| 4998 | - | ||
| 8273 | + | 4069 | |
| 4999 | 8274 | (a) involves a targeted industry; | |
| 5000 | - | ||
| 8275 | + | 4070 | |
| 5001 | 8276 | (b) is located within: | |
| 5002 | - | ||
| 8277 | + | 4071 | |
| 5003 | 8278 | (i) a county of the third, fourth, fifth, or sixth class; or | |
| 5004 | - | ||
| 8279 | + | 4072 | |
| 5005 | 8280 | (ii) a municipality that has a population of 10,000 or less and the municipality is | |
| 5006 | - | ||
| 8281 | + | 4073 | |
| 5007 | 8282 | located within a county of the second class; or | |
| 5008 | - | ||
| 8283 | + | 4074 | |
| 5009 | 8284 | (c) involves an economic development opportunity that the [commission] office | |
| 5010 | - | ||
| 8285 | + | 4075 | |
| 5011 | 8286 | determines to be eligible for a tax credit under this part. | |
| 5012 | - | 2462 | |
| 8287 | + | - 120 - 02-26 10:50 S.B. 337 | |
| 8288 | + | 4076 | |
| 5013 | 8289 | (6) "Remote work opportunity" means a new commercial project that: | |
| 5014 | - | ||
| 8290 | + | 4077 | |
| 5015 | 8291 | (a) does not require a physical office in the state where employees associated with the | |
| 5016 | - | ||
| 8292 | + | 4078 | |
| 5017 | 8293 | new commercial project are required to work; and | |
| 5018 | - | ||
| 8294 | + | 4079 | |
| 5019 | 8295 | (b) requires employees associated with the new commercial project to: | |
| 5020 | - | ||
| 8296 | + | 4080 | |
| 5021 | 8297 | (i) work remotely from a location within the state; and | |
| 5022 | - | ||
| 8298 | + | 4081 | |
| 5023 | 8299 | (ii) maintain residency in the state. | |
| 5024 | - | ||
| 8300 | + | 4082 | |
| 5025 | 8301 | (7) "Significant capital investment" means an investment in capital or fixed assets, which | |
| 5026 | - | ||
| 8302 | + | 4083 | |
| 5027 | 8303 | may include real property, personal property, and other fixtures related to a new | |
| 5028 | - | ||
| 8304 | + | 4084 | |
| 5029 | 8305 | commercial project that represents an expansion of existing operations in the state or | |
| 5030 | - | ||
| 8306 | + | 4085 | |
| 5031 | 8307 | that increases the business entity's existing workforce in the state. | |
| 5032 | - | ||
| 8308 | + | 4086 | |
| 5033 | 8309 | (8) "Tax credit" means an economic development tax credit created by Section 59-7-614.2 | |
| 5034 | - | ||
| 8310 | + | 4087 | |
| 5035 | 8311 | or 59-10-1107. | |
| 5036 | - | ||
| 8312 | + | 4088 | |
| 5037 | 8313 | (9) "Tax credit amount" means the amount the office lists as a tax credit on a tax credit | |
| 5038 | - | ||
| 8314 | + | 4089 | |
| 5039 | 8315 | certificate for a taxable year. | |
| 5040 | - | - 73 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 5041 | - | 2476 | |
| 8316 | + | 4090 | |
| 5042 | 8317 | (10) "Tax credit certificate" means a certificate issued by the office that: | |
| 5043 | - | ||
| 8318 | + | 4091 | |
| 5044 | 8319 | (a) lists the name of the business entity to which the office authorizes a tax credit; | |
| 5045 | - | ||
| 8320 | + | 4092 | |
| 5046 | 8321 | (b) lists the business entity's taxpayer identification number; | |
| 5047 | - | ||
| 8322 | + | 4093 | |
| 5048 | 8323 | (c) lists the amount of tax credit that the office authorizes the business entity for the | |
| 5049 | - | ||
| 8324 | + | 4094 | |
| 5050 | 8325 | taxable year; and | |
| 5051 | - | ||
| 8326 | + | 4095 | |
| 5052 | 8327 | (d) may include other information as determined by the office. | |
| 5053 | - | ||
| 8328 | + | 4096 | |
| 5054 | 8329 | (11) "Written agreement" means a written agreement entered into between the office and a | |
| 5055 | - | ||
| 8330 | + | 4097 | |
| 5056 | 8331 | business entity under Section 63N-2-104.2. | |
| 5057 | - | ||
| 5058 | - | Section | |
| 5059 | - | ||
| 8332 | + | 4098 | |
| 8333 | + | Section 65. Section 63N-2-104.2 is amended to read: | |
| 8334 | + | 4099 | |
| 5060 | 8335 | 63N-2-104.2 (Effective 05/07/25). Written agreement -- Contents -- Grounds for | |
| 5061 | - | ||
| 8336 | + | 4100 | |
| 5062 | 8337 | amendment or termination. | |
| 5063 | - | ||
| 8338 | + | 4101 | |
| 5064 | 8339 | (1) If the office determines that a business entity is eligible for a tax credit under Section | |
| 5065 | - | ||
| 8340 | + | 4102 | |
| 5066 | 8341 | 63N-2-104.1, the office may enter into a written agreement with the business entity that: | |
| 5067 | - | ||
| 8342 | + | 4103 | |
| 5068 | 8343 | (a) establishes performance benchmarks for the business entity to claim a tax credit, | |
| 5069 | - | ||
| 8344 | + | 4104 | |
| 5070 | 8345 | including any minimum wage requirements; | |
| 5071 | - | ||
| 8346 | + | 4105 | |
| 5072 | 8347 | (b) specifies the maximum amount of tax credit that the business entity may be | |
| 5073 | - | ||
| 8348 | + | 4106 | |
| 5074 | 8349 | authorized for a taxable year and over the life of the new commercial project, subject | |
| 5075 | - | ||
| 8350 | + | 4107 | |
| 5076 | 8351 | to the limitations in Section 63N-2-104.3; | |
| 5077 | - | ||
| 8352 | + | 4108 | |
| 5078 | 8353 | (c) establishes the length of time the business entity may claim a tax credit; | |
| 5079 | - | ||
| 8354 | + | 4109 | |
| 5080 | 8355 | (d) requires the business entity to retain records supporting a claim for a tax credit for at | |
| 5081 | - | 2496 | |
| 8356 | + | - 121 - S.B. 337 02-26 10:50 | |
| 8357 | + | 4110 | |
| 5082 | 8358 | least four years after the business entity claims the tax credit; | |
| 5083 | - | ||
| 8359 | + | 4111 | |
| 5084 | 8360 | (e) requires the business entity to submit to audits for verification of any tax credit | |
| 5085 | - | ||
| 8361 | + | 4112 | |
| 5086 | 8362 | claimed; and | |
| 5087 | - | ||
| 8363 | + | 4113 | |
| 5088 | 8364 | (f) requires the business entity, in order to claim a tax credit, to meet the requirements of | |
| 5089 | - | ||
| 8365 | + | 4114 | |
| 5090 | 8366 | Section 63N-2-105. | |
| 5091 | - | ||
| 8367 | + | 4115 | |
| 5092 | 8368 | (2) In establishing the terms of a written agreement, including the duration and amount of | |
| 5093 | - | ||
| 8369 | + | 4116 | |
| 5094 | 8370 | tax credit that the business entity may be authorized to receive, the office shall: | |
| 5095 | - | ||
| 8371 | + | 4117 | |
| 5096 | 8372 | (a) authorize the tax credit in a manner that provides the most effective incentive for the | |
| 5097 | - | ||
| 8373 | + | 4118 | |
| 5098 | 8374 | new commercial project; and | |
| 5099 | - | ||
| 8375 | + | 4119 | |
| 5100 | 8376 | (b) consider the following factors: | |
| 5101 | - | ||
| 8377 | + | 4120 | |
| 5102 | 8378 | (i) whether the new commercial project provides vital or specialized support to | |
| 5103 | - | ||
| 8379 | + | 4121 | |
| 5104 | 8380 | supply chains; | |
| 5105 | - | ||
| 8381 | + | 4122 | |
| 5106 | 8382 | (ii) whether the new commercial project provides an innovative product, technology, | |
| 5107 | - | ||
| 8383 | + | 4123 | |
| 5108 | 8384 | or service; | |
| 5109 | - | - 74 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 5110 | - | 2510 | |
| 8385 | + | 4124 | |
| 5111 | 8386 | (iii) the number and wages of new incremental jobs associated with the new | |
| 5112 | - | ||
| 8387 | + | 4125 | |
| 5113 | 8388 | commercial project; | |
| 5114 | - | ||
| 8389 | + | 4126 | |
| 5115 | 8390 | (iv) the amount of financial support provided by local government entities for the | |
| 5116 | - | ||
| 8391 | + | 4127 | |
| 5117 | 8392 | new commercial project; | |
| 5118 | - | ||
| 8393 | + | 4128 | |
| 5119 | 8394 | (v) the amount of capital expenditures associated with the new commercial project; | |
| 5120 | - | ||
| 8395 | + | 4129 | |
| 5121 | 8396 | (vi) whether the new commercial project returns jobs transferred overseas; | |
| 5122 | - | ||
| 8397 | + | 4130 | |
| 5123 | 8398 | (vii) the rate of unemployment in the county in which the new commercial project is | |
| 5124 | - | ||
| 8399 | + | 4131 | |
| 5125 | 8400 | located; | |
| 5126 | - | ||
| 8401 | + | 4132 | |
| 5127 | 8402 | (viii) whether the new commercial project creates a remote work opportunity; | |
| 5128 | - | ||
| 8403 | + | 4133 | |
| 5129 | 8404 | (ix) whether the new commercial project is located in a development zone created by | |
| 5130 | - | ||
| 8405 | + | 4134 | |
| 5131 | 8406 | a local government entity as described in Subsection 63N-2-104(2); | |
| 5132 | - | ||
| 8407 | + | 4135 | |
| 5133 | 8408 | (x) whether the business entity commits to hiring Utah workers for the new | |
| 5134 | - | ||
| 8409 | + | 4136 | |
| 5135 | 8410 | commercial project; | |
| 5136 | - | ||
| 8411 | + | 4137 | |
| 5137 | 8412 | (xi) whether the business entity adopts a corporate citizenry plan or supports | |
| 5138 | - | ||
| 8413 | + | 4138 | |
| 5139 | 8414 | initiatives in the state that advance education, gender equality, diversity and | |
| 5140 | - | ||
| 8415 | + | 4139 | |
| 5141 | 8416 | inclusion, work-life balance, environmental or social good, or other similar causes; | |
| 5142 | - | ||
| 8417 | + | 4140 | |
| 5143 | 8418 | (xii) whether the business entity's headquarters are located within the state; | |
| 5144 | - | ||
| 8419 | + | 4141 | |
| 5145 | 8420 | (xiii) the likelihood of other business entities relocating to another state as a result of | |
| 5146 | - | ||
| 8421 | + | 4142 | |
| 5147 | 8422 | the new commercial project; | |
| 5148 | - | ||
| 8423 | + | 4143 | |
| 5149 | 8424 | (xiv) the necessity of the tax credit for the business entity's expansion in the state or | |
| 5150 | - | 2530 | |
| 8425 | + | - 122 - 02-26 10:50 S.B. 337 | |
| 8426 | + | 4144 | |
| 5151 | 8427 | relocation from another state; | |
| 5152 | - | ||
| 8428 | + | 4145 | |
| 5153 | 8429 | (xv) whether the proposed new commercial project might reasonably be expected to | |
| 5154 | - | ||
| 8430 | + | 4146 | |
| 5155 | 8431 | occur in the foreseeable future without the tax credit; and | |
| 5156 | - | ||
| 8432 | + | 4147 | |
| 5157 | 8433 | (xvi) the location and impact of the new commercial project on existing and planned | |
| 5158 | - | ||
| 8434 | + | 4148 | |
| 5159 | 8435 | transportation facilities, existing and planned housing, including affordable | |
| 5160 | - | ||
| 8436 | + | 4149 | |
| 5161 | 8437 | housing, and public infrastructure[; and] . | |
| 5162 | - | ||
| 8438 | + | 4150 | |
| 5163 | 8439 | [(c) consult with the GOEO board.] | |
| 5164 | - | ||
| 8440 | + | 4151 | |
| 5165 | 8441 | (3) In determining the amount of tax credit that a business entity may be authorized to | |
| 5166 | - | ||
| 8442 | + | 4152 | |
| 5167 | 8443 | receive under a written agreement, the office may: | |
| 5168 | - | ||
| 8444 | + | 4153 | |
| 5169 | 8445 | (a) authorize a higher or optimized amount of tax credit for a new commercial project | |
| 5170 | - | ||
| 8446 | + | 4154 | |
| 5171 | 8447 | located within a development zone created by a local government entity as described | |
| 5172 | - | ||
| 8448 | + | 4155 | |
| 5173 | 8449 | in Subsection 63N-2-104(2); and | |
| 5174 | - | ||
| 8450 | + | 4156 | |
| 5175 | 8451 | (b) establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative | |
| 5176 | - | ||
| 8452 | + | 4157 | |
| 5177 | 8453 | Rulemaking Act, a process by which the office closely approximates the amount of | |
| 5178 | - | - 75 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 5179 | - | 2544 | |
| 8454 | + | 4158 | |
| 5180 | 8455 | taxes the business entity paid under Title 59, Chapter 12, Sales and Use Tax Act, for | |
| 5181 | - | ||
| 8456 | + | 4159 | |
| 5182 | 8457 | a capital project. | |
| 5183 | - | ||
| 8458 | + | 4160 | |
| 5184 | 8459 | (4) If the office identifies any of the following events after entering into a written | |
| 5185 | - | ||
| 8460 | + | 4161 | |
| 5186 | 8461 | agreement with a business entity, the office and the business entity shall amend, or the | |
| 5187 | - | ||
| 8462 | + | 4162 | |
| 5188 | 8463 | office may terminate, the written agreement: | |
| 5189 | - | ||
| 8464 | + | 4163 | |
| 5190 | 8465 | (a) a change in the business entity's organization resulting from a merger with or | |
| 5191 | - | ||
| 8466 | + | 4164 | |
| 5192 | 8467 | acquisition of another entity located in the state; | |
| 5193 | - | ||
| 8468 | + | 4165 | |
| 5194 | 8469 | (b) a material increase in the business entity's retail operations that results in new state | |
| 5195 | - | ||
| 8470 | + | 4166 | |
| 5196 | 8471 | revenue not subject to the incentive; or | |
| 5197 | - | ||
| 8472 | + | 4167 | |
| 5198 | 8473 | (c) an increase in the business entity's operations that: | |
| 5199 | - | ||
| 8474 | + | 4168 | |
| 5200 | 8475 | (i) is outside the scope of the written agreement or outside the boundaries of a | |
| 5201 | - | ||
| 8476 | + | 4169 | |
| 5202 | 8477 | development zone; and | |
