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H.B. 1003 Enrolled

                 

APPLIED TECHNOLOGY EDUCATION

                 
GOVERNANCE

                 
2001 FIRST SPECIAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Ron Bigelow

                  This act establishes a new applied technology education governance structure for Utah.
                  This act creates the Utah College of Applied Technology and regional applied technology
                  colleges in Utah, establishes their governance structure, and defines their powers and duties.
                  This act defines the governing authority of the State Board of Regents with respect to the
                  Utah College of Applied Technology and its regional applied technology colleges. This act
                  creates the Utah College of Applied Technology Board of Trustees, establishes its
                  membership and meeting requirements, and defines its powers and duties. This act
                  establishes regional applied technology college boards, establishes their membership and
                  meeting requirements, and defines their powers and duties. This act establishes the offices
                  of the president of the Utah College of Applied Technology and the regional presidents and
                  defines their appointments, powers, and duties. This act repeals the State Board for Applied
                  Technology and transfers most of its duties and responsibilities to the State Board of
                  Education. This act makes technical and conforming changes to other sections of the Utah
                  Code to make those sections consistent with the substantive provisions of this act. This act
                  establishes funding guidelines governing future legislative appropriations. This act transfers
                  appropriations relating to the Utah College of Applied Technology and its regional applied
                  technology colleges. This act repeals superseded sections. This act takes effect September
                  1, 2001.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      53A-1-101, as repealed and reenacted by Chapter 1, Laws of Utah 1995
                      53A-1-402, as last amended by Chapter 73, Laws of Utah 2001
                      53A-8-102, as last amended by Chapter 324, Laws of Utah 1999
                      53A-15-202, as last amended by Chapter 53, Laws of Utah 1992


                      53A-15-205, as last amended by Chapter 1, Laws of Utah 2000
                      53A-17a-113 (Effective 07/01/01), as last amended by Chapter 335, Laws of Utah 2001
                      53A-17a-116 (Effective 07/01/01), as last amended by Chapter 335, Laws of Utah 2001
                      53A-24-102, as last amended by Chapter 37, Laws of Utah 1996
                      53A-24-103, as last amended by Chapter 53, Laws of Utah 1992
                      53B-1-102, as last amended by Chapter 7, Laws of Utah 2000
                      53B-1-103, as last amended by Chapter 287, Laws of Utah 1995
                      53B-1-104, as enacted by Chapter 167, Laws of Utah 1987
                      53B-2-104, as last amended by Chapter 243, Laws of Utah 1996
                      53B-2-106, as last amended by Chapter 401, Laws of Utah 1998
                      53B-6-101, as last amended by Chapters 2 and 53, Laws of Utah 1992
                      53B-8-105, as last amended by Chapter 121, Laws of Utah 2000
                      53B-16-102, as last amended by Chapter 53, Laws of Utah 1992
                      53B-16-205, as enacted by Chapter 256, Laws of Utah 1998
                  ENACTS:
                      53B-1-101.5, Utah Code Annotated 1953
                      53B-2a-101, Utah Code Annotated 1953
                      53B-2a-102, Utah Code Annotated 1953
                      53B-2a-103, Utah Code Annotated 1953
                      53B-2a-104, Utah Code Annotated 1953
                      53B-2a-105, Utah Code Annotated 1953
                      53B-2a-106, Utah Code Annotated 1953
                      53B-2a-107, Utah Code Annotated 1953
                      53B-2a-108, Utah Code Annotated 1953
                      53B-2a-109, Utah Code Annotated 1953
                      53B-2a-110, Utah Code Annotated 1953
                      53B-2a-111, Utah Code Annotated 1953
                      53B-2a-112, Utah Code Annotated 1953

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                  REPEALS:
                      53A-1-501, as last amended by Chapter 86, Laws of Utah 2001
                      53A-1-502, as last amended by Chapters 28 and 375, Laws of Utah 1997
                      53A-15-201, as last amended by Chapter 53, Laws of Utah 1992
                      53A-15-202.5, as enacted by Chapter 35, Laws of Utah 1999
                      53A-15-203, as last amended by Chapter 53, Laws of Utah 1992
                  This act enacts uncodified material.
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-1-101 is amended to read:
                       53A-1-101. State Board of Education -- Members.
                      (1) Members of the State Board of Education shall be nominated and elected as provided in
                  Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
                      (2) (a) In addition to the members designated under Subsection (1), two members of the
                  State Board of Regents, appointed by the chair of the State Board of Regents, shall serve as
                  nonvoting members of the State Board of Education.
                      (b) A nonvoting member shall continue to serve as a member without a set term until the
                  member is replaced by the chair of the State Board of Regents.
                      Section 2. Section 53A-1-402 is amended to read:
                       53A-1-402. Board to establish minimum standards for public schools.
                      (1) The State Board of Education shall establish rules and minimum standards for the public
                  schools, to include:
                      (a) the qualification and certification of educators and ancillary personnel who provide direct
                  student services, required school administrative and supervisory services, and evaluation of
                  instructional personnel;
                      (b) access to programs, attendance, competency levels, graduation requirements, discipline
                  and control, and health and safety requirements;
                      (c) school accreditation, the academic year, alternative and pilot programs, curriculum and
                  instruction requirements, school libraries, and services to persons with a disability as defined by and

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                  covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102; the Rehabilitation Act
                  of 1973, 29 U.S.C. 705(20)(A); and the Individuals with Disabilities and Education Act, 20 U.S.C.
                  1401(3); and other special groups;
                      (d) requirements for school design, general educational specifications, school sites, and
                  building accessibility;
                      (e) state reimbursed bus routes, bus safety and operational requirements, and other
                  transportation needs; and
                      (f) school productivity and cost effectiveness measures, the minimum school program, school
                  building aid, school lunch, driver education, federal programs, school budget formats, and financial,
                  statistical, and student accounting requirements.
                      (2) The board shall determine [whether] if:
                      (a) the minimum standards have been met[,]; and [that]
                      (b) required reports are properly submitted.
                      (3) The board may apply for, receive, administer, and distribute to eligible applicants funds
                  made available through programs of the federal government.
                      (4) The board shall approve any competency-based high school diploma equivalent before
                  any applied technology college may offer the diploma equivalent.
                      Section 3. Section 53A-8-102 is amended to read:
                       53A-8-102. Definitions.
                      As used in this chapter:
                      (1) "Career employee" means an employee of a school district who has obtained a reasonable
                  expectation of continued employment based upon Section 53A-8-106 and an agreement with the
                  employee or the employee's association, district practice, or policy.
                      (2) "Contract term" or "term of employment" means the period of time during which an
                  employee is engaged by the school district under a contract of employment, whether oral or written.
                      (3) "Dismissal" or "termination" means:
                      (a) termination of the status of employment of an employee;
                      (b) failure to renew or continue the employment contract of a career employee beyond the

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                  then-current school year;
                      (c) reduction in salary of an employee not generally applied to all employees of the same
                  category employed by the school district during the employee's contract term; or
                      (d) change of assignment of an employee with an accompanying reduction in pay, unless the
                  assignment change and salary reduction are agreed to in writing.
                      (4) "Employee" means a career or provisional employee of a school district, but does not
                  include:
                      (a) the district superintendent, or the equivalent at [an applied technology center or] the
                  Schools for the Deaf and the Blind;
                      (b) the district business administrator or the equivalent at [an applied technology center or]
                  the Schools for the Deaf and the Blind; or
                      (c) a temporary employee.
                      (5) "Provisional employee" means an individual, other than a career employee or a temporary
                  employee, who is employed by a school district.
                      (6) "School board" or "board" means a district school board or its equivalent at [an applied
                  technology center or] the Schools for the Deaf and the Blind.
                      (7) "School district" or "district" means:
                      (a) a public school district; or
                      [(b) an applied technology center; or]
                      [(c)] (b) the Schools for the Deaf and the Blind.
                      (8) "Temporary employee" means an individual who is employed on a temporary basis as
                  defined by policies adopted by the local board of education. If the class of employees in question is
                  represented by an employee organization recognized by the local board, the board shall adopt its
                  policies based upon an agreement with that organization. Temporary employees serve at will and
                  have no expectation of continued employment.
                      Section 4. Section 53A-15-202 is amended to read:
                       53A-15-202. Powers of the board.
                      The State Board [for Applied Technology] of Education:

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                      (1) shall establish minimum standards for applied technology programs in the public                   education
                  system;
                      (2) may apply for, receive, administer, and distribute funds made available through programs
                  of federal and state governments to promote and aid applied technology education;
                      (3) shall cooperate with federal and state governments to administer programs which promote
                  and maintain applied technology education;
                      [(4) shall appoint staff and establish their duties;]
                      [(5) shall fix staff compensation and pay their expenses from funds appropriated for this
                  purpose; and]
                      [(6) shall perform other duties as required by law.]
                      (4) shall cooperate with the Utah College of Applied Technology to ensure that students in
                  the public education system have access to applied technology education in applied technology
                  colleges; and
                      (5) shall, after consulting with local school districts, prepare and submit an annual report to
                  the governor and to the Legislature's Education Interim Committee by October 31 of each year
                  detailing:
                      (a) how the applied technology education needs of secondary students are being met; and
                      (b) what access secondary students have to programs offered at applied technology colleges.
                      Section 5. Section 53A-15-205 is amended to read:
                       53A-15-205. Disability Determination Services Advisory Council -- Membership --
                  Duties -- Requirements for DDDS.
                      (1) As used in this section, "council" means the Disability Determination Services Advisory
                  Council [to the State Board for Applied Technology Education,] created in Subsection (2).
                      (2) There is created the Disability Determination Services Advisory Council to act as an
                  advisory council to the State Board [for Applied Technology] of Education regarding the Division
                  of Disability Determination Services (DDDS)[,] established under Chapter 24, Part 5.
                      (3) The council is composed of the following members:
                      (a) the administrator of DDDS;

