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title-63m•Title 63M — Governor's Programs
This chapter is known as the "Resource Development Act."
(1) The Legislature declares that the policy of this state is:
(a) to encourage industrial development and the development and utilization of the natural resources in this state in order to promote the economic development of this state and to provide benefits to the citizens of this state and other states; and
(b) to encourage co-operation between the state and its agencies and political subdivisions with individuals, firms, and business organizations to provide for industrial development and the development and utilization of the natural resources of this state.
(2) The Legislature recognizes that:
(a) industrial development and the development and utilization of the natural resources in this state, particularly in rural areas, may have a significant financial impact on state agencies and units of local government unless adequate financing is made available to these state agencies and units of local government to enable them to provide necessary public works and improvements and public services prior to completion of natural resource and industrial facilities; and
(b) because of the time lag between the financial impact on affected units of government and the normal beginning of the receipt of additional tax revenues from this development normally begins, it may be necessary and in the public interest of this state and its political subdivisions to provide through utilization of ad valorem taxes funds for these necessary public works and improvements; and
(c) these necessary public works and improvements may in part be of benefit primarily to the industrial developer or the person developing or utilizing the natural resources in this state.
As used in this chapter:
(1) "Commencement of construction" means any clearing of land, excavation, or construction but does not include preliminary site review, including soil tests, topographical surveys, exploratory drilling, boring or mining, or other preliminary tests.
(2) "Developer" means any person engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility, including owners, contract purchases of owners, and persons who, as a lessee or under an agreement, are engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility.
(3) "Major developer" means any developer whose proposed new or additional natural resource facility or industrial facility is projected:
(a) To employ more than 500 people; or
(b) To cause the population of an affected unit of local government to increase by more than 5%, the increase to include the primary work force of the facility and their dependents and the work force and dependents attributable to commercial and public service employment created by the presence of the facility.
(4) "Natural resource facility" or "industrial facility" means any land, structure, building, plant, mine, road, installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement, or improvement of, land or an existing structure, building, plant, mine, road, installation, excavation, machinery, or device reasonably used, erected, constructed, acquired, or installed by any person, if a substantial purpose of or result of the use, erection, construction, acquisition, rental, lease, or installation is related to industrial development or the development or utilization of the natural resources in this state.
(5) "Person" includes any individual, firm, co-partnership, joint venture, corporation, estate, trust, business trust, syndicate, or any group or combination acting as a unit.
(6) "Unit of local government" means any county, municipality, school district, special district, special service district, or any other political subdivision of the state.
The developer also may prepay, with the consent of the governing bodies of the units of local government affected, to the county treasurer, or to other persons authorized by the governing body of a unit of local government under Section 63M-5-306, a portion of the ad valorem property taxes which the developer anticipates will be imposed by the unit of local government under Title 59, Chapter 2, Part 9, Levies, in connection with the natural resources or industrial facility. Ad valorem property taxes prepaid under this chapter may not act as an abatement of the ad valorem property tax but rather shall be construed as a prepayment for which, notwithstanding Section 59-2-1321 or any statute of limitations to the contrary, a credit will be given the developer making the prepayment at the time the ad valorem property taxes become due and otherwise payable.
The State Board of Education and the Department of Transportation shall prepare and submit to the governor, to be included in the governor's budget to the Legislature, a budget of the requirements for carrying out the provisions of this chapter.
(1) The funds needed for construction of schools and highways and any of their related facilities as a result of industrial development or as a result of development or utilization of natural resources in this state through natural resource or industrial facilities shall be made available from the Prepaid Sales and Use Tax Construction Account through appropriations by the Legislature.
(2) Appropriations will be made to the State Board of Education and the Department of Transportation for specific public facilities related to a specific natural resource or industrial facility.
(3)
(a) Appropriations made to the State Board of Education for schools and related facilities shall be repaid to the General Fund through property tax assessments by the school district within whose boundary the natural resource or industrial facility is located.
(b) The repayment shall be made within a period of six years from the date of substantial completion of the natural resource or industrial facility or from the date the school district has a taxable value exceeding $50,000,000, whichever occurs first.
(c) A refund shall be made to the developer of the natural resource or industrial facility to the extent of sales and use taxes prepaid by the developer in accordance with this chapter and appropriated by the Legislature for the specific public school facility, which have not been credited against sales and use taxes imposed by Title 59, Chapter 12, Sales and Use Tax Act.
(4) The State Board of Education shall:
(a) determine school facility needs as respective communities develop by consulting with the school district within whose boundary the development project is located; and
(b) recommend to the Legislature the amount to be appropriated at each session of the Legislature.
