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First Substitute H.B. 206
Representative Wayne A. Harper proposes to substitute the following bill:
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AMENDMENTS TO DEPARTMENT OF
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COMMUNITY AND ECONOMIC DEVELOPMENT
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Wayne A. Harper
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AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; ADDRESSING
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DUTIES OF THE BOARD OF BUSINESS AND ECONOMIC DEVELOPMENT;
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ADDRESSING STATEWIDE ADMINISTRATION OF PROGRAMS AND FUNDS;
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REQUIRING CONSULTATION WITH AND CONCURRENCE OF THE BOARD UNDER
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CERTAIN CIRCUMSTANCES; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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9-2-204, as renumbered and amended by Chapter 241, Laws of Utah 1992
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9-2-205, as last amended by Chapter 367, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-2-204
is amended to read:
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9-2-204. Board duties and powers.
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(1) The board shall:
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(a) promote and encourage the economic, commercial, financial, industrial, agricultural,
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and civic welfare of the state[, and];
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(b) do all lawful acts for the development, attraction, and retention of businesses,
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industries, and commerce within the state;
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(c) promote and encourage the expansion and retention of businesses, industries, and
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commerce located in the state;
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(d) support the efforts of local government and regional nonprofit economic development
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organizations to encourage expansion or retention of businesses, industries, and commerce located
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in the state;
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[(b)] (e) do other acts not specifically enumerated in this part, if the acts are for the
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betterment of the economy of the state; [and]
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[(c)] (f) work in conjunction with companies and individuals located or doing business
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within the state to secure favorable rates, fares, tolls, charges, and classification for transportation
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of persons or property by:
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(i) railroad[,];
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(ii) motor carrier[,]; or
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(iii) other common carriers [of persons or property.];
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(g) recommend policies, priorities, and objectives to the division regarding the assistance,
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retention, or recruitment of business, industries, and commerce in the state; and
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(h) ensure that any money or program administered by the department or its divisions for
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the assistance, retention, or recruitment of businesses, industries, and commerce in the state be
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administered so that the money or program is equitably available to all areas of the state unless
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federal or state law requires or authorizes the geographic location of a recipient of the money or
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program be considered in the distribution of the money or administration of the program.
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(2) The board may:
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(a) in furtherance of the authority granted under Subsection (1)[(c)](f), appear as a party
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litigant on behalf of individuals or companies located or doing business within the state in
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proceedings before regulatory commissions of the state, other states, or the federal government
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having jurisdiction over such matters; and
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(b) make, amend, or revoke rules for the conduct of its business not inconsistent with this
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part and in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
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Section 2.
Section
9-2-205
is amended to read:
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9-2-205. Division of Business and Economic Development -- Powers and duties of
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division -- Consulting with board on funds or services provided by department or division.
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(1) For the purposes of this section:
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(a) "National recruitment" means the recruitment to the state of business, industry, or
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commerce if, at the time of the recruitment, the business, industry, or commerce is principally
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located in the United States.
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(b) "Private entity" means a private person, corporation, company, or organization.
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(2) There is created within the department the Division of Business and Economic
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Development under the administration and general supervision of the executive director or a
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designee of the executive director.
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(3) (a) The division shall [be under the policy direction of the board.] obtain the advice and
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concurrence of the board prior to an imposition of or change to a policy, priority, objective, or rule
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under which the division operates.
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(b) Subsection (3)(a) does not apply to the routine administration by the department or
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division of funds or services related to assistance, retention, or recruitment of business, industry,
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or commerce in this state.
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(4) The division shall:
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(a) be the industrial promotion authority of the state;
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(b) promote and encourage the economic, commercial, financial, industrial, agricultural,
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and civic welfare of the state;
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(c) do all lawful acts to create, develop, attract, and retain business, industry, and
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commerce within the state; and
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(d) do other acts that enhance the economy of the state.
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(5) The division may, subject to Subsection (6) and the approval of the board:
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(a) enter into contracts or agreements with, or make grants to, public or private entities,
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including municipalities, in the furtherance of its duties where the contracts or agreements are not
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in violation of the Constitution or statutes of the state; and
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(b) receive and expend funds available from any source, public or private, in any manner
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and for any lawful purpose in the best interest of the state in the discharge of their obligations
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under this part.
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(6) (a) Beginning on May 3, 1999, the department or division may enter into or renew a
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contract or agreement with or make a grant to a private entity under which the private entity
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engages in national recruitment only if the sole activity of the private entity is national recruitment.
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(b) In determining whether a private entity engages in activity other than national
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recruitment, the department or division shall consider all activities of the private entity regardless
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of whether the activities are funded by the department or division.
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(7) The executive director and the director shall consult with the board at each meeting of
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the board regarding the administration by the department or the division of funds or services
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related to assistance, retention, or recruitment of business, industry, or commerce in the state.
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