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23
53E-10-310
53H-1-403
53H-11-416
53H-13-312
53H-15-101
53H-15-305
53H-15-306
63G-2-103
0
Workforce Development
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: Karen M. Peterson
LONG TITLE
General Description:
This bill establishes a statewide youth apprenticeship governance council and authorizes
participation in the federal Workforce Pell Grant program.
Highlighted Provisions:
This bill:
modifies definitions;
authorizes the governor to delegate approval authority for eligible workforce programs to
the Utah Board of Higher Education;
authorizes the Department of Workforce Services to provide wage record data to the Utah
Board of Higher Education;
authorizes the Utah Board of Higher Education to enter into interstate agreements;
provides governmental immunity;
classifies certain student data as protected records;
establishes the Statewide Youth Apprenticeship Governance Council to coordinate youth
apprenticeship programs across state agencies and education providers; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-10-310
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
53H-1-403
, as enacted by Laws of Utah 2025, First Special Session, Chapter 8
53H-15-101
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
63G-2-103
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
ENACTS:
53H-11-416
, Utah Code Annotated 1953
53H-13-312
, Utah Code Annotated 1953
53H-15-306
, Utah Code Annotated 1953
REPEALS AND REENACTS:
53H-15-305
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-10-310
is amended to read:
53E-10-310
. Utah first credential program.
(1)
As used in this section:
(a)
"Eligible institution" means an institution of higher education as defined in Section
53H-1-101
.
(b)
"First credential" means a certificate awarded by the state board to an eligible student
who meets the criteria described in Subsection
(7)
.
(c)
(i)
"Industry-recognized credential" means a credential that is:
(A)
developed and offered by, or endorsed by, a nationally recognized industry
association or organization representing a sizable portion of the industry sector;
(B)
sought or accepted by employers within the industry or sector as a recognized,
preferred, or required credential for recruitment, screening, hiring, retention, or
advancement purposes; and
(C)
regularly reviewed, updated, and validated by the issuing body to ensure
ongoing alignment with industry standards and labor market needs.
(ii)
"Industry-recognized credential" may also include a credential offered through a
catalyst center as described in Section
53E-3-507.1
.
(d)
"Master credential list" means the list of
approved industry-recognized
credentials
that meets the first credential certificate requirements described in Subsection
(7)
and
is
maintained by the state board in accordance with this section.
(e)
"Program" means the first credential program described in this section.
(f)
"Technical college" means the same as that term is defined in Section
53H-1-101
.
(2)
The commissioner of higher education, the state superintendent of public instruction,
and the governor's education advisor shall establish the First Credential Oversight
Committee comprised of:
(a)
representatives from industries, including:
(i)
members of professional associations or trade groups; and
(ii)
employers from high-demand sectors as the state board determines in
collaboration with the Utah Board of Higher Education and the Department of
Workforce Services;
(b)
representatives from education including:
(i)
members from the state board;
(ii)
the director of the Catalyst Center Grant Program described in Section
53E-3-507.1
;
(iii)
LEA administrators, such as a superintendent or charter school director;
(iv)
professionals from institutions of higher education, including technical colleges;
(v)
career and technical education specialists; and
(vi)
Talent Ready Utah; and
(c)
workforce development experts, including representatives from the Department of
Workforce Services.
(3)
The state board shall staff the First Credential Oversight Committee.
(4)
The First Credential Oversight Committee shall develop a first credential master plan,
which shall include:
(a)
a framework for developing and maintaining the master credential list;
(b)
a comprehensive needs assessment framework that evaluates:
(i)
resources available through institutions of higher education, including:
(A)
faculty expertise and availability;
(B)
facilities and equipment;
(C)
existing certification programs; and
(D)
potential for program expansion;
(ii)
industry partnership opportunities, including:
(A)
geographical proximity to potential partners;
(B)
willingness of local industries to participate;
(C)
capacity for work-based learning placements; and
(D)
alignment between industry needs and educational capabilities; and
(iii)
general resource availability, including:
(A)
current funding streams and potential funding sources;
(B)
existing technology infrastructure;
(C)
qualified personnel and staffing needs; and
(D)
professional development requirements;
(c)
credential approval processes;
(d)
methods for ensuring industry demand alignment;
(e)
wage considerations for occupations associated with approved credentials;
(f)
clear definitions of industry-recognized credentials;
(g)
strategies for promoting stackability and sequencing of credentials;
(h)
approaches to ensure regional relevance of credentials;
(i)
mechanisms for collaboration between educational institutions, industry partners, and
workforce development agencies;
(j)
strategies for continuous evaluation and improvement of the program;
(k)
the creation of a credentials review committee, including membership and duties;
(l)
in accordance with Subsection
(17)
, an established framework of planning,
implementation, and student outcome performance funding for an LEA administering
first credential programming;
(m)
a weighted system for the master credential list that:
(i)
assigns higher values to credentials based on:
(A)
alignment with high-demand, high-wage occupations;
(B)
incorporation of multiple learning pathways, including coursework,
apprenticeships, internships, work-based learning, and related service
opportunities;
(C)
industry recognition and portability; and
(D)
stackability with other credentials or degrees; and
(ii)
uses the weighted values to:
(A)
determine incentive funding levels;
(B)
prioritize program expansion support; and
(C)
guide student career planning; and
(n)
guidelines for LEAs to procure industry-recognized certification program licenses,
including:
(i)
verification that certifications appear on the master credential list;
(ii)
requirement for competency-based assessments in proctored environments;
(iii)
documentation of local industry endorsement; and
(iv)
alignment with state and federal computer science initiatives where applicable,
including the Computer Science for Utah Grant Program described in Section
53H-13-306
.
