S.B. 42

1

UTAH COLLEGE OF APPLIED TECHNOLOGY
2 - GOVERNANCE AND OPERATIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory S. Bell
6 House Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Higher Education Task Force recommended this bill.
11 General Description:
12 This bill modifies provisions relating to the Utah College of Applied Technology and
13 its college campuses.
14 Highlighted Provisions:
15 This bill:
16 . modifies the powers and duties of the State Board of Regents relating to the Utah
17 College of Applied Technology and its college campuses;
18 . requires Utah College of Applied Technology budget and capital facilities requests
19 to be submitted to the State Board of Regents for review and discussion and to be
20 accompanied by written findings;
21 . requires the promotion of certain partnerships for awarding degrees;
22 . modifies campus president appointment and compensation provisions; and
23 . requires the State Board of Regents to conduct certain studies.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 Uncodified Section 5 is repealed on November 30, 2008.

28 Utah Code Sections Affected:
29 AMENDS:
30 53B-1-103, as last amended by Laws of Utah 2003, Chapter 289
31 53B-2a-104, as last amended by Laws of Utah 2007, Chapter 259
32 53B-2a-107, as last amended by Laws of Utah 2005, Chapter 227
33 53B-2a-112, as last amended by Laws of Utah 2003, Chapter 289
34 Uncodified Material Affected:
35 ENACTS UNCODIFIED MATERIAL
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 53B-1-103 is amended to read:
39 53B-1-103. Establishment of State Board of Regents -- Powers and authority.
40 (1) There is established a State Board of Regents.
41 (2) (a) The board is vested with the control, management, and supervision of the
42 institutions of higher education designated in Section 53B-1-102 in a manner consistent with
43 the policy and purpose of this title and the specific powers and responsibilities granted to it.
44 (b) The board is vested with the following powers and duties relating to the Utah
45 College of Applied Technology and its college campuses:
46 (i) approving each competency-based associate of applied technology degree before
47 allowing a college campus to offer the degree;
48 (ii) making rules governing the transfer of applied technology education degrees
49 awarded by the Utah College of Applied Technology to other higher education institutions;
50 (iii) appointing the president for the Utah College of Applied Technology in
51 accordance with Section 53B-2a-102 and board policy; [and]
52 (iv) promoting the creation of partnerships between higher education institutions to
53 create effective career pathways and degree programs that result in the development of
54 associate of science and associate of applied science degrees by credit-granting institutions to
55 meet circumstances and demand;
56 (v) reviewing and discussing the Utah College of Applied Technology's budget
57 requests before the requests are submitted to the Legislature and the Governor's Office of
58 Planning and Budget;

59 (vi) reviewing and discussing the Utah College of Applied Technology's capital
60 facilities and land purchase requests before the requests are submitted to the State Building
61 Board, including ensuring that the requests comply with Section 53B-2a-112 ; and
62 [(iv)] (vii) facilitating and coordinating the operation of the Utah College of Applied
63 Technology within the system of higher education.
64 (c) Except for the Utah College of Applied Technology, the board may modify the
65 name of an institution under its control and management, as designated in Section 53B-1-102 ,
66 to reflect the role and general course of study of the institution.
67 (3) The board is the State Postsecondary Review Entity for Utah for purposes of Title
68 IV, Part H, of the federal Higher Education Act of 1965, as amended by the Higher Education
69 Act Amendments of 1992.
70 (4) This section does not affect the power and authority vested in the State Board of
71 Education to apply for, accept, and manage federal appropriations for the establishment and
72 maintenance of applied technology education.
73 Section 2. Section 53B-2a-104 is amended to read:
74 53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers
75 and duties.
76 The Utah College of Applied Technology Board of Trustees shall:
77 (1) in cooperation with the president of the Utah College of Applied Technology, and
78 with the approval of the State Board of Regents, develop competency-based associate of
79 applied technology degrees to be offered by the Utah College of Applied Technology;
80 (2) approve the courses and requirements for the associate of applied technology
81 degrees;
82 (3) ensure that, pursuant to State Board of Regents' rules, an applied technology
83 education degree is primarily a terminal degree, but is transferable to a bachelor's degree in
84 applied technology at other higher education institutions under specific articulation agreements;
85 (4) ensure that the Utah College of Applied Technology college campuses comply with
86 the requirements in Section 53B-2a-106 ;
87 (5) advise the president of the Utah College of Applied Technology and the State
88 Board of Regents on issues related to applied technology education;
89 (6) receive budget requests from each college campus, compile and prioritize the

