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Third Substitute H.B. 161

Representative Bradley T. Johnson proposes the following substitute bill:


             1     
SNOW COLLEGE RICHFIELD CAMPUS

             2     
2003 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Bradley T. Johnson

             5      This act modifies provisions of the State System of Higher Education Code by changing
             6      the name of Snow College South to the Snow College Richfield campus. This act removes
             7      the Central Applied Technology College from the Utah College of Applied Technology
             8      and transfers its functions and responsibilities to Snow College. This act creates an
             9      applied technology advisory committee at the Snow College Richfield campus and
             10      specifies its membership and duties. This act modifies applied technology education
             11      reporting provisions. This act takes effect on July 1, 2003.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          53A-15-202, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
             15          53B-2a-102, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
             16          53B-2a-103, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
             17          53B-2a-104, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
             18          53B-2a-105, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
             19          53B-2a-108, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
             20          53B-2a-110, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
             21          53B-16-205, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
             22          63B-9-103, as enacted by Chapter 327, Laws of Utah 2000
             23      ENACTS:
             24          53B-16-206, Utah Code Annotated 1953
             25      Be it enacted by the Legislature of the state of Utah:


             26          Section 1. Section 53A-15-202 is amended to read:
             27           53A-15-202. Powers of the board.
             28          The State Board of Education:
             29          (1) shall establish minimum standards for applied technology programs in the public
             30      education system;
             31          (2) may apply for, receive, administer, and distribute funds made available through
             32      programs of federal and state governments to promote and aid applied technology education;
             33          (3) shall cooperate with federal and state governments to administer programs which
             34      promote and maintain applied technology education;
             35          (4) shall cooperate with the Utah College of Applied Technology to ensure that
             36      students in the public education system have access to applied technology education in applied
             37      technology colleges; and
             38          (5) shall, after consulting with local school districts, prepare and submit an annual
             39      report to the governor and to the Legislature's Education Interim Committee by October 31 of
             40      each year detailing:
             41          (a) how the applied technology education needs of secondary students are being met;
             42      and
             43          (b) what access secondary students have to programs offered [at]:
             44          (i) at applied technology colleges[.]; and
             45          (ii) within the region served by Snow College.
             46          Section 2. Section 53B-2a-102 is amended to read:
             47           53B-2a-102. President -- Appointment -- Duties.
             48          (1) (a) The board shall appoint a president for the Utah College of Applied
             49      Technology.
             50          (b) The president of the Utah College of Applied Technology does not need to have a
             51      doctorate degree, but shall have extensive experience in applied technology education.
             52          (c) The president shall serve at the board's discretion and at the salary the board
             53      determines.
             54          (d) As president of the Utah College of Applied Technology, the president is also an
             55      associate commissioner of higher education.
             56          (e) The names of the final candidates for president of the Utah College of Applied


             57      Technology shall be publicly disclosed.
             58          (2) The president shall:
             59          (a) coordinate the activities of each regional applied technology college;
             60          (b) in cooperation with the board of trustees and with the approval of the board,
             61      develop a competency-based associate of applied technology degree;
             62          (c) ensure that an applied technology education degree is transferable to other higher
             63      education institutions in accordance with board rules;
             64          (d) in consultation with the board of trustees, applied technology college regional
             65      presidents, and applied technology college regional boards, prepare a comprehensive strategic
             66      plan for delivering applied technology education through the regional applied technology
             67      colleges;
             68          (e) after consulting with local school districts and other higher education institutions in
             69      the regions, ensure that the curricula of the regional applied technology colleges meet the needs
             70      of the state, the regions, and the local school districts;
             71          (f) in consultation with the board of trustees, applied technology college regional
             72      presidents, and applied technology college regional boards, and after consulting with local
             73      school districts and other higher education institutions in the region, develop strategies for
             74      providing applied technology education in rural areas, specifically considering the distances
             75      between rural applied technology education providers;
             76          (g) establish minimum standards for applied technology programs of the regional
             77      applied technology colleges;
             78          (h) in conjunction with the board of trustees, develop and implement a system of
             79      common definitions, standards, and criteria for tracking and measuring the effectiveness of
             80      applied technology education;
             81          (i) in conjunction with the board of trustees, develop and implement a plan to inform
             82      citizens about the availability, cost, and advantages of applied technology education; [and]
             83          (j) after consulting with the State Board of Education and local school districts, ensure
             84      that secondary students in the public education system have access to applied technology
             85      education in applied technology colleges[.]; and
             86          (k) provide expertise and monitor applied technology education within the region
             87      served by Snow College in accordance with Section 53B-16-205 .