(5)
In accordance with the Utah First Credential Master Plan, the state board shall:
(a)
ensure that the credentials review committee membership reflects a balance of
perspectives and expertise;
(b)
develop an online application and submission system for credentialing organizations
and providers to submit programs for inclusion in the master credential list;
(c)
establish and maintain the master credential list based on the recommendations of the
credentials review committee;
(d)
develop clear mechanisms for students to understand how earning one credential can
lead to higher-level certifications or degrees; and
(e)
foster partnerships between high schools, technical colleges, employers, and
apprenticeship programs to ensure students have access to meaningful work-based
learning opportunities.
(6)
The state board shall:
(a)
automatically include on the initial master credential list any existing credential that:
(i)
meets the definition of industry-recognized credential under this section; and
(ii)
is currently recognized by the state board or Utah Board of Higher Education as
of July 1, 2024; and
(b)
review all automatically included credentials within one year to ensure ongoing
compliance with program requirements.
(7)
The state board shall award a first credential certificate to an eligible student who
completes one of the following:
(a)
concurrent enrollment courses, composed of:
(i)
between 12 and 18 core general education credits, or as industry standards dictate,
with courses from different general education categories; or
(ii)
a prescribed set of courses as the Utah Board of Higher Education designates;
(b)
an industry-recognized credential included on the master credential list;
(c)
300 hours of completion through a youth apprenticeship program that:
(i)
is described in Sections
35A-6-102
and
35A-6-104.5
; and
(ii)
includes courses that fulfill the requirements for an industry-recognized credential
included on the master credential list;
(d)
completion of a technical college certificate; or
(e)
completion of a Career and Technical Education Pathway program.
(8)
The Utah Board of Higher Education shall ensure that credits earned for a first
credential certificate are:
(a)
accepted and transferable to institutions of higher education, including technical
colleges;
(b)
applicable towards relevant degree programs; and
(c)
recognized by relevant industries as adequate preparation for employment.
(9)
Subject to legislative appropriations, the Utah Board of Higher Education shall award a
first credential scholarship to each student who earns a first credential certificate.
(10)
The first credential scholarship may be used at the following institutions:
(a)
an institution of higher education as defined in Section
53H-1-101
; or
(b)
a private, nonprofit college or university in the state that is accredited by the
Northwest Commission on Colleges and Universities.
(11)
The Utah Board of Higher Education shall annually determine the first credential
scholarship amount based on:
(a)
the number of eligible students; and
(b)
appropriations made by the Legislature.
(12)
A student may use the first credential scholarship for:
(a)
tuition and fees;
(b)
books and supplies; or
(c)
other educational expenses as the Utah Board of Higher Education determines.
(13)
The Utah Board of Higher Education shall ensure the scholarship is valid for use
within three years from the date the student graduates from high school.
(14)
A student may earn the first credential scholarship in addition to any other
state-sponsored scholarships for which the student may be eligible.
(15)
The first credential oversight committee shall present the master plan described in
Subsection
(4)
to the Education Interim Committee by the November 2025 interim
committee meeting.
(16)
Every three years, the First Credential Oversight Committee shall:
(a)
review the Utah First Credential Master Plan;
(b)
as needed, create a list of recommendations and update the Utah First Credential
Master Plan;
(c)
report the list of recommendations and the updated Utah First Credential Master Plan
to:
(i)
the state board;
(ii)
the Utah Board of Higher Education;
(iii)
the Department of Workforce Services;
(iv)
the Education Interim Committee; and
(v)
the Economic Development and Workforce Services Interim Committee.
(17)
(a)
The state board shall administer a first credential grant program for an LEA and
award a grant in accordance with the following process.
(b)
The First Credential Oversight Committee shall establish:
(i)
a needs assessment tool that evaluates:
(A)
an LEA's current first credential offering;
(B)
an LEA's capacity to develop or expand a first credential pathway;
(C)
resources and support needed for a first credential program, including
resources available through institutions of higher education, industry
partnership opportunities, and general resource availability; and
(D)
each potential barrier to implementation; and
(ii)
a continuum of need to place each applying LEA.
(c)
An LEA seeking a first credential grant shall submit to the First Credential Oversight
Committee:
(i)
a completed needs assessment; and
(ii)
a grant application that contains:
(A)
current first credential data, including current credentials offered;
(B)
preliminary goals for creating or expanding first credential opportunities
within the LEA; and
(C)
if applicable, plans for procurement of industry certification program licenses,
including certification details and alignment with master credential list,
documentation of employer endorsements, assessment and proctoring
procedures, and integration with existing computer science programs.
