Kansas 2023-2024 Regular Session

Kansas House Bill HB2292 Latest Draft

Bill / Enrolled Version Filed 04/24/2023

                            HOUSE BILL No. 2292
AN ACT concerning economic development; relating to workforce development programs 
to be administered by the secretary of commerce; enacting the Kansas apprenticeship 
act to promote and expand apprenticeships with Kansas businesses, nonprofit 
organizations, healthcare organizations and public schools by providing grants and 
tax credits for businesses, nonprofit organizations and healthcare organizations that 
offer apprenticeships and providing scholarship grants to aspiring teachers to obtain 
their professional degrees; promoting and expanding public and private professional 
engineering programs by providing matching grants for engineering student 
scholarships and other program development and expansion costs; creating the 
Kansas nonprofit apprenticeship grant program fund, the Kansas educator registered 
apprenticeship grant program fund and the engineering graduate incentive fund to be 
administered by the secretary of commerce.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 6, and amendments thereto, shall be 
known and may be cited as the Kansas apprenticeship act.
Sec. 2. For purposes of sections 1 through 6, and amendments 
thereto:
(a) "Act" means the Kansas apprenticeship act.
(b) "Apprentice" means a person who is a Kansas resident at least 
16 years of age, except where an older minimum age standard is 
otherwise fixed by law, and is employed in Kansas to learn an 
apprenticeable occupation as defined in 29 C.F.R. § 29.4. 
"Apprenticeship" includes a person who is compensated by a registered 
apprenticeship sponsor or a registered apprenticeship intermediary but 
whose apprenticeable work occurs under the supervision of an eligible 
employer.
(c) "Apprenticeship agreement" means a written agreement, 
meeting the requirements of 29 C.F.R. § 29.2, between an apprentice 
and either the apprentice's registered program sponsor or an 
apprenticeship intermediary acting as an agent for the program sponsor, 
that contains the terms and conditions of the employment and training 
of the apprentice.
(d) "Apprenticeship program" means a plan containing all terms 
and conditions for the qualification, recruitment, selection, employment 
and training of apprentices, as required under 29 C.F.R. § 29.4 and 29 
CFR § 30, including such matters as the requirement for a written 
apprenticeship agreement.
(e) "Eligible employer" means a business with a physical location 
in Kansas, authorized to conduct business in Kansas and subject to the 
Kansas income tax act that employs or supervises the work of an 
apprentice pursuant to a registered apprenticeship agreement and in 
accordance with a registered apprenticeship program. "Eligible 
employer" may include, but not be limited to, a for-profit eligible 
healthcare employer.
(f) "Eligible nonprofit employer" means an organization that is 
exempt from federal income taxation pursuant to section 501(c)(3) of 
the federal internal revenue code, with a physical location in Kansas 
and registered, if required by law, with the secretary of state that 
employs or supervises the work of an apprentice pursuant to a 
registered apprenticeship agreement and in accordance with a 
registered apprenticeship program. "Eligible nonprofit employer" may 
include, but not be limited to, a nonprofit eligible healthcare employer.
(g) "Eligible healthcare employer" means a hospital, long-term 
care facility or federally qualified healthcare center with a physical 
location in Kansas that is engaged in providing healthcare to Kansas 
residents and that employs or supervises the work of an apprentice 
pursuant to a registered apprenticeship agreement and in accordance 
with a registered apprenticeship program.
(h) "Intermediary" means any person, association, business, 
committee or organization acting as an agent for the program sponsor, 
pursuant to a registered apprenticeship plan, who has registered with 
the secretary.
(i) "Registered apprenticeship agreement" means an 
apprenticeship agreement that has been accepted and recorded by the 
office of apprenticeship of the employment and training administration  HOUSE BILL No. 2292—page 2
of the United States department of labor or the secretary as evidence of 
the apprentice's participation in a particular registered apprenticeship 
program.
(j) "Registered apprenticeship program" means an apprenticeship 
program that has been accepted and recorded by the office of 
apprenticeship of the employment and training administration of the 
United States department of labor or has been registered or approved 
by the secretary as meeting the basic standards and requirements of the 
United States department of labor for approval of such program.