| 5203 | - | ||
| 8478 | + | 4170 | |
| 5204 | 8479 | (ii) results in new state revenue not subject to the incentive. | |
| 5205 | - | ||
| 5206 | - | Section | |
| 5207 | - | ||
| 8480 | + | 4171 | |
| 8481 | + | Section 66. Section 63N-2-104.3 is amended to read: | |
| 8482 | + | 4172 | |
| 5208 | 8483 | 63N-2-104.3 (Effective 05/07/25). Limitations on tax credit amount. | |
| 5209 | - | ||
| 8484 | + | 4173 | |
| 5210 | 8485 | (1) Except as provided in Subsection (2)(a), for a new commercial project that is located | |
| 5211 | - | ||
| 8486 | + | 4174 | |
| 5212 | 8487 | within the boundary of a county of the first or second class, the office may not authorize | |
| 5213 | - | ||
| 8488 | + | 4175 | |
| 5214 | 8489 | a tax credit that exceeds: | |
| 5215 | - | ||
| 8490 | + | 4176 | |
| 5216 | 8491 | (a) 50% of the new state revenues from the new commercial project in any given year; | |
| 5217 | - | ||
| 8492 | + | 4177 | |
| 5218 | 8493 | (b) 30% of the new state revenues from the new commercial project over a period of up | |
| 5219 | - | 2564 | |
| 8494 | + | - 123 - S.B. 337 02-26 10:50 | |
| 8495 | + | 4178 | |
| 5220 | 8496 | to 20 years; or | |
| 5221 | - | ||
| 8497 | + | 4179 | |
| 5222 | 8498 | (c) 35% of the new state revenues from the new commercial project over a period of up | |
| 5223 | - | ||
| 8499 | + | 4180 | |
| 5224 | 8500 | to 20 years, if: | |
| 5225 | - | ||
| 8501 | + | 4181 | |
| 5226 | 8502 | (i) the new commercial project brings 2,500 or more new incremental jobs to the | |
| 5227 | - | ||
| 8503 | + | 4182 | |
| 5228 | 8504 | state; | |
| 5229 | - | ||
| 8505 | + | 4183 | |
| 5230 | 8506 | (ii) the amount of capital expenditures associated with the new commercial project is | |
| 5231 | - | ||
| 8507 | + | 4184 | |
| 5232 | 8508 | $1,000,000,000 or more; and | |
| 5233 | - | ||
| 8509 | + | 4185 | |
| 5234 | 8510 | (iii) the [commission] council approves the tax credit. | |
| 5235 | - | ||
| 8511 | + | 4186 | |
| 5236 | 8512 | (2) If the office authorizes a tax credit for a new commercial project located within the | |
| 5237 | - | ||
| 8513 | + | 4187 | |
| 5238 | 8514 | boundary of: | |
| 5239 | - | ||
| 8515 | + | 4188 | |
| 5240 | 8516 | (a) a municipality with a population of 10,000 or less located within a county of the | |
| 5241 | - | ||
| 8517 | + | 4189 | |
| 5242 | 8518 | second class and that is experiencing economic hardship as determined by the office, | |
| 5243 | - | ||
| 8519 | + | 4190 | |
| 5244 | 8520 | the office may authorize a tax credit of up to 50% of new state revenues from the new | |
| 5245 | - | ||
| 8521 | + | 4191 | |
| 5246 | 8522 | commercial project over a period of up to 20 years; | |
| 5247 | - | - 76 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 5248 | - | 2578 | |
| 8523 | + | 4192 | |
| 5249 | 8524 | (b) a county of the third class, the office may authorize a tax credit of up to 50% of new | |
| 5250 | - | ||
| 8525 | + | 4193 | |
| 5251 | 8526 | state revenues from the new commercial project over a period of up to 20 years; and | |
| 5252 | - | ||
| 8527 | + | 4194 | |
| 5253 | 8528 | (c) a county of the fourth, fifth, or sixth class, the office may authorize a tax credit of | |
| 5254 | - | ||
| 8529 | + | 4195 | |
| 5255 | 8530 | 50% of new state revenues from the new commercial project over a period of up to | |
| 5256 | - | ||
| 8531 | + | 4196 | |
| 5257 | 8532 | 20 years. | |
| 5258 | - | ||
| 5259 | - | Section | |
| 5260 | - | ||
| 8533 | + | 4197 | |
| 8534 | + | Section 67. Section 63N-2-504 is amended to read: | |
| 8535 | + | 4198 | |
| 5261 | 8536 | 63N-2-504 (Effective 05/07/25). Independent review committee. | |
| 5262 | - | ||
| 5263 | - | (1) In accordance with rules adopted by the office under Section 63N-2-509, the | |
| 5264 | - | ||
| 5265 | - | board | |
| 5266 | - | ||
| 8537 | + | 4199 | |
| 8538 | + | (1) In accordance with rules adopted by the office under Section 63N-2-509, the GOEO | |
| 8539 | + | 4200 | |
| 8540 | + | board shall establish a separate, independent review committee to provide | |
| 8541 | + | 4201 | |
| 5267 | 8542 | recommendations to the office regarding the terms and conditions of an agreement and | |
| 5268 | - | ||
| 8543 | + | 4202 | |
| 5269 | 8544 | to consult with the office as provided in this part or in rule. | |
| 5270 | - | ||
| 8545 | + | 4203 | |
| 5271 | 8546 | (2) The review committee shall consist of: | |
| 5272 | - | ||
| 5273 | - | (a) one member appointed by the[ | |
| 5274 | - | ||
| 5275 | - | office; | |
| 5276 | - | ||
| 8547 | + | 4204 | |
| 8548 | + | (a) one member appointed by the [executive director] chief executive officer or the chief | |
| 8549 | + | 4205 | |
| 8550 | + | executive officer's designee to represent the office; | |
| 8551 | + | 4206 | |
| 5277 | 8552 | (b) two members appointed by the mayor or chief executive of the county in which the | |
| 5278 | - | ||
| 8553 | + | 4207 | |
| 5279 | 8554 | qualified hotel is located or proposed to be located; | |
| 5280 | - | ||
| 8555 | + | 4208 | |
| 5281 | 8556 | (c) two members appointed by: | |
| 5282 | - | ||
| 8557 | + | 4209 | |
| 5283 | 8558 | (i) the mayor of the municipality in which the qualified hotel is located or proposed | |
| 5284 | - | ||
| 8559 | + | 4210 | |
| 5285 | 8560 | to be located, if the qualified hotel is located or proposed to be located within the | |
| 5286 | - | ||
| 8561 | + | 4211 | |
| 5287 | 8562 | boundary of a municipality; or | |
| 5288 | - | 2598 | |
| 8563 | + | - 124 - 02-26 10:50 S.B. 337 | |
| 8564 | + | 4212 | |
| 5289 | 8565 | (ii) the mayor or chief executive of the county in which the qualified hotel is located | |
| 5290 | - | ||
| 8566 | + | 4213 | |
| 5291 | 8567 | or proposed to be located, in addition to the two members appointed under | |
| 5292 | - | ||
| 8568 | + | 4214 | |
| 5293 | 8569 | Subsection (2)(b), if the qualified hotel is located or proposed to be located | |
| 5294 | - | ||
| 8570 | + | 4215 | |
| 5295 | 8571 | outside the boundary of a municipality; | |
| 5296 | - | ||
| 8572 | + | 4216 | |
| 5297 | 8573 | (d) an individual representing the hotel industry, appointed by the Utah Hotel and | |
| 5298 | - | ||
| 8574 | + | 4217 | |
| 5299 | 8575 | Lodging Association; | |
| 5300 | - | ||
| 8576 | + | 4218 | |
| 5301 | 8577 | (e) an individual representing the commercial development and construction industry, | |
| 5302 | - | ||
| 8578 | + | 4219 | |
| 5303 | 8579 | appointed by the president or chief executive officer of the local chamber of | |
| 5304 | - | ||
| 8580 | + | 4220 | |
| 5305 | 8581 | commerce; and | |
| 5306 | - | ||
| 8582 | + | 4221 | |
| 5307 | 8583 | (f) an individual representing the convention and meeting planners industry, appointed | |
| 5308 | - | ||
| 8584 | + | 4222 | |
| 5309 | 8585 | by the president or chief executive officer of the local convention and visitors bureau[; | |
| 5310 | - | ||
| 8586 | + | 4223 | |
| 5311 | 8587 | and] . | |
| 5312 | - | ||
| 8588 | + | 4224 | |
| 5313 | 8589 | [(g) one member appointed by the GOEO board.] | |
| 5314 | - | ||
| 8590 | + | 4225 | |
| 5315 | 8591 | (3)(a) A member serves an indeterminate term and may be removed from the review | |
| 5316 | - | - 77 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 5317 | - | 2612 | |
| 8592 | + | 4226 | |
| 5318 | 8593 | committee by the appointing authority at any time. | |
| 5319 | - | ||
| 8594 | + | 4227 | |
| 5320 | 8595 | (b) A vacancy may be filled in the same manner as an appointment under Subsection (2). | |
| 5321 | - | ||
| 8596 | + | 4228 | |
| 5322 | 8597 | (4) A member of the review committee may not be paid for serving on the review | |
| 5323 | - | ||
| 8598 | + | 4229 | |
| 5324 | 8599 | committee and may not receive per diem or expense reimbursement. | |
| 5325 | - | ||
| 8600 | + | 4230 | |
| 5326 | 8601 | (5) The office shall provide any necessary staff support to the review committee. | |
| 5327 | - | ||
| 5328 | - | Section | |
| 5329 | - | ||
| 8602 | + | 4231 | |
| 8603 | + | Section 68. Section 63N-2-808 is amended to read: | |
| 8604 | + | 4232 | |
| 5330 | 8605 | 63N-2-808 (Effective 05/07/25). Agreements between office and tax credit | |
| 5331 | - | ||
| 8606 | + | 4233 | |
| 5332 | 8607 | applicant and life science establishment -- Tax credit certificate. | |
| 5333 | - | ||
| 8608 | + | 4234 | |
| 5334 | 8609 | (1)(a) The office[, with advice from the GOEO board,] may enter into an agreement to | |
| 5335 | - | ||
| 8610 | + | 4235 | |
| 5336 | 8611 | grant a tax credit certificate to a tax credit applicant selected in accordance with this | |
| 5337 | - | ||
| 8612 | + | 4236 | |
| 5338 | 8613 | part, if the tax credit applicant meets the conditions established in the agreement and | |
| 5339 | - | ||
| 8614 | + | 4237 | |
| 5340 | 8615 | under this part. | |
| 5341 | - | ||
| 8616 | + | 4238 | |
| 5342 | 8617 | (b) The agreement described in Subsection (1)(a) shall: | |
| 5343 | - | ||
| 8618 | + | 4239 | |
| 5344 | 8619 | (i) detail the requirements that the tax credit applicant shall meet prior to receiving a | |
| 5345 | - | ||
| 8620 | + | 4240 | |
| 5346 | 8621 | tax credit certificate; | |
| 5347 | - | ||
| 8622 | + | 4241 | |
| 5348 | 8623 | (ii) require the tax credit certificate recipient to retain records supporting a claim for a | |
| 5349 | - | ||
| 8624 | + | 4242 | |
| 5350 | 8625 | tax credit for at least four years after the tax credit certificate recipient claims a tax | |
| 5351 | - | ||
| 8626 | + | 4243 | |
| 5352 | 8627 | credit under this part; and | |
| 5353 | - | ||
| 8628 | + | 4244 | |
| 5354 | 8629 | (iii) require the tax credit certificate recipient to submit to audits for verification of | |
| 5355 | - | ||
| 8630 | + | 4245 | |
| 5356 | 8631 | the tax credit claimed, including audits by the office and by the State Tax | |
| 5357 | - | 2632 | |
| 8632 | + | - 125 - S.B. 337 02-26 10:50 | |
| 8633 | + | 4246 | |
| 5358 | 8634 | Commission. | |
| 5359 | - | ||
| 8635 | + | 4247 | |
| 5360 | 8636 | (2)(a) The office[, with advice from the GOEO board,] shall enter into an agreement | |
| 5361 | - | ||
| 8637 | + | 4248 | |
| 5362 | 8638 | with the life science establishment in which the tax credit applicant invested for | |
| 5363 | - | ||
| 8639 | + | 4249 | |
| 5364 | 8640 | purposes of claiming a tax credit. | |
| 5365 | - | ||
| 8641 | + | 4250 | |
| 5366 | 8642 | (b) The agreement described in Subsection (2)(a): | |
| 5367 | - | ||
| 8643 | + | 4251 | |
| 5368 | 8644 | (i) shall provide the office with a document that expressly and directly authorizes the | |
| 5369 | - | ||
| 8645 | + | 4252 | |
| 5370 | 8646 | State Tax Commission to disclose to the office the life science establishment's tax | |
| 5371 | - | ||
| 8647 | + | 4253 | |
| 5372 | 8648 | returns and other information that would otherwise be subject to confidentiality | |
| 5373 | - | ||
| 8649 | + | 4254 | |
| 5374 | 8650 | under Section 59-1-403 or Section 6103, Internal Revenue Code; | |
| 5375 | - | ||
| 8651 | + | 4255 | |
| 5376 | 8652 | (ii) shall authorize the Department of Workforce Services to disclose to the office the | |
| 5377 | - | ||
| 8653 | + | 4256 | |
| 5378 | 8654 | employment data that the life science establishment submits to the Department of | |
| 5379 | - | ||
| 8655 | + | 4257 | |
| 5380 | 8656 | Workforce Services; | |
| 5381 | - | ||
| 8657 | + | 4258 | |
| 5382 | 8658 | (iii) shall require the life science establishment to provide the office with the life | |
| 5383 | - | ||
| 8659 | + | 4259 | |
| 5384 | 8660 | science establishment's current capitalization tables; and | |
| 5385 | - | - 78 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 5386 | - | 2646 | |
| 8661 | + | 4260 | |
| 5387 | 8662 | (iv) may require the life science establishment to provide the office with other data | |
| 5388 | - | ||
| 8663 | + | 4261 | |
| 5389 | 8664 | that: | |
| 5390 | - | ||
| 8665 | + | 4262 | |
| 5391 | 8666 | (A) ensure compliance with the requirements of this chapter; and | |
| 5392 | - | ||
| 8667 | + | 4263 | |
| 5393 | 8668 | (B) demonstrate the economic impact of the tax credit applicant's investment in | |
| 5394 | - | ||
| 8669 | + | 4264 | |
| 5395 | 8670 | the life science establishment. | |
| 5396 | - | ||
| 5397 | - | Section | |
| 5398 | - | ||
| 5399 | - | 63N-3-102 (Effective 07 | |
| 5400 | - | ||
| 8671 | + | 4265 | |
| 8672 | + | Section 69. Section 63N-3-102 is amended to read: | |
| 8673 | + | 4266 | |
| 8674 | + | 63N-3-102 (Effective 05/07/25). Definitions. | |
| 8675 | + | 4267 | |
| 5401 | 8676 | As used in this part: | |
| 5402 | - | ||
| 5403 | - | (1) "Administrator" means the [executive director] | |
