Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 319 (2018GS)

Sponsor

Rep. Chavez-Houck, R.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Governor's Early Childhood Commission (commission) in the Department of Workforce Services;
• creates the Early Childhood Utah Advisory Council (council) in the Department of Health;
• describes the membership and the duties of the commission and the council; and
• provides sunset dates.

Every vote on this bill

Bill text

EARLY CARE AND LEARNING COORDINATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca Chavez-Houck
Senate Sponsor: 
 Ann Millner
LONG TITLE
General Description:
This bill creates a commission in the Department of Workforce Services and an
advisory council in the Department of Health.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Governor's Early Childhood Commission (commission) in the
Department of Workforce Services;
▸ creates the Early Childhood Utah Advisory Council (council) in the Department of
Health;
▸ describes the membership and the duties of the commission and the council; and
▸ provides sunset dates.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-226
, as last amended by Laws of Utah 2017, Chapters 177 and 443
63I-1-235
, as last amended by Laws of Utah 2017, Chapters 128 and 469
ENACTS:
26-62-101
, Utah Code Annotated 1953
26-62-102
, Utah Code Annotated 1953
26-62-201
, Utah Code Annotated 1953
26-62-202
, Utah Code Annotated 1953
26-62-203
, Utah Code Annotated 1953
35A-3-209
, Utah Code Annotated 1953
35A-3-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-62-101
 is enacted to read:
CHAPTER 62. EARLY CHILDHOOD UTAH ADVISORY COUNCIL
Part 1. General Provisions
 26-62-101.
Title.
This chapter is known as the "Early Childhood Utah Advisory Council."
Section 2. Section 
26-62-102
 is enacted to read:
 26-62-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Governor's Early Childhood Commission created in
Section 
35A-3-209
.
(2) "Council" means the Early Childhood Utah Advisory Council created in Section
26-62-201
.
Section 3. Section 
26-62-201
 is enacted to read:
Part 2. Early Childhood Utah Advisory Council
 26-62-201.
Early Childhood Utah Advisory Council.
(1) There is created the Early Childhood Utah Advisory Council.
(2) The council is composed of the following 15 voting members:
(a) a representative of the Bureau of Childhood Development appointed by the
executive director of the department;
(b) a representative of the Office of Child Care appointed by the executive director of
the Department of Workforce Services;
(c) a representative of the State Board of Education appointed by the superintendent of
public instruction;
(d) a representative of the Division of Substance Abuse and Mental Health appointed
by the executive director of the Department of Human Services;
(e) a representative from the department with expertise in early intervention services
appointed by the executive director of the department;
(f) a representative of a local education agency appointed by the president of the Utah
School Board Association;
(g) a representative of the Utah Head Start State Collaboration Office appointed by the
executive director of the Department of Workforce Services;
(h) a representative of the Utah Head Start Association appointed by the association;
(i) the following three members, who may not be employees of the state, appointed by
the executive director of the department:
(i) an early childhood health care provider;
(ii) an early childhood mental health care services provider; and
(iii) a provider of early childhood family support services; and
(j) four members with expertise related to early childhood needs or services appointed
by the cochairs with the approval of the council.
(3) A member described in Subsections (2)(a) through (2)(h) shall serve on the council
until a new representative is appointed by the appointing authority.
(4) A member described in Subsections (2)(i) and (2)(j) is appointed to the council for
a four-year term unless a member is appointed to complete an unexpired term.
(5) If a vacancy occurs in the advisory committee membership for any reason, a
replacement may be appointed for the unexpired term.
(6) A majority of the voting members of the council constitutes a quorum of the
council at any meeting, and the action of the majority of voting members present is the action
of the council.
(7) The voting members of the council shall annually select two cochairs of the
council.
(8) The cochairs are responsible for conducting meetings of the council and shall serve
as members of the commission.
(9) The council shall meet at least four times a year at the request of the cochairs.
(10) The cochairs may appoint additional nonvoting members to the council with the
approval of the council.
(11) The cochairs may remove a member for the following reasons:
(a) missing two consecutive meetings; or
(b) being unable or unwilling to carry out the member's assigned responsibilities.
(12) The department shall provide staff support to the council.
Section 4. Section 
26-62-202
 is enacted to read:
 26-62-202.
Early Childhood Utah Advisory Council -- Duties.
(1) The council shall serve as an entity dedicated to improving and coordinating the