(k) "Secretary" means the secretary of commerce or the secretary's 
designee, including the director of the office of registered 
apprenticeship or any successor, designated by the secretary of 
commerce to administer the provisions of this act.
(l) "Sponsor" means any person, association, business, committee 
or organization operating a registered apprenticeship program in whose 
name the program is registered or approved and who has registered 
with the secretary.
Sec. 3. (a) (1) For tax years commencing after December 31, 
2022, and ending before January 1, 2026, a credit shall be allowed 
against the income tax liability imposed upon an eligible employer 
pursuant to the Kansas income tax act that employs an apprentice 
pursuant to a registered apprenticeship agreement and in accordance 
with a registered apprenticeship plan for at least all or a portion of the 
probationary period, as defined for that apprenticeship in the registered 
apprenticeship program standards, work process schedule otherwise 
known as appendix A or as designated by the secretary, and so employs 
the apprentice at the time such probationary period is completed. The 
tax credit shall be claimed by such eligible employer for the taxable 
year in which the apprentice completed the probationary period while 
employed by such eligible employer or the taxable year next 
succeeding the calendar year in which the apprentice completed the 
probationary period while employed by such eligible employer, as 
determined by the secretary and set forth in the agreement with the 
secretary pursuant to subsection (d). Subsequent credits may be 
claimed for up to three successive calendar years, or portions thereof, 
next succeeding the date on which the probationary period of the 
apprentice was met, by any eligible employer who subsequently 
employs such apprentice in all or a portion of such year. Such credit 
shall be claimed by the eligible employer for the taxable year in which 
the apprentice was employed or the taxable year next succeeding the 
calendar year in which the apprentice was employed as determined by 
the secretary and set forth in the agreement with the secretary as 
provided by subsection (d). The amount of the credit shall be up to 
$2,500, as determined pursuant to paragraph (2), for each apprentice so 
employed and may be awarded for up to 20 apprentices employed in 
each taxable year per eligible employer. The credit shall not be awarded 
for employment of the same apprentice more than four times.
(2) The secretary of revenue, in consultation with the secretary, 
shall establish a scale reflecting ranges of wages and other expenditures 
an eligible employer has invested in an apprentice and a corresponding 
tax credit amount and shall award the tax credit in accordance with the 
scale. The credit shall be approved and issued pursuant to subsection 
(d).
(b) For tax years commencing after December 31, 2025, a credit 
shall be allowed against the income tax liability imposed upon an 
eligible employer pursuant to the Kansas income tax act that employs 
an apprentice pursuant to a registered apprenticeship agreement and in 
accordance with a registered apprenticeship plan for a continuous 
period of time constituting at least 25% of the apprenticeship time 
period required by the registered apprenticeship program. The credit 
shall be taken in the tax year next succeeding the calendar year in 
which the employment requirement to claim the credit is met. The 
credit may subsequently be taken in successive tax years based on up to 
a cumulative total of four successive calendar years of employment for  HOUSE BILL No. 2292—page 3
an individual apprentice. The amount of the credit shall be up to $2,750 
for each apprentice employed, not to exceed 20 such credits for 
apprenticeships in any taxable year per eligible employer. The secretary 
may authorize a credit for employment of less than a full calendar year 
pursuant to rules and regulations adopted by the secretary of 
commerce. The credit shall be approved and issued pursuant to 
subsection (d).
(c) (1) An eligible employer may be allowed a credit as provided 
by paragraph (2) that shall be in addition to a credit allowed for an 
apprentice pursuant to subsection (b) if the apprentice:
(A) Is enrolled in a secondary or postsecondary career and 
technical education program;
(B) is under 18 years of age at the time the credit is claimed;
(C) has been employed by the eligible employer for at least 90 
days; and
(D) is participating in:
(i) An apprenticeship program registered with the secretary and 
funded through the Carl D. Perkins career and technical education act 
of 2006, public law 109-270, as revised by the strengthening career and 
technical education for the 21
st
 century act, public law 115-224;
(ii) an adult basic education and literacy program funded under 
title II of the workforce innovation and opportunity act, public law 113-
128; or
(iii) a public workforce program funded under title I and title III of 
the workforce innovation and opportunity act, public law 113-128.
