Bill Summary – FastDemocracy

Enrolled Copy                                                                   S.B. 172
                        ECONOMIC DEVELOPMENT AMENDMENTS
                                       2019 GENERAL SESSION
                                            STATE OF UTAH
                                   Chief Sponsor: Ann Millner
                                  House Sponsor: Val L. Peterson
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 LONG TITLE
 General Description:
         This bill modifies provisions related to economic development.
 Highlighted Provisions:
         This bill:
         < moves the STEM Action Center from the Governor's Office of Economic
 Development to the Department of Heritage and Arts;
         < moves STEM education endorsements from the Governor's Office of Economic
 Development to the State Board of Education;
         < requires the Governor's Office of Economic Development to develop a written
 strategic plan;
         < creates the Utah Works Program within the Talent Ready Utah Center and describes
 the duties associated with the program; and
         < makes technical changes.
 Money Appropriated in this Bill:
         This bill appropriates in fiscal year 2020:
         < to the Governor's Office of Economic Development -- Talent Ready Utah Center --
 Utah Works Program, as a one-time appropriation:
             C     from the General Fund, $4,000,000; and
         < to the Governor's Office of Economic Development -- Talent Ready Utah Center --
 Utah Works Program, as an ongoing appropriation:
             C     from the General Fund, $1,000,000.
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 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        63N-1-301, as last amended by Laws of Utah 2018, Chapter 423
 ENACTS:
        63N-12-505, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        9-20-101, (Renumbered from 63N-12-201, as enacted by Laws of Utah 2015, Chapter
 283)
        9-20-102, (Renumbered from 63N-12-202, as last amended by Laws of Utah 2018,
 Chapters 415 and 423)
        9-20-103, (Renumbered from 63N-12-203, as last amended by Laws of Utah 2017,
 Chapter 382)
        9-20-104, (Renumbered from 63N-12-204, as last amended by Laws of Utah 2017,
 Chapter 353)
        9-20-105, (Renumbered from 63N-12-204.5, as enacted by Laws of Utah 2017, Chapter
 353)
        9-20-106, (Renumbered from 63N-12-205, as last amended by Laws of Utah 2016,
 Chapter 139)
        9-20-107, (Renumbered from 63N-12-206, as renumbered and amended by Laws of
 Utah 2015, Chapter 283)
        9-20-108, (Renumbered from 63N-12-207, as renumbered and amended by Laws of
 Utah 2015, Chapter 283)
        9-20-109, (Renumbered from 63N-12-208, as last amended by Laws of Utah 2015,
 Chapter 292 and renumbered and amended by Laws of Utah 2015, Chapter 283)
        9-20-110, (Renumbered from 63N-12-210, as last amended by Laws of Utah 2017,
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       Enrolled Copy                                                                       S.B. 172
 Chapter 353)
        9-20-111, (Renumbered from 63N-12-211, as renumbered and amended by Laws of
 Utah 2015, Chapter 283)
        9-20-112, (Renumbered from 63N-12-212, as last amended by Laws of Utah 2017,
 Chapter 382)
        9-20-113, (Renumbered from 63N-12-213, as last amended by Laws of Utah 2018,
 Chapter 415)
        9-20-114, (Renumbered from 63N-12-214, as enacted by Laws of Utah 2017, Chapter
 219)
        53E-6-903, (Renumbered from 63N-12-209, as last amended by Laws of Utah 2016,
 Chapter 139)
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 9-20-101, which is renumbered from Section 63N-12-201 is
 renumbered and amended to read:
                              CHAPTER 20. STEM ACTION CENTER
                                      Part 1. STEM Action Center
        [63N-12-201].          9-20-101. Title.
        This [part] chapter is known as the "STEM Action Center."
        Section 2. Section 9-20-102, which is renumbered from Section 63N-12-202 is
 renumbered and amended to read:
        [63N-12-202].          9-20-102. Definitions.
        As used in this [part] chapter:
        [(1) "Board" means the STEM Action Center Board created in Section 63N-12-203 .]
        [(2)] (1) "Computing partnerships" means a set of skills, knowledge, and aptitudes
 used in computer science, information technology, or computer engineering courses and career
 options.
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         [(3)] (2) "Director" means the director appointed by the STEM board to oversee the
 administration of the STEM Action Center.
         [(4)] (3) "Educator" means the same as that term is defined in Section 53E-6-102.
