Senator Ann Millner proposes the following substitute bill:


1     
TALENT READY UTAH AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Rebecca P. Edwards

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Talent Ready Utah Center within the Governor's Office of
10     Economic Development (GOED).
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Talent Ready Utah Center within GOED;
15          ▸     creates the Talent Ready Utah Board within GOED;
16          ▸     describes the duties of the center and the board; and
17          ▸     requires that the Department of Workforce Services, the Governor's Office of
18     Economic Development, and the Governor's Office of Management and Budget
19     provide in their annual reports data and metrics that are consistent and comparable
20     for each state operation, activity, program, or service that primarily involves
21     employment training or placement, as determined by the executive directors of the
22     three departments or offices named above.
23     Money Appropriated in this Bill:
24          This bill appropriates in fiscal year 2019:
25          ▸     to the Governor's Office of Economic Development -- Talent Ready Utah Center as

26     a one-time appropriation:
27               •     from the General Fund, One-time, $75,000;
28          ▸     to the Governor's Office of Economic Development -- Talent Ready Utah Center as
29     an ongoing appropriation:
30               •     from the General Fund, $250,000; and
31          ▸     to the Department of Workforce Services -- Administration as a one-time
32     appropriation:
33               •     from the General Fund, $75,000.
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          35A-1-109, as enacted by Laws of Utah 2014, Chapter 371
39          35A-1-201, as last amended by Laws of Utah 2014, Chapter 371
40          63I-2-235, as last amended by Laws of Utah 2017, Chapter 420
41          63J-4-301, as last amended by Laws of Utah 2013, Chapter 310
42          63J-4-708, as enacted by Laws of Utah 2017, Chapter 253
43          63N-1-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
44          63N-1-301, as renumbered and amended by Laws of Utah 2015, Chapter 283
45          63N-12-202, as last amended by Laws of Utah 2017, Chapters 219 and 353
46     ENACTS:
47          35A-1-110, Utah Code Annotated 1953
48          63N-12-501, Utah Code Annotated 1953
49          63N-12-502, Utah Code Annotated 1953
50          63N-12-503, Utah Code Annotated 1953
51          63N-12-504, Utah Code Annotated 1953
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 35A-1-109 is amended to read:
55          35A-1-109. Annual report -- Content -- Format.
56          (1) The department shall prepare and submit to the governor and the Legislature, by

57     October 1 of each year, an annual written report of the operations, activities, programs, and
58     services of the department, including its divisions, offices, boards, commissions, councils, and
59     committees, for the preceding fiscal year.
60          (2) For each operation, activity, program, or service provided by the department, the
61     annual report shall include:
62          (a) a description of the operation, activity, program, or service;
63          (b) data and metrics:
64          (i) selected and used by the department to measure progress, performance,
65     effectiveness, and scope of the operation, activity, program, or service, including summary
66     data; and
67          (ii) that are consistent and comparable for each state operation, activity, program, or
68     service that primarily involves employment training or placement as determined by the
69     executive directors of the department, the Governor's Office of Economic Development, and
70     the Governor's Office of Management and Budget;
71          (c) budget data, including the amount and source of funding, expenses, and allocation
72     of full-time employees for the operation, activity, program, or service;
73          (d) historical data from previous years for comparison with data reported under
74     Subsections (2)(b) and (c);
75          (e) goals, challenges, and achievements related to the operation, activity, program, or
76     service;
77          (f) relevant federal and state statutory references and requirements;
78          (g) contact information of officials knowledgeable and responsible for each operation,
79     activity, program, or service; and
80          (h) other information determined by the department that:
81          (i) may be needed, useful, or of historical significance; or
82          (ii) promotes accountability and transparency for each operation, activity, program, or
83     service with the public and elected officials.
84          (3) The annual report shall be designed to provide clear, accurate, and accessible
85     information to the public, the governor, and the Legislature.
86          (4) The department shall:
87          (a) submit the annual report in accordance with Section 68-3-14; [and]