(2) Each such credit shall not exceed $500. The tax credit shall be 
claimed in the taxable year next succeeding the calendar year in which 
the requirements to claim the credit are met. An eligible employer shall 
not claim more than 10 credits under this subsection in a tax year. The 
credit shall be approved and issued pursuant to subsection (d).
(d) (1) Tax credits pursuant to subsections (a), (b) and (c) shall not 
be refundable or transferable. The credits may be claimed on a pro-rata 
basis by the owners of eligible employers that are entities taxed under 
subchapter S or K of the federal internal revenue code, limited liability 
companies or professional corporations authorized to do business in 
this state. The aggregate amount of all tax credits for all eligible 
employers issued pursuant to this section shall not exceed $7,500,000 
each taxable year. The aggregate amount of all tax credits for all 
eligible employers issued pursuant to this section in addition to all 
grants awarded pursuant to section 4, and amendments thereto, shall 
not exceed $10,000,000 each taxable year.
(2) To be eligible for a tax credit under this section, the eligible 
employer shall enter into an agreement regarding the employment of 
apprentices with the secretary on such terms and conditions as the 
secretary may require. The agreement shall set forth the amount per 
credit or amount of cumulative credits an employer may earn based on 
specified conditions or attainment of specified employment or training 
goals and any other conditions for such credits consistent with the 
purposes of this act. If applicable, the agreement shall set forth the 
relevant provisions of the scale provided by subsection (a)(2). The 
agreement shall also require that the eligible employer provide such 
information as required by the secretary or the secretary of revenue for 
purposes of substantiating eligibility for the tax credit, the development 
and expansion of apprenticeships in this state and the report required by 
subsection (g). Such agreements shall be made by the secretary with the 
goal of developing and expanding apprenticeships in this state. The 
secretary shall advise the secretary of revenue of the potential tax 
credits available to the eligible employer. The secretary shall consult 
with the secretary of revenue, the Kansas postsecondary technical 
education authority and educational institutions, technical schools, 
secondary schools, business or industry associations and other 
appropriate entities to coordinate implementation, administration and 
development of apprenticeship programs in this state, including through 
the use of tax credits as provided by this section. HOUSE BILL No. 2292—page 4
(3) If an agreement as required by paragraph (2) is approved by 
the secretary, the eligible employer shall submit such information in the 
manner and form as required by the secretary and the secretary of 
revenue to demonstrate eligibility for the credit each tax year a credit is 
claimed. No tax credit shall be awarded by the secretary of revenue 
unless the secretary of commerce has certified the eligible employer to 
the secretary of revenue as having met the requirements for such credit 
pursuant to this section and in compliance with all federal and state 
requirements for the registered apprenticeship program and registered 
apprenticeship agreement. To receive a credit, the eligible employer 
shall also meet the requirements of any rules and regulations of the 
secretary of revenue or the secretary of commerce.
(e) The participation of an employee with an apprenticeship 
program under this act and registration with the secretary shall not 
constitute union affiliation, unless the employee expressly elects to 
affiliate with a union.
(f) The secretary of commerce or the secretary of revenue may 
adopt rules and regulations as necessary to establish standards for 
participation and eligibility and to implement and administer this act.
(g) The secretary shall provide an annual report before January 31 
of each year to the house of representatives standing committee on 
commerce, labor and economic development and the senate standing 
committee on commerce to account for the effectiveness of the 
apprenticeship program under this act. The report shall include 
information regarding the number and type of eligible employers, 
eligible nonprofit employers and eligible healthcare employers the 
number and type of apprenticeships incentivized, the amount of tax 
credits and grants issued and the amounts issued per industry and per 
eligible employer, eligible nonprofit employers and eligible healthcare 
employers results of the program including information on the 
employment of individuals following participation in an apprenticeship 
program, the extent and nature of coordination and efforts with other 
entities to develop apprenticeship programs, the effect of such efforts 
and the tax credits and grants on apprenticeship program development 
and such other information as requested by the respective committees.
