LEGISLATIVE GENERAL COUNSEL S.B. 84
6 Approved for Filing: R. Oakey-Frost 6 2nd Sub. (Salmon)
6 02-02-24 9:39 AM 6
Senator Kirk A. Cullimore proposes the following substitute bill:
1 GOVERNOR'S OFFICE OF ECONOMIC OPPORTUNITY
2 AMENDMENTS
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kirk A. Cullimore
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the Governor's Office of Economic Opportunity.
11 Highlighted Provisions:
12 This bill:
13 < revises definitions;
14 < replaces the term "Go Utah" with the term "GOEO";
15 < modifies the membership of the Governor's Office of Economic Opportunity board;
16 < modifies provisions regarding the Unified Economic Opportunity Commission;
17 < modifies provisions about the purpose of the Economic Opportunity Act;
18 < modifies terms describing the Industrial Assistance Account;
19 < creates a procurement exception for the Office of Tourism;
20 < aligns reporting dates; 2nd Sub. S.B. 84
21 < modifies grant programs related to broadband services access;
22 < creates the Broadband Equity Access and Deployment Grant Program;
23 < creates the Innovation in Artificial Intelligence Grant Pilot Program; and
24 < makes technical and conforming changes.
25 Money Appropriated in this Bill:
*SB0084S02*
2nd Sub. (Salmon) S.B. 84 02-02-24 9:39 AM
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53B-7-702, as last amended by Laws of Utah 2021, Chapters 282, 351 and last
32 amended by Coordination Clause, Laws of Utah 2021, Chapter 187
33 53B-7-704, as last amended by Laws of Utah 2021, Chapter 282
34 53B-10-201, as last amended by Laws of Utah 2022, Chapter 370
35 53B-10-203, as last amended by Laws of Utah 2021, Chapter 282
36 59-1-403, as last amended by Laws of Utah 2023, Chapters 21, 52, 86, 259, and 329
37 63G-6a-804, as last amended by Laws of Utah 2020, Chapter 257
38 63I-1-263, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
39 212, 218, 249, 270, 448, 489, and 534
40 63N-1a-102, as last amended by Laws of Utah 2022, Chapters 200, 362
41 63N-1a-103, as enacted by Laws of Utah 2021, Chapter 282
42 63N-1a-201, as last amended by Laws of Utah 2023, Chapter 499
43 63N-1a-202, as last amended by Laws of Utah 2022, Chapters 200, 362
44 63N-1a-301, as last amended by Laws of Utah 2022, Chapters 200, 307
45 63N-1a-401, as renumbered and amended by Laws of Utah 2022, Chapter 362
46 63N-1a-402, as renumbered and amended by Laws of Utah 2022, Chapter 362
47 63N-1b-404, as last amended by Laws of Utah 2023, Chapter 499
48 63N-2-104.2, as enacted by Laws of Utah 2022, Chapter 200
49 63N-2-107, as last amended by Laws of Utah 2022, Chapter 200
50 63N-2-504, as last amended by Laws of Utah 2021, Chapter 282
51 63N-2-512, as last amended by Laws of Utah 2023, Chapter 471
52 63N-2-808, as last amended by Laws of Utah 2021, Chapter 282
53 63N-3-102, as last amended by Laws of Utah 2023, Chapter 499
54 63N-3-105, as last amended by Laws of Utah 2023, Chapter 499
55 63N-3-106, as last amended by Laws of Utah 2023, Chapter 499
56 63N-3-107, as last amended by Laws of Utah 2023, Chapter 499
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57 63N-3-111, as last amended by Laws of Utah 2023, Chapter 499
58 63N-3-112, as last amended by Laws of Utah 2022, Chapter 362
59 63N-3-1101, as enacted by Laws of Utah 2022, Chapter 296
60 63N-3-1102, as enacted by Laws of Utah 2022, Chapter 296
61 63N-4-103, as last amended by Laws of Utah 2022, Chapter 274
62 63N-4-104, as last amended by Laws of Utah 2022, Chapter 362
63 63N-4-105, as last amended by Laws of Utah 2021, Chapter 282
64 63N-7-102, as repealed and reenacted by Laws of Utah 2022, Chapter 362
65 63N-8-102, as last amended by Laws of Utah 2023, Chapter 499
66 63N-8-103, as last amended by Laws of Utah 2023, Chapter 499
67 63N-8-104, as last amended by Laws of Utah 2021, Chapter 282
68 63N-13-305, as last amended by Laws of Utah 2022, Chapter 240
69 63N-16-301, as enacted by Laws of Utah 2021, Chapter 373
70 63N-17-102, as enacted by Laws of Utah 2021, Chapter 282
71 63N-17-201, as last amended by Laws of Utah 2022, Chapter 458
72 63N-17-202, as last amended by Laws of Utah 2023, Chapter 499
73 63N-17-203, as enacted by Laws of Utah 2022, Chapter 458
74 63N-17-301, as enacted by Laws of Utah 2021, Chapter 282
75 ENACTS:
76 63N-3-1301, Utah Code Annotated 1953
77 63N-3-1302, Utah Code Annotated 1953
78 63N-17-401, Utah Code Annotated 1953
79 REPEALS:
80 63N-1a-101, as renumbered and amended by Laws of Utah 2021, Chapter 282
81 63N-17-101, as enacted by Laws of Utah 2021, Chapter 282
82
83 Be it enacted by the Legislature of the state of Utah:
84 Section 1. Section 53B-7-702 is amended to read:
85 53B-7-702. Definitions.
