H.B. 53 Enrolled

1

UTAH EDUCATION NETWORK AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill modifies the governance of the Utah Education Network (UEN).
10 Highlighted Provisions:
11 This bill:
12 . creates the Utah Education Network Board, which is the governing board for UEN;
13 . specifies the membership of the Utah Education Network Board;
14 . specifies the power and duties of the Utah Education Network Board which include:
15 . hiring an executive director for UEN;
16 . establishing policy for the operation of UEN and the administration of UEN's
17 duties; and
18 . advising UEN in the development of a telecommunications system to deliver
19 educational services and the acquisition and distribution of instructional content;
20 and
21 . makes technical amendments.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides an immediate effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 53B-17-102, as last amended by Laws of Utah 2010, Chapter 286
29 53B-17-104, as last amended by Laws of Utah 2009, Chapter 290

30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53B-17-102 is amended to read:
33 53B-17-102. Utah Education Network.
34 (1) (a) As used in this part, "Utah Education Network" and "UEN" mean a consortium
35 and partnership between public and higher education established to:
36 (i) coordinate and support the telecommunications needs of public and higher
37 education, public libraries, and entities affiliated with the state systems of public and higher
38 education as approved by the Utah Education Network Board, including the statewide
39 development and implementation of a network for education, utilizing satellite, microwave,
40 fiber-optic, broadcast, and other transmission media;
41 (ii) coordinate the various telecommunications technology initiatives of public and
42 higher education;
43 (iii) provide high-quality, cost-effective Internet access and appropriate interface
44 equipment for schools and school systems;
45 (iv) procure, install, and maintain telecommunication services and equipment on behalf
46 of public and higher education;
47 (v) develop or implement other programs or services for the delivery of distance
48 learning as directed by law; and
49 (vi) apply for state and federal funding on behalf of public and higher education.
50 (b) In performing the duties under this Subsection (1), UEN shall:
51 (i) provide services to schools, school districts, and the public and higher education
52 systems through an open and competitive bidding process;
53 (ii) work with the private sector to deliver high-quality, cost-effective services; [and]
54 (iii) avoid duplicating facilities, equipment or services of private providers of public
55 telecommunications service, as defined under Section 54-8b-2 [.];
56 (iv) utilize statewide economic development criteria in the design and implementation
57 of the educational telecommunications infrastructure; and

58 (v) assure that public service entities such as educators, public service providers, and
59 public broadcasters are provided access to the telecommunications infrastructure developed in
60 the state.
61 (2) The University of Utah shall provide administrative management for UEN.
62 [(3) (a) The governor shall appoint a statewide steering committee of representatives
63 from public and higher education, state government, and private industry to advise UEN in the
64 development and operation of a coordinated, statewide, multi-option telecommunications
65 system to assist in the delivery of educational services throughout the state.]
66 (3) (a) The Utah Education Network Board, which is the governing board for UEN, is
67 created.
68 (b) The Utah Education Network Board shall be appointed as follows:
69 (i) (A) The State Board of Education shall appoint four members to represent the state
70 system of public education.
71 (B) In selecting members to represent the state system of public education, the State
72 Board of Education shall select members from different regions of the state and both urban and
73 rural areas.
74 (ii) (A) The commissioner of higher education shall appoint four members to represent
75 the state system of higher education.
76 (B) In selecting members to represent the state system of higher education, the
77 commissioner of higher education shall select members from different regions of the state and
78 both urban and rural areas.
79 (iii) The president of the Utah College of Applied Technology shall appoint one
80 member to represent the Utah College of Applied Technology.
81 (iv) The governor shall appoint:
82 (A) one member to represent the state library; and
83 (B) one member to represent the Office of the Governor.
84 [(b)] (c) Except as required by Subsection (3)[(c)](d), members shall be appointed to
85 four-year terms.

86 [(c) Notwithstanding the requirements of Subsection (3)(b), the]
87 (d) The governor, State Board of Education, and commissioner of higher education
88 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
89 terms of [committee] Utah Education Network Board members are staggered so that
90 approximately half of the [committee] Utah Education Network Board is appointed every two
91 years.
92 [(d)] (e) When a vacancy occurs in the membership for any reason, the replacement
93 shall be appointed for the unexpired term.
94 (f) (i) The Utah Education Network Board shall elect:
95 (A) a cochair from the members representing the state system of public education; and
96 (B) a cochair from the members representing the state system of higher education.
97 (ii) The cochairs shall set the agenda for Utah Education Network Board meetings.
98 (4) A member of the Utah Education Network Board may not receive compensation or
99 benefits for the member's service, but may receive per diem and travel expenses in accordance
100 with:
101 (a) Section 63A-3-106 ;
102 (b) Section 63A-3-107 ; and
103 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
104 63A-3-107 .
105 (5) The Utah Education Network Board shall:
106 (a) hire an executive director for UEN, and may terminate the executive director's
107 employment or assignment;
108 (b) determine the executive director's salary;
109 (c) annually conduct a performance evaluation of the executive director;
110 (d) establish policies the Utah Education Network Board determines are necessary for
111 the operation of UEN and the administration of UEN's duties;
112 (e) advise UEN in:
113 (i) the development and operation of a coordinated, statewide, multi-option