Sec. 4. (a) There is hereby established the Kansas nonprofit 
apprenticeship grant program. The secretary is authorized to develop 
and administer the program to award grants to eligible nonprofit 
employers and eligible nonprofit healthcare employers that employ an 
apprentice pursuant to a registered apprenticeship agreement and in 
accordance with a registered apprenticeship plan for the purpose of 
covering administrative costs of registered apprenticeship programs, 
including program development costs, costs of meeting reporting 
obligations and other administrative costs. To be eligible for such 
grants, an eligible nonprofit employer or eligible nonprofit healthcare 
employer shall enter into an agreement with the secretary to employ an 
apprentice for at least the same period of time as provided under 
section 3(a)(1) or (b), and amendments thereto, as applicable at the time 
the apprentice is employed, for an eligible employer to receive a tax 
credit. As provided for eligible employers by section 3(b), and 
amendments thereto, the secretary may authorize employment of an 
apprentice for less than a full year.
(b) Grants shall be awarded by the secretary in an amount of up to 
$2,750 per apprenticeship per taxable year, as determined by the 
secretary and set forth in the agreement pursuant to subsection (d), not 
to exceed four successive years. Grants shall be limited to not more 
than 20 per eligible nonprofit employer or per eligible nonprofit 
healthcare employer per taxable year.
(c) The secretary shall develop application procedures, forms and 
grant award terms, conditions and criteria in accordance with the 
purposes of the grant program. The secretary shall consult with 
appropriate state agencies, institutions, nonprofit organizations and 
associations, private healthcare associations, nonprofit Kansas 
healthcare providers and other appropriate entities in developing the  HOUSE BILL No. 2292—page 5
grant program and grant award criteria and priorities. Grants shall be 
awarded pursuant to an agreement with the eligible nonprofit employer 
or eligible nonprofit healthcare employer upon such terms and 
conditions as the secretary may require consistent with the purposes of 
the program. Such terms and conditions may include program 
development, employment or training goals in addition to specified 
employment requirements with respect to an apprentice or apprentices.
(d) There is hereby established in the state treasury the Kansas 
nonprofit apprenticeship grant program fund to be administered by the 
secretary of commerce. All moneys credited to such fund shall be used 
to provide grants for the administration of apprenticeship programs by 
eligible nonprofit employers and eligible nonprofit healthcare 
employers in the state of Kansas as provided by this section and the 
administration of such fund. All expenditures from such fund shall be 
made in accordance with the provisions of appropriation acts and upon 
warrants of the director of accounts and reports issued pursuant to 
vouchers approved by the secretary of commerce or the secretary's 
designee.
(e) Subject to appropriation acts, on July 1, 2023, and each July 1 
thereafter, the director of accounts and reports shall transfer $2,500,000 
from the state general fund to the Kansas nonprofit apprenticeship grant 
program fund. Any unencumbered balance in such fund at the end of a 
fiscal year shall remain credited to the fund for use in the succeeding 
fiscal year, except that such unencumbered balance at the end of the 
fiscal year to remain credited to the fund for use in the succeeding 
fiscal year shall not exceed $2,500,000. On June 30, 2024, and each 
June 30 thereafter, the director of accounts and reports shall transfer the 
amount, if any, of unencumbered moneys in the fund in excess of 
$2,500,000 to the state general fund. The amount of all tax credits 
issued to all eligible employers pursuant to section 3, and amendments 
thereto, in addition to the amount of all grants issued pursuant to this 
section, shall not exceed a total aggregate amount of $10,000,000 in 
each taxable year, as provided by section 3(d)(1), and amendments 
thereto.
Sec. 5. For purposes of sections 5 and 6, and amendments thereto:
(a) "Applicant school" means a school district organized and 
operating under the laws of this state, acting independently or as part of 
a consortia with other school districts that seeks to engage in a 
registered education apprenticeship program.
(b) "Candidate" means a paraeducator or other person employed 
by a school district who seeks to become a licensed teacher and who 
currently does not possess such a license.
