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This document includes House Committee Amendments incorporated into the bill on Wed, Jan 25, 2006 at 2:23 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 7, 2006 at 5:00 PM by chopkin. --> This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 14, 2006 at 10:31 AM by rday. --> 1
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the Utah Education Network (UEN).
10 Highlighted Provisions:
11 This bill:
12 . H. [
12a H. [
13 related to the provision of broadcasting and telecommunication services;
14 . requires the Legislature to make certain annual appropriations;
15 . adjusts State Board of Education duties relative to UEN;
16 . adds state government and other public entities as entities to which UEN may
17 provide support;
18 . licenses KUEN - TV to the State Board of Regents;
19 . removes references to KULC Channel 9, EDNET, and UtahLink; and
20 . makes other technical changes.
21 Monies Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 53B-17-101, as last amended by Chapter 33, Laws of Utah 1995
28 53B-17-102, as last amended by Chapter 243, Laws of Utah 1996
29 53B-17-103, as last amended by Chapter 33, Laws of Utah 1995
30 53B-17-104, as last amended by Chapter 301, Laws of Utah 2002
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53B-17-101 is amended to read:
34 53B-17-101. Legislative findings on public broadcasting and telecommunications
35 for education.
36 The Legislature finds and determines the following:
37 (1) The University of Utah's Dolores Dore' Eccles Broadcast Center is the statewide
38 public broadcasting and telecommunications facility for education in Utah.
39 (2) The center shall provide services to citizens of the state in cooperation with higher
40 and public education, state H. and local .H government, and private industry.
41 (3) Distribution services provided through the center shall include KUED [
45a KUEN - TV .S .
46 (4) KUED - TV and KUER - FM are licensed [
48 (5) [
49 to the Utah State Board of Regents [
51a public and higher education .H .
52 (6) All the entities referred to in Subsection (3) are under the administrative
53 supervision of the University of Utah, subject to the authority [
54 State Board of Regents.
55 (7) This section neither regulates nor restricts a privately owned company in the
56 distribution or dissemination of educational programs.
57 Section 2. Section 53B-17-102 is amended to read:
58 53B-17-102. Utah Education Network.
59 (1) H. (a) .H [
59a used in this
60 part, "Utah Education Network" and "UEN" mean a consortium and partnership between public
61 and higher education established to:
62 H. [
63 education; [
64 H. [
64a public and
65 higher education[
66 H. [
67 equipment for schools and school systems;
68 H. [
68a on behalf
69 of public and higher education;
70 H. [
70a1 of .H distance
70a learning as directed
71 by law; and
72 H. [
72b H. (b) In performing the duties under this Subsection (1), UEN shall:
72c (i) provide services to schools, school districts, and the public and higher education
72d systems through an open and competitive bidding process;
72e (ii) work with the private sector to deliver high-quality, cost-effective services; and
72f (iii) avoid duplicating facilities, equipment or services of private providers of public
72g telecommunications service, as defined under Section 54-8b-2. .H
73 (2) The University of Utah shall provide administrative management for UEN.
74 (3) (a) The governor shall appoint a statewide steering committee of representatives
75 from public and higher education, state government, and private industry to advise UEN in the
76 development and operation of a coordinated, statewide, multi-option telecommunications
77 system to assist in the delivery of educational services throughout the state.
79 to four-year terms.
81 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
82 terms of committee members are staggered so that approximately half of the committee is
83 appointed every two years.
85 shall be appointed for the unexpired term.
87 compensation or benefits for their services, but may receive per diem and expenses incurred in
88 the performance of the member's official duties at the rates established by the Division of
89 Finance under Sections 63A-3-106 and 63A-3-107 .
90 (B) Members who are not government employees may decline to receive per diem and
91 expenses for their service.
92 (ii) (A) State government officer and employee members who do not receive salary, per
93 diem, or expenses from their agency for their service may receive per diem and expenses
94 incurred in the performance of their official duties from the committee at the rates established
95 by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
96 (B) State government officer and employee members may decline to receive per diem
97 and expenses for their service.
99 expenses from the entity that they represent for their service may receive per diem and
100 expenses incurred in the performance of their official duties from the committee at the rates
101 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
103 their service.
106 telecommunication infrastructure throughout the state.
109 (6) [
110 annual appropriation to operate UEN [
115 Section 3. Section 53B-17-103 is amended to read:
116 53B-17-103. General powers of University of Utah related to public broadcasting
117 and telecommunication for education.
118 (1) Subject to applicable rules of the Federal Communications Commission and the
119 State Board of Regents, the University of Utah shall:
120 (a) serve as the state's provider of public television services, with programming from
121 the Public Broadcasting Service and other syndicated and locally produced programs;
122 (b) serve as the state's primary provider of public radio services, with programming
123 from National Public Radio and other syndicated and locally produced programs; and
124 (c) subject to Section 53B-7-103 , accept and use gifts and apply for and receive funds
125 from federal and other sources to carry out the purposes of this part.
126 (2) Subject to future budget constraints, the Legislature shall provide an annual
127 appropriation to operate KUED - TV.
129 distribution or dissemination of educational programs.
130 Section 4. Section 53B-17-104 is amended to read:
131 53B-17-104. Responsibilities of KUED - TV, KUER - FM, and UEN related to
132 public broadcasting and telecommunication for education.
133 (1) Subject to applicable rules of the Federal Communications Commission H. and
133a Section 53B-17-102 .H , the State
134 Board of Regents, the State Board of Education, and the University of Utah, KUED - TV,
135 KUER - FM, and UEN shall:
136 (a) coordinate statewide services of public radio and television;
137 (b) develop, maintain, and operate statewide distribution systems for KUED - TV,
138 KUER - FM, [
140 service, the educational data network, connections to the Internet, and other
141 telecommunications services [
142 data telecommunication services in support of public and higher education, state government,
143 and H. [
144 (c) support the delivery of these services to as many communities as may be
145 economically and technically feasible and lawfully permissible under the various operating
147 (d) cooperate with state and local governmental and educational agencies and provide
148 leadership and consulting service [
151 access to their networks for the delivery of programs and services sponsored or produced by
152 public and higher education;
154 of an educational, cultural, informative, and entertaining nature designed to promote the public
155 interest and welfare of the state;
157 distribute broadcast and nonbroadcast college credit telecourses, teleconferences, and other
158 instructional and training services;
160 acquire, produce, and distribute broadcast and nonbroadcast telecourses, teleconferences, and
161 other instructional and training services to the public schools;
163 software, and other applicable information related to the items addressed in Subsections (1)[
166 public schools of Utah with the following services:
167 (i) broadcast, during school hours, of educational and administrative programs
176 for [
178 governmental agencies [
179 (2) UEN shall:
181 and other technology coordinating committees established by the State Board of Education and
182 State Board of Regents in acquiring, producing, and distributing instructional [
188 microwave, fiber-optic, and other transmission media;
190 implementation of the educational telecommunications infrastructure; and
192 and public broadcasters are [
193 that are developed in the state.
195 distribution or dissemination of education programs.
Legislative Review Note
as of 1-18-06 7:22 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.