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S.B. 61

             1     

ENHANCEMENTS TO THE STATE SYSTEMS

             2     
OF PUBLIC AND HIGHER EDUCATION

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Lyle W. Hillyard

             6      This act modifies provisions related to the state systems of public and higher education by
             7      establishing an engineering and computer science initiative within the state system of higher
             8      education and a job enhancement program for secondary teachers in mathematics, physics,
             9      chemistry, physical science, and information technology within the public education system.
             10      The act identifies components of the higher education initiative to include increasing
             11      program capacity, providing supplemental monies for equipment purchases, and providing
             12      incentives. The act provides for a $10,550,000 appropriation to fund the engineering and
             13      computer science initiative and a $19,000,000 appropriation to fund the Public Education
             14      Job Enhancement Program. The act has a split effective date of May 1, 2001, and July 1,
             15      2001.
             16      This act affects sections of Utah Code Annotated 1953 as follows:
             17      ENACTS:
             18          53A-1a-601, Utah Code Annotated 1953
             19          53A-1a-602, Utah Code Annotated 1953
             20          53B-6-105, Utah Code Annotated 1953
             21          53B-6-105.5, Utah Code Annotated 1953
             22          53B-6-105.7, Utah Code Annotated 1953
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 53A-1a-601 is enacted to read:
             25     
Part 6. Public Education Job Enhancement Program

             26          53A-1a-601. Job enhancements for secondary teachers.
             27          (1) In conjunction with the Engineering and Computer Science Initiative provided for in


             28      Section 53B-6-105 , there is established a Public Education Job Enhancement Program to attract
             29      and retain highly qualified secondary teachers in mathematics, physics, chemistry, physical
             30      science, and information technology.
             31          (2) The program shall provide for the following:
             32          (a) application by a school district superintendent or the principal of a secondary school
             33      on behalf of a qualified teacher;
             34          (b) an award of up to $20,000 to be given to selected secondary school teachers on a
             35      competitive basis:
             36          (i) whose applications are approved under Subsection 53A-1a-602 (4); and
             37          (ii) who teach in the state's public education system for four years in the areas identified
             38      in Subsection (1);
             39          (c) payment of the award in two installments, with an initial payment of up to $10,000 at
             40      the beginning of the term and up to $10,000 at the conclusion of the term;
             41          (d) repayment of a portion of the initial payment by the teacher if the teacher fails to
             42      complete two years of the four-year teaching term as provided by rule of the State Board of
             43      Education in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, unless
             44      waived for good cause; and
             45          (e) nonpayment of the second installment if the teacher fails to complete the four-year
             46      teaching term.
             47          Section 2. Section 53A-1a-602 is enacted to read:
             48          53A-1a-602. Job Enhancement Committee -- Composition -- Duties -- Appropriation.
             49          (1) There is created a Job Enhancement Committee to implement and administer the public
             50      education job enhancement program established in Section 53A-1a-601 .
             51          (2) (a) The committee shall consist of:
             52          (i) two members of the State Board of Education, selected by the board;
             53          (ii) two members of the State Board of Regents selected by the board; and
             54          (iii) three members of the general public who have business experience in mathematics,
             55      physics, chemistry, physical science, or information technology selected by the governor.
             56          (b) Committee members shall receive no compensation or benefits for their service on the
             57      committee, but may receive per diem and expenses incurred in the performance at rates established
             58      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .


             59          (3) (a) The committee shall receive and review applications submitted for participation in
             60      the job enhancement program established under Section 53A-1a-601 .
             61          (b) In reviewing applications, the committee shall focus on:
             62          (i) the prioritized critical areas of need identified under Subsection (4)(a); and
             63          (ii) the awards being made on a competitive basis.
             64          (c) If the committee approves an application received under Subsection (3)(a) it shall
             65      contract directly with the teacher applicant to receive the award, subject to Subsection
             66      53A-1a-601 (2).
             67          (d) The State Board of Education, through the superintendent of public instruction, shall
             68      provide staff support for the committee and adequate and reliable data on the state's supply of and
             69      demand for qualified secondary teachers in the subjects listed in Subsection 53A-1a-601 (1).
             70          (4) The committee shall make a rule in accordance with Title 63, Chapter 46a, Utah
             71      Administrative Rulemaking Act, establishing policies and procedures for:
             72          (a) making the awards in accordance with prioritized critical areas of need as determined
             73      by the committee;
             74          (b) timelines for the submission and approval of applications under Subsection (3); and
             75          (c) the distribution of the awards to successful applicants based on available monies
             76      provided by legislative appropriation.
             77          (5) The Legislature shall make an annual appropriation to the State Board of Education
             78      to fund the job enhancement program established under Section 53a-1a-601 .
             79          (6) The committee shall make an annual report to the Legislature through the Education
             80      Interim committee, the governor, the State Board of Education, and the State Board of Regents on
             81      the status of the program, together with any recommendations for modification, expansion, or
             82      termination of the program.
             83          Section 3. Section 53B-6-105 is enacted to read:
             84          53B-6-105. Engineering and computer technology initiative.
             85          (1) The Legislature recognizes that a significant increase in the number of engineering,
             86      computer science, and related technology graduates from the state system of higher education is
             87      required over the next several years to advance the intellectual, cultural, social, and economic
             88      well-being of the state and its citizens.
             89          (2) (a) (i) The State Board of Regents shall therefore develop, establish, and maintain an


             90      Engineering and Computer Science Initiative within the state system of higher education to double
             91      the number of graduates in engineering, computer science, and related technology by 2006 and
             92      triple the number of graduates by 2009.
             93          (ii) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
             94      Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
             95      "related technology" under this section and Sections 53B-6-105.5 and 53B-6-105.7 .
             96          (b) The initiative shall include components that:
             97          (i) for the 2002 fall semester, increase program capacity by doubling the number of
             98      incoming freshman and the number of students in engineering, computer science, and related
             99      technology going from lower to upper division course work;
             100          (ii) improve the quality of instructional programs in engineering, computer science, and
             101      related technology by providing supplemental monies for equipment purchases; and
             102          (iii) provide incentives to:
             103          (A) students through a loan and loan forgiveness program under Section 53B-6-105.5 ; and
             104          (B) institutions to hire and retain faculty under Section 53B-6-105.7 .
             105          (3) The increase in program capacity under Subsections (2)(a) and (b)(i) shall include
             106      funding for new and renovated capital facilities and funding for new engineering and computer
             107      science programs.
             108          (4) The Legislature shall provide an annual appropriation to fund the initiative as a budget
             109      line item for the State Board of Regents.
             110          Section 4. Section 53B-6-105.5 is enacted to read:
             111          53B-6-105.5. Initiative student loan and loan forgiveness program.
             112          (1) (a) There is established an engineering, computer science, and related technology
             113      student loan program as a component of the initiative created in Section 53B-6-105 .
             114          (b) The program is established to recruit and train engineering, computer science, and
             115      related technology students to assist in providing for and advancing the intellectual and economic
             116      welfare of the state.
             117          (2) (a) The board:
             118          (i) may make rules for the overall administration of the program in accordance with Title
             119      63, Chapter 46a, Utah Administrative Rulemaking Act; and
             120          (ii) shall administer the program consistent with the general student loan provisions


             121      outlined in Title 53B.
             122          (b) The board shall also use the following policies and procedures in administering the
             123      student loan program:
             124          (i) students may use their loans at any institution within the state system of higher
             125      education that offers an engineering, computer science, or related technology baccalaureate degree;
             126          (ii) loans shall be given to students who declare an intent to complete a prescribed course
             127      of instruction in one of the areas referred to in Subsection (2)(b)(i) and to work in the state for a
             128      period of four years after graduation;
             129          (iii) a loan may be cancelled at any time by the institution of attendance, if the student fails
             130      to make reasonable progress towards obtaining the baccalaureate degree or there appears to be a
             131      reasonable certainty that the student does not intend to work in the state upon graduation, and the
             132      board shall require repayment together with interest; and
             133          (iv) (A) a loan recipient who does not work in the state for a term equal to the number of
             134      years of the loan within a reasonable period of time after graduation shall repay a graduated portion
             135      of the loan based upon the uncompleted term together with appropriate interest, unless waived for
             136      good cause; and
             137          (B) one year of employment as an engineer or in the field of computer science or related
             138      technologies is credit for a one-year loan for tuition and fees.
             139          (3) The Legislature shall make an annual appropriation to the board to fund the student
             140      loan program created in this section.
             141          Section 5. Section 53B-6-105.7 is enacted to read:
             142          53B-6-105.7. Incentive program for engineering, computer science, and related
             143      technology faculty.
             144          (1) The Legislature shall provide an annual appropriation to help fund the faculty incentive
             145      component of the engineering and computer science initiative established under Subsection
             146      53B-6-105 (2)(b)(iii)(B).
             147          (2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
             148      engineering, computer science, and related technology fields under guidelines established by the
             149      State Board of Regents.
             150          (3) (a) State institutions of higher education shall match the appropriation on a one-to-one
             151      basis in order to qualify for state monies appropriated under Subsection (1).


             152          (b) (i) Qualifying institutions shall annually report their matching dollars to the board.
             153          (ii) The board shall make a summary report of the institutional matches to the Education
             154      Interim Committee of the Legislature.
             155          (4) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
             156      Administrative Rulemaking Act, establishing policies and procedures to apply for and distribute
             157      the state appropriation to qualifying institutions.
             158          Section 6. Appropriation.
             159          (1) For fiscal year 2001-02, there is appropriated from the following sources to the State
             160      Board of Regents the following amounts for the following purposes:
             161          (a) $5,000,000 of income tax revenues for the faculty incentive program established under
             162      Section 53B-6-105.7 ;
             163          (b) $550,000 of income tax revenues for new engineering and computer science programs
             164      at higher education institutions to increase program capacity under the engineering and computer
             165      science initiative as provided in Subsection 53B-6-105 (2)(b)(i);
             166          (c) a one-time appropriation of $4,200,000 of income tax revenues for equipment
             167      purchases to improve the quality of instructional programs under the engineering and computer
             168      science initiative as provided in Subsection 53B-6-105 (2)(b)(ii); and
             169          (d) a one-time appropriation of $800,000 of income tax revenues to capitalize the student
             170      loan program established under Section 53B-6-105.5 .
             171          (2) (a) For fiscal year 2001-02, there is appropriated from the Uniform School Fund to the
             172      State Board of Education $2,400,000 to help fund the Public Education Job Enhancement Program
             173      as required under Subsection 53A-1a-602 (4)(a).
             174          (b) For fiscal year 2000-01, there is appropriated from the Uniform School Fund to the
             175      State Board of Education $16,600,000 as a one-time supplemental appropriation to help fund the
             176      Public Education Job Enhancement Program as required under Subsection 53A-1a-602 (4)(a).
             177          (3) The appropriations under Subsections (1) and (2) are nonlapsing.
             178          Section 7. Effective date.
             179          This act takes effect on July 1, 2001 except that Subsection (2)(b) of the Appropriation
             180      Section 6 takes effect May 1, 2001.





Legislative Review Note
    as of 1-10-01 1:05 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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