(c) "Education apprentice" means a person who is a Kansas 
resident at least 16 years of age, except where an older minimum age 
standard is otherwise fixed by law, is a candidate, has been selected to 
participate in a registered education apprenticeship program by an 
applicant school and is employed to learn the apprenticeable 
occupation, as defined in 29 C.F.R. § 29.4, of teaching. 
(d) "Eligible related training instruction provider" means an 
institution of higher education that provides a teacher preparation 
program and is:
(1) A state educational institution under the control and 
supervision of the board of regents;
(2) a municipal university;
(3) any not-for-profit institution of postsecondary education with 
its main campus or principal place of operation in Kansas, is operated 
independently and not controlled or administered by any state agency 
or subdivision of the state, maintains open enrollment and is accredited 
by a nationally recognized accrediting agency for higher education in 
the United States; or
(4) a not-for-profit independent institution of higher education 
which is accredited by an institutional accrediting agency recognized 
by the United States department of education, is operated 
independently and not controlled or administered by the state or any  HOUSE BILL No. 2292—page 6
agency or subdivision thereof, maintains open enrollment, offers online 
education, offers exclusively competency-based education programs 
and has been granted accreditation for its teacher licensure programs by 
the council for the accreditation of educator preparation and the 
association for advancing quality in educator preparation.
(e) "Registered education apprenticeship program" means an 
apprenticeship program, as defined in section 1, and amendments 
thereto, that is a registered apprenticeship program, as defined in 
section 1, and amendments thereto, of an applicant school for the 
profession of teaching that provides candidates combined classroom 
and on the job training under the direct supervision of a licensed 
professional teacher and has been approved by the secretary.
(f) "Secretary" means the secretary of commerce or the secretary's 
designee, including the director of the office of registered 
apprenticeship or any successor, designated by the secretary to 
administer the provisions of this act.
Sec. 6. (a) There is hereby established the Kansas educator 
registered apprenticeship grant program. The commissioner of 
education, state board of education and the secretary shall coordinate to 
develop the program and obtain such necessary approval and 
registration of education apprenticeship programs as provided by 
federal and state law. The secretary shall administer the grant program.
(b) The Kansas educator registered apprenticeship program shall 
be established to award grants to education apprentices for tuition, fees, 
books and materials to obtain their postsecondary degrees for the 
purpose of increasing the number of qualified, credentialed teachers in 
the state of Kansas. The program shall seek to identify a diverse group 
of candidates to participate as education apprentices in a registered 
education apprenticeship program or programs and obtain a bachelor's 
degree in education, secure licensure and engage in the profession of 
teaching in Kansas. Grants shall be awarded by the secretary upon 
approval of the registered education apprenticeship program of an 
applicant school by the secretary as compliant with all applicable 
federal and state law.
(c) On or before March 1, 2024, the state board of education and 
the secretary shall coordinate to adopt rules and regulations to 
implement and administer the Kansas educator registered 
apprenticeship grant program. Such rules and regulations shall 
establish:
(1) Application procedures, forms and terms and conditions and 
requirements for an award of a Kansas educator registered 
apprenticeship program grant to an education apprentice by the 
secretary;
(2) the terms, conditions and requirements for acceptance by the 
secretary of an applicant school into the Kansas educator registered 
apprenticeship program. The applicant school's registered education 
apprenticeship program design shall include the following 
requirements:
(A) Applicant schools shall partner with at least one eligible 
related training instruction provider and identify such provider in their 
application; and
(B) applicant schools shall identify projected candidates in the 
manner designated by the secretary of commerce and the state board 
with appropriate protections for candidate privacy;
(3) grant funds shall be used for payment of education apprentice 
tuition, fees and the cost of books and materials up to a maximum of 
$2,750 per year for four years, or completion of their academic 
program, whichever comes first;
(4) prioritization for applications from applicant schools 
partnering with eligible related training instruction providers that 
permit the apprentice to continue their current employment by utilizing 
flexible learning models such as online delivery, competency-based 
education or courses offered on nights or weekends; and
(5) a method to award grants equitably across the state  HOUSE BILL No. 2292—page 7
geographically.
