Second Substitute S.B. 61

Representative Thomas V. Hatch 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 $4,000,000
13 appropriation to fund the Engineering and Computer Science Initiative and a $9,900,000
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 technology training.
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, learning technology 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 a master's
38 degree, an endorsement, or graduate education in the areas identified in Subsection (1) to be given
39 to selected public school teachers on a competitive basis:
40 (i) whose applications are approved under Subsection 53A-1a-602 (4); and
41 (ii) who teach at the secondary level in the state's public education system for four years
42 in the areas identified 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 (2)(b), provision for the providing
54 institution to certify adequate performance in obtaining the master's degree, endorsement, or
55 graduate education in order for the teacher to maintain the scholarship; and
56 (ii) repayment by the teacher of a prorated portion of the scholarship, if the teacher fails

57 to teach in the state system of public education in the areas identified in Subsection (1) for four
58 years after obtaining the master's degree, the endorsement, or graduate education.
59 (3) An individual teaching in the public schools under a letter of authorization may
60 participate in the cash award program if:
61 (a) the individual has taught under the letter of authorization for at least one year in the
62 areas referred to in Subsection (1); and
63 (b) the application made under Subsection (2)(a) is based in large part upon the individual
64 receiving a superior evaluation as a classroom teacher.
65 (4) (a) The program may provide for the expenditure of up to $1,000,000 of available
66 monies, if at least an equal amount of matching monies become available, to provide professional
67 development training to superintendents and principals in the effective use of technology in public
68 schools.
69 (b) An award granted under this Subsection (4) shall be made in accordance with criteria
70 developed and adopted by the Job Enhancement Committee created in Section 53A-1-602 .
71 Section 2. Section 53A-1a-602 is enacted to read:
72 53A-1a-602. Job Enhancement Committee -- Composition -- Duties -- Appropriation.
73 (1) There is created a Job Enhancement Committee to implement and administer the
74 Public Education Job Enhancement Program established in Section 53A-1a-601 .
75 (2) (a) The committee shall consist of:
76 (i) two members of the State Board of Education, selected by the board;
77 (ii) two members of the State Board of Regents selected by the board;
78 (iii) six members of the general public who have business experience in mathematics,
79 physics, chemistry, physical science, learning technology, or information technology selected by
80 the governor; and
81 (iv) a master high school teacher, who has teaching experience in mathematics, physics,
82 chemistry, physical science, learning technology, or information technology, selected by the
83 superintendent of public instruction.
84 (b) Committee members shall receive no compensation or benefits for their service on the
85 committee, but may receive per diem and expenses incurred in the performance of their duties at
86 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
87 (3) (a) The committee shall receive and review applications submitted for participation in

88 the Public Education Job Enhancement Program established under Section 53A-1a-601 .
89 (b) In reviewing applications, the committee shall focus on:
90 (i) the prioritized critical areas of need identified under Subsection (4)(a); and
91 (ii) the awards being made on a competitive basis.
92 (c) If the committee approves an application received under Subsection (3)(a), it shall
93 contract directly with the teacher applicant to receive the award or the scholarship for a master's
94 degree, an endorsement, or graduate education, subject to Subsection 53A-1a-601 (2).
95 (d) The State Board of Education, through the superintendent of public instruction, shall
96 provide staff support for the committee and adequate and reliable data on the state's supply of and
97 demand for qualified secondary teachers in the subjects listed in Subsection 53A-1a-601 (1).
98 (4) The committee may apply for grants and matching monies to enhance funding available
99 for the program established in Section 53A-1a-601 .
100 (5) The committee shall make a rule in accordance with Title 63, Chapter 46a, Utah
101 Administrative Rulemaking Act, establishing policies and procedures for:
102 (a) making the awards and offering the scholarships in accordance with prioritized critical
103 areas of need as determined by the committee;
104 (b) timelines for the submission and approval of applications under Subsection (3); and
105 (c) the distribution of the awards and scholarships to successful applicants based on
106 available monies provided by legislative appropriation.
107 (6) The Legislature shall make an annual appropriation to the State Board of Education
108 to fund the Public Education Job Enhancement Program established under Section 53A-1a-601 .
109 (7) The committee shall make an annual report to the Legislature through the Education
110 Interim committee, the governor, the State Board of Education, and the State Board of Regents on
111 the status of the program, together with any recommendations for modification, expansion, or
112 termination of the program.
113 Section 3. Section 53B-6-105 is enacted to read:
114 53B-6-105. Engineering and Computer Technology Initiative.
115 (1) The Legislature recognizes that a significant increase in the number of engineering,
116 computer science, and related technology graduates from the state system of higher education is
117 required over the next several years to advance the intellectual, cultural, social, and economic
118 well-being of the state and its citizens.

