S.B. 70

1

UTAH VALLEY UNIVERSITY
2 INSTITUTIONAL NAME CHANGE
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John L. Valentine
6 House Sponsor: David Clark
7 Cosponsors:
8 Gregory S. Bell
9 Curtis S. Bramble
10 D. Chris Buttars
11 Allen M. Christensen
12 Gene Davis
13 Margaret Dayton
14 Mike Dmitrich
15 Dan R. EastmanFred J. Fife
Brent H. Goodfellow
Jon J. Greiner
John W. Hickman
Scott K. Jenkins
Patricia W. Jones
Sheldon L. Killpack
Peter C. Knudson
Mark B. MadsenEd Mayne
Scott D. McCoy
Wayne L. Niederhauser
Darin G. Peterson
Ross I. Romero
Howard A. Stephenson
Dennis E. Stowell
Kevin T. VanTassell
Carlene M. Walker 16
17 LONG TITLE
18 General Description:
19 This bill modifies the State System of Higher Education Code by changing the name of
20 Utah Valley State College to Utah Valley University.
21 Highlighted Provisions:
22 This bill:
23 . changes the name of Utah Valley State College to Utah Valley University;
24 . clarifies the status of the university as a continuation of the college; and
25 . makes technical corrections.
26 Monies Appropriated in this Bill:
27 This bill appropriates:
28 . as an ongoing appropriation subject to future budget constraints, $10,000,000 from
29 the General Fund for fiscal year 2007-08 to Utah Valley University.

30 Other Special Clauses:
31 This bill takes effect on July 1, 2007.
32 Utah Code Sections Affected:
33 AMENDS:
34 53B-1-102, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
35 53B-2-101, as last amended by Chapters 89 and 227, Laws of Utah 2005
36 53B-2-104, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
37 53B-2a-108, as last amended by Chapters 233 and 289, Laws of Utah 2003
38 53B-3-102, as last amended by Chapter 7, Laws of Utah 2000
39 53B-7-502, as enacted by Chapter 103, Laws of Utah 1998
40 53B-8-101, as last amended by Chapter 172, Laws of Utah 2003
41 53B-16-201, as last amended by Chapter 63, Laws of Utah 1994
42 63-91-201, as last amended by Chapter 179, Laws of Utah 2000
43 76-8-701, as last amended by Chapter 7, Laws of Utah 2000
44 ENACTS:
45 53B-2-110, Utah Code Annotated 1953
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 53B-1-102 is amended to read:
49 53B-1-102. State system of higher education.
50 (1) The state system of higher education consists of the following institutions:
51 (a) State Board of Regents;
52 (b) the University of Utah;
53 (c) Utah State University of Agricultural and Applied Science, hereafter referred to in
54 this title as Utah State University;
55 (d) Weber State University;
56 (e) Southern Utah University;
57 (f) Snow College;
58 (g) Dixie State College of Utah;
59 (h) the College of Eastern Utah;
60 (i) Utah Valley [State College] University;

61 (j) Salt Lake Community College;
62 (k) the Utah College of Applied Technology; and
63 (l) other public post-high school educational institutions as the Legislature may
64 designate.
65 (2) A change in the name of an institution within the system of higher education shall
66 not be considered a change in the role or mission of the institution, unless otherwise authorized
67 by the State Board of Regents.
68 (3) It is not the intent of the Legislature to increase the number of research universities
69 in the state beyond the University of Utah and Utah State University.
70 (4) These institutions are empowered to sue and be sued and to contract and be
71 contracted with.
72 Section 2. Section 53B-2-101 is amended to read:
73 53B-2-101. Institutions of higher education -- Corporate bodies -- Powers.
74 (1) The following institutions of higher education are bodies politic and corporate with
75 perpetual succession and with all rights, immunities, and franchises necessary to function as
76 such:
77 (a) the University of Utah;
78 (b) Utah State University;
79 (c) Weber State University;
80 (d) Southern Utah University;
81 (e) Snow College;
82 (f) Dixie State College of Utah;
83 (g) the College of Eastern Utah;
84 (h) Utah Valley [State College] University;
85 (i) Salt Lake Community College; and
86 (j) the Utah College of Applied Technology.
87 (2) (a) Each institution may have and use a corporate seal and may, subject to Section
88 53B-20-103 , take, hold, lease, sell, and convey real and personal property as the interest of the
89 institution requires.
90 (b) Each institution is vested with all the property, franchises, and endowments of, and
91 is subject to, all the contracts, obligations, and liabilities of its respective predecessor.