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                      (b) a representative of the United States Department of Health and Human Services, Social
                  Security Administration, appointed by the board; and
                      (c) nine persons, appointed by the board in accordance with Subsections (5) and (6), who
                  represent a cross section of:
                      (i) persons with disabilities;
                      (ii) advocates for persons with disabilities;
                      (iii) health care providers;
                      (iv) representatives of allied state and local agencies; and
                      (v) representatives of the general public.
                      (4) The members appointed under Subsections (3)(a) and (3)(b) serve as nonvoting members
                  of the council.
                      (5) In appointing the members described in Subsection (3)(c), the board shall:
                      (a) solicit nominations from organizations and agencies that represent the interests of
                  members described in that subsection; and
                      (b) make every effort to create a balance in terms of geography, sex, race, ethnicity, and type
                  of both mental and physical disabilities.
                      (6) In making initial appointments of members described in Subsection (3)(c), the board shall
                  appoint three members for two-year terms, three members for four-year terms, and three members
                  for six-year terms. All subsequent appointments are for four years. The board shall fill any vacancy
                  that occurs on the council for any reason by appointing a person for the unexpired term of the vacated
                  member. Council members are eligible for one reappointment and serve until their successors are
                  appointed.
                      (7) Five voting members of the council constitute a quorum. The action of a majority of a
                  quorum represents the action of the council.
                      (8) Members of the council serve without compensation but may be reimbursed for expenses
                  incurred in the performance of their official duties.
                      (9) (a) The council shall annually elect a chairperson from among the membership described,
                  and shall adopt bylaws governing its activities.

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                      (b) The chairperson shall set the meeting agenda.
                      (10) The council shall:
                      (a) advise DDDS and the Social Security Administration regarding its practices and policies
                  on the determination of claims for social security disability benefits;
                      (b) participate in the development of new internal practices and procedures of DDDS and [of
                  the] policies of the Social Security Administration regarding the evaluation of disability claims;
                      (c) recommend changes to practices and policies to ensure that DDDS is responsive to
                  disabled individuals;
                      (d) review the DDDS budget to ensure that it is adequate to effectively evaluate disability
                  claims and to meet the needs of persons with disabilities who have claims pending with DDDS; and
                      (e) review and recommend changes to policies and practices of allied state and federal
                  agencies, health care providers, and private community organizations.
                      (11) The council shall annually report to the board, the governor, and the Legislative
                  Education and Health and Human Services Interim Committees regarding its activities.
                      (12) (a) To assist the council in its duties, DDDS shall provide the necessary staff assistance
                  to enable the council to make timely and effective recommendations. [That]
                      (b) Staff assistance may include[, but is not limited to, developing]:
                      (i) distributing meeting agendas [and minutes,];
                      (ii) advising the chairpersons of the council regarding relevant items for council discussion[,];
                  and
                      (iii) providing reports, documents, budgets, memorandums, statutes, and regulations
                  regarding the management of DDDS.
                      (c) Staff assistance shall include maintaining minutes.
                      Section 6. Section 53A-17a-113 (Effective 07/01/01) is amended to read:
                       53A-17a-113 (Effective 07/01/01). Weighted pupil units for applied technology
                  education programs -- Funding of approved programs -- Performance measures -- Qualifying
                  criteria.
                      (1) There is appropriated to the State Board [for Applied Technology] of Education,

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                  hereafter referred to in this section as the board, $49,563,068 (23,423 weighted pupil units) to pay
                  the added instructional costs of approved applied technology education programs.
                      (a) Included in the appropriation is $890,836 (421 weighted pupil units) for summer applied
                  technology agriculture programs.
                      (b) These monies are allocated to eligible recipients as provided in Subsections (2), (3), and
                  (4).
                      (c) Money appropriated under Subsection 53A-17a-113 (1) and any money appropriated for
                  work-based education may not be used to fund programs below the ninth grade level.
                      (2) Weighted pupil units are computed for pupils in approved programs.
                      (a) The board shall fund approved programs based upon hours of membership of 9th through
                  12th grade students.
                      (b) The board shall use an amount not to exceed 20% of the total appropriation under this
                  section to fund approved programs based on performance measures such as placement and
                  competency attainment defined in standards set by the board for districts to qualify for applied
                  technology funding.
                      (c) Leadership organization funds shall constitute an amount not to exceed 1% of the total
                  appropriation under this section, and shall be distributed to each local educational agency sponsoring
                  applied technology student leadership organizations in a ratio representing the agency's share of the
                  state's total membership in those organizations.
                      (d) The board shall make the necessary calculations for distribution of the appropriation to
                  school districts and may revise and recommend changes necessary for achieving equity and ease of
                  administration.
                      (3) (a) Twenty weighted pupil units shall be computed for each district, or 25 weighted pupil
                  units may be computed for each district that consolidates applied technology administrative services
                  with one or more other districts.
                      (b) Between 10 and 25 weighted pupil units shall be computed for each high school
                  conducting approved applied technology education programs in a district according to standards
                  established by the board.

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                      (c) Forty weighted pupil units shall be computed for each district that operates an approved
                  district applied technology center.
                      (d) Between five and seven weighted pupil units shall be computed for each summer applied
                  technology agriculture program according to standards established by the board.
                      (e) The board shall, by rule, establish qualifying criteria for districts to receive weighted pupil
                  units under Subsection (3).
                      (4) (a) All monies allocated under Subsection (1) are computed by using average daily
                  membership in approved programs for the previous year.
                      (b) A district that has experienced student growth in grades 9 through 12 for the previous
                  year shall have the growth factor applied to the previous year's weighted pupil units when calculating
                  the allocation of monies under this subsection.
                      (5) (a) The board shall establish rules for the upgrading of high school applied technology
                  education programs.
                      (b) The rules shall reflect technical training and actual marketable job skills in society.
                      (c) The rules shall include procedures to assist school districts to convert existing programs
                  which are not preparing students for the job market into programs that will accomplish that purpose.
                      (6) Programs that do not meet board standards may not be funded under this section.
                      Section 7. Section 53A-17a-116 (Effective 07/01/01) is amended to read:
                       53A-17a-116 (Effective 07/01/01). Weighted pupil units for applied technology
                  set-aside programs.
                      (1) There is appropriated to the State Board [for Applied Technology] of Education
                  $2,092,724 (989 weighted pupil units) for an applied technology set-aside program.
                      (2) Applied technology set-aside funds appropriated to the board are allocated by Request
                  for Proposal (RFP) to provide a district minimum payment for applied technology education.
                      (3) Each district shall receive a guaranteed minimum allocation.
                      (4) The set-aside funds remaining after the initial minimum payment allocation are distributed
                  by an RFP process to help pay for equipment costs necessary to initiate new programs and for high
                  priority programs as determined by labor market information.

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                      Section 8. Section 53A-24-102 is amended to read:
                       53A-24-102. Definitions.
                      As used in this chapter:
                      (1) "Board" means the [Utah] State Board [for Applied Technology] of Education.
                      (2) "DDDS" means the Division of Disability Determination Services.
                      (3) "Disability" means a physical or mental condition which materially limits, contributes to
                  limiting, or, if not corrected, will probably result in materially limiting an individual's activities or
                  functioning.
                      (4) "DRS" means the Division of Rehabilitation Services.
                      (5) "DSBVI" means the Division of Services for the Blind and Visually Impaired.
                      (6) "DSDHH" means the Division of Services to the Deaf and Hard of Hearing.
                      (7) "Eligible individual" means an individual determined to be eligible to receive services
                  under laws or rules governing eligibility for the program in question.
                      (8) "Executive director" means the executive director of the Utah State Office of
                  Rehabilitation.
                      (9) "Independent living rehabilitation services" means goods and services reasonably
                  necessary to enable an individual with a severe disability to maintain or increase functional
                  independence.
                      (10) "Office" means the Utah State Office of Rehabilitation.
                      (11) "Vocational rehabilitation services" means goods and services reasonably necessary to
                  enable an individual with a disability to obtain and retain employment.
                      Section 9. Section 53A-24-103 is amended to read:
                       53A-24-103. Creation -- Responsibilities.
                      (1) There is [hereby] created the Utah State Office of Rehabilitation under the policy
                  direction of the State Board [for Applied Technology] of Education and under the direction and
                  general supervision of the [executive officer of the board] superintendent of public instruction.
                      (2) The board is the sole state agency designated to administer the state plans for vocational
                  rehabilitation and independent living rehabilitation programs.

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                      (3) The office is the state unit designated to carry out the state plans and other duties
                  assigned by law or the board.
                      Section 10. Section 53B-1-101.5 is enacted to read:
                      53B-1-101.5. Definitions.
                      As used in this title:
                      (1) "Board" means the State Board of Regents established in Section 53B-1-103 .
                      (2) "Commissioner" means the commissioner of higher education appointed in accordance
                  with Section 53B-1-105 .
                      Section 11. Section 53B-1-102 is amended to read:
                       53B-1-102. State system of higher education.
                      (1) The state system of higher education consists of the following institutions:
                      (a) State Board of Regents;
                      (b) the University of Utah;
                      (c) Utah State University of Agricultural and Applied Science, hereafter referred to in this
                  title as Utah State University;
                      (d) Weber State University;
                      (e) Southern Utah University;
                      (f) Snow College;
                      (g) Dixie State College of Utah;
                      (h) the College of Eastern Utah;
                      (i) Utah Valley State College;
                      (j) Salt Lake Community College; [and]
                      (k) the Utah College of Applied Technology; and
                      [(k)] (l) other public post-high school educational institutions as the Legislature may
                  designate.
                      (2) A change in the name of an institution within the system of higher education shall not be
                  considered a change in the role or mission of the institution, unless otherwise authorized by the State
                  Board of Regents.