88          (b) make the annual report, and previous annual reports, accessible to the public by
89     placing a link to the reports on the department's website[.]; and
90          (c) provide the data and metrics described in Subsection (2)(b) to the Talent Ready
91     Utah Board created in Section 63N-12-503.
92          Section 2. Section 35A-1-110 is enacted to read:
93          35A-1-110. Employment training and placement metrics.
94          Before September 1, 2018, the department shall identify data and develop metrics to
95     measure the progress, performance, effectiveness, and scope of any state operation, activity,
96     program, or service that primarily involves employment training or placement to be reported
97     under Sections 35A-1-109, 63J-4-708, and 63N-1-301.
98          Section 3. Section 35A-1-201 is amended to read:
99          35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
100     Qualifications -- Responsibilities -- Deputy directors.
101          (1) (a) The chief administrative officer of the department is the executive director, who
102     is appointed by the governor with the consent of the Senate.
103          (b) The executive director serves at the pleasure of the governor.
104          (c) The executive director shall receive a salary established by the governor within the
105     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
106          (d) The executive director shall be experienced in administration, management, and
107     coordination of complex organizations.
108          (2) The executive director shall:
109          (a) administer and supervise the department in compliance with Title 67, Chapter 19,
110     Utah State Personnel Management Act;
111          (b) supervise and coordinate between the economic service areas and directors created
112     under Chapter 2, Economic Service Areas;
113          (c) coordinate policies and program activities conducted through the divisions and
114     economic service areas of the department;
115          (d) approve the proposed budget of each division, the Workforce Appeals Board, and
116     each economic service area within the department;
117          (e) approve all applications for federal grants or assistance in support of any
118     department program; [and]

119          (f) coordinate with the executive directors of the Governor's Office of Economic
120     Development and the Governor's Office of Management and Budget to review data and metrics
121     to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
122          [(f)] (g) fulfill such other duties as assigned by the Legislature or as assigned by the
123     governor that are not inconsistent with this title.
124          (3) The executive director may appoint deputy or assistant directors to assist the
125     executive director in carrying out the department's responsibilities.
126          (4) The executive director shall at least annually provide for the sharing of information
127     between the advisory councils established under this title.
128          Section 4. Section 63I-2-235 is amended to read:
129          63I-2-235. Repeal dates -- Title 35A.
130          (1) Section 35A-1-110 is repealed July 1, 2019.
131          [(1)] (2) Section 35A-3-208 is repealed July 1, 2019.
132          [(2)] (3) Subsection 35A-8-604(6) is repealed October 1, 2020.
133          Section 5. Section 63J-4-301 is amended to read:
134          63J-4-301. Duties of the executive director and office.
135          (1) The executive director and the office shall:
136          (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
137     Procedures Act;
138          (b) under the direct supervision of the governor, assist the governor in the preparation
139     of the governor's budget recommendations;
140          (c) advise the governor with regard to approval or revision of agency work programs as
141     specified in Section 63J-1-209;
142          (d) establish benchmarking practices for measuring operational costs, quality of
143     service, and effectiveness across all state agencies and programs;
144          (e) assist agencies with the development of an operational plan that uses continuous
145     improvement tools and operational metrics to increase statewide capacity and improve
146     interagency integration;
147          (f) review and assess agency budget requests and expenditures using a clear set of goals
148     and measures;
149          (g) develop and maintain enterprise portfolio and electronic information systems to

