03-06 15:42 3rd Sub. (Cherry) H.B. 494
Jen Plumb proposes the following substitute bill:
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Boards and Committee Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill modifies the membership of certain boards and committees.
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Highlighted Provisions:
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This bill:
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▸ modifies appointment provisions and removes members who are legislators from certain
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entities; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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9-9-112, as last amended by Laws of Utah 2022, Chapter 68
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35A-1-206, as last amended by Laws of Utah 2020, Chapter 365
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53B-34-110, as enacted by Laws of Utah 2024, Chapter 378
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63M-15-201, as enacted by Laws of Utah 2021, Chapter 91
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 9-9-112 is amended to read:
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9-9-112 . Bears Ears Visitor Center Advisory Committee.
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(1) Utah extends an invitation to the Navajo Nation, the Ute Mountain Ute Tribe, the Hopi
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Nation, the Zuni Tribe, and the Ute Indian Tribe of the Uintah Ouray to form an
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advisory committee for the purpose of exploring the feasibility, location, functions, and
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other important matters surrounding the creation of a visitor center at Bears Ears.
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(2) As used in this section:
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(a) "Advisory committee" means the Bears Ears Visitor Center Advisory Committee
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created by this section.
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(b) "Bears Ears" means the Bears Ears National Monument.
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(3)(a) Subject to Subsection (3)(b), there is created the Bears Ears Visitor Center
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Advisory Committee consisting of the following [eight ] voting members:
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[(i) five voting members as follows:]
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[(A)] (i) a representative of the Navajo Nation, appointed by the Navajo Nation;
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[(B)] (ii) a representative of the Ute Mountain Ute Tribe, appointed by the Ute
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Mountain Ute Tribe;
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[(C)] (iii) a representative of the Hopi Nation, appointed by the Hopi Nation;
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[(D)] (iv) a representative of the Zuni Tribe, appointed by the Zuni Tribe; and
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[(E)] (v) a representative of the Ute Indian Tribe of the Uintah Ouray, appointed by
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the Ute Indian Tribe of the Uintah Ouray[; and] .
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[(ii) subject to Subsection (4), three nonvoting members as follows:]
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[(A) one member of the Senate, appointed by the president of the Senate; and]
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[(B) two members of the House of Representatives, appointed by the speaker of
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the House of Representatives.]
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(b) The advisory committee is formed when all of the tribes described in Subsection (1)
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have communicated to the other tribes and to the Division of Indian Affairs that the
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tribe has appointed a member to the advisory committee.
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(c)(i) The president of the Senate and the speaker of the House of Representatives
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may each appoint to the advisory committee one nonvoting individual.
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(ii) If an individual appointed under Subsection (3)(c)(i) is a member of the
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Legislature, the member serves as a member of the public and not in the member's
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legislative capacity.
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[(4) At least one of the three legislative members appointed under Subsection (3)(a)(ii) shall
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be from a minority party.]
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[(5)] (4) The advisory committee may select from the advisory committee members the
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chair or other officers of the advisory committee.
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[(6)] (5)(a) If a vacancy occurs in the membership of the advisory committee appointed
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under Subsection (3), the member shall be replaced in the same manner in which the
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original appointment was made.
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(b) A member appointed under Subsection (3) serves until the member's successor is
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appointed and qualified.
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[(7)] (6)(a) A majority of the voting members of the advisory committee constitutes a
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quorum.
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(b) The action of a majority of a quorum constitutes an action of the advisory committee.
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[(8)(a) The salary and expenses of an advisory committee member who is a legislator
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shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5,
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Legislative Compensation and Expenses.]
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[(b)] (7) An advisory committee member [who is not a legislator ]may not receive
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compensation or benefits for the member's service on the advisory committee, but may
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receive per diem and reimbursement for travel expenses incurred as an advisory
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committee member at the rates established by the Division of Finance under:
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[(i)] (a) Sections 63A-3-106 and 63A-3-107; and
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[(ii)] (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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[(9)] (8) The advisory committee may invite the United States Forest Service, the Bureau of
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Land Management, the Division of State Parks, the Division of Outdoor Recreation, and
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the Utah Office of Tourism within the Governor's Office of Economic Opportunity, to
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serve as technical advisors to the advisory committee.
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[(10)] (9) The Division of Indian Affairs shall staff the advisory committee.
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[(11)] (10) The advisory committee shall study and make recommendations concerning:
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(a) the need for a visitor center associated with Bears Ears;
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(b) the feasibility of a visitor center associated with Bears Ears, including investigating:
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(i) potential locations for the visitor center;
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(ii) purposes for the visitor center; and
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(iii) sources of funding to build and maintain the visitor center;
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(c) whether a visitor center will increase visitorship to Bears Ears; and
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(d) whether a visitor center at Bears Ears could function as a repository of traditional
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knowledge and practices.