             88          Section 3. Section 53B-2a-103 is amended to read:
             89           53B-2a-103. Utah College of Applied Technology Board of Trustees --
             90      Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees --
             91      Compensation.
             92          (1) There is created the Utah College of Applied Technology Board of Trustees,
             93      composed of the following members:
             94          (a) two members of the State Board of Education appointed by the governor with the
             95      consent of the Senate;
             96          (b) two members of the State Board of Regents appointed by the governor with the
             97      consent of the Senate;
             98          (c) one member representing business and industry from the regional board of each
             99      regional applied technology college appointed by a majority vote of the business and industry
             100      members of the regional board; [and]
             101          (d) one member representing business and industry from the Snow College applied
             102      technology advisory committee appointed by a majority of the business and industry members
             103      of the advisory committee; and
             104          [(d)] (e) one business or industry representative appointed by the governor with the
             105      consent of the Senate from nominations submitted by the speaker of the House of
             106      Representatives and president of the Senate.
             107          (2) (a) Except as provided in Subsection (b), the members of the board of trustees shall
             108      be appointed commencing on September 1 of the year of appointment to:
             109          (i) two-year terms for the members described in Subsections (1)(a) and (b); and
             110          (ii) four-year terms for the members described in Subsections (1)(c) and (d).
             111          (b) At the first meeting of the board:
             112          (i) the members described in Subsections (1)(c) and (d) shall divide up their positions
             113      so that approximately half of them serve for initial two-year terms; and
             114          (ii) the members described in Subsections (1)(a) and (b) shall divide up their positions
             115      so that approximately half of them serve for initial one-year terms.
             116          (c) An appointed member holds office until a successor is appointed and qualified.
             117          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             118      appointed for the unexpired term.


             119          (4) (a) Each member shall take the official oath of office prior to assuming the office.
             120          (b) The oath shall be filed with the Division of Archives and Records Services.
             121          (5) The board of trustees shall elect a chair and vice chair, who serve for two years and
             122      until their successors are elected and qualified.
             123          (6) (a) The board of trustees may enact bylaws for its own government, including
             124      provision for regular meetings.
             125          (b) (i) The board of trustees may provide for an executive committee in its bylaws.
             126          (ii) If established, the committee shall have full authority of the board of trustees to act
             127      upon routine matters during the interim between board of trustees meetings.
             128          (iii) The committee may act on nonroutine matters only under extraordinary and
             129      emergency circumstances.
             130          (iv) The committee shall report its activities to the board of trustees at its next regular
             131      meeting following the action.
             132          (c) Copies of the board of trustees' bylaws shall be filed with the board.
             133          (7) A quorum shall be required to conduct business which shall consist of a majority of
             134      board of trustee members.
             135          (8) The board of trustees may establish advisory committees.
             136          (9) (a) (i) Members who are not government employees shall receive no compensation
             137      or benefits for their services, but may receive per diem and expenses incurred in the
             138      performance of the member's official duties at the rates established by the Division of Finance
             139      under Sections 63A-3-106 and 63A-3-107 .
             140          (ii) Members may decline to receive per diem and expenses for their service.
             141          (b) (i) State government officer and employee members who do not receive salary, per
             142      diem, or expenses from their agency for their service may receive per diem and expenses
             143      incurred in the performance of their official duties from the board at the rates established by the
             144      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             145          (ii) State government officer and employee members may decline to receive per diem
             146      and expenses for their service.
             147          (c) (i) Higher education members who do not receive salary, per diem, or expenses
             148      from the entity that they represent for their service may receive per diem and expenses incurred
             149      in the performance of their official duties from the committee at the rates established by the