quality of programs and services for children in accordance with the Improving Head Start for
School Readiness Act of 2007, 42 U.S.C. Sec. 9837b.
(2) The council shall advise the commission and, on or before September 1, annually
provide to the commission:
(a) a statewide needs assessment concerning the quality and availability of early
childhood education, health, and development programs and services for children in early
childhood;
(b) a statewide assessment concerning the availability of high-quality pre-kindergarten
services for low-income children; and
(c) a statewide strategic report addressing the activities mandated by the Improving
Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
(i) identifying opportunities for and barriers to collaboration and coordination among
federally funded and state-funded child health and development, child care, and early
childhood education programs and services, including collaboration and coordination among
state agencies responsible for administering such programs;
(ii) evaluating the overall participation of children in existing federal, state, and local
child care programs and early childhood health, development, family support, and education
programs;
(iii) recommending how to implement a unified data collection system for public early
childhood education and development programs and services throughout the state;
(iv) recommending statewide professional development and career advancement plans
for early childhood educators and service providers in the state, including an analysis of the
capacity and effectiveness of programs at two- and four-year public and private institutions of
higher education that support the development of early childhood educators; and
(v) recommending improvements to the state's early learning standards and
high-quality comprehensive early learning standards.
Section 5. Section 
26-62-203
 is enacted to read:
 26-62-203.
Reimbursement for council members.
A member of the council may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(1) Section 
63A-3-106
;
(2) Section 
63A-3-107
; and
(3) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 6. Section 
35A-3-209
 is enacted to read:
 35A-3-209.
Creation of the Governor's Early Childhood Commission.
(1) As used in this section and Section 
35A-3-210
:
(a) "Advisory council" means the Early Childhood Utah Advisory Council created in
Section 
26-62-201
.
(b) "Commission" means the Governor's Early Childhood Commission created in
Subsection (2).
(c) (i) "Early childhood" refers to a child five years of age or younger.
(ii) "Early childhood" includes a child in utero.
(2) There is created the Governor's Early Childhood Commission consisting of the
following 17 members:
(a) the lieutenant governor, who shall serve as chair of the commission;
(b) the executive director of the department or the deputy director if designated by the
executive director, who shall serve as vice chair of the commission;
(c) the executive director of the Department of Health or the deputy director if
designated by the executive director;
(d) the executive director of the Department of Human Services or the deputy director
if designated by the executive director;
(e) the state superintendent of public instruction or the deputy superintendent if
designated by the superintendent;
(f) the commissioner of higher education or the associate commissioner if designated
by the commissioner;
(g) the supervisor of the Utah Head Start State Collaboration Office;
(h) the executive director of the Utah School Superintendents Association;
(i) the executive director of the State Commission on Criminal and Juvenile Justice;
(j) the two cochairs of the advisory council;
(k) the president of the Utah Chapter of the American Academy of Pediatrics;
(l) the governor's education advisor; and
(m) the following four members appointed by the chair of the commission with the
approval of the commission:
(i) a practitioner with expertise in early childhood behavioral health;
(ii) a community leader representing young children from racial or ethnic minorities;
(iii) a representative of a business involved in early childhood matters; and
(iv) an academic expert in the field of early childhood development.
(3) Each member of the commission appointed under Subsection (2)(m) shall be
appointed for a four-year term unless a member is appointed to complete an unexpired term.
(4) The commission chair may remove a commission member appointed under
Subsection (2)(m) and appoint a replacement:
(a) if the member is unable or unwilling to carry out the member's assigned
responsibilities; or
(b) for good cause.
(5) The commission chair:
(a) is responsible for the call and conduct of meetings;
(b) shall call and hold meetings of the commission at least quarterly;
(c) shall call additional meetings upon request by a majority of the commission's
members; and
(d) may delegate duties to the vice chair.
(6) A majority of the members of the commission constitutes a quorum of the
commission at any meeting and the action of the majority of members present is the action of
the commission.
(7) The department shall provide staff support to the commission.
(8) A member of the commission may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 7. Section 