         [(5)] (4) "Foundation" means a foundation established as described in Subsections
 [63N-12-204(3) and (4)] 9-20-104(3) and (4).
         [(6)] (5) "Fund" means the STEM Action Center Foundation Fund created in Section
 [63N-12-204.5] 9-20-105.
         [(7)] (6) "Grant program" means the Computing Partnerships Grants program created
 in this part.
         [(8)] (7) "High quality professional development" means professional development that
 meets high quality standards developed by the State Board of Education.
         [(9)] (8) "Institution of higher education" means an institution listed in Section
 53B-1-102.
         [(10)] (9) "K-16" means kindergarten through grade 12 and post-secondary education
 programs.
         [(11) "Office" means the Governor's Office of Economic Development.]
         [(12)] (10) "Provider" means a provider selected on behalf of the STEM board by the
 staff of the STEM board and the staff of the State Board of Education:
         (a) through a request for proposals process; or
         (b) through a direct award or sole source procurement process for a pilot described in
 Section [63N-12-206] 9-20-107.
         [(13)] (11) "Review committee" means the committee established under Section
 [63N-12-214] 9-20-114.
         [(14)] (12) "Stacked credentials" means credentials that:
         (a) an individual can build upon to access an advanced job or higher wage;
         (b) are part of a career pathway system;
         (c) provide a pathway culminating in the equivalent of an associate's or bachelor's
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        Enrolled Copy                                                                             S.B. 172
 degree;
           (d) facilitate multiple exit and entry points; and
           (e) recognize sub-goals or momentum points.
           [(15)] (13) "STEM" means science, technology, engineering, and mathematics.
           [(16)] (14) "STEM Action Center" means the center described in Section [63N-12-205]
 9-20-106.
           (15) "STEM board" means the STEM Action Center Board created in Section
 9-20-103.
           [(17)] (16) "Talent Ready Utah" means the Talent Ready Utah Center created in
 Section 63N-12-502.
           Section 3. Section 9-20-103, which is renumbered from Section 63N-12-203 is
 renumbered and amended to read:
           [63N-12-203].          9-20-103. STEM Action Center Board creation --
 Membership.
           (1) There is created the STEM Action Center Board [within the office], composed of
 the following members:
           (a) six private sector members who represent business, appointed by the governor;
           (b) the state superintendent of public instruction or the state [superintendent of public
 instruction's] superintendent's designee;
           (c) the commissioner of higher education or the [commissioner of higher education's]
 commissioner's designee;
           (d) one member appointed by the governor;
           (e) a member of the State Board of Education, chosen by the chair of the State Board of
 Education;
           (f) the executive director of the [office or the executive director's designee] department
 or the executive director's designee;
           (g) the Utah System of Technical Colleges commissioner of technical education or the
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 [Utah System of Technical Colleges commissioner of technical education's] commissioner's
 designee;
        (h) the executive director of the Department of Workforce Services or the executive
 [director of the Department of Workforce Services'] director's designee; and
        (i) one member who has a degree in engineering and experience working in a
 government military installation, appointed by the governor.
        (2) (a) The private sector members appointed by the governor in Subsection (1)(a) shall
 represent a business or trade association whose primary focus is science, technology, or
 engineering.
        (b) Except as required by Subsection (2)(c), members appointed by the governor shall
 be appointed to four-year terms.
        (c) The length of terms of the members shall be staggered so that approximately half of
 the committee is appointed every two years.
        (d) The members may not serve more than two full consecutive terms except where the
 governor determines that an additional term is in the best interest of the state.
        (e) When a vacancy occurs in the membership for any reason, the replacement shall be
 appointed for the unexpired term.
        (3) Attendance of a simple majority of the members constitutes a quorum for the
 transaction of official committee business.
        (4) Formal action by the [committee] STEM board requires a majority vote of a
 quorum.
        (5) A member may not receive compensation or benefits for the member's service, but
 may receive per diem and travel expenses in accordance with:
        (a) Section 63A-3-106;
        (b) Section 63A-3-107; and
        (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (6) The governor shall select the chair of the [board] STEM board to serve a two-year
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       Enrolled Copy                                                                               S.B. 172
 term.
          (7) The executive director of the [office] department or the executive director's
 designee shall serve as the vice chair of the STEM board.
          Section 4. Section 9-20-104, which is renumbered from Section 63N-12-204 is
 renumbered and amended to read:
          [63N-12-204].         9-20-104. STEM Action Center Board -- Duties.
