First Substitute H.B. 92
This document includes House Floor Amendments incorporated into the bill on Tue, Feb 18, 2014 at 11:00 AM by jeyring. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 26, 2014 at 2:37 PM by lpoole. -->
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to the Utah Education Network and the Telehealth
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . creates the Utah Education and Telehealth Network (UETN) within the state system
16 of higher education;
17 . establishes the duties of UETN;
18 . creates a governing board for UETN;
19 . establishes membership of the UETN Board;
20 . creates the Utah Education Advisory Council to assist the UETN Board;
21 . creates the Utah Telehealth Advisory Council to assist the UETN Board;
22 . authorizes the board, at its discretion, to merge the advisory councils after July 1,
23 2015; and
24 . makes technical and conforming amendments.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 46-4-503 , as last amended by Laws of Utah 2013, Chapter 412
32 53A-3-429 , as enacted by Laws of Utah 2011, Chapter 397
33 53A-15-101.5 , as last amended by Laws of Utah 2008, Chapter 382
34 53A-15-104 , as last amended by Laws of Utah 2008, Chapters 235 and 382
35 53B-17-101 , as last amended by Laws of Utah 2006, Chapter 150
36 53B-17-104 , as last amended by Laws of Utah 2012, Chapter 16
37 53B-18-901 , as enacted by Laws of Utah 2001, Chapter 329
38 63G-6a-104 , as repealed and reenacted by Laws of Utah 2013, Chapter 445
39 63J-3-103 , as last amended by Laws of Utah 2013, Chapters 295, 310, and 400
40 63M-1-3204 , as enacted by Laws of Utah 2013, Chapter 336
41 72-7-109 , as last amended by Laws of Utah 2002, Chapter 176
43 53B-17-101.5 , Utah Code Annotated 1953
44 53B-17-105 , Utah Code Annotated 1953
45 53B-17-106 , Utah Code Annotated 1953
46 53B-17-107 , Utah Code Annotated 1953
48 53B-17-102 , as last amended by Laws of Utah 2012, Chapter 16
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 46-4-503 is amended to read:
52 46-4-503. Government products and services provided electronically.
53 (1) Notwithstanding Section 46-4-501 , a state governmental agency that administers
54 one or more of the following transactions shall allow those transactions to be conducted
56 (a) an application for or renewal of a professional or occupational license issued under
57 Title 58, Occupations and Professions;
58 (b) the renewal of a drivers license;
59 (c) an application for a hunting or fishing license;
60 (d) the filing of:
61 (i) a return under Title 59, Chapter 10, Individual Income Tax Act or Title 59, Chapter
62 12, Sales and Use Tax Act;
63 (ii) a court document, as defined by the Judicial Council; or
64 (iii) a document under Title 70A, Uniform Commercial Code;
65 (e) a registration for:
66 (i) a product; or
67 (ii) a brand;
68 (f) a renewal of a registration of a motor vehicle;
69 (g) a registration under:
70 (i) Title 16, Corporations;
71 (ii) Title 42, Names; or
72 (iii) [
74 (h) submission of an application for benefits:
75 (i) under Title 35A, Chapter 3, Employment Support Act;
76 (ii) under Title 35A, Chapter 4, Employment Security Act; or
77 (iii) related to accident and health insurance.
78 (2) The state system of public education, in coordination with the Utah Education and
79 Telehealth Network, shall make reasonable progress toward making the following services
80 available electronically:
81 (a) secure access by parents and students to student grades and progress reports;
82 (b) email communications with:
83 (i) teachers;
84 (ii) parent-teacher associations; and
85 (iii) school administrators;
86 (c) access to school calendars and schedules; and
87 (d) teaching resources that may include:
88 (i) teaching plans;
89 (ii) curriculum guides; and
90 (iii) media resources.
91 (3) A state governmental agency shall:
92 (a) in carrying out the requirements of this section, take reasonable steps to ensure the
93 security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2,
94 Government Records Access and Management Act;
95 (b) in addition to those transactions listed in Subsections (1) and (2), determine any
96 additional services that may be made available to the public through electronic means; and
97 (c) as part of the agency's information technology plan required by Section 63F-1-204 ,
98 report on the progress of compliance with Subsections (1) through (3).
99 (4) Notwithstanding the other provisions of this part, a state governmental agency is
100 not required by this part to conduct a transaction electronically if:
101 (a) conducting the transaction electronically is not required by federal law; and
102 (b) conducting the transaction electronically is:
103 (i) impractical;
104 (ii) unreasonable; or
105 (iii) not permitted by laws pertaining to privacy or security.
106 (5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
107 access to diverse services and agencies at one location including virtual colocation.
108 (b) State agencies that provide services or offer direct assistance to the business
109 community shall participate in the establishment, maintenance, and enhancement of an
110 integrated Utah business web portal known as Business.utah.gov. The purpose of the business
111 web portal is to provide "one-stop shop" assistance to businesses.