             150      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             151          (ii) Higher education members may decline to receive per diem and expenses for their
             152      service.
             153          Section 4. Section 53B-2a-104 is amended to read:
             154           53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers
             155      and duties.
             156          The Utah College of Applied Technology Board of Trustees shall:
             157          (1) in cooperation with the president of the Utah College of Applied Technology, and
             158      with the approval of the State Board of Regents, develop a competency-based associate of
             159      applied technology degree to be offered by the regional applied technology colleges;
             160          (2) ensure that an applied technology education degree is transferable to other higher
             161      education institutions in accordance with State Board of Regents rules;
             162          (3) ensure that the regional applied technology colleges within the Utah College of
             163      Applied Technology comply with the requirements in Section 53B-2a-106 ;
             164          (4) advise the president of the Utah College of Applied Technology and the State
             165      Board of Regents on issues related to applied technology education;
             166          (5) receive budget requests from each regional applied technology college, prioritize
             167      the requests, and submit the prioritized requests to:
             168          (a) the Legislature; and
             169          (b) the Governor's Office of Planning and Budget;
             170          (6) receive funding requests pertaining to capital facilities and land purchases from
             171      each regional applied technology college, ensure that the requests comply with Section
             172      53B-2a-112 , prioritize the requests, and submit the prioritized requests to the State Building
             173      Board;
             174          (7) prepare and submit an annual report detailing its progress and recommendations on
             175      applied technology education issues to the governor and to the Legislature's Education Interim
             176      Committee by October 31 of each year, which shall include information detailing:
             177          (a) how the applied technology education needs of secondary students are being met;
             178      and
             179          (b) what access secondary students have to programs offered [at]:
             180          (i) at applied technology colleges; and


             181          (ii) within the region served by Snow College;
             182          (8) receive, by September 30 of each year, an annual report from Snow College on the
             183      status of and maintenance of the effort for applied technology education in the region served by
             184      Snow College, including access to open-entry, open-exit competency-based applied technology
             185      education programs at the tuition rate approved by the Utah College of Applied Technology for
             186      adults and at no tuition cost to secondary students; and
             187          [(8)] (9) perform other duties and responsibilities as delegated by the State Board of
             188      Regents.
             189          Section 5. Section 53B-2a-105 is amended to read:
             190           53B-2a-105. Utah College of Applied Technology -- Composition.
             191          The Utah College of Applied Technology is composed of the following regional applied
             192      technology colleges:
             193          (1) the Bridgerland Applied Technology College which:
             194          (a) serves the geographic area encompassing:
             195          (i) the Box Elder School District;
             196          (ii) the Cache School District;
             197          (iii) the Logan School District; and
             198          (iv) the Rich School District; and
             199          (b) includes the facilities, equipment, and personnel of the Bridgerland Applied
             200      Technology Center;
             201          (2) the Ogden-Weber Applied Technology College which:
             202          (a) serves the geographic area encompassing:
             203          (i) the Ogden City School District; and
             204          (ii) the Weber School District; and
             205          (b) includes the facilities, equipment, and personnel of the Ogden-Weber Applied
             206      Technology Center;
             207          (3) the Davis Applied Technology College which:
             208          (a) serves the geographic area encompassing:
             209          (i) the Davis School District; and
             210          (ii) the Morgan School District; and
             211          (b) includes the facilities, equipment, and personnel of the Davis Applied Technology


             212      Center;
             213          (4) the Salt Lake/Tooele Applied Technology College which:
             214          (a) serves the geographic area encompassing:
             215          (i) the Salt Lake City School District;
             216          (ii) the Granite School District;
             217          (iii) the Jordan School District;
             218          (iv) the Murray School District; and
             219          (v) the Tooele School District; and
             220          (b) includes the facilities, equipment, and personnel of the Wasatch Front South
             221      Applied Technology Center;
             222          (5) the Mountainlands Applied Technology College which:
             223          (a) serves the geographic area encompassing:
             224          (i) the Alpine School District;
             225          (ii) the Nebo School District;
             226          (iii) the Provo School District;
             227          (iv) the South Summit School District;
             228          (v) the North Summit School District;
             229          (vi) the Wasatch School District; and
             230          (vii) the Park City School District; and
             231          (b) includes the facilities, equipment, and personnel of the Mountainlands Applied
             232      Technology Center Service Region;
             233          (6) the Uintah Basin Applied Technology College which:
             234          (a) serves the geographic area encompassing:
             235          (i) the Daggett School District;
             236          (ii) the Duchesne School District; and
             237          (iii) the Uintah School District; and
             238          (b) includes the existing facilities, equipment, and personnel of the Uintah Basin
             239      Applied Technology Center;
             240          [(7) the Central Applied Technology College which serves the geographic area
             241      encompassing:]
             242          [(a) the Juab School District;]