90 requests, and submit the request to:
91 (a) the State Board of Regents for review and discussion;
92 [(a)] (b) the Legislature; and
93 [(b)] (c) the Governor's Office of Planning and Budget;
94 (7) receive funding requests pertaining to capital facilities and land purchases from
95 each college campus, ensure that the requests comply with Section 53B-2a-112 , prioritize the
96 requests, and submit the prioritized requests to:
97 (a) the State Board of Regents for review and discussion; and
98 (b) the State Building Board;
99 (8) prepare and submit an annual report detailing its progress and recommendations on
100 applied technology education issues to the governor and to the Legislature's Education Interim
101 Committee by October 31 of each year, which shall include information detailing:
102 (a) how the applied technology education needs of secondary students are being met;
103 [and]
104 (b) how the emphasis on high demand, high wage jobs in business and industry
105 described in Subsection 53B-2a-106 (1)(c)(ii) is being provided; and
106 (c) what access secondary students have to programs offered:
107 (i) at college campuses; and
108 (ii) within the regions served by Snow College and the College of Eastern Utah;
109 (9) receive, by September 30 of each year, an annual report from Snow College and the
110 College of Eastern Utah on the status of and maintenance of the effort for applied technology
111 education in the regions served by Snow College and the College of Eastern Utah, including
112 access to open-entry, open-exit competency-based applied technology education programs at
113 the tuition rate approved by the Utah College of Applied Technology for adults and at no
114 tuition cost to secondary students; [and]
115 (10) promote the creation of partnerships between higher education institutions to
116 create effective career pathways and degree programs that result in the development of
117 associate of science and associate of applied science degrees by credit-granting institutions to
118 meet circumstances and demand; and
119 [(10)] (11) perform other duties and responsibilities prescribed under the policies of the
120 State Board of Regents.

121 Section 3. Section 53B-2a-107 is amended to read:
122 53B-2a-107. Campus presidents -- Appointments -- Duties.
123 (1) (a) The [president of the] Utah College of Applied Technology Board of Trustees
124 shall appoint a campus president for a college campus from a list of at least three names
125 submitted to the [president by] board of trustees by a search committee, the majority of which
126 shall be members of the campus board of directors, to serve as the chief administrative officer
127 of the college campus.
128 (b) A campus president does not need to have a doctorate degree, but shall have
129 extensive experience in applied technology education.
130 (c) A campus president is subject to regular review and evaluation administered by the
131 Utah College of Applied Technology president, in cooperation with the campus board of
132 directors, through a process approved by the board of trustees.
133 (d) A campus president serves at the discretion of the Utah College of Applied
134 Technology [president, in cooperation with the campus board of directors and the board of
135 trustees] Board of Trustees.
136 (e) (i) The Utah College of Applied Technology Board of Trustees shall establish a
137 salary and compensation range for campus presidents.
138 (ii) The Utah College of Applied Technology Board of Trustees, in consultation with a
139 campus board of directors, shall establish the salary and compensation for a campus president
140 within the salary and compensation range established in accordance with Subsection (1)(e)(i).
141 (iii) The Utah College of Applied Technology Board of Trustees, in consultation with a
142 campus board of directors, may establish other employment terms and conditions for a campus
143 president.
144 (2) Each campus president of a college campus shall:
145 (a) serve as the executive officer of the campus board of directors;
146 (b) administer the day-to-day operations of the college campus under the direction of
147 the campus board of directors; and
148 (c) administer human resource policies and employee compensation plans in
149 accordance with the requirements of the Utah College of Applied Technology.
150 Section 4. Section 53B-2a-112 is amended to read:
151 53B-2a-112. College campuses -- Relationships with other public and higher