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                      (3) It is not the intent of the Legislature to increase the number of research universities in the
                  state beyond the University of Utah and Utah State University.
                      (4) These institutions are empowered to sue and be sued and to contract and be contracted
                  with.
                      Section 12. Section 53B-1-103 is amended to read:
                       53B-1-103. Establishment of State Board of Regents -- Powers and authority.
                      (1) There is established a State Board of Regents[, hereafter referred to in this title as the
                  "board."].
                      (2) (a) The board is vested with the control, management, and supervision of the institutions
                  of higher education designated in Section 53B-1-102 in a manner consistent with the policy and
                  purpose of this title and the specific powers and responsibilities granted to it.
                      (b) The board is vested with the following powers relating to the Utah College of Applied
                  Technology and its regional applied technology colleges:
                      (i) approving each competency-based associate of applied technology degree before allowing
                  an applied technology college to offer the degree;
                      (ii) making rules governing the transfer of applied technology education degrees awarded by
                  the Utah College of Applied Technology to other higher education institutions;
                      (iii) appointing the president for the Utah College of Applied Technology in accordance with
                  Section 53B-2a-102 ; and
                      (iv) facilitating and coordinating the operation of the Utah College of Applied Technology
                  within the system of higher education.
                      [(b) The] (c) Except for the Utah College of Applied Technology, the board may modify the
                  name of an institution under its control and management, as designated in Section 53B-1-102 , to
                  reflect the role and general course of study of the institution.
                      (3) The board is the State Postsecondary Review Entity for Utah for purposes of Title IV,
                  Part H, of the federal Higher Education Act of 1965, as amended by the Higher Education Act
                  Amendments of 1992.
                      (4) This section does not affect the power and authority vested in the State Board [for

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                  Applied Technology] of Education to apply for, accept, and manage federal appropriations for the
                  establishment and maintenance of applied technology education.
                      Section 13. Section 53B-1-104 is amended to read:
                       53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath -- Officers
                  -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
                      (1) (a) The board [consists] shall consist of [16 resident citizens] 18 residents of the state.
                      (b) (i) Fifteen members [are] shall be appointed by the governor with the consent of the
                  Senate.
                      (ii) (A) One additional member [is] shall be appointed by the governor from nominations of
                  the student body presidents council.
                      (B) The council [nominates] shall nominate three qualified, matriculated students enrolled
                  in the state institutions of higher education.
                      (C) Student body presidents are not eligible for nomination.
                      (iii) Other than the student appointee, not more than eight members appointed by the
                  governor shall, at any time, be from one political party.
                      (iv) In making appointments to the board, [persons are selected] the governor shall select:
                      (A) individuals from the state at large with due consideration for geographical
                  representation[.]; and
                      (B) at least three individuals with personal experience in applied technology education, which
                  could include service on a regional applied technology college regional board.
                      (c) (i) In addition to the members designated under Subsection (1)(b), two members of the
                  State Board of Education, appointed by the chair of the State Board of Education, shall serve as
                  nonvoting members of the board.
                      (ii) A nonvoting member shall continue to serve as a member without a set term until the
                  member is replaced by the chair of the State Board of Education.
                      (2) (a) Five members of the board, other than the student member[, are] and the State Board
                  of Education members, shall be appointed during each odd-numbered year to six-year staggered terms
                  which commence on July 1 of the year of appointment.

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                      (b) (i) The student member [is] shall be appointed for a one-year term and may be
                  reappointed for one additional term.
                      (ii) The student member has full voting rights [but does not] and may vote on selection of a
                  board [chairman] chair or vice[-chairman] chair, [or] but not serve in either office.
                      (c) Board members shall hold office until their successors have been appointed and qualified.
                      (3) (a) Each member of the board [takes] shall take the official oath of office before entering
                  upon the duties of office.
                      (b) The oath [is] shall be filed with the Division of Archives and Records Services.
                      (4) The board [elects] shall elect a [chairman] chair and vice[-chairman] chair from its
                  members who shall serve terms of two years and until their successors are chosen and qualified.
                      (5) (a) The board [appoints] shall appoint a secretary from the staff of its chief executive
                  [officer] to serve at its [pleasure] discretion.
                      (b) The secretary [is] shall be a full-time employee [and] who receives a salary set by the
                  board.
                      (c) The secretary [records] shall record and [maintains] maintain a record of all board
                  meetings and [performs] perform other duties as the board directs.
                      (6) The board [appoints] shall appoint a treasurer who serves at the [pleasure] discretion of
                  the board.
                      (7) (a) The board may establish advisory committees.
                      (b) The powers and authority of the board are nondelegable, except as specifically provided
                  for in this title.
                      (c) All matters requiring board determination shall be addressed in a properly convened
                  meeting of the board or its executive committee.
                      (8) The board shall enact bylaws for its own government not inconsistent with the
                  constitution or the laws of this state.
                      (9) (a) The board [meets] shall meet regularly upon its own determination.
                      (b) The board may also [meets] meet, in full or executive session, at the request of its
                  [chairman] chair, its executive officer, or five members of the board.

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                      (10) A quorum of the voting members of the board is required to conduct its business and
                  consists of nine members.
                      (11) (a) A vacancy in the board occurring before the expiration of a voting member's full term
                  shall be immediately filled by appointment by the governor.
                      (b) The appointee serves for the remainder of the unexpired term, subject to confirmation by
                  the Senate at its next session.
                      (12) (a) Each member of the board [receives] shall receive a per diem as provided by law as
                  compensation for services for attending meetings of the board.
                      (b) Each member [is] shall also be paid actual expenses incurred for attending meetings of
                  the board or its committees or for attending to any business of the institutions under the direction of
                  the board or authority of the board or its committees.
                      Section 14. Section 53B-2-104 is amended to read:
                       53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath -- Officers
                  -- Bylaws -- Quorum -- Committees -- Compensation.
                      (1) (a) The board of trustees of an institution of higher education consists of the following:
                      [(a)] (i) eight persons appointed by the governor and approved by the Senate; and
                      [(b)] (ii) two ex officio members who are the president of the institution's alumni association,
                  and the president of the associated students of the institution.
                      (b) The appointed members of the boards of trustees for Utah Valley State College and Salt
                  Lake Community College shall be representative of the interests of business, industry, and labor.
                      (2) (a) The governor shall appoint four members of each board of trustees during each
                  odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
                      (b) An appointed member holds office until a successor is appointed and qualified.
                      (c) The ex officio members serve for the same period as they serve as presidents and until
                  their successors have qualified.
                      (3) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term.
                      (4) (a) Each member shall take the official oath of office prior to assuming the office.

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                      (b) The oath [is] shall be filed with the Division of Archives and Records Services.
                      (5) Each board of trustees shall elect a chair and vice chair, who serve for two years and until
                  their successors are elected and qualified.
                      (6) (a) Each board of trustees may enact bylaws for its own government, including provision
                  for regular meetings.
                      (b) (i) The board of trustees may provide for an executive committee in its bylaws.
                      (ii) If established, the committee shall have full authority of the board of trustees to act upon
                  routine matters during the interim between board of trustees meetings.
                      (iii) The committee may act on nonroutine matters only under extraordinary and emergency
                  circumstances.
                      (iv) The committee shall report its activities to the board of trustees at its next regular
                  meeting following the action.
                      (c) Copies of the board of trustees' bylaws [are] shall be filed with the board.
                      (7) A quorum is required to conduct business and consists of six members.
                      (8) A board of trustees may establish advisory committees.
                      (9) (a) (i) Members who are not government employees shall receive no compensation or
                  benefits for their services, but may receive per diem and expenses incurred in the performance of the
                  member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
                  and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) (i) State government officer and employee members who do not receive salary, per diem,
                  or expenses from their agency for their service may receive per diem and expenses incurred in the
                  performance of their official duties from the board at the rates established by the Division of Finance
                  under Sections 63A-3-106 and 63A-3-107 .
                      (ii) State government officer and employee members may decline to receive per diem and
                  expenses for their service.
                      (c) (i) Higher education members who do not receive salary, per diem, or expenses from the
                  entity that they represent for their service may receive per diem and expenses incurred in the

- 17 -


                  performance of their official duties from the committee at the rates established by the Division of
                  Finance under Sections 63A-3-106 and 63A-3-107 .
                      (ii) Higher education members may decline to receive per diem and expenses for their service.
                      (10) This section does not apply to the Utah College of Applied Technology.
                      Section 15. Section 53B-2-106 is amended to read:
                       53B-2-106. Duties and responsibilities of the president of each institution -- Approval
                  by board of trustees.
                      (1) The president of each institution may exercise grants of power and authority as delegated
                  by the board, as well as the necessary and proper exercise of powers and authority not specifically
                  denied to the institution, its administration, faculty, or students by the board or by law, to assure the
                  effective and efficient administration and operation of the institution consistent with the statewide
                  master plan for higher education.
                      (2) Except as provided by the board, the president of each institution, with the approval of
                  the institution's board of trustees may:
                      (a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members, and
                  other professional personnel, prescribe their duties, and determine their salaries;
                      (ii) appoint support personnel, prescribe their duties, and determine their salaries from the
                  institution's position classification plan, which may:
                      (A) be based upon similarity of duties and responsibilities within the institution; and
                      (B) as funds permit, provide salary and benefits comparable with private enterprise;
                      (iii) adopt policies for:
                      (A) employee sick leave use and accrual; and
                      (B) service recognition for employees with more than 15 years of employment with the
                  institution;
                      (iv) subject to the authority of, policy established by, and the approval of the board of
                  regents, and recognizing the status of the institutions within the state system of higher education as
                  bodies politic and corporate, appoint attorneys to provide legal advice to the institution's
                  administration and to coordinate legal affairs within the institution. The board of regents shall

