Senator Howard A. Stephenson proposes the following substitute bill:


1     
WORK-BASED LEARNING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Howard A. Stephenson

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Career and Technical Education Board.
10     Highlighted Provisions:
11          This bill:
12          ▸     moves the Career and Technical Education Board from the Department of
13     Workforce Services to the Governor's Office of Economic Development;
14          ▸     amends membership of the Career and Technical Education Board;
15          ▸     provides for the career and technical education board to study and make
16     recommendations related to work-based learning; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2018:
20          ▸     to the Governor's Office of Economic Development, as a one-time appropriation:
21               •     from the General Fund, $9,500.
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          63I-1-235, as last amended by Laws of Utah 2016, Chapter 43
27          63I-1-263, as last amended by Laws of Utah 2016, Chapters 65, 136, 156, 322, and 408
28     RENUMBERS AND AMENDS:
29          63N-12-401, (Renumbered from 35A-5-401, as enacted by Laws of Utah 2015, Chapter
30     273)
31          63N-12-402, (Renumbered from 35A-5-402, as last amended by Laws of Utah 2016,
32     Chapter 236)
33          63N-12-403, (Renumbered from 35A-5-403, as enacted by Laws of Utah 2015, Chapter
34     273)
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 63I-1-235 is amended to read:
38          63I-1-235. Repeal dates, Title 35A.
39          [(1)] Subsection 35A-4-312(5)(p) is repealed July 1, 2017.
40          [(2) Title 35A, Chapter 5, Part 4, Career and Technical Education Board, is repealed
41     July 1, 2018.]
42          Section 2. Section 63I-1-263 is amended to read:
43          63I-1-263. Repeal dates, Titles 63A to 63N.
44          (1) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
45          (2) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
46          (3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
47     1, 2018.
48          (4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
49     repealed November 30, 2019.
50          (5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
51     2020.
52          (6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
53     repealed July 1, 2021.
54          (7) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
55     2020.
56          (8) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.

57          (9) On July 1, 2025:
58          (a) in Subsection 17-27a-404(3)(c)(ii), the language that states "the Resource
59     Development Coordinating Committee," is repealed;
60          (b) Subsection 23-14-21(2)(c) is amended to read "(c) provide notification of proposed
61     sites for the transplant of species to local government officials having jurisdiction over areas
62     that may be affected by a transplant.";
63          (c) in Subsection 23-14-21(3), the language that states "and the Resource Development
64     Coordinating Committee" is repealed;
65          (d) in Subsection 23-21-2.3(1), the language that states "the Resource Development
66     Coordinating Committee created in Section 63J-4-501 and" is repealed;
67          (e) in Subsection 23-21-2.3(2), the language that states "the Resource Development
68     Coordinating Committee and" is repealed;
69          (f) Subsection 63J-4-102(1) is repealed and the remaining subsections are renumbered
70     accordingly;
71          (g) Subsections 63J-4-401(5)(a) and (c) are repealed;
72          (h) Subsection 63J-4-401(5)(b) is renumbered to Subsection 63J-4-401(5)(a) and the
73     word "and" is inserted immediately after the semicolon;
74          (i) Subsection 63J-4-401(5)(d) is renumbered to Subsection 63J-4-401(5)(b);
75          (j) Sections 63J-4-501, 63J-4-502, 63J-4-503, 63J-4-504, and 63J-4-505 are repealed;
76     and
77          (k) Subsection 63J-4-603(1)(e)(iv) is repealed and the remaining subsections are
78     renumbered accordingly.
79          (10) The Crime Victim Reparations and Assistance Board, created in Section
80     63M-7-504, is repealed July 1, 2017.
81          (11) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2017.
82          (12) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
83          (13) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
84     repealed January 1, 2021.
85          (b) Subject to Subsection (13)(c), Sections 59-7-610 and 59-10-1007 regarding tax
86     credits for certain persons in recycling market development zones, are repealed for taxable
87     years beginning on or after January 1, 2021.