119 (2) (a) (i) The State Board of Regents shall therefore develop, establish, and maintain an
120 Engineering and Computer Science Initiative within the state system of higher education to double
121 the number of graduates in engineering, computer science, and related technology by 2006 and
122 triple the number of graduates by 2009.
123 (ii) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
124 Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
125 "related technology" under this section and Sections 53B-6-105.7 and 53B-6-105.9 .
126 (b) The initiative shall include components that:
127 (i) improve the quality of instructional programs in engineering, computer science, and
128 related technology by providing supplemental monies for equipment purchases; and
129 (ii) provide incentives to:
130 (A) students through a loan and loan forgiveness program under Section 53B-6-105.7 ; and
131 (B) institutions to hire and retain faculty under Section 53B-6-105.9 .
132 (3) The increase in program capacity under Subsection (2)(a) shall include funding for new
133 and renovated capital facilities and funding for new engineering and computer science programs.
134 (4) The Legislature shall provide an annual appropriation to fund the initiative as a budget
135 line item for the State Board of Regents.
136 Section 4. Section 53B-6-105.5 is enacted to read:
137 53B-6-105.5. Technology Initiative Advisory Board -- Composition -- Duties.
138 (1) There is created a Technology Initiative Advisory Board to assist and make
139 recommendations to the State Board of Regents in its administration of the Engineering and
140 Computer Science Initiative established under Section 53B-6-105 .
141 (2) (a) The advisory board shall consist of individuals appointed by the governor from the
142 business and industry who have expertise in the areas of engineering, computer science, and related
143 technologies.
144 (b) The advisory board shall select a chair and cochair.
145 (c) The advisory board shall meet at the call of the chair.
146 (d) The State Board of Regents, through the commissioner of higher education, shall
147 provide staff support for the advisory board.
148 (3) Members of the advisory board shall receive no compensation for their service on the
149 board, but may receive per diem and expenses incurred in the performance of their duties at rates

150 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
151 (4) The advisory board has the following duties and responsibilities:
152 (a) to make recommendations to the State Board of Regents on the allocation and
153 distribution of monies appropriated to fund the faculty incentive program established in Section
154 53B-6-105.9 and the equipment purchases required to improve the quality of instructional
155 programs under Subsection 53B-6-105 (2)(b)(i) to include;
156 (i) a strategic plan that details actions required by the board of regents to meet the intent
157 of the Engineering and Technology Science Initiative; and
158 (ii) a review and assessment of engineering, computer science, and related technology
159 programs currently being offered at higher education institutions and their impact on the economic
160 prosperity of the state;
161 (b) to provide the State Board of Regents with an assessment and reporting plan that:
162 (i) measures results against expectations under the initiative, including verification of the
163 matching requirements for institutions of higher education to receive monies under Subsection
164 53B-6-105.9 (1); and
165 (ii) includes an analysis of market demand for technical employment, program articulation
166 among higher education institutions in engineering, computer science, and related technology,
167 tracking of student placement, student admission to the initiative program by region, transfer rates,
168 and retention in and graduation rates from the initiative program; and
169 (c) to make an annual report of its activities to the State Board of Regents, the Legislature
170 through the Education Interim Committee and the Higher Education Appropriations
171 Subcommittee, and the governor.
172 Section 5. Section 53B-6-105.7 is enacted to read:
173 53B-6-105.7. Initiative student loan and loan forgiveness program.
174 (1) (a) There is established an engineering, computer science, and related technology
175 student loan program as a component of the initiative created in Section 53B-6-105 .
176 (b) The program is established to recruit and train engineering, computer science, and
177 related technology students to assist in providing for and advancing the intellectual and economic
178 welfare of the state.
179 (2) (a) The board:
180 (i) may make rules for the overall administration of the program in accordance with Title

