63N-1a-102.  Definitions.
     As used in this title:

(1)  “Baseline jobs” means the number of full-time employee positions that existed within a business entity in the state before the date on which a project related to the business entity is approved by the office or by the GO Utah board.

Terms Used In Utah Code 63N-1a-102

  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Baseline state revenue: means the amount of state tax revenue collected from a business entity or the employees of a business entity during the year before the date on which a project related to the business entity is approved by the office or by the GO Utah board. See Utah Code 63N-1a-102
  • Commission: means the Unified Economic Opportunity Commission created in Section 63N-1a-201. See Utah Code 63N-1a-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Executive director: means the executive director of the office. See Utah Code 63N-1a-102
  • Full-time employee: means an employment position that is filled by an employee who works at least 30 hours per week and:
(a) may include an employment position filled by more than one employee, if each employee who works less than 30 hours per week is provided benefits comparable to a full-time employee; and
(b) may not include an employment position that is shifted from one jurisdiction in the state to another jurisdiction in the state. See Utah Code 63N-1a-102
  • GO Utah board: means the Board of Economic Opportunity created in Section 63N-1a-401. See Utah Code 63N-1a-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State revenue: means state tax liability paid by a business entity or a business entity's employees under any combination of the following provisions:
    (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
    (b) 1;
    (c) 2;
    (d) 4; and
    (e) Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 63N-1a-102
    (2)  “Baseline state revenue” means the amount of state tax revenue collected from a business entity or the employees of a business entity during the year before the date on which a project related to the business entity is approved by the office or by the GO Utah board.

    (3)  “Commission” means the Unified Economic Opportunity Commission created in Section 63N-1a-201.

    (4)  “Economic opportunity agency” includes:

    (a)  the Department of Workforce Services;

    (b)  the Department of Cultural and Community Engagement;

    (c)  the Department of Commerce;

    (d)  the Department of Natural Resources;

    (e)  the Office of Energy Development;

    (f)  the State Board of Education;

    (g)  institutions of higher education;

    (h)  the Utah Multicultural Commission;

    (i)  the World Trade Center Utah;

    (j)  local government entities;

    (k)  associations of governments;

    (l)  the Utah League of Cities and Towns;

    (m)  the Utah Association of Counties;

    (n)  the Economic Development Corporation of Utah;

    (o)  the Small Business Administration;

    (p)  chambers of commerce;

    (q)  industry associations;

    (r)  small business development centers; and

    (s)  other entities identified by the commission or the executive director.

    (5)  “Executive director” means the executive director of the office.

    (6)  “Full-time employee” means an employment position that is filled by an employee who works at least 30 hours per week and:

    (a)  may include an employment position filled by more than one employee, if each employee who works less than 30 hours per week is provided benefits comparable to a full-time employee; and

    (b)  may not include an employment position that is shifted from one jurisdiction in the state to another jurisdiction in the state.

    (7)  “GO Utah board” means the Board of Economic Opportunity created in Section 63N-1a-401.

    (8)  “High paying job” means a newly created full-time employee position where the aggregate average annual gross wage of the employment position, not including health care or other paid or unpaid benefits, is:

    (a)  at least 110% of the average wage of the county in which the employment position exists; or

    (b)  for an employment position related to a project described in 1, and that is located within the boundary of a county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of the second class and where the municipality has a population of 10,000 or less:

    (i)  at least 100% of the average wage of the county in which the employment position exists; or

    (ii)  an amount determined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a county experiencing economic distress.

    (9) 

    (a)  “Incremental job” means a full-time employment position in the state that:

    (i)  did not exist within a business entity in the state before the beginning of a project related to the business entity; and

    (ii)  is created in addition to the number of baseline jobs that existed within a business entity.

    (b)  “Incremental job” includes a full-time employment position where the employee is hired:

    (i)  directly by a business entity; or

    (ii)  by a professional employer organization, as defined in Section 31A-40-102, on behalf of a business entity.

    (10)  “New state revenue” means the state revenue collected from a business entity or a business entity’s employees during a calendar year minus the baseline state revenue calculation.

    (11)  “Office” or “GO Utah office” means the Governor’s Office of Economic Opportunity.

    (12)  “State revenue” means state tax liability paid by a business entity or a business entity’s employees under any combination of the following provisions:

    (a)  Title 59, Chapter 7, Corporate Franchise and Income Taxes;

    (b)  1;

    (c)  2;

    (d)  4; and

    (e)  Title 59, Chapter 12, Sales and Use Tax Act.

    (13)  “State strategic goals” means the strategic goals listed in Section 63N-1a-103.

    (14)  “Statewide economic development strategy” means the economic development strategy developed by the commission in accordance with Section 63N-1a-202.

    (15)  “Talent board” means the Talent, Education, and Industry Alignment Board created in Section 53B-34-102.

    (16)  “Targeted industry” means an industry or group of industries targeted by the commission under Section 63N-1a-202, for economic development in the state.

    Amended by Chapter 200, 2022 General Session
    Amended by Chapter 362, 2022 General Session