86 As used in this part:
87 (1) "Account" means the Performance Funding Restricted Account created in Section
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88 53B-7-703.
89 (2) "Estimated revenue growth from targeted jobs" means the estimated increase in
90 individual income tax revenue generated by individuals employed in targeted jobs, determined
91 by the Department of Workforce Services in accordance with Section 53B-7-704.
92 (3) "Full new performance funding amount" means the maximum amount of new
93 performance funding that a degree-granting institution or technical college may qualify for in a
94 fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
95 (4) "Full-time" means the number of credit hours the board determines is full-time
96 enrollment for a student.
97 (5) ["GO Utah office"] "GOEO" means the Governor's Office of Economic
98 Opportunity created in Section 63N-1a-301.
99 (6) "Job" means an occupation determined by the Department of Workforce Services.
100 (7) "Membership hour" means 60 minutes of scheduled instruction provided by a
101 technical college to a student enrolled in the technical college.
102 (8) "New performance funding" means the difference between the total amount of
103 money in the account and the amount of money appropriated from the account for performance
104 funding in the current fiscal year.
105 (9) "Performance" means total performance across the metrics described in [Sections
106 53B-7-706 and 53B-7-707] Section 53B-7-706.
107 (10) "Research university" means the University of Utah or Utah State University.
108 (11) "Targeted job" means a job designated by the Department of Workforce Services
109 or [the GO Utah office] GOEO in accordance with Section 53B-7-704.
110 (12) "Technical college" means:
111 (a) the same as that term is defined in Section 53B-1-101.5; [and] or
112 (b) a degree-granting institution acting in the degree-granting institution's technical
113 education role described in Section 53B-2a-201.
114 (13) "Technical college graduate" means an individual who:
115 (a) has earned a certificate from an accredited program at a technical college; and
116 (b) is no longer enrolled in the technical college.
117 Section 2. Section 53B-7-704 is amended to read:
118 53B-7-704. Designation of targeted jobs -- Determination of estimated revenue
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119 growth from targeted jobs -- Reporting.
120 (1) As used in this section, "baseline amount" means the average annual wages for
121 targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of
122 Workforce Services using the best available information.
123 (2) (a) The Department of Workforce Services shall designate, as a targeted job, a job
124 that:
125 (i) has a base employment level of at least 100 individuals;
126 (ii) ranks in the top 20% of jobs for outlook based on:
127 (A) projected number of openings; and
128 (B) projected rate of growth;
129 (iii) ranks in the top 20% of jobs for median annual wage; and
130 (iv) requires postsecondary training.
131 (b) The Department of Workforce Services shall designate targeted jobs every other
132 year.
133 (c) [The GO Utah office] GOEO may, after consulting with the Department of
134 Workforce Services and industry representatives, designate a job that has significant industry
135 importance as a targeted job.
136 (d) Annually, the Department of Workforce Services and [the GO Utah office] GOEO
137 shall report to the Higher Education Appropriations Subcommittee on targeted jobs, including:
138 (i) the method used to determine which jobs are targeted jobs;
139 (ii) changes to which jobs are targeted jobs; and
140 (iii) the reasons for each change described in Subsection (2)(d)(ii).
141 (3) Based on the targeted jobs described in Subsection (2), the Department of
142 Workforce Services shall annually determine the estimated revenue growth from targeted jobs
143 by:
144 (a) determining the total estimated wages for targeted jobs for the year:
145 (i) based on the average wages for targeted jobs, calculated using the most recently
146 available wage data and data from each of the two years before the most recently available
147 data; and
148 (ii) using the best available information;
149 (b) determining the change in estimated wages for targeted jobs by subtracting the
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150 baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
151 (c) multiplying the change in estimated wages for targeted jobs described in Subsection
152 (3)(b) by 3.6%.
