This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 19, 2021 at 11:19 AM by lpoole.
Representative Susan Pulsipher proposes the following substitute bill:





Chief Sponsor: Susan Pulsipher

Senate Sponsor: Lincoln Fillmore


9     General Description:
10          This bill enacts provisions related to legislation that affects reporting requirements for
11     local education agencies.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the State Board of Education to inform the Office of the Legislative Fiscal
15     Analyst when a bill impacts reporting requirements for local education agencies;
16     and
17          ▸     provides that the Office of the Legislative Fiscal Analyst shall disclose any impacts
18     to the bill's sponsor and, upon request, to any other legislator.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          36-12-13, as last amended by Laws of Utah 2018, Chapter 248

26          53E-3-507, as last amended by Laws of Utah 2020, Chapter 365

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 36-12-13 is amended to read:
30          36-12-13. Office of the Legislative Fiscal Analyst established -- Powers, functions,
31     and duties -- Qualifications.
32          (1) There is established an Office of the Legislative Fiscal Analyst as a permanent staff
33     office for the Legislature.
34          (2) The powers, functions, and duties of the Office of the Legislative Fiscal Analyst
35     under the supervision of the fiscal analyst are:
36          (a) (i) to estimate general revenue collections, including comparisons of:
37          (A) current estimates for each major tax type to long-term trends for that tax type;
38          (B) current estimates for federal fund receipts to long-term federal fund trends; and
39          (C) current estimates for tax collections and federal fund receipts to long-term trends
40     deflated for the inflationary effects of debt monetization; and
41          (ii) to report the analysis required under Subsection (2)(a)(i) to the Legislature's
42     Executive Appropriations Committee before each annual general session of the Legislature;
43          (b) to analyze in detail the state budget before the convening of each legislative session
44     and make recommendations to the Legislature on each item or program appearing in the
45     budget, including:
46          (i) funding for and performance of programs, acquisitions, and services currently
47     undertaken by state government to determine whether each department, agency, institution, or
48     program should:
49          (A) continue at its current level of expenditure;
50          (B) continue at a different level of expenditure; or
51          (C) be terminated; and
52          (ii) increases or decreases to spending authority and other resource allocations for the
53     current and future fiscal years;
54          (c) to prepare on all proposed bills fiscal estimates that reflect:
55          (i) potential state government revenue impacts;
56          (ii) anticipated state government expenditure changes;

57          (iii) anticipated expenditure changes for county, municipal, local district, or special
58     service district governments; and
59          (iv) anticipated direct expenditure by Utah residents and businesses, including the unit
60     cost, number of units, and total cost to all impacted residents and businesses;
61          (d) to indicate whether each proposed bill will impact the regulatory burden for Utah
62     residents or businesses, and if so:
63          (i) whether the impact increases or decreases the regulatory burden; and
64          (ii) whether the change in burden is high, medium, or low;
65          (e) beginning in 2017 and repeating every three years after 2017, to prepare the
66     following cycle of analyses of long-term fiscal sustainability:
67          (i) in year one, the joint revenue volatility report required under Section 63J-1-205;
68          (ii) in year two, a long-term budget for programs appropriated from major funds and
69     tax types; and
70          (iii) in year three, a budget stress test comparing estimated future revenue to and
71     expenditure from major funds and tax types under various potential economic conditions;
72          (f) to report instances in which the administration may be failing to carry out the
73     expressed intent of the Legislature;
74          (g) to propose and analyze statutory changes for more effective operational economies
75     or more effective administration;
76          (h) to prepare, before each annual general session of the Legislature, a summary
77     showing the current status of the following as compared to the past nine fiscal years:
78          (i) debt;
79          (ii) long-term liabilities;
80          (iii) contingent liabilities;
81          (iv) General Fund borrowing;
82          (v) reserves;
83          (vi) fund and nonlapsing balances; and
84          (vii) cash funded capital investments;
85          (i) to make recommendations for addressing the items described in Subsection (2)(h) in
86     the upcoming annual general session of the Legislature;
87          (j) to prepare, after each session of the Legislature, a summary showing the effect of

