Enrolled Copy H.B. 348 ECONOMIC DEVELOPMENT

H.B. 348198Utah 2015, Chapter 283)19920063N-1a-102, (Renumbered from 63N-1-102, as last amended by Laws of Utah 2019,Chapter 465)20120263N-1a-301, (Renumbered from 63N-1-201, as last amended by Laws of Utah 2019,Chapter 246)20320463N-1a-302, (Renumbered from 63N-1-202, as last amended by Laws of Utah 2020,Chapter 352)20520663N-1a-303, (Renumbered from 63N-1-203, as last amended by Laws of Utah 2018,Chapter 423)20720863N-1a-304, (Renumbered from 63N-1-204, as renumbered and amended by Laws ofUtah 2015, Chapter 283)20921063N-1a-305, (Renumbered from 63N-1-205, as enacted by Laws of Utah 2020, Chapter154)21121263N-1a-306, (Renumbered from 63N-1-301, as last amended by Laws of Utah 2020,Chapter 365)21321463N-1b-201, (Renumbered from 63N-1-401, as last amended by Laws of Utah 2020,Chapters 352 and 373)21521663N-1b-202, (Renumbered from 63N-1-402, as renumbered and amended by Laws ofUtah 2015, Chapter 283)21721863N-1b-301, (Renumbered from 63N-12-503, as last amended by Laws of Utah 2020,Chapter 365)21922063N-1b-302, (Renumbered from 63N-12-502, as enacted by Laws of Utah 2018,Chapter 423)221222Enrolled Copy63N-1b-303, (Renumbered from 63N-12-504, as last amended by Laws of Utah 2019,Chapter 427)22363N-1b-304, (Renumbered from 63N-12-505, as last amended by Laws of Utah 2020,224Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter225365)-8-

Enrolled Copy226227H.B. 34863N-1b-305, (Renumbered from 63N-12-506, as last amended by Laws of Utah 2020,Sixth Special Session, Chapter 19)22863N-1b-306, (Renumbered from 63N-12-507, as last amended by Laws of Utah 2020,229Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter230365)23123263N-1b-307, (Renumbered from 63N-12-508, as last amended by Laws of Utah 2020,Sixth Special Session, Chapter 19)23363N-16-202, (Renumbered from 63N-3-501, as enacted by Laws of Utah 2018, Chapter234182)235REPEALS:23663C-10-101, as enacted by Laws of Utah 2004, Chapter 7323763C-10-102, as last amended by Laws of Utah 2014, Chapter 25923863C-10-103, as last amended by Laws of Utah 2020, Chapter 36023963N-1-501, as last amended by Laws of Utah 2020, Chapters 352, 354, and 36024063N-1-502, as renumbered and amended by Laws of Utah 2015, Chapter 28324163N-3-108, as renumbered and amended by Laws of Utah 2015, Chapter 28324263N-3-109.5, as enacted by Laws of Utah 2016, Chapter 3424363N-3-201, as renumbered and amended by Laws of Utah 2015, Chapter 28324463N-3-202, as renumbered and amended by Laws of Utah 2015, Chapter 28324563N-3-203, as renumbered and amended by Laws of Utah 2015, Chapter 28324663N-3-205, as renumbered and amended by Laws of Utah 2015, Chapter 28324763N-3-301, as renumbered and amended by Laws of Utah 2015, Chapter 28324863N-3-302, as renumbered and amended by Laws of Utah 2015, Chapter 28324963N-3-303, as renumbered and amended by Laws of Utah 2015, Chapter 28325063N-3-304, as last amended by Laws of Utah 2016, Chapter 25325163N-3-305, as last amended by Laws of Utah 2016, Chapter 25325263N-3-306, as last amended by Laws of Utah 2016, Chapter 25325363N-3-307, as last amended by Laws of Utah 2016, Chapter 253-9-

