Second Substitute H.B. 61

Representative Don L. Ipson proposes the following substitute bill:

1 DIXIE STATE COLLEGE - UNIVERSITY STATUS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Don L. Ipson
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill modifies the State System of Higher Education code by changing the name of
10 Dixie State College of Utah to Dixie State University.
11 Highlighted Provisions:
12 This bill:
13 . changes the name of Dixie State College of Utah to Dixie State University;
14 . establishes the status of the university as a continuation of the college; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides an immediate effective date.
20 Utah Code Sections Affected:
21 AMENDS:
22 53A-1a-501.3, as last amended by Laws of Utah 2010, Chapter 353 and last amended
23 by Coordination Clause, Laws of Utah 2010, Chapter 353
24 53B-1-102, as last amended by Laws of Utah 2010, Chapter 211
25 53B-2-101, as last amended by Laws of Utah 2010, Chapter 211

26 53B-2a-108, as last amended by Laws of Utah 2009, Chapter 346
27 53B-3-102, as last amended by Laws of Utah 2010, Chapter 211
28 53B-8-101, as last amended by Laws of Utah 2010, Chapter 211
29 53B-8-103, as last amended by Laws of Utah 2009, Chapter 363
30 53B-16-501, as enacted by Laws of Utah 2010, Chapter 147
31 76-8-701, as last amended by Laws of Utah 2010, Chapter 211
32 ENACTS:
33 53B-2-111, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53A-1a-501.3 is amended to read:
37 53A-1a-501.3. Definitions.
38 As used in this part:
39 (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
40 includes:
41 (a) cash;
42 (b) stock or other investments;
43 (c) real property;
44 (d) equipment and supplies;
45 (e) an ownership interest;
46 (f) a license;
47 (g) a cause of action; and
48 (h) any similar property.
49 (2) "Board of trustees of a higher education institution" or "board of trustees" means:
50 (a) the board of trustees of:
51 (i) the University of Utah;
52 (ii) Utah State University;
53 (iii) Weber State University;
54 (iv) Southern Utah University;
55 (v) Snow College;
56 (vi) Dixie State [College of Utah] University;

57 (vii) Utah Valley University; or
58 (viii) Salt Lake Community College; or
59 (b) the campus board of directors of a college campus within the Utah College of
60 Applied Technology.
61 (3) "Chartering entity" means the entity that authorizes the establishment of a charter
62 school.
63 Section 2. Section 53B-1-102 is amended to read:
64 53B-1-102. State system of higher education.
65 (1) The state system of higher education consists of the following institutions:
66 (a) State Board of Regents;
67 (b) the University of Utah;
68 (c) Utah State University;
69 (d) Weber State University;
70 (e) Southern Utah University;
71 (f) Snow College;
72 (g) Dixie State [College of Utah] University;
73 (h) Utah Valley University;
74 (i) Salt Lake Community College;
75 (j) the Utah College of Applied Technology; and
76 (k) other public post-high school educational institutions as the Legislature may
77 designate.
78 (2) A change in the name of an institution within the system of higher education shall
79 not be considered a change in the role or mission of the institution, unless otherwise authorized
80 by the State Board of Regents.
81 (3) It is not the intent of the Legislature to increase the number of research universities
82 in the state beyond the University of Utah and Utah State University.
83 (4) These institutions are empowered to sue and be sued and to contract and be
84 contracted with.
85 Section 3. Section 53B-2-101 is amended to read:
86 53B-2-101. Institutions of higher education -- Corporate bodies -- Powers.
87 (1) The following institutions of higher education are bodies politic and corporate with

88 perpetual succession and with all rights, immunities, and franchises necessary to function as
89 such:
90 (a) the University of Utah;
91 (b) Utah State University;
92 (c) Weber State University;
93 (d) Southern Utah University;
94 (e) Snow College;
95 (f) Dixie State [College of Utah] University;
96 (g) Utah Valley University;
97 (h) Salt Lake Community College; and
98 (i) the Utah College of Applied Technology.
99 (2) (a) Each institution may have and use a corporate seal and may, subject to Section
100 53B-20-103 , take, hold, lease, sell, and convey real and personal property as the interest of the
101 institution requires.
102 (b) Each institution is vested with all the property, franchises, and endowments of, and
103 is subject to, all the contracts, obligations, and liabilities of its respective predecessor.
104 (c) (i) Each institution may enter into business relationships or dealings with private
105 seed or venture capital entities or partnerships consistent with Utah Constitution Article VI,
106 Section 29, Subsection (2).
107 (ii) A business dealing or relationship entered into under Subsection (2)(c)(i) does not
108 preclude the private entity or partnership from participating in or receiving benefits from a
109 venture capital program authorized or sanctioned by the laws of this state, unless otherwise
110 precluded by the specific law that authorizes or sanctions the program.
111 (iii) Subsections (2)(c)(i) and (ii) also apply to the Utah College of Applied
112 Technology created in Title 53B, Chapter 2a, Utah College of Applied Technology.
113 Section 4. Section 53B-2-111 is enacted to read:
114 53B-2-111. Dixie State University -- Institutional name change.
115 (1) Dixie State College of Utah shall be known as Dixie State University.
116 (2) Dixie State University is a continuation of Dixie State College of Utah and shall:
117 (a) possess all rights, titles, privileges, powers, immunities, franchises, endowments,
118 property, and claims of Dixie State College of Utah; and