88     the final legislative program on the financial condition of the state;
89          (k) to conduct organizational and management improvement studies;
90          (l) to prepare and deliver upon request of any interim committee or the Legislative
91     Management Committee, reports on the finances of the state and on anticipated or proposed
92     requests for appropriations;
93          (m) to recommend areas for research studies by the executive department or the interim
94     committees;
95          (n) to appoint and develop a professional staff within budget limitations;
96          (o) to prepare and submit the annual budget request for the office;
97          (p) to develop a taxpayer receipt:
98          (i) available to taxpayers through a website; and
99          (ii) that allows a taxpayer to view on the website an estimate of how the taxpayer's tax
100     dollars are expended for government purposes; and
101          (q) to publish or provide other information on taxation and government expenditures
102     that may be accessed by the public.
103          (3) The legislative fiscal analyst shall have a master's degree in public administration,
104     political science, economics, accounting, or the equivalent in academic or practical experience.
105          (4) In carrying out the duties provided for in this section, the legislative fiscal analyst
106     may obtain access to all records, documents, and reports necessary to the scope of the
107     legislative fiscal analyst's duties according to the procedures contained in Title 36, Chapter 14,
108     Legislative Subpoena Powers.
109          (5) The Office of the Legislative Fiscal analyst shall provide any information the State
110     Board of Education reports in accordance with Subsection 53E-3-507(7) to:
111          (a) the chief sponsor of the proposed bill; and
112          (b) upon request, any legislator.
113          Section 2. Section 53E-3-507 is amended to read:
114          53E-3-507. Powers of the state board.
115          The state board:
116          (1) shall establish minimum standards for career and technical education programs in
117     the public education system;
118          (2) may apply for, receive, administer, and distribute funds made available through

119     programs of federal and state governments to promote and aid career and technical education;
120          (3) shall cooperate with federal and state governments to administer programs that
121     promote and maintain career and technical education;
122          (4) shall cooperate with the Utah Board of Higher Education, technical colleges, Salt
123     Lake Community College's School of Applied Technology, Snow College, Utah State
124     University Eastern, and Utah State University Blanding to ensure that students in the public
125     education system have access to career and technical education at technical colleges, Salt Lake
126     Community College's School of Applied Technology, Snow College, Utah State University
127     Eastern, and Utah State University Blanding;
128          (5) shall require that before a minor student may participate in clinical experiences as
129     part of a health care occupation program at a high school or other institution to which the
130     student has been referred, the student's parent has:
131          (a) been first given written notice through appropriate disclosure when registering and
132     prior to participation that the program contains a clinical experience segment in which the
133     student will observe and perform specific health care procedures that may include personal
134     care, patient bathing, and bathroom assistance; and
135          (b) provided specific written consent for the student's participation in the program and
136     clinical experience; [and]
137          (6) shall, after consulting with school districts, charter schools, the Utah Board of
138     Higher Education, technical colleges, Salt Lake Community College's School of Applied
139     Technology, Snow College, Utah State University Eastern, and Utah State University Blanding,
140     prepare and submit an annual report in accordance with Section 53E-1-203 detailing:
141          (a) how the career and technical education needs of secondary students are being met;
142     and
143          (b) the access secondary students have to programs offered:
144          (i) at technical colleges; and
145          (ii) within the regions served by Salt Lake Community College's School of Applied
146     Technology, Snow College, Utah State University Eastern, and Utah State University
147     Blanding[.]; and
148          (7) when the Office of the Legislative Fiscal Analyst requests information from the
149     board related to a fiscal note for a proposed bill, shall report to the Office of the Legislative

150     Fiscal Analyst, in addition to the other information requested, whether the proposed bill will
151     impact the reporting requirements for local education agencies and if so:
152          (a) whether the impact increases or decreases the reporting requirements; Ŝ→ [
and] ←Ŝ
153          (b) whether the change in requirements is high, medium, or low Ŝ→ [
.] ; and
153a          (c) the effect of the change in requirements on the amount and quality of information
153b     available to taxpayers, parents, and legislators. ←Ŝ