1st Sub. H.B. 555
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Shewan 6
6 02-24-23 8:37 AM 6
H.B. 555
1st Sub. (Buff)
Representative Jefferson Moss proposes the following substitute bill:
1 TALENT READY UTAH PROGRAM MODI FICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jefferson Moss
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill makes changes to provisions related to internships and apprenticeships.
10Highlighted Provisions:
11 This bill:
12 <provides that a public school student participating in a youth apprenticeship is
13considered a volunteer government worker for purposes of workers' compensation
14and risk management;
15 <provides that an internship through an institution of higher education or public or
16private school may be with compensation;
17 <provides that an intern participating in an internship through an institution of higher
18education or public school is considered a volunteer government worker for
19purposes of workers' compensation and risk management;
20 <creates an apprenticeship intermediary position to foster relationships between the
21Talent Ready Utah Program, local education agencies, and industry partners;
22 <defines terms; and
23 <makes technical and conforming changes.
24Money Appropriated in this Bill:
25 None
*HB0555S01* 1st Sub. (Buff) H.B. 555 02-24-23 8:37 AM
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26Other Special Clauses:
27 None
28Utah Code Sections Affected:
29AMENDS:
30 53B-16-401, as last amended by Laws of Utah 2020, Chapter 365
31 53B-16-403, as last amended by Laws of Utah 1997, Chapter 10
32 53B-34-103, as renumbered and amended by Laws of Utah 2022, Chapter 362
33 53G-7-901, as last amended by Laws of Utah 2020, Chapter 374
34 53G-7-903, as last amended by Laws of Utah 2020, Chapter 354
35ENACTS:
36 35A-6-104.5, Utah Code Annotated 1953
37
38Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 35A-6-104.5 is enacted to read:
40 35A-6-104.5. Youth apprenticeships -- Workers' compensation -- Risk
41management.
42 (1) As used in this section, "youth apprentice" means an individual who is:
43 (a) participating in a youth apprenticeship; and
44 (b) enrolled in a public school.
45 (2) A youth apprentice is considered to be a volunteer government worker of the public
46school in which the individual is enrolled, solely for purposes of:
47 (a) receiving workers' compensation medical benefits; and
48 (b) coverage by the Risk Management Fund created in Section 63A-4-201.
49 (3) Receipt of medical benefits under Subsection (2) shall be the exclusive remedy
50against the school and the cooperating employer for all injuries and occupational diseases as
51provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
52Occupational Disease Act.
53 Section 2. Section 53B-16-401 is amended to read:
54 53B-16-401. Definitions.
55 As used in this part:
56 (1) "Cooperating employer" means a public or private entity which, as part of a work 02-24-23 8:37 AM 1st Sub. (Buff) H.B. 555
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57experience and career exploration program offered through an institution of higher education,
58provides interns with training and work experience in activities related to the entity's ongoing
59business activities.
60 (2) "Institution of higher education" means any component of the state system of higher
61education as defined under Section 53B-1-102 that is authorized by the board to offer
62internship programs, and any private institution of higher education which offers internship
63programs under this part.
64 (3) "Intern" means a student enrolled in a work experience and career exploration
65program under Section 53B-16-402 that is sponsored by an institution of higher education,
66involving both classroom instruction and work experience with a cooperating employer, [for
67which the student receives no compensation] regardless of whether the student receives
68compensation.
69 (4) "Internship" means the work experience segment of an intern's work experience and
70career exploration program sponsored by an institution of higher education, performed under
71the direct supervision of a cooperating employer.
72 Section 3. Section 53B-16-403 is amended to read:
73 53B-16-403. Interns -- Workers' compensation medical benefits -- Risk
74management.
75 (1) An intern participating in an internship under Section 53B-16-402 is considered to
76be a volunteer worker of the sponsoring institution of higher education solely for purposes of:
77 (a) receiving workers' compensation medical benefits[.]; and
78 (b) coverage by the Risk Management Fund created in Section 63A-4-201.
79 (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
80against the institution and the cooperating employer for all injuries and occupational diseases
81as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
82Occupational Disease Act.