119 (b) fulfill and perform all obligations of Dixie State College of Utah, including
120 obligations relating to outstanding bonds and notes.
121 Section 5. Section 53B-2a-108 is amended to read:
122 53B-2a-108. Campus boards of directors -- Membership -- Appointments.
123 A campus shall have a campus board of directors appointed as follows:
124 (1) the Bridgerland Applied Technology College Campus Board of Directors shall be
125 composed of the following 12 members:
126 (a) one elected local school board member appointed by the board of education for the
127 Box Elder School District;
128 (b) one elected local school board member appointed by the board of education for the
129 Cache School District;
130 (c) one elected local school board member appointed by the board of education for the
131 Logan School District;
132 (d) one elected local school board member appointed by the board of education for the
133 Rich School District;
134 (e) one member of the Utah State University board of trustees; and
135 (f) seven representatives of business or industry employers within the region appointed
136 jointly by the members appointed under Subsections (1)(a) through (e);
137 (2) the Ogden-Weber Applied Technology College Campus Board of Directors shall be
138 composed of the following 10 members:
139 (a) one elected local school board member appointed by the board of education for the
140 Ogden City School District;
141 (b) one elected local school board member appointed by the board of education for the
142 Weber School District;
143 (c) one elected local school board member jointly appointed by the boards of education
144 for the Ogden City School District and the Weber School District;
145 (d) one member of the Weber State University board of trustees; and
146 (e) six representatives of business or industry employers within the region appointed
147 jointly by the members appointed under Subsections (2)(a) through (d);
148 (3) the Davis Applied Technology College Campus Board of Directors shall be
149 composed of the following 10 members:

150 (a) one elected local school board member appointed by the board of education for the
151 Davis School District;
152 (b) one elected local school board member appointed by the board of education for the
153 Morgan School District;
154 (c) one elected local school board member jointly appointed by the boards of education
155 for the Davis School District and the Morgan School District;
156 (d) one member of the Weber State University board of trustees; and
157 (e) six representatives of business or industry employers within the region appointed
158 jointly by the members appointed under Subsections (3)(a) through (d); [and]
159 (4) the Tooele Applied Technology College Campus Board of Directors shall be
160 composed of the following 12 members:
161 (a) three elected local school board members appointed by the board of education for
162 the Tooele County School District;
163 (b) one member of the Salt Lake Community College board of trustees;
164 (c) one member of the Utah State University board of trustees; and
165 (d) seven representatives of business or industry employers within the region appointed
166 jointly by the members appointed under Subsections (4)(a) through (c);
167 (5) the Mountainland Applied Technology College Campus Board of Directors shall be
168 composed of the following 18 members:
169 (a) one elected local school board member appointed by the board of education for the
170 Alpine School District;
171 (b) one elected local school board member appointed by the board of education for the
172 Nebo School District;
173 (c) one elected local school board member appointed by the board of education for the
174 Provo School District;
175 (d) one elected local school board member appointed by the board of education for the
176 South Summit School District;
177 (e) one elected local school board member appointed by the board of education for the
178 North Summit School District;
179 (f) one elected local school board member appointed by the board of education for the
180 Wasatch School District;

181 (g) one elected local school board member appointed by the board of education for the
182 Park City School District;
183 (h) one member of the Utah Valley University board of trustees; and
184 (i) 10 representatives of business or industry employers within the region appointed
185 jointly by the members appointed under Subsections (5)(a) through (h); [and]
186 (6) the Uintah Basin Applied Technology College Campus Board of Directors shall be
187 composed of the following 10 members:
188 (a) one elected local school board member appointed by the board of education for the
189 Daggett School District;
190 (b) one elected local school board member appointed by the board of education for the
191 Duchesne School District;
192 (c) one elected local school board member appointed by the board of education for the
193 Uintah School District;
194 (d) one member of the Utah State University board of trustees; and
195 (e) six representatives of business or industry employers within the region appointed
196 jointly by the members appointed under Subsections (6)(a) through (d);
197 (7) the Southwest Applied Technology College Campus Board of Directors shall be
198 composed of the following 12 members:
199 (a) one elected local school board member appointed by the board of education for the
200 Beaver School District;
201 (b) one elected local school board member appointed by the board of education for the
202 Garfield School District;
203 (c) one elected local school board member appointed by the board of education for the
204 Iron School District;
205 (d) one elected local school board member appointed by the board of education for the
206 Kane School District;
207 (e) one member of the Southern Utah University board of trustees; and
208 (f) seven representatives of business or industry employers within the region appointed
209 jointly by the members appointed under Subsections (7)(a) through (e);
210 (8) the Dixie Applied Technology College Campus Board of Directors shall be
211 composed of the following 10 members:

212 (a) three elected local school board members appointed by the board of education for
213 the Washington School District;
214 (b) one member of the Dixie State [College of Utah] University board of trustees; and
215 (c) six representatives of business or industry employers within the region appointed
216 jointly by the members appointed under Subsections (8)(a) through (b); and
217 (9) the representatives of business or industry employers shall be:
218 (a) appointed jointly by the designated members from a list of names provided by local
219 organizations or associations whose members employ workers with career and technical
220 education;
221 (b) individuals recognized for their knowledge and expertise;
222 (c) individuals who represent current and emerging business and industry sectors of the
223 state; and
224 (d) appointed on a nonpartisan basis.
225 Section 6. Section 53B-3-102 is amended to read:
226 53B-3-102. State institution of higher education defined.
227 (1) As used in this chapter, "state institution of higher education" means the University
228 of Utah, Utah State University, Southern Utah University, Weber State University, Snow
229 College, Dixie State [College of Utah] University, Utah Valley University, Salt Lake
230 Community College, and any other university or college which may be established and
231 maintained by the state.
232 (2) It includes any branch or affiliated institution and any campus or facilities owned,
233 operated, or controlled by the governing board of the university or college.
234 Section 7. Section 53B-8-101 is amended to read:
235 53B-8-101. Waiver of tuition.
236 (1) (a) The president of each institution may waive all or part of the tuition in behalf of
237 meritorious or impecunious resident students to an amount not exceeding 10% of the total
238 amount of tuition which, in the absence of the waivers, would have been collected from all
239 Utah resident students at the institution.
240 (b) Two and a half percent of the waivers designated in Subsection (1)(a) shall be set
241 aside for members of the Utah National Guard. Waivers shall be preserved by the student at
242 least 60 days before the beginning of an academic term.

243 (2) (a) Each academic year the president of each of the following institutions may
244 waive all or part of the resident portion of the tuition in behalf of the additional number of
245 meritorious nonresident students set forth below who are not current recipients of the waiver:
246 (i) the University of Utah president may grant up to 190 waivers;
247 (ii) the Utah State University president may grant up to 183 waivers, 18 of which shall
248 be awarded to students at Utah State University-College of Eastern Utah;
249 (iii) the Weber State University president may grant up to 135 waivers;
250 (iv) the Southern Utah University president may grant up to 68 waivers;
251 (v) the Snow College president may grant up to 18 waivers;
252 (vi) the Dixie State [College of Utah] University president may grant up to 30 waivers;
253 (vii) the Utah Valley University president may grant up to 114 waivers; and
254 (viii) the Salt Lake Community College president may grant up to 43 waivers.
255 (b) (i) A president may continue to waive the resident portion of the tuition during the
256 entire time the affected meritorious nonresident student remains an undergraduate student in
257 good standing at the institution.
258 (ii) The resident portion of the tuition for each nonresident student is equal to the
259 tuition for resident students at the institution.
260 (c) A president may waive the nonresident portion of tuition for a meritorious
261 nonresident student receiving a waiver under Subsection (2)(a) after completion of the student's
262 first year of full-time study at the institution.
263 (d) (i) In addition to the waivers authorized by Subsections (2)(a) and (c), a president
264 may waive all or part of the nonresident portion of tuition for a meritorious nonresident student
265 during the student's first year of full-time study at the institution.
266 (ii) The number of these nonresident waivers for each institution is limited to the
267 percentage of nonresident students at each institution times the nonresident student number
268 allowed under Subsection (2)(a).
269 (3) Upon recommendation of the board, a president may grant additional full or partial
270 tuition waivers to encourage students to enroll for instruction in occupations critical to the state
271 for which trained personnel are in short supply.
272 (4) A president may waive all or part of the difference between resident and
273 nonresident tuition in the case of meritorious graduate students and nonresident summer school