92 (c) (i) Each institution may enter into business relationships or dealings with private
93 seed or venture capital entities or partnerships consistent with Utah Constitution Article VI,
94 Section 29, Subsection (2).
95 (ii) A business dealing or relationship entered into under Subsection (2)(c)(i) does not
96 preclude the private entity or partnership from participating in or receiving benefits from a
97 venture capital program authorized or sanctioned by the laws of this state, unless otherwise
98 precluded by the specific law that authorizes or sanctions the program.
99 (iii) Subsections (2)(c)(i) and (ii) also apply to the Utah College of Applied
100 Technology created in Title 53B, Chapter 2a, Utah College of Applied Technology.
101 Section 3. Section 53B-2-104 is amended to read:
102 53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath --
103 Officers -- Bylaws -- Quorum -- Committees -- Compensation.
104 (1) (a) The board of trustees of an institution of higher education consists of the
105 following:
106 (i) eight persons appointed by the governor and approved by the Senate; and
107 (ii) two ex officio members who are the president of the institution's alumni
108 association, and the president of the associated students of the institution.
109 (b) The appointed members of the boards of trustees for Utah Valley [State College]
110 University and Salt Lake Community College shall be representative of the interests of
111 business, industry, and labor.
112 (2) (a) The governor shall appoint four members of each board of trustees during each
113 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
114 (b) An appointed member holds office until a successor is appointed and qualified.
115 (c) The ex officio members serve for the same period as they serve as presidents and
116 until their successors have qualified.
117 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
118 appointed for the unexpired term.
119 (4) (a) Each member shall take the official oath of office prior to assuming the office.
120 (b) The oath shall be filed with the Division of Archives and Records Services.
121 (5) Each board of trustees shall elect a chair and vice chair, who serve for two years
122 and until their successors are elected and qualified.

123 (6) (a) Each board of trustees may enact bylaws for its own government, including
124 provision for regular meetings.
125 (b) (i) The board of trustees may provide for an executive committee in its bylaws.
126 (ii) If established, the committee shall have full authority of the board of trustees to act
127 upon routine matters during the interim between board of trustees meetings.
128 (iii) The committee may act on nonroutine matters only under extraordinary and
129 emergency circumstances.
130 (iv) The committee shall report its activities to the board of trustees at its next regular
131 meeting following the action.
132 (c) Copies of the board of trustees' bylaws shall be filed with the board.
133 (7) A quorum is required to conduct business and consists of six members.
134 (8) A board of trustees may establish advisory committees.
135 (9) (a) (i) Members who are not government employees shall receive no compensation
136 or benefits for their services, but may receive per diem and expenses incurred in the
137 performance of the member's official duties at the rates established by the Division of Finance
138 under Sections 63A-3-106 and 63A-3-107 .
139 (ii) Members may decline to receive per diem and expenses for their service.
140 (b) (i) State government officer and employee members who do not receive salary, per
141 diem, or expenses from their agency for their service may receive per diem and expenses
142 incurred in the performance of their official duties from the board at the rates established by the
143 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
144 (ii) State government officer and employee members may decline to receive per diem
145 and expenses for their service.
146 (c) (i) Higher education members who do not receive salary, per diem, or expenses
147 from the entity that they represent for their service may receive per diem and expenses incurred
148 in the performance of their official duties from the committee at the rates established by the
149 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
150 (ii) Higher education members may decline to receive per diem and expenses for their
151 service.
152 (10) This section does not apply to the Utah College of Applied Technology.
153 Section 4. Section 53B-2-110 is enacted to read:

154 53B-2-110. Utah Valley University -- Institutional name change.
155 (1) Beginning July 1, 2007, Utah Valley State College shall be known as Utah Valley
156 University.
157 (2) The university is a continuation of Utah Valley State College and shall:
158 (a) possess all rights, title, privileges, powers, immunities, franchises, endowments,
159 property, and claims of the college; and
160 (b) fulfill and perform all obligations of the college, including obligations relating to
161 outstanding bonds and notes.
162 Section 5. Section 53B-2a-108 is amended to read:
163 53B-2a-108. Campus boards of directors -- Membership -- Appointments.
164 Each campus shall have a campus board of directors appointed as follows:
165 (1) the Bridgerland Applied Technology College Campus Board of Directors shall be
166 composed of the following 13 members:
167 (a) one elected local school board member appointed by the board of education for the
168 Box Elder School District;
169 (b) one elected local school board member appointed by the board of education for the
170 Cache School District;
171 (c) one elected local school board member appointed by the board of education for the
172 Logan School District;
173 (d) one elected local school board member appointed by the board of education for the
174 Rich School District;
175 (e) one member of the Utah State University board of trustees;
176 (f) one member of the State Board of Regents designated by the chair of the State
177 Board of Regents to serve a one-year term; and
178 (g) seven representatives of business or industry within the region appointed jointly by
179 the members appointed under Subsections (1)(a) through (f);
180 (2) the Ogden-Weber Applied Technology College Campus Board of Directors shall be
181 composed of the following 11 members:
182 (a) one elected local school board member appointed by the board of education for the
183 Ogden City School District;
184 (b) one elected local school board member appointed by the board of education for the

185 Weber School District;
186 (c) one elected local school board member jointly appointed by the boards of education
187 for the Ogden City School District and the Weber School District;
188 (d) one member of the Weber State University board of trustees;
189 (e) one member of the State Board of Regents designated by the chair of the State
190 Board of Regents to serve a one-year term; and
191 (f) six representatives of business or industry within the region appointed jointly by the
192 members appointed under Subsections (2)(a) through (e);
193 (3) the Davis Applied Technology College Campus Board of Directors shall be
194 composed of the following 11 members:
195 (a) one elected local school board member appointed by the board of education for the
196 Davis School District;
197 (b) one elected local school board member appointed by the board of education for the
198 Morgan School District;
199 (c) one elected local school board member jointly appointed by the boards of education
200 for the Davis School District and the Morgan School District;
201 (d) one member of the Weber State University board of trustees;
202 (e) one member of the State Board of Regents designated by the chair of the State
203 Board of Regents to serve a one-year term; and
204 (f) six representatives of business or industry within the region appointed jointly by the
205 members appointed under Subsections (3)(a) through (e);
206 (4) the Salt Lake/Tooele Applied Technology College Campus Board of Directors shall
207 be composed of the following 15 members:
208 (a) one elected local school board member appointed by the board of education for the
209 Salt Lake City School District;
210 (b) one elected local school board member appointed by the board of education for the
211 Granite School District;
212 (c) one elected local school board member appointed by the board of education for the
213 Jordan School District;
214 (d) one elected local school board member appointed by the board of education for the
215 Murray School District;

216 (e) one elected local school board member appointed by the board of education for the
217 Tooele School District;
218 (f) one member of the Salt Lake Community College board of trustees;
219 (g) one member of the State Board of Regents designated by the chair of the State
220 Board of Regents to serve a one-year term; and
221 (h) eight representatives of business or industry within the region appointed jointly by
222 the members appointed under Subsections (4)(a) through (g);
223 (5) the Mountainland Applied Technology College Campus Board of Directors shall be
224 composed of the following 19 members:
225 (a) one elected local school board member appointed by the board of education for the
226 Alpine School District;
227 (b) one elected local school board member appointed by the board of education for the
228 Nebo School District;
229 (c) one elected local school board member appointed by the board of education for the
230 Provo School District;
231 (d) one elected local school board member appointed by the board of education for the
232 South Summit School District;
233 (e) one elected local school board member appointed by the board of education for the
234 North Summit School District;
235 (f) one elected local school board member appointed by the board of education for the
236 Wasatch School District;
237 (g) one elected local school board member appointed by the board of education for the
238 Park City School District;
239 (h) one member of the Utah Valley [State College] University board of trustees;
240 (i) one member of the State Board of Regents designated by the chair of the State
241 Board of Regents to serve a one-year term; and
242 (j) ten representatives of business or industry within the region appointed jointly by the
243 members appointed under Subsections (5)(a) through (i);
244 (6) the Uintah Basin Applied Technology College Campus Board of Directors shall be
245 composed of the following 11 members:
246 (a) one elected local school board member appointed by the board of education for the