(d)
The First Credential Oversight Committee shall:
(i)
review each submitted application and needs assessment;
(ii)
assign the LEA a placement on the continuum of need; and
(iii)
provide to the LEA a specific requirement for an implementation plan based on:
(A)
the LEA's continuum placement;
(B)
each identified area for growth;
(C)
each available resource; and
(D)
each additional factor the First Credential Oversight Committee determines
relevant.
(e)
An LEA shall submit to the First Credential Oversight Committee an implementation
plan that includes:
(i)
specific goals for expanding a first credential opportunity;
(ii)
each implementation step and timeline;
(iii)
a detailed cost projection; and
(iv)
each additional element the committee requires based on the needs assessment
results.
(f)
The First Credential Oversight Committee shall:
(i)
review the implementation plan;
(ii)
direct technical assistance to the LEA in accordance with the LEA's
implementation plan;
(iii)
provide feedback to the LEA to improve the implementation plan;
(iv)
approve each implementation plan that meets the established criteria; and
(v)
award an implementation grant for each approved plan.
(g)
Subject to legislative appropriations, the state board shall:
(i)
award an incentive grant to an LEA that:
(A)
has implemented an approved plan;
(B)
increases the number of students who earn a first credential certificate; and
(C)
achieves each established implementation goal; and
(ii)
in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act,
and in collaboration with the First Credential Oversight Committee, establish by
rule:
(A)
tiers for incentive grant awards;
(B)
performance metrics for continued funding;
(C)
reporting requirements for a grant recipient;
(D)
requirements for reporting certification program outcomes and industry
alignment;
(E)
procedures for coordinating with computer science initiative grants; and
(F)
guidelines for certification program procurement and implementation.
(18)
In accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act, and in
collaboration with the Utah Board of Higher Education and the Department of
Workforce Services, the state board shall make rules to implement the provisions of this
section.
Section 2. Section
53H-1-403
is amended to read:
53H-1-403
. Other required reports to the Legislature or state level entities.
(1)
The following entities shall submit reports to the Education Interim Committee as
described in each referenced section:
(a)
the board shall submit:
(i)
an annual report regarding the board's activities and performance against the
board's goals and metrics as described in Section
53H-1-203
;
(ii)
an annual report detailing the board's progress and recommendations on
workforce related issues as described in Section
53H-1-203
;
(iii)
a report regarding an institution compensating a student athlete for the use of the
student athlete's name, image, or likeness as described in Section
53H-6-202
;
and
(iv)
an annual report regarding the talent advisory councils as described in Section
53H-13-309
;
(b)
the Office of Legislative Research and General Counsel shall provide a summary
regarding the data collected from campus expression climate surveys as described in
Section
53H-1-504
;
(c)
the Utah Education and Telehealth Network shall provide an annual report as
described in Section
53H-4-213.7
;
(d)
an institution with and without housing facilities shall provide an annual report
regarding crime statistics as described in Section
53H-7-603
;
(e)
the Center for Civic Excellence at Utah State University shall provide a report before
July 1, 2029, regarding implementation as described in Section
53H-4-307.6
;
(f)
the Rocky Mountain Center for Occupational and Environmental Health Advisory
Board shall provide by July 1 each year a report as described in Section
53H-5-205
;
(g)
the Utah Data Research Center shall provide an annual report as described in
Section
Sections
53H-15-303
and
53H-15-306
;
(h)
the Higher Education and Corrections Council shall provide an annual report as
described in Section
53H-1-604
;
and
(i)
the youth apprenticeship council shall provide the written report as described in
Section
53H-13-312
; and
(i)
(j)
the commissioner shall provide, in collaboration with the entities described in
Subsection
53H-13-405(1)
, an annual report regarding the cooperative education
program as described in Section
53H-13-407
.
(2)
The following entities shall submit reports to the Executive Appropriations Committee
as described in each referenced section:
(a)
the board shall submit:
(i)
in the September 2025 meeting, a report regarding institutions' strategic
reinvestment plans as described in Section
53H-8-210
; and
(ii)
in the September 2026 and 2027 meetings, a report regarding the progress of
institutions in executing the institutions' strategic reinvestment plan as described
in Section
53H-8-210
; and
(b)
the Nucleus Institute shall provide an annual report as described in Section
53H-16-406
.
(3)
The following entities shall submit reports to the Natural Resources, Agriculture, and
Environment Interim Committee as described in each referenced section:
(a)
the Utah State University Bingham Entrepreneurship and Energy Research Center
shall annually report as described in Section
53H-4-316
; and
(b)
the Utah State University Food Security Council shall prepare and submit an annual
written report as described in Section
53H-4-313
.
(4)
The following entities shall submit reports to the Economic Development and
Workforce Services Interim Committee as described in each referenced section:
(a)
the commissioner shall provide, in collaboration with the entities described in
Subsection
53H-13-405(1)
, an annual report regarding the cooperative education
program as described in Section
53H-13-407
;
(b)
Utah State University shall provide a report every three years regarding the remote
online opportunities program as described in Section
53H-4-312
;
(c)
the Utah State University Food Security Council shall prepare and submit an annual
written report as described in Section
53H-4-313
; and
(d)
the Nucleus Institute shall provide an annual report as described in Section
53H-16-406
.
(5)
The ASPIRE Engineering Research Center at Utah State University shall provide an
annual report to the Transportation and Infrastructure Appropriations Subcommittee as
described in Section
53H-4-306.6
.