152 education institutions -- Agreements -- Priorities -- New capital facilities.
153 (1) As used in this section, "higher education institution" means, for each college
154 campus, the higher education institution designated in Section 53B-2a-108 , except for the State
155 Board of Regents, to have a representative on its campus board of directors.
156 (2) A college campus shall avoid any unnecessary duplication of applied technology
157 instructional facilities, programs, administration, and staff between the college campus and
158 other public and higher education institutions.
159 (3) A college campus may enter into agreements:
160 (a) with other higher education institutions to cultivate cooperative relationships;
161 (b) with other public and higher education institutions to enhance applied technology
162 education within its region; or
163 (c) to comply with Subsection (2).
164 (4) Before a college campus develops its own new instructional facilities, it shall give
165 priority to:
166 (a) maintaining its own existing instructional facilities for both secondary and adult
167 students;
168 (b) coordinating with the president of a higher education institution and entering into
169 any necessary agreements to provide applied technology education to both secondary and adult
170 students that:
171 (i) maintain and support existing higher education applied technology education
172 programs; and
173 (ii) maximize the use of existing higher education facilities; and
174 (c) developing cooperative agreements with local school districts, other higher
175 education institutions, businesses, industries, and community and private agencies to maximize
176 the availability of applied technology instructional facilities for both secondary and adult
177 students.
178 (5) (a) Before submitting a funding request pertaining to new capital facilities and land
179 purchases to the Utah College of Applied Technology, a college campus shall:
180 (i) [ensure] make a finding, in writing, that all available instructional facilities are
181 maximized in accordance with Subsections (4)(a) through (c); and
182 (ii) coordinate the request with the president of a higher education institution, if

183 applicable.
184 (b) The State Building Board shall make a finding, in writing, that the requirements of
185 this section are met before it may consider a funding request of the Utah College of Applied
186 Technology pertaining to new capital facilities and land purchases.
187 (c) A college campus may not construct, approve the construction of, plan for the
188 design or construction of, or consent to the construction of an applied technology education
189 facility without approval of the Legislature.
190 (6) Before acquiring new fiscal and administrative support structures, a college campus
191 shall:
192 (a) review the use of existing public or higher education administrative and accounting
193 systems, financial record systems, and student and financial aid systems for the delivery of
194 applied technology education in the region;
195 (b) determine whether it is feasible to use those existing systems; and
196 (c) with the approval of the campus board of directors and the board of trustees, use
197 those existing systems.
198 (7) (a) The higher education institution for the region shall have the first opportunity to
199 offer the general education courses that are required for an associate of applied technology
200 degree offered by the Utah College of Applied Technology, at the college campus site.
201 (b) The content of the general education courses described in Subsection (7)(a) shall be
202 defined by the higher education institution for the region in a manner consistent with the needs
203 of the Utah College of Applied Technology.
204 (c) If the higher education institution for the region is unable to offer the courses
205 described in Subsection (7)(a), other institutions of higher education may offer those courses.
206 (d) The college campuses shall be responsible to provide technical skills training and
207 basic skills as required by business and industry towards an associate of applied technology
208 degree.
209 Section 5. Required studies.
210 (1) (a) The State Board of Regents shall, in consultation with the Utah College of
211 Applied Technology Board of Trustees and the Division of Facilities Construction and
212 Management, conduct a space utilization study for the Utah College of Applied Technology
213 college campuses.

214 (b) The space utilization study shall be reported to the Higher Education
215 Appropriations Subcommittee by September 1, 2008.
216 (2) (a) The State Board of Regents shall, in consultation with the Utah College of
217 Applied Technology Board of Trustees, conduct a facilities master plan that projects the capital
218 needs of the Utah College of Applied Technology college campuses for the next five-year and
219 ten-year periods, based on the space utilization study described in Subsection (1) and projected
220 enrollment growth.
221 (b) The master plans shall be reported to the Higher Education Appropriations
222 Subcommittee by September 1, 2008.
223 Section 6. Repeal date.
224 Uncodified Section 5 is repealed on November 30, 2008.




Legislative Review Note
as of 11-16-07 9:44 AM

Office of Legislative Research and General Counsel