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                  coordinate activities of attorneys at the institutions of higher education. The institutions shall provide
                  an annual report to the board of regents on the activities of appointed attorneys. These appointed
                  attorneys may not conduct litigation, settle claims covered by the State Risk Management Fund, or
                  issue formal legal opinions but shall, in all respects, cooperate with the Office of the Attorney General
                  in providing legal representation to the institution;
                      (b) provide for the constitution, government, and organization of the faculty and
                  administration, and enact implementing rules, including the establishment of a prescribed system of
                  tenure;
                      (c) authorize the faculty to determine the general initiation and direction of instruction and
                  of the examination, admission, and classification of students. In recognition of the diverse nature and
                  traditions of the various institutions governed by the board, the systems of faculty government need
                  not be identical but should be designed to further faculty identification with and involvement in the
                  institution's pursuit of achievement and excellence and in fulfillment of the institution's role as
                  established in the statewide master plan for higher education; and
                      (d) enact rules for administration and operation of the institution which are consistent with
                  the prescribed role established by the board, rules enacted by the board, or the laws of the state. The
                  rules may provide for administrative, faculty, student, and joint committees with jurisdiction over
                  specified institutional matters, for student government and student affairs organization, for the
                  establishment of institutional standards in furtherance of the ideals of higher education fostered and
                  subscribed to by the institution, its administration, faculty, and students, and for the holding of classes
                  on legal holidays, other than Sunday.
                      (3) Compensation costs and related office expenses for appointed attorneys shall be funded
                  within existing budgets.
                      (4) The State Board of Regents shall establish guidelines relating to the roles and
                  relationships between institutional presidents and boards of trustees, including those matters which
                  must be approved by a board of trustees before implementation by the president.
                      (5) This section does not apply to the Utah College of Applied Technology.
                      Section 16. Section 53B-2a-101 is enacted to read:

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CHAPTER 2a. UTAH COLLEGE OF APPLIED TECHNOLOGY

                      53B-2a-101. Definitions.
                      As used in this chapter:
                      (1) "Applied technology education" means open-entry, open-exit, competency-based
                  education. "Applied technology education" may include approved programs that are not open-entry,
                  open-exit, competency-based education only for secondary students.
                      (2) "Board of trustees" means the Utah College of Applied Technology Board of Trustees.
                      (3) "Competency-based" means mastery of subject matter as demonstrated through approved
                  standards and assessments rather than credit hours.
                      Section 17. Section 53B-2a-102 is enacted to read:
                      53B-2a-102. President -- Appointment -- Duties.
                      (1) (a) The board shall appoint a president for the Utah College of Applied Technology.
                      (b) The president of the Utah College of Applied Technology does not need to have a
                  doctorate degree, but shall have extensive experience in applied technology education.
                      (c) The president shall serve at the board's discretion and at the salary the board determines.
                      (d) As president of the Utah College of Applied Technology, the president is also an associate
                  commissioner of higher education.
                      (e) The names of the final candidates for president of the Utah College of Applied
                  Technology shall be publicly disclosed.
                      (2) The president shall:
                      (a) coordinate the activities of each regional applied technology college;
                      (b) in cooperation with the board of trustees and with the approval of the board, develop a
                  competency-based associate of applied technology degree;
                      (c) ensure that an applied technology education degree is transferable to other higher
                  education institutions in accordance with board rules;
                      (d) in consultation with the board of trustees, applied technology college regional presidents,
                  and applied technology college regional boards, prepare a comprehensive strategic plan for delivering
                  applied technology education through the regional applied technology colleges;

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                      (e) after consulting with local school districts and other higher education institutions in the
                  regions, ensure that the curricula of the regional applied technology colleges meet the needs of the
                  state, the regions, and the local school districts;
                      (f) in consultation with the board of trustees, applied technology college regional presidents,
                  and applied technology college regional boards, and after consulting with local school districts and
                  other higher education institutions in the region, develop strategies for providing applied technology
                  education in rural areas, specifically considering the distances between rural applied technology
                  education providers;
                      (g) establish minimum standards for applied technology programs of the regional applied
                  technology colleges;
                      (h) in conjunction with the board of trustees, develop and implement a system of common
                  definitions, standards, and criteria for tracking and measuring the effectiveness of applied technology
                  education;
                      (i) in conjunction with the board of trustees, develop and implement a plan to inform citizens
                  about the availability, cost, and advantages of applied technology education; and
                      (j) after consulting with the State Board of Education and local school districts, ensure that
                  secondary students in the public education system have access to applied technology education in
                  applied technology colleges.
                      Section 18. Section 53B-2a-103 is enacted to read:
                      53B-2a-103. Utah College of Applied Technology Board of Trustees -- Membership --
                  Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.
                      (1) There is created the Utah College of Applied Technology Board of Trustees, composed
                  of the following members:
                      (a) two members of the State Board of Education appointed by the governor with the consent
                  of the Senate;
                      (b) two members of the State Board of Regents appointed by the governor with the consent
                  of the Senate;
                      (c) one member representing business and industry from the regional board of each regional

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                  applied technology college appointed by a majority vote of the business and industry members of the
                  regional board; and
                      (d) one business or industry representative appointed by the governor with the consent of the
                  Senate from nominations submitted by the speaker of the House of Representatives and president of
                  the Senate.
                      (2) (a) Except as provided in Subsection (b), the members of the board of trustees shall be
                  appointed commencing on September 1 of the year of appointment to:
                      (i) two-year terms for the members described in Subsections (1)(a) and (b); and
                      (ii) four-year terms for the members described in Subsections (1)(c) and (d).
                      (b) At the first meeting of the board:
                      (i) the members described in Subsections (1)(c) and (d) shall divide up their positions so that
                  approximately half of them serve for initial two-year terms; and
                      (ii) the members described in Subsections (1)(a) and (b) shall divide up their positions so that
                  approximately half of them serve for initial one-year terms.
                      (c) An appointed member holds office until a successor is appointed and qualified.
                      (3) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term.
                      (4) (a) Each member shall take the official oath of office prior to assuming the office.
                      (b) The oath shall be filed with the Division of Archives and Records Services.
                      (5) The board of trustees shall elect a chair and vice chair, who serve for two years and until
                  their successors are elected and qualified.
                      (6) (a) The board of trustees may enact bylaws for its own government, including provision
                  for regular meetings.
                      (b) (i) The board of trustees may provide for an executive committee in its bylaws.
                      (ii) If established, the committee shall have full authority of the board of trustees to act upon
                  routine matters during the interim between board of trustees meetings.
                      (iii) The committee may act on nonroutine matters only under extraordinary and emergency
                  circumstances.

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                      (iv) The committee shall report its activities to the board of trustees at its next regular
                  meeting following the action.
                      (c) Copies of the board of trustees' bylaws shall be filed with the board.
                      (7) A quorum shall be required to conduct business which shall consist of a majority of board
                  of trustee members.
                      (8) The board of trustees may establish advisory committees.
                      (9) (a) (i) Members who are not government employees shall receive no compensation or
                  benefits for their services, but may receive per diem and expenses incurred in the performance of the
                  member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
                  and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) (i) State government officer and employee members who do not receive salary, per diem,
                  or expenses from their agency for their service may receive per diem and expenses incurred in the
                  performance of their official duties from the board at the rates established by the Division of Finance
                  under Sections 63A-3-106 and 63A-3-107 .
                      (ii) State government officer and employee members may decline to receive per diem and
                  expenses for their service.
                      (c) (i) Higher education members who do not receive salary, per diem, or expenses from the
                  entity that they represent for their service may receive per diem and expenses incurred in the
                  performance of their official duties from the committee at the rates established by the Division of
                  Finance under Sections 63A-3-106 and 63A-3-107 .
                      (ii) Higher education members may decline to receive per diem and expenses for their service.
                      Section 19. Section 53B-2a-104 is enacted to read:
                      53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers and
                  duties.
                      The Utah College of Applied Technology Board of Trustees shall:
                      (1) in cooperation with the president of the Utah College of Applied Technology, and with
                  the approval of the State Board of Regents, develop a competency-based associate of applied

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                  technology degree to be offered by the regional applied technology colleges;
                      (2) ensure that an applied technology education degree is transferable to other higher
                  education institutions in accordance with State Board of Regents rules;
                      (3) ensure that the regional applied technology colleges within the Utah College of Applied
                  Technology comply with the requirements in Section 53B-2a-106 ;
                      (4) advise the president of the Utah College of Applied Technology and the State Board of
                  Regents on issues related to applied technology education;
                      (5) receive budget requests from each regional applied technology college, prioritize the
                  requests, and submit the prioritized requests to:
                      (a) the Legislature; and
                      (b) the Governor's Office of Planning and Budget;
                      (6) receive funding requests pertaining to capital facilities and land purchases from each
                  regional applied technology college, ensure that the requests comply with Section 53B-2a-112 ,
                  prioritize the requests, and submit the prioritized requests to the State Building Board;
                      (7) prepare and submit an annual report detailing its progress and recommendations on
                  applied technology education issues to the governor and to the Legislature's Education Interim
                  Committee by October 31 of each year, which shall include information detailing:
                      (a) how the applied technology education needs of secondary students are being met; and
                      (b) what access secondary students have to programs offered at applied technology colleges;
                  and
                      (8) perform other duties and responsibilities as delegated by the State Board of Regents.
                      Section 20. Section 53B-2a-105 is enacted to read:
                      53B-2a-105. Utah College of Applied Technology -- Composition.
                      The Utah College of Applied Technology is composed of the following regional applied
                  technology colleges:
                      (1) the Bridgerland Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Box Elder School District;