(6)
The Utah Data Research Center shall provide an annual report to the Business and
Labor Interim Committee as described in Section
53H-15-305
53H-15-306
.
(7)
The board shall provide the following reports to state agencies and departments as
described in each referenced section:
(a)
to the Division of Facilities Construction and Management and others upon request,
an annual technical college lease report as described in Section
53H-9-602
;
(b)
to the Department of Veterans and Military Affairs, an annual report regarding
number of credits awarded as described in Section
53H-3-703
; and
(c)
to the Rules Review and General Oversight Committee, an annual report regarding
civil liberties complaints as described in Section
53H-7-303
.
(8)
The board shall provide to the general session of the Legislature for budget
recommendation purposes an annual report regarding:
(a)
waivers of tuition as described in Section
53H-11-307
; and
(b)
nonresident tuition scholarships as described in Section
53H-11-405
.
(9)
An institution shall provide the following reports as described in each referenced
section:
(a)
to the institution's governing board and published on the governing board's website,
the institution's required prohibited submissions described in Section
53H-1-502
;
(b)
to the board, disclosures of foreign gifts received as described in Section
53H-8-503
;
(c)
for a qualifying institution, to the board annually regarding the faculty incentive
component of the Engineering and Computer Science Initiative as described in
Section
53H-1-603
;
(d)
for a degree-granting institution:
(i)
to the board annually regarding post-tenured data as described in Section
53H-3-406
;
and
(ii)
to the board annually regarding technical education as described in Section
53H-3-609
;
(e)
for a technical college:
(i)
to the board annually regarding secondary student needs and access to programs as
described in Section
53H-3-1203
;
and
(ii)
to the board annually regarding annual leases as described in Section
53H-9-602
;
(f)
on a date the board determines for 2026 and 2027, regarding the institution's progress
in executing the institution's strategic reinvestment plan as described in Section
53H-8-210
;
(g)
in accordance with rules the board establishes, to the board annually regarding the
Opportunity scholarships awarded as described in Section
53H-11-402
;
(h)
in accordance with rules the board establishes, reports related to the promise grants
as described in Section
53H-11-414
;
(i)
to the board annually regarding credit for prior learning as described in Section
53H-3-702
; and
(j)
for an institution with or without housing facilities, an annual report regarding crime
statistics to the Law Enforcement and Criminal Justice Interim Committee as
described in Section
53H-7-603
.
(10)
An institution's board of trustees shall provide to the board annually a report regarding
any approved contracts or grants as described in Section
53H-8-208
.
(11)
The commissioner shall provide the following reports as described in each referenced
section:
(a)
an annual summary report regarding institutional matches for the faculty incentive
component of the Engineering and Computer Science Initiative as described in
Section
53H-1-603
; and
(b)
in collaboration with the entities described in Subsection
53H-13-405(1)
, an annual
report regarding the cooperative education program as described in Section
53H-13-407
to the Talent, Education, and Industry Alignment Board and the board.
(12)
The Talent Ready Utah Program shall provide an annual report to the board as
described in Section
53H-13-304
.
(13)
The Utah Works Program shall provide an annual report to the board as described in
Section
53H-13-307
.
(14)
The University of Utah shall provide an annual report to the governor regarding the
engineering experiment station as described in Section
53H-4-208
.
(15)
The Center for Civic Excellence at Utah State University vice provost shall annually
report to the provost, the president of the institution, and the commissioner as described
in Section
53H-4-307.6
.
Section 3. Section
53H-11-416
is enacted to read:
53H-11-416
. Workforce Pell Grant program -- State participation authorized.
(1)
As used in this section:
(a)
"Eligible workforce program" means an educational program that:
(i)
an institution of higher education offers; and
(ii)
the board approves for submission to the United States Secretary of Education for
consideration regarding participation in the federal Workforce Pell Grant program.
(b)
"Federal Workforce Pell Grant program" means the program that Section 401 of the
Higher Education Act of 1965, 20 U.S.C. Sec. 1070a, as amended, establishes to
provide federal Pell Grant assistance to students the federal government determines
are eligible and who enroll in eligible workforce programs.
(c)
"Secretary" means the United States Secretary of Education.
(d)
"Title IV programs" means federal student financial aid programs authorized under
Title IV of the Higher Education Act of 1965, 20 U.S.C. Sec. 1070 et seq., including
the federal Pell Grant program and the federal Workforce Pell Grant program.
(2)
The governor may delegate to the board, in consultation with the State Workforce
Development Board, the authority that federal law grants to the governor to approve
eligible workforce programs to submit to the secretary for consideration regarding
participation in the federal Workforce Pell Grant program.
(3)
The board shall:
(a)
receive applications from institutions of higher education that seek approval of
eligible workforce programs;
(b)
determine whether a program meets the requirements that federal law and regulations
establish for eligible workforce programs;
(c)
create an approved list of eligible programs to submit to the secretary for
consideration regarding participation in the federal Workforce Pell Grant program;
(d)
certify the eligibility of approved programs to the United States Secretary of
Education;
(e)
monitor programs that the board approves;
(f)
reapprove programs as federal regulations require; and
(g)
withdraw approval from programs that fail to meet federal or state requirements.