(d) The commissioner of education, the state board of education 
and the secretary shall, beginning in 2025, annually evaluate the 
Kansas educator registered apprenticeship program grant and prepare 
and submit a report before January 31, 2026, and before January 31 of 
each year thereafter, to the senate standing committee on education and 
the standing committee on commerce and to the house of 
representatives standing committee on education and the standing 
committee on commerce, labor and economic development.
(e) Subject to appropriation acts, on July 1, 2023, and each July 1 
thereafter, the director of accounts and reports shall transfer $3,000,000 
from the state general fund to the Kansas educator registered 
apprenticeship grant program fund. Any unencumbered balance in such 
fund at the end of a fiscal year shall remain credited to the fund for use 
in the succeeding fiscal year, except that the amount of such 
unencumbered balance at the end of the fiscal year to remain credited 
to the fund for use in the succeeding fiscal year shall not exceed 
$3,000,000. On June 30, 2024, and each June 30 thereafter, the director 
of accounts and reports shall transfer the amount, if any, of 
unencumbered moneys in the fund in excess of $3,000,000 to the state 
general fund.
(f) There is hereby created in the state treasury the Kansas 
educator registered apprenticeship grant program fund, which shall be 
administered by the secretary. All expenditures from the Kansas 
educator registered apprenticeship grant program fund shall be for 
grants awarded pursuant to the Kansas educator registered 
apprenticeship grant program. All expenditures from the Kansas 
educator registered apprenticeship grant program fund shall be made in 
accordance with appropriation acts upon warrants of the director of 
accounts and reports issued pursuant to vouchers approved by the 
secretary, or the secretary's designee. All moneys received by the 
secretary for the Kansas educator registered apprenticeship grant 
program shall be deposited in the state treasury in accordance with the 
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt 
of each such remittance, the state treasurer shall deposit the entire 
amount in the state treasury to the credit of the Kansas educator 
registered apprenticeship grant program fund.
Sec. 7. As used in this section and section 8, and amendments 
thereto:
(a) "Eligible institution of higher education" means:
(1) (A) A state educational institution as defined in K.S.A. 76-711, 
and amendments thereto; or
(B) any private, independent college with its primary location in 
Kansas that is a member of the Kansas independent college association 
as of July 1, 2023; and
(2) that has an engineering program accredited by the 
accreditation board for engineering and technology.
(b) "Engineering program" or "accredited engineering program" 
means an engineering program accredited by the accreditation board for 
engineering and technology and includes, but is not limited to, a 
program in computer engineering or computer science.
(c) "Qualified eligible institution of higher education" means an 
eligible institution of higher education that has certified to the secretary 
that, in the immediately preceding academic year, at least the following 
number of students have graduated with baccalaureate degrees from an 
engineering program or programs with respect to each institution:
(1) Kansas state university, 586 graduates;
(2) university of Kansas, 419 graduates;
(3) Wichita state university, 360 graduates;
(4) any other state educational institution as defined in K.S.A. 76-
711, and amendments thereto, with an accredited engineering program, 
one or more graduates; and
(5) private, independent colleges, one or more graduates.
(d) "Secretary" means the secretary of commerce. HOUSE BILL No. 2292—page 8
Sec. 8. (a) There is hereby created in the state treasury the 
engineering graduate incentive fund. The secretary of commerce shall 
administer the fund. All expenditures from the fund shall be for the 
purpose of promoting the development of accredited postsecondary 
engineering programs in Kansas by providing grants that shall be 
matched on a $1-for-$1 basis with funds from nonstate sources to 
qualified eligible institutions of higher education for:
(1) Awarding scholarships to undergraduate students enrolled at 
such institutions in an engineering program;
(2) recruiting undergraduate students for engineering programs 
offered by such institutions;
(3) expanding the number of potential engineering students 
through engineering-related activities in secondary schools in Kansas;
(4) funding internships for undergraduate students enrolled at such 
institutions in an engineering program;
(5) making necessary facility improvements or equipment 
purchases to expand engineering program course offerings; or
(6) hiring additional faculty or enhancing faculty salaries in such 
an institution's engineering program.