83 Section 4. Section 53B-34-103 is amended to read:
84 53B-34-103. Talent Ready Utah Program.
85 (1) There is created the Talent Ready Utah Program administered by the commissioner.
86 (2) The commissioner, with the approval of the board, shall appoint a director of the
87talent program. 1st Sub. (Buff) H.B. 555 02-24-23 8:37 AM
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88 (3) The director of the talent program:
89 (a) shall appoint, with the approval of the commissioner, an apprenticeship
90intermediary, to carry out the duties described in Subsection (5); and
91 (b) may appoint other staff with the approval of the commissioner.
92 (4) The talent program shall coordinate with the talent board to:
93 (a) further education and industry alignment in the state;
94 (b) coordinate the development of new education programs that align with industry
95demand;
96 (c) coordinate or partner with other state agencies to administer grant programs;
97 (d) promote the inclusion of industry partners in education;
98 (e) provide outreach and information to employers regarding workforce programs and
99initiatives;
100 (f) develop and analyze stackable credential programs;
101 (g) determine efficiencies among workforce providers;
102 (h) map available workforce programs focusing on programs that successfully create
103high-paying jobs; and
104 (i) support initiatives of the talent board.
105 (5) The apprenticeship intermediary appointed by the director under Subsection (3)
106shall, in coordination with the talent program and at the direction of the talent board, foster
107relationships between industry partners, local education agencies, and the talent program,
108including by:
109 (a) increasing awareness for the talent program;
110 (b) recruiting industry partners;
111 (c) connecting high school students to participating employers, apprenticeship
112opportunities, and work-based learning opportunities;
113 (d) working with local education agencies to:
114 (i) integrate talent program apprenticeship opportunities and work-based learning
115opportunities;
116 (ii) connect high school students with higher education opportunities;
117 (e) training mentors at participating employers in vocational education practices for
118youth; 02-24-23 8:37 AM 1st Sub. (Buff) H.B. 555
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119 (f) holding meetings with education partners and industry partners to discuss
120curriculum needs and industry needs;
121 (g) working with institutions of higher education and local education agencies to
122ensure industry-recognized credential programs are fully stackable; and
123 (h) performing other duties as directed by the talent board.
124 Section 5. Section 53G-7-901 is amended to read:
125 53G-7-901. Definitions.
126 As used in this part:
127 (1) "Cooperating employer" means a public or private entity which, as part of a work
128experience and career exploration program offered through a school, provides interns with
129training and work experience in activities related to the entity's ongoing business activities.
130 (2) "Intern" means a student enrolled in a school-sponsored work experience and career
131exploration program under Section 53G-7-902 involving both classroom instruction and work
132experience with a cooperating employer, [for which the student receives no compensation]
133regardless of whether the student receives compensation.
134 (3) "Internship" means the work experience segment of an intern's school-sponsored
135work experience and career exploration program, performed under the direct supervision of a
136cooperating employer.
137 (4) "Internship safety agreement" means the agreement between a public or private
138school and a cooperating employer in accordance with Section 53G-7-904.
139 (5) "Private school" means a school serving any of grades 7 through 12 which is not
140part of the public education system.
141 (6) "Public school" means:
142 (a) a public school district;
143 (b) an applied technology center or applied technology service region;
144 (c) the Schools for the Deaf and the Blind; or
145 (d) other components of the public education system authorized by the state board to
146offer internships.
147 Section 6. Section 53G-7-903 is amended to read:
148 53G-7-903. Interns -- Workers' compensation medical benefits -- Risk
149management. 1st Sub. (Buff) H.B. 555 02-24-23 8:37 AM
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150 (1) An intern participating in an internship under Section 53G-7-902 is considered to
151be a volunteer government worker of the sponsoring public school, or an employee of the
152sponsoring private school, solely for purposes of:
153 (a) receiving workers' compensation medical benefits[.]; and
154 (b) for an intern participating through a sponsoring public school, coverage by the Risk
155Management Fund created in Section 63A-4-201.
156 (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
157against the school and the cooperating employer for all injuries and occupational diseases as
158provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
159Occupational Disease Act.