(4)
(a)
The board may limit the number of programs the board approves or the number of
institutions that may participate during any award year to ensure effective program
administration and quality control.
(b)
The commissioner of higher education acts as the board's designee to execute
certifications, agreements, and other documents that federal regulations require.
(c)
The board may contract with third-party vendors for data analysis, labor market
information, outcome tracking, or technical assistance necessary to perform the
board's duties under this section.
(5)
(a)
(i)
The Department of Workforce Services shall provide to the board, upon the
board's request, unemployment insurance wage record data that the board needs to:
(A)
calculate completion rates and job placement rates for eligible workforce
programs;
(B)
certify completion rates and job placement rates to the United States Secretary
of Education; and
(C)
verify student enrollment, completion, employment, and earnings for purposes
of administering Title IV programs.
(ii)
The Department of Workforce Services may contract with third-party vendors for
data analysis, technical assistance, or services necessary to perform the
department's duties under this section.
(b)
The board may request and a state agency may provide to the board administrative
data, including personally identifiable information, that the board needs to perform
the board's duties under this section.
(c)
The board shall:
(i)
use data the board receives under this Subsection
(5)
only for purposes this section
authorizes;
(ii)
maintain the confidentiality and security of personally identifiable information
the board receives;
(iii)
comply with federal and state privacy laws; and
(iv)
enter into data sharing agreements with state agencies that provide data under
this Subsection
(5)
.
(d)
The board may share data with the United States Secretary of Education, the United
States Secretary of Labor, or another state as federal law or an interstate agreement
requires, subject to applicable privacy protections.
(e)
An individual commits a class B misdemeanor if the individual knowingly or
intentionally:
(i)
discloses personally identifiable information the individual obtains under this
Subsection
(5)
for a purpose this section does not authorize;
(ii)
uses personally identifiable information the individual obtains under this
Subsection
(5)
for a purpose this section does not authorize; or
(iii)
accesses personally identifiable information the individual obtains under this
Subsection
(5)
without authorization.
(6)
The board may enter into agreements with another state to allow:
(a)
students who reside in the state to enroll in eligible workforce programs that the
other state approves; or
(b)
students who reside in the other state to enroll in eligible workforce programs that
the board approves.
(7)
The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a)
establish procedures for institutions of higher education to apply for approval of
eligible workforce programs;
(b)
establish criteria the board will use to determine whether a program meets federal
requirements for eligible workforce programs;
(c)
establish procedures for the board to consult with the State Workforce Development
Board before the board approves a program;
(d)
establish procedures for the board to calculate and certify completion rates and job
placement rates;
(e)
establish procedures for the board to monitor, reapprove, and withdraw approval of
programs;
(f)
require institutions that offer eligible workforce programs to disclose program
information to students; and
(g)
implement this section and comply with federal requirements.
(8)
(a)
The board, the commissioner of higher education, and employees of the board
acting within the scope of employment have immunity from suit for a decision the
board, the commissioner, or an employee makes or an action the board, the
commissioner, or an employee takes regarding:
(i)
approval or denial of an eligible workforce program;
(ii)
withdrawal of approval of an eligible workforce program;
(iii)
calculation or certification of completion rates or job placement rates; or
(iv)
any other discretionary function this section authorizes.
(b)
Subsection
(8)(a)
does not limit the immunity that Title 63G, Chapter 7,
Governmental Immunity Act of Utah, provides.
Section 4. Section
53H-13-312
is enacted to read:
53H-13-312
. Statewide Youth Apprenticeship Governance Council -- Creation --
Membership -- Duties -- Reporting.
(1)
There is created the Statewide Youth Apprenticeship Governance Council to strengthen
collaboration across agencies, create system alignment, and ensure shared accountability
for developing and sustaining youth apprenticeship programs in the state.
(2)
The youth apprenticeship council is composed of the following members:
(a)
the director of the talent program or the director's designee;
(b)
the state superintendent of public instruction or the superintendent's designee;
(c)
the commissioner or the commissioner's designee;
(d)
the executive director of the Department of Workforce Services or the executive
director's designee;
(e)
the executive director of the Governor's Office of Economic Opportunity or the
executive director's designee;
(f)
three representatives from industry who have experience in apprenticeship or
work-based learning programs, appointed by the talent board;
(g)
one representative from a local education agency, appointed by the State Board of
Education;
(h)
one representative from an institution of higher education, appointed by the board;
and
(i)
any additional individuals the youth apprenticeship council determines necessary to
fulfill the council's duties.
(3)
The youth apprenticeship council shall select a chair and vice chair from among the
members of the youth apprenticeship council.
(4)
The youth apprenticeship council shall meet at least quarterly.
(5)
Attendance of a majority of the members of the youth apprenticeship council constitutes
a quorum for the transaction of official youth apprenticeship council business.
(6)
Formal action by the youth apprenticeship council requires the majority vote of a
quorum.