150     select and oversee the execution of projects, ensure a return on investment, and trace and report
151     performance metrics; [and]
152          (h) coordinate with the executive directors of the Department of Workforce Services
153     and the Governor's Office of Economic Development to review data and metrics to be reported
154     to the Legislature as described in Subsection 63J-4-708(2)(d); and
155          [(h)] (i) perform other duties and responsibilities as assigned by the governor.
156          (2) (a) The executive director of the Governor's Office of Management and Budget or
157     the executive director's designee is the Federal Assistance Management Officer.
158          (b) In acting as the Federal Assistance Management Officer, the executive director or
159     designee shall:
160          (i) study the administration and effect of federal assistance programs in the state and
161     advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
162     the Executive Appropriations Committee, of alternative recommended methods and procedures
163     for the administration of these programs;
164          (ii) assist in the coordination of federal assistance programs that involve or are
165     administered by more than one state agency; and
166          (iii) analyze and advise on applications for new federal assistance programs submitted
167     to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
168          Section 6. Section 63J-4-708 is amended to read:
169          63J-4-708. Reporting.
170          (1) On or before October 1, the board shall provide an annual written report to the
171     Social Services Appropriations Subcommittee [and], the Economic Development and
172     Workforce Services Interim Committee, and the Talent Ready Utah Board created in Section
173     63N-12-503.
174          (2) The written report shall include:
175          (a) information regarding the fiscal intermediary, the programmatic intermediary, the
176     eligible program provider, and the independent evaluator that have been selected;
177          (b) the results of the feasibility analysis conducted in accordance with Section
178     63J-4-706;
179          (c) information regarding how many eligible participants have been served by the
180     education, employability training, and workforce placement program;

181          (d) data and metrics:
182          (i) used to measure the progress, performance, effectiveness, and scope of the
183     Employability to Careers Program, including summary data; and
184          (ii) that are consistent and comparable for each state operation, activity, program, or
185     service that primarily involves employment training or placement as determined by the
186     executive directors of the office, the Department of Workforce Services, and the Governor's
187     Office of Economic Development;
188          [(d)] (e) a description of program expenses, including what payments have been made
189     to the intermediary and the cost to the state for each successful eligible participant outcome;
190     and
191          [(e)] (f) recommendations to the Legislature on any potential improvements to the
192     Employability to Careers Program, including whether the program should continue to receive
193     funding from the state.
194          Section 7. Section 63N-1-203 is amended to read:
195          63N-1-203. Powers and duties of executive director.
196          (1) Unless otherwise expressly provided by statute, the executive director may organize
197     the office in any appropriate manner, including the appointment of deputy directors of the
198     office.
199          (2) The executive director may consolidate personnel and service functions for
200     efficiency and economy in the office.
201          (3) The executive director, with the approval of the governor:
202          (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
203     Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
204          (b) may enter into a lawful contract or agreement with another state, a chamber of
205     commerce organization, a service club, or a private entity; and
206          (c) shall annually prepare and submit to the governor a budget of the office's financial
207     requirements.
208          (4) With the governor's approval, if a federal program requires the expenditure of state
209     funds as a condition for the state to participate in a fund, property, or service, the executive
210     director may expend necessary funds from money provided by the Legislature for the use of the
211     office.

212          (5) The executive director shall coordinate with the executive directors of the
213     Department of Workforce Services and the Governor's Office of Management and Budget to
214     review data and metrics to be reported to the Legislature as described in Subsection
215     63N-1-301(2)(b).
216          Section 8. Section 63N-1-301 is amended to read:
217          63N-1-301. Annual report -- Content -- Format.
218          (1) The office shall prepare and submit to the governor and the Legislature, by October
219     1 of each year, an annual written report of the operations, activities, programs, and services of
220     the office, including the divisions, sections, boards, commissions, councils, and committees
221     established under this title, for the preceding fiscal year.
222          (2) For each operation, activity, program, or service provided by the office, the annual
223     report shall include:
224          (a) a description of the operation, activity, program, or service;
225          (b) data and metrics:
226          (i) selected and used by the office to measure progress, performance, effectiveness, and
227     scope of the operation, activity, program, or service, including summary data; and
228          (ii) that are consistent and comparable for each state operation, activity, program, or
229     service that primarily involves employment training or placement as determined by the
230     executive directors of the office, the Department of Workforce Services, and the Governor's
231     Office of Management and Budget;
232          (c) budget data, including the amount and source of funding, expenses, and allocation
233     of full-time employees for the operation, activity, program, or service;
234          (d) historical data from previous years for comparison with data reported under
235     Subsections (2)(b) and (c);
236          (e) goals, challenges, and achievements related to the operation, activity, program, or
237     service;
238          (f) relevant federal and state statutory references and requirements;
239          (g) contact information of officials knowledgeable and responsible for each operation,
240     activity, program, or service; and
241          (h) other information determined by the office that:
242          (i) may be needed, useful, or of historical significance; or

