1     
EARLY CHILDHOOD AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Pulsipher

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     Committee Note:
9          The Economic Development and Workforce Services Interim Committee recommended
10     this bill.
11               Legislative Vote:     14 voting for     0 voting against     2 absent
12     General Description:
13          This bill addresses state programs and services for children in early childhood.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     repeals the Governor's Early Childhood Commission (the commission);
18          ▸     requires the Department of Health and Human Services to provide administrative
19     and staff support to the Early Childhood Utah Advisory Council (the council);
20          ▸     expands the duties of the council to include duties previously fulfilled by the
21     commission;
22          ▸     requires the council to report certain information to the executive officers of the
23     Department of Health and Human Services, the Department of Workforce Services,
24     and the State Board of Education;
25          ▸     extends the sunset date of the council from 2026 to 2029; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          26-66-102, as enacted by Laws of Utah 2019, Chapter 34
34          26-66-201, as enacted by Laws of Utah 2019, Chapter 34
35          26-66-202, as enacted by Laws of Utah 2019, Chapter 34
36          63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
37     347, and 451
38     ENACTS:
39          26-66-204, Utah Code Annotated 1953
40     REPEALS:
41          63M-13-101, as enacted by Laws of Utah 2019, Chapter 34
42          63M-13-102, as enacted by Laws of Utah 2019, Chapter 34
43          63M-13-201, as enacted by Laws of Utah 2019, Chapter 34
44          63M-13-202, as last amended by Laws of Utah 2020, Chapter 354
45          63M-13-203, as enacted by Laws of Utah 2019, Chapter 34
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 26-66-102 is amended to read:
49          26-66-102. Definitions.
50          As used in this chapter:
51          [(1) "Commission" means the Governor's Early Childhood Commission created in
52     Section 63M-13-201.]
53          [(2)] (1) "Council" means the Early Childhood Utah Advisory Council created in
54     Section 26-66-201.
55          (2) "Early childhood" refers to a child in the state who is eight years of age or younger.
56          (3) "State superintendent" means the state superintendent of public instruction
57     appointed under Section 53E-3-301.
58          Section 2. Section 26-66-201 is amended to read:
59          26-66-201. Creation of the Early Childhood Utah Advisory Council -- Duties of
60     the department.
61          (1) There is created the Early Childhood Utah Advisory Council.
62          (2) The department shall:
63          (a) make rules establishing the membership, duties, and procedures of the council in
64     accordance with the requirements of:
65          [(a)] (i) this chapter;
66          [(b)] (ii) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec.
67     9837b; and
68          [(c)] (iii) Title 63G, Chapter 3, Utah Administrative Rulemaking Act[.]; and
69          (b) provide necessary administrative and staff support to the council.
70          Section 3. Section 26-66-202 is amended to read:
71          26-66-202. Duties of the council.
72          (1) The duties of the council [shall serve as an entity dedicated to] include:
73          (a) improving and coordinating the quality of programs and services for children in
74     accordance with the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec.
75     9837b[.];
76          (b) supporting Utah parents and families by providing comprehensive and accurate
77     information regarding the availability of voluntary services for children in early childhood from
78     state agencies and other private and public entities;
79          (c) facilitating improved coordination between state agencies and community partners
80     that provide services to children in early childhood;
81          (d) sharing and analyzing information regarding early childhood issues in the state;
82          (e) providing recommendations to the department, the Department of Workforce
83     Services, and the State Board of Education regarding a comprehensive delivery system of
84     services for children in early childhood that addresses the following four areas:
85          (i) family support and safety;
86          (ii) health and development;
87          (iii) early learning; and
88          (iv) economic development; and
89          (f) identifying opportunities for and barriers to the alignment of standards, rules,
90     policies, and procedures across programs and agencies that support children in early childhood.
91          (2) To fulfill the duties described in Subsection (1), the council shall:
92          (a) directly engage with parents, families, community members, and public and private
93     service providers to identify and address:
94          (i) the quality, effectiveness, and availability of existing services for children in early
95     childhood and the coordination of those services;
96          (ii) gaps and barriers to entry in the provision of services for children in early
97     childhood; and
98          (iii) community-based solutions in improving the quality, effectiveness, and
99     availability of services for children in early childhood;
100          (b) seek regular and ongoing feedback from a wide range of entities and individuals
101     that use or provide services for children in early childhood, including entities and individuals
102     that use, represent, or provide services for any of the following:
103          (i) children in early childhood who live in urban, suburban, or rural areas of the state;
104          (ii) children in early childhood with varying socioeconomic backgrounds;
105          (iii) children in early childhood with varying ethnic or racial heritage;
106          (iv) children in early childhood from various geographic areas of the state; and
107          (v) children in early childhood with special needs;
108          (c) study, evaluate, and report on the status and effectiveness of policies, procedures,
109     and programs that provide services to children in early childhood;
110          (d) study and evaluate the effectiveness of policies, procedures, and programs
111     implemented by other states and nongovernmental entities that address the needs of children in
112     early childhood;
113          (e) identify policies, procedures, and programs that are impeding efforts to help
114     children in early childhood in the state and recommend changes to those policies, procedures,
115     and programs;
116          (f) identify policies, procedures, and programs related to children in early childhood in
117     the state that are inefficient or duplicative and recommend changes to those policies,
118     procedures, and programs;
119          (g) recommend policy, procedure, and program changes to address the needs of
120     children in early childhood;
121          (h) develop methods for using interagency information to inform comprehensive policy
122     and budget decisions relating to early childhood services; and
123          (i) develop strategies and monitor efforts concerning:
124          (i) increasing school readiness;
125          (ii) improving access to early child care and early education programs; and
126          (iii) improving family and community engagement in early childhood education and
127     development.