(7)
A member of the youth apprenticeship council:
(a)
may not receive compensation or benefits for the member's service; and
(b)
who is not employed by the state may receive per diem and travel expenses in
accordance with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
(8)
The youth apprenticeship council shall:
(a)
clarify and define the roles and responsibilities of state agencies involved in youth
apprenticeship programs to:
(i)
minimize duplication of efforts; and
(ii)
ensure aligned action across the talent program, the State Board of Education, the
board, and the Department of Workforce Services;
(b)
develop and maintain:
(i)
a statewide operational definition of youth apprenticeship; and
(ii)
shared program quality standards to ensure local education agencies, institutions
of higher education, and participating employers are aligned on a consistent
program model;
(c)
coordinate cross-agency implementation structures by:
(i)
establishing regular cross-agency meetings;
(ii)
creating operational team structures; and
(iii)
developing decision-making processes to support consistent and coordinated
implementation statewide;
(d)
establish communication roles and protocols to:
(i)
define how agencies coordinate communication efforts;
(ii)
assign messaging responsibilities;
(iii)
identify appropriate communication channels and processes; and
(iv)
ensure consistency and avoid conflicting or duplicative outreach to students,
families, local education agencies, and employers;
(e)
develop and recommend statewide strategies for:
(i)
student incentives to support participation in youth apprenticeship programs; and
(ii)
employer incentives to encourage engagement in youth apprenticeship programs;
(f)
implement unified performance monitoring and integrated data systems by:
(i)
developing shared performance measures; and
(ii)
coordinating a data strategy to track participation, outcomes, and long-term
system impact;
(g)
develop coordinated communication and phased statewide implementation plans that:
(i)
establish consistent messaging across agencies;
(ii)
establish statewide priorities for which industry sectors to prioritize; and
(iii)
use workforce data and analysis of high-wage, in-demand careers to inform
prioritization; and
(h)
perform other duties as directed by the talent board to support the development and
sustainability of youth apprenticeship programs in the state.
(9)
The talent program shall provide staff support to the youth apprenticeship council.
(10)
The youth apprenticeship council shall report to the talent board:
(a)
on the activities and progress of the youth apprenticeship council; and
(b)
no less than twice each calendar year.
(11)
No later than November 1, 2027, the youth apprenticeship council shall submit a
written report to the Education Interim Committee and the Economic Development and
Workforce Services Interim Committee that includes:
(a)
recommendations on statewide funding needs for youth apprenticeship programs;
(b)
recommendations on employer incentive structures; and
(c)
a comprehensive statewide action plan for expanding youth apprenticeship
opportunities.
Section 5. Section
53H-15-101
is amended to read:
53H-15-101
. General provisions -- Definitions.
As used in this chapter:
(1)
"Advisory board" means the Utah Data Research Advisory Board created in Section
53H-15-203
.
(2)
"Center" means the Utah Data Research Center created in Section
53H-15-202
.
(3)
"Data" means any information about a person stored in a physical or electronic record.
(4)
"Data research program" means the data maintained by the center in accordance with
Section
53H-15-302
.
(5)
"De-identified data" means data about a person that cannot, without additional
information, identify the person to another person or machine.
(6)
"Director" means the director of the Utah Data Research Center created in Section
53H-15-202
.
(7)
"Office" means the Office of the Legislative Auditor General created in Section
36-12-15
.
(8)
"Participating entity" means:
(a)
the State Board of Education, which includes the director as defined in Section
53E-10-701
;
(b)
the board;
(c)
the Department of Workforce Services;
(d)
the Department of Health and Human Services; and
(e)
the Department of Commerce.
(9)
"Participating state agency" means a department, division, office, entity, agency, or
other unit of state government that provides data to the program described under Section
53H-15-305
.
(10)
"Personal data" means data as defined in Subsection
63A-19-101(24)
.
(9)
(11)
"Unique student identifier" means the same as that term is defined in Section
53E-4-308
.
Section 6. Section
53H-15-305
is repealed and reenacted to read:
53H-15-305
. Participating state agency access.
(1)
In addition to performing data research and responding to data research requests under
Section
53H-15-303
, the center shall maintain a program to support data collection,
analysis, exchange, and for operational transactional purposes among participating state
agencies to provide access to data to promote the improvement of public health,
education, safety, and well-being of the state's citizenry and improvement of the overall
efficiency of state agencies.
(2)
The director shall provide bi-annual updates to the advisory board about the program in
Subsection
(1)
.
(3)
The program described in Subsection
(1)
:
(a)
may collect, store, and process personal data as allowed under state and federal law;
(b)
shall include protections to prevent the unauthorized access, use, or redisclosure of
personal data; and
(c)
shall be considered a high-risk processing activity under Subsection
63A-19-101(17)
.
(4)
A participating state agency and the center shall include any contribution of personal
data to the program described in Subsection
(1)
in the applicable personal data collection
notice required under Section
63A-19-402
.
(5)
A participating state agency that chooses to contribute personal data to the program
described in Subsection
(1)
shall comply with:
(a)
guidelines established by the center; and
(b)
applicable state and federal data privacy laws.
(6)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
center may create rules to establish:
(a)
procedures for submitting personal data under this section;
(b)
procedures consistent with applicable federal and state data confidentiality and
privacy provisions to prevent the unauthorized access, use, or redisclosure of
personal data; and
(c)
any additional requirements needed to administer this section.
