Merit Institute Merit

The Utah Merit-Based Credentialing Act (UT-ACSA)

Utah state companion to ACSA. Extends Utah's universal occupational-licensure recognition under Utah Code Sec. 58-1-302, DWS workforce framework, and Utah Code Title 59 Ch. 10 income-tax credit infrastructure.

THE UTAH MERIT-BASED CREDENTIALING ACT (UT-ACSA)

Vehicle: State passage. Utah Legislature, regular session. Primary referral to House Business and Labor / Revenue and Taxation and Senate Business and Labor / Revenue and Taxation.

SECTION 1. SHORT TITLE

This Act may be cited as the “Utah Merit-Based Credentialing Act (UT-ACSA).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that Utah enacted universal occupational-licensure recognition under Utah Code Sec. 58-1-302 et seq. (2022, HB 60); that the Utah Department of Workforce Services (DWS) operates under Utah Code Title 35A; that the Utah Board of Higher Education operates under Utah Code Title 53B; that the Utah System of Higher Education includes the Utah Technical College Alliance; that Utah Code Title 59 Ch. 10 provides income-tax credits, including the research credit under Sec. 59-10-1012; that Utah operates the Talent Ready Utah program under DWS; and that Utah publishes school-accountability ratings under Utah Code Title 53E. This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH UTAH LAW

Sec. 101. Definitions

  1. (a) “Utah Recognized Merit Credential” or “UTRMC” means a competency-based credential designated by the Commissioner of Higher Education in coordination with DWS under Sec. 201.
  2. (b) “Federal FRAC” means a Federally Recognized Alternative Credential under Section 202 of the federal ACSA.
  3. (c) “DWS industry credential” means a credential recognized by the Utah Department of Workforce Services.
  4. (d) “Covered State licensing authority” means an agency issuing an occupational license under Utah Code Title 58.

Sec. 102. Coordination with Existing Utah Law

  1. (a) Consistent with:
  • Utah Code Sec. 58-1-302 et seq. (universal recognition); Title 58 generally.
  • Utah Code Title 53B (Board of Higher Education).
  • Utah Code Title 35A (DWS; Talent Ready Utah).
  • Utah Code Title 59 Ch. 10 (income tax) and Sec. 59-10-1012 (research credit).
  • Utah Code Title 67 Ch. 19 (state personnel management).
  • Utah Code Title 53E (K-12 public education accountability).

TITLE II — UTAH RECOGNIZED MERIT CREDENTIALS

Sec. 201. Designation Authority

  1. (a) The Commissioner of Higher Education, in coordination with DWS, shall maintain a Utah Recognized Merit Credentials registry (“UTRMC Registry”) in machine-readable form, updated at least annually, crosswalked to Federal FRAC.

Sec. 202. Degree-Optional State Employment

  1. (a) Utah Code Title 67 Ch. 19 (state personnel management) shall be applied so that a UTRMC-holder satisfies any position qualification stated in terms of a college degree, unless expressly required by Utah statute.

TITLE III — TAX INCENTIVE FOR SKILLS-BASED HIRING

Sec. 301. Utah Skills-Based Hiring Income-Tax Credit

  1. (a) A new credit is added to Utah Code Title 59 Ch. 10 equal to a percentage of qualified first-year wages paid to a Utah-domiciled employee whose qualifying pathway is a UTRMC or Federal FRAC.
  2. (b) Coordinated with federal IRC Sec. 45AA; aggregate cap in the appropriations act.
  3. (c) Utah State Tax Commission administers consistent with Sec. 59-10-1012 mechanics.

TITLE IV — OCCUPATIONAL LICENSURE PORTABILITY

Sec. 401. Licensure by Demonstrated Competency

  1. (a) A covered State licensing authority shall provide a demonstrated-competency pathway accepting a UTRMC, Federal FRAC, or examination-plus-supervised-experience.

Sec. 402. Interstate Recognition for Federal-Fund Recipients

  1. (a) A covered State licensing authority receiving Federal workforce funds under 29 U.S.C. Sec. 3161 et seq. shall recognize out-of-state holders, consistent with Section 401 of the federal ACSA and Utah Code Sec. 58-1-302 et seq.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect May 1 of the year following enactment, except that Sec. 301 shall apply to tax years beginning on or after January 1 of that year.

Canonical federal version: ACSA. Other Utah bills: UT-MEWRA, UT-GT&P, UT-AI-Workforce.