          (1) The STEM board shall:
          (a) establish a STEM Action Center to:
          (i) coordinate STEM activities in the state among the following stakeholders:
          (A) the State Board of Education;
          (B) school districts and charter schools;
          (C) the State Board of Regents;
          (D) institutions of higher education;
          (E) parents of home-schooled students;
          (F) other state agencies; and
          (G) business and industry representatives;
          (ii) align public education STEM activities with higher education STEM activities; and
          (iii) create and coordinate best practices among public education and higher education;
          (b) with the consent of the Senate, appoint a director to oversee the administration of
 the STEM Action Center;
          (c) select a physical location for the STEM Action Center;
          (d) strategically engage industry and business entities to cooperate with the STEM
 board:
          (i) to support high quality professional development and provide other assistance for
 educators and students; and
          (ii) to provide private funding and support for the STEM Action Center;
          (e) give direction to the STEM Action Center and the providers selected through a
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 request for proposals process pursuant to this part; and
         (f) work to meet the following expectations:
         (i) that at least 50 educators are implementing best practice learning tools in
 classrooms;
         (ii) performance change in student achievement in each classroom participating in a
 STEM Action Center project; and
         (iii) that students from at least 50 schools in the state participate in the STEM
 competitions, fairs, and camps described in Subsection [63N-12-205(2)(d)] 9-20-106(2)(d).
         (2) The STEM board may:
         (a) enter into contracts for the purposes of this part;
         (b) apply for, receive, and disburse funds, contributions, or grants from any source for
 the purposes set forth in this part;
         (c) employ, compensate, and prescribe the duties and powers of individuals necessary
 to execute the duties and powers of the STEM board;
         (d) prescribe the duties and powers of the STEM Action Center providers; and
         (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 make rules to administer this part.
         (3) The STEM board may establish a foundation to assist in:
         (a) the development and implementation of the programs authorized under this part to
 promote STEM education; and
         (b) implementation of other STEM education objectives described in this part.
         (4) A foundation established by the STEM board under Subsection (3):
         (a) may solicit and receive contributions from a private organization for STEM
 education objectives described in this part;
         (b) shall comply with the requirements described in Section [63N-12-204.5] 9-20-105;
         (c) does not have power or authority to incur contractual obligations or liabilities that
 constitute a claim against public funds;
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        Enrolled Copy                                                                           S.B. 172
        (d) may not exercise executive or administrative authority over the programs or other
 activities described in this part, except to the extent specifically authorized by the STEM board;
        (e) shall provide the STEM board with information detailing transactions and balances
 associated with the foundation; and
        (f) may not:
        (i) engage in lobbying activities;
        (ii) attempt to influence legislation; or
        (iii) participate in any campaign activity for or against:
        (A) a political candidate; or
        (B) an initiative, referendum, proposed constitutional amendment, bond, or any other
 ballot proposition submitted to the voters.
        Section 5. Section 9-20-105, which is renumbered from Section 63N-12-204.5 is
 renumbered and amended to read:
        [63N-12-204.5].         9-20-105. STEM Action Center Foundation Fund.
        (1) There is created an expendable special revenue fund known as the "STEM Action
 Center Foundation Fund."
        (2) The director shall administer the fund under the direction of the STEM board.
        (3) Money may be deposited into the fund from a variety of sources, including
 transfers, grants, private foundations, individual donors, gifts, bequests, legislative
 appropriations, and money made available from any other source.
        (4) Money collected by a foundation described in Subsections [63N-12-204(3)]
 9-20-104(3) and (4) shall be deposited into the fund.
        (5) Any portion of the fund may be treated as an endowment fund such that the
 principal of that portion of the fund is held in perpetuity on behalf of the STEM Action Center.
        (6) The state treasurer shall invest the money in the fund according to the procedures
 and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest
 or other earnings derived from those investments shall be deposited into the fund.
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         (7) The director, under the direction of the STEM board, may expend money from the
 fund for the purposes described in this part.
         Section 6. Section 9-20-106, which is renumbered from Section 63N-12-205 is
 renumbered and amended to read:
         [63N-12-205].          9-20-106. STEM Action Center.
         (1) [As funding allows, the board] The STEM board shall:
         (a) establish a STEM Action Center;
         (b) ensure that the STEM Action Center:
         (i) is accessible [by] to the public; and
         (ii) includes the components described in Subsection (2);
         (c) work cooperatively with the State Board of Education to:
         (i) further STEM education; and