(5) The Transportation Commission shall:
(a) determine highway needs in the area of the natural resource or industrial facility;
(b) determine whether the highway should be a part of the state highway system; and
(c) recommend to the Legislature the amounts to be appropriated to the Department of Transportation for use on the highways.
(6)
(a) The State Board of Education and the Department of Transportation shall assess and determine in connection with each public facility the portion of each facility of benefit primarily to the industrial developer or the person developing or utilizing the natural resources.
(b) The assessment shall be reported to the Legislature to be used in determining the amount to be appropriated subject to this chapter.
Notwithstanding anything to the contrary contained in this chapter, prepaid sales or use taxes sufficient to construct a particular public facility need not be prepaid in one sum but may be prepaid in installments as may be required by the state or any of its agencies or political subdivisions in fulfilling contractual commitments for the construction of the public facility if the state receives assurance that the funds for the agreed project will be prepaid to the State Tax Commission at the time or times for which the state or any of its agencies or political subdivisions have made contractual commitments for the disbursement of these funds for the public facility. In no event shall the total accumulated prepayment be less than the amount of sales and use taxes due for the calendar quarters for which returns are required to be filed under Section 59-12-107.
(1) The Department of Transportation and county executives shall cooperate with persons engaged in industrial development or the development of or utilization of natural resources in this state through a natural resource or industrial facility who desire to assist this state or its counties in obtaining financing through prepaid sales or use taxes for improvements to existing state or county roads or the construction of new state or county roads which are necessary to provide access to areas of natural resource or industrial facilities.
(2) Where it is determined that the improvements or construction referred to cannot be financed with existing public funds or when the necessary improvement or construction would be unduly delayed by postponing the improvements or construction until funds are otherwise available and the Legislature has appropriated the necessary funds pursuant to Section 63M-5-302, the Department of Transportation or any county executive may enter into written agreements with the person engaged or to be engaged in industrial development or the development or utilization of natural resources through a natural resource or industrial facility providing for the necessary improvements or construction if that person agrees to the prepayment of sales or use taxes as provided in this chapter to the extent necessary to provide the funds needed to finance the necessary improvements or construction.
(3) The agreements shall include the assurances necessary to provide the state or the county adequate funds for the payment of all obligations incurred by the state or county for the necessary improvements or construction and for the transfer of funds and all necessary adjustments, if the funds prepaid exceed the actual expenditures made for the improvements or construction.
(4) If the actual expenditures made by the state, its agencies, or political subdivisions for the improvements or construction exceed the amount of prepaid sales and use taxes actually imposed by Title 59, Chapter 12, Sales and Use Tax Act, then no refund shall be allowed for the excess amount prepaid as sales or use taxes.
(5) Initial survey and location work by the Department of Transportation or a county may proceed prior to the execution of any agreements if otherwise authorized and funded.
For the purpose of more efficiently administering this act the State Tax Commission is authorized in its discretion to formulate, amend, or cancel rules and regulations establishing procedures regarding matters pertaining to the prepayment of sales or use taxes as provided in this act and the credit against sales or use taxes as the same become due and otherwise payable.
(1)
(a) A developer desiring to prepay ad valorem property taxes under Section 63M-5-201 shall first prepare and file with the Governor's Office of Economic Development and all units of local government likely to be affected with a significant financial impact due to a natural resource or industrial facility a financial impact statement together with a plan for alleviating these impacts.
(b) The impact statement and the alleviation plan shall be prepared in cooperation with and after consultation with the Governor's Office of Economic Development and the affected units of local government.
(c) The financial impact statement shall assess the projected financial impact on state agencies and units of local government, including the impact on transportation systems, culinary water systems, waste treatment facilities, public safety, schools, public health, housing, planning and zoning, and general government administration.
(d) The alleviation plan shall set out proposals for alleviating the impact and may include payments to local units of government or direct expenditures by the developer to alleviate the impact.
(e) The impact statement and the alleviation plan may be amended by the developer in cooperation with and after consultation with the Governor's Office of Economic Opportunity and those units of local government affected by the amendment.
(2) At least 90 days prior to commencement of construction of an industrial facility or natural resources facility by a major developer, an impact statement and alleviation plan as described in Subsection (1) shall be filed by the major developer regardless of whether the major developer desires to prepay ad valorem property taxes.
(3)
(a) Upon the filing of the financial impact statement and alleviation plan, a developer may apply to the governing body of the affected unit of local government for authorization to prepay a portion of the anticipated ad valorem property taxes to be expended consistent with the alleviation plan.