             243          [(b) the Millard School District;]
             244          [(c) the Tintic School District;]
             245          [(d) the North Sanpete School District;]
             246          [(e) the South Sanpete School District;]
             247          [(f) the Wayne School District;]
             248          [(g) the Piute School District; and]
             249          [(h) the Sevier School District;]
             250          [(8)] (7) the Southwest Applied Technology College which:
             251          (a) serves the geographic area encompassing:
             252          (i) the Beaver School District;
             253          (ii) the Garfield School District;
             254          (iii) the Iron School District; and
             255          (iv) the Kane School District; and
             256          (b) includes the facilities, equipment, and personnel of the Southwest Applied
             257      Technology Education Center Service Region;
             258          [(9)] (8) the Dixie Applied Technology College which serves the geographic area
             259      encompassing the Washington School District; and
             260          [(10)] (9) the Southeast Applied Technology College which:
             261          (a) serves the geographic area encompassing:
             262          (i) the Carbon School District;
             263          (ii) the Emery School District;
             264          (iii) the Grand School District; and
             265          (iv) the San Juan School District; and
             266          (b) includes the facilities, equipment, and personnel of the Southeast Applied
             267      Technology Center Service Region.
             268          Section 6. Section 53B-2a-108 is amended to read:
             269           53B-2a-108. Applied technology college regional boards -- Membership --
             270      Appointments.
             271          Beginning September 1, 2001, each regional applied technology college shall have a
             272      regional board appointed as follows:
             273          (1) the Bridgerland Applied Technology College Regional Board shall be composed of


             274      the following 13 members:
             275          (a) one elected local school board member appointed by the board of education for the
             276      Box Elder School District;
             277          (b) one elected local school board member appointed by the board of education for the
             278      Cache School District;
             279          (c) one elected local school board member appointed by the board of education for the
             280      Logan School District;
             281          (d) one elected local school board member appointed by the board of education for the
             282      Rich School District;
             283          (e) one member of the Utah State University board of trustees;
             284          (f) one member of the State Board of Regents designated by the chair of the State
             285      Board of Regents to serve a one-year term; and
             286          (g) seven representatives of business or industry within the region appointed jointly by
             287      the members appointed under Subsections (1)(a) through (f);
             288          (2) the Ogden-Weber Applied Technology College Regional Board shall be composed
             289      of the following 11 members:
             290          (a) one elected local school board member appointed by the board of education for the
             291      Ogden City School District;
             292          (b) one elected local school board member appointed by the board of education for the
             293      Weber School District;
             294          (c) one elected local school board member jointly appointed by the boards of education
             295      for the Ogden City School District and the Weber School District;
             296          (d) one member of the Weber State University board of trustees;
             297          (e) one member of the State Board of Regents designated by the chair of the State
             298      Board of Regents to serve a one-year term; and
             299          (f) six representatives of business or industry within the region appointed jointly by the
             300      members appointed under Subsections (2)(a) through (e);
             301          (3) the Davis Applied Technology College Regional Board shall be composed of the
             302      following 11 members:
             303          (a) one elected local school board member appointed by the board of education for the
             304      Davis School District;


             305          (b) one elected local school board member appointed by the board of education for the
             306      Morgan School District;
             307          (c) one elected local school board member jointly appointed by the boards of education
             308      for the Davis School District and the Morgan School District;
             309          (d) one member of the Weber State University board of trustees;
             310          (e) one member of the State Board of Regents designated by the chair of the State
             311      Board of Regents to serve a one-year term; and
             312          (f) six representatives of business or industry within the region appointed jointly by the
             313      members appointed under Subsections (3)(a) through (e);
             314          (4) the Salt Lake/Tooele Applied Technology College Regional Board shall be
             315      composed of the following 15 members:
             316          (a) one elected local school board member appointed by the board of education for the
             317      Salt Lake City School District;
             318          (b) one elected local school board member appointed by the board of education for the
             319      Granite School District;
             320          (c) one elected local school board member appointed by the board of education for the
             321      Jordan School District;
             322          (d) one elected local school board member appointed by the board of education for the
             323      Murray School District;
             324          (e) one elected local school board member appointed by the board of education for the
             325      Tooele School District;
             326          (f) one member of the Salt Lake Community College board of trustees;
             327          (g) one member of the State Board of Regents designated by the chair of the State
             328      Board of Regents to serve a one-year term; and
             329          (h) eight representatives of business or industry within the region appointed jointly by
             330      the members appointed under Subsections (4)(a) through (g);
             331          (5) the Mountainlands Applied Technology College Regional Board shall be composed
             332      of the following 19 members:
             333          (a) one elected local school board member appointed by the board of education for the
             334      Alpine School District;
             335          (b) one elected local school board member appointed by the board of education for the