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[(12)] (11) The advisory committee may contract with one or more consultants to conduct
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work related to the issues raised in Subsection [(11)] (10) if the Legislature appropriates
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money expressly for the purpose of the advisory committee contracting with a consultant.
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[(13)] (12) The advisory committee shall hold at least one public hearing to obtain public
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comment on the creation of a Bears Ears visitor center.
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[(14)] (13) The advisory committee shall report the advisory committee's recommendations
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to one or more of the following:
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(a) the Economic Development and Workforce Services Interim Committee;
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(b) the House Economic Development and Workforce Services Committee; or
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(c) the Senate Economic Development and Workforce Services Committee.
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Section 2. Section 35A-1-206 is amended to read:
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35A-1-206 . State Workforce Development Board -- Appointment -- Membership
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-- Terms of members -- Compensation.
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(1) There is created within the department the State Workforce Development Board in
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accordance with the provisions of the Workforce Innovation and Opportunity Act, 29
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U.S.C. Sec. 3101 et seq.
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(2) The board shall consist of the following [38] members:
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(a) the governor or the governor's designee;
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[(b) one member of the Senate, appointed by the president of the Senate;]
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[(c) one representative of the House of Representatives, appointed by the speaker of the
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House of Representatives;]
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[(d)] (b) the executive director or the executive director's designee;
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[(e)] (c) the executive director of the Department of Health and Human Services or the
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executive director's designee;
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[(f)] (d) the director of the Utah State Office of Rehabilitation or the director's designee;
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[(g)] (e) the state superintendent of public instruction or the superintendent's designee;
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[(h)] (f) the commissioner of higher education or the commissioner's designee;
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[(i)] (g) the executive director of the Governor's Office of Economic Opportunity or the
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executive director's designee;
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[(j)] (h) the executive director of the Department of Veterans and Military Affairs or the
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executive director's designee; and
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[(k)] (i) the following members appointed by the governor:
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(i) 20 representatives of business in the state, selected among the following:
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(A) owners of businesses, chief executive or operating officers of businesses, or
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other business executives or employers with policymaking or hiring authority;
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(B) representatives of businesses, including small businesses, that provide
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employment opportunities that include high-quality, work-relevant training and
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development in in-demand industry sectors or occupations in the state; and
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(C) representatives of businesses appointed from among individuals nominated by
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state business organizations or business trade associations;
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(ii) six representatives of the workforce within the state, which:
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(A) shall include at least two representatives of labor organizations who have been
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nominated by state labor federations;
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(B) shall include at least one representative from a registered apprentice program;
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(C) may include one or more representatives from a community-based
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organization that has demonstrated experience and expertise in addressing the
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employment, training, or educational needs of individuals with barriers to
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employment; and
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(D) may include one or more representatives from an organization that has
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demonstrated experience and expertise in addressing the employment, training,
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or education needs of eligible youth, including organizations that serve out of
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school youth; and
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(iii) two elected officials that represent a city or a county.
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(3)(a) The governor shall appoint one of the appointed business representatives as chair
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of the board.
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(b) The chair shall serve at the pleasure of the governor.
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(4)(a) The governor shall ensure that members appointed to the board represent diverse
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geographic areas of the state, including urban, suburban, and rural areas.
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(b) A member appointed by the governor shall serve a term of four years and may be
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reappointed to one additional term.
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(c) A member shall continue to serve until the member's successor has been appointed
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and qualified.
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(d) Except as provided in Subsection (4)(e), as terms of board members expire, the
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governor shall appoint each new member or reappointed member to a four-year term.
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(e) Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the
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time of appointment or reappointment, adjust the length of terms to ensure that the
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terms of board members are staggered so that approximately one half of the board is
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appointed every two years.
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(f) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed for the unexpired term.
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(g) The executive director shall terminate the term of any governor-appointed member
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of the board if the member leaves the position that qualified the member for the
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appointment.
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(5) A majority of members constitutes a quorum for the transaction of business.
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(6)[(a)] A member of the board [who is not a legislator ]may not receive compensation
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or benefits for the member's service, but may receive per diem and travel expenses as
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allowed in:
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[(i)] (a) Section 63A-3-106;
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[(ii)] (b) Section 63A-3-107; and
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[(iii)] (c) rules made by the Division of Finance according to Sections 63A-3-106 and
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63A-3-107.
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[(b) Compensation and expenses of a member who is a legislator are governed by
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Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
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Expenses.]
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(7) The department shall provide staff and administrative support to the board at the
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direction of the executive director.