247 Daggett School District;
248 (b) one elected local school board member appointed by the board of education for the
249 Duchesne School District;
250 (c) one elected local school board member appointed by the board of education for the
251 Uintah School District;
252 (d) one member of the Utah State University board of trustees;
253 (e) one member of the State Board of Regents designated by the chair of the State
254 Board of Regents to serve a one-year term; and
255 (f) six representatives of business or industry within the region appointed jointly by the
256 members appointed under Subsections (6)(a) through (e);
257 (7) the Southwest Applied Technology College Campus Board of Directors shall be
258 composed of the following 13 members:
259 (a) one elected local school board member appointed by the board of education for the
260 Beaver School District;
261 (b) one elected local school board member appointed by the board of education for the
262 Garfield School District;
263 (c) one elected local school board member appointed by the board of education for the
264 Iron School District;
265 (d) one elected local school board member appointed by the board of education for the
266 Kane School District;
267 (e) one member of the Southern Utah University board of trustees;
268 (f) one member of the State Board of Regents designated by the chair of the State
269 Board of Regents to serve a one-year term; and
270 (g) seven representatives of business or industry within the region appointed jointly by
271 the members appointed under Subsections (7)(a) through (f);
272 (8) the Dixie Applied Technology College Campus Board of Directors shall be
273 composed of the following 11 members:
274 (a) three elected local school board members appointed by the board of education for
275 the Washington School District;
276 (b) one member of the Dixie State College of Utah board of trustees;
277 (c) one member of the State Board of Regents designated by the chair of the State

278 Board of Regents to serve a one-year term; and
279 (d) six representatives of business or industry within the region appointed jointly by the
280 members appointed under Subsections (8)(a) through (c);
281 (9) the Southeast Applied Technology College Campus Board of Directors shall be
282 composed of the following 13 members:
283 (a) one elected local school board member appointed by the board of education for the
284 Carbon School District;
285 (b) one elected local school board member appointed by the board of education for the
286 Emery School District;
287 (c) one elected local school board member appointed by the board of education for the
288 Grand School District;
289 (d) one elected local school board member appointed by the board of education for the
290 San Juan School District;
291 (e) one member of the College of Eastern Utah board of trustees;
292 (f) one member of the State Board of Regents designated by the chair of the State
293 Board of Regents to serve a one-year term; and
294 (g) seven representatives of business or industry within the region appointed jointly by
295 the members appointed under Subsections (9)(a) through (f); and
296 (10) the representatives of business or industry shall be appointed jointly by the
297 designated members from a list of names provided by local organizations or associations whose
298 members employ workers with applied technology education.
299 Section 6. Section 53B-3-102 is amended to read:
300 53B-3-102. "State institution of higher education" defined.
301 (1) As used in this chapter, "state institution of higher education" means the University
302 of Utah, Utah State University, Southern Utah University, Weber State University, Snow
303 College, Dixie State College of Utah, the College of Eastern Utah, Utah Valley [State College]
304 University, Salt Lake Community College, and any other university or college which may be
305 established and maintained by the state.
306 (2) It includes any branch or affiliated institution and any campus or facilities owned,
307 operated, or controlled by the governing board of the university or college.
308 Section 7. Section 53B-7-502 is amended to read:

309 53B-7-502. Higher Education Tuition Assistance Program.
310 (1) There is created the "Utah Higher Education Tuition Assistance Program," hereafter
311 referred to in this part as the program.
312 (2) The board shall administer the program.
313 (3) The program shall be funded through appropriations by the Legislature.
314 (4) Money appropriated for the program shall be available only for matching grants for
315 scholarship endowments to higher education institutions under this part.
316 (5) (a) The board shall adopt rules for administration of the program, in accordance
317 with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
318 (b) The rules shall include the requirements that money appropriated to the program for
319 a specific fiscal year, plus any remaining balance at the end of the preceding fiscal year, shall
320 be allocated to eligible institutions on the following basis:
321 (i) the board shall distribute 50% of the amount available for allocation each fiscal year
322 in equal proportions to:
323 (A) Snow College, main campus and extensions;
324 (B) Dixie College, main campus and extensions;
325 (C) College of Eastern Utah, main campus and extensions;
326 (D) College of Eastern Utah, San Juan Campus and extensions;
327 (E) Utah Valley [State College] University, main campus and extensions;
328 (F) Salt Lake Community College, Taylorsville campus and extensions; and
329 (G) Salt Lake Community College, South City Campus; and
330 (ii) the board shall distribute 50% of the amount available for allocation each fiscal
331 year to the Utah State University for its instructional centers at Roosevelt, Blanding, Randolph,
332 Price, Moab, Brigham City, Tooele, Richfield, and Ephraim, and other centers as may be
333 determined by the board.
334 (6) Higher education institutions may submit proposals to the board, for specific
335 eligible entities, for one-to-one matching grants for endowment of scholarship programs for
336 students with demonstrated financial need, determined by criteria established by the board.
337 (7) An institution may submit a proposal under Subsection (6) only when it has raised,
338 from nonappropriated sources other than federal funds or reimbursed overhead funds, the
339 one-to-one match for the amount of program moneys requested in the proposal.

340 (8) Money allocated for a specific eligible entity from a specific fiscal year
341 appropriation shall remain in reserve for proposals for the specific eligible entity for a period of
342 three fiscal years, and any money reserved for which the institution does not submit an eligible
343 proposal by the end of the three-year period shall be returned to the pool of program money
344 available for allocation for the following fiscal year.
345 (9) (a) An institution shall provide that, if grant money is received from the program,
346 the institution shall establish a specific restricted college endowment fund, separate and distinct
347 from any foundation funds, for scholarships for students with demonstrated financial need, who
348 are enrolled at the specific eligible entity covered by the proposal, in accordance with board
349 rules adopted for the program.
350 (b) Money in the college endowment funds shall be invested in compliance with rules
351 of the State Money Management Council applicable to gift funds.
352 (c) Principle of the institutional endowment funds established under the program may
353 not be expended and up to 50% of the money earned on principle in the endowment funds in a
354 fiscal year may be retained and capitalized as endowment principle, but at least 50% of the
355 money shall be used for scholarships for students with demonstrated financial need in the
356 following fiscal year.
357 Section 8. Section 53B-8-101 is amended to read:
358 53B-8-101. Waiver of tuition.
359 (1) (a) The president of each institution may waive all or part of the tuition in behalf of
360 meritorious or impecunious resident students to an amount not exceeding 10% of the total
361 amount of tuition which, in the absence of the waivers, would have been collected from all
362 Utah resident students at the institution.
363 (b) Two and a half percent of the waivers designated in Subsection (1)(a) shall be set
364 aside for members of the Utah National Guard. Waivers shall be preserved by the student at
365 least 60 days before the beginning of an academic term.
366 (2) (a) Each academic year the president of each of the following institutions may
367 waive all or part of the resident portion of the tuition in behalf of the additional number of
368 meritorious nonresident students set forth below who are not current recipients of the waiver:
369 Number of Nonresident
370 Institution Students

371 the University of Utah 190
372 Utah State University 165
373 Weber State University 135
374 Southern Utah University 68
375 Snow College 18
376 Dixie State College of Utah 30
377 the College of Eastern Utah 18
378 Utah Valley [State College] University 114
379 Salt Lake Community College 43
380 (b) (i) The president may continue to waive the resident portion of the tuition during
381 the entire time the affected meritorious nonresident student remains an undergraduate student
382 in good standing at the institution.
383 (ii) The resident portion of the tuition for each nonresident student is equal to the
384 tuition for resident students at the institution.
385 (c) The president may waive the nonresident portion of tuition for a meritorious
386 nonresident student receiving a waiver under Subsection (2)(a) after completion of the student's
387 first year of full-time study at the institution.
388 (d) (i) In addition to the waivers authorized by Subsections (2)(a) and (c), the president
389 may waive all or part of the nonresident portion of tuition for a meritorious nonresident student
390 during the student's first year of full-time study at the institution.
391 (ii) The number of these nonresident waivers for each institution is limited to the
392 percentage of nonresident students at each institution times the nonresident student number