| 5404 | - | ||
| 5405 | - | ||
| 5406 | - | ||
| 8677 | + | 4268 | |
| 8678 | + | (1) "Administrator" means the [executive director] chief executive officer or the [executive | |
| 8679 | + | 4269 | |
| 8680 | + | director's] chief executive officer's designee. | |
| 8681 | + | 4270 | |
| 5407 | 8682 | (2) "Applicant" means an individual, for profit business entity, nonprofit, corporation, | |
| 5408 | - | ||
| 8683 | + | 4271 | |
| 5409 | 8684 | partnership, unincorporated association, government entity, executive branch department | |
| 5410 | - | ||
| 8685 | + | 4272 | |
| 5411 | 8686 | or division of a department, a political subdivision, a state institution of higher | |
| 5412 | - | ||
| 8687 | + | 4273 | |
| 5413 | 8688 | education, or any other administrative unit of the state. | |
| 5414 | - | ||
| 8689 | + | 4274 | |
| 5415 | 8690 | (3) "Economic opportunities" means business situations or community circumstances which | |
| 5416 | - | ||
| 8691 | + | 4275 | |
| 5417 | 8692 | lend themselves to the furtherance of the economic interests of the state by providing a | |
| 5418 | - | ||
| 8693 | + | 4276 | |
| 5419 | 8694 | catalyst or stimulus to the growth or retention, or both, of commerce and industry in the | |
| 5420 | - | ||
| 8695 | + | 4277 | |
| 5421 | 8696 | state, including retention of companies whose relocation outside the state would have a | |
| 5422 | - | ||
| 8697 | + | 4278 | |
| 5423 | 8698 | significant detrimental economic impact on the state as a whole, regions of the state, or | |
| 5424 | - | ||
| 8699 | + | 4279 | |
| 5425 | 8700 | specific components of the state. | |
| 5426 | - | 2666 | |
| 8701 | + | - 126 - 02-26 10:50 S.B. 337 | |
| 8702 | + | 4280 | |
| 5427 | 8703 | (4) "Restricted Account" means the restricted account known as the Industrial Assistance | |
| 5428 | - | ||
| 8704 | + | 4281 | |
| 5429 | 8705 | Account created in Section 63N-3-103. | |
| 5430 | - | ||
| 8706 | + | 4282 | |
| 5431 | 8707 | (5) "Talent development grant" means a grant awarded under Section 63N-3-112. | |
| 5432 | - | ||
| 5433 | - | Section | |
| 5434 | - | ||
| 5435 | - | 63N-3-403 (Effective 07 | |
| 5436 | - | ||
| 8708 | + | 4283 | |
| 8709 | + | Section 70. Section 63N-3-403 is amended to read: | |
| 8710 | + | 4284 | |
| 8711 | + | 63N-3-403 (Effective 05/07/25). Transient Room Tax Fund -- Source of revenues | |
| 8712 | + | 4285 | |
| 5437 | 8713 | -- Interest -- Expenditure or pledge of revenues. | |
| 5438 | - | ||
| 8714 | + | 4286 | |
| 5439 | 8715 | (1) There is created a fiduciary fund held by the state in a purely custodial capacity known | |
| 5440 | - | ||
| 8716 | + | 4287 | |
| 5441 | 8717 | as the Transient Room Tax Fund. | |
| 5442 | - | ||
| 8718 | + | 4288 | |
| 5443 | 8719 | (2)(a) The fund shall be funded by the portion of the sales and use tax described in | |
| 5444 | - | ||
| 8720 | + | 4289 | |
| 5445 | 8721 | Subsection 59-12-301(2). | |
| 5446 | - | ||
| 8722 | + | 4290 | |
| 5447 | 8723 | (b)(i) The fund shall earn interest. | |
| 5448 | - | ||
| 8724 | + | 4291 | |
| 5449 | 8725 | (ii) Any interest earned on fund money shall be deposited into the fund. | |
| 5450 | - | 2678 | |
| 5451 | - | (3)(a) Subject to Subsection (3)(b), the [executive director] commissioner shall expend or | |
| 5452 | - | 2679 | |
| 5453 | - | pledge the money deposited into the fund: | |
| 5454 | - | - 79 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 5455 | - | 2680 | |
| 8726 | + | 4292 | |
| 8727 | + | (3)(a) Subject to Subsection (3)(b), the [executive director] chief executive officer or the | |
| 8728 | + | 4293 | |
| 8729 | + | chief executive officer's designee shall expend or pledge the money deposited into | |
| 8730 | + | 4294 | |
| 8731 | + | the fund: | |
| 8732 | + | 4295 | |
| 5456 | 8733 | (i) to mitigate the impacts of traffic and parking relating to a convention facility | |
| 5457 | - | ||
| 8734 | + | 4296 | |
| 5458 | 8735 | within a county of the first class; | |
| 5459 | - | ||
| 8736 | + | 4297 | |
| 5460 | 8737 | (ii) for a purpose listed in Section 17-31-2, except that any requirements in Section | |
| 5461 | - | ||
| 8738 | + | 4298 | |
| 5462 | 8739 | 17-31-2 for the expenditure of money do not apply; or | |
| 5463 | - | ||
| 8740 | + | 4299 | |
| 5464 | 8741 | (iii) for a combination of Subsections (3)(a)(i) and (ii). | |
| 5465 | - | ||
| 5466 | - | (b) The [executive director] | |
| 5467 | - | ||
| 5468 | - | total to mitigate the impacts of | |
| 5469 | - | ||
| 5470 | - | within a county of the first class. | |
| 5471 | - | ||
| 5472 | - | Section | |
| 5473 | - | ||
| 5474 | - | 63N-3-605 (Effective 07 | |
| 5475 | - | ||
| 8742 | + | 4300 | |
| 8743 | + | (b) The [executive director] chief executive officer or the chief executive officer's | |
| 8744 | + | 4301 | |
| 8745 | + | designee may not expend more than $20,000,000 in total to mitigate the impacts of | |
| 8746 | + | 4302 | |
| 8747 | + | traffic and parking relating to a convention facility within a county of the first class. | |
| 8748 | + | 4303 | |
| 8749 | + | Section 71. Section 63N-3-605 is amended to read: | |
| 8750 | + | 4304 | |
| 8751 | + | 63N-3-605 (Effective 05/07/25). Housing and Transit Reinvestment Zone | |
| 8752 | + | 4305 | |
| 5476 | 8753 | Committee -- Creation. | |
| 5477 | - | ||
| 8754 | + | 4306 | |
| 5478 | 8755 | (1) For any housing and transit reinvestment zone proposed under this part, or for a first | |
| 5479 | - | ||
| 8756 | + | 4307 | |
| 5480 | 8757 | home investment zone proposed in accordance with Part 16, First Home Investment | |
| 5481 | - | ||
| 8758 | + | 4308 | |
| 5482 | 8759 | Zone Act, there is created a housing and transit reinvestment zone committee with | |
| 5483 | - | ||
| 8760 | + | 4309 | |
| 5484 | 8761 | membership described in Subsection (2). | |
| 5485 | - | ||
| 8762 | + | 4310 | |
| 5486 | 8763 | (2) Each housing and transit reinvestment zone committee shall consist of the following | |
| 5487 | - | ||
| 8764 | + | 4311 | |
| 5488 | 8765 | members: | |
| 5489 | - | ||
| 8766 | + | 4312 | |
| 5490 | 8767 | (a) one representative from the Governor's Office of Economic Opportunity, designated | |
| 5491 | - | 2698 | |
| 5492 | - | by the [executive director of the Governor's Office of Economic Opportunity] | |
| 5493 | - | 2699 | |
| 5494 | - | commissioner; | |
| 5495 | - | 2700 | |
| 8768 | + | 4313 | |
| 8769 | + | by the [executive director of the Governor's Office of Economic Opportunity] chief | |
| 8770 | + | - 127 - S.B. 337 02-26 10:50 | |
| 8771 | + | 4314 | |
| 8772 | + | executive officer or the chief executive officer's designee; | |
| 8773 | + | 4315 | |
| 5496 | 8774 | (b) one representative from each municipality that is a party to the proposed housing and | |
| 5497 | - | ||
| 8775 | + | 4316 | |
| 5498 | 8776 | transit reinvestment zone or first home investment zone, designated by the chief | |
| 5499 | - | ||
| 8777 | + | 4317 | |
| 5500 | 8778 | executive officer of each respective municipality; | |
| 5501 | - | ||
| 8779 | + | 4318 | |
| 5502 | 8780 | (c) a member of the Transportation Commission created in Section 72-1-301; | |
| 5503 | - | ||
| 8781 | + | 4319 | |
| 5504 | 8782 | (d) a member of the board of trustees of a large public transit district; | |
| 5505 | - | ||
| 8783 | + | 4320 | |
| 5506 | 8784 | (e) one individual from the Office of the State Treasurer, designated by the state | |
| 5507 | - | ||
| 8785 | + | 4321 | |
| 5508 | 8786 | treasurer; | |
| 5509 | - | ||
| 8787 | + | 4322 | |
| 5510 | 8788 | (f) two members designated by the president of the Senate; | |
| 5511 | - | ||
| 8789 | + | 4323 | |
| 5512 | 8790 | (g) two members designated by the speaker of the House of Representatives; | |
| 5513 | - | ||
| 8791 | + | 4324 | |
| 5514 | 8792 | (h) one member designated by the chief executive officer of each county affected by the | |
| 5515 | - | ||
| 8793 | + | 4325 | |
| 5516 | 8794 | housing and transit reinvestment zone or first home investment zone; | |
| 5517 | - | ||
| 8795 | + | 4326 | |
| 5518 | 8796 | (i) two representatives designated by the school superintendent from the school district | |
| 5519 | - | ||
| 8797 | + | 4327 | |
| 5520 | 8798 | affected by the housing and transit reinvestment zone or first home investment zone; | |
| 5521 | - | ||
| 8799 | + | 4328 | |
| 5522 | 8800 | and | |
| 5523 | - | - 80 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 5524 | - | 2714 | |
| 8801 | + | 4329 | |
| 5525 | 8802 | (j) one representative, representing the largest participating local taxing entity, after the | |
| 5526 | - | ||
| 8803 | + | 4330 | |
| 5527 | 8804 | municipality, county, and school district. | |
| 5528 | - | ||
| 8805 | + | 4331 | |
| 5529 | 8806 | (3) The individual designated by the Governor's Office of Economic Opportunity as | |
| 5530 | - | ||
| 8807 | + | 4332 | |
| 5531 | 8808 | described in Subsection (2)(a) shall serve as chair of the housing and transit | |
| 5532 | - | ||
| 8809 | + | 4333 | |
| 5533 | 8810 | reinvestment zone committee. | |
| 5534 | - | ||
| 8811 | + | 4334 | |
| 5535 | 8812 | (4)(a) A majority of the members of the housing and transit reinvestment zone | |
| 5536 | - | ||
| 8813 | + | 4335 | |
| 5537 | 8814 | committee constitutes a quorum of the housing and transit reinvestment zone | |
| 5538 | - | ||
| 8815 | + | 4336 | |
| 5539 | 8816 | committee. | |
| 5540 | - | ||
| 8817 | + | 4337 | |
| 5541 | 8818 | (b) An action by a majority of a quorum of the housing and transit reinvestment zone | |
| 5542 | - | ||
| 8819 | + | 4338 | |
| 5543 | 8820 | committee is an action of the housing and transit reinvestment zone committee. | |
| 5544 | - | ||
| 8821 | + | 4339 | |
| 5545 | 8822 | (5)(a) After the Governor's Office of Economic Opportunity receives the results of the | |
| 5546 | - | ||
| 8823 | + | 4340 | |
| 5547 | 8824 | analysis described in Section 63N-3-604, and after the Governor's Office of | |
| 5548 | - | ||
| 8825 | + | 4341 | |
| 5549 | 8826 | Economic Opportunity has received a request from the submitting municipality or | |
| 5550 | - | ||
| 8827 | + | 4342 | |
| 5551 | 8828 | public transit county to submit the housing and transit reinvestment zone proposal to | |
| 5552 | - | ||
| 8829 | + | 4343 | |
| 5553 | 8830 | the housing and transit reinvestment zone committee, the Governor's Office of | |
| 5554 | - | ||
| 8831 | + | 4344 | |
| 5555 | 8832 | Economic Opportunity shall notify each of the entities described in Subsection (2) of | |
| 5556 | - | ||
| 8833 | + | 4345 | |
| 5557 | 8834 | the formation of the housing and transit reinvestment zone committee. | |
| 5558 | - | ||
| 8835 | + | 4346 | |
| 5559 | 8836 | (b) For a first home investment zone, the housing and transit reinvestment zone | |
| 5560 | - | ||
| 8837 | + | 4347 | |
| 5561 | 8838 | committee shall follow the procedures described in Section 63N-3-1604. | |
| 5562 | - | 2733 | |
| 8839 | + | - 128 - 02-26 10:50 S.B. 337 | |
| 8840 | + | 4348 | |
| 5563 | 8841 | (6)(a) The chair of the housing and transit reinvestment zone committee shall convene a | |
| 5564 | - | ||
| 8842 | + | 4349 | |
| 5565 | 8843 | public meeting to consider the proposed housing and transit reinvestment zone. | |
| 5566 | - | ||
| 8844 | + | 4350 | |
| 5567 | 8845 | (b) A meeting of the housing and transit reinvestment zone committee is subject to Title | |
| 5568 | - | ||
| 8846 | + | 4351 | |
| 5569 | 8847 | 52, Chapter 4, Open and Public Meetings Act. | |
| 5570 | - | ||
| 8848 | + | 4352 | |
| 5571 | 8849 | (7)(a) The proposing municipality or public transit county shall present the housing and | |
| 5572 | - | ||
| 8850 | + | 4353 | |
| 5573 | 8851 | transit reinvestment zone proposal to the housing and transit reinvestment zone | |
| 5574 | - | ||
| 8852 | + | 4354 | |
| 5575 | 8853 | committee in a public meeting. | |
| 5576 | - | ||
| 8854 | + | 4355 | |
| 5577 | 8855 | (b) The housing and transit reinvestment zone committee shall: | |
| 5578 | - | ||
| 8856 | + | 4356 | |
| 5579 | 8857 | (i) evaluate and verify whether the elements of a housing and transit reinvestment | |
| 5580 | - | ||
| 8858 | + | 4357 | |
| 5581 | 8859 | zone described in Subsections 63N-3-603(2) and (4) have been met; and | |
| 5582 | - | ||
| 8860 | + | 4358 | |
| 5583 | 8861 | (ii) evaluate the proposed housing and transit reinvestment zone relative to the | |
| 5584 | - | ||
| 8862 | + | 4359 | |
| 5585 | 8863 | analysis described in Subsection 63N-3-604(2). | |
| 5586 | - | ||
| 8864 | + | 4360 | |
| 5587 | 8865 | (8)(a) Subject to Subsection (8)(b), the housing and transit reinvestment zone committee | |
| 5588 | - | ||