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(8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec. 3111,
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including:
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(a) identifying opportunities to align initiatives in education, training, workforce
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development, and economic development;
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(b) developing and implementing the state workforce services plan described in Section
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35A-1-207;
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(c) utilizing strategic partners to ensure the needs of industry are met, including the
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development of expanded strategies for partnerships for in-demand occupations and
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understanding and adapting to economic changes;
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(d) developing strategies for staff training;
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(e) developing and improving employment centers; and
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(f) performing other responsibilities within the scope of workforce services as requested
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by:
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(i) the Legislature;
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(ii) the governor; or
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(iii) the executive director.
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Section 3. Section 53B-34-110 is amended to read:
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53B-34-110 . Talent advisory councils.
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(1) As used in this section:
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(a) "Advisory council" means an advisory council the talent board creates under
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Subsection (10).
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(b) "Institution of higher education" means the same as the term is defined in Section
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53B-1-102.
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(c) "Talent initiative" means an initiative the board creates under Subsection (2).
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(2)(a) Subject to legislative appropriations and in accordance with the proposal process
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and other provisions of this section, the board shall develop and oversee one or more
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talent initiatives that include providing funding for expanded programs at an
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institution of higher education related to the talent initiative.
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(b) The board shall ensure that a talent initiative the board creates:
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(i) uses a name for the talent initiative that reflects the area the initiative is targeting;
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(ii) contains an outline of the disciplines, industries, degrees, certifications,
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credentials, and types of skills the talent initiative will target; and
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(iii) uses a corresponding advisory council created in Subsection (10).
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(3) In creating a talent initiative, the board shall facilitate collaborations between an
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institution of higher education and participating employers that:
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(a) create expanded, multidisciplinary programs or stackable credential programs offered
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at a technical college, undergraduate, or graduate level of study; and
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(b) prepare students to be workforce participants in jobs requiring skills related to a
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talent initiative.
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(4)(a) An institution of higher education seeking to partner with one or more
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participating employers to create a program related to a talent initiative shall submit a
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proposal to the talent board through a process the talent board creates.
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(b) An institution of higher education shall submit a proposal that contains:
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(i) a description of the proposed program, including:
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(A) implementation timelines for the program;
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(B) a demonstration of how the program will be responsive to the talent needs
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related to the talent initiative;
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(C) an outline of relevant industry involvement that includes at least one
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participating employer that partners with the institution of higher education; and
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(D) an explanation of how the program addresses an unmet regional workforce
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need related to a talent initiative;
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(ii) an estimate of:
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(A) projected student enrollment and completion rates for a program;
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(B) the academic credit or credentials that a program will provide; and
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(C) occupations for which a graduate will qualify;
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(iii) evidence that each participating employer is committed to participating and
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contributing to the program by providing any combination of:
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(A) instruction;
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(B) curriculum review;
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(C) feedback regarding effectiveness of program graduates as employees;
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(D) work-based learning opportunities; or
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(E) mentoring;
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(iv) a description of any resources a participating employer will provide within the
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program; and
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(v) the amount of funding requested for the program, including:
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(A) the justification for the funding; and
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(B) the cost per student served as estimated under Subsection (4)(b)(ii).
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(5) In reviewing a proposal, the talent board shall provide a proposal to the relevant
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advisory council described in Subsections (10) and (11).
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(6) The relevant advisory council shall:
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(a) review and prioritize each proposal the advisory council receives; and
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(b) recommend to the talent board whether the proposal should be funded and the
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funding amount based on:
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(i) the quality and completeness of the elements of the proposal described in
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Subsection (4)(b);
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(ii) to what extent the proposed program:
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(A) would expand the capacity to meet state or regional workforce needs related
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to the talent initiative;
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(B) would integrate industry-relevant competencies with disciplinary expertise;
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(C) would incorporate internships or significant project experiences, including
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team-based experiences;
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(D) identifies how industry professionals would participate in elements described
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in Subsection (4)(b)(iii); and
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(E) would be cost effective; and
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(iii) other relevant criteria as the relevant advisory council and the talent board
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determines.
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(7) The board shall review the recommendations of an advisory council and may provide
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funding for a program related to a talent initiative using the criteria described in
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Subsection (6)(b).
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(8) In a form that the board approves, each institution of higher education that receives
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funding shall annually provide written information to the board regarding the activities,
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successes, and challenges related to administering the program related to the talent
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initiative, including:
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(a) specific entities that received funding under this section;
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(b) the amount of funding provided to each entity;
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(c) the number of participating students in each program;
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(d) the number of graduates of the program;
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(e) the number of graduates of the program employed in jobs requiring skills related to
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the talent initiative; and
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(f) progress and achievements relevant to the implementation timeline submitted under
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Subsection (4)(b)(i)(A).
