Utah 2023 Regular Session

Utah House Bill HB0555 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 555
	1	+	1st Sub. H.B. 555
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Shewan 6
	4	+	6 02-24-23 8:37 AM 6
	5	+	H.B. 555
	6	+	1st Sub. (Buff)
	7	+	Representative Jefferson Moss proposes the following substitute bill:
2	8		1 TALENT READY UTAH PROGRAM MODI FICATIONS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Jefferson Moss
6		-	5 Senate Sponsor: ~~Ann Millner~~
	12	+	5 Senate Sponsor: ____________
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill makes changes to provisions related to internships and apprenticeships.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <provides that a public school student participating in a youth apprenticeship is
14	20		13considered a volunteer government worker for purposes of workers' compensation
15	21		14and risk management;
16	22		15 <provides that an internship through an institution of higher education or public or
17	23		16private school may be with compensation;
18	24		17 <provides that an intern participating in an internship through an institution of higher
19	25		18education or public school is considered a volunteer government worker for
20	26		19purposes of workers' compensation and risk management;
21	27		20 <creates an apprenticeship intermediary position to foster relationships between the
22	28		21Talent Ready Utah Program, local education agencies, and industry partners;
23	29		22 <defines terms; and
24	30		23 <makes technical and conforming changes.
25	31		24Money Appropriated in this Bill:
26	32		25 None
	33	+	HB0555S01 1st Sub. (Buff) H.B. 555 02-24-23 8:37 AM
	34	+	- 2 -
27	35		26Other Special Clauses:
28	36		27 None
29	37		28Utah Code Sections Affected:
30		-	29AMENDS: H.B. 555 Enrolled Copy
31		-	- 2 -
	38	+	29AMENDS:
32	39		30 53B-16-401, as last amended by Laws of Utah 2020, Chapter 365
33	40		31 53B-16-403, as last amended by Laws of Utah 1997, Chapter 10
34	41		32 53B-34-103, as renumbered and amended by Laws of Utah 2022, Chapter 362
35	42		33 53G-7-901, as last amended by Laws of Utah 2020, Chapter 374
36	43		34 53G-7-903, as last amended by Laws of Utah 2020, Chapter 354
37	44		35ENACTS:
38	45		36 35A-6-104.5, Utah Code Annotated 1953
39	46		37
40	47		38Be it enacted by the Legislature of the state of Utah:
41	48		39 Section 1. Section 35A-6-104.5 is enacted to read:
42	49		40 35A-6-104.5. Youth apprenticeships -- Workers' compensation -- Risk
43	50		41management.
44	51		42 (1) As used in this section, "youth apprentice" means an individual who is:
45	52		43 (a) participating in a youth apprenticeship; and
46	53		44 (b) enrolled in a public school.
47	54		45 (2) A youth apprentice is considered to be a volunteer government worker of the public
48	55		46school in which the individual is enrolled, solely for purposes of:
49	56		47 (a) receiving workers' compensation medical benefits; and
50	57		48 (b) coverage by the Risk Management Fund created in Section 63A-4-201.
51	58		49 (3) Receipt of medical benefits under Subsection (2) shall be the exclusive remedy
52	59		50against the school and the cooperating employer for all injuries and occupational diseases as
53	60		51provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
54	61		52Occupational Disease Act.
55	62		53 Section 2. Section 53B-16-401 is amended to read:
56	63		54 53B-16-401. Definitions.
57	64		55 As used in this part:
58		-	56 (1) "Cooperating employer" means a public or private entity which, as part of a work
59		-	57experience and career exploration program offered through an institution of higher education, Enrolled Copy H.B. 555
	65	+	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
60	66		- 3 -
	67	+	57experience and career exploration program offered through an institution of higher education,
61	68		58provides interns with training and work experience in activities related to the entity's ongoing
62	69		59business activities.
63	70		60 (2) "Institution of higher education" means any component of the state system of higher
64	71		61education as defined under Section 53B-1-102 that is authorized by the board to offer
65	72		62internship programs, and any private institution of higher education which offers internship
66	73		63programs under this part.
67	74		64 (3) "Intern" means a student enrolled in a work experience and career exploration
68	75		65program under Section 53B-16-402 that is sponsored by an institution of higher education,
69	76		66involving both classroom instruction and work experience with a cooperating employer, [for
70	77		67which the student receives no compensation] regardless of whether the student receives
71	78		68compensation.
72	79		69 (4) "Internship" means the work experience segment of an intern's work experience and
73	80		70career exploration program sponsored by an institution of higher education, performed under
74	81		71the direct supervision of a cooperating employer.
75	82		72 Section 3. Section 53B-16-403 is amended to read:
76	83		73 53B-16-403. Interns -- Workers' compensation medical benefits -- Risk
77	84		74management.
78	85		75 (1) An intern participating in an internship under Section 53B-16-402 is considered to
79	86		76be a volunteer worker of the sponsoring institution of higher education solely for purposes of:
80	87		77 (a) receiving workers' compensation medical benefits[.]; and
81	88		78 (b) coverage by the Risk Management Fund created in Section 63A-4-201.
82	89		79 (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
83	90		80against the institution and the cooperating employer for all injuries and occupational diseases
84	91		81as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
85	92		82Occupational Disease Act.
86	93		83 Section 4. Section 53B-34-103 is amended to read:
87	94		84 53B-34-103. Talent Ready Utah Program.