             336      Nebo School District;
             337          (c) one elected local school board member appointed by the board of education for the
             338      Provo School District;
             339          (d) one elected local school board member appointed by the board of education for the
             340      South Summit School District;
             341          (e) one elected local school board member appointed by the board of education for the
             342      North Summit School District;
             343          (f) one elected local school board member appointed by the board of education for the
             344      Wasatch School District;
             345          (g) one elected local school board member appointed by the board of education for the
             346      Park City School District;
             347          (h) one member of the Utah Valley State College board of trustees;
             348          (i) one member of the State Board of Regents designated by the chair of the State
             349      Board of Regents to serve a one-year term; and
             350          (j) ten representatives of business or industry within the region appointed jointly by the
             351      members appointed under Subsections (5)(a) through (i);
             352          (6) the Uintah Basin Applied Technology College Regional Board shall be composed
             353      of the following 11 members:
             354          (a) one elected local school board member appointed by the board of education for the
             355      Daggett School District;
             356          (b) one elected local school board member appointed by the board of education for the
             357      Duchesne School District;
             358          (c) one elected local school board member appointed by the board of education for the
             359      Uintah School District;
             360          (d) one member of the Utah State University board of trustees;
             361          (e) one member of the State Board of Regents designated by the chair of the State
             362      Board of Regents to serve a one-year term; and
             363          (f) six representatives of business or industry within the region appointed jointly by the
             364      members appointed under Subsections (6)(a) through (d);
             365          [(7) the Central Applied Technology College Regional Board shall be composed of the
             366      following 21 members:]


             367          [(a) one elected local school board member appointed by the board of education for the
             368      Juab School District;]
             369          [(b) one elected local school board member appointed by the board of education for the
             370      Millard School District;]
             371          [(c) one elected local school board member appointed by the board of education for the
             372      Tintic School District;]
             373          [(d) one elected local school board member appointed by the board of education for the
             374      North Sanpete School District;]
             375          [(e) one elected local school board member appointed by the board of education for the
             376      South Sanpete School District;]
             377          [(f) one elected local school board member appointed by the board of education for the
             378      Wayne School District;]
             379          [(g) one elected local school board member appointed by the board of education for the
             380      Piute School District;]
             381          [(h) one elected local school board member appointed by the board of education for the
             382      Sevier School District;]
             383          [(i) one member of the Snow College board of trustees;]
             384          [(j) one member of the State Board of Regents designated by the chair of the State
             385      Board of Regents to serve a one-year term; and]
             386          [(k) 11 representatives of business or industry within the region appointed jointly by
             387      the members appointed under Subsections (7)(a) through (j);]
             388          [(8)] (7) the Southwest Applied Technology College Regional Board shall be
             389      composed of the following 13 members:
             390          (a) one elected local school board member appointed by the board of education for the
             391      Beaver School District;
             392          (b) one elected local school board member appointed by the board of education for the
             393      Garfield School District;
             394          (c) one elected local school board member appointed by the board of education for the
             395      Iron School District;
             396          (d) one elected local school board member appointed by the board of education for the
             397      Kane School District;


             398          (e) one member of the Southern Utah University board of trustees;
             399          (f) one member of the State Board of Regents designated by the chair of the State
             400      Board of Regents to serve a one-year term; and
             401          (g) seven representatives of business or industry within the region appointed jointly by
             402      the members appointed under Subsections [(8)] (7)(a) through (f);
             403          [(9)] (8) the Dixie Applied Technology College Regional Board shall be composed of
             404      the following 11 members:
             405          (a) three elected local school board members appointed by the board of education for
             406      the Washington School District;
             407          (b) one member of the Dixie State College of Utah board of trustees;
             408          (c) one member of the State Board of Regents designated by the chair of the State
             409      Board of Regents to serve a one-year term; and
             410          (d) six representatives of business or industry within the region appointed jointly by the
             411      members appointed under Subsections [(9)] (8)(a) through (c);
             412          [(10)] (9) the Southeast Applied Technology College Regional Board shall be
             413      composed of the following 13 members:
             414          (a) one elected local school board member appointed by the board of education for the
             415      Carbon School District;
             416          (b) one elected local school board member appointed by the board of education for the
             417      Emery School District;
             418          (c) one elected local school board member appointed by the board of education for the
             419      Grand School District;
             420          (d) one elected local school board member appointed by the board of education for the
             421      San Juan School District;
             422          (e) one member of the College of Eastern Utah board of trustees;
             423          (f) one member of the State Board of Regents designated by the chair of the State
             424      Board of Regents to serve a one-year term; and
             425          (g) seven representatives of business or industry within the region appointed jointly by
             426      the members appointed under Subsections [(10)] (9)(a) through (f); and
             427          [(11)] (10) the representatives of business or industry shall be appointed jointly by the
             428      designated members from a list of names provided by local organizations or associations whose