| 8866 | + | 4361 | |
| 5589 | 8867 | may: | |
| 5590 | - | ||
| 8868 | + | 4362 | |
| 5591 | 8869 | (i) request changes to the housing and transit reinvestment zone proposal based on | |
| 5592 | - | - 81 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 5593 | - | 2748 | |
| 8870 | + | 4363 | |
| 5594 | 8871 | the analysis, characteristics, and criteria described in Section 63N-3-604; or | |
| 5595 | - | ||
| 8872 | + | 4364 | |
| 5596 | 8873 | (ii) vote to approve or deny the proposal. | |
| 5597 | - | ||
| 8874 | + | 4365 | |
| 5598 | 8875 | (b) Before the housing and transit reinvestment zone committee may approve the | |
| 5599 | - | ||
| 8876 | + | 4366 | |
| 5600 | 8877 | housing and transit reinvestment zone proposal, the municipality or public transit | |
| 5601 | - | ||
| 8878 | + | 4367 | |
| 5602 | 8879 | county proposing the housing and transit reinvestment zone shall ensure that the area | |
| 5603 | - | ||
| 8880 | + | 4368 | |
| 5604 | 8881 | of the proposed housing and transit reinvestment zone is zoned in such a manner to | |
| 5605 | - | ||
| 8882 | + | 4369 | |
| 5606 | 8883 | accommodate the requirements of a housing and transit reinvestment zone described | |
| 5607 | - | ||
| 8884 | + | 4370 | |
| 5608 | 8885 | in this section and the proposed development. | |
| 5609 | - | ||
| 8886 | + | 4371 | |
| 5610 | 8887 | (9) If a housing and transit reinvestment zone is approved by the committee: | |
| 5611 | - | ||
| 8888 | + | 4372 | |
| 5612 | 8889 | (a) the proposed housing and transit reinvestment zone is established according to the | |
| 5613 | - | ||
| 8890 | + | 4373 | |
| 5614 | 8891 | terms of the housing and transit reinvestment zone proposal; | |
| 5615 | - | ||
| 8892 | + | 4374 | |
| 5616 | 8893 | (b) affected local taxing entities are required to participate according to the terms of the | |
| 5617 | - | ||
| 8894 | + | 4375 | |
| 5618 | 8895 | housing and transit reinvestment zone proposal; and | |
| 5619 | - | ||
| 8896 | + | 4376 | |
| 5620 | 8897 | (c) each affected taxing entity is required to participate at the same rate[ ]. | |
| 5621 | - | ||
| 8898 | + | 4377 | |
| 5622 | 8899 | (10) A housing and transit reinvestment zone proposal may be amended by following the | |
| 5623 | - | ||
| 8900 | + | 4378 | |
| 5624 | 8901 | same procedure as approving a housing and transit reinvestment zone proposal. | |
| 5625 | - | ||
| 5626 | - | Section | |
| 5627 | - | ||
| 5628 | - | 63N-3-801 (Effective 07 | |
| 5629 | - | ||
| 8902 | + | 4379 | |
| 8903 | + | Section 72. Section 63N-3-801 is amended to read: | |
| 8904 | + | 4380 | |
| 8905 | + | 63N-3-801 (Effective 05/07/25). Creation and administration. | |
| 8906 | + | 4381 | |
| 5630 | 8907 | (1) There is created an enterprise fund known as the "State Small Business Credit Initiative | |
| 5631 | - | 2767 | |
| 8908 | + | - 129 - S.B. 337 02-26 10:50 | |
| 8909 | + | 4382 | |
| 5632 | 8910 | Program Fund" administered by the office. | |
| 5633 | - | ||
| 5634 | - | (2) The [executive director] | |
| 5635 | - | ||
| 5636 | - | designee is the administrator of the fund. | |
| 5637 | - | ||
| 8911 | + | 4383 | |
| 8912 | + | (2) The [executive director] chief executive officer or the [executive director's] chief | |
| 8913 | + | 4384 | |
| 8914 | + | executive officer's designee is the administrator of the fund. | |
| 8915 | + | 4385 | |
| 5638 | 8916 | (3) Revenues deposited into the fund shall consist of: | |
| 5639 | - | ||
| 8917 | + | 4386 | |
| 5640 | 8918 | (a) grants, pay backs, bonuses, entitlements, and other money received from the federal | |
| 5641 | - | ||
| 8919 | + | 4387 | |
| 5642 | 8920 | government to implement the State Small Business Credit Initiative; and | |
| 5643 | - | ||
| 8921 | + | 4388 | |
| 5644 | 8922 | (b) transfers, grants, gifts, bequests, and other money made available from any source to | |
| 5645 | - | ||
| 8923 | + | 4389 | |
| 5646 | 8924 | implement this part. | |
| 5647 | - | ||
| 8925 | + | 4390 | |
| 5648 | 8926 | (4)(a) The state treasurer shall invest the money in the fund according to the procedures | |
| 5649 | - | ||
| 8927 | + | 4391 | |
| 5650 | 8928 | and requirements of Title 51, Chapter 7, State Money Management Act. | |
| 5651 | - | ||
| 8929 | + | 4392 | |
| 5652 | 8930 | (b) Interest and other earnings derived from the fund money shall be deposited in the | |
| 5653 | - | ||
| 8931 | + | 4393 | |
| 5654 | 8932 | fund. | |
| 5655 | - | ||
| 8933 | + | 4394 | |
| 5656 | 8934 | (5) The office may use fund money for administration of the fund. | |
| 5657 | - | ||
| 5658 | - | Section | |
| 5659 | - | ||
| 8935 | + | 4395 | |
| 8936 | + | Section 73. Section 63N-3-1102 is amended to read: | |
| 8937 | + | 4396 | |
| 5660 | 8938 | 63N-3-1102 (Effective 05/07/25). Manufacturing Modernization Grant Program | |
| 5661 | - | - 82 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 5662 | - | 2782 | |
| 8939 | + | 4397 | |
| 5663 | 8940 | -- Creation -- Purpose -- Requirements -- Rulemaking -- Report. | |
| 5664 | - | ||
| 8941 | + | 4398 | |
| 5665 | 8942 | (1)(a) There is created the Manufacturing Modernization Grant Program to be | |
| 5666 | - | ||
| 8943 | + | 4399 | |
| 5667 | 8944 | administered by the office. | |
| 5668 | - | ||
| 8945 | + | 4400 | |
| 5669 | 8946 | (b) The purpose of the program is to award grants to existing Utah businesses to | |
| 5670 | - | ||
| 8947 | + | 4401 | |
| 5671 | 8948 | establish, relocate, retain, or develop manufacturing industry in the state and lessen | |
| 5672 | - | ||
| 8949 | + | 4402 | |
| 5673 | 8950 | dependence on manufacturing overseas. | |
| 5674 | - | ||
| 8951 | + | 4403 | |
| 5675 | 8952 | (2)(a) An entity that submits a proposal for a grant to the office shall include details in | |
| 5676 | - | ||
| 8953 | + | 4404 | |
| 5677 | 8954 | the proposal regarding: | |
| 5678 | - | ||
| 8955 | + | 4405 | |
| 5679 | 8956 | (i) the entity's plan to use the grant to fulfill the purpose described in Subsection | |
| 5680 | - | ||
| 8957 | + | 4406 | |
| 5681 | 8958 | (1)(b); | |
| 5682 | - | ||
| 8959 | + | 4407 | |
| 5683 | 8960 | (ii) any plan to use funding sources in addition to a grant for the proposal; and | |
| 5684 | - | ||
| 8961 | + | 4408 | |
| 5685 | 8962 | (iii) any existing or planned partnerships between the entity and another individual or | |
| 5686 | - | ||
| 8963 | + | 4409 | |
| 5687 | 8964 | entity to implement the proposal. | |
| 5688 | - | ||
| 8965 | + | 4410 | |
| 5689 | 8966 | (b) In evaluating a proposal for a grant, the office shall consider: | |
| 5690 | - | ||
| 8967 | + | 4411 | |
| 5691 | 8968 | (i) the likelihood the proposal will accomplish the purpose described in Subsection | |
| 5692 | - | ||
| 8969 | + | 4412 | |
| 5693 | 8970 | (1)(b); | |
| 5694 | - | ||
| 8971 | + | 4413 | |
| 5695 | 8972 | (ii) the extent to which any additional funding sources or existing or planned | |
| 5696 | - | ||
| 8973 | + | 4414 | |
| 5697 | 8974 | partnerships will benefit the proposal; and | |
| 5698 | - | ||
| 8975 | + | 4415 | |
| 5699 | 8976 | (iii) the viability and sustainability of the proposal. | |
| 5700 | - | 2801 | |
| 8977 | + | - 130 - 02-26 10:50 S.B. 337 | |
| 8978 | + | 4416 | |
| 5701 | 8979 | (c) In determining a grant award, the office[:] | |
| 5702 | - | ||
| 8980 | + | 4417 | |
| 5703 | 8981 | [(i) may consult with the GOEO board; and] | |
| 5704 | - | ||
| 8982 | + | 4418 | |
| 5705 | 8983 | [(ii)] may prioritize a targeted industry or an entity with fewer than 250 employees. | |
| 5706 | - | ||
| 8984 | + | 4419 | |
| 5707 | 8985 | (3) Before receiving the grant, a grant recipient shall enter into a written agreement with the | |
| 5708 | - | ||
| 8986 | + | 4420 | |
| 5709 | 8987 | office that specifies: | |
| 5710 | - | ||
| 8988 | + | 4421 | |
| 5711 | 8989 | (a) the grant amount; | |
| 5712 | - | ||
| 8990 | + | 4422 | |
| 5713 | 8991 | (b) the time period and structure for distribution of the grant, including any terms and | |
| 5714 | - | ||
| 8992 | + | 4423 | |
| 5715 | 8993 | conditions the recipient is required to meet to receive a distribution; and | |
| 5716 | - | ||
| 8994 | + | 4424 | |
| 5717 | 8995 | (c) the expenses for which the recipient may use the grant, including: | |
| 5718 | - | ||
| 8996 | + | 4425 | |
| 5719 | 8997 | (i) acquisition of manufacturing equipment; | |
| 5720 | - | ||
| 8998 | + | 4426 | |
| 5721 | 8999 | (ii) production, design, or engineering costs; | |
| 5722 | - | ||
| 9000 | + | 4427 | |
| 5723 | 9001 | (iii) specialized employee training; | |
| 5724 | - | ||
| 9002 | + | 4428 | |
| 5725 | 9003 | (iv) technology upgrades; or | |
| 5726 | - | ||
| 9004 | + | 4429 | |
| 5727 | 9005 | (v) provision of a grant to another individual or entity for the expenses described in | |
| 5728 | - | ||
| 9006 | + | 4430 | |
| 5729 | 9007 | Subsections (3)(c)(i) through (iv) or to otherwise fulfill the recipient's proposal. | |
| 5730 | - | - 83 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 5731 | - | 2816 | |
| 9008 | + | 4431 | |
| 5732 | 9009 | (4) Subject to Subsection (2), the office may, in accordance with Title 63G, Chapter 3, Utah | |
| 5733 | - | ||
| 9010 | + | 4432 | |
| 5734 | 9011 | Administrative Rulemaking Act, make rules to establish: | |
| 5735 | - | ||
| 9012 | + | 4433 | |
| 5736 | 9013 | (a) the form and process for submitting a proposal to the office for a grant; | |
| 5737 | - | ||
| 9014 | + | 4434 | |
| 5738 | 9015 | (b) the entities that are eligible to apply for a grant; | |
| 5739 | - | ||
| 9016 | + | 4435 | |
| 5740 | 9017 | (c) the method and formula for determining a grant amount; and | |
| 5741 | - | ||
| 9018 | + | 4436 | |
| 5742 | 9019 | (d) the reporting requirements for a grant recipient. | |
| 5743 | - | ||
| 9020 | + | 4437 | |
| 5744 | 9021 | (5) On or before October 1 of each year, the office shall provide a written report to the | |
| 5745 | - | ||
| 9022 | + | 4438 | |
| 5746 | 9023 | Economic Development and Workforce Services Interim Committee regarding: | |
| 5747 | - | ||
| 9024 | + | 4439 | |
| 5748 | 9025 | (a) each grant awarded; and | |
| 5749 | - | ||
| 9026 | + | 4440 | |
| 5750 | 9027 | (b) the economic impact of each grant. | |
| 5751 | - | ||
| 5752 | - | Section | |
| 5753 | - | ||
| 5754 | - | 63N-4-104 (Effective 07 | |
| 5755 | - | ||
| 9028 | + | 4441 | |
| 9029 | + | Section 74. Section 63N-4-104 is amended to read: | |
| 9030 | + | 4442 | |
| 9031 | + | 63N-4-104 (Effective 05/07/25). Duties. | |
| 9032 | + | 4443 | |
| 5756 | 9033 | (1) The Center for Rural Development shall: | |
| 5757 | - | ||
| 9034 | + | 4444 | |
| 5758 | 9035 | (a) work to enhance the capacity of the office to address rural economic development, | |
| 5759 | - | ||
| 9036 | + | 4445 | |
| 5760 | 9037 | planning, and leadership training challenges and opportunities by establishing | |
| 5761 | - | ||
| 9038 | + | 4446 | |
| 5762 | 9039 | partnerships and positive working relationships with appropriate public and private | |
| 5763 | - | ||
| 9040 | + | 4447 | |
| 5764 | 9041 | sector entities, individuals, and institutions; | |
| 5765 | - | 2833 | |
| 5766 | - | (b) work with the [GOEO board] office to coordinate and focus available resources in | |
| 5767 | - | 2834 | |
| 5768 | - | ways that address the economic development, planning, and leadership training | |
| 5769 | - | 2835 | |
| 5770 | - | challenges and priorities in rural Utah; | |
| 5771 | - | 2836 | |
| 9042 | + | 4448 | |
| 9043 | + | (b) work with the [GOEO board] chief executive officer to coordinate and focus | |
| 9044 | + | 4449 | |
| 9045 | + | available resources in ways that address the economic development, planning, and | |
| 9046 | + | - 131 - S.B. 337 02-26 10:50 | |
| 9047 | + | 4450 | |
| 9048 | + | leadership training challenges and priorities in rural Utah; | |
| 9049 | + | 4451 | |
| 5772 | 9050 | (c) assist in administering the Rural Opportunity Program created in Section 63N-4-802; | |
| 5773 | - | ||
| 9051 | + | 4452 | |
| 5774 | 9052 | and | |
| 5775 | - | ||
| 9053 | + | 4453 | |
| 5776 | 9054 | (d) in accordance with economic development and planning policies set by state | |
| 5777 | - | ||
| 9055 | + | 4454 | |
| 5778 | 9056 | government, coordinate relations between: | |
| 5779 | - | ||
| 9057 | + | 4455 | |
| 5780 | 9058 | (i) the state; | |
| 5781 | - | ||
| 9059 | + | 4456 | |
| 5782 | 9060 | (ii) rural governments; | |
| 5783 | - | ||
| 9061 | + | 4457 | |
| 5784 | 9062 | (iii) other public and private groups engaged in rural economic planning and | |
| 5785 | - | ||
| 9063 | + | 4458 | |
| 5786 | 9064 | development; and | |
| 5787 | - | ||
| 9065 | + | 4459 | |
| 5788 | 9066 | (iv) federal agencies. | |