88		-	85 (1) There is created the Talent Ready Utah Program administered by the commissioner. H.B. 555 Enrolled Copy
	95	+	85 (1) There is created the Talent Ready Utah Program administered by the commissioner.
	96	+	86 (2) The commissioner, with the approval of the board, shall appoint a director of the
	97	+	87talent program. 1st Sub. (Buff) H.B. 555 02-24-23 8:37 AM
89	98		- 4 -
90		-	86 (2) The commissioner, with the approval of the board, shall appoint a director of the
91		-	87talent program.
92	99		88 (3) The director of the talent program:
93	100		89 (a) shall appoint, with the approval of the commissioner, an apprenticeship
94	101		90intermediary, to carry out the duties described in Subsection (5); and
95	102		91 (b) may appoint other staff with the approval of the commissioner.
96	103		92 (4) The talent program shall coordinate with the talent board to:
97	104		93 (a) further education and industry alignment in the state;
98	105		94 (b) coordinate the development of new education programs that align with industry
99	106		95demand;
100	107		96 (c) coordinate or partner with other state agencies to administer grant programs;
101	108		97 (d) promote the inclusion of industry partners in education;
102	109		98 (e) provide outreach and information to employers regarding workforce programs and
103	110		99initiatives;
104	111		100 (f) develop and analyze stackable credential programs;
105	112		101 (g) determine efficiencies among workforce providers;
106	113		102 (h) map available workforce programs focusing on programs that successfully create
107	114		103high-paying jobs; and
108	115		104 (i) support initiatives of the talent board.
109	116		105 (5) The apprenticeship intermediary appointed by the director under Subsection (3)
110	117		106shall, in coordination with the talent program and at the direction of the talent board, foster
111	118		107relationships between industry partners, local education agencies, and the talent program,
112	119		108including by:
113	120		109 (a) increasing awareness for the talent program;
114	121		110 (b) recruiting industry partners;
115	122		111 (c) connecting high school students to participating employers, apprenticeship
116	123		112opportunities, and work-based learning opportunities;
117		-	113 (d) working with local education agencies to: Enrolled Copy H.B. 555
118		-	- 5 -
	124	+	113 (d) working with local education agencies to:
119	125		114 (i) integrate talent program apprenticeship opportunities and work-based learning
120	126		115opportunities;
121	127		116 (ii) connect high school students with higher education opportunities;
122	128		117 (e) training mentors at participating employers in vocational education practices for
123		-	118youth;
	129	+	118youth; 02-24-23 8:37 AM 1st Sub. (Buff) H.B. 555
	130	+	- 5 -
124	131		119 (f) holding meetings with education partners and industry partners to discuss
125	132		120curriculum needs and industry needs;
126	133		121 (g) working with institutions of higher education and local education agencies to
127	134		122ensure industry-recognized credential programs are fully stackable; and
128	135		123 (h) performing other duties as directed by the talent board.
129	136		124 Section 5. Section 53G-7-901 is amended to read:
130	137		125 53G-7-901. Definitions.
131	138		126 As used in this part:
132	139		127 (1) "Cooperating employer" means a public or private entity which, as part of a work
133	140		128experience and career exploration program offered through a school, provides interns with
134	141		129training and work experience in activities related to the entity's ongoing business activities.
135	142		130 (2) "Intern" means a student enrolled in a school-sponsored work experience and career
136	143		131exploration program under Section 53G-7-902 involving both classroom instruction and work
137	144		132experience with a cooperating employer, [for which the student receives no compensation]
138	145		133regardless of whether the student receives compensation.
139	146		134 (3) "Internship" means the work experience segment of an intern's school-sponsored
140	147		135work experience and career exploration program, performed under the direct supervision of a
141	148		136cooperating employer.
142	149		137 (4) "Internship safety agreement" means the agreement between a public or private
143	150		138school and a cooperating employer in accordance with Section 53G-7-904.
144	151		139 (5) "Private school" means a school serving any of grades 7 through 12 which is not
145	152		140part of the public education system.
146		-	141 (6) "Public school" means: H.B. 555 Enrolled Copy
147		-	- 6 -
	153	+	141 (6) "Public school" means:
148	154		142 (a) a public school district;
149	155		143 (b) an applied technology center or applied technology service region;
150	156		144 (c) the Schools for the Deaf and the Blind; or
151	157		145 (d) other components of the public education system authorized by the state board to
152	158		146offer internships.
153	159		147 Section 6. Section 53G-7-903 is amended to read:
154	160		148 53G-7-903. Interns -- Workers' compensation medical benefits -- Risk
155		-	149management.
	161	+	149management. 1st Sub. (Buff) H.B. 555 02-24-23 8:37 AM
	162	+	- 6 -
156	163		150 (1) An intern participating in an internship under Section 53G-7-902 is considered to
157	164		151be a volunteer government worker of the sponsoring public school, or an employee of the
158	165		152sponsoring private school, solely for purposes of:
159	166		153 (a) receiving workers' compensation medical benefits[.]; and
160	167		154 (b) for an intern participating through a sponsoring public school, coverage by the Risk
161	168		155Management Fund created in Section 63A-4-201.
162	169		156 (2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
163	170		157against the school and the cooperating employer for all injuries and occupational diseases as
164	171		158provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah
165	172		159Occupational Disease Act.