114 telecommunications system to assist in the delivery of educational services throughout the
115 state; and
116 (ii) acquiring, producing, and distributing instructional content; and
117 (f) establish an advisory council to assist the Utah Education Network Board in
118 performing its responsibilities under Subsection (5)(e).
119 (6) The executive director of UEN shall be an at-will employee.
120 [(5)] (7) UEN shall locate and maintain educational telecommunication infrastructure
121 throughout the state.
122 [(6)] (8) Educational institutions shall manage site operations under policy established
123 by UEN.
124 [(7)] (9) Subject to future budget constraints, the Legislature shall provide an annual
125 appropriation to operate UEN.
126 (10) If the network operated by the Department of Technology Services is not
127 available, UEN may provide network connections to the central administration of counties and
128 municipalities for the sole purpose of transferring data to a secure facility for backup and
129 disaster recovery.
130 Section 2. Section 53B-17-104 is amended to read:
131 53B-17-104. Responsibilities of the State Board of Regents, the State Board of
132 Education, the University of Utah, KUED - TV, KUER - FM, and UEN related to public
133 broadcasting and telecommunication for education and government.
134 (1) Subject to applicable rules of the Federal Communications Commission and
135 Section 53B-17-102 , the State Board of Regents, the State Board of Education, and the
136 University of Utah, KUED - TV, KUER - FM, and UEN shall:
137 (a) coordinate statewide services of public radio and television;
138 (b) develop, maintain, and operate statewide distribution systems for KUED - TV,
139 KUER - FM, and KUEN, the statewide distance learning service, the educational data network,
140 connections to the Internet, and other telecommunications services appropriate for providing
141 video, audio, and data telecommunication services in support of public and higher education,

142 state government, and public libraries;
143 (c) support the delivery of these services to as many communities as may be
144 economically and technically feasible and lawfully permissible under the various operating
145 licenses;
146 (d) cooperate with state and local governmental and educational agencies and provide
147 leadership and consulting service for telecommunication for education;
148 (e) represent the state with privately owned telecommunications systems to gain access
149 to their networks for the delivery of programs and services sponsored or produced by public
150 and higher education;
151 (f) acquire, produce, coordinate, and distribute a variety of programs and services of an
152 educational, cultural, informative, and entertaining nature designed to promote the public
153 interest and welfare of the state;
154 (g) coordinate with the state system of higher education to acquire, produce, and
155 distribute broadcast and nonbroadcast college credit telecourses, teleconferences, and other
156 instructional and training services;
157 (h) coordinate with [the State Board of Education and] school districts and public
158 schools to acquire, produce, and distribute broadcast and nonbroadcast telecourses,
159 teleconferences, and other instructional and training services to the public schools;
160 (i) [act as] coordinate the development of a clearing house for the materials, courses,
161 publications, media, software, and other applicable information related to the items addressed
162 in Subsections (1)(g) and (h);
163 (j) coordinate [with the State Board of Education to assist in providing the public
164 schools of Utah with] the provision of the following services to public schools:
165 (i) broadcast, during school hours, of educational and administrative programs
166 recommended by the State Board of Education;
167 (ii) [duplication and encoding of program masters] digitization of programs for
168 broadcast purposes; and
169 (iii) program previewing;

170 (k) share responsibility [with the State Board of Education] for Instructional Television
171 (ITV) awareness and utilization; and
172 (l) provide teleconference and training services for state and local governmental
173 agencies.
174 [(2) UEN shall:]
175 [(a) consult with the UEN steering committee authorized in Section 53B-17-102 and
176 other technology coordinating committees established by the State Board of Education and
177 State Board of Regents in acquiring, producing, and distributing instructional content;]
178 [(b) coordinate the statewide development and implementation of the data network for
179 education, which shall include video and audio, data connections, and connection to the
180 Internet, utilizing satellite, microwave, fiber-optic, and other transmission media;]
181 [(c) utilize statewide economic development criteria in the design and implementation
182 of the educational telecommunications infrastructure;]
183 [(d) assure that public service entities such as educators, public service providers, and
184 public broadcasters are provided access to the telecommunications infrastructures that are
185 developed in the state.]
186 [(3) If the network operated by the Department of Technology Services is not available,
187 UEN may provide network connections to the central administration of counties and
188 municipalities for the sole purpose of transferring data to a secure facility for backup and
189 disaster recovery.]
190 [(4)] (2) This section neither regulates nor restricts a privately owned company in the
191 distribution or dissemination of education programs.
192 Section 3. Effective date.
193 If approved by two-thirds of all the members elected to each house, this bill takes effect
194 upon approval by the governor, or the day following the constitutional time limit of Utah
195 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
196 the date of veto override.