| 5789 | - | ||
| 9067 | + | 4460 | |
| 5790 | 9068 | (2) The Center for Rural Development may, in accordance with Title 63G, Chapter 3, Utah | |
| 5791 | - | ||
| 9069 | + | 4461 | |
| 5792 | 9070 | Administrative Rulemaking Act, make rules necessary to carry out its duties. | |
| 5793 | - | 2847 | |
| 5794 | - | Section 71. Section 63N-4-105 is amended to read: | |
| 5795 | - | 2848 | |
| 5796 | - | 63N-4-105 (Effective 07/01/25). Program manager. | |
| 5797 | - | 2849 | |
| 5798 | - | (1) The [executive director] commissioner may appoint a director for the Center for Rural | |
| 5799 | - | - 84 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 5800 | - | 2850 | |
| 5801 | - | Development with the approval of the governor. | |
| 5802 | - | 2851 | |
| 9071 | + | 4462 | |
| 9072 | + | Section 75. Section 63N-4-105 is amended to read: | |
| 9073 | + | 4463 | |
| 9074 | + | 63N-4-105 (Effective 05/07/25). Program manager. | |
| 9075 | + | 4464 | |
| 9076 | + | (1) The [executive director] chief executive officer may appoint a director for the Center for | |
| 9077 | + | 4465 | |
| 9078 | + | Rural Development with the approval of the governor. | |
| 9079 | + | 4466 | |
| 5803 | 9080 | (2) The director of the Center for Rural Development shall be a person knowledgeable in | |
| 5804 | - | ||
| 9081 | + | 4467 | |
| 5805 | 9082 | the field of rural economic development and planning and experienced in administration. | |
| 5806 | - | ||
| 5807 | - | (3) Upon change of the [executive director] | |
| 5808 | - | ||
| 5809 | - | Rural Development may not be dismissed without cause for at least 180 days. | |
| 5810 | - | ||
| 5811 | - | Section | |
| 5812 | - | ||
| 5813 | - | 63N-4-504 (Effective 07 | |
| 5814 | - | ||
| 9083 | + | 4468 | |
| 9084 | + | (3) Upon change of the [executive director] chief executive officer, the director of the | |
| 9085 | + | 4469 | |
| 9086 | + | Center for Rural Development may not be dismissed without cause for at least 180 days. | |
| 9087 | + | 4470 | |
| 9088 | + | Section 76. Section 63N-4-504 is amended to read: | |
| 9089 | + | 4471 | |
| 9090 | + | 63N-4-504 (Effective 05/07/25). Requirements for awarding a working hubs | |
| 9091 | + | 4472 | |
| 5815 | 9092 | grant. | |
| 5816 | - | ||
| 9093 | + | 4473 | |
| 5817 | 9094 | (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the | |
| 5818 | - | ||
| 9095 | + | 4474 | |
| 5819 | 9096 | office shall make rules establishing the eligibility and reporting criteria for an entity to | |
| 5820 | - | ||
| 9097 | + | 4475 | |
| 5821 | 9098 | receive a grant under this part, including: | |
| 5822 | - | ||
| 9099 | + | 4476 | |
| 5823 | 9100 | (a) the form and process of submitting an application to the office for a grant; | |
| 5824 | - | ||
| 9101 | + | 4477 | |
| 5825 | 9102 | (b) which entities are eligible to apply for a grant; | |
| 5826 | - | ||
| 9103 | + | 4478 | |
| 5827 | 9104 | (c) the method and formula for determining grant amounts; and | |
| 5828 | - | ||
| 9105 | + | 4479 | |
| 5829 | 9106 | (d) the reporting requirements of grant recipients. | |
| 5830 | - | ||
| 9107 | + | 4480 | |
| 5831 | 9108 | (2) In determining the award of a grant, the office may prioritize projects: | |
| 5832 | - | ||
| 9109 | + | 4481 | |
| 5833 | 9110 | (a) that will serve underprivileged or underserved communities, including communities | |
| 5834 | - | ||
| 9111 | + | 4482 | |
| 5835 | 9112 | with high unemployment or low median incomes; | |
| 5836 | - | ||
| 9113 | + | 4483 | |
| 5837 | 9114 | (b) where an applicant demonstrates comprehensive planning of the project but has | |
| 5838 | - | 2869 | |
| 9115 | + | - 132 - 02-26 10:50 S.B. 337 | |
| 9116 | + | 4484 | |
| 5839 | 9117 | limited access to financial resources, including financial resources from local or | |
| 5840 | - | ||
| 9118 | + | 4485 | |
| 5841 | 9119 | county government; and | |
| 5842 | - | ||
| 9120 | + | 4486 | |
| 5843 | 9121 | (c) that maximize economic development opportunities in collaboration with the | |
| 5844 | - | ||
| 9122 | + | 4487 | |
| 5845 | 9123 | economic development needs or plans of an educational institution, a county, and a | |
| 5846 | - | ||
| 9124 | + | 4488 | |
| 5847 | 9125 | municipality. | |
| 5848 | - | ||
| 9126 | + | 4489 | |
| 5849 | 9127 | (3) Subject to legislative appropriation, a grant may only be awarded by the [executive | |
| 5850 | - | ||
| 5851 | - | director] | |
| 5852 | - | ||
| 9128 | + | 4490 | |
| 9129 | + | director] chief executive officer or the chief executive officer's designee. | |
| 9130 | + | 4491 | |
| 5853 | 9131 | (4) A grant may only be awarded under this part: | |
| 5854 | - | ||
| 9132 | + | 4492 | |
| 5855 | 9133 | (a) if the grant recipient agrees to provide any combination of funds, land, buildings, or | |
| 5856 | - | ||
| 9134 | + | 4493 | |
| 5857 | 9135 | in-kind work in an amount equal to at least 25% of the grant; | |
| 5858 | - | ||
| 9136 | + | 4494 | |
| 5859 | 9137 | (b) if the grant recipient agrees not to use grant money for the ongoing operation or | |
| 5860 | - | ||
| 9138 | + | 4495 | |
| 5861 | 9139 | maintenance of a coworking and innovation center; and | |
| 5862 | - | ||
| 9140 | + | 4496 | |
| 5863 | 9141 | (c) in an amount no more than $500,000 to a grant applicant. | |
| 5864 | - | 2882 | |
| 5865 | - | Section 73. Section 63N-4-804 is amended to read: | |
| 5866 | - | 2883 | |
| 5867 | - | 63N-4-804 (Effective 07/01/25). Rural Opportunity Advisory Committee. | |
| 5868 | - | - 85 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 5869 | - | 2884 | |
| 9142 | + | 4497 | |
| 9143 | + | Section 77. Section 63N-4-804 is amended to read: | |
| 9144 | + | 4498 | |
| 9145 | + | 63N-4-804 (Effective 05/07/25). Rural Opportunity Advisory Committee. | |
| 9146 | + | 4499 | |
| 5870 | 9147 | (1) There is created within the office the Rural Opportunity Advisory Committee. | |
| 5871 | - | ||
| 9148 | + | 4500 | |
| 5872 | 9149 | (2) The advisory committee shall be composed of seven members appointed by the [ | |
| 5873 | - | 2886 | |
| 5874 | - | executive director] commissioner, at least five of whom shall reside in a rural county. | |
| 5875 | - | 2887 | |
| 9150 | + | 4501 | |
| 9151 | + | executive director] chief executive officer, at least five of whom shall reside in a rural | |
| 9152 | + | 4502 | |
| 9153 | + | county. | |
| 9154 | + | 4503 | |
| 5876 | 9155 | (3) The advisory committee shall advise and make recommendations to the office regarding | |
| 5877 | - | ||
| 9156 | + | 4504 | |
| 5878 | 9157 | the awarding of grants and loans under the Rural Opportunity Program. | |
| 5879 | - | ||
| 9158 | + | 4505 | |
| 5880 | 9159 | (4)(a) Subject to Subsection (4)(b), each member of the advisory committee shall be | |
| 5881 | - | ||
| 9160 | + | 4506 | |
| 5882 | 9161 | appointed for a four-year term unless a member is appointed to complete an | |
| 5883 | - | ||
| 9162 | + | 4507 | |
| 5884 | 9163 | unexpired term. | |
| 5885 | - | ||
| 5886 | - | (b) The [executive director] | |
| 5887 | - | ||
| 5888 | - | appointment or reappointment so that approximately half of the advisory | |
| 5889 | - | ||
| 5890 | - | is appointed every two years. | |
| 5891 | - | ||
| 9164 | + | 4508 | |
| 9165 | + | (b) The [executive director] chief executive officer may adjust the length of term at the | |
| 9166 | + | 4509 | |
| 9167 | + | time of appointment or reappointment so that approximately half of the advisory | |
| 9168 | + | 4510 | |
| 9169 | + | committee is appointed every two years. | |
| 9170 | + | 4511 | |
| 5892 | 9171 | (5) The advisory committee shall annually elect a chair from among the advisory | |
| 5893 | - | ||
| 9172 | + | 4512 | |
| 5894 | 9173 | committee's members. | |
| 5895 | - | ||
| 9174 | + | 4513 | |
| 5896 | 9175 | (6) A majority of the advisory committee constitutes a quorum for the purpose of | |
| 5897 | - | ||
| 9176 | + | 4514 | |
| 5898 | 9177 | conducting advisory committee business and the action of a majority of a quorum | |
| 5899 | - | ||
| 9178 | + | 4515 | |
| 5900 | 9179 | constitutes the action of the advisory committee. | |
| 5901 | - | ||
| 9180 | + | 4516 | |
| 5902 | 9181 | (7) The office shall provide staff support for the advisory committee. | |
| 5903 | - | ||
| 9182 | + | 4517 | |
| 5904 | 9183 | (8) A member may not receive compensation or benefits for the member's service, but may | |
| 5905 | - | 2902 | |
| 9184 | + | - 133 - S.B. 337 02-26 10:50 | |
| 9185 | + | 4518 | |
| 5906 | 9186 | receive per diem and travel expenses in accordance with: | |
| 5907 | - | ||
| 9187 | + | 4519 | |
| 5908 | 9188 | (a) Section 63A-3-106; | |
| 5909 | - | ||
| 9189 | + | 4520 | |
| 5910 | 9190 | (b) Section 63A-3-107; and | |
| 5911 | - | ||
| 9191 | + | 4521 | |
| 5912 | 9192 | (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and | |
| 5913 | - | ||
| 9193 | + | 4522 | |
| 5914 | 9194 | 63A-3-107. | |
| 5915 | - | ||
| 5916 | - | Section | |
| 5917 | - | ||
| 5918 | - | 63N-7-102 (Effective 07 | |
| 5919 | - | ||
| 9195 | + | 4523 | |
| 9196 | + | Section 78. Section 63N-7-102 is amended to read: | |
| 9197 | + | 4524 | |
| 9198 | + | 63N-7-102 (Effective 05/07/25). Utah Office of Tourism created -- Appointment | |
| 9199 | + | 4525 | |
| 5920 | 9200 | of managing director -- Responsibilities of tourism office. | |
| 5921 | - | ||
| 9201 | + | 4526 | |
| 5922 | 9202 | (1) There is created within GOEO the Utah Office of Tourism. | |
| 5923 | - | ||
| 5924 | - | (2)(a) The [executive director] | |
| 5925 | - | ||
| 5926 | - | tourism office. | |
| 5927 | - | ||
| 5928 | - | (b) The managing director may, with the approval of the [executive director] | |
| 5929 | - | ||
| 5930 | - | ||
| 5931 | - | ||
| 9203 | + | 4527 | |
| 9204 | + | (2)(a) The [executive director] chief executive officer shall appoint a managing director | |
| 9205 | + | 4528 | |
| 9206 | + | of the tourism office. | |
| 9207 | + | 4529 | |
| 9208 | + | (b) The managing director may, with the approval of the [executive director] chief | |
| 9209 | + | 4530 | |
| 9210 | + | executive officer, appoint staff. | |
| 9211 | + | 4531 | |
| 5932 | 9212 | (3) The tourism office shall: | |
| 5933 | - | ||
| 9213 | + | 4532 | |
| 5934 | 9214 | (a) be the tourism development authority of the state; | |
| 5935 | - | ||
| 9215 | + | 4533 | |
| 5936 | 9216 | (b) develop a tourism advertising, marketing, branding, destination development, and | |
| 5937 | - | - 86 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 5938 | - | 2918 | |
| 9217 | + | 4534 | |
| 5939 | 9218 | destination management program for the state; | |
| 5940 | - | ||
| 9219 | + | 4535 | |
| 5941 | 9220 | (c) receive approval from the board under Subsection 63N-7-202(1)(a) before | |
| 5942 | - | ||
| 9221 | + | 4536 | |
| 5943 | 9222 | implementing the program described in Subsection (3)(b); | |
| 5944 | - | ||
| 9223 | + | 4537 | |
| 5945 | 9224 | (d) develop a plan to increase the economic contribution by tourists visiting the state; | |
| 5946 | - | ||
| 9225 | + | 4538 | |
| 5947 | 9226 | (e) plan and conduct a program of information, advertising, and publicity relating to the | |
| 5948 | - | ||
| 9227 | + | 4539 | |
| 5949 | 9228 | recreational, scenic, historic, cultural, and culinary tourist attractions, amenities, and | |
| 5950 | - | ||
| 9229 | + | 4540 | |
| 5951 | 9230 | advantages of the state at large; | |
| 5952 | - | ||
| 9231 | + | 4541 | |
| 5953 | 9232 | (f) encourage and assist in the coordination of the activities of persons, firms, | |
| 5954 | - | ||
| 9233 | + | 4542 | |
| 5955 | 9234 | associations, corporations, travel regions, counties, and governmental agencies | |
| 5956 | - | ||
| 9235 | + | 4543 | |
| 5957 | 9236 | engaged in publicizing, developing, and promoting the tourist attractions, amenities, | |
| 5958 | - | ||
| 9237 | + | 4544 | |
| 5959 | 9238 | and advantages of the state; | |
| 5960 | - | ||
| 9239 | + | 4545 | |
| 5961 | 9240 | (g) conduct a regular and ongoing research program to identify statewide economic | |
| 5962 | - | ||
| 9241 | + | 4546 | |
| 5963 | 9242 | trends and conditions in the tourism sector of the economy; and | |
| 5964 | - | ||
| 9243 | + | 4547 | |
| 5965 | 9244 | (h) ensure that any plan or program developed under this Subsection (3) addresses, but | |
| 5966 | - | ||
| 9245 | + | 4548 | |
| 5967 | 9246 | not be limited to, the following policies: | |
| 5968 | - | ||
| 9247 | + | 4549 | |
| 5969 | 9248 | (i) enhancing the state's image; | |
| 5970 | - | ||
| 9249 | + | 4550 | |
| 5971 | 9250 | (ii) promoting the state as a year-round destination; | |
| 5972 | - | ||
| 9251 | + | 4551 | |