H.B. 348254255256Enrolled Copy63N-12-501, as last amended by Laws of Utah 2020, Chapter 164Utah Code Sections Affected by Coordination Clause:63N-2-104, as last amended by Laws of Utah 2018, Chapter 281257258Be it enacted by the Legislature of the state of Utah:259Section 1. Section 9-6-903 is amended to read:2609-6-903. Duties of the division.261(1) As soon as is practicable but on or before July 31, 2020, the division shall:262(a) establish an application process by which a qualified organization may apply for a263264grant under this part, which application shall include:(i) a declaration, signed under penalty of perjury, that the application is complete, true,265and correct and any estimates about the net costs to provide the cultural, artistic, botanical,266recreational, or zoological activity are made in good faith;267(ii) an acknowledgment that the qualified organization is subject to audit; and268(iii) a plan for providing the activity described in Subsection 9-6-902(2)(a);269(b) establish a method for the office, in consultation with the Governor's Office of270Economic [Development] Opportunity for recreational applicants, to determine which271applicants are eligible to receive a grant;272(c) establish a formula to award grant funds; and273(d) report the information described in Subsections (1)(a) through (c) to the director of274the Division of Finance.275(2) The division shall:276(a) participate in the presentation that the director of the Division of Finance provides277278279to the legislative committee under Section 63A-3-111; and(b) consider any recommendations for adjustments to the grant program from thelegislative committee.280(3) Subject to appropriation, beginning on August 5, 2020, the division shall:281(a) collect applications for grant funds from qualified organizations;- 10 -

Enrolled CopyH.B. 348282(b) determine, in consultation with the Governor's Office of Economic [Development]283Opportunity for recreational applicants, which applicants meet the eligibility requirements for284receiving a grant; and285(c) award the grant funds:286(i) (A) after an initial application period that ends on or before August 31, 2020; and287(B) if funds remain after the initial application period, on a rolling basis until the288289290291earlier of funds being exhausted or December 30, 2020; and(ii) in accordance with the process established under Subsection (1) and the limitdescribed in Subsection 9-6-902(3).(4) The division shall encourage any qualified organization that receives grant funds to292commit to following best practices to protect the health and safety of the qualified293organization's employees and customers.294295(5) (a) The division may audit a qualified organization's reported net cost to provide acultural, artistic, botanical, recreational, or zoological activity.296(b) The division may recapture grant funds if, after audit, the division determines that:297(i) if a qualified organization made representations about the qualified organization's298actual net cost to provide the cultural, artistic, botanical, recreational, or zoological activity, the299representations are not complete, true, and correct; or300(ii) if a qualified organization made representations about the qualified organization's301estimated net cost to provide the cultural, artistic, botanical, recreational, or zoological activity,302the representations are not made in good faith.303(c) (i) A qualified organization that is subject to recapture shall pay to the Division of304Finance a penalty equal to the amount of the grant recaptured multiplied by the applicable305income tax rate in Section 59-7-104 or 59-10-104.306(ii) The Division of Finance shall deposit the penalty into the Education Fund.307(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the308division may make rules to administer the grant program.309Section 2. Section 9-9-104.6 is amended to read:- 11 -

H.B. 348310311312Enrolled Copy9-9-104.6. Participation of state agencies in meetings with tribal leaders -Contact information.(1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the313division shall coordinate with representatives of tribal governments and the entities listed in314Subsection (2) to provide for the broadest participation possible in the joint meetings.315(2) The following may participate in all meetings described in Subsection (1):316(a) the chairs of the Native American Legislative Liaison Committee created in Section31736-22-1;318(b) the governor or the governor's designee;319(c) the American Indian-Alaska Native Health Liaison appointed in accordance with320321322Section 26-7-2.5;(d) the American Indian-Alaska Native Public Education Liaison appointed inaccordance with Section 53F-5-604; and323(e) a representative appointed by the chief administrative officer of the following:324(i) the Department of Human Services;325(ii) the Department of Natural Resources;326(iii) the Department of Workforce Services;327(iv) the Governor's Office of Economic [Development] Opportunity;328(v) the State Board of Education; and329(vi) the Utah Board of Higher Education.330(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:331(i) designate the name of a contact person for that agency that can assist in coordinating332the efforts of state and tribal governments in meeting the needs of the Native Americans333residing in the state; and334(ii) notify the division:335(A) who is the designated contact person described in Subsection (3)(a)(i); and336(B) of any change in who is the designated contact person described in Subsection337(3)(a)(i).- 12 -