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                      (ii) the Cache School District;
                      (iii) the Logan School District; and
                      (iv) the Rich School District; and
                      (b) includes the facilities, equipment, and personnel of the Bridgerland Applied Technology
                  Center;
                      (2) the Ogden-Weber Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Ogden City School District; and
                      (ii) the Weber School District; and
                      (b) includes the facilities, equipment, and personnel of the Ogden-Weber Applied Technology
                  Center;
                      (3) the Davis Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Davis School District; and
                      (ii) the Morgan School District; and
                      (b) includes the facilities, equipment, and personnel of the Davis Applied Technology Center;
                      (4) the Salt Lake/Tooele Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Salt Lake City School District;
                      (ii) the Granite School District;
                      (iii) the Jordan School District;
                      (iv) the Murray School District; and
                      (v) the Tooele School District; and
                      (b) includes the facilities, equipment, and personnel of the Wasatch Front South Applied
                  Technology Center;
                      (5) the Mountainlands Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Alpine School District;

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                      (ii) the Nebo School District;
                      (iii) the Provo School District;
                      (iv) the South Summit School District;
                      (v) the North Summit School District;
                      (vi) the Wasatch School District; and
                      (vii) the Park City School District; and
                      (b) includes the facilities, equipment, and personnel of the Mountainlands Applied
                  Technology Center Service Region;
                      (6) the Uintah Basin Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Daggett School District;
                      (ii) the Duchesne School District; and
                      (iii) the Uintah School District; and
                      (b) includes the existing facilities, equipment, and personnel of the Uintah Basin Applied
                  Technology Center;
                      (7) the Central Applied Technology College which serves the geographic area encompassing:
                      (a) the Juab School District;
                      (b) the Millard School District;
                      (c) the Tintic School District;
                      (d) the North Sanpete School District;
                      (e) the South Sanpete School District;
                      (f) the Wayne School District;
                      (g) the Piute School District; and
                      (h) the Sevier School District;
                      (8) the Southwest Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Beaver School District;
                      (ii) the Garfield School District;

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                      (iii) the Iron School District; and
                      (iv) the Kane School District; and
                      (b) includes the facilities, equipment, and personnel of the Southwest Applied Technology
                  Education Center Service Region;
                      (9) the Dixie Applied Technology College which serves the geographic area encompassing
                  the Washington School District; and
                      (10) the Southeast Applied Technology College which:
                      (a) serves the geographic area encompassing:
                      (i) the Carbon School District;
                      (ii) the Emery School District;
                      (iii) the Grand School District; and
                      (iv) the San Juan School District; and
                      (b) includes the facilities, equipment, and personnel of the Southeast Applied Technology
                  Center Service Region.
                      Section 21. Section 53B-2a-106 is enacted to read:
                      53B-2a-106. Regional applied technology colleges -- Duties.
                      (1) Each regional applied technology college shall:
                      (a) offer a post-secondary and extra-secondary applied technology education curriculum;
                      (b) offer that curriculum at low cost to adult students and at no cost to secondary students
                  within the college's jurisdiction;
                      (c) provide applied technology education that will result in:
                      (i) appropriate licensing, certification, or other evidence of completion of training; and
                      (ii) qualification for specific employment in business and industry;
                      (d) offer competency-based associate of applied technology degrees approved by the State
                  Board of Regents in accordance with Section 53B-1-103 ;
                      (e) develop cooperative agreements with local school districts, other higher education
                  institutions, businesses, industries, and community and private agencies to maximize the availability
                  of instructional facilities; and

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                      (f) after consulting with local school districts within the geographic area served by the
                  regional applied technology college:
                      (i) ensure that secondary students in the public education system have access to applied
                  technology education in the regional applied technology college; and
                      (ii) prepare and submit an annual report to the Utah College of Applied Technology detailing:
                      (A) how the applied technology education needs of secondary students within the region are
                  being met; and
                      (B) what access secondary students within the region have to programs offered at applied
                  technology colleges.
                      (2) A regional applied technology college may offer a competency-based high school diploma
                  equivalent approved by the State Board of Education in accordance with Section 53A-1-402 .
                      (3) A regional applied technology college may not:
                      (a) offer courses other than applied technology education;
                      (b) offer a degree other than a competency-based associate of applied technology degree
                  approved by the State Board of Regents in accordance with Section 53B-1-103 ;
                      (c) provide tenure or academic rank for its instructors; and
                      (d) participate in intercollegiate athletics.
                      (4) The mission of a regional applied technology college is limited to applied technology
                  education and may not expand to include credit-based academic programs typically offered by
                  community colleges or other institutions of higher education.
                      Section 22. Section 53B-2a-107 is enacted to read:
                      53B-2a-107. Regional presidents -- Appointments -- Duties.
                      (1) The president of the Utah College of Applied Technology shall appoint a regional
                  president for each regional applied technology college from a list of at least three names submitted
                  to the president by the regional board to serve as the chief executive officer of the regional applied
                  technology college.
                      (2) Each regional president of a regional applied technology college shall:
                      (a) serve as the executive officer of the regional board;

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                      (b) administer the day-to-day operations of the regional applied technology college under the
                  direction of the regional board; and
                      (c) administer human resource policies and employee compensation plans.
                      Section 23. Section 53B-2a-108 is enacted to read:
                      53B-2a-108. Applied technology college regional boards -- Membership --
                  Appointments.
                      Beginning September 1, 2001, each regional applied technology college shall have a regional
                  board appointed as follows:
                      (1) the Bridgerland Applied Technology College Regional Board shall be composed of the
                  following 13 members:
                      (a) one elected local school board member appointed by the board of education for the Box
                  Elder School District;
                      (b) one elected local school board member appointed by the board of education for the Cache
                  School District;
                      (c) one elected local school board member appointed by the board of education for the Logan
                  School District;
                      (d) one elected local school board member appointed by the board of education for the Rich
                  School District;
                      (e) one member of the Utah State University board of trustees;
                      (f) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (g) seven representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (1)(a) through (f);
                      (2) the Ogden-Weber Applied Technology College Regional Board shall be composed of the
                  following 11 members:
                      (a) one elected local school board member appointed by the board of education for the Ogden
                  City School District;
                      (b) one elected local school board member appointed by the board of education for the                   Weber

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                  School District;
                      (c) one elected local school board member jointly appointed by the boards of education for
                  the Ogden City School District and the Weber School District;
                      (d) one member of the Weber State University board of trustees;
                      (e) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (f) six representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (2)(a) through (e);
                      (3) the Davis Applied Technology College Regional Board shall be composed of the
                  following 11 members:
                      (a) one elected local school board member appointed by the board of education for the Davis
                  School District;
                      (b) one elected local school board member appointed by the board of education for the
                  Morgan School District;
                      (c) one elected local school board member jointly appointed by the boards of education for
                  the Davis School District and the Morgan School District;
                      (d) one member of the Weber State University board of trustees;
                      (e) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (f) six representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (3)(a) through (e);
                      (4) the Salt Lake/Tooele Applied Technology College Regional Board shall be composed of
                  the following 15 members:
                      (a) one elected local school board member appointed by the board of education for the Salt
                  Lake City School District;
                      (b) one elected local school board member appointed by the board of education for the
                  Granite School District;
                      (c) one elected local school board member appointed by the board of education for the                   Jordan

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                  School District;
                      (d) one elected local school board member appointed by the board of education for the
                  Murray School District;
                      (e) one elected local school board member appointed by the board of education for the
                  Tooele School District;
                      (f) one member of the Salt Lake Community College board of trustees;
                      (g) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (h) eight representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (4)(a) through (g);
                      (5) the Mountainlands Applied Technology College Regional Board shall be composed of
                  the following 19 members:
                      (a) one elected local school board member appointed by the board of education for the Alpine
                  School District;
                      (b) one elected local school board member appointed by the board of education for the Nebo
                  School District;
                      (c) one elected local school board member appointed by the board of education for the Provo
                  School District;
                      (d) one elected local school board member appointed by the board of education for the South
                  Summit School District;
                      (e) one elected local school board member appointed by the board of education for the North
                  Summit School District;
                      (f) one elected local school board member appointed by the board of education for the
                  Wasatch School District;
                      (g) one elected local school board member appointed by the board of education for the Park
                  City School District;
                      (h) one member of the Utah Valley State College board of trustees;
                      (i) one member of the State Board of Regents designated by the chair of the State Board of

- 31 -


                  Regents to serve a one-year term; and
                      (j) ten representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (5)(a) through (i);
                      (6) the Uintah Basin Applied Technology College Regional Board shall be composed of the
                  following 11 members:
                      (a) one elected local school board member appointed by the board of education for the
                  Daggett School District;
                      (b) one elected local school board member appointed by the board of education for the
                  Duchesne School District;
                      (c) one elected local school board member appointed by the board of education for the                   Uintah
                  School District;
                      (d) one member of the Utah State University board of trustees;
                      (e) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (f) six representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (6)(a) through (d);
                      (7) the Central Applied Technology College Regional Board shall be composed of the
                  following 21 members:
                      (a) one elected local school board member appointed by the board of education for the Juab
                  School District;
                      (b) one elected local school board member appointed by the board of education for the
                  Millard School District;
                      (c) one elected local school board member appointed by the board of education for the Tintic
                  School District;
                      (d) one elected local school board member appointed by the board of education for the North
                  Sanpete School District;
                      (e) one elected local school board member appointed by the board of education for the South
                  Sanpete School District;