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(9) On or before October 1 of each year, the board shall provide an annual written report
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containing the information described in Subsection (8) to the:
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(a) Education Interim Committee; and
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(b) Higher Education Appropriations Subcommittee.
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(10) The talent board shall create a talent advisory council for each talent initiative created
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under Subsection (2) to make recommendations to the board regarding the
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administration of a talent initiative including:
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(a) a deep technology initiative;
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(b) a life sciences workforce initiative; and
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(c) health professions initiatives including a nursing initiative.
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(11) An advisory council shall consist of the following members:
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(a) four members who have extensive experience in the talent initiative's subject matter
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from the private sector whom the chair of the talent board appoints and the board
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approves;
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(b) a representative of the board described in Section 53B-1-402 whom the chair of the
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board appoints;
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(c) a representative of the Governor's Office of Economic Opportunity whom the
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executive director of the Governor's Office of Economic Opportunity appoints;
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(d) a representative from Talent Ready Utah; and
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[(e) one member of the Senate whom the president of the Senate appoints;]
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[(f) one member of the House of Representatives whom the speaker of the House of
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Representatives appoints; and]
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[(g)] (e) any other specialized industry experts whom a majority of the advisory council
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may invite to participate as needed as nonvoting members.
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(12) Talent Ready Utah shall provide staff support for an advisory council.
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(13)(a) Two advisory council members appointed under Subsection (11)(a) shall serve
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an initial term of two years.
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(b) Except as described in Subsection (13)(a), all other advisory council members shall
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serve an initial term of four years.
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(c) Successor advisory council members upon appointment or reappointment shall each
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serve a term of four years.
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(d) When a vacancy occurs in the membership for any reason, the initial appointing
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authority shall appoint a replacement for the unexpired term.
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(e) An advisory council member may not serve more than two consecutive terms.
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(14) A vote of a majority of the advisory council members constitutes an action of the
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advisory council.
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(15) The duties of the advisory council include reviewing, prioritizing, and making
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recommendations to the board regarding proposals for funding under the talent initiative
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created in accordance with Subsection (2) for which the council was created.
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(16) An advisory council member may not receive compensation or benefits for the
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member's service, but [an advisory council member who is not a legislator ]may receive
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per diem and travel expenses in accordance with:
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(a) Sections 63A-3-106 and 63A-3-107; and
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(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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(17) The board may discontinue a talent initiative and the related talent advisory council by
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majority vote.
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Section 4. Section 63M-15-201 is amended to read:
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63M-15-201 . Composition -- Appointments -- Terms -- Removal.
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(1) There is created within the governor's office the ["]Utah Marriage Commission.["]
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[(2) The commission comprises at least 10 members but no more than 30 members,
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appointed as follows:]
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[(a) the president of the Senate shall appoint two members of the Senate;]
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[(b) the speaker of the House of Representatives shall appoint two members of the
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House of Representatives;]
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[(c)] (2) [the ] The governor, or commission leadership under Section 63M-15-202, shall
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appoint up to 28 commission members that:
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[(i)] (a) may come from the following groups:
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[(A)] (i) non-profit organizations or governmental agencies;
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[(B)] (ii) social workers who are, or have been, licensed under Title 58, Chapter 60,
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Part 2, Social Worker Licensing Act;
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[(C)] (iii) psychologists who are, or have been, licensed under Title 58, Chapter 61,
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Psychologist Licensing Act;
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[(D)] (iv) physicians who are, or have been, board certified in psychiatry and are, or
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have been, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
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Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
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[(E)] (v) marriage and family therapists who are, or have been, licensed under Title
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58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
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[(F)] (vi) representatives of faith communities;
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[(G)] (vii) public health professionals;
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[(H)] (viii) representatives of domestic violence prevention organizations;
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[(I)] (ix) academics from marriage and family studies departments, social or
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behavioral sciences departments, health sciences departments, colleges of law, or
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other related and supporting departments at institutions of higher education in this
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state;
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[(J)] (x) the general public;
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[(K)] (xi) individuals with marketing or public relations experience; and
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[(L)] (xii) legal professionals; or
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[(ii)] (b) have skills or expertise the commission requires to fulfill the commission's
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duties described in Section 63M-15-204.
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(3)(a) An individual appointed under Subsection [(2)(c)] (2) shall serve for a term of four
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years.
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(b) If approved by the commission, an individual may be appointed for subsequent terms.
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(c) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed by the applicable appointing authority for the remainder of the unexpired
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term of the original appointment.
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(d) Upon majority vote within commission leadership, commission leadership may
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remove a member of the commission if the member is unable to serve.
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(e) Commission leadership may appoint as many non-voting members as necessary if
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the individuals appointed have skills or expertise related to the commission's duties,
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described in Section 63M-15-204.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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