| 5973 | 9252 | (iii) encouraging expenditures by visitors to the state; and | |
| 5974 | - | 2936 | |
| 9253 | + | - 134 - 02-26 10:50 S.B. 337 | |
| 9254 | + | 4552 | |
| 5975 | 9255 | (iv) expanding the markets where the state is promoted. | |
| 5976 | - | ||
| 5977 | - | Section | |
| 5978 | - | ||
| 5979 | - | 63N-7-103 (Effective 07 | |
| 5980 | - | ||
| 5981 | - | The [executive director] | |
| 5982 | - | ||
| 5983 | - | described in Section 63N-1a-306, a report from the | |
| 5984 | - | ||
| 5985 | - | tourism office, including information regarding the | |
| 5986 | - | ||
| 5987 | - | tourism advertising, marketing, branding, destination | |
| 5988 | - | ||
| 5989 | - | management program developed under Section 63N-7-102. | |
| 5990 | - | ||
| 5991 | - | Section | |
| 5992 | - | ||
| 5993 | - | 63N-13-101 (Effective 07 | |
| 5994 | - | ||
| 9256 | + | 4553 | |
| 9257 | + | Section 79. Section 63N-7-103 is amended to read: | |
| 9258 | + | 4554 | |
| 9259 | + | 63N-7-103 (Effective 05/07/25). Annual report. | |
| 9260 | + | 4555 | |
| 9261 | + | The [executive director ] chief executive officer or chief executive officer's designee | |
| 9262 | + | 4556 | |
| 9263 | + | shall include, in the annual written report described in Section 63N-1a-306, a report from the | |
| 9264 | + | 4557 | |
| 9265 | + | managing director on the activities of the tourism office, including information regarding the | |
| 9266 | + | 4558 | |
| 9267 | + | economic efficiency and results of the tourism advertising, marketing, branding, destination | |
| 9268 | + | 4559 | |
| 9269 | + | development, and destination management program developed under Section 63N-7-102. | |
| 9270 | + | 4560 | |
| 9271 | + | Section 80. Section 63N-13-101 is amended to read: | |
| 9272 | + | 4561 | |
| 9273 | + | 63N-13-101 (Effective 05/07/25). Title -- Projects to assist companies to secure | |
| 9274 | + | 4562 | |
| 5995 | 9275 | new business with federal, state, and local governments. | |
| 5996 | - | ||
| 9276 | + | 4563 | |
| 5997 | 9277 | (1) This chapter is known as "Procurement Programs." | |
| 5998 | - | ||
| 9278 | + | 4564 | |
| 5999 | 9279 | (2) The Legislature recognizes that: | |
| 6000 | - | ||
| 9280 | + | 4565 | |
| 6001 | 9281 | (a) many Utah companies provide products and services which are routinely procured by | |
| 6002 | - | ||
| 9282 | + | 4566 | |
| 6003 | 9283 | a myriad of governmental entities at all levels of government, but that attempting to | |
| 6004 | - | ||
| 9284 | + | 4567 | |
| 6005 | 9285 | understand and comply with the numerous certification, registration, proposal, and | |
| 6006 | - | - 87 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 6007 | - | 2952 | |
| 9286 | + | 4568 | |
| 6008 | 9287 | contract requirements associated with government procurement often raises | |
| 6009 | - | ||
| 9288 | + | 4569 | |
| 6010 | 9289 | significant barriers for those companies with no government contracting experience; | |
| 6011 | - | ||
| 9290 | + | 4570 | |
| 6012 | 9291 | (b) the costs associated with obtaining a government contract for products or services | |
| 6013 | - | ||
| 9292 | + | 4571 | |
| 6014 | 9293 | often prevent most small businesses from working in the governmental procurement | |
| 6015 | - | ||
| 9294 | + | 4572 | |
| 6016 | 9295 | market; | |
| 6017 | - | ||
| 9296 | + | 4573 | |
| 6018 | 9297 | (c) currently a majority of federal procurement opportunities are contracted to | |
| 6019 | - | ||
| 9298 | + | 4574 | |
| 6020 | 9299 | businesses located outside of the state; | |
| 6021 | - | ||
| 9300 | + | 4575 | |
| 6022 | 9301 | (d) the office currently administers programs and initiatives that help create and grow | |
| 6023 | - | ||
| 9302 | + | 4576 | |
| 6024 | 9303 | companies in Utah and recruit companies to Utah through the use of state employees, | |
| 6025 | - | ||
| 9304 | + | 4577 | |
| 6026 | 9305 | public-private partnerships, and contractual services; and | |
| 6027 | - | ||
| 9306 | + | 4578 | |
| 6028 | 9307 | (e) there exists a significant opportunity for Utah companies to secure new business with | |
| 6029 | - | ||
| 9308 | + | 4579 | |
| 6030 | 9309 | federal, state, and local governments. | |
| 6031 | - | 2964 | |
| 6032 | - | (3) The office, through [its executive director] the commissioner: | |
| 6033 | - | 2965 | |
| 9310 | + | 4580 | |
| 9311 | + | (3) The office, through [its executive director] the chief executive officer or chief executive | |
| 9312 | + | 4581 | |
| 9313 | + | officer's designee: | |
| 9314 | + | 4582 | |
| 6034 | 9315 | (a) shall manage and direct the administration of state and federal programs and | |
| 6035 | - | ||
| 9316 | + | 4583 | |
| 6036 | 9317 | initiatives whose purpose is to procure federal, state, and local governmental | |
| 6037 | - | ||
| 9318 | + | 4584 | |
| 6038 | 9319 | contracts; | |
| 6039 | - | ||
| 9320 | + | 4585 | |
| 6040 | 9321 | (b) may require program accountability measures; and | |
| 6041 | - | 2969 | |
| 9322 | + | - 135 - S.B. 337 02-26 10:50 | |
| 9323 | + | 4586 | |
| 6042 | 9324 | (c) may receive and distribute legislative appropriations and public and private grants for | |
| 6043 | - | ||
| 9325 | + | 4587 | |
| 6044 | 9326 | projects and programs that: | |
| 6045 | - | ||
| 9327 | + | 4588 | |
| 6046 | 9328 | (i) are focused on growing Utah companies and positively impacting statewide | |
| 6047 | - | ||
| 9329 | + | 4589 | |
| 6048 | 9330 | revenues by helping these companies secure new business with federal, state, and | |
| 6049 | - | ||
| 9331 | + | 4590 | |
| 6050 | 9332 | local governments; | |
| 6051 | - | ||
| 9333 | + | 4591 | |
| 6052 | 9334 | (ii) provide guidance to Utah companies interested in obtaining new business with | |
| 6053 | - | ||
| 9335 | + | 4592 | |
| 6054 | 9336 | federal, state, and local governmental entities; | |
| 6055 | - | ||
| 9337 | + | 4593 | |
| 6056 | 9338 | (iii) would facilitate marketing, business development, and expansion opportunities | |
| 6057 | - | ||
| 9339 | + | 4594 | |
| 6058 | 9340 | for Utah companies in cooperation with the office's APEX accelerator program | |
| 6059 | - | ||
| 9341 | + | 4595 | |
| 6060 | 9342 | and with public, nonprofit, or private sector partners such as local chambers of | |
| 6061 | - | ||
| 9343 | + | 4596 | |
| 6062 | 9344 | commerce, trade associations, or private contractors as determined by the office's | |
| 6063 | - | ||
| 9345 | + | 4597 | |
| 6064 | 9346 | director to successfully match Utah businesses with government procurement | |
| 6065 | - | ||
| 9347 | + | 4598 | |
| 6066 | 9348 | opportunities; and | |
| 6067 | - | ||
| 9349 | + | 4599 | |
| 6068 | 9350 | (iv) may include the following components: | |
| 6069 | - | ||
| 9351 | + | 4600 | |
| 6070 | 9352 | (A) recruitment, individualized consultation, and an introduction to government | |
| 6071 | - | ||
| 9353 | + | 4601 | |
| 6072 | 9354 | contracting; | |
| 6073 | - | ||
| 9355 | + | 4602 | |
| 6074 | 9356 | (B) specialized contractor training for companies located in Utah; | |
| 6075 | - | - 88 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 6076 | - | 2986 | |
| 9357 | + | 4603 | |
| 6077 | 9358 | (C) a Utah contractor matching program for government requirements; | |
| 6078 | - | ||
| 9359 | + | 4604 | |
| 6079 | 9360 | (D) experienced proposal and bid support; and | |
| 6080 | - | ||
| 9361 | + | 4605 | |
| 6081 | 9362 | (E) specialized support services. | |
| 6082 | - | 2989 | |
| 6083 | - | (4)(a) The office, through [its executive director] the commissioner, shall make any | |
| 6084 | - | 2990 | |
| 6085 | - | distribution referred to in Subsection (3) on a semiannual basis. | |
| 6086 | - | 2991 | |
| 9363 | + | 4606 | |
| 9364 | + | (4)(a) The office, through [its executive director] the chief executive officer or chief | |
| 9365 | + | 4607 | |
| 9366 | + | executive officer's designee, shall make any distribution referred to in Subsection (3) | |
| 9367 | + | 4608 | |
| 9368 | + | on a semiannual basis. | |
| 9369 | + | 4609 | |
| 6087 | 9370 | (b) A recipient of money distributed under this section shall provide the office with a set | |
| 6088 | - | ||
| 9371 | + | 4610 | |
| 6089 | 9372 | of standard monthly reports, the content of which shall be determined by the office to | |
| 6090 | - | ||
| 9373 | + | 4611 | |
| 6091 | 9374 | include at least the following information: | |
| 6092 | - | ||
| 9375 | + | 4612 | |
| 6093 | 9376 | (i) consultive meetings with Utah companies; | |
| 6094 | - | ||
| 9377 | + | 4613 | |
| 6095 | 9378 | (ii) seminars or training meetings held; | |
| 6096 | - | ||
| 9379 | + | 4614 | |
| 6097 | 9380 | (iii) government contracts awarded to Utah companies; | |
| 6098 | - | ||
| 9381 | + | 4615 | |
| 6099 | 9382 | (iv) increased revenues generated by Utah companies from new government | |
| 6100 | - | ||
| 9383 | + | 4616 | |
| 6101 | 9384 | contracts; | |
| 6102 | - | ||
| 9385 | + | 4617 | |
| 6103 | 9386 | (v) jobs created; | |
| 6104 | - | ||
| 9387 | + | 4618 | |
| 6105 | 9388 | (vi) salary ranges of new jobs; and | |
| 6106 | - | ||
| 9389 | + | 4619 | |
| 6107 | 9390 | (vii) the value of contracts generated. | |
| 6108 | - | 3002 | |
| 6109 | - | Section 77. Section 63N-16-102 is amended to read: | |
| 6110 | - | 3003 | |
| 6111 | - | 63N-16-102 (Effective 07/01/25). Definitions. | |
| 6112 | - | 3004 | |
| 9391 | + | - 136 - 02-26 10:50 S.B. 337 | |
| 9392 | + | 4620 | |
| 9393 | + | Section 81. Section 63N-16-102 is amended to read: | |
| 9394 | + | 4621 | |
| 9395 | + | 63N-16-102 (Effective 05/07/25). Definitions. | |
| 9396 | + | 4622 | |
| 6113 | 9397 | As used in this chapter: | |
| 6114 | - | ||
| 9398 | + | 4623 | |
| 6115 | 9399 | (1) "Advisory committee" means the General Regulatory Sandbox Program Advisory | |
| 6116 | - | ||
| 9400 | + | 4624 | |
| 6117 | 9401 | Committee created in Section 63N-16-104. | |
| 6118 | - | ||
| 9402 | + | 4625 | |
| 6119 | 9403 | (2) "Applicable agency" means a department or agency of the state that by law regulates a | |
| 6120 | - | ||
| 9404 | + | 4626 | |
| 6121 | 9405 | business activity and persons engaged in such business activity, including the issuance | |
| 6122 | - | ||
| 9406 | + | 4627 | |
| 6123 | 9407 | of licenses or other types of authorization, which the office determines would otherwise | |
| 6124 | - | ||
| 9408 | + | 4628 | |
| 6125 | 9409 | regulate a sandbox participant. | |
| 6126 | - | ||
| 9410 | + | 4629 | |
| 6127 | 9411 | (3) "Applicant" means a person that applies to participate in the regulatory sandbox. | |
| 6128 | - | ||
| 9412 | + | 4630 | |
| 6129 | 9413 | (4) "Blockchain technology" means the use of a digital database containing records of | |
| 6130 | - | ||
| 9414 | + | 4631 | |
| 6131 | 9415 | financial transactions, which can be simultaneously used and shared within a | |
| 6132 | - | ||
| 9416 | + | 4632 | |
| 6133 | 9417 | decentralized, publicly accessible network and can record transactions between two | |
| 6134 | - | ||
| 9418 | + | 4633 | |
| 6135 | 9419 | parties in a verifiable and permanent way. | |
| 6136 | - | ||
| 9420 | + | 4634 | |
| 6137 | 9421 | (5) "Consumer" means a person that purchases or otherwise enters into a transaction or | |
| 6138 | - | ||
| 9422 | + | 4635 | |
| 6139 | 9423 | agreement to receive an offering pursuant to a demonstration by a sandbox participant. | |
| 6140 | - | ||
| 9424 | + | 4636 | |
| 6141 | 9425 | (6) "Demonstrate" or "demonstration" means to temporarily provide an offering in | |
| 6142 | - | ||
| 9426 | + | 4637 | |
| 6143 | 9427 | accordance with the provisions of the regulatory sandbox program described in this | |
| 6144 | - | - 89 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 6145 | - | 3020 | |
| 9428 | + | 4638 | |
| 6146 | 9429 | chapter. | |
| 6147 | - | ||
| 9430 | + | 4639 | |
| 6148 | 9431 | (7) "Director" means the director of the Utah Office of Regulatory Relief created in Section | |
| 6149 | - | ||
| 9432 | + | 4640 | |
| 6150 | 9433 | 63N-16-103. | |
| 6151 | - | ||
| 9434 | + | 4641 | |
| 6152 | 9435 | [(8) "Executive director" means the executive director of the Governor's Office of | |
| 6153 | - | ||
| 9436 | + | 4642 | |
| 6154 | 9437 | Economic Opportunity.] | |
| 6155 | - | ||
| 9438 | + | 4643 | |
| 6156 | 9439 | [(9)] (8) "Financial product or service" means: | |
| 6157 | - | ||
| 9440 | + | 4644 | |
| 6158 | 9441 | (a) a financial product or financial service that requires state licensure or registration; or | |
| 6159 | - | ||
| 9442 | + | 4645 | |
| 6160 | 9443 | (b) a financial product, financial service, or banking business that includes a business | |
| 6161 | - | ||
| 9444 | + | 4646 | |