88          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
89          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
90     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
91          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
92     the expenditure is made on or after January 1, 2021.
93          (d) Notwithstanding Subsections (13)(b) and (c), a person may carry forward a tax
94     credit in accordance with Section 59-7-610 or 59-10-1007 if:
95          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
96          (ii) (A) for the purchase price of machinery or equipment described in Section
97     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
98     2020; or
99          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
100     expenditure is made on or before December 31, 2020.
101          (14) Section 63N-2-512 is repealed on July 1, 2021.
102          (15) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
103     January 1, 2021.
104          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
105     calendar years beginning on or after January 1, 2021.
106          (c) Notwithstanding Subsection (15)(b), an entity may carry forward a tax credit in
107     accordance with Section 59-9-107 if:
108          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
109     31, 2020; and
110          (ii) the qualified equity investment that is the basis of the tax credit is certified under
111     Section 63N-2-603 on or before December 31, 2023.
112          (16) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed July
113     1, 2018.
114          (17) Title 63N, Chapter 12, Part 4, Career and Technical Education Board, is repealed
115     July 1, 2018.
116          Section 3. Section 63N-12-401, which is renumbered from Section 35A-5-401 is
117     renumbered and amended to read:
118     
Part 4. Career and Technical Education Board


119          [35A-5-401].      63N-12-401. Definitions.
120          As used in this part:
121          (1) "CTE" means career and technical education.
122          (2) "CTE Board" means the Career and Technical Education Board created in Section
123     [35A-5-402] 63N-12-402.
124          Section 4. Section 63N-12-402, which is renumbered from Section 35A-5-402 is
125     renumbered and amended to read:
126          [35A-5-402].      63N-12-402. Career and Technical Education Board creation
127     -- Membership.
128          (1) There is created the Career and Technical Education Board, within [the department]
129     GOED, composed of the following members:
130          (a) the state superintendent of public instruction or the state superintendent of public
131     instruction's designee;
132          (b) the commissioner of higher education or the commissioner of higher education's
133     designee;
134          (c) the [Utah College of Applied Technology] commissioner of technical education, as
135     defined in Section 53B-2a-101, or the [Utah College of Applied Technology] commissioner of
136     technical education's designee;
137          (d) the executive director of the [department] Department of Workforce Services or the
138     executive director of the department's designee;
139          (e) the executive director of [the Governor's Office of Economic Development] GOED
140     or the executive director of [the Governor's Office of Economic Development's] GOED's
141     designee;
142          (f) one member of the governor's staff, appointed by the governor;
143          (g) five private sector members, representing business or industry that employs
144     individuals who hold certificates issued by a CTE program, appointed by the governor;
145          (h) [a member] two members of the Senate, appointed by the president of the Senate;
146     and
147          (i) [a member] two members of the House of Representatives, appointed by the speaker
148     of the House of Representatives.
149          (2) The CTE Board shall select a chair and vice chair from among the members of the

150     CTE Board.
151          (3) The CTE Board shall meet at least quarterly.
152          (4) Attendance of a simple majority of the members of the CTE Board constitutes a
153     quorum for the transaction of official CTE Board business.
154          (5) Formal action by the CTE Board requires the majority vote of a quorum.
155          (6) A member of the CTE Board:
156          (a) may not receive compensation or benefits for the member's service; and
157          (b) who is not a legislator may receive per diem and travel expenses in accordance
158     with:
159          (i) Section 63A-3-106;
160          (ii) Section 63A-3-107; and
161          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
162     63A-3-107.
163          Section 5. Section 63N-12-403, which is renumbered from Section 35A-5-403 is
164     renumbered and amended to read:
165          [35A-5-403].      63N-12-403. Career and Technical Education Board --
166     Duties.
167          (1) The CTE Board shall conduct a comprehensive study of CTE in Utah that includes:
168          (a) an inventory of all CTE programs in Utah, including, for each CTE program:
169          (i) a description of the program;
170          (ii) the number of students the program has the capacity to serve each year;
171          (iii) the number of students the program has served since October 1, 2010, by school
172     year;
173          (iv) the number of certificates the program has issued since October 1, 2010, by school
174     year;
175          (v) a materials and equipment inventory for the program;
176          (vi) the amount of funding dedicated to the program;
177          (vii) the program's geographic location;
178          (viii) employment information for students who have completed the program since
179     October 1, 2010, if practical and feasible; and
180          (ix) the extent to which overlap or duplication exists between the program and other