             429      members employ workers with applied technology education.
             430          Section 7. Section 53B-2a-110 is amended to read:
             431           53B-2a-110. Applied technology college regional board -- Powers and duties.
             432          (1) Each applied technology college regional board shall:
             433          (a) prepare and submit a budget request for its annual operations to the Utah College of
             434      Applied Technology Board of Trustees;
             435          (b) after consulting with the higher education institutions and local school districts
             436      within its region, prepare a comprehensive strategic plan for delivering applied technology
             437      education within its region;
             438          (c) consult with business, industry, the Department of Workforce Services, and the
             439      Governor's Office of Planning and Budget on an ongoing basis to determine what workers and
             440      skills are needed for employment in Utah businesses and industries;
             441          (d) develop programs based upon the information gathered in accordance with
             442      Subsection (1)(c), including expedited program approval and termination procedures to meet
             443      market needs;
             444          (e) adopt an annual budget and fund balances;
             445          (f) develop policies for the operation of applied technology education facilities under
             446      its jurisdiction;
             447          (g) establish human resources and compensation policies for all employees;
             448          (h) establish credentials for employees and define employee duties;
             449          (i) conduct annual program evaluations;
             450          (j) appoint program advisory committees and other advisory groups to provide counsel,
             451      support, and recommendations for updating and improving the effectiveness of training
             452      programs and services;
             453          (k) approve regulations, both regular and emergency, to be issued and executed by the
             454      regional president;
             455          (l) coordinate with local school boards and districts to protect the applied technology
             456      education needs of secondary students; and
             457          (m) develop policies and procedures for the admission, classification, instruction, and
             458      examination of students.
             459          [(2) In apportioning monies appropriated by the Legislature to the Central Applied


             460      Technology College, the regional board of the Central Applied Technology College:]
             461          [(a) may not, until June 30, 2006, diminish applied technology education services
             462      currently being provided at Snow College South; and]
             463          [(b) may direct that any new monies provided to the Central Applied Technology
             464      College go first to funding underserved portions of the geographic area it serves.]
             465          [(3)] (2) A regional board may not exercise any jurisdiction over applied technology
             466      education provided by a local school district or provided by a higher education institution
             467      independently of a regional applied technology college.
             468          [(4)] (3) If a program advisory committee or other advisory group submits a printed
             469      recommendation to the regional board, the board shall acknowledge the recommendation with
             470      a printed response that explains the board action regarding the recommendation and the reasons
             471      for the action.
             472          Section 8. Section 53B-16-205 is amended to read:
             473           53B-16-205. Establishment of Snow College Richfield campus -- Supervision and
             474      administration -- Transition -- Institutional mission.
             475          (1) There is established a branch campus of Snow College in Richfield, Utah, hereafter
             476      referred to as the Snow College [South] Richfield campus.
             477          (2) Snow College shall administer the branch campus under the general control and
             478      supervision of the State Board of Regents as an integrated part of Snow College's mission,
             479      programs, and curriculum.
             480          (3) [(a)] Snow College shall:
             481          [(i)] (a) maintain a strong curriculum in applied technology and technical courses [of a
             482      general nature] at the Snow College [South] Richfield campus and within the region served by
             483      Snow College which can be transferred to other institutions within the higher education system,
             484      together with lower division courses [of a general nature] and courses required for associate
             485      degrees in science, arts, [and] applied science, and applied technology; [and]
             486          [(ii)] (b) work with local school districts in developing an aggressive concurrent
             487      enrollment program in cooperation with Snow College [South.] Richfield campus; and
             488          [(b)] (c) [The institution shall coordinate offerings of applied technology education
             489      with the Central Applied Technology College to] provide, through the Snow College Richfield
             490      Campus, for open-entry, open-exit competency-based applied technology education programs