112 (c) State agencies shall partner with other governmental and nonprofit agencies whose
113 primary mission is to provide services or offer direct assistance to the business community in
114 Utah in fulfilling the requirements of this section.
115 (d) The following state entities shall comply with the provisions of this Subsection (5):
116 (i) Governor's Office of Economic Development, which shall serve as the managing
117 partner for the website;
118 (ii) Department of Workforce Services;
119 (iii) Department of Commerce;
120 (iv) Tax Commission;
121 (v) Department of Administrative Services - Division of Purchasing and General
122 Services, including other state agencies operating under a grant of authority from the division
123 to procure goods and services in excess of $5,000;
124 (vi) Department of Agriculture;
125 (vii) Department of Natural Resources; and
126 (viii) other state agencies that provide services or offer direct assistance to the business
128 (e) The business services available on the business web portal may include:
129 (i) business life cycle information;
130 (ii) business searches;
131 (iii) employment needs and opportunities;
132 (iv) motor vehicle registration;
133 (v) permit applications and renewal;
134 (vi) tax information;
135 (vii) government procurement bid notifications;
136 (viii) general business information;
137 (ix) business directories; and
138 (x) business news.
139 Section 2. Section 53A-3-429 is amended to read:
140 53A-3-429. Regional service centers.
141 (1) For purposes of this section, "eligible regional service center" means a regional
142 service center formed by two or more school districts as an interlocal entity, in accordance with
143 Title 11, Chapter 13, Interlocal Cooperation Act.
144 (2) The Legislature strongly encourages school districts to collaborate and cooperate to
145 provide educational services in a manner that will best utilize resources for the overall
146 operation of the public education system.
147 (3) An eligible regional service center formed by an interlocal agreement, in
148 accordance with Title 11, Chapter 13, Interlocal Cooperation Act, may receive a distribution
149 described in Subsection (5) if the Legislature appropriates money for eligible regional service
151 (4) (a) If local school boards enter into an interlocal agreement to confirm or formalize
152 a regional service center in operation before July 1, 2011, the interlocal agreement may not
153 eliminate any rights or obligations of the regional service center in effect before entering into
154 the interlocal agreement.
155 (b) An interlocal agreement entered into to confirm or formalize an existing regional
156 service center shall have the effect of confirming and ratifying in the regional service center,
157 the title to any property held in the name, or for the benefit of the regional service center as of
158 the effective date of the interlocal agreement.
159 (5) (a) The State Board of Education shall distribute any funding appropriated to
160 eligible regional service centers as provided by the Legislature.
161 (b) The State Board of Education may provide funding to an eligible regional service
162 center in addition to legislative appropriations.
163 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
164 State Board of Education shall make rules regarding eligible regional service centers including:
165 (a) the distribution of legislative appropriations to eligible regional service centers;
166 (b) the designation of eligible regional service centers as agents to distribute Utah
167 Education and Telehealth Network services; and
168 (c) the designation of eligible regional service centers as agents for regional
169 coordination of public education and higher education services.
170 (7) A public school that is a charter school may enter into a contract with an eligible
171 regional service center to receive education related services from the eligible regional service
173 Section 3. Section 53A-15-101.5 is amended to read:
174 53A-15-101.5. Concurrent enrollment instruction in Mandarin Chinese.
175 (1) (a) As used in this section, "category IV languages" means those languages
176 designated the most difficult to learn by the Defense Language Institute as provided in training
177 to members of the United States Military.
178 (b) The Legislature recognizes:
179 (i) the importance of students acquiring skills in foreign languages in order for them to
180 successfully compete in a global society; and
181 (ii) that the acquisition of category IV languages, such as Mandarin Chinese, Arabic,
182 Korean, and Japanese, by students in the state's public schools requires extended sequences of
183 study to acquire useful proficiency in listening, speaking, reading, and writing.
184 (2) (a) As a component of the concurrent enrollment program authorized under Section
185 53A-15-101 , the State Board of Education and the State Board of Regents, in consultation with
186 the Utah Education and Telehealth Network, may develop and implement a concurrent
187 enrollment course of study in the category IV language of Mandarin Chinese.
188 (b) The course shall be taught over [
189 conferencing system for video and audio, to high school juniors and seniors in the state's public
190 education system.
191 (3) (a) The concurrent enrollment course in Mandarin Chinese authorized in
192 Subsection (2) may use paraprofessionals in the classroom who:
193 (i) are fluent in Mandarin Chinese; and
194 (ii) can provide reinforcement and tutoring to students on days and at times when they
195 are not receiving instruction [
196 (b) The State Board of Education, through the State Superintendent of Public
197 Instruction, and professors who teach Chinese in the state system of higher education shall
198 jointly ensure that the paraprofessionals are fluent in Mandarin Chinese.
199 (4) The State Board of Education and the State Board of Regents shall make joint rules
200 on the concurrent enrollment course authorized under this section in accordance with Title
201 63G, Chapter 3, Utah Administrative Rulemaking Act, to include:
202 (a) notification to school districts on the times and places of the course offerings; and
203 (b) instructional materials for the course.
204 (5) Students who successfully complete the concurrent enrollment course offered under
205 this section shall receive tuition reimbursement for a sequential Mandarin Chinese course they
206 successfully complete at an institution within the state system of higher education under rules
207 made by the State Board of Regents in accordance with Title 63G, Chapter 3, Utah
208 Administrative Rulemaking Act.
209 (6) The State Board of Education and the State Board of Regents shall jointly track and
210 monitor the Mandarin Chinese language program and may expand the program to include other
211 category IV languages, subject to student demand for the courses and available resources.