(b) This authorization may provide that only a portion of the amounts so prepaid can be applied against the ad valorem property taxes due in any given year.
(c) In addition to payments directly to the affected unit of local government, an affected unit of local government may authorize a tax credit on anticipated ad valorem property taxes for expenditures made by the developer to other persons so long as the expenditure is consistent with the alleviation plan.
(4)
(a) This chapter is designed to provide an additional mechanism for the alleviation of impacts on units of local government and is not intended to discourage the use of other mechanisms as may be available.
(b) Nothing in this chapter requires a developer to prepay ad valorem property taxes or to make any other expenditure not otherwise required by law.
This chapter is known as "Utah Commission on Aging."
(1) In accordance with this chapter, there is created within the governor's office the Utah Commission on Aging.
(2) The commission's purpose is to:
(a) increase public and government understanding of the current and future needs of the state's aging population and how those needs may be most effectively and efficiently met;
(b) study, evaluate, and report on the projected impact that the state's increasing aging population will have on:
(i) government services;
(ii) health services;
(iii) social services;
(iv) the economy; and
(v) society in general;
(c) identify and recommend implementation of specific policies, procedures, and programs to respond to the needs and impact of the aging population relating to:
(i) government services;
(ii) health services;
(iii) social services;
(iv) the economy; and
(v) society in general;
(d) facilitate coordination of the functions of public and private entities concerned with the aging population; and
(e) accomplish the duties enumerated in Section 63M-11-203.
As used in this chapter:
(1) "Aging" and "aged" are as defined in Section 26B-6-101.
(2) "Center on Aging" means the Center on Aging within the University of Utah.
(3) "Commission" means the Utah Commission on Aging, created in Section 63M-11-102.
(1) The commission shall be composed of the following voting members:
(a) the executive director of the Department of Health and Human Services or the executive director's designee;
(b) the executive director of the Governor's Office of Economic Development or the executive director's designee;
(c) the executive director of the Department of Workforce Services or the executive director's designee; and
(d) 20 members, appointed by the governor in accordance with Subsection (3), including:
(i) three members that represent the Utah Association of Areas on Aging, the Alzheimer's Association, or another organization or association that advocates for the aging population;
(ii) two members that represent an organization or association that advocates for local government; and
(iii) two members that represent the general public.
(2)
(a) A member appointed under Subsection (1)(e) shall serve a two-year term.
(b) Notwithstanding the term requirements described in Subsection (2)(a), the governor may adjust the length of the initial commission members' terms to ensure that the terms are staggered so that approximately one-half of the members appointed under Subsection (1)(e) are appointed each year.
(c) When, for any reason, a vacancy occurs in a position appointed by the governor under Subsection (1)(e), the governor shall appoint a person to fill the vacancy for the unexpired term of the commission member being replaced.
(d) A member appointed under Subsection (1)(e) may be removed by the governor for cause.
(e) A member appointed under Subsection (1)(e) shall be removed from the commission and replaced by the governor if the member is absent for three consecutive meetings of the commission without being excused by the chair of the commission.
(3) In appointing the members under Subsection (1)(e), the governor shall:
(a) ensure each of the following areas are represented:
(i) higher education in Utah;
(ii) the business community;
(iii) charitable organizations;
(iv) the health care provider industry;
(v) the industry that provides telehealth services;
(vi) the industry that provides data analysis services;
(vii) the industry that provides information technology support services;
(viii) financial institutions;
(ix) the legal profession;
(x) the public safety sector;
(xi) public transportation;
(xii) ethnic minorities; and
(xiii) the industry that provides long-term care for the elderly;
(b) take into account the geographical makeup of the commission; and
(c) strive to appoint members who:
(i) are knowledgeable or have an interest in issues relating to the aging population;
(ii) provide a balanced representation of urban and rural communities in the state; and
(iii) represent the diversity of the population in the state.
(1)
(a) Subject to Subsections (1)(b) and (c), the executive director of the Center on Aging shall appoint an executive director of the commission.
(b) The executive director appointed under Subsection (1)(a) shall be a person knowledgeable and experienced in matters relating to:
(i) management; and
(ii) the aging population.
(c) The appointment described in Subsection (1)(a) is not effective until ratified by the governor.
(2) The executive director of the commission, under the direction of the commission and the executive director of the Center on Aging, shall administer the duties of the commission.