Enrolled CopyH.B. 348338(b) This Subsection (3) applies to:339(i) the Department of Agriculture and Food;340(ii) the Department of Heritage and Arts;341(iii) the Department of Corrections;342(iv) the Department of Environmental Quality;343(v) the Department of Public Safety;344(vi) the Department of Transportation;345(vii) the Office of the Attorney General;346(viii) the State Tax Commission; and347(ix) any agency described in Subsections (2)(c) through (e).348(c) At the request of the division, a contact person listed in Subsection (3)(b) may349350participate in a meeting described in Subsection (1).(4) (a) A participant under this section who is not a legislator may not receive351compensation or benefits for the participant's service, but may receive per diem and travel352expenses as allowed in:353(i) Section 63A-3-106;354(ii) Section 63A-3-107; and355(iii) rules made by the Division of Finance according to Sections 63A-3-106 and35635735863A-3-107.(b) Compensation and expenses of a participant who is a legislator are governed bySection 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.359Section 3. Section 9-22-102 is amended to read:3609-22-102. Definitions.361As used in this chapter:362(1) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in363364365computer science, information technology, or computer engineering courses and career options.(2) "Director" means the director appointed by the STEM board to oversee theadministration of the STEM Action Center.- 13 -

H.B. 348Enrolled Copy366(3) "Educator" means the same as that term is defined in Section 53E-6-102.367(4) "Foundation" means a foundation established as described in Subsections3689-22-104(3) and (4).369370(5) "Fund" means the STEM Action Center Foundation Fund created in Section9-22-105.371372(6) "Grant program" means the Computing Partnerships Grants program created in thispart.373374(7) "High quality professional development" means professional development thatmeets high quality standards developed by the State Board of Education.375(8) "Institution of higher education" means an institution listed in Section 53B-1-102.376(9) "K-16" means kindergarten through grade 12 and post-secondary education377programs.378(10) "Provider" means a provider selected on behalf of the STEM board by the staff of379the STEM board and the staff of the State Board of Education:380(a) through a request for proposals process; or381(b) through a direct award or sole source procurement process for a pilot described in382Section 9-22-107.383(11) "Review committee" means the committee established under Section 9-22-114.384(12) "Stacked credentials" means credentials that:385(a) an individual can build upon to access an advanced job or higher wage;386(b) are part of a career pathway system;387(c) provide a pathway culminating in the equivalent of an associate's or bachelor's388degree;389(d) facilitate multiple exit and entry points; and390(e) recognize sub-goals or momentum points.391(13) "STEM" means science, technology, engineering, and mathematics.392(14) "STEM Action Center" means the center described in Section 9-22-106.393(15) "STEM board" means the STEM Action Center Board created in Section- 14 -

Enrolled Copy394395396H.B. 3489-22-103.(16) "Talent Ready [Utah] Program" means the Talent Ready Utah [Center] Programcreated in Section [63N-12-502] 63N-1b-302.397Section 4. Section 11-17-18 is amended to read:39811-17-18. Powers of Governor's Office of Economic Opportunity.399For purposes of this chapter and for the purposes of the Utah Interlocal Cooperation400Act, the Governor's Office of Economic [Development] Opportunity has all the powers set out401in this chapter of, and is subject to the same limitations as, a municipality as though the office402were defined as a municipality for purposes of this chapter, but it shall have such powers with403respect to economic development or new venture investment fund projects only. It is not404authorized to exercise such powers in any manner which will create general obligations of the405state or any agency, department, division, or political subdivision thereof.406Section 5. Section 11-58-901 is amended to read:40711-58-901. Dissolution of port authority -- Restrictions -- Notice of dissolution --408Disposition of port authority property -- Port authority records -- Dissolution expenses.409(1) The authority may not be dissolved unless the authority has no outstanding bonded410indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual411obligations with persons or entities other than the state.412(2) Upon the dissolution of the authority:413(a) the Governor's Office of Economic [Development] Opportunity shall publish a414415416notice of dissolution:(i) in a newspaper of general circulation in the county in which the dissolved authorityis located; and417(ii) as required in Section 45-1-101; and418(b) all title to property owned by the authority vests in the state.419(3) The books, documents, records, papers, and seal of each dissolved authority shall420421be deposited for safekeeping and reference with the state auditor.(4) The authority shall pay all expenses of the deactivation and dissolution.- 15 -