35A-3-210
 is enacted to read:
 35A-3-210.
Duties of Governor's Early Childhood Commission.
(1) The commission's responsibilities include:
(a) establishing and facilitating improved coordination between state agencies and
community partners that provide services to children in early childhood;
(b) sharing and analyzing data and information regarding early childhood in the state;
(c) developing and coordinating a comprehensive delivery system for children in early
childhood that addresses the following four service areas:
(i) family support and safety;
(ii) health and development;
(iii) early learning; and
(iv) economic development; and
(d) identifying opportunities for and barriers to the alignment of standards, rules,
policies, and procedures across programs and agencies that support children in early childhood.
(2) To fulfill the responsibilities described in Subsection (1), the commission shall:
(a) study, evaluate, and report on the status and effectiveness of policies, procedures,
and programs that provide services to children in early childhood;
(b) carefully consider the reporting and information provided by the advisory council;
(c) study and evaluate policies, procedures, and programs implemented by other states
and nongovernmental entities that address the needs of children in early childhood;
(d) identify policies, procedures, and programs that are impeding efforts to help
children in early childhood in the state and recommend and implement changes to those
policies and procedures;
(e) recommend policy, procedure, and program changes to address the needs of
children in early childhood;
(f) develop methods for using interagency data to inform comprehensive policy and
budget decisions relating to early childhood services;
(g) establish and facilitate coordination among state agencies, including coordination
of funding resources, to meet the needs established in the annual needs assessment provided by
the advisory council;
(h) make recommendations on how to ensure the state's interagency data system
infrastructure allows for statewide needs assessments regarding the quality and availability of
early childhood services; and
(i) develop strategies and monitor efforts concerning:
(i) increasing school readiness;
(ii) improving access to child care and early education programs; and
(iii) improving family and community engagement in early childhood education and
development.
(3) In fulfilling the commission's duties, the commission may collaborate with:
(a) the State Workforce Development Board;
(b) the Utah Data Research Advisory Board;
(c) the Utah Intergenerational Welfare Reform Commission;
(d) the Child Care Advisory Committee;
(e) the State Commission on Criminal and Juvenile Justice; and
(f) other boards, commissions, and councils that exist within the state's executive
branch that address services for children in early childhood.
(4) In fulfilling the commission's duties, the commission may:
(a) request and receive, from any state or local governmental agency or institution,
information relating to early childhood, including reports, audits, data, projections, and
statistics; and
(b) appoint special advisory groups to advise and assist the commission.
(5) Members of a special advisory group described in Subsection (4)(b):
(a) shall be appointed by the commission;
(b) may include:
(i) members of the commission; and
(ii) individuals from the private or public sector; and
(c) may not receive reimbursement or pay for work done in relation to the special
advisory group.
(6) A special advisory group created in accordance with Subsection (4)(b) shall report
to the commission on the progress of the special advisory group.
(7) (a) The commission shall annually provide a report to the department for inclusion
in the department's annual written report described in Section 
35A-1-109
.
(b) The commission's report shall:
(i) describe how the commission fulfilled its statutory duties during the year;
(ii) describe the commission's progress in developing and coordinating a
comprehensive delivery system of services for children in early childhood; and
(iii) include recommendations on how the state should act to address issues related to
providing services for children in early childhood.
Section 8. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Section 
26-1-40
 is repealed July 1, 2019.
(2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1, 2025.
(3) Section 
26-10-11
 is repealed July 1, 2020.
(4) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
(5) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2019.
(6) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2021.
(7) Section 
26-38-2.5
 is repealed July 1, 2017.
(8) Section 
26-38-2.6
 is repealed July 1, 2017.
(9) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed July 1, 2021.
(10) Title 26, Chapter 62, Early Childhood Utah Advisory Council, is repealed July 1,
2023.
Section 9. Section 
63I-1-235
 is amended to read:
63I-1-235.
Repeal dates, Title 35A.
(1) Sections 
35A-3-309
 and 
35A-3-310
 are repealed July 1, 2023.
(2)
 Subsection 
35A-4-312
(5)(p) is repealed July 1, 2019.
Legislative Review Note
Office of Legislative Research and General Counsel