(1) The commission shall:
(a) fulfill the commission's purposes described in Section 63M-11-102;
(b) facilitate the communication and coordination of public and private entities that provide services to the aging population, including entities responsible for services related to:
(i) housing;
(ii) transportation;
(iii) caregiver support;
(iv) preventive health services;
(v) individuals with physical or developmental disabilities;
(vi) dementia and Alzheimer's disease; and
(vii) facility licensing;
(c) study, evaluate, and report on the status and effectiveness of policies, procedures, and programs that provide services to the aging population;
(d) study and evaluate the policies, procedures, and programs implemented by other states that address the needs of the aging population;
(e) facilitate and conduct the research and study of issues related to aging, including emerging public health issues with a significant impact on the aging population;
(f) provide a forum for public comment on issues related to aging;
(g) provide public information on the aging population and the services available to the aging population;
(h) facilitate the provision of services to the aging population from the public and private sectors; and
(i) encourage state and local governments to analyze, plan, and prepare for the impacts of the aging population on services and operations.
(2) To accomplish the commission's duties, the commission may:
(a) request and receive from any state or local governmental agency or institution, summary information relating to the aging population, including:
(i) reports;
(ii) audits;
(iii) projections; and
(iv) statistics;
(b) apply for and accept grants or donations for uses consistent with the duties of the commission from public or private sources; and
(c) appoint special committees to advise and assist the commission.
(3) All funds received under Subsection (2)(b) shall be:
(a) accounted for and expended in compliance with the requirements of federal and state law; and
(b) continuously available to the commission to carry out the commission's duties.
(4)
(a) A member of a special committee described in Subsection (2)(c):
(i) shall be appointed by the commission;
(ii) may be:
(A) a member of the commission; or
(B) an individual from the private or public sector; and
(iii) notwithstanding Section 63M-11-206, shall not receive any reimbursement or pay for any work done in relation to the special committee.
(b) A special committee described in Subsection (2)(c) shall report to the commission on the progress of the special committee.
(5) This chapter does not diminish the planning authority conferred on state, regional, and local governments by existing law.
(1)
(a) The commission shall annually prepare and publish a report directed to the:
(i) governor; and
(ii) Health and Human Services Interim Committee.
(b) The report described in Subsection (1)(a) shall:
(i) describe how the commission fulfilled its statutory purposes and duties during the year; and
(ii) contain recommendations on how the state should act to address issues relating to the aging population.
(2)
(a) The commission shall:
(i) prepare and publish a 10-year master plan with recommendations for services affecting the aging population; and
(ii) no later than November 1 of 2023, submit the master plan and the commission's work plan described in Subsection (2)(b) in writing to:
(A) the governor; and
(B) the Health and Human Services Interim Committee.
(b) For the master plan, the commission shall:
(i) identify and prioritize the commission's goals, objectives, performance measures, and strategies, whether existing or needed, to address demographic factors contributing to the needs of the state's aging population;
(ii) adopt a plan for the commission's work over the next three years to address priorities described in Subsection (2)(b)(i); and
(iii) identify redundancies in aging services across the state, including working groups or task forces, and local and state executive branch services, and make recommendations for consolidation.
(c) The plan adopted under Subsection (2)(b)(ii) shall describe which state, local, and private groups the commission has or intends to engage.
(3) Before July 1, 2026, the commission shall report to the Health and Human Services Interim Committee on:
(a) proposals for the future review of and updates to the master plan; and
(b) any proposed legislation concerning the master plan or the recommendations made in the master plan.
(1) The governor shall appoint a member of the commission to serve as chair.
(2)
(a) Subject to the other provisions of this Subsection (2), the chair is responsible for the call and conduct of meetings.
(b) The chair shall call and hold meetings of the commission at least quarterly.
(c) One of the quarterly meetings described in Subsection (2)(b) shall be held while the Legislature is convened in its annual session.
(d) One or more additional meetings may be called upon request by a majority of the commission's members.
(3)
(a) A majority of the members of the commission constitute a quorum.
(b) The action of a majority of a quorum constitutes the action of the commission.
A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(1) Section 63A-3-106;
(2) Section 63A-3-107; and
(3) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(1) The Center on Aging shall:
(a) pay the salary, and oversee the performance of, the executive director of the commission;
(b) provide staff support for the executive director of the commission and the commission; and
(c) provide office space, furnishings, and supplies to the commission, the executive director of the commission, and support staff.
(2) The funds appropriated by the Legislature for the commission may only be used for the purposes described in this chapter.
This chapter is known as the "Utah Marriage Commission."
As used in this chapter:
(1) "Commission" means the Utah Marriage Commission created by this chapter.
