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H.B. 32
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2
3
4
5 Martin R. Stephens
6 Kevin S. Garn
7 David Ure
8 Greg J. Curtis
9 Susan J. Koehn
Thomas V. Hatch
Dennis H. Iverson
Melvin R. Brown
Nora B. Stephens
Bradley T. Johnson
John E. Swallow
Margaret Dayton
Jeff Alexander
10 AN ACT RELATING TO HIGHER EDUCATION; CHANGING THE NAME OF DIXIE
11 COLLEGE TO DIXIE STATE COLLEGE; PROVIDING FOR THE ESTABLISHMENT OF
12 AT LEAST SIX BACCALAUREATE PROGRAMS AT THE COLLEGE BY THE
13 BEGINNING OF THE 2002 FALL SEMESTER; PROVIDING FOR THE TRANSFER OF
14 UNIVERSITY CENTER MONIES FROM SOUTHERN UTAH UNIVERSITY TO THE
15 COLLEGE; PROVIDING FOR A CONTRIBUTION FROM THE DIXIE COLLEGE
16 FOUNDATION; AND PROVIDING AN EFFECTIVE DATE.
17 This act affects sections of Utah Code Annotated 1953 as follows:
18 AMENDS:
19 53B-1-102, as last amended by Chapter 63, Laws of Utah 1994
20 53B-2-101, as last amended by Chapter 63, Laws of Utah 1994
21 53B-3-102, as last amended by Chapter 63, Laws of Utah 1994
22 53B-8-101, as last amended by Chapters 63 and 276, Laws of Utah 1994
23 76-8-701, as last amended by Chapter 63, Laws of Utah 1994
24 This act enacts uncodified material.
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53B-1-102 is amended to read:
27 53B-1-102. State system of higher education.
28 (1) The state system of higher education consists of the following institutions:
29 (a) State Board of Regents;
30 (b) University of Utah;
31 (c) Utah State University of Agricultural and Applied Science, hereafter referred to in this
32 title as Utah State University;
33 (d) Weber State University;
34 (e) Southern Utah University;
35 (f) Snow College;
36 (g) Dixie State College;
37 (h) College of Eastern Utah;
38 (i) Utah Valley State College;
39 (j) Salt Lake Community College; and
40 (k) other public post-high school educational institutions as the Legislature may designate.
41 (2) A change in the name of an institution within the system of higher education shall not
42 be considered a change in the role or mission of the institution, unless otherwise authorized by the
43 State Board of Regents.
44 (3) It is not the intent of the Legislature to increase the number of research universities in
45 the state beyond the University of Utah and Utah State University.
46 (4) These institutions are empowered to sue and be sued and to contract and be contracted
47 with.
48 Section 2. Section 53B-2-101 is amended to read:
49 53B-2-101. Institutions of higher education -- Corporate bodies -- Powers.
50 (1) The following institutions of higher education are bodies politic and corporate with
51 perpetual succession and with all rights, immunities, and franchises necessary to function as such:
52 (a) the University of Utah;
53 (b) Utah State University;
54 (c) Weber State University;
55 (d) Southern Utah University;
56 (e) Snow College;
57 (f) Dixie State College;
58 (g) the College of Eastern Utah;
59 (h) Utah Valley State College; and
60 (i) Salt Lake Community College.
61 (2) (a) Each institution may have and use a corporate seal and may, subject to Section
62 53B-20-103 , take, hold, lease, sell, and convey real and personal property as the interest of the
63 institution requires.
64 (b) Each institution is vested with all the property, franchises, and endowments of, and is
65 subject to, all the contracts, obligations, and liabilities of its respective predecessor.
66 Section 3. Section 53B-3-102 is amended to read:
67 53B-3-102. "State institution of higher education" defined.
68 (1) As used in this chapter, "state institution of higher education" means the University of
69 Utah, Utah State University, Southern Utah University, Weber State University, Snow College,
70 Dixie State College, College of Eastern Utah, Utah Valley State College, Salt Lake Community
71 College, and any other university or college which may be established and maintained by the state
72 of Utah.
73 (2) It includes any branch or affiliated institution and any campus or facilities owned,
74 operated, or controlled by the governing board of the university or college.
75 Section 4. Section 53B-8-101 is amended to read:
76 53B-8-101. Waiver of tuition.
77 (1) The president of each institution may waive all or part of the tuition in behalf of
78 meritorious or impecunious resident students to an amount not exceeding 10% of the total amount
79 of tuition which, in the absence of the waivers, would have been collected from all Utah resident
80 students at the institution.
81 (2) (a) Each academic year the president of each of the following institutions may waive
82 all or part of the resident portion of the tuition in behalf of the additional number of meritorious
83 nonresident students set forth below who are not current recipients of the waiver:
84 Number of Nonresident
85 Institution Students
86 University of Utah 190
87 Utah State University 165
88 Weber State University 135
89 Southern Utah University 68
90 Snow College 18
91 Dixie State College 18
92 College of Eastern Utah 18
93 Utah Valley State College 22
94 Salt Lake Community College 22
95 The president may continue to waive the resident portion of the tuition during the entire
96 time the affected meritorious nonresident student remains an undergraduate student in good
97 standing at the institution. The resident portion of the tuition for each nonresident student is equal
98 to the tuition for resident students at the institution.
99 (b) The president may waive the nonresident portion of tuition for a meritorious
100 nonresident student receiving a waiver under Subsection (2)(a) after completion of the student's
101 first year of full-time study at the institution.
102 (c) (i) In addition to the waivers authorized by Subsections (2)(a) and (b), the president
103 may waive all or part of the nonresident portion of tuition for a meritorious nonresident student
104 during the student's first year of full-time study at the institution.
105 (ii) The number of these nonresident waivers for each institution is limited to the
106 percentage of nonresident students at each institution times the nonresident student number
107 allowed under Subsection (2)(a).
108 (3) Upon recommendation of the board, the president may grant additional full or partial
109 tuition waivers to encourage students to enroll for instruction in occupations critical to the state
110 for which trained personnel are in short supply.
111 (4) The president may waive all or part of the difference between resident and nonresident
112 tuition in the case of meritorious graduate students and nonresident summer school students.
113 (5) The board shall submit annual budget appropriation requests for each institution which
114 include requests for funds sufficient in amount to equal the estimated loss of dedicated credits that
115 would be realized if all of the tuition waivers authorized by Subsection (2) were granted.
116 Section 5. Section 76-8-701 is amended to read:
117 76-8-701. Definitions.
118 For the purposes of this part:
119 (1) "Chief administrative officer" means the president of a private or state institution of
120 higher education or the officer designated by the president or by the governing board of the
121 institution to administer the affairs of a campus or other facility owned by the institution or
122 operated or controlled by the governing board of the institution.
123 (2) "School" or "institution of higher education" means any private institution of higher
124 education or any state institution of higher education as defined in Section 53B-1-102 .
125 (3) "State institution of higher education" includes the University of Utah, Utah State
126 University, Southern Utah University, Weber State University, Snow College, Dixie State College,
127 the College of Eastern Utah, Utah Valley State College, Salt Lake Community College, and any
128 other university or college which may be established and maintained by the state of Utah, and
129 includes any branch or affiliated institution and any campus or facility owned, operated, or
130 controlled by the governing board of the university or college.
131 Section 6. Establishment of baccalaureate programs at the college -- Transfer of
132 appropriation -- Foundation contribution.
133 (1) The State Board of Regents, in consultation with Dixie State College's president and
134 board of trustees, shall establish at least six baccalaureate programs at the college.
135 (2) (a) Three of the baccalaureate programs shall be available to students at the college
136 beginning with the 2000 fall semester, subject to receipt of the contribution anticipated under
137 Subsection (4).
138 (b) The additional three programs shall be available to students no later than the beginning
139 of the 2002 fall semester.
140 (3) (a) The budgetary appropriation traditionally made to Southern Utah University for the
141 University Center Program at Dixie College shall be transitioned to the college for the fiscal year
142 beginning July 1, 1999 for the continued funding of the University Center Program or to fund the
143 baccalaureate programs or for both purposes.
144 (b) Monies that have not been used for that program by Southern Utah University as of
145 July 1, 1999, shall be transferred to the college as of July 1, 1999, to help fund the baccalaureate
146 programs established under this section.
147 (4) The Dixie College Foundation shall contribute at least $500,000 during the fiscal year
148 beginning July 1, 1999, to help establish the baccalaureate programs referred to in Subsection (1).
149 Section 7. Effective date.
150 This act takes effect on July 1, 1999.
Legislative Review Note
as of 12-2-98 9:35 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.