(7)
Before contributing personal data to the program described in Subsection
(1)
, a
participating state agency and the center shall enter into a written agreement that:
(a)
specifies the personal data that the participating state agency will share with the
center;
(b)
defines the purposes for which the center may use the personal data contributed by
the participating state agency; and
(c)
establishes timelines for disposing of personal data the participating state agency
discloses when:
(i)
the personal data is no longer needed for the program described in Subsection
(1)
;
or
(ii)
required by state or federal law.
(8)
The center may create a fee schedule in accordance with Section
63J-1-504
for
completing an operational transactional service.
(9)
Nothing in this section shall be construed as requiring an entity to provide personal data
to the program described in Subsection
(1)
.
(10)
The program described in Subsection
(1)
is not subject to Title 63G, Chapter 2,
Government Records Access and Management Act.
Section 7. Section
53H-15-306
is enacted to read:
53H-15-306
. Reporting.
(1)
The center shall report to the Education Interim Committee and Business and Labor
Interim Committee:
(a)
before July 1 of each year regarding the center's:
(i)
research and service priorities for the year;
(ii)
completed research from the previous year; and
(iii)
activities and accomplishments in the previous year; and
(b)
before December 1 of each year, the center's ongoing data research and service
priority list described in Subsection 53H-15-303(2).
(2)
The Education Interim Committee shall provide the center ongoing input regarding the
center's activities and data research priorities.
Section 8. Section
63G-2-103
is amended to read:
63G-2-103
. Definitions.
As used in this chapter:
(1)
"Audit" means:
(a)
a systematic examination of financial, management, program, and related records for
the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b)
a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes
and regulations.
(2)
"Chief administrative officer" means the chief administrative officer of a governmental
entity who is responsible to fulfill the duties described in Section
63A-12-103
.
(3)
"Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a)
the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b)
any arrests or jail bookings made by the agency.
(4)
"Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled,
protected, or exempt from disclosure under Subsection
63G-2-201(3)(b)
.
(5)
(a)
"Computer program" means:
(i)
a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of
data from the computer system; and
(ii)
any associated documentation and source material that explain how to operate the
computer program.
(b)
"Computer program" does not mean:
(i)
the original data, including numbers, text, voice, graphics, and images;
(ii)
analysis, compilation, and other manipulated forms of the original data produced
by use of the program; or
(iii)
the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms
of the original data were to be produced manually.
(6)
(a)
"Contractor" means:
(i)
any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii)
any private, nonprofit organization that receives funds from a governmental entity.
(b)
"Contractor" does not mean a private provider.
(7)
"Controlled record" means a record containing data on individuals that is controlled as
provided by Section
63G-2-304
.
(8)
"Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a
majority of records in a record series would be given if classified and the classification
that other records typically present in the record series would be given if classified.
(9)
"Elected official" means each person elected to a state office, county office, municipal
office, school board or school district office, special district office, or special service
district office, but does not include judges.
(10)
"Explosive" means a chemical compound, device, or mixture:
(a)
commonly used or intended for the purpose of producing an explosion; and
(b)
that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i)
an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii)
the resultant gaseous pressures are capable of:
(A)
producing destructive effects on contiguous objects; or
(B)
causing death or serious bodily injury.
(11)
"Government audit agency" means any governmental entity that conducts an audit.
(12)
(a)
"Governmental entity" means:
(i)
executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons
and Parole, the Board of Examiners, the National Guard, the Career Service
Review Office, the State Board of Education, the Utah Board of Higher
Education, and the State Archives;
(ii)
the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and
legislative committees, except any political party, group, caucus, or rules or sifting
committee of the Legislature;
(iii)
courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(iv)
any state-funded institution of higher education or public education; or
(v)
any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section
63G-2-701
, this chapter shall apply to the political subdivision to the extent
specified in Section
63G-2-701
or as specified in any other section of this chapter
that specifically refers to political subdivisions.
(b)
"Governmental entity" also means:
(i)
every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection
(12)(a)
that is funded or established
by the government to carry out the public's business;
(ii)
as defined in Section
11-13-103
, an interlocal entity or joint or cooperative
undertaking, except for the Water District Water Development Council created
pursuant to Section
11-13-228
;
(iii)
as defined in Section
11-13a-102
, a governmental nonprofit corporation;
(iv)
an association as defined in Section
53G-7-1101
;
(v)
the Utah Independent Redistricting Commission; and
(vi)
a law enforcement agency, as defined in Section
53-1-102
, that employs one or
more law enforcement officers, as defined in Section
53-13-103
.
(c)
"Governmental entity" does not include
:
(i)
the Utah Educational Savings Plan created in Section
53H-10-202
.
; or
(ii)
the Workforce Pell Grant program created in Section
53H-11-416
.
(13)
"Government Records Office" means the same as that term is defined in Section
63A-12-201
.
(14)
"Gross compensation" means every form of remuneration payable for a given period to
an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and
any similar benefit received from the individual's employer.
(15)
"Individual" means a human being.
(16)
(a)
"Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties
describing official actions initially taken in response to either a public complaint
about or the discovery of an apparent violation of law, which report may describe:
(i)
the date, time, location, and nature of the complaint, the incident, or offense;
(ii)
names of victims;
(iii)
the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv)
the general nature of any injuries or estimate of damages sustained in the incident;
(v)
the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi)
the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b)
"
Initial contact
reports do
report" does
not include follow-up or investigative reports
prepared after the initial contact report. However, if the information specified in
Subsection
(16)(a)
appears in follow-up or investigative reports, it may only be
treated confidentially if it is private, controlled, protected, or exempt from disclosure
under Subsection
63G-2-201(3)(b)
.