243          (ii) promotes accountability and transparency for each operation, activity, program, or
244     service with the public and elected officials.
245          (3) The annual report shall be designed to provide clear, accurate, and accessible
246     information to the public, the governor, and the Legislature.
247          (4) The office shall:
248          (a) submit the annual report in accordance with Section 68-3-14; [and]
249          (b) make the annual report, and previous annual reports, accessible to the public by
250     placing a link to the reports on the office's website[.]; and
251          (c) provide the data and metrics described in Subsection (2)(b) to the Talent Ready
252     Utah Board created in Section 63N-12-503.
253          Section 9. Section 63N-12-202 is amended to read:
254          63N-12-202. Definitions.
255          As used in this part:
256          (1) "Board" means the STEM Action Center Board created in Section 63N-12-203.
257          (2) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in
258     computer science, information technology, or computer engineering courses and career options.
259          (3) "Director" means the director appointed by the board to oversee the administration
260     of the STEM Action Center.
261          (4) "Educator" means the same as that term is defined in Section 53A-6-103.
262          (5) "Foundation" means a foundation established as described in Subsections
263     63N-12-204(3) and (4).
264          (6) "Fund" means the STEM Action Center Foundation Fund created in Section
265     63N-12-204.5.
266          (7) "Grant program" means the Computing Partnerships Grants program created in this
267     part.
268          (8) "High quality professional development" means professional development that
269     meets high quality standards developed by the State Board of Education.
270          (9) "Institution of higher education" means an institution listed in Section 53B-1-102.
271          (10) "K-16" means kindergarten through grade 12 and post-secondary education
272     programs.
273          (11) "Office" means the Governor's Office of Economic Development.

274          (12) "Provider" means a provider selected on behalf of the board by the staff of the
275     board and the staff of the State Board of Education:
276          (a) through a request for proposals process; or
277          (b) through a direct award or sole source procurement process for a pilot described in
278     Section 63N-12-206.
279          (13) "Review committee" means the committee established under Section 63N-12-214.
280          (14) "Stacked credentials" means credentials that:
281          (a) an individual can build upon to access an advanced job or higher wage;
282          (b) are part of a career pathway system;
283          (c) provide a pathway culminating in the equivalent of an associate's or bachelor's
284     degree;
285          (d) facilitate multiple exit and entry points; and
286          (e) recognize sub-goals or momentum points.
287          (15) "STEM" means science, technology, engineering, and mathematics.
288          (16) "STEM Action Center" means the center described in Section 63N-12-205.
289          (17) "Talent Ready Utah" means [a partnership between the Governor's Office of
290     Economic Development, the Governor's Education Advisor, the Department of Workforce
291     Services, the Utah State Board of Education, the Utah System of Higher Education,
292     representatives of post-secondary technical education, industry partners, and the Utah STEM
293     Action Center] the Talent Ready Utah Center created in Section 63N-12-502.
294          Section 10. Section 63N-12-501 is enacted to read:
295     
Part 5. Talent Ready Utah Center

296          63N-12-501. Definitions.
297          As used in this part:
298          (1) "Center" means the Talent Ready Utah Center created in Section 63N-12-502.
299          (2) "Talent ready board" means the Talent Ready Utah Board created in Section
300     63N-12-503.
301          (3) "Workforce programs" means education or industry programs that facilitate training
302     the state's workforce to meet industry demand.
303          Section 11. Section 63N-12-502 is enacted to read:
304          63N-12-502. Talent Ready Utah Center.