181     CTE or private programs;
182          (b) a description of CTE funding in the state, including:
183          (i) the total amount of state CTE funding provided to:
184          (A) the public education system;
185          (B) the higher education system; and
186          (C) the Utah College of Applied Technology; and
187          (ii) for each CTE program:
188          (A) total CTE funding received; and
189          (B) the cost per student served;
190          (c) an assessment of Utah business and industry needs for employees with skills taught
191     in CTE classes, including:
192          (i) the number of current and anticipated jobs in Utah, by geographic region, and the
193     CTE skills required for the jobs;
194          (ii) the starting and average salary, by geographic region and type of CTE skills, for an
195     individual who has skills taught in a CTE program; and
196          (iii) the extent to which current CTE programs can meet the employment needs of Utah
197     business and industry; and
198          (d) any other information the CTE Board considers relevant to the study.
199          (2) In conducting the comprehensive study described in Subsection (1), the CTE Board
200     shall coordinate with the Office of the Legislative Auditor General and, to the extent possible,
201     use data collected by the Office of the Legislative Auditor General to complete the study.
202          (3) (a) The State Board of Education, State Board of Regents, and Utah College of
203     Applied Technology shall:
204          (i) provide data that the department requests for the study; and
205          (ii) coordinate with the department to conduct the study.
206          (b) Notwithstanding the requirements in Subsection (3)(a), the [board] State Board of
207     Education shall have discretion to gather and report information as part of the comprehensive
208     study of CTE that is readily accessible through current financial and data systems.
209          (4) The CTE Board may:
210          (a) contract with a third party, in accordance with Title 63G, Chapter 6a, Utah
211     Procurement Code, to conduct the comprehensive study described in Subsection (1); and

212          (b) as funding allows, hire staff.
213          (5) During 2017, the CTE Board shall study work-based learning, including:
214          (a) successful work-based learning programs or related programs in other states or
215     countries for high school students that successfully align career and technical education with
216     real-world skills, opportunities for high-paying jobs, and ongoing education opportunities upon
217     graduation;
218          (b) the potential benefits and challenges of a statewide work-based learning program
219     for high schools, including on-the-job training as part of a potential statewide program for high
220     school students; and
221          (c) the opportunities for and challenges of cooperation between government agencies
222     and the private business community in a statewide work-based learning program.
223          [(5)] (6) Based on the comprehensive study described in Subsection (1) and the study
224     of work-based learning described in Section (5), the CTE Board shall make written
225     recommendations to the Legislature related to:
226          [(a) CTE funding;]
227          [(b) CTE governance and administration;]
228          [(c) benchmarks or criteria for a CTE program to demonstrate that the CTE program
229     fills:]
230          [(i) an educational need for a student;]
231          [(ii) a school's need to offer a particular CTE program; or]
232          [(iii) an employment need for a Utah business or industry; and]
233          [(d) any other CTE related recommendations.]
234          (a) career and technical education; and
235          (b) work-based learning programs.
236          [(6)] (7) (a) On or before November 1, 2015, the CTE Board shall report on the
237     progress of the comprehensive study described in Subsection (1).
238          (b) On or before November 1, 2016, the CTE Board shall report on the final results of
239     the comprehensive study described in Subsection (1)[; and].
240          (c) On or before [November] October 1, 2017, the CTE Board shall prepare a written
241     report on the recommendations described in Subsection [(5)] (6).
242          (d) The CTE Board shall [make] provide the reports described in this Subsection [(6)]

243     (7) to:
244          (i) the Education Interim Committee;
245          (ii) the Executive Appropriations Committee;
246          (iii) the Economic Development and Workforce Services Interim Committee;
247          [(iii)] (iv) the governor;
248          [(iv)] (v) the State Board of Education;
249          [(v)] (vi) the State Board of Regents; and
250          [(vi)] (vii) the Utah College of Applied Technology Board of Trustees.
251          Section 6. Appropriation.
252          The following sums of money are appropriated for the fiscal year beginning July 1,
253     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
254     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
255     Act, the Legislature appropriates the following sums of money from the funds or accounts
256     indicated for the use and support of the government of the state of Utah.
257          To the Governor's Office of Economic Development
258               From General Fund, One-time
$9,500

259               Schedule of Programs:
260                    Administration                    $9,500
261          The Legislature intends that the Governor's Office of Economic Development use the
262     appropriation under this section to administer the Career and Technical Education Board
263     described in Title 63N, Chapter 12, Part 4, Career and Technical Education Board.