             491      [at Snow College South], at the tuition rate approved by the Utah College of Applied
             492      Technology for adults and at no tuition cost to secondary students, that emphasize short-term
             493      job training or retraining for immediate placement in the job market[.] and serve the geographic
             494      area encompassing:
             495          [(c) Snow College shall make provisions for students, including high school students,
             496      to take classes at Snow College South for which college credit is not awarded, together with
             497      appropriate fees for taking such classes.]
             498          [(d) The State Board of Regents or the president of Snow College may waive any board
             499      rule or institutional policy that would prevent or inhibit Snow College South from achieving its
             500      performance goals, unless approval of the request would conflict with state or federal law or
             501      put the institution out of compliance with matters related to health, safety, civil rights, and
             502      insurance.]
             503          (i) the Juab School District;
             504          (ii) the Millard School District;
             505          (iii) the Tintic School District;
             506          (iv) the North Sanpete School District;
             507          (v) the South Sanpete School District;
             508          (vi) the Wayne School District;
             509          (vii) the Piute School District; and
             510          (viii) the Sevier School District.
             511          (4) Snow College may not exercise any jurisdiction over applied technology education
             512      provided by a local school district independently of Snow College.
             513          (5) Snow College shall report to the Utah College of Applied Technology by
             514      September 30 of each year on the status of and maintenance of the effort for applied technology
             515      education in the region served by Snow College, including access to open-entry, open-exit
             516      competency-based applied technology education programs at the tuition rate approved by the
             517      Utah College of Applied Technology for adults and at no tuition cost to secondary students.
             518          Section 9. Section 53B-16-206 is enacted to read:
             519          53B-16-206. Snow College -- Applied technology advisory committee --
             520      Membership -- Duties.
             521          (1) The Snow College Richfield campus shall have an applied technology advisory


             522      committee composed of the following 19 members:
             523          (a) one elected local school board member appointed by the board of education for the
             524      Juab School District;
             525          (b) one elected local school board member appointed by the board of education for the
             526      Millard School District;
             527          (c) one elected local school board member appointed by the board of education for the
             528      Tintic School District;
             529          (d) one elected local school board member appointed by the board of education for the
             530      North Sanpete School District;
             531          (e) one elected local school board member appointed by the board of education for the
             532      South Sanpete School District;
             533          (f) one elected local school board member appointed by the board of education for the
             534      Wayne School District;
             535          (g) one elected local school board member appointed by the board of education for the
             536      Piute School District;
             537          (h) one elected local school board member appointed by the board of education for the
             538      Sevier School District;
             539          (i) one member of the Snow College board of trustees appointed by the president of
             540      Snow College; and
             541          (j) ten representatives of business or industry within the region appointed by the
             542      president of Snow College from nominations of the members appointed under Subsections
             543      (1)(a) through (i).
             544          (2) The applied technology advisory committee shall:
             545          (a) after consulting with Snow College and local school districts within its region,
             546      prepare a comprehensive strategic plan for delivering applied technology education within its
             547      region;
             548          (b) make recommendations regarding what skills are needed for employment in Utah
             549      businesses and industries;
             550          (c) recommend programs based upon the information gathered in accordance with
             551      Subsection (2)(b);
             552          (d) review annual program evaluations;


             553          (e) provide counsel, support, and recommendations for updating and improving the
             554      effectiveness of applied technology education programs and services, including expedited
             555      program approval and termination of procedures, consistent with Board of Regents' policy;
             556          (f) monitor program advisory committees and other advisory groups to provide
             557      counsel, support, and recommendations for updating and improving the effectiveness of
             558      training programs and services; and
             559          (g) coordinate with local school boards and districts to protect and enhance the applied
             560      technology education needs of secondary students.
             561          Section 10. Section 63B-9-103 is amended to read:
             562           63B-9-103. Other capital facility authorizations and intent language.
             563          (1) It is the intent of the Legislature that:
             564          (a) Utah State University use institutional funds to plan, design, and construct a
             565      renovation and expansion of the Edith Bowen School under the direction of the director of the
             566      Division of Facilities Construction and Management unless supervisory authority has been
             567      delegated;
             568          (b) no state funds be used for any portion of this project; and
             569          (c) the university may request state funds for operations and maintenance to the extent
             570      that the university is able to demonstrate to the Board of Regents that the facility meets
             571      approved academic and training purposes under Board of Regents policy R710.
             572          (2) It is the intent of the Legislature that:
             573          (a) the University of Utah use institutional funds to plan, design, and construct a
             574      College of Science Math Center under the direction of the director of the Division of Facilities
             575      Construction and Management unless supervisory authority has been delegated;
             576          (b) no state funds be used for any portion of this project; and
             577          (c) the university may request state funds for operations and maintenance to the extent
             578      that the university is able to demonstrate to the Board of Regents that the facility meets
             579      approved academic and training purposes under Board of Regents policy R710.
             580          (3) It is the intent of the Legislature that:
             581          (a) the University of Utah use institutional funds to plan, design, and construct a
             582      Burbidge Athletics and Academics Building under the direction of the director of the Division
             583      of Facilities Construction and Management unless supervisory authority has been delegated;