128          (3) In fulfilling the council's duties, the council may request and receive, from any state
129     or local governmental agency or institution, information relating to early childhood, including
130     reports, audits, projections, and statistics.
131          [(2) The council shall advise the commission and, on or before August 1, annually
132     provide to the commission:]
133          [(a) a statewide assessment concerning the availability of high-quality pre-kindergarten
134     services for children from low-income households; and]
135          [(b) a statewide strategic report addressing the activities mandated by the Improving
136     Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:]
137          [(i) identifying opportunities for and barriers to collaboration and coordination among
138     federally-funded and state-funded child health and development, child care, and early
139     childhood education programs and services, including collaboration and coordination among
140     state agencies responsible for administering such programs;]
141          [(ii) evaluating the overall participation of children in existing federal, state, and local
142     child care programs and early childhood health, development, family support, and education
143     programs;]
144          [(iii) recommending statewide professional development and career advancement plans
145     for early childhood educators and service providers in the state, including an analysis of the
146     capacity and effectiveness of programs at two- and four-year public and private institutions of
147     higher education that support the development of early childhood educators; and]
148          [(iv) recommending improvements to the state's early learning standards and
149     high-quality comprehensive early learning standards.]
150          [(3) On or before August 1, 2020, and at least every five years thereafter, the council
151     shall provide to the commission a statewide needs assessment concerning the quality and
152     availability of early childhood education, health, and development programs and services for
153     children in early childhood.]
154          Section 4. Section 26-66-204 is enacted to read:
155          26-66-204. Reports.
156          (1) (a) On or before August 1 of each year, the council shall provide an annual report to
157     the executive director, the executive director of the Department of Workforce Services, and the
158     state superintendent.
159          (b) The annual report shall include:
160          (i) a statewide assessment concerning the availability of high-quality pre-kindergarten
161     services for children from low-income households;
162          (ii) a statewide strategic report addressing the activities mandated by the Improving
163     Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
164          (A) identifying opportunities for and barriers to collaboration and coordination among
165     federally-funded and state-funded child health and development, child care, and early
166     childhood education programs and services, including collaboration and coordination among
167     state agencies responsible for administering such programs;
168          (B) evaluating the overall participation of children in existing federal, state, and local
169     child care programs and early childhood health, development, family support, and education
170     programs;
171          (C) recommending statewide professional development and career advancement plans
172     for early childhood educators and service providers in the state, including an analysis of the
173     capacity and effectiveness of programs at two- and four-year public and private institutions of
174     higher education that support the development of early childhood educators; and
175          (D) recommending improvements to the state's early learning standards and
176     high-quality comprehensive early learning standards; and
177          (iii) the recommendations described in Subsection 26-66-202(1)(e).
178          (2) In addition to the annual report described in Subsection (1)(a), on or before August
179     1, 2024, and at least every five years thereafter, the council shall provide to the executive
180     director, the executive director of the Department of Workforce Services, and the state
181     superintendent, a statewide needs assessment concerning the quality and availability of early
182     childhood education, health, and development programs and services for children in early
183     childhood.
184          Section 5. Section 63I-1-226 is amended to read:
185          63I-1-226. Repeal dates: Title 26 through 26B.
186          (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
187     1, 2025.
188          (2) Section 26-1-40 is repealed July 1, 2022.
189          (3) Section 26-1-41 is repealed July 1, 2026.
190          (4) Section 26-1-43 is repealed December 31, 2025.
191          (5) Section 26-7-10 is repealed July 1, 2025.
192          (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
193     2028.
194          (7) Section 26-7-14 is repealed December 31, 2027.
195          (8) Section 26-8a-603 is repealed July 1, 2027.
196          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
197     1, 2025.
198          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
199     is repealed July 1, 2026.
200          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
201     July 1, 2025.
202          [(12) Subsection 26-15c-104(3), relating to a limitation on the number of
203     microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.]
204          [(13)] (12) Subsection 26-18-2.6(9), which addresses reimbursement for dental
205     hygienists, is repealed July 1, 2028.
206          [(14)] (13) Section 26-18-27 is repealed July 1, 2025.
207          [(15)] (14) Section 26-18-28 is repealed June 30, 2027.
208          [(16)] (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
209     July 1, 2027.
210          [(17)] (16) Subsection 26-18-418(2), the language that states "and the Behavioral
211     Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
212          [(18)] (17) Section 26-33a-117 is repealed December 31, 2023.
213          [(19)] (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
214     2024.
215          [(20)] (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
216     1, 2024.
217          [(21)] (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
218     repealed July 1, 2024.
219          [(22)] (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
220     1, 2024.
221          [(23)] (22) Section 26-39-201, which creates the Residential Child Care Licensing
222     Advisory Committee, is repealed July 1, 2024.
223          [(24)] (23) Section 26-39-405, Drinking water quality in child care centers, is repealed
224     July 1, 2027.
225          [(25)] (24) Section 26-40-104, which creates the Utah Children's Health Insurance
226     Program Advisory Council, is repealed July 1, 2025.
227          [(26)] (25) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
228     Committee, is repealed July 1, 2025.
229          [(27)] (26) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
230     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
231          [(28)] (27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
232     July 1, [2026] 2029.
233          [(29)] (28) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
234     1, 2024.
235          [(30)] (29) Section 26-69-406 is repealed July 1, 2025.
236          [(31)] (30) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
237     Advisory Committee, is repealed July 1, 2024.
238          [(32)] (31) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee,
239     is repealed July 1, 2025.
240          Section 6. Repealer.
241          This bill repeals:
242          Section 63M-13-101, Title.
243          Section 63M-13-102, Definitions.
244          Section 63M-13-201, Creation of the Governor's Early Childhood Commission.
245          Section 63M-13-202, Duties of the commission.
246          Section 63M-13-203, Annual report.