181 63, Chapter 46a, Utah Administrative Rulemaking Act; and
182 (ii) shall administer the program consistent with the general student loan provisions
183 outlined in Title 53B.
184 (b) The board shall also use the following policies and procedures in administering the
185 student loan program:
186 (i) students may use their loans at any institution within the state system of higher
187 education that offers an engineering, computer science, or related technology baccalaureate degree;
188 (ii) loans shall be given to students who declare an intent to complete a prescribed course
189 of instruction in one of the areas referred to in Subsection (2)(b)(i) and to work in the state for a
190 period of four years after graduation in one of those areas;
191 (iii) a loan may be cancelled at any time by the institution of attendance, if the student fails
192 to make reasonable progress towards obtaining the baccalaureate degree or there appears to be a
193 reasonable certainty that the student does not intend to work in the state upon graduation, and the
194 board shall require repayment together with interest; and
195 (iv) (A) a loan recipient who does not work in the state in one of the areas listed in
196 Subsection (1)(a) for a term equal to the number of years of the loan within a reasonable period
197 of time after graduation shall repay a graduated portion of the loan based upon the uncompleted
198 term together with appropriate interest, unless waived for good cause; and
199 (B) one year of employment as an engineer or in the field of computer science or related
200 technologies is credit for a one-year loan for tuition and fees.
201 (3) The Legislature shall make an annual appropriation to the board to fund the student
202 loan program created in this section.
203 Section 6. Section 53B-6-105.9 is enacted to read:
204 53B-6-105.9. Incentive program for engineering, computer science, and related
205 technology faculty.
206 (1) The Legislature shall provide an annual appropriation to help fund the faculty incentive
207 component of the Engineering and Computer Science Initiative established under Subsection
208 53B-6-105 (2)(b)(ii)(B).
209 (2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
210 engineering, computer science, and related technology fields under guidelines established by the
211 State Board of Regents.

212 (3) (a) State institutions of higher education shall match the appropriation on a one-to-one
213 basis in order to qualify for state monies appropriated under Subsection (1).
214 (b) (i) Qualifying institutions shall annually report their matching dollars to the board.
215 (ii) The board shall make a summary report of the institutional matches to the Education
216 Interim Committee of the Legislature.
217 (4) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
218 Administrative Rulemaking Act, establishing policies and procedures to apply for and distribute
219 the state appropriation to qualifying institutions.
220 Section 7. Section 63-55-253 is amended to read:
221 63-55-253. Repeal dates, Title 53A.
222 The following provisions of Title 53A are repealed on the following dates:
223 (1) Title 53A, Chapter 1a, Part 2, Strategic Planning for Public and Higher Education
224 Committee is repealed July 1, 2002.
225 (2) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is repealed
226 July 1, 2005.
227 [(2)] (3) The State Textbook Commission, created in Section 53A-14-101 , is repealed July
228 1, 2001.
229 [(3)] (4) Title 53A, Chapter 20a, Public Education Revenue Bond Act, is repealed July 1,
230 2007.
231 Section 8. Appropriation.
232 (1) For fiscal year 2001-02, there is appropriated from the following sources to the State
233 Board of Regents the following amounts for the following purposes:
234 (a) $1,000,000 of income tax revenues for the faculty incentive program established under
235 Section 53B-6-105.9 ;
236 (b) a one-time appropriation of $2,500,000 of income tax revenues for equipment
237 purchases to improve the quality of instructional programs under the engineering and computer
238 science initiative as provided in Subsection 53B-6-105 (2)(b)(ii); and
239 (c) a one-time appropriation of $500,000 of income tax revenues to capitalize the student
240 loan program established under Section 53B-6-105.7 .
241 (2) (a) For fiscal year 2001-02, there is appropriated from the Uniform School Fund to the
242 State Board of Education $2,400,000 to help fund the Public Education Job Enhancement Program

243 as required under Subsection 53A-1a-602 (4)(a).
244 (b) For fiscal year 2000-01, there is appropriated from the Uniform School Fund to the
245 State Board of Education $7,500,000 as a one-time supplemental appropriation to help fund the
246 Public Education Job Enhancement Program as required under Subsection 53A-1a-602 (4)(a).
247 (3) The appropriations under Subsections (1) and (2) are nonlapsing.
248 Section 9. Effective date.
249 This act takes effect on July 1, 2001 except that Subsection (2)(b) of the Appropriation
250 Section 8 takes effect May 1, 2001.