212 Section 4. Section 53A-15-104 is amended to read:
213 53A-15-104. Critical Languages Program -- Pilot.
214 (1) (a) As used in this section, "critical languages" means those languages described in
215 the federal National Security Language Initiative, including Chinese, Arabic, Russian, Farsi,
216 Hindi, and Korean.
217 (b) The Legislature recognizes:
218 (i) the importance of students acquiring skills in foreign languages in order for them to
219 successfully compete in a global society; and
220 (ii) the academic, societal, and economic development benefits of the acquisition of
221 critical languages.
222 (2) (a) The State Board of Education, in consultation with the Utah Education and
223 Telehealth Network, shall develop and implement courses of study in the critical languages.
224 (b) A course may be taught:
225 (i) over [
226 and audio, to students in the state's public education system;
227 (ii) through the Electronic High School;
228 (iii) through traditional instruction; or
229 (iv) by visiting guest teachers.
230 (3) (a) The courses authorized in Subsection (2) may use paraprofessionals in the
231 classroom who:
232 (i) are fluent in the critical language being taught; and
233 (ii) can provide reinforcement and tutoring to students on days and at times when they
234 are not receiving instruction [
235 (b) The State Board of Education, through the state superintendent of public
236 instruction, shall ensure that the paraprofessionals are fluent in the critical languages.
237 (4) The State Board of Education shall make rules on the critical languages courses
238 authorized under this section in accordance with Title 63G, Chapter 3, Utah Administrative
239 Rulemaking Act, to include:
240 (a) notification to school districts on the times and places of the course offerings; and
241 (b) instructional materials for the courses.
242 (5) The State Board of Education shall track and monitor the Critical Languages
243 Program and may expand the program to include more course offerings and other critical
244 languages, subject to student demand for the courses and available resources.
245 (6) (a) Subject to funding for the program, the State Board of Education shall establish
246 a pilot program for school districts and schools to initially participate in the Critical Languages
247 Program that provides:
248 (i) up to $6,000 per language per school, for up to 60 schools, for courses offered in
249 critical languages;
250 (ii) up to $100 per student who completes a critical languages course; and
251 (iii) up to an additional $400 per foreign exchange student who completes a critical
252 languages course.
253 (b) If the available funding is insufficient to provide the amounts described under
254 Subsection (6)(a), the amounts provided shall be reduced pro rata so that the total provided
255 does not exceed the available funding.
256 Section 5. Section 53B-17-101 is amended to read:
257 53B-17-101. Legislative findings on public broadcasting and telecommunications
258 for education.
259 The Legislature finds and determines the following:
260 (1) The University of Utah's Dolores Dore' Eccles Broadcast Center is the statewide
261 public broadcasting and telecommunications facility for education in Utah.
262 (2) The center shall provide services to citizens of the state in cooperation with higher
263 and public education, state and local government, and private industry.
264 (3) Distribution services provided through the center shall include KUED - TV, KUER
265 - FM, and KUEN - TV.
266 (4) KUED - TV and KUER - FM are licensed to the University of Utah.
267 (5) The Utah Education and Telehealth Network's broadcast entity, KUEN - TV, is
268 licensed to the Utah State Board of Regents and, together with [
269 behalf of the state's systems of public and higher education.
270 (6) All the entities referred to in Subsection (3) are under the administrative
271 supervision of the University of Utah, subject to the authority and governance of the State
272 Board of Regents.
273 (7) This section neither regulates nor restricts a privately owned company in the
274 distribution or dissemination of educational programs.
275 Section 6. Section 53B-17-101.5 is enacted to read:
276 53B-17-101.5. Definitions.
277 As used in this part:
278 (1) "Board" means the Utah Education and Telehealth Network Board.
279 (2) "Education Advisory Council" means the Utah Education Network Advisory
280 Council created in Section 53B-17-107 .
281 (3) "Telehealth" means the electronic transfer, exchange, or management of related
282 data for diagnosis, treatment, and consultation, and educational, public health, or other related
284 (4) "Telehealth Advisory Council" means the Utah Telehealth Advisory Council
285 created in Section 53B-17-106 .
286 (5) "Utah Education and Telehealth Network," or "UETN," means a consortium and
287 partnership between public and higher education, the Utah Department of Health, and health
288 care providers, that is created in Section 53B-17-105 .
289 Section 7. Section 53B-17-104 is amended to read:
290 53B-17-104. Responsibilities of the State Board of Regents, the State Board of
291 Education, the University of Utah, KUED - TV, KUER - FM, and UETN related to public
292 broadcasting and telecommunication for education and government.
