Representative Val L. Peterson proposes the following substitute bill:




Chief Sponsor: Val L. Peterson

Senate Sponsor: Brian E. Shiozawa


8     General Description:
9          This bill modifies provisions related to the STEM Action Center.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates an expendable special revenue fund called the "STEM Action Center
14     Foundation Fund";
15          ▸     provides for treating a portion of money in the fund as an endowment fund such that
16     the principal of the fund is not expended;
17          ▸     modifies provisions related to the STEM Action Center creating a foundation; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63N-12-202, as renumbered and amended by Laws of Utah 2015, Chapter 283

26          63N-12-204, as last amended by Laws of Utah 2016, Chapter 139
27          63N-12-210, as last amended by Laws of Utah 2016, Chapter 139
28     ENACTS:
29          63N-12-204.5, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 63N-12-202 is amended to read:
33          63N-12-202. Definitions.
34          As used in this part:
35          (1) "Board" means the STEM Action Center Board created in Section 63N-12-203.
36          (2) "Director" means the director appointed by the board to oversee the administration
37     of the STEM Action Center.
38          [(2)] (3) "Educator" [has the same meaning as] means the same as that term is defined
39     in Section 53A-6-103.
40          (4) "Foundation" means a foundation established as described in Subsections
41     63N-12-204(3) and (4).
42          (5) "Fund" means the STEM Action Center Foundation Fund created in Section
43     63N-12-204.5.
44          [(3)] (6) "High quality professional development" means professional development that
45     meets high quality standards developed by the State Board of Education.
46          [(4)] (7) "Office" means the Governor's Office of Economic Development.
47          [(5)] (8) "Provider" means a provider[,] selected [by staff of the board and staff of the
48     Utah State Board of Education, on behalf of the board] on behalf of the board by the staff of the
49     board and the staff of the State Board of Education:
50          (a) through a request for proposals process; or
51          (b) through a direct award or sole source procurement process for a pilot described in
52     Section 63N-12-206.
53          [(6)] (9) "STEM" means science, technology, engineering, and mathematics.
54          [(7)] (10) "STEM Action Center" means the center described in Section 63N-12-205.
55          Section 2. Section 63N-12-204 is amended to read:
56          63N-12-204. STEM Action Center Board -- Duties.

57          (1) The board shall:
58          (a) establish a STEM Action Center to:
59          (i) coordinate STEM activities in the state among the following stakeholders:
60          (A) the State Board of Education;
61          (B) school districts and charter schools;
62          (C) the State Board of Regents;
63          (D) institutions of higher education;
64          (E) parents of home-schooled students;
65          (F) other state agencies; and
66          (G) business and industry representatives;
67          (ii) align public education STEM activities with higher education STEM activities; and
68          (iii) create and coordinate best practices among public education and higher education;
69          (b) with the consent of the Senate, appoint a director to oversee the administration of
70     the STEM Action Center;
71          (c) select a physical location for the STEM Action Center;
72          (d) strategically engage industry and business entities to cooperate with the board:
73          (i) to support high quality professional development and provide other assistance for
74     educators and students; and
75          (ii) to provide private funding and support for the STEM Action Center;
76          (e) give direction to the STEM Action Center and the providers selected through a
77     request for proposals process pursuant to this part; and
78          (f) work to meet the following expectations:
79          (i) that at least 50 educators are implementing best practice learning tools in
80     classrooms;
81          (ii) performance change in student achievement in each classroom participating in a
82     STEM Action Center project; and
83          (iii) that students from at least 50 schools in the state participate in the STEM
84     competitions, fairs, and camps described in Subsection 63N-12-205(2)(d).
85          (2) The board may:
86          (a) enter into contracts for the purposes of this part;
87          (b) apply for, receive, and disburse funds, contributions, or grants from any source for

88     the purposes set forth in this part;
89          (c) employ, compensate, and prescribe the duties and powers of individuals necessary
90     to execute the duties and powers of the board;
91          (d) prescribe the duties and powers of the STEM Action Center providers; and
92          (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
93     make rules to administer this part.
94          (3) The board may establish a foundation to assist in:
95          (a) the development and implementation of the programs authorized under this part to
96     promote STEM education; and
97          (b) implementation of other STEM education objectives described in this part.
98          (4) A foundation established by the board under Subsection (3):
99          (a) may solicit and receive contributions from a private organization for STEM
100     education objectives described in this part;
101          (b) shall comply with [Title 51, Chapter 7, State Money Management Act] the
102     requirements described in Section 63N-12-204.5;
103          (c) does not have power or authority to incur contractual obligations or liabilities that
104     constitute a claim against public funds;
105          (d) may not exercise executive or administrative authority over the programs or other
106     activities described in this part, except to the extent specifically authorized by the board;
107          (e) shall provide the board with information detailing transactions and balances [of
108     funds managed for the board] associated with the foundation; and
109          (f) may not:
110          (i) engage in lobbying activities;
111          (ii) attempt to influence legislation; or
112          (iii) participate in any campaign activity for or against:
113          (A) a political candidate; or
114          (B) an initiative, referendum, proposed constitutional amendment, bond, or any other
115     ballot proposition submitted to the voters.
116          [(5) Money donated to a foundation established under Subsection (3) may be accounted
117     for in an expendable special revenue fund.]
118          Section 3. Section 63N-12-204.5 is enacted to read:

119          63N-12-204.5. STEM Action Center Foundation Fund.
120          (1) There is created an expendable special revenue fund known as the "STEM Action
121     Center Foundation Fund."
122          (2) The director shall administer the fund under the direction of the board.
123          (3) Money may be deposited into the fund from a variety of sources, including
124     transfers, grants, private foundations, individual donors, gifts, bequests, legislative
125     appropriations, and money made available from any other source.
126          (4) Money collected by a foundation described in Subsections 63N-12-204(3) and (4)
127     shall be deposited into the fund.
128          (5) Any portion of the fund may be treated as an endowment fund such that the
129     principal of that portion of the fund is held in perpetuity on behalf of the STEM Action Center.
130          (6) The state treasurer shall invest the money in the fund according to the procedures
131     and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest
132     or other earnings derived from those investments shall be deposited into the fund.
133          (7) The director, under the direction of the board, may expend money from the fund for
134     the purposes described in this part.
135          Section 4. Section 63N-12-210 is amended to read:
136          63N-12-210. Acquisition of STEM education high quality professional
137     development.
138          (1) The STEM Action Center [shall] may, through a request for proposals process,
139     select technology providers for the purpose of providing a STEM education high quality
140     professional development application.
141          (2) The high quality professional development application described in Subsection (1)
142     shall:
143          (a) allow the State Board of Education, a school district, or a school to define the
144     application's input and track results of the high quality professional development;
145          (b) allow educators to access automatic tools, resources, and strategies , including
146     instructional materials with integrated STEM content ;
147          (c) allow educators to work in online learning communities, including giving and
148     receiving feedback via uploaded video;
149          (d) track and report data on the usage of the components of the application's system

150     and the relationship to improvement in classroom instruction;
151          (e) include video examples of highly effective STEM education teaching that:
152          (i) cover a cross section of grade levels and subjects;
153          (ii) under the direction of the State Board of Education, include videos of highly
154     effective Utah STEM educators; and
155          (iii) contain tools to help educators implement what they have learned; and
156          (f) allow for additional STEM education video content to be added.
157          (3) In addition to the high quality professional development application described in
158     Subsections (1) and (2), the STEM Action Center may create STEM education hybrid or
159     blended high quality professional development that allows for face-to-face applied learning.