35A-1-206. State Workforce Development Board — Appointment — Membership — Terms of members — Compensation.
(1)
There is created within the department the State Workforce Development Board in accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C. Sec. 3101 et seq.
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Terms Used In Utah Code 35A-1-206
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
Quorum: The number of legislators that must be present to do business.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
The board shall consist of the following 38 members:
(a)
the governor or the governor’s designee;
(b)
one member of the Senate, appointed by the president of the Senate;
(c)
one representative of the House of Representatives, appointed by the speaker of the House of Representatives;
(d)
the executive director or the executive director’s designee;
(e)
the executive director of the Department of Human Services or the executive director’s designee;
(f)
the director of the Utah State Office of Rehabilitation or the director’s designee;
(g)
the state superintendent of public instruction or the superintendent’s designee;
(h)
the commissioner of higher education or the commissioner’s designee;
(i)
the executive director of the Governor’s Office of Economic Opportunity or the executive director’s designee;
(j)
the executive director of the Department of Veterans and Military Affairs or the executive director’s designee; and
(k)
the following members appointed by the governor:
(i)
20 representatives of business in the state, selected among the following:
(A)
owners of businesses, chief executive or operating officers of businesses, or other business executives or employers with policymaking or hiring authority;
(B)
representatives of businesses, including small businesses, that provide employment opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state; and
(C)
representatives of businesses appointed from among individuals nominated by state business organizations or business trade associations;
(ii)
six representatives of the workforce within the state, which:
(A)
shall include at least two representatives of labor organizations who have been nominated by state labor federations;
(B)
shall include at least one representative from a registered apprentice program;
(C)
may include one or more representatives from a community-based organization that has demonstrated experience and expertise in addressing the employment, training, or educational needs of individuals with barriers to employment; and
(D)
may include one or more representatives from an organization that has demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including organizations that serve out of school youth; and
(iii)
two elected officials that represent a city or a county.
(3)
(a)
The governor shall appoint one of the appointed business representatives as chair of the board.
(b)
The chair shall serve at the pleasure of the governor.
(4)
(a)
The governor shall ensure that members appointed to the board represent diverse geographic areas of the state, including urban, suburban, and rural areas.
(b)
A member appointed by the governor shall serve a term of four years and may be reappointed to one additional term.
(c)
A member shall continue to serve until the member’s successor has been appointed and qualified.
(d)
Except as provided in Subsection (4)(e), as terms of board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(e)
Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately one half of the board is appointed every two years.
(f)
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(g)
The executive director shall terminate the term of any governor-appointed member of the board if the member leaves the position that qualified the member for the appointment.
(5)
A majority of members constitutes a quorum for the transaction of business.
(6)
(a)
A member of the board who is not a legislator may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in:
rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(b)
Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(7)
The department shall provide staff and administrative support to the board at the direction of the executive director.
(8)
The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec. 3111, including:
(a)
identifying opportunities to align initiatives in education, training, workforce development, and economic development;
(b)
developing and implementing the state workforce services plan described in Section 35A-1-207;
(c)
utilizing strategic partners to ensure the needs of industry are met, including the development of expanded strategies for partnerships for in-demand occupations and understanding and adapting to economic changes;
(d)
developing strategies for staff training;
(e)
developing and improving employment centers; and
(f)
performing other responsibilities within the scope of workforce services as requested by:
