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First Substitute S.B. 61

Senator Lyle W. Hillyard proposes to substitute the following bill:


             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
             8      higher education and the Public Education Job Enhancement Program for secondary
             9      teachers in mathematics, physics, chemistry, physical science, and information technology
             10      within the public education system. The act identifies components of the higher education
             11      initiative to include increasing program capacity, providing supplemental monies for
             12      equipment purchases, and providing incentives. The act provides for a $10,550,000
             13      appropriation to fund the Engineering and Computer Science Initiative and a $19,000,000
             14      appropriation to fund the Public Education Job Enhancement Program. The act has a split
             15      effective date of May 1, 2001, and July 1, 2001.
             16      This act affects sections of Utah Code Annotated 1953 as follows:
             17      AMENDS:
             18          63-55-253, as last amended by Chapter 59, Laws of Utah 2000
             19      ENACTS:
             20          53A-1a-601, Utah Code Annotated 1953
             21          53A-1a-602, Utah Code Annotated 1953
             22          53B-6-105, Utah Code Annotated 1953
             23          53B-6-105.5, Utah Code Annotated 1953
             24          53B-6-105.7, Utah Code Annotated 1953
             25          53B-6-105.9, Utah Code Annotated 1953


             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 53A-1a-601 is enacted to read:
             28     
Part 6. Public Education Job Enhancement Program

             29          53A-1a-601. Job enhancements for secondary teachers.
             30          (1) In conjunction with the Engineering and Computer Science Initiative provided for in
             31      Section 53B-6-105 , there is established a Public Education Job Enhancement Program to attract,
             32      train, and retain highly qualified secondary teachers in mathematics, physics, chemistry, physical
             33      science, and information technology.
             34          (2) The program shall provide for the following:
             35          (a) application by a school district superintendent or the principal of a secondary school
             36      on behalf of a qualified teacher;
             37          (b) an award of up to $20,000 or a scholarship to cover the tuition costs for an
             38      endorsement in the areas identified in Subsection (1) to be given to selected secondary school
             39      teachers on a competitive basis:
             40          (i) whose applications are approved under Subsection 53A-1a-602 (4); and
             41          (ii) who teach in the state's public education system for four years in the areas identified
             42      in Subsection (1);
             43          (c) (i) as to the cash awards under Subsection (2)(b), payment of the award in two
             44      installments, with an initial payment of up to $10,000 at the beginning of the term and up to
             45      $10,000 at the conclusion of the term;
             46          (ii) repayment of a portion of the initial payment by the teacher if the teacher fails to
             47      complete two years of the four-year teaching term in the areas identified in Subsection (1) as
             48      provided by rule of the State Board of Education in accordance with Title 63, Chapter 46a, Utah
             49      Administrative Rulemaking Act, unless waived for good cause by the Job Enhancement
             50      Committee created in Section 53A-1a-602 ; and
             51          (iii) nonpayment of the second installment if the teacher fails to complete the four-year
             52      teaching term; and
             53          (d) (i) as to the scholarships awarded under Subsection (b), provision for earning a "B"
             54      grade or better in the courses taken by the teacher in order to maintain the scholarship; and
             55          (ii) repayment by the teacher of a pro-rated portion of the scholarship, if the teacher fails
             56      to teach in the state system of public education in the areas identified in Subsection (1) for four


             57      years after obtaining the endorsement.
             58          (3) An individual teaching in the public schools under a letter of authorization may
             59      participate in the cash award program if:
             60          (a) the individual has taught under the letter of authorization for at least one year in the
             61      areas referred to in Subsection (1); and
             62          (b) the application made under Subsection (2)(a) is based in large part upon the individual
             63      receiving a superior evaluation as a classroom teacher.
             64          Section 2. Section 53A-1a-602 is enacted to read:
             65          53A-1a-602. Job Enhancement Committee -- Composition -- Duties -- Appropriation.
             66          (1) There is created a Job Enhancement Committee to implement and administer the
             67      Public Education Job Enhancement Program established in Section 53A-1a-601 .
             68          (2) (a) The committee shall consist of:
             69          (i) two members of the State Board of Education, selected by the board;
             70          (ii) two members of the State Board of Regents selected by the board; and
             71          (iii) five members of the general public who have business experience in mathematics,
             72      physics, chemistry, physical science, or information technology selected by the governor.
             73          (b) Committee members shall receive no compensation or benefits for their service on the
             74      committee, but may receive per diem and expenses incurred in the performance of their duties at
             75      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             76          (3) (a) The committee shall receive and review applications submitted for participation in
             77      the Public Education Job Enhancement Program established under Section 53A-1a-601 .
             78          (b) In reviewing applications, the committee shall focus on:
             79          (i) the prioritized critical areas of need identified under Subsection (4)(a); and
             80          (ii) the awards being made on a competitive basis.
             81          (c) If the committee approves an application received under Subsection (3)(a) it shall
             82      contract directly with the teacher applicant to receive the award or the scholarship for an
             83      endorsement, subject to Subsection 53A-1a-601 (2).
             84          (d) The State Board of Education, through the superintendent of public instruction, shall
             85      provide staff support for the committee and adequate and reliable data on the state's supply of and
             86      demand for qualified secondary teachers in the subjects listed in Subsection 53A-1a-601 (1).
             87          (4) The committee shall make a rule in accordance with Title 63, Chapter 46a, Utah


             88      Administrative Rulemaking Act, establishing policies and procedures for:
             89          (a) making the awards and offering the scholarships in accordance with prioritized critical
             90      areas of need as determined by the committee;
             91          (b) timelines for the submission and approval of applications under Subsection (3); and
             92          (c) the distribution of the awards and scholarships to successful applicants based on
             93      available monies provided by legislative appropriation.
             94          (5) The Legislature shall make an annual appropriation to the State Board of Education
             95      to fund the Public Education Job Enhancement Program established under Section 53a-1a-601 .
             96          (6) The committee shall make an annual report to the Legislature through the Education
             97      Interim committee, the governor, the State Board of Education, and the State Board of Regents on
             98      the status of the program, together with any recommendations for modification, expansion, or
             99      termination of the program.
             100          Section 3. Section 53B-6-105 is enacted to read:
             101          53B-6-105. Engineering and Computer Technology Initiative.
             102          (1) The Legislature recognizes that a significant increase in the number of engineering,
             103      computer science, and related technology graduates from the state system of higher education is
             104      required over the next several years to advance the intellectual, cultural, social, and economic
             105      well-being of the state and its citizens.
             106          (2) (a) (i) The State Board of Regents shall therefore develop, establish, and maintain an
             107      Engineering and Computer Science Initiative within the state system of higher education to double
             108      the number of graduates in engineering, computer science, and related technology by 2006 and
             109      triple the number of graduates by 2009.
             110          (ii) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
             111      Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
             112      "related technology" under this section and Sections 53B-6-105.7 and 53B-6-105.9 .
             113          (b) The initiative shall include components that:
             114          (i) for the 2002 fall semester, increase program capacity by doubling the number of
             115      incoming freshman and the number of students in engineering, computer science, and related
             116      technology going from lower to upper division course work;
             117          (ii) improve the quality of instructional programs in engineering, computer science, and
             118      related technology by providing supplemental monies for equipment purchases; and


             119          (iii) provide incentives to:
             120          (A) students through a loan and loan forgiveness program under Section 53B-6-105.7 ; and
             121          (B) institutions to hire and retain faculty under Section 53B-6-105.9 .
             122          (3) The increase in program capacity under Subsections (2)(a) and (b)(i) shall include
             123      funding for new and renovated capital facilities and funding for new engineering and computer
             124      science programs.
             125          (4) The Legislature shall provide an annual appropriation to fund the initiative as a budget
             126      line item for the State Board of Regents.
             127          Section 4. Section 53B-6-105.5 is enacted to read:
             128          53B-6-105.5. Technology Initiative Advisory Board -- Composition -- Duties.
             129          (1) There is created a Technology Initiative Advisory Board to assist and make
             130      recommendations to the State Board of Regents in its administration of the Engineering and
             131      Computer Science Initiative established under Section 53B-6-105 .
             132          (2) (a) The advisory board shall consist of individuals appointed by the governor from the
             133      business and industry who have expertise in the areas of engineering, computer science, and related
             134      technologies.
             135          (b) The advisory board shall select a chair and cochair.
             136          (c) The advisory board shall meet at the call of the chair.
             137          (d) The State Board of Regents, through the commissioner of higher education, shall
             138      provide staff support for the advisory board.
             139          (3) Members of the advisory board shall receive no compensation for their service on the
             140      board, but may receive per diem and expenses incurred in the performance of their duties at rates
             141      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             142          (4) The advisory board has the following duties and responsibilities:
             143          (a) to make recommendations to the State Board of Regents on the allocation and
             144      distribution of monies appropriated to fund the faculty incentive program established in Section
             145      53B-6-105.9 and the equipment purchases required to improve the quality of instructional
             146      programs under Subsection 53B-6-105 (2)(b)(ii) to include;
             147          (i) a strategic plan that details actions required by the board of regents to meet the intent
             148      of the Engineering and Technology Science Initiative; and
             149          (ii) a review and assessment of engineering, computer science, and related technology


             150      programs currently being offered at higher education institutions and their impact on the economic
             151      prosperity of the state;
             152          (b) to provide the State Board of Regents with an assessment and reporting plan that:
             153          (i) measures results against expectations under the initiative, including verification of the
             154      matching requirements for institutions of higher education to receive monies under Subsection
             155      53B-6-105.9 (1); and
             156          (ii) includes an analysis of market demand for technical employment, program articulation
             157      among higher education institutions in engineering, computer science, and related technology,
             158      tracking of student placement, student admission to the initiative program by region, transfer rates,
             159      and retention in and graduation rates from the initiative program; and
             160          (c) to make an annual report of its activities to the State Board of Regents, the Legislature
             161      through the Education Interim Committee and the Higher Education Appropriations
             162      Subcommittee, and the governor.
             163          Section 5. Section 53B-6-105.7 is enacted to read:
             164          53B-6-105.7. Initiative student loan and loan forgiveness program.
             165          (1) (a) There is established an engineering, computer science, and related technology
             166      student loan program as a component of the initiative created in Section 53B-6-105 .
             167          (b) The program is established to recruit and train engineering, computer science, and
             168      related technology students to assist in providing for and advancing the intellectual and economic
             169      welfare of the state.
             170          (2) (a) The board:
             171          (i) may make rules for the overall administration of the program in accordance with Title
             172      63, Chapter 46a, Utah Administrative Rulemaking Act; and
             173          (ii) shall administer the program consistent with the general student loan provisions
             174      outlined in Title 53B.
             175          (b) The board shall also use the following policies and procedures in administering the
             176      student loan program:
             177          (i) students may use their loans at any institution within the state system of higher
             178      education that offers an engineering, computer science, or related technology baccalaureate degree;
             179          (ii) loans shall be given to students who declare an intent to complete a prescribed course
             180      of instruction in one of the areas referred to in Subsection (2)(b)(i) and to work in the state for a