153 (4) Annually, at least 30 days before the first day of the legislative general session, the
154 Department of Workforce Services shall report the estimated revenue growth from targeted
155 jobs to:
156 (a) the Office of the Legislative Fiscal Analyst; and
157 (b) the Division of Finance.
158 Section 3. Section 53B-10-201 is amended to read:
159 53B-10-201. Definitions.
160 As used in this part:
161 (1) "Award" means a monetary grant awarded in accordance with Section 53B-10-202.
162 (2) "Full-time" means the number of credit hours the board determines is full-time
163 enrollment for a student for purposes of the program.
164 (3) ["GO Utah office"] "GOEO" means the Governor's Office of Economic
165 Opportunity created in Section 63N-1a-301.
166 (4) "Institution" means an institution of higher education described in Subsection
167 53B-1-102(1)(a).
168 (5) "Program" means the Talent Development Award Program created in Section
169 53B-10-202.
170 (6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
171 individual to work in a qualifying job, as determined by [the GO Utah office] GOEO under
172 Section 53B-10-203.
173 (7) "Qualifying job" means a job:
174 (a) described in Section 53B-10-203 for which an individual may receive an award for
175 the current two-year period; or
176 (b) (i) that was [selected] identified in accordance with Section 53B-10-203 at the time
177 a recipient received an award; and
178 (ii) (A) for which the recipient is pursuing a qualifying degree;
179 (B) for which the recipient completed a qualifying degree; or
180 (C) in which the recipient is working.
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181 (8) "Recipient" means an individual who receives an award.
182 Section 4. Section 53B-10-203 is amended to read:
183 53B-10-203. Identification of qualifying jobs and qualifying degrees.
184 (1) Every other year, [the GO Utah office] GOEO shall [select] identify:
185 (a) five qualifying jobs that:
186 (i) have the highest demand for new employees; and
187 (ii) offer high wages; and
188 (b) the qualifying degrees for each qualifying job.
189 (2) [The GO Utah office] GOEO shall:
190 (a) ensure that each qualifying job:
191 (i) ranks in the top 40% of jobs based on an employment index that considers the job's
192 growth rate and total openings;
193 (ii) ranks in the top 40% of jobs for wages; and
194 (iii) requires an associate's degree or a bachelor's degree; and
195 (b) report the five qualifying jobs and qualifying degrees to the board.
196 Section 5. Section 59-1-403 is amended to read:
197 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
198 (1) As used in this section:
199 (a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
200 (i) the commission administers under:
201 (A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax Act;
202 (B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
203 (C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
204 (D) Section 19-6-805;
205 (E) Section 63H-1-205; or
206 (F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
207 and
208 (ii) with respect to which the commission distributes the revenue collected from the
209 tax, fee, or charge to a qualifying jurisdiction.
210 (b) "Qualifying jurisdiction" means:
211 (i) a county, city, town, or metro township;
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212 (ii) the military installation development authority created in Section 63H-1-201; or
213 (iii) the Utah Inland Port Authority created in Section 11-58-201.
214 (2) (a) Any of the following may not divulge or make known in any manner any
215 information gained by that person from any return filed with the commission:
216 (i) a tax commissioner;
217 (ii) an agent, clerk, or other officer or employee of the commission; or
218 (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
219 town.
220 (b) An official charged with the custody of a return filed with the commission is not
221 required to produce the return or evidence of anything contained in the return in any action or
222 proceeding in any court, except:
223 (i) in accordance with judicial order;
224 (ii) on behalf of the commission in any action or proceeding under:
225 (A) this title; or
226 (B) other law under which persons are required to file returns with the commission;
227 (iii) on behalf of the commission in any action or proceeding to which the commission
228 is a party; or
229 (iv) on behalf of any party to any action or proceeding under this title if the report or
230 facts shown by the return are directly involved in the action or proceeding.
231 (c) Notwithstanding Subsection (2)(b), a court may require the production of, and may
232 admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
233 pertinent to the action or proceeding.
234 (3) This section does not prohibit:
235 (a) a person or that person's duly authorized representative from receiving a copy of
236 any return or report filed in connection with that person's own tax;
237 (b) the publication of statistics as long as the statistics are classified to prevent the
238 identification of particular reports or returns; and
239 (c) the inspection by the attorney general or other legal representative of the state of the
240 report or return of any taxpayer:
241 (i) who brings action to set aside or review a tax based on the report or return;
242 (ii) against whom an action or proceeding is contemplated or has been instituted under
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243 this title; or
244 (iii) against whom the state has an unsatisfied money judgment.
245 (4) (a) Notwithstanding Subsection (2) and for purposes of administration,