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                      (f) one elected local school board member appointed by the board of education for the Wayne
                  School District;
                      (g) one elected local school board member appointed by the board of education for the Piute
                  School District;
                      (h) one elected local school board member appointed by the board of education for the Sevier
                  School District;
                      (i) one member of the Snow College board of trustees;
                      (j) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (k) 11 representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (7)(a) through (j);
                      (8) the Southwest Applied Technology College Regional Board shall be composed of the
                  following 13 members:
                      (a) one elected local school board member appointed by the board of education for the
                  Beaver School District;
                      (b) one elected local school board member appointed by the board of education for the
                  Garfield School District;
                      (c) one elected local school board member appointed by the board of education for the Iron
                  School District;
                      (d) one elected local school board member appointed by the board of education for the Kane
                  School District;
                      (e) one member of the Southern Utah University board of trustees;
                      (f) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (g) seven representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (8)(a) through (f);
                      (9) the Dixie Applied Technology College Regional Board shall be composed of the
                  following 11 members:

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                      (a) three elected local school board members appointed by the board of education for the
                  Washington School District;
                      (b) one member of the Dixie State College of Utah board of trustees;
                      (c) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (d) six representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (9)(a) through (c);
                      (10) the Southeast Applied Technology College Regional Board shall be composed of the
                  following 13 members:
                      (a) one elected local school board member appointed by the board of education for the
                  Carbon School District;
                      (b) one elected local school board member appointed by the board of education for the Emery
                  School District;
                      (c) one elected local school board member appointed by the board of education for the Grand
                  School District;
                      (d) one elected local school board member appointed by the board of education for the San
                  Juan School District;
                      (e) one member of the College of Eastern Utah board of trustees;
                      (f) one member of the State Board of Regents designated by the chair of the State Board of
                  Regents to serve a one-year term; and
                      (g) seven representatives of business or industry within the region appointed jointly by the
                  members appointed under Subsections (10)(a) through (f); and
                      (11) the representatives of business or industry shall be appointed jointly by the designated
                  members from a list of names provided by local organizations or associations whose members employ
                  workers with applied technology education.
                      Section 24. Section 53B-2a-109 is enacted to read:
                      53B-2a-109. Applied technology college regional boards -- Terms -- Quorum --                   Chair--
                  Compensation.

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                      (1) (a) At the first meeting of an applied technology college regional board after September
                  1, 2001:
                      (i) the representatives from the local school boards shall divide up their positions so that
                  approximately half of them serve for two-year terms and half serve for four-year terms; and
                      (ii) the representatives from business and industry shall divide up their positions so that
                  approximately half of them serve for two-year terms and half serve for four-year terms.
                      (b) Except as provided in Subsection (1)(a) and except for State Board of Regents members
                  who serve a one-year term, individuals appointed to the board shall serve four-year terms.
                      (2) The original appointing authority shall fill any vacancies that occur on the regional board.
                      (3) A majority of the regional board is a quorum.
                      (4) The regional board shall elect a chair from its membership.
                      (5) (a) (i) Members who are not government employees shall receive no compensation or
                  benefits for their services, but may receive per diem and expenses incurred in the performance of the
                  member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
                  and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) (i) Higher education members who do not receive salary, per diem, or expenses from the
                  entity that they represent for their service may receive per diem and expenses incurred in the
                  performance of their official duties from the regional board at the rates established by the Division
                  of Finance under Sections 63A-3-106 and 63A-3-107 .
                      (ii) Higher education members may decline to receive per diem and expenses for their service.
                      (c) (i) Members appointed by local school boards who do not receive salary, per diem, or
                  expenses from the entity that they represent for their service may receive per diem and expenses
                  incurred in the performance of their official duties from the regional board at the rates established by
                  the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
                      (ii) Local school board members may decline to receive per diem and expenses for their
                  service.
                      (6) (a) Each regional board may enact bylaws for its own government, including provision

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                  for regular meetings.
                      (b) (i) The regional board may provide for an executive committee in its bylaws.
                      (ii) If established, the committee shall have the full authority of the regional board to act upon
                  routine matters during the interim between regional board meetings.
                      (iii) The committee may act on nonroutine matters only under extraordinary and emergency
                  circumstances.
                      (iv) The committee shall report its activities to the regional board at its next regular meeting
                  following the action.
                      (7) A regional board may establish advisory committees.
                      Section 25. Section 53B-2a-110 is enacted to read:
                      53B-2a-110. Applied technology college regional board -- Powers and duties.
                      (1) Each applied technology college regional board shall:
                      (a) prepare and submit a budget request for its annual operations to the Utah College of
                  Applied Technology Board of Trustees;
                      (b) after consulting with the higher education institutions and local school districts within its
                  region, prepare a comprehensive strategic plan for delivering applied technology education within its
                  region;
                      (c) consult with business, industry, the Department of Workforce Services, and the
                  Governor's Office of Planning and Budget on an ongoing basis to determine what workers and skills
                  are needed for employment in Utah businesses and industries;
                      (d) develop programs based upon the information gathered in accordance with Subsection
                  (1)(c), including expedited program approval and termination procedures to meet market needs;
                      (e) adopt an annual budget and fund balances;
                      (f) develop policies for the operation of applied technology education facilities under its
                  jurisdiction;
                      (g) establish human resources and compensation policies for all employees;
                      (h) establish credentials for employees and define employee duties;
                      (i) conduct annual program evaluations;

- 36 -


                      (j) appoint program advisory committees and other advisory groups to provide counsel,
                  support, and recommendations for updating and improving the effectiveness of training programs and
                  services;
                      (k) approve regulations, both regular and emergency, to be issued and executed by the
                  regional president;
                      (l) coordinate with local school boards and districts to protect the applied technology
                  education needs of secondary students; and
                      (m) develop policies and procedures for the admission, classification, instruction, and
                  examination of students.
                      (2) In apportioning monies appropriated by the Legislature to the Central Applied
                  Technology College, the regional board of the Central Applied Technology College:
                      (a) may not, until June 30, 2006, diminish applied technology education services currently
                  being provided at Snow College South; and
                      (b) may direct that any new monies provided to the Central Applied Technology College go
                  first to funding underserved portions of the geographic area it serves.
                      (3) A regional board may not exercise any jurisdiction over applied technology education
                  provided by a local school district or provided by a higher education institution independently of a
                  regional applied technology college.
                      (4) If a program advisory committee or other advisory group submits a printed
                  recommendation to the regional board, the board shall acknowledge the recommendation with a
                  printed response that explains the board action regarding the recommendation and the reasons for the
                  action.
                      Section 26. Section 53B-2a-111 is enacted to read:
                      53B-2a-111. Consultation with boards of trustees.
                      (1) The board shall consult with the Utah College of Applied Technology Board of Trustees
                  or the president of the Utah College of Applied Technology or both before acting on matters
                  pertaining to the Utah College of Applied Technology.
                      (2) The board shall consult with an applied technology college regional board or the regional

- 37 -


                  president of an applied technology college or both before acting on matters pertaining to a regional
                  applied technology college.
                      (3) The board may:
                      (a) call meetings with the Utah College of Applied Technology Board of Trustees or one or
                  more of the applied technology college regional boards; and
                      (b) appoint committees to perform duties assigned by the board that include:
                      (i) (A) members of the Utah College of Applied Technology Board of Trustees; or
                      (B) administrators of the Utah College of Applied Technology; or
                      (ii) (A) members of one or more of the applied technology college regional boards; or
                      (B) administrators, faculty staff members, or students of one or more of the applied
                  technology colleges.
                      Section 27. Section 53B-2a-112 is enacted to read:
                      53B-2a-112. Regional applied technology colleges -- Relationships with other public
                  and higher education institutions -- Agreements -- Priorities -- New capital facilities.
                      (1) As used in this section,"higher education institution" means, for each regional applied
                  technology college, the higher education institution designated in Section 53B-2a-108 , except for the
                  State Board of Regents, to have a representative on its regional board.
                      (2) A regional applied technology college shall avoid any unnecessary duplication of applied
                  technology instructional facilities, programs, administration, and staff between the regional applied
                  technology college and other public and higher education institutions.
                      (3) A regional applied technology college may enter into agreements:
                      (a) with other higher education institutions to cultivate cooperative relationships;
                      (b) with other public and higher education institutions to enhance applied technology
                  education within its region; or
                      (c) to comply with Subsection (2).
                      (4) Before a regional applied technology college develops its own new instructional facilities,
                  it shall give priority to:
                      (a) maintaining its own existing instructional facilities for both secondary and adult students;

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                      (b) coordinating with the president of a higher education institution and entering into any
                  necessary agreements to provide applied technology education to both secondary and adult students
                  that:
                      (i) maintain and support existing higher education applied technology education programs;
                  and
                      (ii) maximize the use of existing higher education facilities; and
                      (c) developing cooperative agreements with local school districts, other higher education
                  institutions, businesses, industries, and community and private agencies to maximize the availability
                  of applied technology instructional facilities for both secondary and adult students.
                      (5) (a) Before submitting a funding request pertaining to new capital facilities and land
                  purchases to the Utah College of Applied Technology, a regional applied technology college shall:
                      (i) ensure that all available instructional facilities are maximized in accordance with
                  Subsections (4)(a) through (c); and
                      (ii) coordinate the request with the president of a higher education institution, if applicable.
                      (b) The State Building Board shall make a finding that the requirements of this section are
                  met before it may consider a funding request of the Utah College of Applied Technology pertaining
                  to new capital facilities and land purchases.
                      (c) A regional applied technology college may not construct, approve the construction of,
                  plan for the design or construction of, or consent to the construction of an applied technology
                  education facility without approval of the Legislature.
                      (6) Before acquiring new fiscal and administrative support structures, a regional applied
                  technology college shall:
                      (a) review the use of existing public or higher education administrative and accounting
                  systems, financial record systems, and student and financial aid systems for the delivery of applied
                  technology education in the region;
                      (b) determine whether it is feasible to use those existing systems; and
                      (c) with the approval of the regional board, use those existing systems.
                      (7) (a) The higher education institution for the region shall have the first opportunity to offer