H.B. 348Enrolled Copy422Section 6. Section 11-59-302 is amended to read:42311-59-302. Number of board members -- Appointment -- Vacancies -- Chairs.424(1) The board shall consist of 11 members as provided in Subsection (2).425(2) (a) The president of the Senate shall appoint two members of the Senate to serve as426members of the board.427428(b) The speaker of the House of Representatives shall appoint two members of theHouse of Representatives to serve as members of the board.429(c) The governor shall appoint four individuals to serve as members of the board:430(i) one of whom shall be a member of the board of or employed by the Governor's431Office of Economic [Development] Opportunity, created in Section [63N-1-201] 63N-1a-301;432and433434(ii) one of whom shall be an employee of the Division of Facilities Construction andManagement, created in Section 63A-5b-301.435436(d) The Salt Lake County mayor shall appoint one board member, who shall be anelected Salt Lake County government official.437438(e) The mayor of Draper, or a member of the Draper city council that the mayordesignates, shall serve as a board member.439440(f) The commissioner of higher education, appointed under Section 53B-1-408, or thecommissioner's designee, shall serve as a board member.441(3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the442same manner under this section as the appointment of the member whose vacancy is being443filled.444(ii) If the mayor of Draper or commissioner of higher education is removed as a board445member under Subsection (5), the mayor of Draper or commissioner of higher education, as the446case may be, shall designate an individual to serve as a member of the board, as provided in447Subsection (2)(e) or (f), respectively.448449(b) Each person appointed or designated to fill a vacancy shall serve the remainingunexpired term of the member whose vacancy the person is filling.- 16 -

Enrolled Copy450H.B. 348(4) A member of the board appointed by the governor, president of the Senate, or451speaker of the House of Representatives serves at the pleasure of and may be removed and452replaced at any time, with or without cause, by the governor, president of the Senate, or speaker453of the House of Representatives, respectively.454455(5) A member of the board may be removed by a vote of two-thirds of all members ofthe board.456(6) (a) The governor shall appoint one board member to serve as cochair of the board.457(b) The president of the Senate and speaker of the House of Representatives shall458jointly appoint one legislative member of the board to serve as cochair of the board.459Section 7. Section 11-59-304 is amended to read:46011-59-304. Staff and other support services -- Cooperation from state and local461government entities.462(1) As used in this section:463(a) "Division" means the Division of Facilities Construction and Management, created464in Section 63A-5b-301.465(b) "Office" means the Governor's Office of Economic [Development] Opportunity,466created in Section [63N-1-201] 63N-1a-301.467(2) If and as requested by the board:468(a) the division shall:469(i) provide staff support to the board; and470(ii) make available to the board existing division resources and expertise to assist the471board in the development, marketing, and disposition of the point of the mountain state land;472and473(b) the office shall cooperate with and provide assistance to the board in the board's:474(i) formulation of a development plan for the point of the mountain state land; and475(ii) management and implementation of a development plan, including the marketing476of property and recruitment of businesses and others to locate on the point of the mountain477state land.- 17 -

H.B. 348478Enrolled Copy(3) A department, division, or other agency of the state and a political subdivision of479the state shall cooperate with the authority and the board to the fullest extent possible to480provide whatever support, information, or other assistance the board requests that is reasonably481necessary to help the authority fulfill its dut

Enrolled Copy H.B. 348 - 5 - 114 63C-17-103, as enacted by Laws of Utah 2016, Chapter 156 115 63C-17-105, as enacted by Laws of Utah 2016, Chapter 156 116 63G-21-102, as last amended by Laws of Utah 2018, Chapter 281 117 63G-21-201, as last amended by Laws of Utah 2018, Chapter 261 118 63H-1-801, as last amended by Laws of Utah 2009