| 6162 | 9445 | model, delivery mechanism, offering of deposit accounts, or element that may require | |
| 6163 | - | ||
| 9446 | + | 4647 | |
| 6164 | 9447 | a license or other authorization to act as a financial institution, enterprise, or other | |
| 6165 | - | ||
| 9448 | + | 4648 | |
| 6166 | 9449 | entity that is regulated by Title 7, Financial Institutions Act, or other related | |
| 6167 | - | ||
| 9450 | + | 4649 | |
| 6168 | 9451 | provisions. | |
| 6169 | - | ||
| 9452 | + | 4650 | |
| 6170 | 9453 | [(10)] (9) "Health, safety, and financial well-being" includes protecting against physical | |
| 6171 | - | ||
| 9454 | + | 4651 | |
| 6172 | 9455 | injury, property damage, or financial harm. | |
| 6173 | - | ||
| 9456 | + | 4652 | |
| 6174 | 9457 | [(11)] (10) "Innovation" means the use or incorporation of a new or existing idea, a new or | |
| 6175 | - | ||
| 9458 | + | 4653 | |
| 6176 | 9459 | emerging technology, or a new use of existing technology, including blockchain | |
| 6177 | - | 3036 | |
| 9460 | + | - 137 - S.B. 337 02-26 10:50 | |
| 9461 | + | 4654 | |
| 6178 | 9462 | technology, to address a problem, provide a benefit, or otherwise offer a product, | |
| 6179 | - | ||
| 9463 | + | 4655 | |
| 6180 | 9464 | production method, or service. | |
| 6181 | - | ||
| 9465 | + | 4656 | |
| 6182 | 9466 | [(12)] (11) "Insurance product or service" means an insurance product or insurance service | |
| 6183 | - | ||
| 9467 | + | 4657 | |
| 6184 | 9468 | that requires state licensure, registration, or other authorization as regulated by Title | |
| 6185 | - | ||
| 9469 | + | 4658 | |
| 6186 | 9470 | 31A, Insurance Code, including an insurance product or insurance service that includes a | |
| 6187 | - | ||
| 9471 | + | 4659 | |
| 6188 | 9472 | business model, delivery mechanism, or element that requires a license, registration, or | |
| 6189 | - | ||
| 9473 | + | 4660 | |
| 6190 | 9474 | other authorization to do an insurance business, act as an insurance producer or | |
| 6191 | - | ||
| 9475 | + | 4661 | |
| 6192 | 9476 | consultant, or engage in insurance adjusting as regulated by Title 31A, Insurance Code. | |
| 6193 | - | ||
| 9477 | + | 4662 | |
| 6194 | 9478 | [(13)] (12)(a) "Offering" means a product, production method, or service, including a | |
| 6195 | - | ||
| 9479 | + | 4663 | |
| 6196 | 9480 | financial product or service or an insurance product or service, that includes an | |
| 6197 | - | ||
| 9481 | + | 4664 | |
| 6198 | 9482 | innovation. | |
| 6199 | - | ||
| 9483 | + | 4665 | |
| 6200 | 9484 | (b) "Offering" does not include a product, production method, or service that is governed | |
| 6201 | - | ||
| 9485 | + | 4666 | |
| 6202 | 9486 | by Title 61, Chapter 1, Utah Uniform Securities Act. | |
| 6203 | - | ||
| 9487 | + | 4667 | |
| 6204 | 9488 | [(14)] (13) "Product" means a commercially distributed good that is: | |
| 6205 | - | ||
| 9489 | + | 4668 | |
| 6206 | 9490 | (a) tangible personal property; | |
| 6207 | - | ||
| 9491 | + | 4669 | |
| 6208 | 9492 | (b) the result of a production process; and | |
| 6209 | - | ||
| 9493 | + | 4670 | |
| 6210 | 9494 | (c) passed through the distribution channel before consumption. | |
| 6211 | - | ||
| 9495 | + | 4671 | |
| 6212 | 9496 | [(15)] (14) "Production" means the method or process of creating or obtaining a good, which | |
| 6213 | - | - 90 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 6214 | - | 3054 | |
| 9497 | + | 4672 | |
| 6215 | 9498 | may include assembling, breeding, capturing, collecting, extracting, fabricating, | |
| 6216 | - | ||
| 9499 | + | 4673 | |
| 6217 | 9500 | farming, fishing, gathering, growing, harvesting, hunting, manufacturing, mining, | |
| 6218 | - | ||
| 9501 | + | 4674 | |
| 6219 | 9502 | processing, raising, or trapping a good. | |
| 6220 | - | ||
| 9503 | + | 4675 | |
| 6221 | 9504 | [(16)] (15) "Regulatory relief office" means the Utah Office of Regulatory Relief created in | |
| 6222 | - | ||
| 9505 | + | 4676 | |
| 6223 | 9506 | Section 63N-16-103. | |
| 6224 | - | ||
| 9507 | + | 4677 | |
| 6225 | 9508 | [(17)] (16) "Regulatory sandbox" means the General Regulatory Sandbox Program created | |
| 6226 | - | ||
| 9509 | + | 4678 | |
| 6227 | 9510 | in Section 63N-16-201, which allows a person to temporarily demonstrate an offering | |
| 6228 | - | ||
| 9511 | + | 4679 | |
| 6229 | 9512 | under a waiver or suspension of one or more state laws or regulations. | |
| 6230 | - | ||
| 9513 | + | 4680 | |
| 6231 | 9514 | [(18)] (17) "Sandbox participant" means a person whose application to participate in the | |
| 6232 | - | ||
| 9515 | + | 4681 | |
| 6233 | 9516 | regulatory sandbox is approved in accordance with the provisions of this chapter. | |
| 6234 | - | ||
| 9517 | + | 4682 | |
| 6235 | 9518 | [(19)] (18) "Service" means any commercial activity, duty, or labor performed for another | |
| 6236 | - | ||
| 9519 | + | 4683 | |
| 6237 | 9520 | person. | |
| 6238 | - | ||
| 6239 | - | Section | |
| 6240 | - | ||
| 6241 | - | 63N-16-103 (Effective 07 | |
| 6242 | - | ||
| 9521 | + | 4684 | |
| 9522 | + | Section 82. Section 63N-16-103 is amended to read: | |
| 9523 | + | 4685 | |
| 9524 | + | 63N-16-103 (Effective 05/07/25). Creation of regulatory relief office and | |
| 9525 | + | 4686 | |
| 6243 | 9526 | appointment of director -- Responsibilities of regulatory relief office. | |
| 6244 | - | ||
| 9527 | + | 4687 | |
| 6245 | 9528 | (1) There is created within the Governor's Office of Economic Opportunity the Utah Office | |
| 6246 | - | 3070 | |
| 9529 | + | - 138 - 02-26 10:50 S.B. 337 | |
| 9530 | + | 4688 | |
| 6247 | 9531 | of Regulatory Relief. | |
| 6248 | - | ||
| 9532 | + | 4689 | |
| 6249 | 9533 | (2)(a) The regulatory relief office shall be administered by a director. | |
| 6250 | - | ||
| 6251 | - | (b) The director shall report to the [executive director] | |
| 6252 | - | ||
| 6253 | - | director's] | |
| 6254 | - | ||
| 6255 | - | the [executive director] | |
| 6256 | - | ||
| 9534 | + | 4690 | |
| 9535 | + | (b) The director shall report to the [executive director] chief executive officer or the [ | |
| 9536 | + | 4691 | |
| 9537 | + | executive director's] chief executive officer's designee and may appoint staff subject | |
| 9538 | + | 4692 | |
| 9539 | + | to the approval of the [executive director] chief executive officer. | |
| 9540 | + | 4693 | |
| 6257 | 9541 | (3) The regulatory relief office shall: | |
| 6258 | - | ||
| 9542 | + | 4694 | |
| 6259 | 9543 | (a) administer the provisions of this chapter; | |
| 6260 | - | ||
| 9544 | + | 4695 | |
| 6261 | 9545 | (b) administer the regulatory sandbox program; and | |
| 6262 | - | ||
| 9546 | + | 4696 | |
| 6263 | 9547 | (c) act as a liaison between private businesses and applicable agencies to identify state | |
| 6264 | - | ||
| 9548 | + | 4697 | |
| 6265 | 9549 | laws or regulations that could potentially be waived or suspended under the | |
| 6266 | - | ||
| 9550 | + | 4698 | |
| 6267 | 9551 | regulatory sandbox program, or amended. | |
| 6268 | - | ||
| 9552 | + | 4699 | |
| 6269 | 9553 | (4) The regulatory relief office may: | |
| 6270 | - | ||
| 9554 | + | 4700 | |
| 6271 | 9555 | (a) propose potential reciprocity agreements between states that use or are proposing to | |
| 6272 | - | ||
| 9556 | + | 4701 | |
| 6273 | 9557 | use similar programs to the regulatory sandbox; and | |
| 6274 | - | ||
| 9558 | + | 4702 | |
| 6275 | 9559 | (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and | |
| 6276 | - | ||
| 9560 | + | 4703 | |
| 6277 | 9561 | the provisions of this chapter, make rules regarding: | |
| 6278 | - | ||
| 9562 | + | 4704 | |
| 6279 | 9563 | (i) administering the regulatory sandbox, including making rules regarding the | |
| 6280 | - | ||
| 9564 | + | 4705 | |
| 6281 | 9565 | application process and the reporting requirements of sandbox participants; and | |
| 6282 | - | - 91 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 6283 | - | 3088 | |
| 9566 | + | 4706 | |
| 6284 | 9567 | (ii) cooperating and consulting with other agencies in the state that administer | |
| 6285 | - | ||
| 9568 | + | 4707 | |
| 6286 | 9569 | sandbox programs. | |
| 6287 | - | ||
| 6288 | - | Section | |
| 6289 | - | ||
| 6290 | - | 63N-17-201 (Effective 07 | |
| 6291 | - | ||
| 9570 | + | 4708 | |
| 9571 | + | Section 83. Section 63N-17-201 is amended to read: | |
| 9572 | + | 4709 | |
| 9573 | + | 63N-17-201 (Effective 05/07/25). Utah Broadband Center -- Creation -- Director | |
| 9574 | + | 4710 | |
| 6292 | 9575 | -- Duties. | |
| 6293 | - | ||
| 9576 | + | 4711 | |
| 6294 | 9577 | (1) There is created within the office the Utah Broadband Center. | |
| 6295 | - | ||
| 6296 | - | (2) The [executive director] | |
| 6297 | - | ||
| 6298 | - | oversee the operations of the broadband center. | |
| 6299 | - | ||
| 9578 | + | 4712 | |
| 9579 | + | (2) The [executive director] chief executive officer shall appoint a director of the broadband | |
| 9580 | + | 4713 | |
| 9581 | + | center to oversee the operations of the broadband center. | |
| 9582 | + | 4714 | |
| 6300 | 9583 | (3) The broadband center shall: | |
| 6301 | - | ||
| 9584 | + | 4715 | |
| 6302 | 9585 | (a) ensure that publicly funded broadband projects continue to be publicly accessible and | |
| 6303 | - | ||
| 9586 | + | 4716 | |
| 6304 | 9587 | provide a public benefit; | |
| 6305 | - | ||
| 9588 | + | 4717 | |
| 6306 | 9589 | (b) develop the statewide digital connectivity plan described in Section 63N-17-203; | |
| 6307 | - | ||
| 9590 | + | 4718 | |
| 6308 | 9591 | (c) carry out the duties described in Section 63N-17-202; | |
| 6309 | - | ||
| 9592 | + | 4719 | |
| 6310 | 9593 | (d) administer the Broadband Access Grant Program in accordance with Part 3, | |
| 6311 | - | ||
| 9594 | + | 4720 | |
| 6312 | 9595 | Broadband Access Grant Program; and | |
| 6313 | - | ||
| 9596 | + | 4721 | |
| 6314 | 9597 | (e) administer the Broadband Equity Access and Deployment Grant Program in | |
| 6315 | - | 3104 | |
| 9598 | + | - 139 - S.B. 337 02-26 10:50 | |
| 9599 | + | 4722 | |
| 6316 | 9600 | accordance with Part 4, Broadband Equity Access and Deployment Program. | |
| 6317 | - | ||
| 9601 | + | 4723 | |
| 6318 | 9602 | (f) The broadband center shall ensure efficiency with respect to: | |
| 6319 | - | ||
| 9603 | + | 4724 | |
| 6320 | 9604 | (i) expenditure of funds; and | |
| 6321 | - | ||
| 9605 | + | 4725 | |
| 6322 | 9606 | (ii) avoiding duplication of efforts. | |
| 6323 | - | ||
| 9607 | + | 4726 | |
| 6324 | 9608 | (g) The broadband center shall consider administering broadband infrastructure funds in | |
| 6325 | - | ||
| 9609 | + | 4727 | |
| 6326 | 9610 | a manner that: | |
| 6327 | - | ||
| 9611 | + | 4728 | |
| 6328 | 9612 | (i) efficiently maximizes the leverage of federal funding; | |
| 6329 | - | ||
| 9613 | + | 4729 | |
| 6330 | 9614 | (ii) avoids the use of public funds for broadband facilities that duplicate existing | |
| 6331 | - | ||
| 9615 | + | 4730 | |
| 6332 | 9616 | broadband facilities that already meet or exceed federal standards; and | |
| 6333 | - | ||
| 9617 | + | 4731 | |
| 6334 | 9618 | (iii) accounts for the benefits and costs to the state of existing facilities, equipment, | |
| 6335 | - | ||
| 9619 | + | 4732 | |
| 6336 | 9620 | and services of public and private broadband providers. | |
| 6337 | - | ||
| 6338 | - | Section | |
| 6339 | - | ||
| 9621 | + | 4733 | |
| 9622 | + | Section 84. Section 63N-22-101 is enacted to read: | |
| 9623 | + | 4734 | |
| 6340 | 9624 | ||
| 6341 | - | CHAPTER 22. OFFICE OF HOUSING | |
| 6342 | - | 3117 | |
| 6343 | - | 63N-22-101 (Effective 07/01/26). Office of Housing. | |
| 6344 | - | 3118 | |
| 6345 | - | (1) There is created the Office of Housing. | |
| 6346 | - | 3119 | |
| 6347 | - | (2) The commissioner may hire a director of the Office of Housing and Community | |
| 6348 | - | 3120 | |
| 9625 | + | CHAPTER 22. OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT | |
| 9626 | + | 4735 | |
| 9627 | + | 63N-22-101 (Effective 07/01/26). Office of Housing and Community | |
| 9628 | + | 4736 | |
| 6349 | 9629 | Development. | |
| 6350 | - | 3121 | |
| 6351 | - | Section 81. Section 67-1-2 is amended to read: | |
| 6352 | - | - 92 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 6353 | - | 3122 | |
| 6354 | - | 67-1-2 (Effective 07/01/25). Senate confirmation of gubernatorial nominees -- | |
| 6355 | - | 3123 | |
| 9630 | + | 4737 | |
| 9631 | + | (1) There is created the Office of Housing and Community Development. | |
| 9632 | + | 4738 | |
| 9633 | + | (2) The chief executive officer may hire a director of the Office of Housing and Community | |