274 students.
275 (5) The board shall submit annual budget appropriation requests for each institution
276 which include requests for funds sufficient in amount to equal the estimated loss of dedicated
277 credits that would be realized if all of the tuition waivers authorized by Subsection (2) were
278 granted.
279 Section 8. Section 53B-8-103 is amended to read:
280 53B-8-103. Waiver of nonresident differential in tuition rates -- Dixie State
281 University good neighbor tuition waivers.
282 (1) Notwithstanding any other provision of law:
283 (a) (i) The board may determine when to grant a full or partial waiver of the
284 nonresident differential in tuition rates charged to undergraduate students pursuant to reciprocal
285 agreements with other states.
286 (ii) In making the determination described under Subsection (1)(a)(i), the board shall
287 consider the potential of the waiver to:
288 (A) enhance educational opportunities for Utah residents;
289 (B) promote mutually beneficial cooperation and development of Utah communities
290 and nearby communities in neighboring states;
291 (C) contribute to the quality of educational programs; and
292 (D) assist in maintaining the cost effectiveness of auxiliary operations in Utah
293 institutions of higher education.
294 (b) (i) Consistent with its determinations made pursuant to Subsection (1)(a), the board
295 may enter into agreements with other states to provide for a full or partial reciprocal waiver of
296 the nonresident tuition differential charged to undergraduate students.
297 (ii) An agreement shall provide for the numbers and identifying criteria of
298 undergraduate students, and shall specify the institutions of higher education that will be
299 affected by the agreement.
300 (c) The board shall establish policy guidelines for the administration by the affected
301 Utah institutions of any tuition waivers authorized under this section, for evaluating applicants
302 for such waivers, and for reporting the results of the reciprocal waiver programs authorized by
303 this section.
304 (d) A report and financial analysis of any waivers of tuition authorized under this

305 section shall be submitted annually to the general session of the Legislature as part of the
306 budget recommendations of the board for the system of higher education.
307 (2) (a) Dixie State [College of Utah] University may offer a good neighbor full waiver
308 of the nonresident differential in tuition rates charged to undergraduate students:
309 (i) pursuant to reciprocal agreements with other states; or
310 (ii) to a resident of a county that has a portion of the county located within 70 miles of
311 the main campus of Dixie State [College of Utah] University.
312 (b) (i) A student who attends Dixie State [College of Utah] University under a good
313 neighbor tuition waiver shall pay a surcharge per credit hour in addition to the regular resident
314 tuition and fees of Dixie State [College of Utah] University.
315 (ii) The surcharge per credit hour shall be based on a percentage of the approved
316 resident tuition per credit hour each academic year.
317 (iii) The percentage assessed as a surcharge per credit hour may not be less than 70%
318 of resident tuition per credit hour.
319 (c) Dixie State [College of Utah] University may restrict the number of good neighbor
320 tuition waivers awarded.
321 (d) A student who attends Dixie State [College of Utah] University on a good neighbor
322 tuition waiver may not count the time during which the waiver is received towards establishing
323 resident student status in Utah.
324 Section 9. Section 53B-16-501 is amended to read:
325 53B-16-501. Nonprofit corporations or foundations -- Purpose.
326 (1) Dixie State [College of Utah] University may form a nonprofit corporation or
327 foundation controlled by the president of the college and the Board of Regents to aid and assist
328 the college in attaining its charitable, communications, and other related educational objectives,
329 including support for the Center for Media Innovation, film festivals, film production, print
330 media, broadcasting, television, and digital media.
331 (2) The nonprofit corporation or foundation may receive and administer legislative
332 appropriations, government grants, contracts, and private gifts to carry out its public purposes.
333 Section 10. Section 76-8-701 is amended to read:
334 76-8-701. Definitions.
335 For the purposes of this part:

336 (1) "Chief administrative officer" means the president of a private or state institution of
337 higher education or the officer designated by the president or by the governing board of the
338 institution to administer the affairs of a campus or other facility owned by the institution or
339 operated or controlled by the governing board of the institution.
340 (2) "School" or "institution of higher education" means any private institution of higher
341 education or any state institution of higher education as defined in Section 53B-1-102 .
342 (3) "State institution of higher education" includes the University of Utah, Utah State
343 University, Southern Utah University, Weber State University, Snow College, Dixie State
344 [College of Utah] University, Utah Valley University, Salt Lake Community College, and any
345 other university or college which may be established and maintained by the state, and includes
346 any branch or affiliated institution and any campus or facility owned, operated, or controlled by
347 the governing board of the university or college.
348 Section 11. Effective date.
349 If approved by two-thirds of all the members elected to each house, this bill takes effect
350 upon approval by the governor, or the day following the constitutional time limit of Utah
351 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
352 the date of veto override.

[Bill Documents]