305          (1) There is created within GOED the Talent Ready Utah Center.
306          (2) The executive director shall appoint a director of the center.
307          (3) The director of the center may appoint staff with the approval of the executive
308     director.
309          (4) The center shall coordinate with the talent ready board to:
310          (a) further education and industry alignment in the state;
311          (b) coordinate the development of new education programs that align with industry
312     demand;
313          (c) coordinate or partner with other state agencies to administer grant programs;
314          (d) promote the inclusion of industry partners in education;
315          (e) provide outreach and information to employers regarding workforce programs and
316     initiatives;
317          (f) develop and analyze stackable credential programs;
318          (g) determine efficiencies among workforce providers;
319          (h) map available workforce programs focusing on programs that successfully create
320     high-paying jobs; and
321          (i) support initiatives of the talent ready board.
322          Section 12. Section 63N-12-503 is enacted to read:
323          63N-12-503. Talent Ready Utah Board.
324          (1) There is created within GOED the Talent Ready Utah Board composed of the
325     following 13 members:
326          (a) the state superintendent of public instruction or the superintendent's designee;
327          (b) the commissioner of higher education or the commissioner of higher education's
328     designee;
329          (c) the commissioner of technical education or the commissioner of technical
330     education's designee;
331          (d) the executive director of the Department of Workforce Services or the executive
332     director of the department's designee;
333          (e) the executive director of GOED or the executive director's designee;
334          (f) the governor's education advisor or the advisor's designee;
335          (g) one member of the Senate, appointed by the president of the Senate;

336          (h) one member of the House of Representatives, appointed by the speaker of the
337     House of Representatives;
338          (i) the president of the Salt Lake Chamber or the president's designee;
339          (j) three representatives of private industry chosen by the talent ready board; and
340          (k) a representative of the technology industry chosen by the talent ready board.
341          (2) The talent ready board shall select a chair and vice chair from among the members
342     of the talent ready board.
343          (3) The talent ready board shall meet at least quarterly.
344          (4) Attendance of a majority of the members of the talent ready board constitutes a
345     quorum for the transaction of official talent ready board business.
346          (5) Formal action by the talent ready board requires the majority vote of a quorum.
347          (6) A member of the talent ready board:
348          (a) may not receive compensation or benefits for the member's service; and
349          (b) who is not a legislator may receive per diem and travel expenses in accordance
350     with:
351          (i) Section 63A-3-106;
352          (ii) Section 63A-3-107; and
353          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
354     63A-3-107.
355          (7) The talent ready board shall:
356          (a) (i) review and develop metrics to measure the progress, performance, effectiveness,
357     and scope of any state operation, activity, program, or service that primarily involves
358     employment training or placement; and
359          (ii) ensure that the metrics described in Subsection (7)(a) are consistent and
360     comparable for each state operation, activity, program, or service that primarily involves
361     employment training or placement;
362          (b) make recommendations to the center regarding how to better align training and
363     education in the state with industry demand;
364          (c) make recommendations to the center regarding how to better align technical
365     education with current and future workforce needs; and
366          (d) coordinate with the center to meet the responsibilities described in Subsection

367     63N-12-502(4).
368          Section 13. Section 63N-12-504 is enacted to read:
369          63N-12-504. Reporting.
370          The center shall prepare an annual report describing the center's operations and
371     recommendations for inclusion in GOED's annual written report described in Section
372     63N-1-301.
373          Section 14. Appropriation.
374          The following sums of money are appropriated for the fiscal year beginning July 1,
375     2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
376     fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
377     Act, the Legislature appropriates the following sums of money from the funds or accounts
378     indicated for the use and support of the government of the state of Utah.
379     ITEM 1
380          To Governor's Office of Economic Development -- Talent Ready Utah Center
381               From General Fund, One-time
$75,000

382               From General Fund
$250,000

383               Schedule of Programs:
384                    Talent Ready Utah Center                    $325,000
385     ITEM 2
386          To Workforce Services -- Administration
387               From General Fund, One-time
$75,000

388               Schedule of Programs:
389                    Administration                         $75,000