| 9634 | + | 4739 | |
| 9635 | + | Development. | |
| 9636 | + | 4740 | |
| 9637 | + | Section 85. Section 67-1-2 is amended to read: | |
| 9638 | + | 4741 | |
| 9639 | + | 67-1-2 (Effective 05/07/25). Senate confirmation of gubernatorial nominees -- | |
| 9640 | + | 4742 | |
| 6356 | 9641 | Verification of nomination requirements -- Consultation on appointments -- Notification | |
| 6357 | - | ||
| 9642 | + | 4743 | |
| 6358 | 9643 | of anticipated vacancies. | |
| 6359 | - | ||
| 9644 | + | 4744 | |
| 6360 | 9645 | (1)(a) Except as provided in Subsection (3), at least 30 days before the day of an | |
| 6361 | - | ||
| 9646 | + | 4745 | |
| 6362 | 9647 | extraordinary session of the Senate to confirm a gubernatorial nominee, the governor | |
| 6363 | - | ||
| 9648 | + | 4746 | |
| 6364 | 9649 | shall send to each member of the Senate and to the Office of Legislative Research | |
| 6365 | - | ||
| 9650 | + | 4747 | |
| 6366 | 9651 | and General Counsel the following information for each nominee: | |
| 6367 | - | ||
| 9652 | + | 4748 | |
| 6368 | 9653 | (i) the nominee's name and biographical information, including a resume and | |
| 6369 | - | ||
| 9654 | + | 4749 | |
| 6370 | 9655 | curriculum vitae with personal contact information, including home address, email | |
| 6371 | - | ||
| 9656 | + | 4750 | |
| 6372 | 9657 | address, and telephone number, redacted, except that the governor shall send to | |
| 6373 | - | ||
| 9658 | + | 4751 | |
| 6374 | 9659 | the Office of Legislative Research and General Counsel the contact information | |
| 6375 | - | ||
| 9660 | + | 4752 | |
| 6376 | 9661 | for the nominee; | |
| 6377 | - | ||
| 9662 | + | 4753 | |
| 6378 | 9663 | (ii) a detailed list, with citations, of the legal requirements for the appointed position; | |
| 6379 | - | ||
| 9664 | + | 4754 | |
| 6380 | 9665 | (iii) a detailed list with supporting documents explaining how, and verifying that, the | |
| 6381 | - | ||
| 9666 | + | 4755 | |
| 6382 | 9667 | nominee meets each statutory and constitutional requirement for the appointed | |
| 6383 | - | 3137 | |
| 9668 | + | - 140 - 02-26 10:50 S.B. 337 | |
| 9669 | + | 4756 | |
| 6384 | 9670 | position; | |
| 6385 | - | ||
| 9671 | + | 4757 | |
| 6386 | 9672 | (iv) a written certification by the governor that the nominee satisfies all requirements | |
| 6387 | - | ||
| 9673 | + | 4758 | |
| 6388 | 9674 | for the appointment; and | |
| 6389 | - | ||
| 9675 | + | 4759 | |
| 6390 | 9676 | (v) public comment information collected in accordance with Section 63G-24-204. | |
| 6391 | - | ||
| 9677 | + | 4760 | |
| 6392 | 9678 | (b) This Subsection (1) does not apply to a judicial appointee. | |
| 6393 | - | ||
| 9679 | + | 4761 | |
| 6394 | 9680 | (2)(a) A majority of the president of the Senate, the Senate majority leader, and the | |
| 6395 | - | ||
| 9681 | + | 4762 | |
| 6396 | 9682 | Senate minority leader may waive the 30-day requirement described in Subsection (1) | |
| 6397 | - | ||
| 9683 | + | 4763 | |
| 6398 | 9684 | for a gubernatorial nominee other than a nominee for the following: | |
| 6399 | - | ||
| 9685 | + | 4764 | |
| 6400 | 9686 | (i) the executive director of a department; | |
| 6401 | - | ||
| 6402 | - | (ii) the [executive director] | |
| 6403 | - | ||
| 6404 | - | Opportunity; | |
| 6405 | - | ||
| 9687 | + | 4765 | |
| 9688 | + | (ii) the [executive director] chief executive officer of the Governor's Office of | |
| 9689 | + | 4766 | |
| 9690 | + | Economic Opportunity; | |
| 9691 | + | 4767 | |
| 6406 | 9692 | (iii) the executive director of the Labor Commission; | |
| 6407 | - | ||
| 9693 | + | 4768 | |
| 6408 | 9694 | (iv) a member of the State Tax Commission; | |
| 6409 | - | ||
| 9695 | + | 4769 | |
| 6410 | 9696 | (v) a member of the State Board of Education; | |
| 6411 | - | ||
| 9697 | + | 4770 | |
| 6412 | 9698 | (vi) a member of the Utah Board of Higher Education; or | |
| 6413 | - | ||
| 9699 | + | 4771 | |
| 6414 | 9700 | (vii) an individual: | |
| 6415 | - | ||
| 9701 | + | 4772 | |
| 6416 | 9702 | (A) whose appointment requires the advice and consent of the Senate; and | |
| 6417 | - | ||
| 9703 | + | 4773 | |
| 6418 | 9704 | (B) whom the governor designates as a member of the governor's cabinet. | |
| 6419 | - | ||
| 9705 | + | 4774 | |
| 6420 | 9706 | (b) The Senate shall hold a confirmation hearing for a nominee for an individual | |
| 6421 | - | - 93 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 6422 | - | 3156 | |
| 9707 | + | 4775 | |
| 6423 | 9708 | described in Subsection (2)(a). | |
| 6424 | - | ||
| 9709 | + | 4776 | |
| 6425 | 9710 | (3) The governor shall: | |
| 6426 | - | ||
| 9711 | + | 4777 | |
| 6427 | 9712 | (a) if the governor is aware of an upcoming vacancy in a position that requires Senate | |
| 6428 | - | ||
| 9713 | + | 4778 | |
| 6429 | 9714 | confirmation, provide notice of the upcoming vacancy to the president of the Senate, | |
| 6430 | - | ||
| 9715 | + | 4779 | |
| 6431 | 9716 | the Senate minority leader, and the Office of Legislative Research and General | |
| 6432 | - | ||
| 9717 | + | 4780 | |
| 6433 | 9718 | Counsel at least 30 days before the day on which the vacancy occurs; and | |
| 6434 | - | ||
| 9719 | + | 4781 | |
| 6435 | 9720 | (b) establish a process for government entities and other relevant organizations to | |
| 6436 | - | ||
| 9721 | + | 4782 | |
| 6437 | 9722 | provide input on gubernatorial appointments. | |
| 6438 | - | ||
| 9723 | + | 4783 | |
| 6439 | 9724 | (4) When the governor makes a judicial appointment, the governor shall immediately | |
| 6440 | - | ||
| 9725 | + | 4784 | |
| 6441 | 9726 | provide to the president of the Senate and the Office of Legislative Research and | |
| 6442 | - | ||
| 9727 | + | 4785 | |
| 6443 | 9728 | General Counsel: | |
| 6444 | - | ||
| 9729 | + | 4786 | |
| 6445 | 9730 | (a) the name of the judicial appointee; and | |
| 6446 | - | ||
| 9731 | + | 4787 | |
| 6447 | 9732 | (b) the judicial appointee's: | |
| 6448 | - | ||
| 9733 | + | 4788 | |
| 6449 | 9734 | (i) resume; | |
| 6450 | - | ||
| 9735 | + | 4789 | |
| 6451 | 9736 | (ii) complete file of all the application materials the governor received from the | |
| 6452 | - | 3171 | |
| 9737 | + | - 141 - S.B. 337 02-26 10:50 | |
| 9738 | + | 4790 | |
| 6453 | 9739 | judicial nominating commission; and | |
| 6454 | - | ||
| 9740 | + | 4791 | |
| 6455 | 9741 | (iii) any other related documents, including any letters received by the governor | |
| 6456 | - | ||
| 9742 | + | 4792 | |
| 6457 | 9743 | about the appointee, unless the letter specifically directs that the letter may not be | |
| 6458 | - | ||
| 9744 | + | 4793 | |
| 6459 | 9745 | shared. | |
| 6460 | - | ||
| 9746 | + | 4794 | |
| 6461 | 9747 | (5) The governor shall inform the president of the Senate and the Office of Legislative | |
| 6462 | - | ||
| 9748 | + | 4795 | |
| 6463 | 9749 | Research and General Counsel of the number of letters withheld pursuant to Subsection | |
| 6464 | - | ||
| 9750 | + | 4796 | |
| 6465 | 9751 | (4)(b)(iii). | |
| 6466 | - | ||
| 9752 | + | 4797 | |
| 6467 | 9753 | (6)(a) Letters of inquiry submitted by any judge at the request of any judicial nominating | |
| 6468 | - | ||
| 9754 | + | 4798 | |
| 6469 | 9755 | commission are classified as private in accordance with Section 63G-2-302. | |
| 6470 | - | ||
| 9756 | + | 4799 | |
| 6471 | 9757 | (b) All other records received from the governor pursuant to this Subsection (6) may be | |
| 6472 | - | ||
| 9758 | + | 4800 | |
| 6473 | 9759 | classified as private in accordance with Section 63G-2-302. | |
| 6474 | - | ||
| 9760 | + | 4801 | |
| 6475 | 9761 | (7) The Senate shall consent or refuse to give the Senate's consent to a nomination or | |
| 6476 | - | ||
| 9762 | + | 4802 | |
| 6477 | 9763 | judicial appointment. | |
| 6478 | - | ||
| 6479 | - | Section | |
| 6480 | - | ||
| 9764 | + | 4803 | |
| 9765 | + | Section 86. Repealer. | |
| 9766 | + | 4804 | |
| 6481 | 9767 | This bill repeals: | |
| 6482 | - | ||
| 9768 | + | 4805 | |
| 6483 | 9769 | Section 63N-1a-201, Creation of commission. | |
| 6484 | - | ||
| 9770 | + | 4806 | |
| 6485 | 9771 | Section 63N-1a-202, Commission duties. | |
| 6486 | - | ||
| 9772 | + | 4807 | |
| 6487 | 9773 | Section 63N-1a-304, Executive director and the Public Service Commission. | |
| 6488 | - | ||
| 9774 | + | 4808 | |
| 6489 | 9775 | Section 63N-1a-401, Creation of Board of Economic Opportunity. | |
| 6490 | - | - 94 - 03-02 12:44 1st Sub. (Green) S.B. 337 | |
| 6491 | - | 3190 | |
| 9776 | + | 4809 | |
| 6492 | 9777 | Section 63N-1a-402, Board of Economic Opportunity duties and powers. | |
| 6493 | - | ||
| 9778 | + | 4810 | |
| 6494 | 9779 | Section 63N-1b-102, Subcommittees generally. | |
| 6495 | - | 3192 | |
| 6496 | - | Section 83. Effective Date. | |
| 6497 | - | 3193 | |
| 6498 | - | (1) Except as provided in Subsections (2)-(4), this bill takes effect July 1, 2025. | |
| 6499 | - | 3194 | |
| 6500 | - | (2) The actions affecting the following sections take effect on May 7, 2025: | |
| 6501 | - | 3195 | |
| 6502 | - | (a) Section 63H-8-302 (Effective 05/07/25); | |
| 6503 | - | 3196 | |
| 6504 | - | (b) Section 63N-1a-501 (Effective 05/07/25); | |
| 6505 | - | 3197 | |
| 6506 | - | (c) Section 63N-1a-301 (Effective 05/07/25); | |
| 6507 | - | 3198 | |
| 6508 | - | (d) Section 63N-1a-201; | |
| 6509 | - | 3199 | |
| 6510 | - | (e) Section 63N-2-808 (Effective 05/07/25); | |
| 6511 | - | 3200 | |
| 6512 | - | (f) Section 63N-2-103 (Effective 05/07/25); | |
| 6513 | - | 3201 | |
| 6514 | - | (g) Section 63N-1a-306 (Effective 05/07/25); | |
| 6515 | - | 3202 | |
| 6516 | - | (h) Section 63N-1a-303 (Effective 05/07/25); | |
| 6517 | - | 3203 | |
| 6518 | - | (i) Section 63N-2-104.2 (Effective 05/07/25); | |
| 6519 | - | 3204 | |
| 6520 | - | (j) Section 63N-1a-304; | |
| 6521 | - | 3205 | |
| 6522 | - | (k) Section 63N-1b-102; | |
| 6523 | - | 3206 | |
| 6524 | - | (l) Section 63I-1-263 (Effective 05/07/25); | |
| 6525 | - | 3207 | |
| 6526 | - | (m) Section 11-59-302 (Effective 05/07/25); | |
| 6527 | - | 3208 | |
| 6528 | - | (n) Section 63N-2-104.3 (Effective 05/07/25); | |
| 6529 | - | 3209 | |
| 6530 | - | (o) Section 63N-1a-401; | |
| 6531 | - | 3210 | |
| 6532 | - | (p) Section 63N-1a-303.2 (Effective 05/07/25); | |
| 6533 | - | 3211 | |
| 6534 | - | (q) Section 63N-1a-502 (Effective 05/07/25); | |
| 6535 | - | 3212 | |
| 6536 | - | (r) Section 63N-1a-302 (Effective 05/07/25); | |
| 6537 | - | 3213 | |
| 6538 | - | (s) Section 35A-8-202 (Effective 05/07/25); | |
| 6539 | - | 3214 | |
| 6540 | - | (t) Section 63N-1a-402; | |
| 6541 | - | 3215 | |
| 6542 | - | (u) Section 63N-2-504 (Effective 05/07/25); | |
| 6543 | - | 3216 | |
| 6544 | - | (v) Section 63N-1a-102 (Effective 05/07/25); | |
| 6545 | - | 3217 | |
| 6546 | - | (w) Section 63N-1a-202; and | |
| 6547 | - | 3218 | |
| 6548 | - | (x) Section 63N-3-1102 (Effective 05/07/25). | |
| 6549 | - | 3219 | |
| 6550 | - | (3) The actions affecting the following sections take effect on January 1, 2026: | |
| 6551 | - | 3220 | |
| 6552 | - | (a) Section 59-12-401 (Effective 01/01/26); | |
| 6553 | - | 3221 | |
| 6554 | - | (b) Section 59-12-354 (Effective 01/01/26); | |
| 6555 | - | 3222 | |
| 6556 | - | (c) Section 59-12-402 (Effective 01/01/26); and | |
| 6557 | - | 3223 | |
| 6558 | - | (d) Section 59-12-352 (Effective 01/01/26). | |
| 6559 | - | - 95 - 1st Sub. (Green) S.B. 337 03-02 12:44 | |
| 6560 | - | 3224 | |
| 6561 | - | (4) The actions affecting Section 63N-22-101 (Effective 07/01/26) take effect on July 1, | |
| 6562 | - | 3225 | |
| 6563 | - | 2026. | |
| 6564 | - | - 96 - | |
| 9780 | + | 4811 | |
| 9781 | + | Section 87. Effective Date. | |
| 9782 | + | 4812 | |
| 9783 | + | (1) Except as provided in Subsections (2) and (3), this bill takes effect May 7, 2025. | |
| 9784 | + | 4813 | |
| 9785 | + | (2) The actions affecting the following sections take effect on January 1, 2026: | |
| 9786 | + | 4814 | |
| 9787 | + | (a) Section 59-12-103Effective 01/01/26; | |
| 9788 | + | 4815 | |
| 9789 | + | (b) Section 59-12-104Effective 01/01/26; | |
| 9790 | + | 4816 | |
| 9791 | + | (c) Section 59-12-205Effective 01/01/26; | |
| 9792 | + | 4817 | |
| 9793 | + | (d) Section 59-12-352Effective 01/01/26; | |
| 9794 | + | 4818 | |
| 9795 | + | (e) Section 59-12-354Effective 01/01/26; | |
| 9796 | + | 4819 | |
| 9797 | + | (f) Section 59-12-401Effective 01/01/26; and | |
| 9798 | + | 4820 | |
| 9799 | + | (g) Section 59-12-402Effective 01/01/26. | |
| 9800 | + | 4821 | |
| 9801 | + | (3) The actions affecting Section 63N-22-101 Effective 07/01/26 take effect on July 1, 2026. | |
| 9802 | + | - 142 - |