(b) Applications for matching grants shall be made by eligible 
institutions of higher education to the secretary in the form and manner 
required by the secretary. If the secretary determines the institution is a 
qualified eligible institution of higher education, finds the institution 
has sufficient nonstate funding to match the grant requested on a $1-
for-$1 basis and approves the application, the qualified eligible 
institution of higher education shall receive a matching grant. If 
sufficient moneys are available in the engineering graduate incentive 
fund to fully fund all approved applications, the amount of the 
matching grant shall be at least $20,000 for each graduate of an 
engineering program of the institution during the immediately 
preceding academic year, as determined by the secretary, in excess of 
the threshold requirement for qualification as a qualified eligible 
institution of higher education pursuant to section 7, and amendments 
thereto. If sufficient moneys are not available in the engineering 
graduate incentive fund to fully fund all approved applications in an 
amount of at least $20,000 for each such graduate, the secretary shall 
award grants in a prorated amount so that all approved applicant 
qualified eligible educational institutions receive the same amount of 
grant money for a graduate in excess of such respective threshold. The 
secretary shall consult with and coordinate with eligible institutions of 
higher education, qualified eligible institutions of higher education, the 
state board of regents, or private industry in planning and developing 
uses for matching grant funding to achieve the purpose of this act.
(c) Qualified eligible institutions of higher education that receive a 
matching grant shall provide such information as requested by the 
secretary, excluding any information confidential under state or federal 
law, regarding the use of grant funds. On or before January 10, 2024, 
and on or before the first day of each regular session of the legislature 
thereafter, the secretary shall provide a written report to the house of 
representatives standing committee on commerce, labor and economic 
development, or its successor committee, and the senate standing 
committee on commerce, or its successor committee, on the amount 
and uses of grant funding by each qualified eligible educational 
institution of higher education that has received a matching grant and 
progress made toward the goal of this act.
(d) All expenditures from the engineering graduate fund shall be 
for the purposes described in subsection (a) and shall be made in 
accordance with appropriation acts upon warrants of the director of 
accounts and reports issued pursuant to vouchers approved by the 
secretary of commerce or the secretary's designee.
(e) No moneys appropriated to the engineering graduate incentive 
fund shall be expended for the acquisition or construction of any 
facilities.
(f) (1) On July 1, 2023, or as soon thereafter as moneys are  HOUSE BILL No. 2292—page 9
available, the director of accounts and reports shall transfer $1,500,000 
from the state general fund to the engineering graduate fund.
(2) On July 1, 2024, and on each July 1 thereafter, the secretary 
shall certify to the director of accounts and reports the amount of 
moneys expended for grants from the engineering graduate fund in the 
prior fiscal year. Upon receipt of such certification, or as soon 
thereafter as moneys are available, the director of accounts and reports 
shall transfer from the state general fund to the engineering graduate 
fund an amount equal to twice the amount certified by the secretary of 
commerce, except that if such transfer would result in an 
unencumbered balance in the engineering graduate fund of greater than 
$5,000,000, the director of accounts and reports shall transfer the 
amount of moneys that shall result in an unencumbered balance of 
$5,000,000 in the engineering graduate fund on such date.
Sec. 9. The provisions of sections 7 through 9, and amendments 
thereto, shall expire on July 1, 2033. On July 1, 2033, the director of 
accounts and reports shall transfer all unencumbered moneys in the 
engineering graduate fund to the state general fund. After such transfer, 
the engineering graduate fund shall be abolished. Upon abolishment of 
such fund, all liabilities of the engineering graduate fund shall be 
transferred to and imposed on the state general fund.
Sec. 10. This act shall take effect and be in force from and after its 
publication in the statute book.
I hereby certify that the above BILL originated in the 
HOUSE, and was adopted by that body
                                                                            
HOUSE adopted
Conference Committee Report                                                     
                                                                               
Speaker of the House.          
                                                                               
Chief Clerk of the House.     
Passed the SENATE
          as amended                                                      
SENATE adopted
Conference Committee Report                                                             
                                                                               
President of the Senate.       
                                                                               
Secretary of the Senate.       
APPROVED                                                                 
     
                                                                                                              
Governor.