Enrolled Copy H.B. 410 1 Child Care Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Tracy J. Miller Senate Sponsor: Wayne A. Harper 2 3 LONG TITLE 4 General Description: 5 This bill modifies provisions relating to child care. 6 Highlighted Provisions: 7 This bill: 8 ▸ provides that the time employed as a preschool teacher in a child care program is 9 equivalent to the time employed in a public school or accredited private school for 10 purposes of relicensing; 11 ▸ authorizes the use of housing and transit reinvestment zone funds to include construction 12 or expansion of child care facilities within the zone; and 13 ▸ makes technical and conforming changes. 14 Money Appropriated in this Bill: 15 None 16 Other Special Clauses: 17 None 18 Utah Code Sections Affected: 19 AMENDS: 20 53E-6-201, as last amended by Laws of Utah 2024, Chapter 51 21 63N-3-607, as last amended by Laws of Utah 2024, Chapter 521 22 23 Be it enacted by the Legislature of the state of Utah: 24 Section 1. Section 53E-6-201 is amended to read: 25 53E-6-201 . State board licensure. 26 (1) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah 27 Administrative Rulemaking Act, to establish a system for educator licensing that 28 includes: H.B. 410 Enrolled Copy 29 (a) an associate educator license that permits an individual to provide educational 30 services in a public school while working to meet the requirements of a professional 31 educator license; 32 (b) a professional educator license that permits an individual to provide educational 33 services in a public school after demonstrating that the individual meets licensure 34 requirements established in state board rule; 35 (c) an LEA-specific educator license issued by the state board at the request of an LEA's 36 governing body that is valid for an individual to provide educational services in the 37 requesting LEA's schools; 38 (d) beginning in the 2023-2024 school year, a provider-specific license issued by the 39 state board at the request of an authorized online course provider described in [ 40 Subsection] Section 53F-4-504 that: 41 (i) is valid for an individual to provide educational services to a student enrolled in an 42 online course described in Section 53F-4-503; and 43 (ii) contains eligibility criteria that is no more stringent than the requirements for a 44 license described in Subsection (1)(c); and 45 (e) beginning in the 2029-2030 school year, the creation or modification of licenses if 46 any are created or modified under Section 53G-6-206. 47 (2) An individual employed in a position that requires licensure by the state board shall 48 hold the license that is appropriate to the position. 49 (3)(a)(i) Except as provided in Subsection (3)(a)(ii), the state board may make rules 50 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to 51 rank, endorse, or otherwise classify licenses and establish the criteria for 52 obtaining, retaining, and reinstating licenses. 53 (ii) The state board may not make licensure contingent upon passage of a pedagogical 54 performance assessment. 55 (iii) The state board shall consider employment duration as a preschool teacher in a 56 child care program, as that term is defined in Section 26B-2-401, as equivalent to 57 employment duration in a district school, charter school, or accredited private 58 school for purposes of relicensing. 59 (b) An educator who is enrolling in a course of study at an institution within the state 60 system of higher education to satisfy the state board requirements for retaining a 61 license is exempt from tuition, except for a semester registration fee established by 62 the Utah Board of Higher Education, if: - 2 - Enrolled Copy H.B. 410 63 (i) the educator is enrolled on the basis of surplus space in the class after regularly 64 enrolled students have been assigned and admitted to the class in accordance with 65 regular procedures, normal teaching loads, and the institution's approved budget; 66 and 67 (ii) enrollments are determined by each institution under rules and guidelines 68 established by the Utah Board of Higher Education in accordance with findings of 69 fact that space is available for the educator's enrollment. 70 Section 2. Section 63N-3-607 is amended to read: 71 63N-3-607 . Payment, use, and administration of revenue from a housing and 72 transit reinvestment zone. 73 (1) A municipality or public transit county may receive and use tax increment and housing 74 and transit reinvestment zone funds in accordance with this part. 75 (2)(a) A county that collects property tax on property located within a housing and 76 transit reinvestment zone shall, in accordance with Section 59-2-1365, distribute to 77 the municipality or public transit county any tax increment the municipality or public 78 transit county is authorized to receive up to the maximum approved by the housing 79 and transit reinvestment zone committee. 80 (b) Tax increment distributed to a municipality or public transit county in accordance 81 with Subsection (2)(a) is not revenue of the taxing entity or municipality or public 82 transit county. 83 (c)(i) Tax increment paid to the municipality or public transit county are housing and 84 transit reinvestment zone funds and shall be administered by an agency created by 85 the municipality or public transit county within which the housing and transit 86 reinvestment zone is located. 87 (ii) Before an agency may receive housing and transit reinvestment zone funds from 88 the municipality or public transit county, the municipality or public transit county 89 and the agency shall enter into an interlocal agreement with terms that: 90 (A) are consistent with the approval of the housing and transit reinvestment zone 91 committee; and 92 (B) meet the requirements of Section 63N-3-603. 93 (3)(a) A municipality or public transit county and agency shall use housing and transit 94 reinvestment zone funds within, or for the direct benefit of, the housing and transit 95 reinvestment zone. 96 (b) If any housing and transit reinvestment zone funds will be used outside of the - 3 - H.B. 410 Enrolled Copy 97 housing and transit reinvestment zone, there must be a finding in the approved 98 proposal for a housing and transit reinvestment zone that the use of the housing and 99 transit reinvestment zone funds outside of the housing and transit reinvestment zone 100 will directly benefit the housing and transit reinvestment zone. 101 (4)(a) A municipality or public transit county shall use housing and transit reinvestment 102 zone funds to achieve the purposes described in Subsections 63N-3-603(1) and (2), 103 by paying all or part of the costs of any of the following: 104 [(a)] (i) income targeted housing costs; 105 [(b)] (ii) structured parking within the housing and transit reinvestment zone; 106 [(c)] (iii) enhanced development costs; 107 [(d)] (iv) horizontal construction costs; 108 [(e)] (v) vertical construction costs; 109 [(f)] (vi) property acquisition costs within the housing and transit reinvestment zone;[ 110 or] 111 [(g)] (vii) the costs of the municipality or public transit county to create and 112 administer the housing and transit reinvestment zone, which may not exceed 2% 113 of the total housing and transit reinvestment zone funds, plus the costs to complete 114 the gap analysis described in Subsection 63N-3-604(2)[.] ; or 115 (viii) subject to Subsection (4)(b), costs for the construction or expansion of child 116 care facilities within the boundary of the housing and transit reinvestment zone. 117 (b) A municipality or public transit county may not use more than 1% of the total 118 housing and transit reinvestment zone funds to pay costs described in Subsection 119 (4)(a)(viii). 120 (5) Housing and transit reinvestment zone funds may be paid to a participant, if the agency 121 and participant enter into a participation agreement [which] that requires the participant 122 to utilize the housing and transit reinvestment zone funds as allowed in this section. 123 (6) Housing and transit reinvestment zone funds may be used to pay all of the costs of 124 bonds issued by the municipality or public transit county in accordance with Title 17C, 125 Chapter 1, Part 5, Agency Bonds, including the cost to issue and repay the bonds 126 including interest. 127 (7) A municipality or public transit county may create one or more public infrastructure 128 districts within the housing and transit reinvestment zone under Title 17D, Chapter 4, 129 Public Infrastructure District Act, and pledge and utilize the housing and transit 130 reinvestment zone funds to guarantee the payment of public infrastructure bonds issued - 4 - Enrolled Copy H.B. 410 131 by a public infrastructure district. 132 Section 3. Effective Date. 133 This bill takes effect on May 7, 2025. - 5 -