293 (1) Subject to applicable rules of the Federal Communications Commission and
294 Section [
296 (a) coordinate statewide services of public radio and television;
297 (b) develop, maintain, and operate statewide distribution systems for KUED - TV,
298 KUER - FM, and KUEN, the statewide distance learning service, the educational data network,
299 connections to the Internet, and other telecommunications services appropriate for providing
300 video, audio, and data telecommunication services in support of public and higher education,
301 state government, and public libraries;
302 (c) support the delivery of these services to as many communities as may be
303 economically and technically feasible and lawfully permissible under the various operating
305 (d) cooperate with state and local governmental and educational agencies and provide
306 leadership and consulting service for telecommunication for education;
307 (e) represent the state with privately owned telecommunications systems to gain access
308 to their networks for the delivery of programs and services sponsored or produced by public
309 and higher education;
310 (f) acquire, produce, coordinate, and distribute a variety of programs and services of an
311 educational, cultural, informative, and entertaining nature designed to promote the public
312 interest and welfare of the state;
313 (g) coordinate with the state system of higher education to acquire, produce, and
314 distribute broadcast and nonbroadcast college credit telecourses, teleconferences, and other
315 instructional and training services;
316 (h) coordinate with school districts and public schools to acquire, produce, and
317 distribute broadcast and nonbroadcast telecourses, teleconferences, and other instructional and
318 training services to the public schools;
319 (i) coordinate the development of a clearing house for the materials, courses,
320 publications, media, software, and other applicable information related to the items addressed
321 in Subsections (1)(g) and (h);
322 (j) coordinate the provision of the following services to public schools:
323 (i) broadcast, during school hours, of educational and administrative programs
324 recommended by the State Board of Education;
325 (ii) digitization of programs for broadcast purposes; and
326 (iii) program previewing;
327 (k) share responsibility for Instructional Television (ITV) awareness and utilization;
329 (l) provide teleconference and training services for state and local governmental
331 (2) This section neither regulates nor restricts a privately owned company in the
332 distribution or dissemination of education programs.
333 Section 8. Section 53B-17-105 is enacted to read:
334 53B-17-105. Utah Education and Telehealth Network.
335 (1) There is created the Utah Education and Telehealth Network , or UETN.
336 (2) UETN shall:
337 (a) coordinate and support the telecommunications needs of public and higher
338 education, public libraries, and entities affiliated with the state systems of public and higher
339 education as approved by the Utah Education and Telehealth Network Board, including the
340 statewide development and implementation of a network for education, which utilizes satellite,
341 microwave, fiber-optic, broadcast, and other transmission media;
342 (b) coordinate the various telecommunications technology initiatives of public and
343 higher education;
344 (c) provide high-quality, cost-effective Internet access and appropriate interface
345 equipment for schools and school systems;
346 (d) procure, install, and maintain telecommunication services and equipment on behalf
347 of public and higher education;
348 (e) develop or implement other programs or services for the delivery of distance
349 learning and telehealth services as directed by law;
350 (f) apply for state and federal funding on behalf of:
351 (i) public and higher education; and
352 (ii) telehealth services;
353 (g) in consultation with health care providers from a variety of health care systems,
354 explore and encourage the development of telehealth services as a means of reducing health
355 care costs and increasing health care quality and access, with emphasis on assisting rural health
356 care providers and special populations; and
357 (h) in consultation with the Utah Department of Health, advise the governor and the
358 Legislature on:
359 (i) the role of telehealth in the state;
360 (ii) the policy issues related to telehealth;
361 (iii) the changing telehealth needs and resources in the state; and
362 (iv) state budgetary matters related to telehealth.
363 (3) In performing the duties under Subsection (2), UETN shall:
364 (a) provide services to schools, school districts, and the public and higher education
365 systems through an open and competitive bidding process;
366 (b) work with the private sector to deliver high-quality, cost-effective services;
367 (c) avoid duplicating facilities, equipment, or services of private providers or public
368 telecommunications service, as defined under Section 54-8b-2 ;
369 (d) utilize statewide economic development criteria in the design and implementation
370 of the educational telecommunications infrastructure; and
371 (e) assure that public service entities, such as educators, public service providers, and
372 public broadcasters, are provided access to the telecommunications infrastructure developed in
373 the state.
374 (4) The University of Utah shall provide administrative support for UETN.
375 (5) (a) The Utah Education and Telehealth Network Board, which is the governing
376 board for UETN, is created.
377 (b) The Utah Education and Telehealth Network Board shall have S. [
379 (i) four members representing the state system of higher education appointed by the
380 commissioner of higher education;
381 (ii) four members representing the state system of public education S. including:
381a (A) three members .S appointed by the
382 State Board of Education; S. and
382a (B) one member representing the Utah State Office of Education appointed by the state
382b superintendent; .S
383 (iii) one member representing applied technology centers appointed by the president of
384 the Utah College of Applied Technology;
385 (iv) one member representing the state library appointed by the state librarian;
386 S. [
389 (A) the members may not be employed by the same hospital system;
390 (B) one member shall represent a rural hospital;
391 (C) one member shall represent an urban hospital; and
392 (D) the chief administrator or the administrator's designee for each hospital licensed in
393 this state shall H. [
394 S. [
395 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
396 appointed for the unexpired term.
397 (d) (i) The board shall elect a chair.
398 (ii) The chair shall set the agenda for the board meetings.
399 (6) A member of the board may not receive compensation or benefits for the member's
400 service, but may receive per diem and travel expenses in accordance with:
401 (a) Section 63A-3-106 ;
402 (b) Section 63A-3-107 ; and
403 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
404 63A-3-107 .
405 (7) The board:
406 (a) shall hire an executive director for UETN who may hire staff for UETN as
407 permitted by the budget;
408 (b) may terminate the executive director's employment or assignment;
409 (c) shall determine the executive director's salary;
410 (d) shall annually conduct a performance evaluation of the executive director;
411 (e) shall establish policies the board determines are necessary for the operation of
412 UETN and the administration of UETN's duties; and
413 (f) shall advise UETN in:
414 (i) the development and operation of a coordinated, statewide, multi-option
415 telecommunications system to assist in the delivery of educational services and telehealth
416 services throughout the state; and
417 (ii) acquiring, producing, and distributing instructional content.
418 (8) The executive director of UETN shall be an at-will employee.
419 (9) UETN shall locate and maintain educational and telehealth telecommunication
420 infrastructure throughout the state.
421 (10) Educational institutions shall manage site operations under policy established by
423 (11) Subject to future budget constraints, the Legislature shall provide an annual
424 appropriation to operate UETN.
425 (12) If the network operated by the Department of Technology Services is not
426 available, UETN may provide network connections to the central administration of counties
427 and municipalities for the sole purpose of transferring data to a secure facility for backup and
428 disaster recovery.
429 Section 9. Section 53B-17-106 is enacted to read:
430 53B-17-106. Utah Telehealth Advisory Council.
431 (1) There is created the Utah Telehealth Advisory Council, which may, at the
432 discretion of the board, and after July 1, 2015, be combined with the Utah Education Advisory
433 Council created in Section 53B-17-107 .
434 (2) The Utah Telehealth Advisory Council members shall be appointed by the board.
435 (3) (a) The Telehealth Advisory Council shall annually elect a chairperson from its
436 membership. The chair shall set the agendas for the meetings of the advisory council and shall
437 report to the board.
438 (b) The Telehealth Advisory Council shall hold meetings at least once every three
439 months. Meetings may be held from time to time on the call of the chair or a majority of the
440 board members.
441 (4) A member may not receive compensation or benefits for the member's service, but,
442 at the executive director's discretion, may receive per diem and travel expenses in accordance
444 (a) Section 63A-3-106 ;
445 (b) Section 63A-3-107 ; and
446 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
447 63A-3-107 .
448 (5) The board shall provide staff support to the council.
449 (6) The council shall:
450 (a) advise and make recommendations on telehealth service issues to the board and
451 other state entities;
452 (b) advise and make recommendations on telehealth-related patient privacy to the
454 (c) promote collaborative efforts to establish technical compatibility, uniform policies,
455 and privacy features to meet legal, financial, commercial, and other societal requirements;
456 (d) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
457 medical, and technological issues that may serve as barriers to telehealth service;
458 (e) explore and encourage the development of telehealth as a means of reducing health
459 care costs and increasing health care quality and access, with emphasis on assisting rural health
460 care providers and special populations with access to or development of electronic medical
461 records; and
462 (f) seek public input on telehealth issues.
463 Section 10. Section 53B-17-107 is enacted to read:
464 53B-17-107. Utah Education Advisory Council.
465 (1) (a) There is created Utah Education Advisory Council which may, at the discretion
466 of the board, and after July 1, 2015, be combined with the Utah Telehealth Advisory Council
467 created in Section 53B-17-106 .
468 (b) The Utah Education Advisory Council members shall be appointed by the board.
469 (c) The Utah Education Advisory Council shall annually elect a chairperson from its
470 membership. The chair shall set the agenda for Utah Education Advisory Council meetings
471 and report to the board.
472 (d) The Utah Education Advisory Council shall hold meetings at least once every three
473 months. Meetings may be held from time to time on the call of the chair or a majority of the
474 board members.
475 (2) A member of the Utah Education Advisory Council may not receive compensation
476 or benefits for the member's service, but at the executive director's discretion may receive per
477 diem and travel expenses in accordance with:
478 (a) Section 63A-3-106 ;
479 (b) Section 63A-3-107 ; and
480 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
481 63A-3-107 .
482 (3) The Utah Education Advisory Council shall:
483 (a) advise the board and other public entities regarding:
484 (i) the coordination of the various telecommunications technology initiatives of public
485 and higher education;
486 (ii) how to provide high-quality, cost-effective Internet access and appropriate interface
487 equipment for schools and school systems;
488 (iii) recommendations for the procurement, installation, and maintenance of
489 telecommunication services and equipment on behalf of public and higher education; and
490 (iv) the development or implementation of other programs or services for the delivery
491 of distance learning and digital health services as directed by law; and
492 (b) seek public input on the development and operation of a coordinated, statewide,
493 multi-option telecommunications system to assist in the delivery of educational services and
494 digital health services throughout the state.
495 (4) The board shall provide staff to the council.
496 Section 11. Section 53B-18-901 is amended to read:
497 53B-18-901. Distance Education Doctorate Program.
498 (1) The Legislature finds that:
499 (a) many Utah public education administrators are nearing the end of their careers and
500 will retire early in the 21st Century;
501 (b) Utah public schools have many mid-career faculty that could become the next wave
502 of administrators if they were prepared with a doctorate in education degree that emphasized
503 curriculum and instruction;
504 (c) each of Utah's community colleges have several faculty that need a terminal degree
505 and further knowledge in curriculum development and state-of-the-art instructional
506 methodology, and these individuals, being mid-career, find it difficult to relocate to a college
507 campus for a traditional program; and
508 (d) the state and its students will be better served if faculty and administrators are more
509 knowledgeable about the development of curriculum and the latest instructional methodology
510 based on documented research.
511 (2) Therefore, Utah State University shall establish a Distance Education Doctorate
512 Program to accommodate public education administrators and community college faculty and
514 (3) The program shall include the following components:
515 (a) the offering of courses for a doctorate degree in education over the [
516 system established under Title 53B, Chapter 17, Part 1, Educational Telecommunications;
517 (b) structuring of the program to make it identical to a regular campus program in rigor
518 and course work; and
519 (c) providing a support system from at least the following five departments at the
521 (i) Elementary Education;
522 (ii) Secondary Education;
523 (iii) Business Information Systems and Education;
524 (iv) Industrial Technology; and
525 (v) Agricultural Systems Technology and Education.
526 (4) The university shall augment the program with off-campus summer courses, with
527 those courses eventually being offered over the [
528 53B, Chapter 17, Part 1, Educational Telecommunications.
529 (5) The Legislature shall provide an annual appropriation to fund the program
530 established under this part.
531 Section 12. Section 63G-6a-104 is amended to read:
532 63G-6a-104. Definitions of government entities.
533 As used in this chapter:
534 (1) "Applicable rulemaking authority" means:
535 (a) as it relates to a legislative procurement unit, the Legislative Management
536 Committee, which shall adopt a policy establishing requirements applicable to a legislative
537 procurement unit;
538 (b) as it relates to a judicial procurement unit, the Judicial Council;
539 (c) as it relates to an executive branch procurement unit, except to the extent provided
540 in Subsections (1)(d) through (g), the board;
541 (d) as it relates to the State Building Board, created in Section 63A-5-101 , the State
542 Building Board, but only to the extent that the rules relate to procurement authority expressly
543 granted to the State Building Board by statute;
544 (e) as it relates to the Division of Facilities Construction and Management, created in
545 Section 63A-5-201 , the director of the Division of Facilities Construction and Management,
546 but only to the extent that the rules relate to procurement authority expressly granted to the
547 Division of Facilities Construction and Management by statute;
548 (f) as it relates to the Office of the Attorney General, the attorney general, but only to
549 the extent that the rules relate to procurement authority expressly granted to the attorney
550 general by statute;
551 (g) as it relates to the Department of Transportation, created in Section 72-1-201 , the
552 executive director of the Department of Transportation, but only to the extent that the rules
553 relate to procurement authority expressly granted to the Department of Transportation by
555 (h) as it relates to a local government procurement unit, the legislative body of the local
556 government procurement unit, not as a delegation of authority from the Legislature, but under
557 the local government procurement unit's own legislative authority;
558 (i) as it relates to a school district or a public school, the Utah State Procurement Policy
559 Board, except to the extent that a school district makes its own nonadministrative rules, with
560 respect to a particular subject, that do not conflict with the provisions of this chapter;
561 (j) as it relates to a state institution of higher education, the State Board of Regents;
562 (k) as it relates to a public transit district, the chief executive of the public transit
564 (l) as it relates to a local district or a special service district:
565 (i) before May 13, 2014, the board of trustees of the local district or the governing body
566 of the special service district; or
567 (ii) on or after May 13, 2014, the board, except to the extent that the board of trustees
568 of the local district or the governing body of the special service district makes its own rules:
569 (A) with respect to a subject addressed by board rules; or
570 (B) that are in addition to board rules; or
571 (m) as it relates to a procurement unit, other than a procurement unit described in
572 Subsections (1)(a) through (l), the board.
573 (2) "Board" means the Utah State Procurement Policy Board, created in Section
574 63G-6a-202 .
575 (3) "Building board" means the State Building Board created in Section 63A-5-101 .
576 (4) "Conservation district" is as defined in Section 17D-3-102 .
577 (5) "Division" means the Division of Purchasing and General Services.
578 (6) "Educational procurement unit" means:
579 (a) a school district;
580 (b) a public school, including a local school board or a charter school;
581 (c) Utah Schools for the Deaf and Blind;
582 (d) the Utah Education and Telehealth Network; or
583 (e) an institution of higher education of the state.
584 (7) "Executive branch procurement unit" means each department, division, office,
585 bureau, agency, or other organization within the state executive branch, including the division
586 and the attorney general's office.
587 (8) "External procurement unit" means:
588 (a) a buying organization not located in this state which, if located in this state, would
589 qualify as a procurement unit; or
590 (b) an agency of the United States.
591 (9) "Judicial procurement unit" means:
592 (a) the Utah Supreme Court;
593 (b) the Utah Court of Appeals;
594 (c) the Judicial Council;
595 (d) a state judicial district; or
596 (e) each office, committee, subcommittee, or other organization within the state
597 judicial branch.
598 (10) "Legislative procurement unit" means:
599 (a) the Legislature;
600 (b) the Senate;
601 (c) the House of Representatives;
602 (d) a staff office of an entity described in Subsection (10)(a), (b), or (c); or
603 (e) each office, committee, subcommittee, or other organization within the state
604 legislative branch.
605 (11) "Local building authority" is as defined in Section 17D-2-102 .
606 (12) "Local district" is as defined in Section 17B-1-102 .
607 (13) "Local government procurement unit" means:
608 (a) a county or municipality, and each office or agency of the county or municipality,
609 unless the county or municipality adopts its own procurement code by ordinance;
610 (b) a county or municipality, and each office or agency of the county or municipality,
611 that has adopted this entire chapter by ordinance; or
612 (c) a county or municipality, and each office or agency of the county or municipality,
613 that has adopted a portion of this chapter by ordinance, to the extent that the term is used in the
614 adopted portion of this chapter.
615 (14) (a) "Procurement unit" means:
616 (i) a legislative procurement unit;
617 (ii) an executive branch procurement unit;
618 (iii) a judicial procurement unit;
619 (iv) an educational procurement unit;
620 (v) a local government procurement unit;
621 (vi) a local district;
622 (vii) a special service district;
623 (viii) a local building authority;
624 (ix) a conservation district;
625 (x) a public corporation; or
626 (xi) a public transit district.
627 (b) "Procurement unit" does not include a political subdivision created under Title 11,
628 Chapter 13, Interlocal Cooperation Act.
629 (15) "Public corporation" is as defined in Section 63E-1-102 .
630 (16) "Public entity" means any state government entity or a political subdivision of the
631 state, including:
632 (a) a procurement unit;
633 (b) a municipality or county, regardless of whether the municipality or county has
634 adopted this chapter or any part of this chapter; and
635 (c) any other government entity located in Utah that expends public funds.
636 (17) "Public transit district" means a public transit district organized under Title 17B,
637 Chapter 2a, Part 8, Public Transit District Act.
638 (18) "Special service district" is as defined in Section 17D-1-102 .
639 Section 13. Section 63J-3-103 is amended to read:
640 63J-3-103. Definitions.
641 As used in this chapter:
642 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
643 from unrestricted General Fund and Education Fund sources.
644 (b) "Appropriations" includes appropriations that are contingent upon available
645 surpluses in the General Fund and Education Fund.
646 (c) "Appropriations" does not mean:
647 (i) public education expenditures;
648 (ii) Utah Education and Telehealth Network expenditures in support of public
650 (iii) Utah College of Applied Technology expenditures in support of public education;
651 (iv) Tax Commission expenditures related to collection of income taxes in support of
652 public education;
653 (v) debt service expenditures;
654 (vi) emergency expenditures;
655 (vii) expenditures from all other fund or subfund sources;
656 (viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
657 (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
658 Account established in Section 63J-1-312 ;
659 (x) transfers into, or appropriations made to, the Education Budget Reserve Account
660 established in Section 63J-1-313 ;
661 (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
662 State Disaster Recovery Restricted Account created in Section 53-2a-603 ;
663 (xii) money appropriated to fund the total one-time project costs for the construction of
664 capital developments as defined in Section 63A-5-104 ;
665 (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
666 created by Section 72-2-118 ;
667 (xiv) transfers or deposits into or appropriations made to the Transportation Investment
668 Fund of 2005 created by Section 72-2-124 ;
669 (xv) transfers or deposits into or appropriations made to:
670 (A) the Department of Transportation from any source; or
671 (B) any transportation-related account or fund from any source; or
672 (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
673 Fire, and State Lands to provide money for wildland fire control expenses incurred during the
674 current or previous fire years.
675 (2) "Base year real per capita appropriations" means the result obtained for the state by
676 dividing the fiscal year 1985 actual appropriations of the state less debt money by:
677 (a) the state's July 1, 1983 population; and
678 (b) the fiscal year 1983 inflation index divided by 100.
679 (3) "Calendar year" means the time period beginning on January 1 of any given year
680 and ending on December 31 of the same year.
681 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
682 expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
683 Chapter 4.
684 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
685 ending on June 30 of the subsequent year.
686 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
687 capital and operations appropriations from General Fund and non-Uniform School Fund
688 income tax revenue sources, less debt money.
689 (7) "Inflation index" means the change in the general price level of goods and services
690 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
691 Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202 .
692 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
693 be, or could have been, spent in any given year under the limitations of this chapter.
694 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
695 spent or actual expenditures.
696 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
697 fiscal years previous to the fiscal year for which the maximum allowable inflation and
698 population appropriations limit is being computed under this chapter.
699 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
700 years previous to the fiscal year for which the maximum allowable inflation and population
701 appropriations limit is being computed under this chapter.
702 (11) "Population" means the number of residents of the state as of July 1 of each year
703 as calculated by the Governor's Office of Management and Budget according to the procedures
704 and requirements of Section 63J-3-202 .
705 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
706 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
707 of the General Fund and from non-Uniform School Fund income tax revenues, except as
708 specifically exempted by this chapter.
709 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
710 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
711 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
712 Section 14. Section 63M-1-3204 is amended to read:
713 63M-1-3204. STEM Action Center.
714 (1) As funding allows, the board shall:
715 (a) establish a STEM Action Center;
716 (b) ensure that the STEM Action Center:
717 (i) is accessible by the public; and
718 (ii) includes the components described in Subsection (2);
719 (c) work cooperatively with the State Board of Education to acquire technology and
720 select schools as described in Sections 63M-1-3205 and 63M-1-3206 ; and
721 (d) engage private entities to provide financial support or employee time for STEM
722 activities in schools in addition to what is currently provided by private entities.
723 (2) As funding allows, the executive director of the STEM Action Center shall:
724 (a) support professional development for educators regarding education related
725 instructional technology that supports STEM education;
726 (b) ensure that the STEM Action Center acts as a research and development center for
727 education related instructional technology acquired through a request for proposals process
728 described in Section 63M-1-3205 ;
729 (c) review and acquire STEM education related technology for:
730 (i) educator professional development;
731 (ii) assessment, data collection, analysis, and reporting; and
732 (iii) public school instruction;
733 (d) facilitate participation in interscholastic STEM related competitions, fairs, and
735 (e) engage private industry in the development and maintenance of the STEM Action
737 (f) use resources to bring the latest STEM education learning tools into public
738 education classrooms;
739 (g) identify at least 10 best practice innovations used in Utah schools that have resulted
740 in at least 80% of students performing at grade level in STEM areas;
741 (h) identify best practices being used outside the state and implement selected practices
742 through a pilot program;
743 (i) identify:
744 (i) three learning tools for kindergarten through grade 6 identified as best practices; and
745 (ii) three learning tools per STEM subject for grades 7 through 12 identified as best
747 (j) provide a Utah best practices database, including best practices from public
748 education, higher education, the Utah Education and Telehealth Network, and other STEM
749 related entities;
750 (k) keep track of the following items related to the best practices database described in
751 Subsection (2)(j):
752 (i) how the best practices database is being used; and
753 (ii) how many individuals are using the database, including the demographics of the
754 users, if available;
755 (l) join and participate in a national STEM network;
756 (m) identify performance changes linked to use of the best practices database described
757 in Subsection (2)(j);
758 (n) work cooperatively with the State Board of Education to designate schools as
759 STEM schools, where the schools have agreed to adopt a plan of STEM implementation in
760 alignment with criteria set by the State Board of Education and the board;
761 (o) support best methods of professional development, including methods of
762 professional development that reduce cost and increase effectiveness, to help educators learn
763 how to most effectively implement best practice learning tools in classrooms;
764 (p) recognize a high school's achievement in the STEM competitions, fairs, and camps
765 described in Subsection (2)(d);
766 (q) send student results from STEM competitions, fairs, and camps described in
767 Subsection (2)(d) to media and ask the media to report on them;
768 (r) develop and distribute STEM toolkits to parents of students being served by the
769 STEM Action Center;
770 (s) support targeted professional development for improved instruction in STEM in
771 grades 6, 7, and 8, including:
772 (i) improved instructional materials that are dynamic and engaging for students;
773 (ii) targeted instruction for students who traditionally avoid enrolling in STEM
775 (iii) introduction of engaging engineering courses; and
776 (iv) introduction of other research-based methods that support student achievement in
777 STEM areas; and
778 (t) ensure that an online college readiness assessment tool be accessible by:
779 (i) public education students; and
780 (ii) higher education students.
781 (3) The board may prescribe other duties for the STEM Action Center in addition to
782 the responsibilities described in this section.
783 (4) (a) The executive director shall track and compare the student performance of
784 students participating in a STEM Action Center program to all other similarly situated students
785 in the state, in the following STEM related activities, at the beginning and end of each year:
786 (i) public education high school graduation rates;
787 (ii) the number of students taking a remedial mathematics course at an institution of
788 higher education described in Section 53B-2-101 ;
789 (iii) the number of students who graduate from a Utah public school and begin a
790 postsecondary education program; and
791 (iv) the number of students, as compared to all similarly situated students, who are
792 performing at grade level in STEM classes.
793 (b) The State Board of Education and the State Board of Regents shall provide
794 information to the board to assist the board in complying with the requirements of Subsection
795 (4)(a) if allowed under federal law.
796 Section 15. Section 72-7-109 is amended to read:
797 72-7-109. Telecommunications Advisory Council -- Membership -- Duties.
798 (1) As used in this section:
799 (a) "Council" means the Telecommunications Advisory Council created in this section.
800 (b) "Statewide telecommunications purposes" has the same meaning provided in
801 Section 72-7-108 .
802 (2) (a) There is created within the department the Telecommunication Advisory
803 Council consisting of six members who represent:
804 (i) the governor's chief advisor on telecommunications;
805 (ii) the Public Service Commission;
806 (iii) the department;
807 (iv) the Utah Education and Telehealth Network;
808 (v) the Division of Purchasing and General Services within the Department of
809 Administrative Services; and
810 (vi) the Division of Public Utilities within the Department of Commerce.
811 (b) The members shall be appointed by the governor with the consent of the Senate.
812 (3) (a) The members shall annually elect a chair from its members.
813 (b) The council shall meet as it determines necessary to accomplish its duties.
814 (c) A majority of the council constitutes a quorum for the transaction of business.
815 (d) Members shall receive no compensation or benefits for their services.
816 (4) (a) The department shall provide staff support for the council.
817 (b) The council may request assistance from other technical advisors as it determines
818 necessary to accomplish its duties.
819 (5) The council shall:
820 (a) provide information, suggestions, strategic plans, priorities, and recommendations
821 to assist the department in administering telecommunications access to interstate highway
822 rights-of-way for statewide telecommunications purposes;
823 (b) assist the department in valuing in-kind compensation in accordance with
824 Subsection 72-7-108 (3)(c);
825 (c) seek input from telecommunications providers and the public;
826 (d) coordinate and exchange information with other technology and
827 telecommunications entities of the state and its political subdivisions; and
828 (e) provide other assistance as requested by the department.
829 Section 16. Repealer.
830 This bill repeals:
831 Section 53B-17-102 , Utah Education Network.
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