             584          (b) no state funds be used for any portion of this project; and
             585          (c) the university may not request state funds for operations and maintenance.
             586          (4) It is the intent of the Legislature that:
             587          (a) the University of Utah use institutional funds to plan, design, and construct an
             588      expansion to the bookstore under the direction of the director of the Division of Facilities
             589      Construction and Management unless supervisory authority has been delegated;
             590          (b) no state funds be used for any portion of this project; and
             591          (c) the university may not request state funds for operations and maintenance.
             592          (5) It is the intent of the Legislature that:
             593          (a) the University of Utah use institutional funds to plan, design, and construct a Health
             594      Sciences/Basic Sciences Building under the direction of the director of the Division of
             595      Facilities Construction and Management unless supervisory authority has been delegated;
             596          (b) no state funds be used for any portion of this project; and
             597          (c) the university may request state funds for operations and maintenance to the extent
             598      that the university is able to demonstrate to the Board of Regents that the facility meets
             599      approved academic and training purposes under Board of Regents policy R710.
             600          (6) It is the intent of the Legislature that:
             601          (a) Weber State University use institutional funds to plan, design, and construct an
             602      expansion to the stadium under the direction of the director of the Division of Facilities
             603      Construction and Management unless supervisory authority has been delegated;
             604          (b) no state funds be used for any portion of this project; and
             605          (c) the university may not request state funds for operations and maintenance.
             606          (7) It is the intent of the Legislature that:
             607          (a) Utah Valley State College use institutional funds to plan, design, and construct a
             608      baseball stadium under the direction of the director of the Division of Facilities Construction
             609      and Management unless supervisory authority has been delegated;
             610          (b) no state funds be used for any portion of this project; and
             611          (c) the college may not request state funds for operations and maintenance.
             612          (8) It is the intent of the Legislature that:
             613          (a) Southern Utah University use institutional funds to plan, design, and construct a
             614      weight training room under the direction of the director of the Division of Facilities


             615      Construction and Management unless supervisory authority has been delegated;
             616          (b) no state funds be used for any portion of this project; and
             617          (c) the university may not request state funds for operations and maintenance.
             618          (9) It is the intent of the Legislature that:
             619          (a) Snow College may lease land at the Snow College [South] Richfield campus to a
             620      private developer for the construction and operation of student housing;
             621          (b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
             622          (c) no state funds be used for any portion of this project; and
             623          (d) the college may not request state funds for operations and maintenance.
             624          (10) It is the intent of the Legislature that:
             625          (a) Salt Lake Community College may lease land at the Jordan campus to Jordan
             626      School District for the construction and operation of an Applied Technology Education Center;
             627          (b) the oversight and inspection of the construction comply with Section 63A-5-206 ;
             628          (c) no state funds be used for any portion of this project; and
             629          (d) the college may not request state funds for operations and maintenance.
             630          (11) It is the intent of the Legislature that:
             631          (a) the Department of Transportation exchange its maintenance station at Kimball
             632      Junction for property located near Highway 40 in Summit County; and
             633          (b) the Department of Transportation use federal funds, rent paid by the Salt Lake
             634      Organizing Committee for the use of the maintenance station, and any net proceeds resulting
             635      from the exchange of property to construct a replacement facility under the direction of the
             636      director of the Division of Facilities Construction and Management unless supervisory
             637      authority has been delegated.
             638          (12) It is the intent of the Legislature that:
             639          (a) the Department of Transportation sell surplus property in Utah County;
             640          (b) the Department of Transportation use funds from that sale to remodel existing
             641      space and add an addition to the Region 3 Complex; and
             642          (c) the project cost not exceed the funds received through sale of property.
             643          (13) It is the intent of the Legislature that the Department of Workforce Services use
             644      proceeds from property sales to purchase additional property adjacent to its state-owned facility
             645      in Logan.


             646          (14) (a) It is the intent of the Legislature that, because only partial funding is provided
             647      for the Heat Plant/Infrastructure Project at Utah State University, the balance necessary to
             648      complete this project be addressed by future Legislatures, either through appropriations or
             649      through the issuance of bonds.
             650          (b) (i) In compliance with Section 63A-5-207 , the division may enter into contracts for
             651      amounts not to exceed the anticipated full project funding but may not allow work to be
             652      performed on those contracts in excess of the funding already authorized by the Legislature.
             653          (ii) Those contracts shall contain a provision for termination of the contract for the
             654      convenience of the state as required by Section 63-56-40 .
             655          (c) It is also the intent of the Legislature that this authorization to the division does not
             656      bind future Legislatures to fund the Heat Plant/Infrastructure Project at Utah State University.
             657          Section 11. Effective date.
             658          This act takes effect on July 1, 2003.


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