(2) "Commission leadership" means the commission's elected chair, elected vice chair, and coordinator.
(3) "Coordinator" means an employee from Utah State University described in Section 63M-15-206.
(1) There is created within the governor's office the Utah Marriage Commission.
(2) The governor, or commission leadership under Section 63M-15-202, shall appoint up to 28 commission members that:
(a) may come from the following groups:
(i) non-profit organizations or governmental agencies;
(ii) social workers who are, or have been, licensed under Title 58, Chapter 60, Part 2, Social Worker Licensing Act;
(iii) psychologists who are, or have been, licensed under Title 58, Chapter 61, Psychologist Licensing Act;
(iv) physicians who are, or have been, board certified in psychiatry and are, or have been, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(v) marriage and family therapists who are, or have been, licensed under Title 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
(vi) representatives of faith communities;
(vii) public health professionals;
(viii) representatives of domestic violence prevention organizations;
(ix) academics from marriage and family studies departments, social or behavioral sciences departments, health sciences departments, colleges of law, or other related and supporting departments at institutions of higher education in this state;
(x) the general public;
(xi) individuals with marketing or public relations experience; and
(xii) legal professionals; or
(b) have skills or expertise the commission requires to fulfill the commission's duties described in Section 63M-15-204.
(3)
(a) An individual appointed under Subsection (2) shall serve for a term of four years.
(b) If approved by the commission, an individual may be appointed for subsequent terms.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed by the applicable appointing authority for the remainder of the unexpired term of the original appointment.
(d) Upon majority vote within commission leadership, commission leadership may remove a member of the commission if the member is unable to serve.
(e) Commission leadership may appoint as many non-voting members as necessary if the individuals appointed have skills or expertise related to the commission's duties, described in Section 63M-15-204.
If a member appointed under Subsection 63M-15-201(2)(c) resigns from the commission, is removed from the commission under Subsection 63M-15-201(3)(d), or the member's term expires, the governor or commission leadership shall appoint a replacement member within 90 days after the day on which the governor receives notice of the member's resignation, removal, or term expiration.
(1) The commission shall annually elect a chair and vice chair from the commission's membership.
(2) The commission shall hold meetings as needed to fulfill the commission's duties.
(3) A meeting may be held on the call of the chair or a majority of the commission members.
(4) A majority of the voting members of the commission constitute a quorum and, if a quorum exists, the action of a majority of commission members present constitutes the action of the commission.
The commission shall:
(1) promote coalitions and collaborative efforts to uphold and encourage a strong and healthy culture of strong and lasting marriages and stable families;
(2) contribute to greater awareness of the importance of marriage in an effort to reduce divorce and unwed parenthood in the state;
(3) promote public policies that support marriage;
(4) promote programs and activities that educate individuals and couples on how to achieve strong, successful, and lasting marriages, including promoting and assisting in the offering of:
(a) events;
(b) classes and services, including those designed to promote strong, healthy, and lasting marriages and prevent domestic violence;
(c) marriage and relationship education conferences for the public and professionals; and
(d) enrichment seminars;
(5) actively promote measures designed to maintain and strengthen marriage, family, and the relationships between spouses and parents and children;
(6) support volunteerism and private financial contributions and grants in partnership with the commission and in support of the commission's purposes and activities for the benefit of the state as provided in this section;
(7) regularly publicize information on premarital counseling and education services available in the state that comply with Section 81-2-206;
(8) approve an online course meeting the requirements of Section 81-2-206; and
(9) for purposes of Section 81-2-206, recognize one or more national organizations that certify family life educators.
(1) A commission member who is not a legislator may not receive compensation or benefits for the commission member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
(2) Compensation and expenses of a commission member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(1) Utah State University shall:
(a) working in consultation with the commission, hire a coordinator to manage the day-to-day operations of the commission;
(b) pay the salary of the coordinator and review the coordinator's performance;
(c) provide other staff support for the commission; and
(d) provide office space, furnishings, and supplies to the commission, the coordinator, and support staff.
(2) Funding for the commission shall be dedicated credits from the $20 marriage license fee described in Section 17-66-303 and added funding sought by the commission from private contributions and grants that support the duties of the commission described in Section 63M-15-204.
(3) Before November 1, 2024, and before November 1 of each third year after 2024, the commission shall provide a written report to the Health and Human Services Interim Committee regarding the commission's:
(a) initiatives and whether the initiatives could be accomplished by a private organization; and
(b) funding sources, including the effectiveness and necessity of the marriage license fee, described in Section 17-66-303, in providing commission funding.
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