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                  the general education courses that are required for an associate of applied technology degree offered
                  by a regional applied technology college, at the applied technology college site.
                      (b) The general education courses described in Subsection (7)(a) shall be defined by the
                  higher education institution for the region.
                      (c) If the higher education institution for the region is unable to offer the courses described
                  in Subsection (7)(a), other institutions of higher education may offer those courses.
                      (d) The regional applied technology colleges shall be responsible to provide technical skills
                  training and basic skills as required by business and industry towards an associate of applied
                  technology degree.
                      Section 28. Section 53B-6-101 is amended to read:
                       53B-6-101. Additional responsibilities of the board -- Studies and evaluations --
                  Master plan for higher education -- Productivity -- Institutional student assessment -- Biennial
                  accountability report to the Legislature.
                      (1) The board shall conduct continuing studies and evaluations of the facilities, grounds,
                  buildings, and equipment at the higher education institutions under its jurisdiction and use space
                  utilization and other studies conducted by the State Building Board.
                      (2) The board shall establish and maintain an up-to-date master plan which shall include:
                      (a) providing for statewide planning of public higher education in terms of aims, purposes,
                  and objectives of the system as a whole;
                      (b) establishing and defining the role and programs of each institution within the system;
                      (c) establishing criteria for and determination of the future needs and requirements for new
                  programs and new institutions and the elimination, curtailment, or consolidation of existing programs
                  and facilities;
                      (d) providing for the initiation and financing of projects as considered necessary to meet and
                  satisfy the projected patterns of growth and maintenance;
                      (e) establishing criteria for and determination of the operating and capital budgetary needs
                  of each institution and the system as a whole;
                      (f) recommending the methods and sources of future financial support of the higher education

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                  system;
                      (g) establishing procedures for the development of maximum utilization of existing facilities
                  as suggested by space utilization studies conducted by the State Building Board; and
                      (h) securing an adequate and coordinated program for the community colleges and applied
                  technology/technical programs in the institutions and departments in the state system of higher
                  education.
                      (3) (a) The board may do all things necessary for the effective implementation of the
                  statewide master plan as adopted and revised by the board from time to time.
                      (b) The State Board [for Applied Technology] of Education and the Utah College of Applied
                  Technology shall provide applied technology education staff assistance to the State Board of Regents
                  in support of master planning activities related to applied technology education in higher education.
                      (4) (a) The board shall adopt rules and initiate programs to promote and increase productivity
                  in the state system of higher education.
                      (b) The board shall require each college and university in the system to establish multiple
                  measures of institutional and student assessment in order to improve student instruction, academic
                  programs, and learning opportunities.
                      (c) The board shall submit a biennial accountability report to the Legislature, which shall
                  include such factors as:
                      (i) space utilization, faculty productivity, and other similar measures of the management of
                  institutional resources at each institution; and
                      (ii) student assessment at entry to each institution, at critical midway points, and at exit.
                      (d) The board shall establish a systemwide committee to address assessment and
                  accountability issues and propose essential elements to be included in the biennial report.
                      Section 29. Section 53B-8-105 is amended to read:
                       53B-8-105. Scholarships for high school students who complete the requirements for
                  an associate degree in high school.
                      (1) In addition to Centennial Scholarships awarded under Section 53A-15-102 and Career
                  Teaching Scholarships awarded under Title 53B, Chapter 10, Terrill H. Bell Teaching Incentive Loan

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                  Program, the State Board of Regents and the State Board of Education shall jointly award New
                  Century scholarships to students in Utah schools who complete the requirements for an associate
                  degree by September 1 of the year they qualify to graduate from high school.
                      (2) (a) The scholarship may be used at any higher education institution in the state accredited
                  by the Northwest Association of Schools and Colleges that offers baccalaureate programs.
                      (b) (i) If used at an institution within the state system of higher education, the scholarship is
                  equal in value to 75% of the tuition costs at the selected institution.
                      (ii) If used at an institution not within the state system of higher education, the scholarship
                  is equal in value to 75% of the tuition costs at the institution, not to exceed 75% of the average
                  tuition costs at the institutions referred in Subsection (2)(b)(i).
                      (c) Each scholarship is valid for up to two years of full-time equivalent enrollment, or until
                  the requirements for a baccalaureate degree have been met, whichever is shorter.
                      (d) The State Board of Regents may grant a leave of absence to a scholarship holder, but the
                  scholarship must be used in its entirety within four years after completion of high school.
                      (3) The New Century scholarship may be canceled at any time by the institution of attendance
                  if the student fails to:
                      (a) maintain a "B average" for two consecutive semesters; or
                      (b) make reasonable progress towards the completion of a baccalaureate degree.
                      (4) (a) The Legislature shall make an annual appropriation from the General Fund to the State
                  Board of Regents for the costs associated with the New Century scholarship program authorized
                  under this section.
                      (b) It is understood that the appropriation is offset in part by the state moneys that would
                  otherwise be required and appropriated for these students if they were enrolled in a four-year
                  postsecondary program at a state-operated institution.
                      (5) This section does not apply to a student who completes an associate of applied
                  technology degree from the Utah College of Applied Technology.
                      Section 30. Section 53B-16-102 is amended to read:
                       53B-16-102. Changes in curriculum -- Substantial alterations in institutional

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                  operations -- Periodic review of programs -- Applied technology education curriculum changes.
                 
                      (1) Under procedures and policies approved by the board and developed in consultation with
                  each institution of higher education, each institution may make such changes in its curriculum as
                  necessary to better effectuate the institutional role previously approved by the board.
                      (2) Notice of a change in the curriculum shall in all cases be promptly submitted to the board.
                      (3) The board shall establish procedures and policies for considering institutional proposals
                  for substantial alterations in the scope of existing institutional operations.
                      (4) Alterations shall not be made without prior approval of the state board.
                      (5) For purposes of this section, "substantial alteration" means the establishment of a branch,
                  extension center, college, professional school, division, institute, department, or a new program in
                  instruction, research, or public services or a new degree, diploma, or certificate.
                      (6) The board shall conduct periodic reviews of all programs of instruction, research, and
                  public service at each institution, including those funded by gifts, grants, and contracts, and may
                  require the modification or termination of any program.
                      (7) Prior to requiring modification or termination of a program, the board shall give the
                  institution adequate opportunity for a hearing before the board.
                      (8) In making decisions related to applied technology curriculum changes, the board shall
                  request a review of the proposed changes by the State Board [for Applied Technology] of Education
                  to ensure an orderly and systematic applied technology education curriculum that eliminates overlap
                  and duplication of course work with the high schools and [applied technology centers] the Utah
                  College of Applied Technology.
                      Section 31. Section 53B-16-205 is amended to read:
                       53B-16-205. Establishment of Snow College South -- Supervision and administration
                  -- Transition -- Institutional mission.
                      (1) There is [hereby] established a [higher education institution] branch campus of Snow
                  College in Richfield, Utah, hereafter referred to as Snow College South.
                      (2) Snow College shall administer the [institution] branch campus under the general control

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                  and supervision of the State Board of Regents as an integrated part of Snow College's mission,
                  programs, and curriculum [to include Snow College South's mission, programs, and curriculum].
                      [(3) (a) In conjunction with the establishment of Snow College South, the facilities, staff, and
                  programs at the Sevier Valley Applied Technology Center in Richfield shall become a part of the state
                  system of higher education and the structure from which Snow College South shall begin its
                  operations.]
                      [(b) The State Board of Regents shall take the appropriate action required to assure the
                  successful transition of the applied technology center and its faculty and staff into the state system
                  of higher education, including, if necessary:]
                      [(i) creating and recording any conveyances needed for the transfer of property; and]
                      [(ii) providing procedures for assimilating the center's faculty into the rank and tenure
                  structure of Snow College.]
                      [(4)] (3) (a) Snow College [South] shall:
                      (i) maintain a strong curriculum in applied technology and technical courses of a general
                  nature at Snow College South which can be transferred to other institutions within the higher
                  education system, together with lower division courses of a general nature and courses required for
                  associate degrees in science, arts, and applied science[,]; and [shall]
                      (ii) work with local school districts in developing an aggressive concurrent enrollment
                  program in cooperation with Snow College South.
                      [(b) The institution may confer certificates of completion and degrees as determined by the
                  State Board of Regents within the parameters referred to in Subsection (4)(a).]
                      [(c)] (b) The institution shall [also] coordinate offerings of applied technology education with
                  the Central Applied Technology College to provide for open-entry[-], open-exit applied technology
                  education programs at Snow College South that emphasize short-term job training or retraining for
                  immediate placement in the job market.
                      [(d)] (c) [The institution] Snow College shall make provisions for students, including high
                  school students, to take classes at Snow College South for which college credit is not awarded,
                  together with appropriate fees for taking such classes.