             181      period of four years after graduation in one of those areas;
             182          (iii) a loan may be cancelled at any time by the institution of attendance, if the student fails
             183      to make reasonable progress towards obtaining the baccalaureate degree or there appears to be a
             184      reasonable certainty that the student does not intend to work in the state upon graduation, and the
             185      board shall require repayment together with interest; and
             186          (iv) (A) a loan recipient who does not work in the state in one of the areas listed in
             187      Subsection (1)(a) for a term equal to the number of years of the loan within a reasonable period
             188      of time after graduation shall repay a graduated portion of the loan based upon the uncompleted
             189      term together with appropriate interest, unless waived for good cause; and
             190          (B) one year of employment as an engineer or in the field of computer science or related
             191      technologies is credit for a one-year loan for tuition and fees.
             192          (3) The Legislature shall make an annual appropriation to the board to fund the student
             193      loan program created in this section.
             194          Section 6. Section 53B-6-105.9 is enacted to read:
             195          53B-6-105.9. Incentive program for engineering, computer science, and related
             196      technology faculty.
             197          (1) The Legislature shall provide an annual appropriation to help fund the faculty incentive
             198      component of the Engineering and Computer Science Initiative established under Subsection
             199      53B-6-105 (2)(b)(iii)(B).
             200          (2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
             201      engineering, computer science, and related technology fields under guidelines established by the
             202      State Board of Regents.
             203          (3) (a) State institutions of higher education shall match the appropriation on a one-to-one
             204      basis in order to qualify for state monies appropriated under Subsection (1).
             205          (b) (i) Qualifying institutions shall annually report their matching dollars to the board.
             206          (ii) The board shall make a summary report of the institutional matches to the Education
             207      Interim Committee of the Legislature.
             208          (4) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
             209      Administrative Rulemaking Act, establishing policies and procedures to apply for and distribute
             210      the state appropriation to qualifying institutions.
             211          Section 7. Section 63-55-253 is amended to read:


             212           63-55-253. Repeal dates, Title 53A.
             213          The following provisions of Title 53A are repealed on the following dates:
             214          (1) Title 53A, Chapter 1a, Part 2, Strategic Planning for Public and Higher Education
             215      Committee is repealed July 1, 2002.
             216          (2) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is repealed
             217      July 1, 2005.
             218          [(2)] (3) The State Textbook Commission, created in Section 53A-14-101 , is repealed July
             219      1, 2001.
             220          [(3)] (4) Title 53A, Chapter 20a, Public Education Revenue Bond Act, is repealed July 1,
             221      2007.
             222          Section 8. Appropriation.
             223          (1) For fiscal year 2001-02, there is appropriated from the following sources to the State
             224      Board of Regents the following amounts for the following purposes:
             225          (a) $5,000,000 of income tax revenues for the faculty incentive program established under
             226      Section 53B-6-105.9 ;
             227          (b) $550,000 of income tax revenues for new engineering and computer science programs
             228      at higher education institutions to increase program capacity under the engineering and computer
             229      science initiative as provided in Subsection 53B-6-105 (2)(b)(i);
             230          (c) a one-time appropriation of $4,200,000 of income tax revenues for equipment
             231      purchases to improve the quality of instructional programs under the engineering and computer
             232      science initiative as provided in Subsection 53B-6-105 (2)(b)(ii); and
             233          (d) a one-time appropriation of $800,000 of income tax revenues to capitalize the student
             234      loan program established under Section 53B-6-105.7 .
             235          (2) (a) For fiscal year 2001-02, there is appropriated from the Uniform School Fund to the
             236      State Board of Education $2,400,000 to help fund the Public Education Job Enhancement Program
             237      as required under Subsection 53A-1a-602 (4)(a).
             238          (b) For fiscal year 2000-01, there is appropriated from the Uniform School Fund to the
             239      State Board of Education $16,600,000 as a one-time supplemental appropriation to help fund the
             240      Public Education Job Enhancement Program as required under Subsection 53A-1a-602 (4)(a).
             241          (3) The appropriations under Subsections (1) and (2) are nonlapsing.
             242          Section 9. Effective date.


             243          This act takes effect on July 1, 2001 except that Subsection (2)(b) of the Appropriation
             244      Section 8 takes effect May 1, 2001.


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