(c)
"
Initial contact
reports do
report" does
not include accident reports, as that term is
described in Title
41, Chapter 6a, Part 4
, Accident Responsibilities.
(17)
"Legislative body" means the Legislature.
(18)
"Notice of compliance" means a statement confirming that a governmental entity has
complied with an order of the director of the Government Records Office.
(19)
"Person" means:
(a)
an individual;
(b)
a nonprofit or profit corporation;
(c)
a partnership;
(d)
a sole proprietorship;
(e)
other type of business organization; or
(f)
any combination acting in concert with one another.
(20)
"Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(21)
"Private record" means a record containing data on individuals that is private as
provided by Section
63G-2-302
.
(22)
"Protected record" means a record that is classified protected as provided by Section
63G-2-305
.
(23)
"Public record" means a record that is not private, controlled, or protected and that is
not exempt from disclosure as provided in Subsection
63G-2-201(3)(b)
.
(24)
"Reasonable search" means a search that is:
(a)
reasonable in scope and intensity; and
(b)
not unreasonably burdensome for the government entity.
(25)
(a)
"Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of
physical form or characteristics:
(i)
that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii)
where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b)
"Record" does not include:
(i)
a personal note or personal communication prepared or received by an employee
or officer of a governmental entity:
(A)
in a capacity other than the employee's or officer's governmental capacity; or
(B)
that is unrelated to the conduct of the public's business;
(ii)
a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the
originator is working;
(iii)
material that is legally owned by an individual in the individual's private capacity;
(iv)
material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v)
proprietary software;
(vi)
junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii)
a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii)
material that is cataloged, indexed, or inventoried and contained in the
collections of a library open to the public, regardless of physical form or
characteristics of the material;
(ix)
a daily calendar
;
(x)
a note prepared by the originator for the originator's own use or for the sole use of
an individual for whom the originator is working;
(xi)
a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xii)
a note or internal memorandum prepared as part of the deliberative process by:
(A)
a member of the judiciary;
(B)
an administrative law judge;
(C)
a member of the Board of Pardons and Parole; or
(D)
a member of any other body, other than an association or appeals panel as
defined in Section
53G-7-1101
, charged by law with performing a
quasi-judicial function;
(xiii)
a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided
that the employee or officer of the governmental entity has designated at least one
business telephone number that is a public record as provided in Section
63G-2-301
;
(xiv)
information provided by the Public Employees' Benefit and Insurance Program,
created in Section
49-20-103
, to a county to enable the county to calculate the
amount to be paid to a health care provider under Subsection
17-63-706(2)(e)(ii)
;
(xv)
information that an owner of unimproved property provides to a local entity as
provided in Section
11-42-205
;
(xvi)
a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under
Section
67-5b-102
;
(xvii)
child sexual abuse material, as defined by Section
76-5b-103
;
(xviii)
before final disposition of an ethics complaint occurs, a video or audio
recording of the closed portion of a meeting or hearing of:
(A)
a Senate or House Ethics Committee;
(B)
the Independent Legislative Ethics Commission;
(C)
the Independent Executive Branch Ethics Commission, created in Section
63A-14-202
; or
(D)
the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
;
(xix)
confidential communication described in Section
58-60-102
,
58-61-102
, or
58-61-702
;
(xx)
any item described in Subsection
(25)(a)
that is:
(A)
described in Subsection
63G-2-305(17)
,
(18),
or
(23)(b)
; and
(B)
shared between any of the following entities:
(I)
the Division of Risk Management;
(II)
the Office of the Attorney General;
(III)
the governor's office; or
(IV)
the Legislature;
(xxi)
the email address that a candidate for elective office provides to a filing officer
under Subsection
20A-9-201(5)(c)(ii)
or
20A-9-203(4)(c)(iv)
; or
(xxii)
except as provided in Sections
31A-16-105
,
31A-16-107.5
, and
27a-3-303
, an
investment policy, or information related to an investment policy, provided to the
insurance commissioner as described in Title
31A, Chapter 18
, Investments.
(26)
"Record series" means a group of records that may be treated as a unit for purposes of
designation, description, management, or disposition.
(27)
"Records officer" means the individual appointed by the chief administrative officer of
each governmental entity, or the political subdivision to work with state archives in the
care, maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(28)
"Schedule," "scheduling," and their derivative forms mean the process of specifying
the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(29)
"Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and
Budget:
(a)
conducted:
(i)
by an institution within the state system of higher education described in Section
53H-1-102
; and
(ii)
through an office responsible for sponsored projects or programs; and
(b)
funded or otherwise supported by an external:
(i)
person that is not created or controlled by the institution within the state system of
higher education; or
(ii)
federal, state, or local governmental entity.
(30)
"State archives" means the Division of Archives and Records Service created in
Section
63A-12-101
.
(31)
"State archivist" means the director of the state archives.
(32)
"Summary data" means statistical records and compilations that contain data derived
from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 9.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-5-26 10:01 AM