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                      [(e)] (d) The [institution may request and receive a waiver from the] State Board of Regents
                  or the president of Snow College [of] may waive any board rule or institutional policy that would
                  prevent or inhibit Snow College South from achieving its performance goals, unless approval of the
                  request would conflict with state or federal law or put the institution out of compliance with matters
                  related to health, safety, civil rights, and insurance.
                      Section 32. Funding guidelines -- Cooperative agreements.
                      (1) In funding applied technology education, the Legislature shall:
                      (a) accept prioritized budget requests combining the budgets of all the regional applied
                  technology colleges from the Utah College of Applied Technology Board of Trustees and consider
                  those prioritized budget requests in its appropriation process independent of whatever
                  recommendations are made by the governor and the State Board of Regents; and
                      (b) appropriate all operating monies for each regional applied technology college directly to
                  each regional applied technology college under the heading " Utah Applied Technology Colleges" and
                  not to any other entity such as the State Board of Regents.
                      (2) The Legislature encourages the regional applied technology colleges to enter into the
                  cooperative agreements authorized in Subsection 53B-2a-112 (3) with institutions of higher education.
                      Section 33. Appropriation.
                      (1) Under the terms and conditions of Section 63-38-3, the following sums of money are
                  appropriated for the fiscal year beginning July 1, 2001 and ending June 30, 2002. This is in addition
                  to amounts appropriated by House Bill 1, 2001 General Session and Senate Bill 3, 2001 General
                  Session. Appropriations referenced below as provided in House Bill 1, 2001 General Session and
                  Senate Bill 3, 2001 General Session remain in effect until September 1, 2001, and any obligations
                  made from the appropriations referenced below in House Bill 1, 2001 General Session and Senate
                  Bill 3, 2001 General Session between July 1, 2001 and September 1, 2001 will reduce the amounts
                  appropriated below. In cases where a portion of the following sums has been obligated between July
                  1, 2001 and September 1, 2001, the unobligated balance of each of the debited line items shall
                  supercede the amounts indicated below in both the debited and corresponding credited items.

                  Item 1    To State Board of Applied Technology Education _ Public Education Applied

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                  Technology Center Service Regions

                      From Uniform School Fund
(1,947,000)

                      Schedule of Programs:
                          Mountainlands                        (771,200)
                          Southeast                            (226,100)
                          Southwest                            (949,700)
                          To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
                  Item 2    To Mountainlands Applied Technology College
                      From Income Tax
771,200

                      Schedule of Programs:
                          Mountainlands Applied Technology College         771,200
                          To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
                  Item 3    To Southeast Applied Technology College
                      From Income Tax
226,100

                      Schedule of Programs:
                          Southeast Applied Technology College            226,100
                          To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
                  Item 4    To Southwest Applied Technology College
                      From Income Tax
675,800

                      Schedule of Programs:
                          Southwest Applied Technology College            675,800
                          To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
                  Item 5    To Dixie Applied Technology College
                      From Income Tax
273,900

                      Schedule of Programs:
                          Dixie Applied Technology College                273,900
                          To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
                  Item 6    To State Board of Applied Technology Education _ Applied Technology Center/Applied

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                  Technology Center Service Region Development
                      From Uniform School Fund
(2,700,000)

                      Schedule of Programs:
                          ATC/ATCSR Development                    (2,700,000)
                          To transfer funds provided by Item 81, House Bill 1, 2001 General Session.
                  Item 7    To Utah College of Applied Technology _ Administration
                      From Income Tax
2,700,000

                      Schedule of Programs:
                          Development                            1,700,000
                          Equipment                            1,000,000
                          To transfer funds provided by Item 81, House Bill 1, 2001 General Session.
                  Item 8    To State Board of Applied Technology Education _ Custom Fit
                      From Uniform School Fund
(3,366,500)

                      From Beginning Nonlapsing Appropriation Balances
(112,100)

                      From Closing Nonlapsing Appropriation Balances
112,100

                      Schedule of Programs:
                          Custom Fit                            (3,366,500)
                          To transfer funds provided by Item 82, House Bill 1, 2001 General Session.
                  Item 9    To Utah College of Applied Technology - Administration
                      From Income Tax
3,366,500

                      From Beginning Nonlapsing Appropriation Balances
112,100

                      From Closing Nonlapsing Appropriation Balances
(112,100)

                      Schedule of Programs:
                          Custom Fit                            3,366,500
                          To transfer funds provided by Item 82, House Bill 1, 2001 General Session.
                  Item 10    To State Board of Applied Technology Education _ Higher Education Applied
                  Technology Center Service Regions
                      From General Fund
(1,221,500)


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                      From Income Tax
(56,100)

                      Schedule of Programs:
                          Applied Technology Center Service Regions        (1,277,600)
                          To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
                  Item 11    To Mountainlands Applied Technology College
                      From General Fund
417,600

                      Schedule of Programs:
                          Mountainlands Applied Technology College        417,600
                          To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
                  Item 12    To Southeast Applied Technology College
                      From General Fund
283,200

                      Schedule of Programs:
                          Southeast Applied Technology College            283,200
                          To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
                  Item 13    To Southwest Applied Technology College
                      From General Fund
270,300

                      Schedule of Programs:
                          Southwest Applied Technology College            270,300
                          To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
                  Item 14    To Dixie Applied Technology College
                      From General Fund
109,500

                      Schedule of Programs:
                          Dixie Applied Technology College                109,500
                          To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
                  Item 15    To Utah College of Applied Technology - Administration
                      From General Fund
140,900

                      From Income Tax
56,100

                      Schedule of Programs:    

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                          Administration                        197,000
                          To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
                  Item 16    To Snow College _ Snow College South Secondary
                      From General Fund
(103,000)

                      From Uniform School Fund
(153,300)

                      From Income Tax
(761,000)

                      Schedule of Programs:
                          Snow South Secondary                    (1,017,300)
                          To transfer funds provided by Item 176, House Bill 1, 2001 General Session.
                  Item 17    To Central Applied Technology College
                      From General Fund
103,000

                      From Income Tax
914,300

                      Schedule of Programs:
                          Central Applied Technology College                1,017,300
                          To transfer funds provided by Item 176, House Bill 1, 2001 General Session.
                  Item 18    To State Board of Education _ State Office of Education
                      From Uniform School Fund
(197,000)

                      Schedule of Programs:
                          Applied Technology Education                (197,000)
                          To transfer funds provided by Item 231, House Bill 1, 2001 General Session.
                  Item 19    To Utah College of Applied Technology - Administration
                      From Income Tax
197,000

                      Schedule of Programs:
                          Administration                        197,000
                          To transfer funds provided by Item 231, House Bill 1, 2001 General Session.
                  Item 20    To State Board of Applied Technology Education _ Applied Technology                   Center/Applied
                  Technology Center Service Region Development
                      From Uniform School Fund, One-time
(600,000)


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                      Schedule of Programs:
                          ATC/ATCSR Equipment                    (400,000)
                          Administration                        (200,000)
                          To transfer funds provided by Item 55, Senate Bill 3, 2001 General Session.
                  Item 21    To Utah College of Applied Technology - Administration
                      From Income Tax, One Time
200,000

                      Schedule of Programs:
                          Administration                        200,000
                          To transfer funds provided by Item 55, Senate Bill 3, 2001 General Session.
                  Item 22    To Salt Lake/Tooele Applied Technology College
                      From Income Tax, One-time
400,000

                      Schedule of Programs:
                          Salt Lake/Tooele Applied Technology College        400,000
                          To transfer funds provided by Item 55, Senate Bill 3, 2001 General Session.
                  Item 23    To State Board of Applied Technology Education _ Custom Fit
                      From Uniform School Fund, One-time
(500,000)

                      Schedule of Programs:
                          Custom Fit                            (500,000)
                          To transfer funds provided by Item 56, Senate Bill 3, 2001 General Session.
                  Item 24    To Utah College of Applied Technology _ Administration
                      From Income Tax, One-time
500,000

                      Schedule of Programs:
                          Custom Fit                            500,000
                          To transfer funds provided by Item 56, Senate Bill 3, 2001 General Session.
                  Item 25    To Southwest Applied Technology Center Service Region _ General
                      From Income Tax
(571,500)

                      From Income Tax, One-time
(157,300)

                      Schedule of Programs

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                          Southwest Applied Technology Center Service Region    (728,800)
                          To transfer funds provided by Item 63, Senate Bill 3, 2001 General Session.
                  Item 26    To Southwest Applied Technology College
                      From Income Tax
257,200

                      From Income Tax, One-time
70,800

                      Schedule of Programs:
                          Southwest Applied Technology College            328,000
                          To transfer funds provided by Item 63, Senate Bill 3, 2001 General Session.
                  Item 27    To Dixie Applied Technology College
                      From Income Tax
314,300

                      From Income Tax, One-time
86,500

                      Schedule of Programs:
                          Dixie Applied Technology College                400,800
                          To transfer funds provided by Item 63, Senate Bill 3, 2001 General Session.
                  Item 28    To Snow College South _ General
                      From Income Tax
(240,800)

                      From Income Tax, One-time
(206,200)

                      Schedule of Programs:
                          Snow College South                        (447,000)
                          To transfer funds provided by Item 65, Senate Bill 3, 2001 General Session.
                  Item 29    To Central Applied Technology College _ Secondary Students
                      From Income Tax
240,800

                      From Income Tax, One-time
206,200

                      Schedule of Programs:
                          Secondary Students                        447,000
                          To transfer funds provided by Item 65, Senate Bill 3, 2001 General Session.
                      (2) Effective September 1, 2001, the unobligated balance of the appropriations made in
                  House Bill 1, 2001 General Session, and Senate Bill 3, 2001 General Session, to the Bridgerland

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                  Applied Technology Center, Ogden-Weber Applied Technology Center, Davis Applied Technology
                  Center, Wasatch Front South Applied Technology Center, Uintah Basin Applied Technology Center,
                  Mountainlands Applied Technology Center Service Region, and Southeast Applied Technology
                  Center Service Region shall be transferred to their successor applied technology colleges.

                      Section 34. Repealer.
                      This act repeals:
                      Section 53A-1-501, Membership -- Duties -- Advisory decisions -- Annual report.
                      Section 53A-1-502, Advisory committee -- Duties -- Task forces.
                      Section 53A-15-201, State Board for Applied Technology Education -- Chief officer.
                      Section 53A-15-202.5, Applied technology centers.
                      Section 53A-15-203, Applied technology centers -- Management by board.
                      Section 35. Effective date.
                      This act takes effect on September 1, 2001.

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